BUSINESS PAPER

 

 

 

 

 

 

 

 

 


Randwick Local Planning Panel

Meeting

 

 

 

Monday 10 December 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            10 December 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, 90 Avoca St Randwick on

Monday, 10 December 2018 at 12 noon

 

 

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

D98/18         928-930 Anzac Parade, Maroubra (DA/806/2017) (Deferred)........................................... 1

D99/18         146 Carrington Road, Randwick (DA/106/2018) (Deferred)........................................... 73

D100/18       31 Knox Street, Clovelly (DA/270/2018).................................................................... 169

D101/18       11A Denning Street, South Coogee (DA/471/2018).................................................... 195

D102/18       195 Beach Street, Coogee (DA/230/2017)................................................................. 213

D103/18       4 Govett Street, Randwick (DA/367/2018)................................................................. 249

Miscellaneous Reports

Nil    

 

 

 

Kerry Kyriacou

Director City Planning


Randwick Local Planning Panel            10 December 2018

 

RCC LOGO_Stacked_COLOUR_RGB

Development Application Report No. D98/18

 

Subject:                      928-930 Anzac Parade, Maroubra (DA/806/2017) (Deferred)

Folder No:                      DA/806/2017

 

Author:                          Louis Coorey, Senior Environmental Planning Officer

 

Proposal:                       Demolition of existing structure, construction of part 3 part 6 storey shop-top housing development in 2 building forms with 26 dwellings, 4 commercial premises and 2 levels of basement carparking for 45 cars with associated works.

Ward:                             Central Ward

Applicant:                      Sgammotta Architects

Owner:                           Janlz Constructions

Summary

Recommendation:          Approval

 

 

 

 

Subject Site

 

 

 

Submissions received (additional submission circled red)

 

Ù

North

 

Locality Plan


 

Introduction

 

The subject application was considered at the Randwick Local Planning Panel (RLPP) meeting on 11 October 2018. At the meeting, it was resolved that the RLPP defers determination of the subject DA pending:

 

a)       Re-notification of the development application; and

b)       Provision of additional information to address the requirements of SEPP 55.

 

The application was renotified in accordance with Part A of the Randwick DCP-Public Notification whereby the description of the development corrected the proposed number of dwellings. One further submission was received raising concerns relating to loss of sunlight, visual and acoustic privacy impacts, traffic congestion and safety along Byng Lane.

 

The applicant submitted additional information comprising a Preliminary Site Investigation (PSI) report to address the requirements under Clause 7 (2) of the State Environmental Planning Policy (SEPP) No. 55 – Remediation of Land. Council’s Senior Environmental Health Officer has reviewed the report and recommended conditions requiring that the land to be remediated and made suitable for the purpose for which the development is proposed to be carried out.

 

The application is recommended for approval.

 

Key issues

 

-     SEPP 55 – Remediation of Land

Clause 7(2) requires consideration of the findings of a preliminary site investigation report due to incomplete knowledge as to whether the site is or is not contaminated having regard to the nature of the proposed development for shop top housing incorporating significant excavation.

 

The Preliminary site investigation report submitted as additional information was referred to and commented on by Council’s Senior Environmental Health Officer contained in the referral section of this report. In short, the Preliminary Site Investigation report states that given the moderate risk of contamination, the site is suitable for the proposed development, subject to the recommendations provided in the report. If any contamination is identified, the site could be made suitable for the proposed development following appropriate remediation and validation. Appropriate conditions have been included in the recommendation made by Council.

 

As a result of the above, it is considered that the site satisfies the requirements under SEPP 55.

 

-     Submissions

The proposal was notified in accordance with the Randwick Comprehensive Development Control Plan 2013 (RDCP). One further submission was received from the rear neighbouring resident at No. 144 Garden Street raising concerns relating to loss of sunlight, visual and acoustic privacy impacts, traffic congestion and safety along Byng Lane. These matters have been addressed in the original assessment report. Notwithstanding, for completeness, the table below addresses the matters raised:

 

Issue

Comment

Increased traffic congestion resulting in safety concerns in the laneway.

Council’s Development Engineer has reviewed the proposal and recommends approval subject to conditions. The proposal is not expected to result in safety concerns.

Privacy impacts, particularly due to the east facing balconies.

The proposal complies with visual privacy controls as part of the Apartment Design Guide with regards to achieving minimum building separation to eastern neighbouring properties fronting Garden Street. Therefore, east-facing balconies will not result in adverse privacy impacts.

Loss of natural light and sunlight to eastern properties.

Based on the submitted shadow diagrams, surrounding residential development to the east will continue to receive solar access in accordance with the ADG and RDCP.

 

Referral Comments

 

-     Environmental Health

 

Comments:

An initial request was made by Councils EHU on 21 May 2018 (D03229159) for a preliminary site investigation to be prepared by suitably qualified and experienced environmental consultant. A geotechnical report was submitted the next day however the applicant was advised in writing this was not adequate and again reiterated the need for a preliminary site investigation.  A further email was sent to the assessing planning officer on 6 August 2018 seeking the information requested (D03322746).  On 31 August 2018, a letter (D03307284) prepared by ABC Planning was submitted in an effort to satisfy the request for additional information.

 

A preliminary site investigation has been prepared by Arcadis dated 26.10.18 and submitted for review. The recommendation in this report is for a detailed investigation to be undertaken once the demolition has been completed and unrestricted access can be provided to the site.

 

Should the application is to be approved, it is requested recommended conditions be included on any consent.

 

Planning comment: The salient recommendation of the PSI report is that it identifies a moderate risk of contamination of the site and considers that it will be suitable for the proposed mixed use subject to recommendations being adhered to. The recommendations include conducting a detailed site investigation following demolition of the existing buildings as this allows for unrestricted access for intrusive work. It is considered that the applicant has suitably addressed the requirements for a PSI report under Clause 7 of SEPP 55 and that the site will be suitable for its mixed commercial and residential use as required under SEPP 55.

 

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. 806/2017 for demolition of existing structure, construction of part 3 part 6 storey shop-top housing development in 2 building forms with 26 dwellings, 4 commercial premises and 2 levels of basement carparking for 45 cars with associated works at No. 928-930 Anzac Parade Maroubra, subject to the development consent conditions attached to this report.

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received by Council

DA013 Rev A

Sgammotta Architects

20/12/2017

20 June 2018

DA100 Rev A

DA101 Rev A

DA102 Rev B

5/6/2018

DA103 Rev D

DA104 Rev D

DA105 Rev D

DA106 Rev D

DA107 Rev D

DA108 Rev C

DA200 Rev B

DA201 Rev B

DA202 Rev A

20/12/2017

DA203 Rev C

5/6/2018

DA300 Rev C

DA302 Rev A

20/12/2017

DA400 Rev B

5/6/2018

DA401 Rev B

DA500 Rev B

DA501 Rev B

 

BASIX Certificate No.

Dated

Received by Council

887708M_02

15/6/2018

20/6/2018

 

Amendment of Plans & Documentation

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

 

a)          The following windows shall remain openable for the purposes of adequate levels of cross ventilation:

    North facing bedroom windows to units 2, 3, 6, 7, 10, 11, 14 & 15

    North facing living room windows to units 18 & 22

    South facing living room window to unit 4

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

Section 7.12 Development Contributions

4.         In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $11,999,000.00 the following applicable monetary levy must be paid to Council: $119,900.00.

 

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment. Please contact Council on telephone 9093 6999 or 1300 722 542 for the indexed contribution amount prior to payment.

To calculate the indexed levy, the following formula must be used:

IDC = ODC x CP2/CP1

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

CP2 = the Consumer Price Index, All Groups, Sydney, as published by the ABS in  respect of the quarter ending immediately prior to the date of payment

CP1 = the Consumer Price Index, All Groups, Sydney as published by the ABS in respect of the quarter ending immediately prior to the date of imposition of the condition requiring payment of the levy.

 

Council’s Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

Compliance Fee

5.         A development compliance and enforcement fee of $5,000.00 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.

 

Long Service Levy Payments

6.         The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 6.8 of the Environmental Planning & Assessment Act 1979.

 

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

 

Security Deposit

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

 

        $10,000.00    -        Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Electricity Substation

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

 

 

Sydney Water

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

                           

The approved plans must be submitted to the Sydney Water Tap in™ online service, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

The Tap in™ service provides 24/7 access to a range of services, including:

    Building plan approvals

    Connection and disconnection approvals

    Diagrams

    Trade waste approvals

    Pressure information

    Water meter installations

    Pressure boosting and pump approvals

    Change to an existing service or asset, e.g. relocating or moving an asset.

 

Sydney Water’s Tap in™ in online service is available at:

https://www.sydneywater.com.au/tapin

 

The Principal Certifying Authority must ensure that the developer/owner has submitted the approved plans to Sydney Water Tap in online service.

           

            Land Contamination & Remediation

10.        A Detailed Site Contamination Investigation Report must be submitted to the satisfaction of Council’s Director of City Planning prior to issuing any Construction Certificate for the development.

 

The detailed investigation must be undertaken by an independent appropriately qualified environmental consultant and provide information on land and ground water contamination and also migration in relation to past and current activities and uses that may have occurred on the site.

 

The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Office of Environment and Heritage (OEH/EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.

 

1.   Should the Detailed Site Investigation Report demonstrate that the land and groundwater is not contaminated, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.  The report must demonstrate that any site contamination satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999 and it is not necessary to carry out any remediation work.

 

       The written concurrence of Council must be obtained before any Construction Certificate is issued for the development, which confirms that Council does not require further investigations or site remediation work to be undertaken.

 

2.   Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be complied with:-

 

a)       A Remediation Action Plan (RAP) is required to be submitted to the satisfaction of Council prior to commencing any remediation works and prior to issuing any Construction Certificate.  The RAP is also required to be reviewed by an independent Office of Environment and Heritage (OEH/EPA) Accredited Site Auditor and a written statement is to be provided to the Council with the RAP from the Site Auditor, which confirms that the Remediation Action Plan satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and will be suitable for the intended development and use

 

b)       The RAP is to be prepared in accordance with the relevant Guidelines made or approved by Office of Environment and Heritage (OEH/EPA), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

          This RAP is to include procedures for the following:

 

     Excavation, removal and disposal of contaminated soil,

     Validation sampling and analysis,

     Prevention of cross contamination and migration or release of contaminants,

     Site management planning,

     Ground water remediation, dewatering, drainage, monitoring and validation,

     Unexpected finds.

 

c)       An Office of Environment and Heritage (OEH/EPA) Accredited Site Auditor, accredited under the Contaminated Land Management Act 1997, must be appointed to assess the suitability of the site for its intended development and use. 

 

d)       A Site Audit Statement and Summary Site Audit Report must be submitted to Council prior to issuing a Construction Certificate [or Subdivision Certificate] for building works (other than site retaining walls that are necessary to facilitate excavation and remediation works).  The Site Audit Statement and Report must confirm that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Council is required to be consulted with prior to the development of any Environmental Management Plan (EMP) and the comments made by Council are required to be taken into consideration prior to finalising the EMP.

 

e)       Remediation works are to be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW OEA/EPA and Department of Planning, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

f)        Should the approved remediation strategy including the ‘capping’ or ‘containment’ of any contaminated land, details are to be included in the Site Audit Statement (SAS) and Environmental Management Plan (EMP) to the satisfaction of the Site Auditor.

 

Details of the SAS and EMP (which includes capping and containment of contaminated land) are also required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919.

 

g)       The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed and implemented, to the satisfaction of a suitably qualified and experienced specialist and the Site Auditor. 

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines (if any) and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

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

 

Sydney Airport Corporation Limited (SACL) - Airspace

11.        The maximum height to the topmost point of the proposed building, including any rooftop installations, such as lift overruns, air conditioning plant and equipment, solar panels, vents, chimneys, aerials and the like, shall not exceed RL53.00 metres above AHD, as denoted in the Sydney Airport Corporation Limited letter to Council dated 5/01/2018 (Reg No.: 18/0007). Should these heights be exceeded, a new application is required to be submitted. SACL advises that approval to operate construction equipment (i.e. cranes) should be obtained prior to any commitment to construct. Information requirements are contained in the letter identified above. Details demonstrating compliance shall be incorporated in the Construction Certificate.

 

Roads and Maritime Services Requirements

12.        Roads and Maritime raises no objection on property grounds provided all buildings and structures (other than pedestrian footpath awnings), together with any improvements integral to the future use of the site are wholly within the freehold property (unlimited in height or depth), along the Anzac Parade boundary. 

 

13.        A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council prior to the issue of a Construction Certificate.

 

14.        All demolition and construction vehicles are to be contained wholly within the site (or Byng Lane) and vehicles must enter the site before stopping. 

 

15.        A Road Occupancy Licence should be obtained from Transport Management Centre for any works that may impact on traffic flows on Anzac Parade during construction activities.

 

16.        A construction zone will not be permitted on Anzac Parade unless written consent is obtained from Roads and Maritime. 

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

11.        In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

 

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

 

BASIX Requirements

13.        In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

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

 

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

 

Site stability, Excavation and Construction work

14.        A report must be obtained from a suitably qualified and experienced professional engineer/s, which includes the following details, to the satisfaction of the Certifying Authority for the development:-

 

a)       Geotechnical details which confirm the suitability and stability of the site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)       Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)       Details to demonstrate that the proposed methods of excavation, support and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)       The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)       Written approval must be obtained from the owners of the adjoining land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

            Traffic Conditions

15.       The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

            Road Widening of Byng Lane

16.        Plans submitted for the construction certificate must include the following amendments and requirements.

 

a)         Adequate provision shall be made for a minimum 1.3m wide footpath in Byng Lane adjacent to the existing kerb line to be wholly located on Council property.

 

b)         This will necessitate an appropriate width of road dedication (approx. 0.7-0.9m) at ground level (via a Stratum plan of subdivision).

 

c)         The roof of the basement carpark underneath the future Council footpath shall be lowered to a minimum of 0.6m below gutter level to allow for future provision of services in Byng lane. A section through the basement and footpath shall be submitted to Council’s Development Engineers for approval demonstrating compliance with this requirement.

 

Design Alignment levels

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

 

Byng Lane Frontage

·           150mm above gutter all points opposite the kerb, along the full site frontage.

 

Anzac Parade Frontage

·           Match the back of the existing footpath, along the full site frontage.

 

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

 

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

 

18.        The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $908 calculated at $57.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

       Street Awnings

19.        Plans submitted for the construction certificate shall demonstrate the proposed awnings complying with the following council requirements;

a)         The minimum clear distance from the existing footpath in Anzac Parade to the underside of the proposed awning shall be 3.00 metres.

b)         All new awnings shall be set back a minimum of 600mm from the face of kerb.

 

Stormwater Drainage & Flood Management

20.        Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be prepared by a suitably qualified Hydraulic Engineer and submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)         A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)         A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)         The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

d)         Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

e)         Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

f)          The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

21.        The site stormwater drainage system is to be provided in accordance with the following requirements;

 

a)       The stormwater drainage system must be provided in accordance with the relevant requirements of Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)       The stormwater must be discharged (by gravity) either:

 

i.      Directly to the kerb and gutter in front of the subject site in Anzac Parade or Byng Lane  or

 

ii.     Directly into Council’s/RMS’s underground drainage system located in Anzac Parade  via a new and/or existing drainage pit; or

 

c)       An on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 10% AEP (1 in 10 year) storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 5% AEP (1 in 20 year) storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority. If discharging to the street gutter the PSD shall be restricted to the above or 25 L/S, whichever the lesser.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an annual exceedance probability (AEP) of 1% (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1% AEP (1 in 100 year) storm.

 

d)       Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

e)       Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1% AEP (1 in 100 year), 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Private Stormwater Code.

 

f)        If connecting to Council’s underground drainage system, a reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

g)       Should the post development stormwater discharge from the subject site into the Roads and Maritimes system on Anzac Parade exceed the predevelopment discharge, detailed design plans and hydraulic calculations of any changes are to be submitted to Roads and Maritime for approval prior to commencement of works on the site.

 

Details shall be submitted to Suppiah Thillai: suppiah.thillai@rms.nsw.gov.au

      

A plan checking fee will be payable and a performance bond may be required before Roads and maritime approval is issued. With regard to any Civil Works requirements please contact the Roads and maritime Project Engineer, External works Ph 8849-2114 or fax 8849-2766

 

h)       Any new kerb inlet pits (constructed within Council’s road reserve) are to be constructed generally in accordance with Council’s standard detail for the design of drainage pits (a copy is available from council’s Drainage Engineer)

 

i)        Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to the proposed drainage (detention/infiltration) system.

 

j)        A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

      The pit being constructed from cast in-situ concrete, precast concrete or double brick.

      A minimum of 4 x 90 mm diameter weep holes (or equivalent) located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

      A galvanised heavy-duty screen being provided over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

      The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

      A child proof and corrosion resistant fastening system being provided for the access grate (e.g. spring loaded j-bolts or similar).

      Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

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

 

k)       The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

l)        The maximum depth of ponding in any above ground detention areas and/or infiltration systems with above ground storage shall be as follows (as applicable):

i.      150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

i.      300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

ii.     600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10

iii.     1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

iv.    Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

m)      A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

n)       A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

o)       Mulch or bark is not to be used in on-site detention areas.

 

p)       Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line and must not encroach across a neighbouring property’s frontage unless approved in writing by Council’s Development Engineering Coordinator.

 

q)       Any onsite detention/infiltration systems shall be located areas accessible by residents of all units.

 

Site Seepage & Dewatering

22.        As the proposed basement level/s may extend into the water table (or be affected by fluctuations of the water table), the following requirements apply:

 

a)   The design and construction of the basement level/s must preclude the need for dewatering after construction.

 

That part of the development that may be impacted by the water table must include a water proof retention system (i.e. a fully tanked structure) with adequate provision for future fluctuations of water table levels. (It is recommended that a minimum allowance for a water table variation of at least +/-1.0 metre beyond any expected fluctuation be provided). The actual water table fluctuation and fluctuation safety margin must be determined by a suitably qualified professional.

 

b)   Groundwater management systems shall be designed to transfer groundwater around, through or under the proposed development without a change in the range of the natural groundwater level fluctuations in the locality.

 

Where an impediment to the natural flowpaths is created as a result of the nature of the construction methods utilised or the bulk of the below-ground structure, artificial drains such as perimeter drains and through drainage may be utilised. These systems may only be utilised where it can be demonstrated that the natural groundwater flow regime is restored both up-gradient and down-gradient of the site, without any adverse effects on surrounding property or infrastructure.

 

Groundwater management systems:

 

    Are to be designed to be easily maintained.

    Should have a design life of 100 years.

 

c)   The basement level/s of the building must be designed by a structural engineer who is qualified and experienced in the design of structures below a water table.  Details of the proposed methods of managing groundwater, tanking and waterproofing must be submitted to and approved by the certifying authority, prior to issuing the construction certificate. A copy of the engineer’s qualifications and experience must also be submitted to the Certifying Authority.

 

In the event of the development being modified in a manner that changes building/structural loads or alters the basement design, a suitably qualified and experienced structural engineer must certify that the design of the basement remains adequate for the site conditions.

 

23.        Prior to the issue of a construction certificate, a report must be submitted to and approved by the Certifying Authority, detailing the proposed methods of excavation (including support), managing groundwater and dewatering the site. 

The report is to be prepared by a suitably qualified and experienced Geotechnical and/or Hydrogeological Engineer and include:

 

a)       Details of compliance with relevant approvals and licences (e.g. Council’s conditions of consent and Water Licence from the Office of Water.

 

b)       The proposed method of excavation, shoring/piling and dewatering.

 

c)       Assessment of the potential risk of off-site impacts such as damage to surrounding buildings or infrastructure due to differential sediment compaction and surface settlement during and following pumping of groundwater. Note: The assessment must demonstrate that the proposed method of excavation and dewatering will not pose an unacceptable risk of damage.

 

d)       The zone of any possible settlement.

 

e)       Details of the proposed temporary disposal of groundwater and/or construction site stormwater to Council’s drainage system. Note: Prior to discharging groundwater (or site stormwater) into Council’s stormwater drainage system, separate written approval must be obtained from Council in accordance with Section 138 of the Roads Act 1993.

 

f)       The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

 

g)       Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in an environmentally sensitive manner. The details must demonstrate compliance with relevant requirements and approvals of the Office of Environment & Heritage, Council and the Protection of the Environment Operations Act 1997.

 

h)       The program to monitor fluctuations of the water table during dewatering/ construction to ensure that the conditions of consent and other relevant requirements are satisfied.

 

i)        The location of all proposed monitoring and pumping equipment in relation to the property boundaries (where monitoring or pumping equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

 

j)        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (i.e. in relation to access, monitoring and rectification of possible damage to other premises)

 

k)       Certification that the proposed methods of dewatering and excavation are:

 

     appropriate and in accordance with ‘best practice’ principles; and

     should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

A copy of the approved report must be submitted to Council, (for Council’s record keeping purposes and as confirmation that this condition has been complied with), prior to the commencement of any site construction works.

 

Any practices or recommendations made by the consulting engineer/s in the approved report must be implemented accordingly and the dewatering process must be monitored by the consulting engineer/s to the satisfaction of the Principal Certifying Authority.

 

Waste Management

24.        An amended Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Planning.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·         The use of the premises and the number and size of occupancies.

·         The type and quantity of waste to be generated by the development.

·         Demolition and construction waste, including materials to be re-used or recycled.

·         Details of the proposed recycling and waste disposal contractors.

·         Waste storage facilities and equipment.

·         Access and traffic arrangements.

·         The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

NOTES:

o    THE WMP must include the use of 660L for residential garbage to reduce the number of bins presented to Byng Lane for collection.

 

o    Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

25.        Plans submitted for the construction certificate must demonstrate compliance with the following requirements in relation to waste management;

 

a)         Accessways, ramps, doorways or the like between the waste storage area and kerbside collection point on Byng Lane must be designed to facilitate the easy transfer of 660L bins.  

 

b)         The residential bin room shall be sized to contain 5 x 660L bins for garbage and 13 X 240 litre bins for recycling and with adequate provisions for access to the bins.

 

c)         A 10m2 area is to be dedicated for the storage of bulky waste items for residents. 

 

d)         The commercial/retail garbage area shall be sized to contain a total of 10 x 240 litre bins) and with adequate provisions for access to all of the bins. Details showing compliance are to be included in the construction certificate.

 

e)         The commercial garbage area must be separated from the residential bin storage area.

 

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

                  

                   Telecommunications infrastructure

26.       Prior to the issue of  a Construction Certificate in connection with this development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

 

(i)               The installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose, and;

 

(ii)               The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

 

NOTE: Real estate development project has the meanings given in section 372Q of the Telecommunications Act.

 

   Landscape Plans

27.        The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Amended Landscape Plans by Taylor Brammer Landscape Architects, dwg 01 – 02 & D1, rev B, dated 13/06/18.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

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

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

c)       the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority

 

d)       at least two days’ notice must be given to the Council, in writing, prior to commencing any works; and

 

e)       the relevant requirements of the Home Building Act 1989 (as applicable) must be complied with and details provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

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

 

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

 

Construction Site Management Plan

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

 

          location and construction of protective site fencing / hoardings;

          location of site storage areas/sheds/equipment;

          location of building materials for construction;

          provisions for public safety;

          dust control measures;

          details of proposed sediment and erosion control measures;

          site access location and construction

          details of methods of disposal of demolition materials;

          protective measures for tree preservation;

          location and size of waste containers/bulk bins;

          provisions for temporary stormwater drainage;

          construction noise and vibration management;

          construction traffic management details;

          provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

a)       The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

b)       Any materials containing asbestos (including Fibro) must be safely removed and disposed of in accordance with the NSW Work Health and Safety Regulation 2017, SafeWork NSW Code of Practice for the Safe Removal of Asbestos, Protection of Environment Operations (Waste) Regulation 2014 and Council’s Asbestos Policy.

 

Construction Noise & Vibration Management Plan

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

 

a)       Noise and vibration emissions during the construction of the building and associated site works must not result in an unreasonable loss of amenity to nearby residents. 

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

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

 

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

 

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

 

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

 

Public Liability

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

 

Construction Traffic Management

34.        Randwick Traffic Committee, for a ‘Works Zone’ to be provided in vicinity of development for the duration of the demolition & construction works.

 

A works zone will not be permitted on Anzac Parade unless written consent is obtained from Roads and Maritime,

 

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

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site.  The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

 

35.        A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to the commencement of any site work.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·         A description of the demolition, excavation and construction works

·         A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·         Any proposed road and/or footpath closures

·         Proposed site access locations for personnel, deliveries and materials

·         Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·         Provision for loading and unloading of goods and materials

·         Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·         Proposed hours of construction related activities and vehicular movements to and from the site

·         Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Maritime Services, Police and State Transit Authority)

·         Any activities proposed to be located or impact upon Council’s road, footways or any public place

·         Measures to maintain public safety and convenience

 

The approved Construction Site Traffic Management Plan must be complied with at all times, and any proposed amendments to the approved Construction Site Traffic Management Plan must be submitted to and be approved by Council in writing, prior to the implementation of any variations to the Plan.

 

36.        Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, Transport, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

          Public Utilities

37.        A public utility impact assessment must be carried out on all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.  The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.

 

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

 

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

 

Site Remediation

39.        A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include measures to address the following matters:

 

       general site management, site security, barriers, traffic management and signage

       hazard identification and control

       worker health & safety, work zones and decontamination procedures

       cross contamination

       site drainage and dewatering

       air and water quality monitoring

       disposable of hazardous wastes

       contingency plans and incident reporting, and

       details of provisions for monitoring implementation of remediation works including details of the person/consultant responsible.

 

A copy of the Remediation Site Management Plan is to be forwarded to Council prior to commencing remediation works.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

40.        Building works are required to be inspected by the Principal Certifying Authority, in accordance with the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

 

Building & Demolition Work Requirements

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

 

•        Work Health and Safety Act 2011;

•        Work Health and Safety Regulation 2017;

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

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

•        The Protection of the Environment Operations Act 1997;

       Protection of Environment Operations (Waste) Regulation 2014

•        Randwick City Council Asbestos Policy.

 

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

 

Removal of Asbestos Materials

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

 

          Work Health & Safety legislation and SafeWork NSW requirements

 

          Preparation and implementation of a demolition work plan, in accordance with AS 2601 (2001) – Demolition of structures; NSW Work Health and Safety Regulation 2017 and Randwick City Council’s Asbestos Policy. A copy of the demolition work plan must be provided to Principal Certifying Authority and a copy must be kept on site and be made available for Council Officer upon request.

 

          A SafeWork NSW licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by SafeWork NSW or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

          On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘Danger Asbestos Removal In Progress’ and include details of the licensed contractor.

 

          Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2014.  Details of the disposal of materials containing asbestos (including receipts) must be provided to the Principal Certifying Authority and Council.

 

          A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos assessor or other competent person), must be provided to Council and the Principal Certifying Authority as soon as practicable after completion of the asbestos related works, which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

44.        In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

Sediment & Erosion Control

45.        Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom.

 

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

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·         Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Notes:

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

 

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

 

Public Safety & Site Management

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

 

a)       Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

b)       The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

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

 

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

 

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

 

e)       Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

f)        Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works, and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

Site Signage

49.        A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

          name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

          name, address and telephone number of the Principal Certifying Authority,

          a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

50.        Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

  Monday to Friday - 7.00am to 5.00pm

  Saturday - 8.00am to 5.00pm

  Sunday & public holidays - No work permitted

Excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

  Monday to Friday - 8.00am to 3.00pm only

  Saturday - No work permitted

  Sunday & public holidays - No work permitted

Additional requirements for all development

  Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Survey Requirements

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

 

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

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

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

          as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Site Seepage & Stormwater

53.        Details of the proposed connection and or disposal of any site seepage, groundwater or construction site stormwater to Council’s stormwater drainage system must be submitted to and approved by Council’s Development Engineering Coordinator, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.

 

Details must include the following information:

 

·         Site plan

·         Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system

·         Volume of water to be discharged

·         Location and size of drainage pipes

·         Duration, dates and time/s for the proposed works and disposal

·         Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997

·         Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines

·         Copy of any required approvals and licences from other Authorities (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·         Details of compliance with any relevant approvals and licences

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

             Roadway

55.        If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days-notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

 

56.        A Road Occupancy Licence (ROL) shall be obtained from Transport Management Centre for any works that may impact on traffic flows on Anzac Parade during construction activities.

 

Traffic Management

57.        Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

58.        All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

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

 

Stormwater Drainage

60.        Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

61.        Any required dewatering must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

62.        A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

Street Awning

63.        Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

Site Works & Remediation

64.        All hazardous or intractable wastes arising from the works must be removed, managed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, including:

 

·         Work Health and Safety Act 2011 and associated Regulations;

·         Protection Of the Environment Operations Act 1997 (NSW) and

·         NSW DECC/EPA Waste Classification Guidelines (2008).

 

65.        Fill material that is imported to the site must satisfy the requirements of the NSW Protection of the Environment Operations (Waste) Regulation 2014 and the NSW Environment Protection Authority (EPA) Waste Classification Guidelines (2008).  Fill material must meet the relevant requirements for Virgin Excavated Natural Material (VENM) or be the subject of a (general or specific) Resource Recovery Exemption from the EPA.

 

Details of the importation of fill and compliance with these requirements must be provided to the satisfaction of the Environmental Consultant and Site Auditor.

 

66.       Site remediation must be carried out in accordance with the following requirements (as applicable):

 

a)       All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

b)       Prior to the commencement and throughout the duration of the remediation and construction works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

c)       Remediation work shall be conducted within the following hours:

Monday – Friday         7am – 5pm

Saturday                     8am – 5pm

No work permitted on Sundays or Public Holidays

 

d)       A sign displaying the (24 hour) contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access.  This sign shall be displayed throughout the duration of the remediation works.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

Fire Safety Certificates

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

 

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

 

Structural Certification

69.        A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council with the Occupation Certificate.

 

BASIX Requirements & Certification

70.        In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that any relevant BASIX commitments and requirements have been satisfied.

 

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

 

Noise Control Requirements & Certification

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

 

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

 

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

 

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

 

 

 

 

Street and/or Sub-Address Numbering

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

 

If this application results in an additional lot, dwelling or unit, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and/or unit numbers for the development. The street and/or unit numbers must be allocated prior to the issue of an occupation certificate.

 

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

 

Site Consolidation & Stratum subdivision

74.        A ‘Plan of Consolidation’ shall be prepared for the site consolidating Lots 13,14,15 & 16 in DP 13331. A Stratum Plan of subdivision dedicating road widening of Byng lane at ground level in accordance with the conditions of this consent is also required and may be done concurrently with the Plan of consolidation. The plan/s shall be registered at NSW Land Property Information prior to the issuing of any occupation certificate.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)       Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the premises on Byng Lane to Council’s specifications and requirements.

b)       Remove any remaining redundant concrete vehicular crossing and layback and to reinstate the area with and integral kerb and gutter to Council's specification.

c)       Carry out a full depth, minimum 1 metre wide, road construction in front of the kerb and gutter and crossing along the full site frontage, to Council’s specifications and requirements.

d)       Construct a new 1.3m wide footpath along the full Byng Lane site frontage.

 

76.        Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, etc. which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

77.        All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's  "Crossings and Entrances – Contributions Policy” and “Residents’ Requests for Special Verge Crossings Policy” and the following requirements:

 

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

 

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

 

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

 

Service Authorities

 

Sydney Water

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

 

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

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

 

Undergrounding of Power

79.        The existing overhead power feed between the nearest mains distribution pole on Anzac Parade and the development site shall be relocated to an underground (UGOH) connection. All work shall be to the requirements and satisfaction of Ausgrid and at no cost to Council.

 

Stormwater Drainage

80.        A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a)         The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b)         The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

c)         The ‘restriction on use of land’ and ‘positive covenant’ may also be created via an 88B instrument in association with the registration of the Plan f consolidation/stratum subdivision plan

 

81.        A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

    The location of any detention basin/s with finished surface levels;

    Finished site contours at 0.2 metre intervals;

    Volume of storage available in any detention areas;

    The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

    The orifice size/s (if applicable);

    Details of any infiltration/absorption systems; and

    Details of any pumping systems installed (including wet well volumes).

 

82.        The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

83.        The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent.

 

Landscaping

84.        Prior to issuing any Final Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the Amended Landscape Plans by Taylor Brammer Landscape Architects, dwg 01 – 02 & D1, rev B, dated 13/06/18.

 

85.        Suitable strategies shall be implemented to ensure that the landscaping is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

Waste Management

86.        Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises.

 

87.        The waste storage areas shall be clearly signposted.

 

Remediation Work

88.        A report or statement must be obtained from the appointed Site Auditor or a suitably qualified Environmental Consultant, which confirms that the relevant conditions of consent and site remediation requirements have been satisfied accordingly and the implementation of the development has not impacted or affected the relevant site investigations, Site Remediation Strategy and Reports.

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’.

 

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

 

90.        A formal application for a subdivision certificate for the road widening/stratum subdivision is required to be submitted to and approved by Council and all relevant conditions of this development consent are required to be satisfied.

 

91.        All floors, external walls and ceilings depicted in the proposed stratum plan must be constructed.

 

92.        The applicant shall create suitable easements as required.

 

          OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

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

 

Use of parking spaces

93.        The car spaces within the development are for the exclusive use of the occupants and visitors of the building. The car spaces must not be leased to any person/company that is not an occupant of the building. 

 

Fire Safety Statements

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

 

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

 

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

 

Environmental Amenity

95.        External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

96.        The written approval of council must be obtained prior to the installation of any cooling towers.

 

97.        The use and operation of the site must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997, associated Regulations, Guidelines and Policies.

 

98.        Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and must be implemented accordingly. 

 

99.        The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

Stormwater Detention/Infiltration System

102.      The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

Residential Parking Permits

103.      All prospective owners and tenants of the building must be notified that Council will not issue any residential parking permits to occupants/tenants of this development.

 

104.      A notice shall be placed in the foyer/common areas of the building advising tenants/occupiers that they are in a building which does not qualify for on-street resident parking permits.

 

 

GENERAL ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and requirements.  This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.

 

A1        The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $6,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2        In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:

 

      A Construction Certificate has been obtained from an Accredited Certifier or Council,

      An Accredited Certifier or Council has been appointed as the Principal Certifying Authority for the development,

      Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3        Council can issue your Construction Certificate and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent and relevant building regulations. For further details contact Council on 9093 6944.

 

A4        This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A5        Any proposed amendments to the design and construction of the building may require a new development application or a section 4.55 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A6        A Local Approval application must be submitted to and be approved by Council prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

      Install or erect any site fencing, hoardings or site structures

      Operate a crane or hoist goods or materials over a footpath or road

      Placement of a waste skip or any other container or article.

 

For further information please contact Council on 9093 6971.

 

A7        Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place.

 

A8        This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A9        External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to any adjoining land.

 

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

 

A10      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A11      The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for any proposed cooling towers and external plant and equipment, if not included in this consent.

 

A12      An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

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

 

A13      There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

A14      Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

      before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

      before 7.00am or after 10.00pm on any other day.

 

 

Attachment/s:

 

1.

Original report - 928-930 ANZAC PARADE, MAROUBRA - DA/806/2017

 

 

 

 


Original report - 928-930 ANZAC PARADE, MAROUBRA - DA/806/2017

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Randwick Local Planning Panel            10 December 2018

 

RCC LOGO_Stacked_COLOUR_RGB

Development Application Report No. D99/18

 

Subject:                      146 Carrington Road, Randwick (DA/106/2018) (Deferred)

Folder No:                      DA/106/2018

 

Author:                          Louis Coorey, Senior Environmental Planning Officer

 

Proposal:                       Demolition of existing structures, construction of 3 storey residential flat building containing 5 dwellings, basement car parking for 8 vehicles, landscaping and associated works

Ward:                             North Ward

Applicant:                      Ms S T Savidis

Owner:                           Mr C Elmat

Summary

Recommendation:          Approval

 

 

 

 

Subject Site

 

 

 

Submissions received for original application.

 

Ù

North

Locality Plan


 

Introduction

 

The subject application was considered at the Randwick Local Planning Panel (RLPP) meeting on 11 October 2018. At the meeting, it was resolved that the application be deferred to enable the applicant to address the following:

 

1.       Comply with the RLEP FSR control

2.       Comply with the RLEP Building height control of 9.5m

3.       Reduce the size of the level 2 balconies in accordance with recommended conditions 2a, b and c

4.       Relocate the air conditioning plant and equipment to the basement level.

 

The panel expects that these changes will also have the effect of reducing the extent of the DCP wall height non-compliance.”

 

Submission:

 

The neighbouring property at No. 148 Carrington Road requested to review the amended plans. At the request of this neighbour a meeting was held at Council to discuss the neighbour’s concerns with several aspects of the proposed development and its impact. The neighbouring property owner of 144 Carrington Road was also in attendance raised concerns. The following issues raised are commented on as follows:

 

    144 Carrington Road

    148 Carrington Road

 

Issue

Comment

Impact on views to Coogee Bay from first floor bedroom window across the side of the subject site.

It is considered that unreasonable to require this view to be retained pursuant to the View sharing planning principle in Wehbe vs Pittwater Council:

 

    This is bedroom and not a living room

    The view is a diagonal view across a site boundary

    The view is across a part of the development that has a height of 8.2m which is fully compliant with the Randwick LEP maximum height

The external wall height of 8m has not been addressed

See key issues discussion in point 2 below.

The revised FSR is also a further fiddling of figures in that they don’t include the service areas at each level. The lift at the top level should be included in the GFA as it is used exclusively by the top level. Therefore the proposed FSR is again is non-compliant

The GFA is considered to be calculated accurately having regard to the definition of Gross Floor Area (GFA) under the Randwick LEP. The definition for GFA excludes service areas. The Lift remains common to the building and is therefore remains a common area of vertical circulation.

The DA has not addressed our concerns about solar access

See key issues discussion in point 2 below.

We do not accept the panels view regarding context

It is acknowledged that there may well be a dominance of low density dwellings along Carrington Road the subject site and surrounding area is zoned for medium density residential development and it is considered that the proposed medium density residential development will be consistent with the desired nature and scale of development in the area. The amended development complies with the RLEP standards and the majority of particular development controls in Part C2 of the Randwick DCP which sets out building design criteria for medium density residential development in the LGA.

The rear yard of No. 148 Carrington Road will be overshadowed by the proposed developments non-compliant wall heights.

The rear yard of No. 148 Carrington Road is substantially overshadowed by their own elevated pool area which is approximately 2m higher than the rear yard. There is no appreciable difference in overshadowing to the rear yard area when comparing the difference between an 8m wall height and a 9.26m wall height along this side boundary. In particular, at 10am

 

 

Key issues

 

The applicant submitted amended plans and revised shadow diagrams on 6 November 2018 in response to Panel’s resolution. In summary, the following amendments have been made:

 

1.       Floor Space Ratio (FSR): Reduction of the gross floor area on ground floor level by 1.1sqm, Level 1 by 1.1m² and Level 2 by 3.5m², results in a compliant FSR of 0.75:1 (390.2m²). The revised GFA on ground and level 1 has been archived by excluding the vertical service ducts in the kitchen and bathrooms from the GFA calculation. On level 2 (unit 5) the reduction in GFA was archived by increasing the south east setback from 2m to 2.83m for the living room portion of unit 5. The size and layout of the level 2 dwelling remains compliant with the ADG design criteria. The Clause 4.6 exception is no longer required.

 

2.       Height of Building: The plans have been amended to comply with the RLEP Building Height Control of 9.5m at the southern façade of the development interpolated from the northern and southern side boundaries. The overall building height is reduced by 430mm resulting in a compliant building height of no more than 9.5m projected from the interpolated RL’s shown on the survey at the southern facade demonstrating full compliance with the RLEP Building Height standard as depicted in the following image. The proposal has been lowered to be closer to the natural ground line at the boundary on the neighbouring side at No. 148 Carrington Road. The maximum height from the top of the parapet (RL57.35) along the southern façade of the building is 9.25m at the front (RL48.10) and 9m at the rear (RL57.35-RL48.35). A Clause 4.6 exception is no longer required.

 

Figire1: Axonometric image showing height of building is compliant with the RLEP standard.

 

External wall height: The external wall height is measured to the top of the parapet. Along the southern facade the parapet is at RL57.35 representing a wall height of between 9m at the rear and 9.25m at the front. Whilst continuing to exceed the maximum 8m wall height control it results in less overshadowing than the original proposal. The southern side setback at the front part of level 2 has increased from 2m to 2.83m further reducing overshadowing on No. 148 Carrington Road. The applicant has submitted shadow diagrams (shown further below) demonstrating compliance with the solar access to neighbouring properties controls in Objective 3B-2 of the Apartment Design Guide.  The proposal also complies with the Randwick DCP control requiring 3 hours of solar access to neighbours living rooms in low density residential environments.

 

Figure 2: Southern elevation showing the proposed ground level is closer to the natural ground level of the neighbouring property to the south at No. 148 Carrington Road.

 

Solar access to neighbouring properties:

 

The ADG requires during mid-winter between 9am and 3pm minimum levels of solar access to the following parts of neighbouring properties:

 

1.   4 hours to solar collectors roof planes

2.   2 hours to Private open space (rear yard)

3.   2 hours to living room windows. Note: part C1 of the Randwick DCP for low density residential development requires 3 hours to living room windows.

 

1.       4 hours to solar collectors roof planes

 

The mid-winter shadow diagrams below show at every hour between 10am and 3pm the existing and proposed overshadowing on the neighbouring property at No. 148 Carrington Road. The diagrams show the roof of No. 148 Carrington Road will receive four hours of solar access and therefore comply with the minimum solar access to neighbouring properties under the ADG. Further below, elevation shadow diagrams show at least 3 hours of solar access is retained to the living room windows of No. 148 Carrington Road providing greater levels of solar access than that required under the ADG.

 

2.       2 hours to Private open space (rear yard)

 

In relation to the southern neighbour’s rear yard, the concerns raised by the neighbour are that the non-compliant wall height along the southern façade result in excessive overshadowing of their rear yard area. They also raise the concern that the shadow diagrams have not taken into consideration the shadows caused by the pool area which is elevated some 2m above their rear yard. An analysis of solar access to the rear yard of No. 148 Carrington Road reveals that at 9am their rear yard is overshadowed by the pool level and the overshadowing caused by the building extends beyond the site boundaries of No. 148 Carrington Road. At 10am, the shadows continue to extend beyond the site boundaries of No. 148 Carrington Road by both an 8m and 9m wall height. At 11am, there is only a negligible difference in shadowing between an 8m wall and 9m wall height, limited to a 12cm deep area adjacent to the south western corner of their building.

 

Shadow diagrams in plan showing levels of solar access on the rear yard and roof of No. 148 Carrington Road.

 

 

 

 

 

3.         2 hours to living room windows. Note: part C1 of the Randwick DCP for low density residential development requires 3 hours to living room windows.

 

Elevation shadow diagrams below show the rear living room openings of No. 148 Carrington Road receive at least three hours of solar access in mid-winter between 12noon to 4pm.

 

 

 

 

 

3.       Level 2 balconies: The size of level 2 balconies have been reduced in depth to reduce scale of the upper level at the front and rear as well as ameliorating potential privacy impacts on neighbouring properties. The amendments made to these balconies align with previously recommended conditions 2a, and b in the original recommendation. Therefore, conditions 2a and b in the original recommendation are no longer required and omitted from the recommendation section of this report.

 

Figure 3: Level 2 plan showing the increased setback of the living room to 2.83m and reduction in depth and size of the front and rear terraces.

 

4.       Air Conditioning units: The air conditioning plant and equipment have been relocated from the southern side passageway to the basement level behind the lift core.


 

 

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 applicant has provided the amended plans in response to the Panel’s resolution and the application is recommended for approval subject to conditions listed below.

 

 

 

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. 106/2018 for demolition of existing structures, construction of 3 storey residential flat building containing 5 dwellings, basement car parking for 8 vehicles, landscaping and associated works, at No. 146 Carrington Road, Randwick, subject to the development consent conditions attached to this report.

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

A003 Issue F

Katris Architects

06/11/2018

A005 Issue F

A007 Issue F

A008 Issue F

A009 Issue F

A010 Issue F

 

BASIX Certificate No.

Dated

Received by Council

885996M_02

22 November 2018

22/02/2018

 

Amendment of Plans & Documentation

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

 

a)         Privacy screens shall be provided to the northern and southern sides of the front and rear terraces and balconies on Level 2 with all privacy screening to be constructed with either:

 

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

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape. Where possible existing sandstone shall be reused.

 

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

 

Section 7.12 Development Contributions

5.         In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $2,562,588.00 the following applicable monetary levy must be paid to Council: $25,625.90.

 

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment. Please contact Council on telephone 9093 6999 or 1300 722 542 for the indexed contribution amount prior to payment.

 

To calculate the indexed levy, the following formula must be used:

 

IDC = ODC x CP2/CP1

 

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

CP2 = the Consumer Price Index, All Groups, Sydney, as published by the ABS in  respect of the quarter ending immediately prior to the date of payment

CP1 = the Consumer Price Index, All Groups, Sydney as published by the ABS in respect of the quarter ending immediately prior to the date of imposition of the condition requiring payment of the levy.

 

Council’s Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

Compliance Fee

6.         A development compliance and enforcement fee of $2562.60 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.

 

Long Service Levy Payments

7.         The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 6.8 of the Environmental Planning & Assessment Act 1979.

 

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

 

Security Deposit

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

 

        $5000.00  -    Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Electricity Substation

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

 

Sydney Water

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

                           

The approved plans must be submitted to the Sydney Water Tap in™ online service, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

The Tap in™ service provides 24/7 access to a range of services, including:

 

    Building plan approvals

    Connection and disconnection approvals

    Diagrams

    Trade waste approvals

    Pressure information

    Water meter installations

    Pressure boosting and pump approvals

    Change to an existing service or asset, e.g. relocating or moving an asset.

 

Sydney Water’s Tap in™ in online service is available at:

https://www.sydneywater.com.au/tapin

 

The Principal Certifying Authority must ensure that the developer/owner has submitted the approved plans to Sydney Water Tap in online service.

 

Street Tree Protection Measures

11.        In order to ensure retention of the Glochidion ferdinandii (Cheese Tree) located on Council’s Carrington Road verge, just past the northern site boundary in good health, the following measures are to be undertaken:

 

a.         All documentation submitted for the Construction Certificate application must show its retention, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all plans in relation to the proposed works.

 

b.         Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property can only be located along either side of the new vehicle crossing, so as to minimise root damage and future maintenance issues.

 

c.         This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1.5 metres to its north and south (measured off the outside edge of its trunk at ground level), matching up with the back of the kerb to its east, and pedestrian footpath to its west, in order to completely enclose this tree for the duration of works.

 

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

 

e.         Other than the approved works, the applicant is not authorised to perform any other works to this public tree, and must contact Council’s Landscape Development Officer on 9093-6613 should pruning or similar works appear necessary. If approval is given, it can only be performed by Council, wholly at the applicants cost, with payment to be received prior to the issue of an Occupation Certificate.

 

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

 

g.         Where roots are encountered which are in direct conflict with the approved works, they may be cut cleanly by hand (using only hand held tools, not machinery), with the affected area to be backfilled with clean site soil as soon as practically possible.

 

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

 

i.          A refundable deposit in the form of cash, credit card or cheque for an amount of $1,000.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the/se tree/s.

 

The refundable deposit will be eligible for refund following the issue of an Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9093-6613).

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of an Occupation Certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

12.        In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

 

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

 

BASIX Requirements

14.        In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

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

 

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

 

Site stability, Excavation and Construction work

15.        A report must be obtained from a suitably qualified and experienced professional engineer, which includes the following details, to the satisfaction of the Certifying Authority for the development:-

 

a)       Geotechnical details which confirm the suitability and stability of the site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)       Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)       Details to demonstrate that the proposed methods of excavation, support and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)       The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)       Written approval must be obtained from the owners of the adjoining land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

Traffic conditions

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

 

Design Alignment levels

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

 

·           Match the back of the existing Council footpath along the full site frontage.

 

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

 

18.        The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $644.00 calculated at $53.00 per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage

19.        Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be prepared by a suitably qualified Hydraulic Engineer, submitted to, and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)         A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)         A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)         The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

d)         Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

e)         Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

f)          The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

20.        The site stormwater drainage system is to be provided in accordance with the following requirements;

 

a)       The stormwater drainage system must be provided in accordance with the relevant requirements of Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)       The stormwater must be discharged (by gravity) either:

 

i.      Directly to the kerb and gutter in front of the subject site in Carrington Road; 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),

 

NOTES:

    Infiltration will not be appropriate if the site is subject to rock and/or a water table within 2 metres of the base of the proposed infiltration area, or the ground conditions comprise low permeability soils such as clay.

 

    If the owner/applicant is able to demonstrate to Council that he/she has been unable to procure a private drainage easement through adjoining premises and the ground conditions preclude the use of an infiltration system, a pump-out system may be permitted to drain the portion of the site that cannot be discharged by gravity to Council’s street drainage system in front of the property.

 

Pump-out systems must be designed by a suitably qualified and experienced hydraulic consultant/engineer in accordance with the conditions of this consent and Council's Private Stormwater Code.

 

c)   Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 20% AEP (1 in 5 year) storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 5% AEP (1 in 20 year) storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority. If discharging to the street gutter the PSD shall be restricted to the above or 25 L/S, whichever the lesser.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an annual exceedance probability (AEP) of 1% (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1% AEP (1 in 100 year) storm.

 

d)   Should stormwater be discharged to an infiltration system the following requirements must be met;

 

i.            Infiltration systems/Absorption Trenches must be designed and constructed generally in accordance with Randwick City Council's Private Stormwater Code.

 

ii.           The infiltration area shall be sized for all storm events up to the 5% AEP (1 in 20 year) storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

              Should no formal overland escape route be provided for storms greater than the 5% AEP (1 in 20yr) design storm, the infiltration system shall be sized for the 1% AEP (1 in 100yr) storm event.

 

iii.          Infiltration areas must be a minimum of 3.0 metres from any structure (Note: this setback requirement may not be necessary if a structural engineer or other suitably qualified person certifies that the infiltration area will not adversely affect the structure)

 

iv.          Infiltration areas must be a minimum of 2.1 metres from any site boundary unless the boundary is common to Council land (eg. a road, laneway or reserve).

 

e)       Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

f)        Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1% AEP (1 in 100 year), 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Private Stormwater Code.

 

g)       Should a charged system be required to drain any portion of the site, the charged system must be designed such that;

 

i.    There are suitable clear-outs/inspection points at pipe bends and junctions.

 

ii.   The maximum depth of the charged line does not exceed 1m below the gutter outlet.

 

h)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to the proposed drainage (detention/infiltration) system.

 

i)        A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

      The pit being constructed from cast in-situ concrete, precast concrete or double brick.

      A minimum of 4 x 90 mm diameter weep holes (or equivalent) located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

      A galvanised heavy-duty screen being provided over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

      The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

      A child proof and corrosion resistant fastening system being provided for the access grate (e.g. spring loaded j-bolts or similar).

      Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

j)        The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

k)       The maximum depth of ponding in any above ground detention areas and/or infiltration systems with above ground storage shall be as follows (as applicable):

i.      150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

ii.     300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

iii.     600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10

iv.    1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

v.     Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

l)        A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

m)      A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

n)       Mulch or bark is not to be used in on-site detention areas.

 

o)       Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line and must not encroach across a neighbouring property’s frontage unless approved in writing by Council’s Development Engineering Coordinator.

 

p)       Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

Site seepage

21.        If any dry weather site seepage is encountered during excavation and construction, the development must comply with the following requirements to ensure the adequate management of site seepage and sub-soil drainage:

 

a)     Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to  Council’s street gutter or underground drainage system

 

b)     Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure the basement will not dam or slow the movement of the ground water through the development site).

 

c)     The walls of the basement level of the building are to be suitably waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

d)     Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.

                   

e)     Details of the proposed stormwater drainage system including any methods of tanking the basement levels and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate. A copy of the proposed method for tanking the basement levels must be forwarded to Council if Council is not the Certifying Authority.

 

Waste Management

22.        A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development must be developed and implemented for the site.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·         The use of the premises and the number and size of occupancies.

·         The type and quantity of waste to be generated by the development.

·         Demolition and construction waste, including materials to be re-used or recycled.

·         Details of the proposed recycling and waste disposal contractors.

·         Waste storage facilities and equipment.

·         Access and traffic arrangements.

·         The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

         

23.        The garbage room shall be sized to contain a minimum of 9 x 240 litre bins (comprising 3 garbage bins, 3recycle bins and at least 3 green waste bins) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

            Landscape Plans

24.       The Certifying Authority/PCA must ensure that the Landscape Plans submitted as part of the approved Construction Certificate are substantially consistent with the Landscape Plans by Site Design + Studios, dwg’s L-01 04, issue C, dated 05/02/18.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

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

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

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

 

d)       the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)       at least two days’ notice must be given to the Council, in writing, prior to commencing any works.

 

Home Building Act 1989

26.        In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the relevant requirements of the Home Building Act 1989 must be complied with.

 

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

 

 

 

Dilapidation Reports

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

 

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

 

Construction Site Management Plan

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

 

          location and construction of protective site fencing / hoardings;

          location of site storage areas/sheds/equipment;

          location of building materials for construction;

          provisions for public safety;

          dust control measures;

          details of proposed sediment and erosion control measures;

          site access location and construction

          details of methods of disposal of demolition materials;

          protective measures for tree preservation;

          location and size of waste containers/bulk bins;

          provisions for temporary stormwater drainage;

          construction noise and vibration management;

          construction traffic management details;

          provisions for temporary sanitary facilities.

 

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

 

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

 

Demolition Work Plan

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

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Construction Noise & Vibration Management Plan

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

 

a)       Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents. 

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

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

 

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

 

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

 

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

 

Public Liability

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

 

Construction Traffic Management

32.        An application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in Carrington Road for the duration of the demolition & construction works. 

 

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

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site.  The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

 

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

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·         A description of the demolition, excavation and construction works

·         A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·         Any proposed road and/or footpath closures

·         Proposed site access locations for personnel, deliveries and materials

·         Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·         Provision for loading and unloading of goods and materials

·         Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·         Proposed hours of construction related activities and vehicular movements to and from the site

·         Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Maritime Services, Police and State Transit Authority)

·         Any activities proposed to be located or impact upon Council’s road, footways or any public place

·         Measures to maintain public safety and convenience

 

The approved Construction Site Traffic Management Plan must be complied with at all times, and any proposed amendments to the approved Construction Site Traffic Management Plan must be submitted to and be approved by Council in writing, prior to the implementation of any variations to the Plan.

 

34.        Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, Transport, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

          Public Utilities

35.        A public utility impact assessment must be carried out on all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.  The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.

 

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

 

Landscape Plans

37.        The Landscape Plans by Site Design + Studios, dwg’s L-01 04, issue C, dated 05/02/18, must be amended to now be consistent with the rev E architectural plans by Katris Archcitects Pty Ltd, dated 02/07/18, with these revised Landscape Plans needing to be submitted to, and be approved by, the Certifying Authority/PCA, and at minimum, must address the following:

 

a.         The amended treatment that will now be provided on podium at the front of the site, given that the access stairs have now been relocated from the southern boundary to the opposite/northern side of the site;

 

b.         Confirmation that sufficient soil depth will be provided for all tree and feature planting on podium, to sustain them for their full life term, with construction details to be provided;

 

c.         The two small feature trees (“Banksia integrifolia or similar”) that are shown for the 2nd Floor, being one each at both the southeast and southwest corners of the building, must be replaced with a smaller alternative that is more suitable for the soil volume that will be available, and must be only those species that will not obscure water/district views that are currently enjoyed by neighbouring residents to the north and west.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

38.        Building works are required to be inspected by the Principal Certifying Authority, in accordance with section 6.5 of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

Building & Demolition Work Requirements

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

 

•      Work Health and Safety Act 2011;

•      Work Health and Safety Regulation 2011;

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

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

•      The Protection of the Environment Operations Act 1997;

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

 

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

 

Removal of Asbestos Materials

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

 

          Occupational Health & Safety legislation and WorkCover NSW requirements

 

          Randwick City Council’s Asbestos Policy

 

          A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

          On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

          Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

          A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos assessor or other competent person), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

42.        In accordance with section 4.17 (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

Sediment & Erosion Control

43.        Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom.

 

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

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·         Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Notes:

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

 

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

 

Public Safety & Site Management

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

 

a)       Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

b)       The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

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

 

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

 

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

 

e)       Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

f)        Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

Site Signage

47.        A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

          name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

          name, address and telephone number of the Principal Certifying Authority,

          a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

48.        Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

  Monday to Friday - 7.00am to 5.00pm

  Saturday - 8.00am to 5.00pm

  Sunday & public holidays - No work permitted

Excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

  Monday to Friday - 8.00am to 1.00pm only

  Saturday - No work permitted

  Sunday & public holidays - No work permitted

Additional requirements for all development

  Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

 

 

Survey Requirements

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

 

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

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

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

          as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

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

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

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

 

For further information, please contact Council’s Road / Asset Opening Officer on 9093 691 or 1300 722 542.

            

Traffic Management

52.        Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

53.        All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

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

 

Stormwater Drainage

55.        Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

           

 

 

Tree Removal

56.        Approval is granted for removal of the following vegetation from the rear setback of the subject site so as to accommodate the works as shown, subject to full implementation of any approved landscaping/planting:

 

a.         The Ficus Benjamina (Weeping Fig, T1) along the northern boundary, adjacent the northwest corner of the existing dwelling, due to its poor condition; being regarded as an aggressive, problematic species; and also being in direct conflict with all aspects of the new footprint as shown;

b.         The Syzygium paniculatum (Brush Cherry, T2) immediately to its southwest, which is also in poor condition due to past heavy lopping of major leaders on its eastern aspect, as well as being in direct conflict with all aspects of the works.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

Fire Safety Certificates

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

 

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

 

Structural Certification

59.        A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council with the Occupation Certificate.

 

Sydney Water Certification

60.        A section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator.  For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

 

Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate or Subdivision Certificate, whichever the sooner.

 

BASIX Requirements & Certification

61.        In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that any relevant BASIX commitments and requirements have been satisfied.

 

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

 

Noise Control Requirements & Certification

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

 

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

 

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)       Construct a full width heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site, to Council’s specifications and requirements.

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

 

65.        Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

66.        All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's  "Crossings and Entrances – Contributions Policy” and “Residents’ Requests for Special Verge Crossings Policy” and the following requirements:

 

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

 

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

 

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

 

67.        The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

Sydney Water

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

 

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

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate or Subdivision Certificate, whichever the sooner.

 

Stormwater Drainage

69.        A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

Notes:

a.   The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.   The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

70.        A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

     The location of any detention basin/s with finished surface levels;

     Finished site contours at 0.2 metre intervals;

     Volume of storage available in any detention areas;

     The location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes;

     The orifice size/s (if applicable);

     Details of any infiltration/absorption systems; and

     Details of any pumping systems installed (including wet well volumes).

 

71.        The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

72.        The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement levels and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent. There must be no dry weather seepage/groundwater flows discharging to Council’s street gutter.

 

Landscaping

73.        Prior to issuing any Final Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the amended Landscape Plans by Site Design + Studios, dwg’s L-01 04, issue C, dated 05/02/18, and any relevant conditions of consent.

 

74.        Suitable strategies shall be implemented to ensure that the landscaping is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

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

 

Waste Management

76.        Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises.

 

Street and/or Sub-Address Numbering

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

 

If this application results in an additional lot, dwelling or unit, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and/or unit numbers for the development. The street and/or unit numbers must be allocated prior to the issue of an occupation certificate.

 

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

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

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

 

Use of parking spaces

78.        The car spaces within the development are for the exclusive use of the occupants of the building. The car spaces must not be leased to any person/company that is not an occupant of the building. 

 

Fire Safety Statements

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

 

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

 

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

 

Environmental Amenity

80.        External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Stormwater Detention/Infiltration System

81.        The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

Future Strata Parking allocations

82.        Any future strata subdivision of the subject property must demonstrate compliance with the following requirements in relation to parking allocation & strata lot creation;

 

a)   Each unit (strata lot) must be dedicated a minimum of 1 car space

 

b)   1 car space must be dedicated as common property for ‘visitor parking’ with exclusive use ‘by laws’ in favour of any strata lot not permitted over these car space.

 

c)   Allocated car spaces must form part of the residential strata lot. Separate ‘utility’ lots for the car spaces are not permitted.

 

GENERAL ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and requirements.  This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.

 

A1.       The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $6,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2.       In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:

 

      A Construction Certificate has been obtained from an Accredited Certifier or Council,

      An Accredited Certifier or Council has been appointed as the Principal Certifying Authority for the development,

      Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3.       Council can issue your Construction Certificate and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent and relevant building regulations. For further details contact Council on 9093 6944.

A4.       Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

A5.       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

A6.       Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

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

 

A8.       Any proposed amendments to the design and construction of the building may require a new development application or a section 4.55 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A9.       A Local Approval application must be submitted to and be approved by Council prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:

 

      Install or erect any site fencing, hoardings or site structures

      Operate a crane or hoist goods or materials over a footpath or road

      Placement of a waste skip or any other container or article.

 

For further information please contact Council on 9093 6971.

 

A10.     Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place.

 

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

 

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

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

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

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

 

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

 

A12.     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to any adjoining land.

 

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

 

A13.     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A14.     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

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

 

A15.     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

      before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

      before 7.00am or after 10.00pm on any other day.

 

 

Attachment/s:

 

1.

Original report as PDF 146 CARRINGTON ROAD, COOGEE - DA/106/2018

 

 

 

 


Original report as PDF 146 CARRINGTON ROAD, COOGEE - DA/106/2018

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Randwick Local Planning Panel            10 December 2018

 

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Development Application Report No. D100/18

 

Subject:                      31 Knox Street, Clovelly (DA/270/2018)

Folder No:                      DA/270/2018

 

Author:                          Jonathan Blackmore, Environmental Planning Officer

 

Proposal:                       Alterations and additions to existing dwelling at lower ground and first floor levels, double garage at front, swimming pool to rear, landscaping and associated works (variation to height control).

Ward:                             North Ward

Applicant:                      R Brenac

Owner:                           R Brenac & P Brenac

Summary

Recommendation:          Refusal

 

 

 

 

Subject Site

 

 

 

Submissions received

 

 

 

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North

 

Locality Plan


 

Executive Summary

 

The application is referred to the Randwick Local Planning Panel (RLPP) as the development contravenes the maximum height development standard by more than 10%.

 

The proposal seeks consent to undertake alterations and additions to the existing dwelling at lower ground and first floor levels, a double garage at front, swimming pool to rear, landscaping and associated works.

 

The proposal was notified in accordance with the Randwick Comprehensive Development Control Plan 2013 (RDCP) and four submission were received.

 

The proposal contravenes the building height standard under Clause 4.3 of the Randwick Local Environmental Plan 2012 by 14.74% and a request under Clause 4.6 for exception to a development standard has been submitted by the applicant. The Clause 4.6 request is considered to be unacceptable as the bulk and height of the proposed addition is not consistent with the existing or desired future character of the immediate area and will result in significant adverse impact upon the amenity of the adjoining neighbours in terms of visual bulk and over dominance. 

 

The proposed development is recommended for refusal.

 

Proposal

 

The applicant proposes alterations and additions to the existing dwelling at lower ground and first floor levels, a double garage at front, swimming pool to rear, landscaping and associated works.

 

Site Description and Locality

 

The subject site is located on the eastern side of Knox Street. The subject site slopes steeply down from street level and the existing single dwelling house has a two story appearance from the street but a three story appearance from the rear of the site. The single carport is present within the front north-western corner of the site, while the rear of the site contains areas of paved patios and landscaping. 

 

Figure 1.0. Photograph of the front of the subject site.

 


 

Submissions

 

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

 

26 Knox Street

Issue

Comment

1.  Concerned about privacy in relation to balconies.

2.  Concerned that the large mass of the development will impact the streetscape and neighbours.

 

1.   The front balconies of the property face the objector, but also overlook the street. Front balconies are not an uncommon outcome and will not present significant privacy issues due to the separation distances and their low frequency of use.

2.   The mass of the building will not be significantly visible from the street due to the slope of the site. The mass of the building is considered to be excessive in relation to neighbouring dwellings. See assessment below.

 

33 Knox Street

Issue

Comment

1.  The increased southern wall length will reduce solar access and increase dampness for the objector’s house.

2.  Concerned that no clause 4.6 was submitted.

3.  The proposal will over-dominate the objector and new elements should comply with the side setback control.

4.  The wall height will be higher, despite what the plans infer.

5.  Visual privacy concerns in relation to the rear balconies – plantings and trees cannot be relied upon and will increase overshadowing.

6.   The rear balconies are out of alignment with neighbouring sites and privacy screening will increase overshadowing.

7.   Window 7 will overlook a bedroom window of the objector.

8.   The front balcony reduces the objector’s privacy in relation to their front yard and entrance, makes the front set back out of alignment with neighbouring, and will increase overshadowing. 

1.   Although the increased wall length will not result in significant reductions in direct sunlight for the objector’s windows on 21 June. It is acknowledged that some indirect sunlight will be loss.

2.   A clause 4.6 was submitted with the application.

3.   Generally agreed - the proposed wall heights, lengths are excessive, and setbacks could be increased.

4.   Noted.

5.   If the application was approved, conditions could address these privacy matters, including privacy screening and balcony size reductions. Vegetation may be planted at any time without approval and is not an unexpected outcome within a residential site.

6.   The rear balconies comply with the rear setback control. Privacy screening and size reductions could be used to minimise privacy and overshadowing impacts.

7.   Privacy protection methods could be conditioned.

8.   There is little expectation of privacy within a front yard or entrance area. The front setback remains consistent with neighbouring.  

 

29 Vale Street

Issue

Comment

1.   The existing eastern “brick retaining wall” should be labelled as a “dry stacked brick wall” and is there to stop soil being washed away but has put extra load on the objector’s retaining wall.

2.   Concerned about the existing stormwater runoff situation and believe stormwater should discharge to Vale Street.

3.   New rear retaining should be put further back to reduce the pressure on the objector’s retaining wall.

4.   Concerned that new plantings adjoining the rear boundary will reduce sunlight to the objector’s lounge and kitchen.

1.   Noted – no changes are proposed to the rear retaining wall under this application.

2.   Development engineering have reviewed the situation and recommended conditions to discharge stormwater to Knox Street, where possible.

3.   No new retaining is proposed close to the rear boundary.

4.   Vegetation may be planted at any time without approval and is not an unexpected outcome within a residential site.

 

31 Greville Street

Issue

Comment

1.   The cost of works is underestimated and the description as alterations and additions is incorrect as so little of the house is standing.

2.   The site already overlooks the objector and the additional balcony/deck area will worsen the situation.

3.   The height and wall height non-compliances make the building very overbearing visually and contributes to a loss of privacy.

4.   The development is too bulky, will come too close to the rear and rear balconies will reduce the objector’s visual and aural privacy.

5.   The lack of northern side setback will diminish the amenity of the site to the north, will make the dwelling look like an “ugly” “mini-mansion” adversely impact the streetscape.

6.   The double garage will dominate the streetscape.

7.   The proposal will not meet the RDCP’s minimum deep soil permeable requirement as areas less than 900mm wide have been included. 

1.   The cost of works is not unexpected. The applicant has proposed alterations and additions.

2.   The objector’s site is a significant distance from the proposed rear balconies. The amount and positioning of the balconies is not significantly different from the existing.

3.   Generally agreed, however the visual privacy outcome towards the objector’s site will be comparable.

4.   The proposal is considered to be too bulky but will comply with the rear setback control of the RDCP 2013.

5.   The site to the north has a comparable southern setback to that proposed. And it is therefore not an unexpected outcome.

6.   The double garage is recessed relative to entry and balcony features of the dwelling which integrate it into the dwelling. 

7.   The area of deep soil with a width less than 900mm is 10m2, resulting in a deep soil area of 22.5%, which is considered to comply on merit as the area is comparable to existing and better distributed throughout the site, including the front yard.

 

Key Issues

 

Clause 4.6 – Exceptions to Development Standard

Pursuant to Clauses 4.3 of the RLEP, the maximum height for the site is 9.5m. The proposal contravenes the standard as contained in Clause 4.3 of the RLEP 2012. The proposed variation is summarised in the table below:

 

Standard

9.5m

Proposal

10.9m

Variation

14.74% (1.4m)

 

The applicant has submitted a Clause 4.6 exception request.  This exception has been discussed in the detailed assessment section of this report. In summary, the exception has been considered with respect to the provisions of Clause 4.6 and it is not accepted on the grounds that:

 

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

    Compliance with the development standard is not unreasonable or unnecessary in the circumstances of the case;

    There are not sufficient environmental planning grounds to justify contravening the development standard;

    The proposed development will not be in the public interest because it is not consistent with the objectives of the particular standard and the objectives for the development within the zone;

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

    There will be public benefit of maintaining the development standard.

 

Wall Height – Sub-Section 3.1

The proposal involves wall heights up to 10.9m. The RDCP 2013 sets maximum wall heights for the site at 8m.

 

The proposed non-compliance is inconsistent with the objectives of the RDCP 2013 and will result in significant adverse impacts in terms of the character of the area and neighbours’ amenity. The built form, particularly to the south, will not be well articulated or respond suitably to the slope of the site through the use of an appropriately terraced design. The existing first/second floor features lower wall heights and slopping roofs. The main wall of the southern elevation features no physical articulation, longer wall lengths and heights and limited window openings and will be very visually large and dominating when viewed from the site to the south. 

 

Side Setback – Sub-Section 3.3.2

The proposal involves side setbacks of 36mm (ground floor north), and 835mm (ground floor south) (where 900mm is required by the RDCP 2013). A southern side setback of 900mm is proposed at 2nd floor level (where 1.5m is required by the RDCP 2013).

 

In relation to the northern ground floor level side setback, the proposed garage wall is up to 5.7m in height with 36mm setback from the northern boundary is considered to be excessive and will result in unreasonable impact upon the character of the streetscape. Whilst it is acknowledged that the northern neighbour is partially built to the northern boundary of the subject site but the wall is much lower and less intrusive to the streetscape.

 

In relation to the southern ground floor level setback, this is considered to not be inconsistent with the relevant objectives of the RDCP 2013 and will not result in any significant adverse impacts in term of streetscape amenity of the residential amenity of the southern neighbour. The length of non-compliance is very short and not significantly dissimilar from the existing southern ground floor wall line.

 

In relation to the southern 2nd floor level setback, this is considered to be inconsistent with the relevant objectives of the RDCP 2013 and will have adverse impacts in term the residential amenity of the southern neighbour. The overall wall line is not well physically articulated and the proposal increases both the height and length of the wall line with no mitigation. The wall line at 2nd floor level is to be rebuilt and additional articulation, setback and wall height minimisation could occur.  

 

Building Design – Sub-Section 4.1

The proposal involves a southern unarticulated wall length of 21.7m and a northern unarticulated wall length of 12.25m at 1st/2nd floor level. The RDCP 2013 sets maximum unarticulated wall lengths at 12m.

 

The proposed non-compliance will be inconsistent with the relevant objectives of the RDCP 2013 and will result in significant adverse impacts in terms of streetscape character and residential amenity. The unarticulated lengths are not uncommon within the immediate context, and similar wall lengths are not present on neighbouring dwellings to the north and south. The main wall of the southern elevation features no physical articulation, longer wall lengths and heights and limited window openings and will be very visually large and dominating when viewed from the sites to the south and north.  The wall lines at 1st/2nd floor level are to be rebuilt and additional articulation, setbacks and wall height minimisation could occur.  The lack of articulation will reduce indirect sunlight to the southern neighbour throughout the year.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:  Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application for alterations and additions to existing dwelling at lower ground and first floor levels, double garage at front, swimming pool to rear, landscaping and associated works (variation to height control) be refused for the following reasons:

 

1.       The proposed development is inconsistent with the relevant objectives of the R2 Low Density Residential zone under RLEP 2012 in that the proposed built form will not protect the amenity of the local residents and recognize the desirable element of the existing streetscape and built form along the eastern side of Knox Street.

 

2.       The proposal does not comply with the Clause 4.3 Height standard under Randwick Local Environmental Plan 2012 in that the size and scale of the proposal is incompatible with the existing and desired future character of the locality, which makes the height non-compliance inconsistent with the relevant objectives of the RLEP 2012 and unsupportable. Therefore, the Clause 4.6 variation to the development standard is not well founded.

 

3.       The proposed development fails to satisfy the relevant objectives and development controls of the Randwick Comprehensive Development Control Plan 2013, in relation to the following:

 

Part C1 – Low Density Housing

-    3.2 Building and Wall heights

-    3.3.2 Side Setback

-    4.1 Building Design

 

4.       The proposal is unacceptable pursuant to the provisions of Section 4.15(1) of the Environmental Planning and Assessment Act, 1979 in that the proposal’s non-compliances and inconsistencies with the provisions of adopted environmental planning instruments and the development control plan together with the public submissions received are not in the public interest.

 

 


 

Detailed Assessment

 

1.         Section 4.15 Matters for Consideration

 

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

 

Section 4.15 ‘Matters for Consideration’

Comments

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

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 does not satisfy the objectives and controls of the Randwick Comprehensive DCP 2013. See table below and key issues above.

 

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 inconsistent with the dominant residential character in the locality.

 

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

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

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

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

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

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

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

 

2.         Relevant Environment Planning Instruments

 

2.1        State Environmental Planning Policies (SEPPs)

 

2.1.1     SEPP (Building Sustainability Index: BASIX) 2004

A BASIX certificate has been submitted in accordance with the requirements of the SEPP (Building Sustainability Index: BASIX) 2004

 

2.2        Randwick Local Environmental Plan 2012 (LEP)

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

The proposal is inconsistent with the specific objectives of the zone in that the proposed activity and built form will not enhance the aesthetic character and protect the amenity of the local residents.

 

The following development standards contained in the RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.75:1

0.75:1

Yes

Height of Building (Maximum)

9.5m

10.9m

No (see Clause 4.6 below)

 

Clause 4.6 – Building Height

Pursuant to Clauses 4.3 of the RLEP, the maximum height for the site is 9.5m. The proposal contravenes the standard as contained in Clause 4.2 of the RLEP 2012. The proposed variation is summarised in the table below:

 

Standard

9.5m

Proposal

10.9m

Variation

14.74% or 1.4m

 

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

 

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

 

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

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

 

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

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

 

Further, the consent authority must be satisfied that:

 

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

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

 

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

 

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

 

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

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

 

The objectives of the maximum building height standard are set out in Clause 4.3 of the RLEP as follows:

 

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

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

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

 

In addition, the objectives of Zone R3 are relevant to the proposed development and read as follows:

 

Objectives of Zone R2:

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

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

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

     To protect the amenity of residents.

     To encourage housing affordability.

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

 

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

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

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

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

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

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

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

(f)         to facilitate sustainable population and housing growth,

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

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

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

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

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

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

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

 

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

  

 

Council’s Assessment Officer’s Clause 4.6 Assessment:

In assessing the proposed variation against the objectives of building height standard, the objectives of the Zone R2 and aims of the RLEP, it is considered that the submitted justification does not substantiate that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

 

The proposal is an inappropriate response to the site and its constraints. The height and bulk  of the additions have not been minimised through an appropriate design response including complying setbacks, additional wall line articulation, floor-to-ceiling height minimisation or alternative roof forms. The proposal does not adequately step-down in height in response to the slope of the site, which contributes to the excessiveness of the non-compliance.  The additions results in a building which will have a height which is out of character with the context.

 

It is considered that the proposal is inconsistent with the objectives of the standard - the size and scale of proposal is incompatible with the existing and desired future character of the locality.

The proposal will not comply with the 8m maximum wall height, side setback, or wall line articulation controls of the RDCP 2013.

The proposal will directly result in significant adverse impacts on the adjoining residential properties, particularly the site to the south, in terms of perceived bulk and scale, and a loss of indirect sunlight.

 

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

The applicant’s written request has not successfully demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard. As discussed above, the proposal does not achieve the planning objectives for the locality; the proposed height is a departure from the pattern from the existing and desire future character. The extent of the non-compliance with the height standard results from poor design. Significant adverse impacts in terms of dominance are anticipated.

 

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

 

Based on the above assessment, it is considered that the proposed development is  inconsistent with the objectives of the building height standard and the R2 zone objectives. The relevant objectives for development within the zone in which the development is proposed to be carried out (Zone R2 – Low Density Residential) are:

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

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

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

     To protect the amenity of residents.

     To encourage housing affordability.

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

 

The proposal is inconsistent with the relevant zone objectives in that:

 

    The proposal does not protect the amenity of residents in that the height exceedance will over dominate neighbouring sites, and further reduce indirect sunlight to the southern neighbour.

 

    The proposed height does not reflect the existing or desire future character and the large size of the non-compliance results from poor design.

 

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

 

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

 

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

 

Comments:

Pursuant to the Notification of assumed concurrence of the Secretary under clause 4.6(4) (and the former clause 24(4)) of the Standard Instrument contained in Planning Circular PS 18-003 (dated 21 February 2018) the concurrence of the Secretary of the Department of Planning and Environment under clause 4.6(4)(b) of RLEP 2012 may be assumed to the approval of development consent for a  development that contravenes the development standard for building height in clause 4.3 of the RLEP 2012.

 

Variation from the adherence to the building height standard on this occasion is not considered to be of benefit to the orderly use of the site and there is public benefit in maintaining the development standard in this instance.

 

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

 

3.        Randwick Comprehensive DCP 2013

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

 

The relevant provisions of the DCP are addressed in the tables below. (Note: a number of control provisions that are not related to the proposal have been deliberately omitted.)

 

3.1     Section C1: Low Density Residential

 

DCP Clause

Controls

Proposal

Compliance

 

Classification

Zoning = R2

 

2

Site planning

 

 

2.3

Site Coverage

 

Up to 300 sqm = 60%

301 to 450 sqm = 55%

451 to 600 sqm = 50%

601 sqm or above = 45%

Site = 355.8m2

Proposed = 45%

Complies

2.4

Landscaping and Permeable Surfaces

 

i)      Up to 300 sqm = 20%

ii)      301 to 450 sqm = 25%

iii)     451 to 600 sqm = 30%

iv)     601 sqm or above = 35%

v)     Deep soil minimum width 900mm.

vi)     Maximise permeable surfaces to front

vii)    Retain existing or replace mature native trees

viii)   Minimum 1 canopy tree (8m mature). Smaller (4m mature) If site restrictions apply.

ix)     Locating paved areas, underground services away from root zones.

Proposed = 22.5%

Existing = 25.5%

Complies on merit as comparable to existing (80m2 vs 86m2) and more evenly distributed due in front and to sides of dwelling.

2.5

Private Open Space (POS)

 

Dwelling & Semi-Detached POS

 

 

 

Up to 300 sqm = 5m x 5m

301 to 450 sqm = 6m x 6m

451 to 600 sqm = 7m x 7m

601 sqm or above = 8m x 8m

Proposed = 10m X 9m

Complies

3

Building envelope

3.1

Floor space ratio LEP 2012 = 0.75:1

Proposed FSR = 0.75:1

Complies

3.2

Building height

 

 

 

Maximum overall height LEP 2012 = 9.5m

Proposed = 10.9m

Non-compliant – refer key issues.

 

i)     Maximum external wall height = 7m (Minimum floor to ceiling height = 2.7m)

ii)    Sloping sites = 8m

iii)   Merit assessment if exceeded

Proposed = 10.9m

Non-compliant – refer key issues.

3.3

Setbacks

3.3.1

Front setbacks

i)     Average setbacks of adjoining (if none then no less than 6m) Transition area then merit assessment.

ii)    Corner allotments: Secondary street frontage:

-     900mm for allotments with primary frontage width of less than 7m

-     1500mm for all other sites

iii)   do not locate swimming pools, above-ground rainwater tanks and outbuildings in front

Proposed = consistent with adjoining sites.

Complies

3.3.2

Side setbacks:

Semi-Detached Dwellings:

    Frontage less than 6m = merit

    Frontage b/w 6m and 8m = 900mm for all levels

Dwellings:

    Frontage less than 9m = 900mm

    Frontage b/w 9m and 12m = 900mm (Gnd & 1st floor) 1500mm above

    Frontage over 12m = 1200mm (Gnd & 1st floor), 1800mm above.

Refer to 6.3 and 7.4 for parking facilities and outbuildings

Proposed = 916mm new lower ground floor wall, 

36mm (ground floor north)

835mm (ground floor south).

 

1st floor component of upper floor = 935mm (south) and 970mm (north).

 

2nd floor component of upper floor = 1.15m (south) and 1.5m (north)

Non-compliant – refer key issues.

3.3.3

Rear setbacks

i)     Minimum 25% of allotment depth or 8m, whichever lesser. Note: control does not apply to corner allotments.

ii)    Provide greater than aforementioned or demonstrate not required, having regard to:

-     Existing predominant rear setback line - reasonable view sharing (public and private)

-     protect the privacy and solar access

iii)   Garages, carports, outbuildings, swimming or spa pools, above-ground water tanks, and unroofed decks and terraces attached to the dwelling may encroach upon the required rear setback, in so far as they comply with other relevant provisions.

iv)   For irregularly shaped lots = merit assessment on basis of:-

-     Compatibility

-     POS dimensions comply

-     minimise solar access, privacy and view sharing impacts

Refer to 6.3  and 7.4 for parking facilities and  outbuildings

Proposed = 10.5m

Complies

4

Building design

4.1

General

 

Respond specifically to the site characteristics and the surrounding natural and built context  -

  articulated to enhance streetscape

  stepping building on sloping site,

  no side elevation greater than 12m

  encourage innovative design

Southern wall length increased from 19.3m to 21.7m.

 

Max. unarticulated northern wall length of 12.2m

Non-compliant – refer key issues.

4.4

Roof Design and Features

 

 

 

Rooftop terraces

i)     on stepped buildings only (not on uppermost or main roof)

ii)    above garages on sloping sites (where garage is on low side)

Dormers

iii)   Dormer windows don’t dominate

iv)   Maximum 1500mm height, top is below roof ridge; 500mm setback from side of roof, face behind side elevation, above gutter of roof.

v)    Multiple dormers consistent

vi)   Suitable for existing

Celestial windows and skylights

vii)  Sympathetic to design of dwelling

Mechanical equipment

viii) Contained within roof form and not visible from street and surrounding properties.

No such features proposed.

 N/A

4.5

Colours, Materials and Finishes

 

i)     Schedule of materials and finishes

ii)    Finishing is durable and non-reflective.

iii)   Minimise expanses of rendered masonry at street frontages (except due to heritage consideration)

iv)   Articulate and create visual interest by using combination of materials and finishes.

v)    Suitable for the local climate to withstand natural weathering, ageing and deterioration.

vi)   recycle and re-use sandstone

(See also section 8.3 foreshore area.)

Limited details provided. Could be conditioned.

Could be conditioned for compliance.

4.6

Earthworks

 

i)     Excavation and backfilling limited to 1m, unless gradient too steep

ii)    minimum 900mm side and rear setback

iii)   Step retaining walls.

iv)   If site conditions require setbacks < 900mm, retaining walls must be stepped with each stepping not exceeding a maximum height of 2200mm.

v)    sloping sites down to street level must minimise blank retaining walls (use combination of materials, and landscaping)

vi)   cut and fill for POS is terraced

where site has significant slope:

vii)  adopt a split-level design

viii) Minimise height and extent of any exposed under-croft areas.

No significant excavations or retaining within building platform

Complies

5

Amenity

5.1

Solar access and overshadowing

 

Solar access to proposed development:

 

 

 

i)     Portion of north-facing living room windows must receive a minimum of 3 hrs direct sunlight between 8am and 4pm on 21 June

ii)    POS (passive recreational activities) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June.

Suitable solar access to living room windows and POS of site.

Complies.

 

Solar access to neighbouring development:

 

 

 

i)     Portion of the north-facing living room windows must receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June.

iv)   POS (passive recreational activities) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June.

v)    solar panels on neighbouring dwellings, which are situated not less than 6m above ground level (existing), must retain a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. If no panels, direct sunlight must be retained to the northern, eastern and/or western roof planes (not <6m above ground) of neighbouring dwellings.

vi)   Variations may be acceptable subject to a merits assessment with regard to:

    Degree of meeting the FSR, height, setbacks and site coverage controls.

    Orientation of the subject and adjoining allotments and subdivision pattern of the urban block.

    Topography of the subject and adjoining allotments.

    Location and level of the windows in question.

    Shadows cast by existing buildings on the neighbouring allotments.

The existing dwelling already results in a non-compliance with the direct sunlight access controls in relation to the north facing living room window of the site to the south. The proposal will not increase the area of overshadowing in relation to living room windows on 21 June.

 

A significant portion of the POS of the site to the south will retain sufficient direct sunlight on 21 June.

 

 

Non-compliance not worsened/complies

5.2

Energy Efficiency and Natural Ventilation

 

i)     Provide day light to internalised areas within the dwelling (for example, hallway, stairwell, walk-in-wardrobe and the like) and any poorly lit habitable rooms via measures such as:

    Skylights (ventilated)

    Clerestory windows

    Fanlights above doorways

    Highlight windows in internal partition walls

ii)    Where possible, provide natural lighting and ventilation to any internalised toilets, bathrooms and laundries

iii)   living rooms contain windows and doors opening to outdoor areas

Note: The sole reliance on skylight or clerestory window for natural lighting and ventilation is not acceptable

Adequate amount and positioning of windows and openings for daylight to the interior.

Complies

5.3

Visual Privacy

 

Windows

 

 

 

i)     proposed habitable room windows must be located to minimise any direct viewing of existing habitable room windows in adjacent dwellings by one or more of the following measures:

-     windows are offset or staggered

-     minimum 1600mm window sills

-     Install fixed and translucent glazing up to 1600mm minimum.

-     Install fixed privacy screens to windows.

-     Creating a recessed courtyard (minimum 3m x 2m).

ii)    orientate living and dining windows away from adjacent dwellings (that is orient to front or rear or side courtyard)

Could be conditioned to preserve privacy.

Could be conditioned

 

Balcony

 

 

 

iii)   Upper floor balconies to street or rear yard of the site (wrap around balcony to have a narrow width at side)

iv)   minimise overlooking of POS via privacy screens (fixed, minimum of 1600mm high and achieve  minimum of 70% opaqueness (glass, timber or metal slats and louvers)

v)    Supplementary privacy devices:  Screen planting and planter boxes (Not sole privacy protection measure)

vi)   For sloping sites, step down any ground floor terraces and avoid large areas of elevated outdoor recreation space.

Privacy could be conditioned in relation to raised rear balconies and decks.

Could be conditioned for compliance.

5.4

Acoustic Privacy

 

i)     Noise sources not located adjacent to adjoining dwellings bedroom windows.

Achieved.

 Complies

5.5

Safety and Security

 

i)     Dwelling’s main entry on front elevation (unless narrow site)

ii)    Street numbering at front near entry.

iii)   1 habitable room window (glazed area min 2 square metres) overlooking the street or a public place.

iv)   Front fences, parking facilities and landscaping does not to obstruct casual surveillance (maintain safe access)

Front entry and adequate frontage windows and openings for casual surveillance of street.

Complies

5.6

View Sharing

 

i)     Reasonably maintain existing view corridors or vistas from the neighbouring dwellings, streets and public open space areas.

ii)    retaining existing views from the living areas are a priority over low use rooms

iii)   retaining views for the public domain takes priority over views for the private properties

iv)   fence design and plant selection must minimise obstruction of views

v)    Adopt a balanced approach to privacy protection and view sharing

vi)   Demonstrate any steps or measures adopted to mitigate potential view loss impacts in the DA.

(certified height poles used)

No view corridors have been identified as being impeded.

N/A

6

Car Parking and Access

6.1

Location of Parking Facilities:

 

 

 

i)     Maximum 1 vehicular access

ii)    Locate off rear lanes, or secondary street frontages where available.

iii)   Locate behind front façade, within the dwelling or positioned to the side of the dwelling.

Note: See 6.2 for circumstances when parking facilities forward of the front façade alignment may be considered.

iv)   Single width garage/carport if frontage <12m;

Double width if:

-     Frontage >12m,

-     Consistent with pattern in the street;

-     Landscaping provided in the front yard.

v)    Minimise excavation for basement garages

vi)   Avoid long driveways (impermeable surfaces)

1 access.

 

Garaging integrated into dwelling.

 

 

 

6.4

Driveway Configuration

 

Maximum driveway width:

-     Single driveway – 3m

-     Double driveway – 5m

Must taper driveway width at street boundary and at property boundary

Double of 5.2m reducing to 3m at crossing.

Complies on merit due to tapering and slope of driveway.

6.5

Garage Configuration

 

i)     recessed behind front of dwelling

ii)    The maximum garage width (door and piers or columns):

-     Single garage – 3m

-     Double garage – 6m

iii)   5.4m minimum length of a garage

iv)   2.6m max wall height of detached garages

v)    recess garage door 200mm to 300mm behind walls (articulation)

vi)   600mm max. parapet wall or bulkhead

vii)  minimum clearance 2.2m AS2890.1

Garage integrated within dwelling.

 

Max. garage door width of 5.2m.

 

Significant recess.

 

Clearance achieved.

Complies

7

Fencing and Ancillary Development

7.1

General - Fencing

 

i)     Use durable materials

ii)    sandstone not rendered or painted

iii)   Do not use steel post and chain wire, barbed wire or dangerous materials

iv)   Avoid expansive surfaces of blank rendered masonry to street

Achieved – small amount of rendered masonry. 

Complies

7.2

Front Fencing

 

i)     1200mm max. (Solid portion not exceeding 600mm), except for piers.

      -  1800mm max. provided upper two-thirds partially open (30% min), except for piers.

ii)    light-weight materials used for open design and evenly distributed

iii)   1800mm max solid front fence permitted in the following scenarios:

-     Site faces arterial road

-     Secondary street frontage (corner allotments) and fence is behind the alignment of the primary street façade (tapered down to fence height at front alignment).

Note: Any solid fences must avoid continuous blank walls (using a combination of materials, finishes and details, and/or incorporate landscaping (such as cascading plants))

iv)   150mm allowance (above max fence height) for stepped sites

v)    Natural stone, face bricks and timber are preferred. Cast or wrought iron pickets may be used if compatible

vi)   Avoid roofed entry portal, unless complementary to established fencing pattern in heritage streetscapes.

vii)  Gates must not open over public land.

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

ix)   Splay fence adjacent to the driveway to improve driver and pedestrian sightlines.

Solid front fence up to 1.05m high proposed.

Complies on merit due to limited length of fencing and style/height of existing fencing within this part of Knox Street. 

7.3

Side and Rear Fencing

 

i)     1800mm maximum height (from existing ground level). Sloping sites step fence down (max. 2.2m).

ii)    Fence may exceed max. if  level difference between sites

iii)   Taper down to front fence height once past the front façade alignment.

iv)   Both sides treated and finished.

No new side or rear fencing.

N/A

7.5

Swimming Pools and Spas

 

i)     Locate behind the front building line

ii)    Minimise damage to existing tree root systems on subject and adjoining sites.

iii)   Locate to minimise noise impacts on the adjoining dwellings.

iv)   Pool and coping level related to site topography (max 1m over lower side of site).

v)    Setback coping a minimum of 900mm from the rear and side boundaries.

vi)   Incorporate screen planting (min. 3m mature height unless view corridors affected) between setbacks.

vii)  Position decking to minimise privacy impacts.

 

viii) Pool pump and filter contained in acoustic enclosure and away from the neighbouring dwellings.

Located within rear yard.

 

Generally clear of roots.

 

Pool coping up to 1.1m above ground level – could be conditioned lower.

 

Pool coping 746mm min. side setback – could comply on merit due to existing dwelling alignment and if had lower coping height.  

 

Screen planting not warranted in context.

 

Pool pump and filter could be conditioned for compliance. 

Could be conditioned to comply.

7.6

Air Conditioning Equipment

 

i)     Minimise visibility from street.

ii)    Avoid locating on the street or laneway elevation of buildings.

iii)   Screen roof mounted A/C from view by parapet walls, or within the roof form.

iv)   Locate to minimise noise impacts on bedroom areas of adjoining dwellings.

None proposed.

N/A

7.8

Clothes Drying Facilities

 

i)     Located behind the front alignment and not be prominently visible from the street

Room within rear.

Complies

 

4.         Referral Comments

 

Development Engineering – Paul O’Sullivan

 

Drainage Comments

Development Engineering has included conditions which require site stormwater to be discharged to Knox St, where possible and/ or via a drainage easement or infiltration system in the rear yard.

 

Undergrounding of Power Lines to Site

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.

 

 

Recommendation

 

That the RLPP refuse development consent under Section 4.16 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/270/2018 for alterations and addition to existing dwelling at lower ground and first floor levels, double garage at front, swimming pool to rear, landscaping and associated works (variation to height control)., at No. 31 Knox Street, Clovelly, for the following reasons:

 

1.       The proposed development is inconsistent with the relevant objectives of the R2 Low Density Residential zone under RLEP 2012 in that the proposed built form will not protect the amenity of the local residents and recognize the desirable element of the existing streetscape and built form along the eastern side of Knox Street.

 

2.      The proposal does not comply with the Clause 4.3 Height standard under Randwick Local Environmental Plan 2012 in that the size and scale of the proposal is incompatible with the existing and desired future character of the locality, which makes the height non-compliance inconsistent with the relevant objectives of the RLEP 2012 and unsupportable. Therefore, the Clause 4.6 variation to the development standard is not well founded.

 

3.       The proposed development fails to satisfy the relevant objectives and development controls of the Randwick Comprehensive Development Control Plan 2013, in relation to the following:

 

Part C1 – Low Density Housing

-    3.2 Building and Wall heights

-    3.3.2 Side Setback

-    4.1 Building Design

 

4.       The proposal is unacceptable pursuant to the provisions of Section 4.15(1) of the Environmental Planning and Assessment Act, 1979 in that the proposal’s non-compliances and inconsistencies with the provisions of adopted environmental planning instruments and the development control plan together with the public submissions received are not in the public interest.

 

 

Attachment/s:

 

Nil

 

 


Randwick Local Planning Panel            10 December 2018

 

RCC LOGO_Stacked_COLOUR_RGB

 

Development Application Report No. D101/18

 

Subject:                      11A Denning Street, South Coogee (DA/471/2018)

Folder No:                      DA/471/2018

Author:                          Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                       Demolition of existing dwelling, construction of a new level dwelling with double garage to front, swimming pool to rear, landscaping and associated works.

Ward:                             East Ward

Applicant:                      Aetch Design Pty Ltd

Owner:                           Dr K H Kaiser & Dr M L Kaiser

Summary

Recommendation:          Refusal

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 


 

Executive summary

 

The application is referred to the Randwick Local Planning Panel (RLPP) due to conflict of interest as the applicant is a relative of Council employee.

 

The proposal is for demolition of the existing dwelling, construction of a new level dwelling with double garage to front, swimming pool to rear, landscaping and associated works.

 

The proposal does not comply with the key development standards of RLEP 2012 and the objectives and detailed controls of the RDCP 2013. No written request to vary the development standards has submitted with the application.

 

The excessive southern boundary wall height and the lack of building articulation combined with the dominant garage forward of the dwelling would have an adverse impact on the visual amenity within the immediate streetscape and the adjoining public reserve.

 

The application is therefore recommended for refusal.

 

Proposal

 

This development application (DA) seeks Council’s consent for demolition of the existing dwelling, construction of a new level dwelling with double garage to front, swimming pool to rear, landscaping and associated works.

 

The proposed development is further described as follows:

 

Lower Ground Floor

    Storage/bathroom/kitchen and rumpus room;

    Outdoor deck accessed off the rumpus room;

    Swimming pool adjacent to the rear (eastern) boundary; and

    New soft landscaping within the rear setback area.

 

Ground Floor

    Double garage;

    Pedestrian entry from Denning Street;

    Small portion of landscaping on the left-hand side of the front dwelling entry;

    Courtyard on the northern side of the site with associated soft landscaping; and

    Open plan kitchen/living and dining.

 

First Floor

    Master bedroom with ensuite and WIR;

    Bed 2/bathroom and Bed 3; and

    Two (2) decks/balconies on the northern side of the site accessed off bedrooms.

 

The design of the proposed dwelling has a contemporary architectural appearance and incorporates a gable roof room. The external materials and finishes presented along the elevations include a mixture of face brick, zinc cladding, timber cladding and batten screening, bagged brick painted finish and rendered finish.

 

Site Description and Locality

The subject site is located on the eastern side of Denning Street, between Rainbow and Bloomfield Streets and is commonly known as No. 11A Denning Street, South Coogee. The allotment is legally described as Lot 13 in Section 2 of DP1055.

The site is an irregular shaped allotment with a northern boundary of 35.94m, an eastern boundary of 10.06m, a southern boundary of 32.59m, and a western (front) boundary of 10.63m. The total site area is 345m2. The site has a cross-fall from west to east of approximately 5m. The site currently accommodates an existing detached single dwelling. The site does not benefit from any vehicular access and therefore does not provide any off-street car parking. There are some existing trees currently growing in the rear setback area.

Immediately adjoining the site to the north is No.11 Denning Street, which is a part two part three storey contemporary dwelling. The site adjoins a public reserve to the south, which provides pedestrian access down to Garnet Street/Cairo Street. The remainder of the streetscape is predominately characterised by a mixture of one to three storey single dwellings. The older housing stock typically contains pitched tiled roof forms whereas the newer dwellings incorporate flat roofs. Overall, the prevailing architectural style is varied. 

 

Relevant history

 

    The subject development application was submitted to Council on 07/08/2018.

 

    On 10/08/2018 the application was notified to neighbours in accordance with RDCP 2013 for a period of 14 days. One (1) submission was received.

 

    Following a preliminary review of the application, an email was sent to the Applicant on 11/09/2018 raising the following concerns:

 

-     visual dominance of the development as viewed along the southern elevation and width and level of the proposed driveway/garage and associated non-compliances with Randwick DCP 2013.

 

-     insufficient side setback of the proposed first floor deck adjoining bedroom 3.

 

-     lack of information to enable a proper assessment of the application including gross floor area (GFA) plans, soft landscaping plans and site coverage diagrams.

 

    On 19/10/2018 the Applicant submitted:

 

-     amended plans, including a change in materiality at southern boundary wall where it meets the eastern point of the ground floor from a dark coloured render to a white render clad in timber battens, a reduced driveway width to 5 m and a garage slab lowered by 100 mm; and

 

-     GFA, soft landscape and site coverage diagrams and further justification in relation to the the double garage.

 

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 submission was received as a result of the notification process:

 

    1 Cairo Street, South Coogee

 

Issue

Comment

Out of date photographs within the submitted Statement of Environmental Effects

A site inspection has been undertaken as part of the assessment of the proposal.

 

Scale of walls proposed along the southern side boundary and the rear boundary

This matter has been addressed in the main body of the report.

Risk of physical damage to the Garnet Street embankment

This aspect can be managed by imposition of a condition, if approved.

Proposed stormwater drainage is unsuitable

This aspect can be managed by imposition of a condition, if approved.

The proposal could require the need to work from public land

A suitable permit would be required should the construction works necessitate to the use of public land.

Existing sandstone guttering should be retained

The existing guttering would be partially altered to facilitate access into the proposed double garage. The width of the driveway has been reduced to 5m.

Removal of existing palm tree at the rear of the allotment

Council’s Landscape Officer has advised that the subject tree is not significant.

 

Key Issues

 

Floor space ratio

A maximum floor space (FSR) of 0.75:1 applies to the site under Randwick Local Environmental Plan 2012 (RLEP 2012). The Statement of Environmental of Effects (SEE) submitted with the application states the proposal has a total GFA of 257 m2 equating to an FSR of 0.74:1.

 

The GFA plans requested by Council show that the internal stairs have been excluded from the FSR calculation. The internal stairs have a combined area of 23 m2 (excluding the top stair which has a void above), resulting in a total GFA of 280 m2 and an FSR of 0.81:1. The proposal exceeds the maximum FSR development standard by 21.25 m2 or 8% and no written request under the Clause 4.6 to vary the development standard was submitted with the application.

 

Building height

A maximum building height of 9.5 m applies to the site under RLEP 2012. The SEE submitted with the application and the architectural plans state the proposal has a maximum building height of 9.4 m.

 

The highest point of the proposed dwelling is at the rear elevation where the site drops away to the eastern boundary at RL 78.77. The rear elevation would be setback 8 m from the eastern boundary. The Survey Plan submitted with the application shows the existing ground level between RL 68.59 and 68.19 when measured 8 m from the boundary to the proposed rear elevation. The RL is therefore assumed to be the halfway point at RL 68.40. The height of the ridge shown on the elevation plans is RL 78.77. Therefore the building height at the rear elevation is 10.37 m, which exceeds the maximum 9.5 m building height development standard. No written request under the Clause 4.6 to vary the development standard was submitted with the application.

 

Double garage configuration & design

Part C1 Section 6.1 of RDCP 2013 discourage the provision of double garages on lots that are less than 12m in width. The proposed development does not comply with this requirement because the site width is 10 m and the design incorporates a double width garage.

 

Part C1 Section 6.3 Setbacks of Parking facilities requires the side setback to be consistent with the 900mm setback in Section 3.3 of RDCP 2013.

 

The proposed garage would have a nil setback to northern side boundary and an overall height of up to 3.7 m.

 

The Applicant contends there are other examples of double garages in the locality with nil setbacks to the boundaries.

 

However, the dwellings within the immediate visual catchment to the north integrate the double garage into the overall design and provide a setback to the street and side boundaries to reduce its visual dominance within the streetscape.

 

The proposed garage would dominate the front façade of the dwelling and have an adverse impact on visual amenity within the streetscape and from the adjoining public reserve.

 

The proposed garage has not been recessed behind the front façade, contrary to the provisions within Part C1 Section 6.5 of RDCP 2013.

 

Side setbacks

Part C1 Section 3.3.2 requires a minimum 900 mm side setback to the boundaries at the lower levels.  The proposed nil setback on both side boundaries with wall height up to 5.4 m on southern side boundary and 3.7 m on northern side boundary is a substantial departure from the side setback control and is inconsistent with the built form character of dwellings to the north.

 

Building design - 12m side wall length

A maximum side wall length of 12 m applies to the site under Part C1 Section 4 of RDCP 2013. The proposed southern boundary wall extends for a length of 26 m with a height up to 5.4 m, resulting in a non-compliance with the side wall control.

 

The DCP building design controls in Section 4 contemplate a series of design measures to ensure a new building complements and enhances the streetscape and neighbourhood character, including the stepping down of built form in response to topography, a combination of materials and finishes and the division of side elevations into sections, bays or modules, separated by recesses or side courtyards.

 

Concerns were raised in the public submission in relation to the excessive scale of the southern boundary wall adjoining the public reserve. Council officers raised similar concerns and requested the applicant amend the design to satisfy the building design controls in Section 4 of DCP.

 

The amended plans submitted by the Applicant included a change in materiality at southern boundary wall where it meets the eastern point of the ground floor from a dark coloured render to a white render clad in timber battens. The Applicant contends the lack of articulation at the southern elevation is due to privacy concerns adjoining the public reserve.

 

However, it is not unreasonable to expect a building design that achieves a balance between the privacy needs of the future occupants and a sufficient degree of articulation to break up the mass of the building.

The building mass is not appropriately stepped in response to the gradient of the site and the southern building façade is not sufficiently articulated to reduce the building mass and present a human scale. The proposal therefore does not complement or enhance the existing streetscape and neighbourhood character.

 

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 the existing dwelling, construction of a new level dwelling with double garage to front, swimming pool to rear, landscaping and associated works be refused for the following reasons:

 

    The proposal does not comply with the key development standards of RLEP 2012 and the detailed objectives and controls of the RDCP 2013; and

    The bulky form due to the excessive boundary wall height and lack of articulation and dominant garage forward of the dwelling would have an adverse impact on the visual amenity of the surrounding area.


 

Detailed Assessment

1.         Section 4.15 matters for consideration

 

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

 

Section 4.15 ‘Matters for Consideration’

Comments

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

The site is zoned Residential R2 Low Density under Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent. See table below for compliance with development standards.

 

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

Nil.

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

The proposal does not comply with the building design 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 would not complement or enhance the streetscape as it would be visually dominant within the streetscape and from the adjoining public reserve.

 

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

The site is not suitable for the proposed development as it would result in adverse visual impacts within the streetscape and the adjoining public reserve.

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

 

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

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

The proposal would not contribute to the desired future character of the area and therefore is not in the public interest.

 

2.         Relevant Environment Planning Instruments

 

2.1        State Environmental Planning Policies (SEPPs)

 

2.1.1     SEPP (Building Sustainability Index: BASIX) 2004

A BASIX certificate has been submitted in accordance with the requirements of the SEPP (Building Sustainability Index: BASIX) 2004.

 

2.2        Randwick Local Environmental Plan 2012 (LEP)

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

 

The proposal is inconsistent with the specific objectives of the zone in that the bulky form and massing of the proposed garage and the southern boundary wall would not contribute to the desired future character of the area.

 

The following development standards contained in the RLEP 2012 apply to the proposal:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Floor Space Ratio (Maximum)

0.75:1

0.81:1

No and no Clause 4.6 has been submitted.

 

Height of Building (Maximum)

9.5 metres

10.37 metres

No and no Clause 4.6 has been submitted.

 

Lot Size (Minimum)

 

 

N/A

 

Clause 6.7 – Foreshore scenic protection area

The subject allotment is land identified as “Foreshore scenic protection area” on the Foreshore Scenic Protection Area Map that accompanies RLEP 2012.

 

Clause 6.7(3) states that development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:

 

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

 

Comment: The subject site is located at the western-most part of the foreshore scenic protection area and therefore would have limited visual impact as viewed from the water. The site does however directly adjoin a public reserve to the south. The proposed interface with that reserve is not acceptable for reasons previously identified within this report. The proposal has non-compliant setbacks, boundary wall height, building height and FSR. It is considered that the visual impacts of the development have not been sufficiently minimised.

 

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

 

Comment: The elevated rear yard/pool area with associated fencing is inconsistent with the character of the area and would detract from the scenic quality of the foreshore area.

 

Clause 5.10 – Heritage conservation

The subject site is located in the vicinity of the following local heritage items that are listed in Schedule 5 – environmental heritage within RLEP 2012:

 

    Item I459 – Cairo Street stairs and associated sandstone retaining walls; and

    Item I461 - Garnet Street sandstone retaining wall, embankment and street trees.

 

The proposal would be visually dominant from the adjoining public reserve and therefore does not satisfy clause 5.10 of RLEP 2012.

 

3.        Randwick Comprehensive DCP 2013

 

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

 

The relevant provisions of the DCP are addressed in the tables below. (Note: a number of control provisions that are not related to the proposal have been deliberately omitted.)

 

3.1     Section C1: Low Density Residential

 

DCP Clause

Controls

Proposal

Compliance

2

Site planning

 

 

2.1

Minimum lot size and frontage

 

Minimum lot size (RLEP):

  R2 = 400sqm

  R3 = 325sqm

 

N/A

 

Minimum frontage

 

 

 

i)     Min frontage R2 = 12m

ii)    Min frontage R3 = 9m

iii)   No battle-axe or hatchet in R2 or R3

iv)   Minimum frontage for attached dual occupancy in R2 = 15m

v)    Minimum frontage for detached dual occupancy in R2 = 18m

No change to existing frontage width.

N/A

2.3

Site coverage

 

Up to 300 sqm = 60%

301 to 450 sqm = 55%

451 to 600 sqm = 50%

601 sqm or above = 45%

Site = 345m2

 

 

Allowable = 55% or 189m2

 

Proposed = 53.5% or 185m2

Yes

2.4

Landscaping and permeable surfaces

 

i)      Up to 300 sqm = 20%

ii)      301 to 450 sqm = 25%

iii)     451 to 600 sqm = 30%

iv)     601 sqm or above = 35%

v)     Deep soil minimum width 900mm.

vi)     Maximise permeable surfaces to front

vii)    Retain existing or replace mature native trees

viii)   Minimum 1 canopy tree (8m mature). Smaller (4m mature) If site restrictions apply.

ix)     Locating paved areas, underground services away from root zones.

Site = 345m2

 

Required = 25% or 86m2

 

Proposed = 27.5% or 95m2

 

The submitted landscape plans identify new landscape planting throughout the site, inclusive of 1 new 200Ltr Crepe Myrtle tree.

Yes

2.5

Private open space (POS)

 

Dwelling & Semi-Detached POS

 

 

 

Up to 300 sqm = 5m x 5m

301 to 450 sqm = 6m x 6m

451 to 600 sqm = 7m x 7m

601 sqm or above = 8m x 8m

Site = 345m2

 

Required = 6m x 6m

 

Proposed = 6.5m x 9.5m private open space area provided in the rear yard in between the dwelling and swimming pool. This parcel of private open space is situated at the lower ground level, is directly accessible off a rumpus room, faces east to maximise solar access and has minimal change in grade.

Yes

3

Building envelope

3.1

Floor space ratio LEP 2012 = 0.75:1

Allowable = 0.75:1

Proposed = 0.81:1

No

3.2

Building height

 

 

 

Maximum overall height LEP 2012 = 9.5 m

Allowable = 9.5m

Proposed = 10.37 m

No

 

i)     Maximum external wall height = 7m (Minimum floor to ceiling height = 2.7m)

ii)    Sloping sites = 8m

iii)   Merit assessment if exceeded

Allowable = 8m (for steeply sloping sites)

Proposed = 7.8m

Yes

3.3

Setbacks

3.3.1

Front setbacks

i)     Average setbacks of adjoining (if none then no less than 6m) Transition area then merit assessment.

ii)    Corner allotments: Secondary street frontage:

-     900mm for allotments with primary frontage width of less than 7m

-     1500mm for all other sites

iii)   do not locate swimming pools, above-ground rainwater tanks and outbuildings in front

Garage (Ground Floor)

Nil to approximately 2m.

 

First Floor

2m – 5.6m

 

No

3.3.2

Side setbacks:

Dwellings:

    Frontage less than 9m = 900mm

    Frontage b/w 9m and 12m = 900mm (Gnd & 1st floor) 1500mm above

    Frontage over 12m = 1200mm (Gnd & 1st floor), 1800mm above.

 

Refer to 6.3 and 7.4 for parking facilities and outbuildings

Lower Ground Level

North – Nil setback

South – Nil setback

 

Ground Level

North – Nil to 914mm

South – Nil to 1.2m

 

First Floor Level

North – 900mm (deck) 2.9m (external dwelling wall)

South – 1.5m

 

The proposed lower ground level and ground level setbacks do not comply with the numerical requirements within RDCP for lots with a frontage between 9m and 12m.

No

3.3.3

Rear setbacks

i)     Minimum 25% of allotment depth or 8m, whichever lesser. Note: control does not apply to corner allotments.

ii)    Provide greater than aforementioned or demonstrate not required, having regard to:

-     Existing predominant rear setback line - reasonable view sharing (public and private)

-     protect the privacy and solar access

iii)   Garages, carports, outbuildings, swimming or spa pools, above-ground water tanks, and unroofed decks and terraces attached to the dwelling may encroach upon the required rear setback, in so far as they comply with other relevant provisions.

iv)   For irregularly shaped lots = merit assessment on basis of:-

-     Compatibility

-     POS dimensions comply

-     minimise solar access, privacy and view sharing impacts

 

Refer to 6.3  and 7.4 for parking facilities and  outbuildings

Lower Ground Level

10.9m

 

Ground Level

8.7m

 

First Floor Level

8m

Yes

4

Building design

4.1

General