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 Administrative Centre
30 Frances St
Randwick 2031
Tel: 02 9399 0999
Fax 02 9319 1510
DX 4121 Maroubra Junction
general.manager@randwick.nsw.gov.au
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INCORPORATED
AS A MUNICIPALITY
22 FEBRUARY 1859
PROCLAIMED AS
A CITY JULY 1990
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5th August, 2003
HEALTH, BUILDING AND PLANNING COMMITTEE MEETING
NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY
OF RANDWICK WILL BE HELD IN THE COUNCIL
CHAMBER, TOWN HALL, 90
AVOCA STREET, RANDWICK, ON TUESDAY, 12TH AUGUST, 2003 AT 6.30 P.M.
Committee
Members: His Worship, the Mayor, Cr D. Sullivan, Crs Andrews
(Deputy Chairperson), Backes, Bastic, Daley (Chairperson), Greenwood, Matson,
Matthews, Notley-Smith, Procopiadis, Schick, Seng, Tracey, White, Whitehead.
Quorum: Eight
(8) members.
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NOTE: AT THE
EXTRAORDINARY MEETING HELD ON 5TH SEPTEMBER, 2000, THE COUNCIL
RESOLVED THAT THE HEALTH, BUILDING AND PLANNING COMMITTEE BE CONSTITUTED AS A
COMMITTEE WHOSE MEMBERSHIP CONSISTS OF ALL MEMBERS OF THE COUNCIL AND WITH
FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.
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1 Apologies
2 Minutes
CONFIRMATION OF THE MINUTES OF
THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 8TH JULY, 2003.
3 Addresses to
Committee by the Public
4 Mayoral Minutes
5 Development
Applications
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5.1
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ACTING DIRECTOR PLANNING
& COMMUNITY DEVELOPMENT'S REPORT 57/2003 - SUPPLEMENTARY
REPORT FOR 11 TOWER ST CLOVELLY. (DEFERRED.)
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2
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5.2
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ACTING DIRECTOR PLANNING
& COMMUNITY DEVELOPMENT'S REPORT 58/2003 - 8 - 12 ASCOT
STREET, KENSINGTON.
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66
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5.3
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DEVELOPMENT APPLICATION
REPORT - 12 KEITH ST, CLOVELLY.
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178
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5.4
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DEVELOPMENT APPLICATION
REPORT - 196-204 MAROUBRA ROAD, MAROUBRA.
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188
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5.5
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DEVELOPMENT APPLICATION
REPORT - 33 OBERON STREET, RANDWICK.
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202
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5.6
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DEVELOPMENT APPLICATION
REPORT - 60 MITCHELL STREET, CHIFLEY.
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233
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5.7
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DEVELOPMENT APPLICATION
REPORT 68-76 WENTWORTH STREET, RANDWICK.
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268
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5.8
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DEVELOPMENT APPLICATION
REPORT 31 FISCHER STREET, KINGSFORD.
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361
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5.9
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DEVELOPMENT APPLICATION
REPORT - 14 BYNG STREET, MAROUBRA.
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404
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6 Miscellaneous
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6.1
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ACTING DIRECTOR PLANNING
& COMMUNITY DEVELOPMENT'S REPORT 60/2003 - 379 - 401
CLOVELLY ROAD, CLOVELLY - CLOVELLY HOTEL EXTENSION OF SUNDAY TRADING
HOURS - LICENSING COURT PROCEEDINGS NO. 218797.00
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431
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6.2
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ACTING DIRECTOR PLANNING
& COMMUNITY DEVELOPMENT'S REPORT 59/2003 – 15 BUMBORAH
POINT ROAD, MATRAVILLE. (To be circularised prior to the Meeting.)
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7 General Business
8 Notice of
Rescission Motions
……………………………
GENERAL
MANAGER
Acting Director Planning & Community Development's
Report 57/2003
REPORT
BY: DIRECTOR PLANNING & COMMUNITY
DEVELOPMENT
INTRODUCTION:
At the Ordinary Council meeting held on 22 July, 2003 it was resolved:
that this application be deferred to the next Health,
Building & Planning Committee Meeting so that those Councillors who wish to
realign the front setback of the proposed development can consult with the
Acting Director Planning & Community Development so that certainty is
obtained as to the exact nature of the proposed recommended amendments and the
Director prepare a supplementary report on the assessment of the aesthetics of
the building and the streetscape impact of the proposed Councillor amendments.
ISSUES:
Amendment requiring further setback of the front building
alignment
At the Council meeting of the 22
July 2003 a motion was put forward requiring a condition to be imposed that
would increase the front building alignment to line up with the portico wall on
the existing building line to preserve the view corridor for the residents in
Tower St and the local community. The terms of the proposed amendment to the
development would allow for the building to be pushed back beyond its proposed
rear setback. However, if it was Council’s intention to increase the Tower
Street setback and retain the proposed rear setback, then the internal layout
of the proposed building will need to be re-configured, as the proposed
amendment would necessitate the deletion of the 1st floor ensuite
and a reduction in the dimensions of the ground floor study and first floor
guest room. Further, if it is also Council’s intention to re-distribute the
loss of floor space resulting from the proposed amendments to another area of
the site, then it is necessary for amended plans to be submitted so that any
impact from the imposition of such an amendment would need to be considered and
assessed in relation to the impact on adjoining properties. The applicant has
lodge an appeal with the Land and Environment Court and has indicated to
Council officers that amended plans will not be submitted to amend the front
building alignment and as such, it is not possible to provide advice to Council
of the streetscape implications and aesthetics of any changes to the building’s
design intended by Council’s proposed amendments.
CONCLUSION:
The terms of the proposed amendment to the development
requiring the front setback to be increased lacks finality and certainty and
may result in the development being significantly different to that for which
approval is sought. As such, the application is referred back to Council with
the original recommendation.
RECOMMENDATION:
A. THAT
Council as the responsible authority grant its development consent under
Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as
amended) to Development Application No 118/03 for demolition of the existing
dwelling house and erection new part two part three storey dwelling house
including double garage, children’s play pool, lap pool, storeroom and
gymnasium at 11 Tower Street Coogee subject to the following conditions:-
1. The development must be implemented substantially in
accordance with the plans numbered 02120 DA00b,01c, 02b, 03c, 04b, 05B, 06b,
07b & DAL/01a dated May 2003 and received by Council on 26 May 2003 the
application form and on any supporting information received with the
application, except as may be amended by the following conditions and as may be
shown in red on the attached plans:
The
following conditions are applied to satisfy the provisions of section 79C of
the Environmental Planning and Assessment Act 1979 and to maintain reasonable
levels of environmental amenity:
2. The colours, materials and finishes of the external
surfaces to the building are to be compatible with the adjacent development to
maintain the integrity and amenity of the building and the streetscape.
Details of the
proposed colours, materials and textures (i.e. a schedule and brochure/s or
sample board) are to be submitted to and approved by Council’s Director of
Planning & Environment, in accordance with section 80A (2) of the Environmental
Planning and Assessment Act 1979 prior to commencement of any building
works.
3. The proposed front fence shall have a maximum height of
1200mm to reduce the impact of the tall structure on the streetscape. Amended
fence details shall be submitted as part of the application for construction
certificate.
4. A dilapidation report prepared by a professional
engineer or suitably qualified and experienced building surveyor shall be
submitted to the certifying authority prior to the commencement of
demolition, excavation or building works detailing the current condition
and status of all buildings, including ancillary structures (i.e. including
dwellings, residential flat buildings, commercial/industrial building, garages,
carports, verandah’s, fences, retaining walls, swimming pools and driveways
etc.) located upon:
a) all of the
premises adjoining the subject site.
The report is
to be supported with photographic evidence of the status of the buildings and a
copy of the report must also be forwarded to the Council and to the owners of
each of the abovestated premises, prior to the commencement of any works.
5. The landscaping along the rear of the site towards the
south-eastern corner shall have a maximum height of 1m to ensure views for
neighbouring properties are not impacted upon. Details of the plantings to be
provided shall be submitted as part of the application for a construction
certificate.
6. The proposed upper level rumpus room shall be deleted from
the plans thereby lowering the overall height of the building to RL35.15.
Details to be submitted with the Construction Certificate Application.
Necessary internal arrangement to delete the access stairs shall also be
required.
7. The consumption of water within the building shall be
minimised by the use of triple A rated water efficient plumbing fixtures (taps
and shower roses) and water efficient dual flush toilets. Details of
compliance are to be provided in the construction certificate plans or
specifications.
8. All plumbing and drainage pipes, other than rain water
heads, gutters and downpipes, must be concealed within the building.
9. Street numbering must be provided to the premises in a
prominent position, to the satisfaction of Council.
10. The 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 paving or the like on the ground) without the written
consent of Council.
11. Where access is required to
adjoining premises for construction purposes, the written consent of the
owner/s of the subject adjoining premises must be provided to the satisfaction
of the Principal Certifying Authority, prior to carrying out any construction
works from or upon the adjoining premises.
12. Each dwelling must have a waste storage
cupboard in the kitchen sufficient to allow separation of garbage, recyclable
and compostable materials
13. Hot water pipes must be insulated in order
to minimise heat loss.
14. Landscaping shall be provided to the
site to enhance its amenity and reduce the impact of the development upon
neighbouring properties. A landscape plan shall be submitted to and approved by
the Director of Planning & Community Development, in accordance with
section 80A(2) of the Environmental Planning and Assessment Act 1979,
prior to a construction certificate being issued.
15. Landscaped areas must contain a
predominance of species that require minimal watering once established or
species with water needs that match rainfall and drainage conditions.
16. Landscaped areas must include an area
dedicated to on - site composting.
17. Porous paving shall be used in all
pathways. Details are to provided with the construction certificate application
The
following group of conditions have been applied to ensure that adequate
drainage is provided from the premises and to maintain adequate levels of
health and amenity in the locality:
18. Surface water/stormwater must be drained and discharged to
the street gutter and details are to be included in the construction
certificate details for the development.
Details of any
works proposed to be carried out in or on a public road/footway are to be
submitted to and approved by Council’s Director of Planning and Environment
prior to commencement of works.
19. External paths and ground surfaces are to be graded and
drained away from the building and adjoining premises in such a manner so as
not to result in the entry of water into a building, or cause a nuisance or
damage to the adjoining premises.
The
following conditions are applied to ensure that the development satisfies the
provisions of the Environmental Planning and Assessment Act 1979 and
Regulations:
20. All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
21. In accordance with clause 98 of the Environmental
Planning and Assessment Regulation 2000, it is a prescribed condition, that
in the case of residential building work, a contract of insurance must
be obtained and in force, in accordance with the requirements of the Home
Building Act 1989.
Where
the work is to be done by a licensed contractor, excavation or building work
must not be carried out unless the Principal Certifying Authority (PCA):
· has been informed
in writing of the licensee’s name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where
the work to be done by any other person (i.e. an owner builder), excavation or
building work must not be carried out unless the Principal Certifying
Authority:
· has been informed
of the person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $3,000.
Details of the
builder and compliance with the provisions of the Home Building
Act 1989 are to be submitted to Council prior to the commencement of works,
on the notice of appointment of the PCA / Intention to commence building work.
The
following conditions are applied to ensure that the development satisfies
relevant standards of construction, and to maintain adequate levels of health,
safety and amenity during construction:
22. All demolition work is to be carried out in accordance with
the provisions of AS2601-1991. The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person
and be submitted to the principal certifying authority, prior to the
commencement of any demolition works.
23. Prior to the commencement of any building works, 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 and Environmental Planning & Assessment Regulation
2000.
24. Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building
work must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
25. A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
26. The building works are to be inspected by the Principal
Certifying Authority (or other suitably qualified person, to the
satisfaction of the Principal Certifying Authority), to monitor
compliance with the relevant standards of construction and Council’s
development consent.
The Principal
Certifying Authority shall specify the relevant stages of construction to
be inspected and a satisfactory inspection must be carried out, to the
satisfaction of the Principal Certifying Authority, prior to proceeding
to the subsequent stages of construction or finalisation of the works (as
applicable).
Documentary
evidence of the building inspections carried out and compliance with Council’s
approval is to be maintained by the Principal Certifying Authority.
Upon
inspection of each stage of construction, the Principal Certifying Authority
(or other suitably qualified person, to the satisfaction of the Principal
Certifying Authority) is also required to ensure that adequate provisions
are made for the following measures (as applicable), to ensure
compliance with the terms of Council’s consent:
· Sediment control
measures.
· Provision of
perimeter fences or hoardings for public safety and restricted access to
building sites.
· Maintenance of the
public place free from unauthorised materials, sand, soil, debris, waste
containers or other obstructions.
27. 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 are to be properly guarded and protected
to prevent them from being dangerous to life or property.
28. Retaining walls or shoring 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, if
the soil conditions require it, and adequate provisions are to be made for
drainage.
Retaining walls and shoring are to be designed and installed
in accordance with the relevant requirements of the Building Code of Australia
and Australian Standards and details of any proposed retaining walls are to be
submitted to the Principal Certifying Authority for consideration prior to
installation.
29. A Registered Surveyor’s check survey certificate or compliance
certificate is to 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), detailing compliance with Council’s approval at the following
stage/s of construction:
Prior to
construction of the first completed floor/floor slab (prior to pouring of
concrete), showing the area of land, building and boundary setbacks and
verifying that the building is being construction at the approved levels.
a) On
completion of the erection of the building showing the area of the land, the
position of the building and boundary setbacks and verifying the building has
been constructed at the approved levels.
30. Building and demolition works must only be carried out
between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on
Sundays and public holidays, except with the specific written authorisation of
Council’s Manager of Environmental Health and Building Services.
31. A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case of
residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act 1989 and
Regulations
32. Temporary toilet facilities are to be provided, at or in the
vicinity of the work site throughout the course of demolition and construction,
at the rate of one toilet for every 20 persons or part of 20 persons employed
at the site and the toilet facilities must be connected to a public sewer or
other sewage management facility approved by Council.
33. Noise emissions during the construction of the building and
associated site works must comply with the relevant provisions of the Protection
of the Environment Operations Act 1997 & the Noise Control Manual
published by the Environment Protection Authority, except as may be amended by
the conditions of this approval.
34. Public safety and convenience must be maintained at all
times during demolition, excavation and construction works.
35. A Road Opening Permit must be obtained from the Council and
other relevant Authorities prior to excavating or opening-up the road or
footway for services or the like.
Any damage
caused to the road or footway must be repaired immediately, to the satisfaction
of Council.
36. Any building/demolition works involving asbestos cement are
to be carried out in accordance with the Work Cover New South Wales “Guidelines
for Practices Involving Asbestos Cement in Buildings”.
37. A Construction Site Management Plan is to be submitted to
and approved by the principal certifying authority prior to the commencement
of demolition, excavation or building works. The site management plan must
include the following measures, as applicable to the type of development:
· location and construction of
protective fencing / hoardings to the perimeter of the site;
· location of site storage
areas/sheds/equipment;
· location of building materials for
construction;
· provisions for public safety;
· dust control measures;
· site access location and
construction
· details of methods of disposal of
demolition materials;
· protective measures for tree
preservation;
· provisions for temporary sanitary
facilities;
· location and size of waste
containers/bulk bins;
· details of proposed sediment and
erosion control measures;
· Construction noise and vibration
management.
The site
management measures are to be implemented prior to the commencement of any site
works and be maintained throughout the works, to maintain adequate levels of
public health and safety. A copy of the approved Construction Site Management
Plan must be maintained on site and be made available to Council officers upon
request.
38. During construction stages, sediment laden stormwater
run-off shall be controlled using the sediment control measures outlined in the
manual for Managing Urban Stormwater – Soils and Construction, published by the
NSW Department of Housing.
Details of the
proposed sediment control measures must be submitted to and approved by the
principal certifying authority prior to the commencement of any site works.
The sediment and erosion control measures must be implemented prior to the
commencement of any site works and a copy of the approved details must be made
available to Council officers upon request.
Details of
proposed sediment and erosion control measures shall include; a site plan;
indicating the slope of land, access points & access control measures,
location and type of sediment & erosion controls, location of existing
vegetation to be retained, location of material stockpiles and storage areas,
location of building operations and equipment.
39. Stockpiles of soil, sand, aggregate or other materials must
not be located on any drainage line, natural watercourse, footpath, roadway or
any public place and the stockpiles must be protected with adequate sediment
control measures.
Building
operations such as brick cutting, washing tools or equipment and mixing mortar
are not permitted on public footpaths, roadways, in any public place or any
location which may lead to the discharge of materials into the stormwater
drainage system.
40. Building materials, sand, soil, waste materials or
construction equipment must not be placed upon the footpath, roadway or nature
strip at any time and the footpath, nature strip and road must be maintained in
a clean condition and free from any obstructions at all times.
41. A warning sign for soil and water management must be
displayed in a prominent position on the building site, visible to both the
public and site workers. The sign must be displayed throughout the construction
period. Copies of a suitable warning sign are available at Council’s Customer
Service Centre for a nominal fee.
42. Bulk bins/waste containers must not be located upon the
footpath, roadway or nature strip at any time without the prior written consent
of the Council, unless the waste container is located upon the road in
accordance with the Roads & Traffic Authority Guidelines and Requirements,
and the container is exempt from an approval under Council’s Local Approvals
Policy.
43. 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
legislative requirements is an offence and may result in the commencement of
legal proceedings, issuing of `on-the-spot` penalty infringements or service of
a notice and order by Council.
44. The required Long Service Levy payment, under the Building
and Construction Industry Long Service Payments Act 1986, is to be forwarded to
the Long Service Levy Corporation or the Council, prior to the issuing of a
Construction Certificate, in accordance with Section 109F of the Environmental
Planning & Assessment Act 1979.
45. 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.
46. 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 stock
piles 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
stock piles of sand, soil and excavated material.
· Minimisation/relocation of stock piles of materials,
to minimise potential for disturbance by prevailing winds.
· Revegetation of disturbed areas.
47. During construction stages, sediment laden stormwater
run-off shall be controlled using the sediment control measures outlined in the
manual for Managing Urban Stormwater – Soils and Construction, published by the
NSW Department of Housing
Details of the proposed sediment control measures must be
submitted to and approved by the principal certifying authority prior to the
commencement of any site works. The sediment and erosion control measures
must be implemented prior to the commencement of any site works and a copy of
the approved details must be made available to Council officers upon request.
Details of proposed sediment
and erosion control measures shall include; a site plan; indicating the slope
of land, access points & access control measures, location and type of
sediment & erosion controls, location of existing vegetation to be
retained, location of material stockpiles and storage areas, location of
building operations and equipment.
48. Public access to the site and building works, materials and
equipment on the site is to be restricted, when work is not in progress or the
site is unoccupied.
A temporary safety fence is to be provided to protect the public,
located to the perimeter of the site (unless the site is separated from the
adjoining land by an existing structurally adequate fence, having a minimum
height of 1.5 metres). Temporary fences are to have a minimum height of 1.8
metres and be constructed of cyclone wire fencing, with geotextile fabric
attached to the inside of the fence to provide dust control, or other material
approved by Council.
Fences or
hoardings are to be structurally adequate and be constructed in a good and
workmanlike manner and the use of poor quality materials or steel reinforcement
mesh as fencing is not permissible.
Details of the proposed
temporary fences located upon the site are to be submitted to the principal
certifying authority and the public safety provisions and temporary fences must
be in place prior to the commencement of any demolition, excavation or building
works and be maintained throughout construction.
If it is proposed to locate
any hoardings, site fencing or amenities upon a footpath or public place, the
written consent from Council’s Building Services section must be obtained
beforehand and detailed plans are to be submitted to Council for consideration,
together with payment of the weekly charge in accordance with Council’s adopted
fees and charges.
49. Any part of Council’s nature strip which is damaged as a
result of the work must be back-filled, top-soiled and re-turfed with kikuyu
turf prior to occupation or finalisation of the development, to Council’s
satisfaction.
The
following conditions are applied to ensure that reasonable levels of fire
safety are provided in the building:
50. Smoke alarms are required to be installed in each Class 1
building or dwelling in accordance with the relevant provisions of Part 3.7.2
of the B.C.A. – Housing Provisions.
Smoke alarms must comply
with AS3786 – Smoke alarms and be connected to the consumer mains electric power
supply and provided with a battery back-up.
The smoke alarms are to be
installed in suitable locations on or near the ceiling, in any storey
containing bedrooms; located between each part of the dwelling containing the
bedrooms and the remainder of the dwelling, or where bedrooms are served by a
hallway, the smoke alarms are to be located in that hallway; and smoke alarms
are to be installed in any other storey not containing bedrooms, to the
satisfaction of the certifying authority.
Smoke alarms are not to be
located in ‘dead-air-spaces’, in the corner junction of walls and ceilings
between exposed rafters/joists or at the apex of raked ceilings, as detailed in
Part 3.7.2 of the B.C.A. – Housing Provisions.
Details of compliance with
the provisions of the Building Code of Australia must be included in the plans
/ specification for the construction certificate.
The
following conditions are applied to ensure adequate environmental protection.
51. All hazardous or intractable wastes (including asbestos)
shall be removed and disposed of in accordance with the requirements of
WorkCover and the Environmental Protection Authority, and with the provisions
of:
· Occupational
health and Safety Act 1983 (NSW)
· Construction
Safety Act 1912; Regulation 84A-J Construction Work Involving Asbestos or
Asbestos Cement 1983 (NSW)
· Occupational
Health and Safety (Hazardous Substances) Regulation 1996 (NSW).
· Occupational
Health and Safety (Asbestos Removal Work) Regulation 1996 (NSW); and
· Waste
Minimisation and Management Act 1995 and Regulations (NSW).
All site works
shall comply with the occupational health and safety requirements of the NSW
WorkCover Authority. In this regard all contractors and employees shall adopt
work practices in accordance with the requirements of WorkSafe’s Control of
Inorganic Lead at Work (NOHSC:102(1994) and NOHSC:2015(1994).
52. All site works shall comply with the occupational health and
safety requirements of WorkCover NSW.
53. 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.
54. The applicant is advised that the Construction Certificate
plans and specifications must comply with the provisions of the Building Code
of Australia (BCA) – Housing Provisions.
The
following conditions are applied to provide adequate security against damage to
Council’s infrastructure:
55. The following vehicular crossing deposit requirement is to
be complied with prior to a construction certificate being issued for the
development, as security for Council or a Council approved subcontractor to
construct the vehicular crossing.
a) $1000.00 - Vehicular
crossing deposit
The vehicular crossing
deposit may be provided by way of cash or cheque with the Council and is
refundable upon the completion of the Council vehicular crossing by Council or
a Council approved subcontractor.
The following conditions are applied to provide adequate
provisions for access, transport and infrastructure:
56. The applicant must meet the full cost for Council or a
Council approved contractor to:
a) Reconstruct concrete vehicular crossing and layback at kerb
to suit the new vehicular entrance to the site.
b) Remove any redundant portion of the existing concrete
vehicular crossing and layback and to reinstate the area with concrete
footpath, turf and integral kerb and gutter to Council's specification.
57. The applicant must meet the full cost for Council or a
Council approved contractor to repair/replace any damaged sections of Council's
footpath, kerb & gutter, nature strip etc which are due to building works
being carried out at the above site. This includes the removal of cement slurry
from Council's footpath and roadway.
58. The applicant shall note that all external work, carried out
on Council property, shall be in accordance with Council's Policy for
"Vehicular Access and Road and Drainage Works". An application for
the cost of the Council civil works is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design and supervision fee based on the lowest quotation from Council's
nominated contractor will be required to be paid prior to the commencement of
any works.
The following conditions are
applied to provide adequate provisions for future civil works in the road
reserve:
59. The Council’s Department of Asset & Infrastructure
Services has inspected the above site and have determined that the design
alignment level (concrete/paved/tiled level) at the property boundary for
driveways, access ramps and pathways or the like, must match the back of the
existing footpath along the full site frontage.
60. The design alignment levels (concrete/paved/tiled level)
issued by Council and their relationship to the 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.
61. The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued at
a prescribed fee of $215.00 calculated at $17.60 (inclusive of GST) per metre
of site frontage. This amount is to be paid prior to a construction certificate
being issued for the development.
The following conditions are applied to provide adequate
consideration for service authority assets:
62. A public utility impact assessment must be carried out on
all public utility services on the site, roadway, nature strip, footpath,
public reserve or any public areas associated with and/or adjacent to the
development/building works and include relevant information from public utility
authorities and exploratory trenching or pot-holing, if necessary, to determine
the position and level of service.
63. The applicant must meet the full cost for telecommunication
companies, gas providers, Energy Australia and Sydney Water to
adjust/repair/relocate their services as required. The applicant must make the
necessary arrangements with the service authority.
The following conditions are
applied to provide adequate provisions for landscaping and to maintain
reasonable levels of environmental amenity:
64. That part of the naturestrip upon Council's footway which is
damaged during the construction of the proposed works 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 completed at the applicants expense prior to the
issue of a final Occupation Certificate.
65. The naturestrip upon Council's footway shall be maintained
by the applicant in accordance with Council guidelines. Such maintenance shall
include, but not be limited to, watering, mowing, fertilising, and the removal
of weeds.
Tree Management
66. Approval is granted for the removal of the following trees
subject to the planting of 3 x 75 litre broad canopied replacement trees (not
palms) within the site. The species selected shall be those that will attain a
minimum height of 6 metres at maturity.
a) Two (2) Pheonix canariensis (Canary Island Palm)
located towards the front of the site.
b) One (1) Ficus elastica (Rubber Tree) located towards
the northern boundary of the site.
c) One (1) Banksia integrifolia (Coast Banksia) located
towards the northern boundary of the site.
d) Two (2) Arecastrum romanzoffianum (Cocos Palm)
located towards the rear of the site.
67. Permission is granted for the removal of only those trees
falling within the area occupied by the approved works. Removal of the
remaining trees on the site are subject to separate application under the Tree
Preservation Order.
68. The applicant shall be required to ensure the retention and
long term health of all trees located on adjoining properties adjacent to the
proposed development. As a general guide there shall be minimal excavation or
root pruning within the dripline/s of the subject tree/s.
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.
Bushland Conditions
69. The following conditions are
applied to provide adequate provisions for the protection of Gordons Bay
Reserve and bushland:
70. The Applicant shall provide a
written report of any breaches of the Bushland Conditions to Council’s Bushland
Management Technician by the next business day after any breach has occurred.
The report shall be signed and dated and information in the report shall include,
but not necessarily limited to:
· The date of the breach;
· The nature, extent and degree of the breach;
· The cause of the breach;
· All persons involved in the breach, including: full first
and last names; contact number/s; organisation/s and reason/s for being
present;
· All witnesses to the breach, including: full first and last
names; contact number/s and organisation/s; and
· All plant, equipment, machinery, vehicles, substances, etc.
involved in the breach.
· If Council becomes aware of a breach of the Bushland
Conditions for which such a report has not been provided to Council, then
Council may request such a report, which shall then be provided to Council
within 24 hours.
71. All personnel employed in relation
to the development shall receive a site induction prior to their commencement
of work, which shall include:
· that no disturbance to, or removal of, vegetation or soils
shall occur within Gordons Bay Reserve, except in accordance with these
conditions;
· that no temporary or permanent placement or storage of any
items of plant, materials, tools, equipment, vehicles, etc. shall occur within
Gordons Bay Reserve;
· that access to Gordons Bay Reserve shall be restricted to
pedestrian traffic only and, in any case, shall be minimised;
· that no foreign matter, including, but not limited to:
water, cement wash, concrete, fill, soils, mulch, building materials,
chemicals, petroleum-based products, paint, etc., shall be disposed of in, or
placed in, or where they may enter, Gordons Bay Reserve;
· that contravention of any of the above shall be reported
immediately to the Applicant’s Project Manager by all persons involved in and
witnessing such a contravention.
72. All personnel who have completed
this induction shall sign an Induction Register stating that they have
completed the induction and that this included all the above information. The
Induction Register shall be available for inspection and reproduction at all
times by Council.
73. No disturbance to, or removal of,
any vegetation or soils shall occur within Gordons Bay Reserve as a result of
the proposed development. The only exceptions to this shall be:
· installation of protection fencing, as identified elsewhere
in these conditions;
· landscaping a two metre wide strip within Gordons Bay
Reserve, along the southern side of the proposed development, as identified
elsewhere in these conditions.
In all instances where disturbance to, or removal of,
vegetation or soils has occurred within Gordons Bay Reserve, all affected areas
shall be immediately repaired to their state prior to commencement of
development, as far as possible.
74. Pedestrian traffic to Gordons Bay
Reserve relating to the proposed development shall be minimised.
75. No foreign matter, including, but
not limited to: cement wash, concrete, fill, soils, mulch, building materials,
chemicals, petroleum-based products, paint, etc., shall be disposed of in, or
placed in, or where they may enter, Gordons Bay Reserve. In all instances where
such substances have been disposed of in, have been placed in, or have entered,
Gordons Bay Reserve, all affected areas shall be immediately repaired to their
state prior to commencement of development, as far as possible.
76. No temporary or permanent
placement or storage of any items of plant, materials, tools, equipment,
vehicles, etc. shall occur within Gordons Bay Reserve in relation to the
proposed development. The only exceptions to this shall be in relation to:
· installation of protection fencing, as identified elsewhere
in these conditions;
· landscaping a two metre wide strip within Gordons Bay
Reserve, along the southern side of the proposed development, as identified
elsewhere in these conditions.
77. In all instances where items have
been placed or stored within Gordons Bay Reserve, all affected areas shall be
immediately repaired to their state prior to commencement of development, as
far as possible.
78. A continuous, temporary 1800mm
high cyclone wire protection fence shall be installed within Gordons Bay
Reserve, within two metres of the entire southern boundary 11 Tower St. The eastern
end of this fence shall extend to within one metre from the public footpath on
the western side of Tower St. The western end of this fence shall turn to join the
boundary of 11 Tower St and 28A Battery St.
79. Silt fencing shall be
attached along the full length of the protection fencing and shall be
maintained so as to ensure that no foreign matter, including: sediment,
concrete, fill, soils, mulch, etc. passes the protection fence at any time.
Silt fencing shall be attached within 24 hours of any given section of the protection
fence being installed.
80. Council approved warning signs shall
be permanently attached (and immediately repaired and replaced as necessary) to
the protection fence at a maximum of 20 metre intervals. A final prototype of
the warning sign to be used shall be provided to Council’s Bushland Management
Technician for approval and shall be altered as required by the Bushland
Management Technician. Warning signs shall be attached within 24 hours of any
given section of the protection fence being installed. Warning signs shall
include at least all the following information:
· the presence of bushland in the Reserve;
· that no disturbance to, or removal of, vegetation or soils
shall occur within Gordons Bay Reserve;
· that no temporary or permanent placement or storage of any
items of plant, materials, tools, equipment, vehicles, etc. shall occur within
Gordons Bay Reserve;
· that no foreign matter, including water, cement wash,
concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products,
paint, etc., shall be disposed of or placed in or where they may enter Gordons
Bay Reserve;
· relevant contact numbers, including the Applicant’s Project
Manager and Council’s Bushland Management Technician (Tel:9399-0683);
· that contravention of any of the above shall be reported
immediately to the Applicant’s Project Manager or Council’s Bushland Management
Technician.
81. Council’s Bushland Management
Technician shall inspect and, when satisfied, provide written confirmation that
the protection fencing, silt fencing and warning signs have been appropriately
installed, prior to commencement of any demolition, construction or earthworks.
82. No water, including, but not
limited to: run-off, stormwater, pool water, sprinklers, etc., shall be piped
into, directed into, or otherwise allowed to enter Gordons Bay Reserve via the
southern boundary of 11 Tower St, as may occur due to the proposed development. All hard
surfaces adjacent to Gordons Bay Reserve shall be designed to fall away from
the Reserve, i.e. back into 11 Tower St.
83. Water in the existing in-ground
pool shall not be disposed of into, or allowed to enter, Gordons Bay Reserve.
84. Measures shall be undertaken to
ensure that no stormwater or pool water is capable of entering Gordons Bay
Reserve from 11 Tower St, via existing pipes at any time in the future. The
Applicant shall submit to Council details of any methods to be employed to
undertake such measures, which are to be acceptable to Council, prior to a
construction certificate being issued for this application.
85. No gates or other access points
shall be incorporated into the southern boundary protection fence or permanent
fence/balustrade of 11 Tower St.
86. No weed control, planting or
mulching shall occur in Gordons Bay Reserve in relation to the proposed
development. The only exception to this shall be that, on completion of all
construction works, the area from the protection fence to the southern boundary
of 11 Tower St
shall be made good and Stenotaphrum sp. (Buffalo Grass) turf shall be
installed, where required, in order to re-instate a complete cover of such turf
within this area.
87. No species, which may spread from
where they are planted into the local environment at any time in the future,
shall be used in landscaping. This includes: Cupaniopsis anacardioides
and Japanese Maple, as is proposed in the development application. Turf species
shall be restricted to Stenotaphrum spp. (Buffalo Grass).
88. No species, which have been
recorded as naturally occurring at Gordons Bay Reserve, shall be used in
landscape planting. This includes: Viola hederacea, Westringia sp., Lomandra
longifolia, Hibbertia scandens and Banksia integrifolia, as is
proposed in the development application.
89. A refundable deposit, in the form
of cash or cheque, for the amount of $7,000.00, shall be lodged with Council
prior to issuing of a construction certificate for this application. The
refundable deposit is placed as security to ensure that, subject to the works
required and/or authorised by this development consent, no detrimental
environmental effect occurs within Gordons Bay Reserve. The refundable deposit
will be released at the time of completion of all works, providing that no
detrimental environmental effect has occurred within Gordon’s Bay Reserve
throughout the construction works. Any contravention of Council's conditions
relating to bushland and/or Gordon’s Bay Reserve at any time during the
development may result in the Council claiming all or part of the lodged
security to the extent necessary to enable Council to carry out necessary
repair or ameliorative works within Gordon’s Bay Reserve.
ATTACHMENT/S:
1. Director Planning & Community
Development's Report dated 14 July 2003
2. Development Application Report dated 8 July 2003
3. A4 reduced plans
4. CONFIDENTIAL Legal Advice (Under Separate Cover)
Acting Director Planning & Community Development's Report 53/2003
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SUBJECT:
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11 Tower Street, Coogee
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DATE:
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15 July, 2003
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FILE NO:
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D/0118/03
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REPORT
BY: ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT
INTRODUCTION:
Attached is the Development Assessment Report for Development Application 118/2003 of 11 Tower Street, Coogee
for demolition of the existing dwelling house and erection of a new part two,
part three storey dwelling house incorporating two swimming pools, a gymnasium
and a double garage to the front of the dwelling for Councils consideration and
determination.
RECOMMENDATION:
That Council consider and determine
the development application in accordance with the recommendation contained in
the attached report.
ATTACHMENT/S:
1. Development Application Report dated 8 July 2003.
2. A4 reduced plans.
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SIMA TRUUVERT
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AOIFE WYNTER
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ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT
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ENVIRONMENTAL PLANNING OFFICER
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Development Application
Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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DATE:
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8 July, 2003
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FILE NO:
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D/0118/2003
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Subject Site
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Submissions received
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Ů
North
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The
application has been referred to the Health, Building and Planning Committee
for determination at the request of Councillors July Greenwood, Dominic
Sullivan and Paul Tracey The estimated cost of the development is $1.1 million
The main
issues of the application are view loss, exceedance of the preferred solutions
of Development Control Plan Dwelling Houses and Attached Dual Occupancies (DCP)
for floor space, external wall height and ground floor and front building
alignment setbacks. The main concerns raised by objectors relate to bulk and
scale, overshadowing of the public domain, setbacks and view loss. Amended
plans were lodged to address the majority of concerns raised by objectors and
some of the non-compliances with preferred solutions. It is considered that on
balance the application as amended resolves many of the original issues of the
objector’s and achieves the performance requirements of the DCP.
The
application is recommended for approval subject to conditions.
2. THE
PROPOSAL
The proposal
is for demolition of the existing dwelling house and erection of a new part
two, part three storey dwelling house incorporating two swimming pools, a
gymnasium and a double garage to the front of the dwelling. The proposed
dwelling has living rooms to the ground floor and a study. On the first floor,
bedrooms, a guest room and the gymnasium are proposed. At the third storey a
rumpus room is proposed. The total floor area of the dwelling is 289sqm.
The dwelling
is contemporary in architectural style incorporating extensive wall modulation
and a well articulated façade to the street and to the southern elevation,
which overlooks Gordon’s Bay.
A swimming
pool is proposed to be located to the northern boundary and the children’s play
room to the south-western corner of the site.
3. THE
SUBJECT SITE AND SURROUNDING AREA:
The subject
site is located on the western side of Tower St and on the northern side of
Gordon’s Bay. The site has a total area of 495.5sqm. The site is occupied
currently by a detached dwelling house of a mock Spanish mission architectural
style that was approved in 1974.
View of property from corner of Tower
St and Cliffbrook Pde. Height poles depicted show originally submitted
proposal.
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View from Tower St of No. 11 Tower St
including parking structure located on the building alignment for No. 9
Tower St.
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The streetscape of Tower St is
varied with examples of older style detached dwellings and semi-detached
dwelling houses. Many of these properties have been the subject of alterations
and additions. There are a number of examples of parking structures forward of
the dominant building line.
The subject site is visually
prominent being located on the cliff top of the northern side of Gordon’s Bay.
The property enjoys extensive views to the south and east over the ocean.
The surrounding properties of
Gordon’s Bay are larger scaled developments often incorporating several
storeys. Whilst many of these sites differ in character and have greater site
areas than the subject site they are visually correlated to this site, such
that the greater Gordon’s Bay setting also needs to be considered in the urban
design assessment.
4. SITE
HISTORY
a. APPLICATION
HISTORY
The application was lodged with Council on the 21 February 2003. 16 objections and a petition of 75 signatures were received during the
notification period. As a result of this level of objection a meeting was held
between Council officers and the architect to discuss the issues of concern
raised. The applicant agreed to erect height poles to determine the extent of
impact from the proposed building envelope and view the impact from primary
affected properties.
The height
poles were erected on the 6th May and in total 8 properties were
visited.
As a result of
the view, the architect prepared amended plans to address the issues of concern
including increasing side setbacks, reducing usable floor area, maintaining the
footprint of the existing dwelling to the rear to reduce view loss, setback of
the partial third storey from the front elevation to reduce view loss for first
floor additions to properties on Tower St, and additional privacy treatment
from deck areas to reduce amenity impacts to neighbouring properties.
These amended
plans were renotified to all the originally notified properties.
5. COMMUNITY
CONSULTATION:
The proposal has been notified in accordance with
the Local Environmental Plan 1998. The following submissions were received:
5.1 Submissions
a. Objections
to original notification
17 individual
letters of objection and one petition were submitted.
Petition of 75
signatures on the grounds that the development is:
· Out of character with the
established streetscape, being excessive in height at 3 storeys.
· Non-compliance with
Council’s DCP.
· Loss of amenity including
view loss and misrepresented details of the proposal.
These points
will be addressed as part of the summary of objector’s concerns later in this
section of the report. In addition to the petition individual submissions were
received.
Summary of
issues raised as part of the original submissions:
· Non-compliance with
Council’s preferred solutions.
· The development is
unreasonably bulky out of scale with the surrounding streetscape.
· Loss of views as a result
of the new dwelling house
· Use of the dwelling for
likely business purposes
· Loss of amenity to
neighbouring properties in terms of overlooking and increased parking
· Inaccurate plans
· Water management concerns
· No consideration for the
sensitivity of the locality
· Impact to neighbours
during construction
Many of these
points of concern were repeated as part of the submissions on the notification
of the amended plans.
b.
Objections to amended plans
The second
notification resulted in 15 individual letter of objection and one petition.
Many of the
individual points of objection raised as part of the letters of submission are
repeated, therefore all the issues will be summarised and addressed on a
collective basis. The discussion on the submissions will be on the issues
raised on the amended plans dated the 26 May 2003.
After the end
of the second notification period two more petitions were lodged one of 38
signatures reiterating concerns for the proposed front setback to Tower St,
variation to external wall height, public safety from the stairs to the coastal
walkway and drainage impacts from the swimming pool.
The second
petition received outside of the notification period comprised of 285
signatures. This petition was collected from the coastal walkway and
accordingly contained a significant number of signatures outside of the immediate
locality and outside of Randwick Council area. The covering concerns of the
petition related to the variation to height and bulk and safety from the public
stairs.
The points
raised in these petitions are outlined in the discussion below.
The names and
addresses of each of the objectors who provided individual submissions (from
both notification periods) and issues raised are detailed below:
LC
Hunt
9
Tower St
P
& L Masterton
28
Battery St
P
& S Verran
1
Melrose Parade
J
Young & C Downs
5
Tower St
A
Smith
7
Tower St (since sold property)
D
Llewelyn
2
Cliffbrook Parade
J
Demetrious Consultant
46
St Pauls Street, Randwick
S
& R Stonier
24
Battery St
A
Melick
28A
Battery St
B
& A Marsh
2/4
Cliffbrook Parade
R
Levy
3
Tower St
W
Salmon
11
Mundarrah
B
Heffernan
2-4
Melrose Parade
J
Temperley
1/4
Cliffbrook Parade
B
& A Fitzgerald
3
Melrose Parade
P
& A Hanlon
23
Battery St
F
Gonzalez
27
Battery St
R
Halliday
25
Battery St
N
Watt
1
Tower St
· Concern for reduced
front setback to 3.5m out of character with the dominant pattern of front
setbacks and resultant amenity impacts.
Comment
The preferred
solution for front setbacks for dwelling houses is an average of the adjoining
dwelling houses or 6m. In this instance there is only one adjoining property,
which has a zero setback due to a parking structure located on the street
alignment. This variation to the otherwise dominant building alignment of the
street needs to be taken into consideration when determining an appropriate
front setback for the subject site. The architect has cited the design
advantages of providing a ‘bookend’ style development to the end of the street
addressing the Bay, whereby varying the preferred front setback and external
wall height. It is considered that given the unique site being located on two
frontages Gordon’s Bay and Tower St the design argument is considered
acceptable provided the performance requirements of the control for setbacks
are achieved, this will be discussed in further detail under Environmental
Assessment section of this report.
· The third floor as it is over the
height limit
Comment
The preferred
solution for external wall height is 7m, the proposed external wall height has
a maximum measurement of 8.4m. The exceedence with the preferred solution
represents a substantial numerical variation that results in excessive scale
and additional overshadowing of the adjoining reserve. As such, it is
considered that the third storey consisting of the rumpus room should be
deleted. This matter is detailed further under Environmental Assessment section
of this report.
· Overshadowing of the steps to
Gordon’s Bay
Comment
Shadow
diagrams submitted with the application (and amended to show the full extent of
the shadows) have been assessed and are discussed in greater detail under
Environmental Assessment section of this report. It should be noted that
currently the stairs receive a considerable amount of over shadowing on the
winter solstice. The deletion of the upper level of the proposed building will
result in the building complying with the preferred wall height, thereby
minimising the extent of overshadowing.
· View loss as a result of the
amendments
Comment
Height poles
were erected to demonstrate the extent of view loss as a result of the new
dwelling, based on the extent and quality of view to be lost from adjoining
properties amended plans were prepared and submitted varying the footprint of
the dwelling house. Several properties to Battery St, Tower St and Melrose
Parade raised issue with view loss each of these properties were inspected and
the extent of loss and quality of existing view was identified. A detail
discussion on the view loss to be anticipated for each of these properties has
been provided under Environmental Assessment section of this report.
Height poles
depicting the envelope of the proposed dwelling were erected to demonstrate
likely view loss and based on this inspection it is considered that the amended
plans provide a reasonable outcome in terms of view retention.
· Sensitivity of Gordon’s Bay not
considered
Comment
The
environmental sensitivity of Gordon’s Bay was considered as part of the
referral to Council’s Bushland Officers, these comments are provided under
Technical comments section of this report. In terms of urban design and built
form the sensitivity or quality of the environment was considered in the site
analysis submitted to Council from which the design was prepared. The site
falls under Clause 29 Foreshore Scenic Protection Area of RLEP 1998, which
requires Council to consider the aesthetic appearance of the proposed building
and for a development not to adversely affect the amenity and character of the
locality. A discussion on Clause 29 is provided under Environmental Assessment
section of this report.
· Concern for water management
Comment
Council’s
Drainage Engineer has assessed the application in terms of stormwater
management and has provided relevant conditions of consent. The comments are
provided under the “Technical Comment” section of this report.
· Variation to Council’s
controls specifically floor space ratio and incorrect calculations
Comment
Whilst the
preferred solution for floor space is varied by this proposal, it is considered
that the performance requirements have been achieved for floor area as detailed
further under Environmental Assessment section of this report.
The FSR of the
proposal has been calculated as part of the assessment of this report and is
further discussed under the relevant section.
· Shadow diagrams are not accurate
Comment
The submitted
shadow diagrams were accurate from a spot check carried out as part of the
assessment however the detail of the diagrams was not considered sufficient in
that the extent of the shadow onto Council’s reserve was not detailed. Amended
shadow diagrams were submitted to Council and the final assessment for
overshadowing impacts was based on these diagrams.
· Design of the dwelling is not
sympathetic to the streetscape or locality
Comment
The locality
has a mix of architectural styles and building bulk and scale such that there
is not a dominant style or character which would could be integrated into the
design of this dwelling house. This dwelling addresses Tower Street and is also
part of the highly visible foreshore of Gordon’s Bay. These streetscapes are
each different with varying architectural styles, bulk and scale such that the
dwelling had to integrate with each of these streetscapes. The appropriateness
of the built form of the dwelling is further discussed under Environmental
Assessment section of this report.
· Dwelling is too bulky
and out of scale with surrounding development
Comment
Bulk and scale
of the development have been addressed under Environmental Assessment section
of this report. The predominant building scale of Tower St is less than that of
the proposed dwelling however the dwelling is also part of the locality of
Gordon’s Bay where dwellings are of a greater scale. The contrast of these two
“streetscape” needs to be considered in the assessment of the application. The
impact of the apparent bulk of the dwelling is addressed under Environmental
Assessment section of this report.
· The application does
not comply with Council’s development standards contained within the DCP
Comment
Compliance
with Council’s development controls is addressed under Policy Controls section
of this report.
· The development is not
consistent with Clause 29 Foreshore Scenic Protection Area of RLEP 1998
Comment
Clause 29 of
RLEP 1998 is addressed under Randwick Local Environmental Plan section of this
report.
· The dwelling will result in loss of
privacy
Comment
Privacy was an
issue addressed as part of the amended plans. Overlooking will be addressed
under Environmental Assessment section of this report.
· Noise impacts and aural loss of
privacy from the swimming pools
Comment
Aural privacy is addressed under
Environmental Assessment section of this report.
· Concern for structural
destabilisation to neighbouring properties as a result of the level of
excavation
Comment
A condition of
consent will be imposed requiring a dilapidation report to be submitted for
adjoining properties due to the extent of excavation proposed as part of this
application.
· Errors in the plans
Comment
The plans
submitted have been assessed in relation to the survey and on site inspection,
there are no significant variations or errors identified, minor notation errors
in relation to the existing building are not considered to have an impact on
the accuracy of the plans.
1. Support
S & M Patterson
7 Tower St
· The proposal is of a good quality and
will improve the streetscape
6. TECHNICAL
OFFICERS COMMENTS
The application
has been referred to the relevant technical officers, including where necessary
external bodies and the following comments have been provided:-
6.1 Assets
and Infrastructure
Landscape
Comments
There are
several trees that will be affected by the proposed works, including:
1. Two (2) Pheonix canariensis (Canary Island
Palm) located towards the front of the site. These trees are in the order of
5-6 metres in height appear to be in average condition and are covered by
Council’s Tree Preservation Order. These trees are likely to cause structural
damage to the existing and proposed structures. As such, permission is granted
for the removal of these trees subject to two replacements (not palms) located
within the site.
2. One (1) Ficus elastica (Rubber Tree) located towards the
northern boundary of the site. This tree is in the order of 6 metres in height
appear to be in average condition poor form and is covered by Council’s Tree
Preservation order. Permission is granted for the removal of this tree.
3. One (1) Banksia integrifolia (Coast Banksia) located towards
the northern boundary of the site. This tree is in the order of 6-8 metres in
height appears to be in average condition and is covered by Council’s Tree
Preservation Order. Permission is granted for the removal of this tree subject
to one replacement (not palm) located within the site.
4. Two (2) Arecastrum romanzoffianum (Cocos Palm) located towards
the rear of the site. These trees are in the order of 5-6 metres in height
appear to be in average condition and are covered by Council’s Tree
Preservation Order. Permission is granted for the removal of these trees.
Background
Bushland is present in the adjacent Gordons Bay Reserve to
the south. The Reserve is zoned 6A Open Space and, hence, the bushland is
protected by SEPP 19. Council has undertaken many years of bush regeneration
work in Gordons Bay Reserve below 11
Tower St.
No items of national environmental significance (pursuant
to the EPBC Act [Clth]) or nationally rare (ROTAP) species or state listed
threatened species, populations, or ecological communities (pursuant to TSC Act
[NSW]) have been recorded in Gordons Bay Reserve. No known locally rare species, which are present
in Gordons Bay Reserve, would be affected by the proposed development.
Issues
Gordons Bay Reserve, including the bushland and naturally
regenerating areas, is sensitive to disturbances from further uphill. The
proposed development poses a number of potential threats to Gordons Bay Reserve,
including bushland, due to:
· Demolition works;
· construction works;
· earthworks;
· access during and after development;
· placement, storage and disposal of items and substances
during development;
· run-off during and after development (see following);
· invasion by species proposed in landscaping;
· deleterious genetic effects on populations of indigenous
species by planting non-local provenance plant stock.
The effects may be significant and permanent and may be
caused unintentionally. The degree to which most of these potential threats may
impact the Reserve is significantly increased due to the position of the
proposed development at the top of a steep slope above the bushland.
Water currently enters, or may enter, Gordon’s Bay Reserve
due to:
· at least one existing outlet pipe, possibly carrying
stormwater or from the existing in-ground pool; emptying of the existing
in-ground pool, which is currently near to full;
· run-off due to proposed levels within 11 Tower St being
higher (over a metre in places) than the adjacent Reserve (see Site and Roof
Drainage Plan, January 2003).
· Water entering bushland often leads to increased weed
growth to the extent that these out-compete native species and/or significantly
increase the cost of weed control. Pool chemicals, such as chlorine, may
further greatly increase any negative impact on the environment.
The “Landscape Concept” diagram (February 2003) states, “It
is recommended that a two metre strip beyond the site boundary to the south is
weeded, replanted and mulched in accordance with Council’s bush regeneration
requirements for foreshore zones.” Due to the presence nearby of fast-growing,
persistent weeds, planting is considered undesirable in the two metre wide
strip for at least several years, until these weeds are controlled by Council’s
bush regeneration works currently progressing uphill within the Reserve. Any
plantings are likely to become infested with weeds if not regularly maintained.
Given adequate mitigation measures, including those
identified in the conditions below, there is unlikely to be significant
disturbance to, or degradation of, Gordon’s Bay Reserve or the bushland
present. Without such measures, the proposed development is likely to
significantly disturb and degrade the Reserve, including bushland.
Council’s engineers have reviewed the stormwater plans and
consider that the stormwater from the dwelling could be adequately managed by
discharging to the street. This can be achieved through standard conditions of
consent
SEPP 19 and its applicability will be discussed in further
detail later in this report.
7. RELEVANT
ENVIRONMENTAL PLANNING INSTRUMENTS
The
Development application has been assessed in accordance with the provisions of
the following relevant planning documents:
(a) Randwick Local Environmental Plan 1998
The site is
zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity
is permissible with Council’s consent. The following Clauses of the LEP 1998
apply to the proposal:-
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Residential
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Clause No.
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Requirement
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Provided
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Compliance
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Other Clauses
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Effect
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Applies
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Comment
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29
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Foreshore Scenic Protection
Area
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Yes
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Yes- minimal amenity impact
and sympathetic to the aesthetic appearance of the locality.
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7.1 Policy Controls
a. Development
Control Plan No. Dwelling Houses and Attached Dual Occupancies
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CONTROLS
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PERFORMANCE
REQUIREMENTS
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PREFERRED SOLUTIONS
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COMPLIANCE
(how applicant has
achieved performance
requirements or preferred solutions).
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SOLAR ACCESS
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P1 New dwellings must
achieve (Nathers) rating of 3.5 stars.
P2 Orientation and design
maximises solar access to living areas and open space.
P9 Design and siting of
buildings, alterations minimises loss of solar access to neighbours.
P9 Neighbour’s
north-facing living area windows receive at least 3 hours of sunlight over
part of their surface between 9.00am and 3.00pm on 21 June. If less is already available the amount
is not reduced.
P9 Neighbour’s principal
outdoor area receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less is already available the amount is not reduced.
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S1 New dwellings provide
certificate complying with a minimum (Nathers) rating of 3.5 stars or
equivalent.
S2.8 North-facing windows
to living areas and private open space receives at least 3 hours of sunlight
over part of their surface between 9.00am and 3.00pm on 21 June.
S9 North-facing windows to
living areas of neighbours receive 3 hours of sunlight over part of their
surface between 9.00am and 3.00pm on 21 June. If less available the amount is not
reduced.
S9 Neighbour’s principal
outdoor receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less available the amount is not reduced.
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WATER MANAGEMENT
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P1 Stormwater disposal
systems:
· collect and drain to a suitable disposal system;
· do not adversely affect existing downstream systems;
· use on–site stormwater infiltration;
· maximise opportunities for stormwater re-use
stormwater;
· retain existing trees.
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S1 Stormwater is graded and drained via a gravity
system to Council’s street gutter; or to a suitable absorption system.
S2 Triple A rated
fixtures. Dual flush toilets installed.
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Yes- as conditioned.
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LANDSCAPING & OPEN
SPACE
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P1 Landscaped areas suit
requirements of the dwelling occupants.
P2 Location and design of
private open space:
· allows year-round use
· minimises impact on neighbours
· addresses privacy and sun access
· addresses surveillance, privacy and security.
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S1 40% of the total site area is landscaped.
S1 252m
of useable private open space per dwelling.
S1 Minimum dimensions are
3m x 4m.
S1 Private open space is
located behind the building line.
S6 20% of the site area is
permeable.
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Yes 44% of the site landscaped area
Yes greater than 61sqm
provided.
Yes
Yes
Yes 23% provided as soft
landscaped area
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FLOOR AREA
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P1 Building bulk must be
compatible with surrounding built forms, minimise effects on neighbours and
streets.
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FSR-0.57:1
451-600m2 0.9-Site
Area(m2)
1500
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HEIGHT, FORM &
MATERIALS
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P1 Height relates to
surrounding streetscape.
P2 Designed to enhance
built form and character of street.
P3 Design relates to the
topography with minimal cut and fill.
P4 Design preserves
privacy and natural light access to neighbours.
P6 Design allows view
sharing.
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S1 Maximum 7m external
wall height for house or attached dual occupancy.
S3 Cut or fill does not
exceed 1m.
S3 No excavation within
900mm of side boundary.
S3 No excavation within 3m
of rear boundary.
S4 Length of second storey
portion is not greater than 12m at less than 1.5m from a southern boundary.
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No 8 &.6. However,
performance requirements satisfied by deletion of the rumpus room.
Yes- on balance when
considering all streetscapes.
No- However performance
requirements achieved. Minimal impact as a result of the cut.
No- Exceeds 12m however
performance requirements achieved with no adjoining properties affected.
Yes, on balance as
discussed under Environmental Assessment Section of this report
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BUILDING SETBACKS
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Front Setback
P1 Generally conforms with
adjoining development or dominant setback along street.
Rear Setback
P2 Allow neighbours
adequate access to natural light, view sharing and retains trees and
vegetation.
Side Setback
P3 Allow occupants and
neighbours adequate access to natural light, daylight and fresh air.
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Front Setback
S1 The average of
adjoining dwelling or 6m setback where no adjoining dwelling.
Rear Setback
S2 No closer than 4.5m.
Side Setbacks
S3 900mm for any part over
1m above ground level up to one level in height.
1.5m for any part of a
building, two levels at that point.
3.0m for any part of a
building more than two levels at that point.
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Yes – See Section 8.4
Yes
Yes to the north with 900mm to ground, and 1500mm to
the first floor. No to the south with 700-900mm setback for both storeys
however performance requirements satisfied.
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VISUAL & ACOUSTIC
PRIVACY
SAFETY AND SECURITY
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P1 Overlooking neighbouring internal living areas and
private open spaces is minimised.
P2 Balconies provide
adequate privacy for occupants.
P2 Entries are readily
identifiable.
P3 Front fences, landscape
areas and driveways promote safety and security.
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S1 Habitable room windows with direct outlook to others
windows within 9m are offset by more than 45 degrees or have fixed obscure
glazing or sill height to 1.5m.
S1 Direct view into the
private open space of adjoining dwelling is obscured or screened within 9m.
S1,2,3 Front doors visible
from street.
S1,.3 At least one
habitable room window overlooks the street.
S2 Street number displayed.
S3 Fences comply with
fencing requirements.
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GARAGES, DRIVEWAYS &
CAR PARKING
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Note: Council’s car parking DCP requirements:
1-2 bedroom 1 space
3 bedroom 2 spaces
P1 Are located and designed for convenience and
safety.
· enable the efficient
use of car spaces.
· safe, efficient,
adequate manoeuvrability.
P2 Do not breach the predominant building line.
P3 Do not detract from the streetscape and are
compatible with the dwelling.
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S1 Car parking spaces have minimum dimensions of 5.5
metres x 2.5 metres.
· Driveways
have a minimum width of three metres and are set back at least one metre from
the side boundary (max width 3m at boundary).
· Driveway
gradients have a maximum of 1 in 6. The gradient for the first 5m from street
not more than 1 in 8.
· Garages
and carport to a rear lane are 1m setback.
S2 Carports and garages located behind the building
where rear access available, or behind building line where front access
available.
S3 Driveways, car parking facilities <35% of
frontage.
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FENCES
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P1 Front fences are integrated with streetscape.
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Solid front fences in front of the building line no
higher than 1.2m.
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8. ENVIRONMENTAL
ASSESSMENT
The
site has been inspected and the application has been assessed having regard to
Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.
The
DCP – Dwelling Houses and Attached Dual Occupancies regulates all dwelling
house and attached dual occupancy development in the Randwick City area. The
DCP contains performance requirements, which are an extension and
interpretation of the objectives of the DCP and preferred solutions which are
more precise statements of outcome and are generally numerical based. Preferred
solutions are not “compulsory standards”, but illustrate how performance
requirements may be achieved in the design of development. As numerical
standards are often a crude reflection of intent, the DCP adopts a performance
approach to design guidance which allows greater flexibility and scope for
innovation.
8.1 Solar
access
Shadow
diagrams submitted with the application indicate that the shadow cast at the
winter solstice will fall away from neighbouring residential properties. The
shadows will fall on to Council’s nature reserve and onto the walkway of the
coastal walk around the circumference of Gordon’s Bay. At 9am the shadow is comparative to the shadow cast by the existing dwelling house falling on the
reserve, walkway and second half of the steps to Gordon’s Bay. At 12noon the
shadow cast will again fall on the reserve and on the steps which is consistent
with the existing shadow, the additional shadow cast at this point is minimal
and not likely to have an adverse impact. At 3pm the shadow falls onto Tower St,
the reserve and steps. This is also an increase from the existing shadow cast.
It is
recognised that the shading is not going to affect neighbouring residential
properties and the increase in shade to the reserve is minimal, Council’s
Bushland Officer has advised that the extent of overshadowing would not
adversely affect vegetation in the reserve. Additional shading to the stairs
resulting in slippery steps, a concern raised by the objectors, is not
considered to be a significant issue as the increase in shading is minimal and
not reasonable grounds for refusal or significant modification to the proposal.
Council’s Assets and Infrastructure Department have reviewed the plans and do
not raise issue with the additional shading of the steps. Notwithstanding, the
proposed deletion of the rumpus room will improve solar access into the reserve
and reduces the scale of the building lessening its prominence in a sensitive
coastal location.
8.2 Floor
Area
The preferred
solution for FSR for the site is 0.57:1. The proposed FSR is 0.65:1, which
exceeds the preferred solution, however Council is able to vary the controls if
it is satisfied that the performance requirements of the control are satisfied.
The performance requirements for floor area are that building bulk must be
compatible with surrounding built forms and must minimise adverse effects of
bulk on neighbours, streets and public open space. The proposed dwelling is
consistent with the context of the surrounding built form of Gordon’s Bay where
there is an established pattern of larger dwellings fronting the Bay. The scale
of the dwellings to Tower Street is reduced from that of the rest of Gordon’s
Bay primarily as these properties are set further back from the Bay and have
not maximised their development potential.
The dwelling
being located on the corner of Cliffbrook Parade and Tower St acts as a
development bookend to those two frontages whereby a larger dwelling acts as a
defining element as it frames the streetscape. The property is located to the
south of adjoining properties therefore the variation to the bulk of the
structure from the DCP ‘s preferred solution will not have an adverse impact in
terms of overshadowing. Whilst view loss has been identified as an issue with
this application the erection of any new dwelling to this site would impact on
views currently enjoyed by neighbouring properties based on the location of the
site being forward of all other properties and dominating the primary frontage.
All efforts to site the dwelling to minimise view loss has been made by the
applicant whereby it would be difficult to refuse the application on the grounds
of impact to neighbouring dwellings as some degree of view loss is unavoidable
with the position of this property in relation to the adjoining properties.
Consideration
has been given to the impact of the additional bulk of the dwelling to public
open space, specifically to the section of coastal walkway to Cliffbrook
Parade. There is an identified increase in overshadowing as a result of this
variation to bulk however the increase is only minimal from what is currently
experienced and unlikely to affect or diminish the quality and resultant
enjoyment of this space.
However, when
considering the variation to the preferred solution for floor area the
cumulative impact of the other variations to the controls should be considered.
The added impact of the variation to third floor setbacks and external wall
height would result in a development that unreasonably exceeds the development
controls. Deletion of the third storey rumpus room would reduce these
non-compliances to an acceptable level. This deletion would not affect the
design or internal amenity of the proposed dwelling and would reduce the floor
space ratio down to 0.59:1, which is closer to the preferred solution. This
deletion will be recommended as a condition of consent.
8.3 Height,
Form and Materials
The proposed
external wall height is a maximum of 8.6m, which exceeds the preferred solution
of 7m. As with floor area, the impact of the variation to the height control
could be justified as having minimal or not unreasonable impact however as deletion
of the rumpus room would resolve the majority of the impacts and would not have
a significant impact on the design of the dwelling deletion is considered an
acceptable design solution. The external wall height would then be reduced to
6.6m, which achieves the preferred solution. This reduction will also improve
visual bulk, simplify the built form and reduce overshadowing to the public
domain.
8.4 Building
Setbacks
Side setbacks
are varied for the proposed dwelling where articulation has been incorporated
into the design. To the northern boundary the side setback for the ground floor
is 900mm, which achieves the preferred solution. For the first floor the
northern setback is 1500mm for the gym section of this floor. The remainder of
this floor is setback 4.3m to 4.9m, which exceeds the preferred solution.
To the
southern boundary the ground floor setback is 600mm to 900mm, which partially
varies the preferred solution of 900mm. This reduced setback is however
considered to satisfy the performance requirements of the control where there
is no streetscape or neighbouring properties affected by the variation with no
amenity impacts. As has been previously discussed the impact to public domain
is minimal and not unreasonable subject to the deletion of the third storey of
the proposed building. To the first floor the southern setback is 900mm with
the variation being for blade walls which are incremental to the design of the
dwelling, this variation from the preferred setback of 1500mm is also
considered to satisfy the performance requirements as outlined above. As there
is no established pattern of side setbacks to Cliffbrook Parade and where there
are a number of reduced front setbacks for adjoining properties the variation
is considered consistent with the streetscape. With the recommended deletion of
the second floor rumpus room the variation to the third floor 3m side setback
is avoided.
The front
setback of existing dwelling at 11 Tower Street varies from the proposed
setback is 3500mm from the study and guest rooms and 5520mm to the garage and
gym. This provides for articulated and modulated front elevation. The setback
to No. 9 Tower St the adjoining property is 0m (varied by a carport structure),
which reads as a bulky garage from the streetscape. There are other examples of
parking structures varying the dominant front setback, the 6m setback. Whilst
the proposal does not comply with the dominant would then require a front
setback of the properties in Tower Street, given the location of this property
on the corner of Cliffbrook Parade and Tower Street with the principal
orientation to Gordon’s Bay the setbacks and built form of the properties to
the Bay and Cliffbrook Parade need to also be considered in the merit
assessment of the appropriate location of the dwelling. Having regard to these
other frontages the placement of the dwelling forward of the other properties
in Tower Street provides a visual transition between all frontages that this
corner site addresses. It is therefore considered that with the staggered
frontage the new dwelling does not detract from the quality of the streetscape
of Tower Street and provides a good built form consistent with other properties
in the locality which this dwelling is read as being part of the wider and does
not adversely impact on vies this visual catchment. The front setback satisfies
the performance requirements of the control on merit the variation is
supported.
The rear
setback of the proposed dwelling matches the existing dwelling’s footprint and
achieves the preferred solution of 4.5m.
8.5 Visual
and acoustic privacy
Council
officers raised privacy concerns with the applicant and requested some form of
privacy treatment in relation to the first floor side deck off the gymnasium to
the property of No. 9 Tower Street. The amended plans provided an 1800mm
privacy wall and planter boxes to restrict overlooking to the north and to the
west. It is considered that this measure satisfactorily addresses this issue.
To the
northern elevation of the proposed dwelling house there are no windows to
habitable rooms that do not have some form of privacy treatment either frosted
glass or raised sill height. There are no neighbours to the southern boundary
to result in overlooking. To the western elevation a deck is proposed off a
bedroom however overlooking is not considered to be an issue as the distance to
the adjoining property to the rear is some 13m, and is considered sufficient
distance to reduce direct sightlines.
Aural privacy
was a concern raised by objectors in relation to the lap pool, it is considered
that a lap pool is for exercise purposes only and not of sufficient size to
allow for recreation uses which would be considered to be of greater impact
than exercise usage. Aural privacy from the children’s pool is also considered
to not impact neighbouring property owners as it is located to the south
western boundary where a dividing wall and planter box will provide an aural
barrier from the neighbouring property. A swimming pool is similarly located to
the adjoining property such that a similar impact in terms of noise associated
with the use will be shared between the properties.
8.6 Fences
The front
fence is proposed to have a height of 1800mm and be of rendered masonry
construction. It is considered that the streetscape does not itself to high
fences and as such the maximum height of the wall shall be reduced to 1200mm to
comply with the DCP and to reduce the impact to the streetscape of a fortress
style frontage.
8.7 Foreshore Development
The site is
not identified within the draft coastal maps associated with State
Environmental Planning Policy No. 71 as being a sensitive site.
The subject
site is located within the Foreshore Scenic Protection Area accordingly Clause
29 of the LEP 1998 needs to be considered. The section of Foreshore development
contained within the DCP Dwelling Houses and Attached Dual Occupancies needs to
also be considered. Council is required to consider the probable aesthetic
appearance of a new building in relation to the foreshore. It is this
consideration that has prompted the merit assessment of the application in
terms of definition of applicable streetscape. The dwelling cannot be viewed as
being only part of the Tower Street streetscape, the Gordon’s Bay and
Cliffbrook Parade locality must also be considered. The bulk, scale and design
of the dwelling is in appropriate when viewed in the context of the greater
locality as properties to Gordon’s Bay tend to be larger scale, of a
contemporary design and provide dominant built forms in relation to the
foreshore. More recently designed and constructed new dwelling houses and
alterations and additions to existing dwelling houses can be considered to
contribute positively to the scenic quality of this foreshore. This proposed dwelling
is of a similar design being read as an extensive dwelling of over two stories
and being of a visually compatible bulk and scale and one, which will be
complimentary to the scenic quality. The design is well modulated and in
proportion to the other properties, the natural environment and the adjoining
public domain of the foreshore. The visual quality of Gordon’s Bay will not be
adversely affected by the erection of this new dwelling. A condition of consent
will be imposed requiring the finishes and materials of the new dwelling house
to by sympathetic and in keeping with the character of the foreshore area.
8.8 View
loss
View loss was
a primary concern raised by adjoining property owners in relation to the
amended plans. The primarily affected properties were visited as part of the
erection of height poles marking the envelope of the proposed dwelling. An
appreciation of the proposals’ impact was determined at this time.
The crucial
loss of quality view was from 28 Battery Street where the most significant
redesign to preserve this view was required. The amendments to the design were
principally to restore their view to the same level of that currently enjoyed
with a similar rear alignment to that of the existing dwelling. After
re-notification there was still a concern raised specifically in reference to
the landscaping along the northern boundary and the location of the southern
wall closer to the boundary as these would further affect view loss. The
landscaping shall be conditioned to have a maximum height of 1m, as discussed
in a meeting with the applicant and owner for the subject site, to ensure there
is no further loss of views. The corridor view through the southern setback as
outlined by the objector’s consultant is not considered to be crucial view, the
view of the headland of the southern end of Gordon’s Bay and the breaking water
at this point is preserved. Distant views of blue will also be retained by the
deletion of the rumpus room. Adequate efforts to retain views have been made
for No. 28 Battery Street.
No. 28a Battery Street was also
visited however it is considered that views to the east are not of the same
quality as the view currently enjoyed to the south which will not be affected.
No. 24 Battery
Street was visited in terms of view loss, as the rear boundary is to be
setback in line with the existing dwelling house view loss is not considered to
be significant for this property.
3 Melrose
Parade raised issue with view loss in terms of loss of a view from a proposed
attic window. As the attic is currently not constructed or even has approval,
Council is unable to consider such view loss as part of this application.
Currently there is no view enjoyed from this property that will be unreasonably
diminished by the proposed dwelling.
View loss was
raised by the adjoining property No. 9 Tower Street as an issue of concern.
Photographs and an inspection of the property indicated that the view currently
enjoyed was from a carport and a front bedroom which views Gordon’s Bay through
the side of the carport. When considering view loss Council must consider the
quality of the view and the rooms from which it is enjoyed, a carport and a
bedroom viewing through the carport are not considered primary views or
intrinsic to the enjoyment of the property. Loss of views to No. 9 Tower Street
would not be sufficient grounds to refuse the application and it would be
difficult to redesign the dwelling to retain the views and still provide an
appropriate built form.
Concern was
raised by the owners of No. 5 Tower Street in relation to view loss. The
primary concern was for loss of view from the front of a recently approved and
yet to be constructed first floor addition. Council visited the site and took
photos from the approximate location of the first floor to assess the extent of
view loss. Photomontages were also submitted by the owners of the property to
further detail the loss of views. These photos and inspection clearly indicate
that the quality part of the view the breaking water, the Bay meeting the
headland and the opening to the Bay and beyond will be preserved. Whilst there
would be some loss of views the primary aspect as described above would be
retained.
Overall, it is
considered that the proposal has been designed to minimise view loss and is
consistent with the principle of view sharing.
View of proposal from 9 Tower Street View
retained from proposed first floor 5 Tower.
View being retained by amended rear setback for properties
to Battery Street.
8.9 State Environmental Planning Policy No. 19- Bushland in
Urban Areas (SEPP 19)
SEPP 19
relates to all bushland zoned under a Local Environmental Plan as reserved for
open space purposes (excluding private recreation). The reserve adjacent to 11
Tower Street is zoned 6A open space accordingly SEPP 19 relates to that site.
The SEPP specifies that a consent authority cannot grant approval to works on
land adjacent to reserved public open space until the following points have
been taken into account:
· The need to retain
bushland on the land
· The effect of the
proposal on bushland and in particular on the erosion of soils, siltation of
streams and waterways and the spread of weeds and exotic plants within the
bushland.
· Any other matters are
relevant to the protection and preservation of bushland
Consideration
has been given to these above points as part of the referral to Council’s
Bushland Officers. The impact of the development was detailed under Technical
Officer’s comments. The recommended conditions of consent are considered to
adequately mitigate the likely impact of the development on the bushland. The
proposed new dwelling house will not have an adverse impact on the quality of
this reserve subject to compliance with the conditions of consent included in
the recommendation of this report. The aims and objectives of SEPP 19 have been
satisfied as part of the assessment of this application.
9. CONCLUSION
The proposed
dwelling seeks to vary some of the preferred solutions outlined in the DCP
Dwelling Houses and Attached Dual Occupancies however when the site is viewed
in the greater context of the streetscape including Gordon’s Bay and Cliffbrook
Parade the design can be seen to satisfy the performance requirements of the
controls of floor area and setbacks. The amended plans have addressed the
issues raised by the objector’s as part of the original notification period
however it is considered that in deleting the top rumpus room additional
concerns could be satisfied and greater compliance with the development
controls could be achieved in terms of setbacks, height and floor area without
compromising the design of the dwelling or the amenity of the proposed dwelling
house. The proposed deletion and imposition of additional conditions of consent
are considered to improve the impact of the dwelling without interfering with
the design and function of the dwelling. The proposal is recommended for
approval subject to conditions of consent.
RECOMMENDATION:
A. THAT Council as the responsible authority grant its
development consent under Section 80 and 80A of the Environmental Planning and
Assessment Act 1979 (as amended) to Development Application No 118/03 for
demolition of the existing dwelling house and erection new part two part three
storey dwelling house including double garage, children’s play pool, lap pool,
storeroom and gymnasium at 11 Tower Street Coogee subject to the following
conditions:-
1. The development must be implemented substantially in
accordance with the plans numbered 02120 DA00b,01c, 02b, 03c, 04b, 05B, 06b, 07b
& DAL/01a dated May 2003 and received by Council on 26 May 2003 the
application form and on any supporting information received with the
application, except as may be amended by the following conditions and as may be
shown in red on the attached plans:
The
following conditions are applied to satisfy the provisions of section 79C of
the Environmental Planning and Assessment Act 1979 and to maintain reasonable
levels of environmental amenity:
2. The colours, materials and finishes of the external
surfaces to the building are to be compatible with the adjacent development to
maintain the integrity and amenity of the building and the streetscape.
Details of the
proposed colours, materials and textures (i.e. a schedule and brochure/s or
sample board) are to be submitted to and approved by Council’s Director of
Planning & Environment, in accordance with section 80A (2) of the Environmental
Planning and Assessment Act 1979 prior to commencement of any building
works.
3. The proposed front fence shall have a maximum height of
1200mm to reduce the impact of the tall structure on the streetscape. Amended
fence details shall be submitted as part of the application for construction
certificate.
4. A dilapidation report prepared by a professional
engineer or suitably qualified and experienced building surveyor shall be
submitted to the certifying authority prior to the commencement of
demolition, excavation or building works detailing the current condition
and status of all buildings, including ancillary structures (i.e. including
dwellings, residential flat buildings, commercial/industrial building, garages,
carports, verandah’s, fences, retaining walls, swimming pools and driveways
etc.) located upon:
a) all of the
premises adjoining the subject site.
The report is
to be supported with photographic evidence of the status of the buildings and a
copy of the report must also be forwarded to the Council and to the owners of
each of the abovestated premises, prior to the commencement of any works.
5. The landscaping along the rear of the site towards the
south-eastern corner shall have a maximum height of 1m to ensure views for
neighbouring properties are not impacted upon. Details of the plantings to be
provided shall be submitted as part of the application for a construction
certificate.
6. The proposed upper level rumpus room shall be deleted from
the plans thereby lowering the overall height of the building to RL35.15.
Details to be submitted with the Construction Certificate Application.
Necessary internal arrangement to delete the access stairs shall also be
required.
7. The consumption of water within the building shall be
minimised by the use of triple A rated water efficient plumbing fixtures (taps
and shower roses) and water efficient dual flush toilets. Details of
compliance are to be provided in the construction certificate plans or
specifications.
8. All plumbing and drainage pipes, other than rain water
heads, gutters and downpipes, must be concealed within the building.
9. Street numbering must be provided to the premises in a
prominent position, to the satisfaction of Council.
10. The 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 paving or the like on the ground) without the written
consent of Council.
11. Where access is required to
adjoining premises for construction purposes, the written consent of the
owner/s of the subject adjoining premises must be provided to the satisfaction
of the Principal Certifying Authority, prior to carrying out any construction
works from or upon the adjoining premises.
12. Each dwelling must have a waste storage
cupboard in the kitchen sufficient to allow separation of garbage, recyclable
and compostable materials
13. Hot water pipes must be insulated in order
to minimise heat loss.
14. Landscaping shall be provided to the
site to enhance its amenity and reduce the impact of the development upon
neighbouring properties. A landscape plan shall be submitted to and approved by
the Director of Planning & Community Development, in accordance with
section 80A(2) of the Environmental Planning and Assessment Act 1979,
prior to a construction certificate being issued.
15. Landscaped areas must contain a
predominance of species that require minimal watering once established or
species with water needs that match rainfall and drainage conditions.
16. Landscaped areas must include an area
dedicated to on - site composting.
17. Porous paving shall be used in all
pathways. Details are to provided with the construction certificate application
The
following group of conditions have been applied to ensure that adequate
drainage is provided from the premises and to maintain adequate levels of
health and amenity in the locality:
18. Surface water/stormwater must be drained and discharged to
the street gutter and details are to be included in the construction
certificate details for the development.
Details of any
works proposed to be carried out in or on a public road/footway are to be
submitted to and approved by Council’s Director of Planning and Environment
prior to commencement of works.
19. External paths and ground surfaces are to be graded and
drained away from the building and adjoining premises in such a manner so as not
to result in the entry of water into a building, or cause a nuisance or damage
to the adjoining premises.
The
following conditions are applied to ensure that the development satisfies the
provisions of the Environmental Planning and Assessment Act 1979 and
Regulations:
20. All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
21. In accordance with clause 98 of the Environmental
Planning and Assessment Regulation 2000, it is a prescribed condition, that
in the case of residential building work, a contract of insurance must
be obtained and in force, in accordance with the requirements of the Home
Building Act 1989.
Where
the work is to be done by a licensed contractor, excavation or building work
must not be carried out unless the Principal Certifying Authority (PCA):
· has been informed
in writing of the licensee’s name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where
the work to be done by any other person (i.e. an owner builder), excavation or
building work must not be carried out unless the Principal Certifying
Authority:
· has been informed
of the person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $3,000.
Details of the
builder and compliance with the provisions of the Home Building
Act 1989 are to be submitted to Council prior to the commencement of works,
on the notice of appointment of the PCA / Intention to commence building work.
The
following conditions are applied to ensure that the development satisfies
relevant standards of construction, and to maintain adequate levels of health,
safety and amenity during construction:
22. All demolition work is to be carried out in accordance with
the provisions of AS2601-1991. The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person
and be submitted to the principal certifying authority, prior to the
commencement of any demolition works.
23. Prior to the commencement of any building works, 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 and Environmental Planning & Assessment Regulation
2000.
24. Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building
work must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
25. A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
26. The building works are to be inspected by the Principal
Certifying Authority (or other suitably qualified person, to the
satisfaction of the Principal Certifying Authority), to monitor
compliance with the relevant standards of construction and Council’s
development consent.
The Principal
Certifying Authority shall specify the relevant stages of construction to
be inspected and a satisfactory inspection must be carried out, to the
satisfaction of the Principal Certifying Authority, prior to proceeding
to the subsequent stages of construction or finalisation of the works (as
applicable).
Documentary
evidence of the building inspections carried out and compliance with Council’s
approval is to be maintained by the Principal Certifying Authority.
Upon
inspection of each stage of construction, the Principal Certifying Authority
(or other suitably qualified person, to the satisfaction of the Principal
Certifying Authority) is also required to ensure that adequate provisions
are made for the following measures (as applicable), to ensure
compliance with the terms of Council’s consent:
· Sediment control
measures.
· Provision of
perimeter fences or hoardings for public safety and restricted access to
building sites.
· Maintenance of the
public place free from unauthorised materials, sand, soil, debris, waste
containers or other obstructions.
27. 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 are to be properly guarded
and protected to prevent them from being dangerous to life or property.
28. Retaining walls or shoring 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, if
the soil conditions require it, and adequate provisions are to be made for
drainage.
Retaining walls and shoring are to be designed and installed
in accordance with the relevant requirements of the Building Code of Australia
and Australian Standards and details of any proposed retaining walls are to be
submitted to the Principal Certifying Authority for consideration prior to
installation.
29. A Registered Surveyor’s check survey certificate or compliance
certificate is to 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), detailing compliance with Council’s approval at the following
stage/s of construction:
Prior to
construction of the first completed floor/floor slab (prior to pouring of concrete),
showing the area of land, building and boundary setbacks and verifying that the
building is being construction at the approved levels.
a) On
completion of the erection of the building showing the area of the land, the
position of the building and boundary setbacks and verifying the building has
been constructed at the approved levels.
30. Building and demolition works must only be carried out
between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on
Sundays and public holidays, except with the specific written authorisation of
Council’s Manager of Environmental Health and Building Services.
31. A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case of
residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act 1989 and Regulations
32. Temporary toilet facilities are to be provided, at or in the
vicinity of the work site throughout the course of demolition and construction,
at the rate of one toilet for every 20 persons or part of 20 persons employed
at the site and the toilet facilities must be connected to a public sewer or
other sewage management facility approved by Council.
33. Noise emissions during the construction of the building and
associated site works must comply with the relevant provisions of the Protection
of the Environment Operations Act 1997 & the Noise Control Manual
published by the Environment Protection Authority, except as may be amended by
the conditions of this approval.
34. Public safety and convenience must be maintained at all
times during demolition, excavation and construction works.
35. A Road Opening Permit must be obtained from the Council and
other relevant Authorities prior to excavating or opening-up the road or
footway for services or the like.
Any damage
caused to the road or footway must be repaired immediately, to the satisfaction
of Council.
36. Any building/demolition works involving asbestos cement are
to be carried out in accordance with the Work Cover New South Wales “Guidelines
for Practices Involving Asbestos Cement in Buildings”.
37. A Construction Site Management Plan is to be submitted to
and approved by the principal certifying authority prior to the commencement
of demolition, excavation or building works. The site management plan must
include the following measures, as applicable to the type of development:
· location and construction of
protective fencing / hoardings to the perimeter of the site;
· location of site storage
areas/sheds/equipment;
· location of building materials for
construction;
· provisions for public safety;
· dust control measures;
· site access location and
construction
· details of methods of disposal of
demolition materials;
· protective measures for tree
preservation;
· provisions for temporary sanitary
facilities;
· location and size of waste containers/bulk
bins;
· details of proposed sediment and
erosion control measures;
· Construction noise and vibration
management.
The site
management measures are to be implemented prior to the commencement of any site
works and be maintained throughout the works, to maintain adequate levels of
public health and safety. A copy of the approved Construction Site Management
Plan must be maintained on site and be made available to Council officers upon
request.
38. During construction stages, sediment laden stormwater
run-off shall be controlled using the sediment control measures outlined in the
manual for Managing Urban Stormwater – Soils and Construction, published by the
NSW Department of Housing.
Details of the
proposed sediment control measures must be submitted to and approved by the
principal certifying authority prior to the commencement of any site works.
The sediment and erosion control measures must be implemented prior to the
commencement of any site works and a copy of the approved details must be made
available to Council officers upon request.
Details of
proposed sediment and erosion control measures shall include; a site plan;
indicating the slope of land, access points & access control measures,
location and type of sediment & erosion controls, location of existing
vegetation to be retained, location of material stockpiles and storage areas,
location of building operations and equipment.
39. Stockpiles of soil, sand, aggregate or other materials must
not be located on any drainage line, natural watercourse, footpath, roadway or
any public place and the stockpiles must be protected with adequate sediment
control measures.
Building
operations such as brick cutting, washing tools or equipment and mixing mortar
are not permitted on public footpaths, roadways, in any public place or any
location which may lead to the discharge of materials into the stormwater
drainage system.
40. Building materials, sand, soil, waste materials or
construction equipment must not be placed upon the footpath, roadway or nature
strip at any time and the footpath, nature strip and road must be maintained in
a clean condition and free from any obstructions at all times.
41. A warning sign for soil and water management must be
displayed in a prominent position on the building site, visible to both the
public and site workers. The sign must be displayed throughout the
construction period. Copies of a suitable warning sign are available at
Council’s Customer Service Centre for a nominal fee.
42. Bulk bins/waste containers must not be located upon the
footpath, roadway or nature strip at any time without the prior written consent
of the Council, unless the waste container is located upon the road in
accordance with the Roads & Traffic Authority Guidelines and Requirements,
and the container is exempt from an approval under Council’s Local Approvals
Policy.
43. 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
legislative requirements is an offence and may result in the commencement of
legal proceedings, issuing of `on-the-spot` penalty infringements or service of
a notice and order by Council.
44. The required Long Service Levy payment, under the Building
and Construction Industry Long Service Payments Act 1986, is to be forwarded to
the Long Service Levy Corporation or the Council, prior to the issuing of a
Construction Certificate, in accordance with Section 109F of the Environmental
Planning & Assessment Act 1979.
45. 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.
46. 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 stock
piles 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
stock piles of sand, soil and excavated material.
· Minimisation/relocation of stock piles of materials,
to minimise potential for disturbance by prevailing winds.
· Revegetation of disturbed areas.
47. During construction stages, sediment laden stormwater
run-off shall be controlled using the sediment control measures outlined in the
manual for Managing Urban Stormwater – Soils and Construction, published by the
NSW Department of Housing
Details of the proposed sediment control measures must be
submitted to and approved by the principal certifying authority prior to the
commencement of any site works. The sediment and erosion control measures
must be implemented prior to the commencement of any site works and a copy of
the approved details must be made available to Council officers upon request.
Details of proposed sediment and erosion control measures
shall include; a site plan; indicating the slope of land, access points &
access control measures, location and type of sediment & erosion controls,
location of existing vegetation to be retained, location of material stockpiles
and storage areas, location of building operations and equipment.
48. Public access to the site and building works, materials and
equipment on the site is to be restricted, when work is not in progress or the
site is unoccupied.
A temporary
safety fence is to be provided to protect the public, located to the perimeter
of the site (unless the site is separated from the adjoining land by an
existing structurally adequate fence, having a minimum height of 1.5 metres).
Temporary fences are to have a minimum height of 1.8 metres and be constructed
of cyclone wire fencing, with geotextile fabric attached to the inside of the
fence to provide dust control, or other material approved by Council.
Fences or
hoardings are to be structurally adequate and be constructed in a good and
workmanlike manner and the use of poor quality materials or steel reinforcement
mesh as fencing is not permissible.
Details of the proposed temporary fences located upon the
site are to be submitted to the principal certifying authority and the public
safety provisions and temporary fences must be in place prior to the
commencement of any demolition, excavation or building works and be maintained
throughout construction.
If it is proposed to locate any hoardings, site fencing
or amenities upon a footpath or public place, the written consent from
Council’s Building Services section must be obtained beforehand and detailed
plans are to be submitted to Council for consideration, together with payment
of the weekly charge in accordance with Council’s adopted fees and charges.
49. Any part of Council’s nature strip which is damaged as a
result of the work must be back-filled, top-soiled and re-turfed with kikuyu
turf prior to occupation or finalisation of the development, to Council’s
satisfaction.
The
following conditions are applied to ensure that reasonable levels of fire
safety are provided in the building:
50. Smoke alarms are required to be installed in each Class 1
building or dwelling in accordance with the relevant provisions of Part 3.7.2
of the B.C.A. – Housing Provisions.
Smoke alarms must comply
with AS3786 – Smoke alarms and be connected to the consumer mains electric
power supply and provided with a battery back-up.
The smoke alarms are to be
installed in suitable locations on or near the ceiling, in any storey containing
bedrooms; located between each part of the dwelling containing the bedrooms and
the remainder of the dwelling, or where bedrooms are served by a hallway, the
smoke alarms are to be located in that hallway; and smoke alarms are to be
installed in any other storey not containing bedrooms, to the satisfaction of
the certifying authority.
Smoke alarms are not to be
located in ‘dead-air-spaces’, in the corner junction of walls and ceilings
between exposed rafters/joists or at the apex of raked ceilings, as detailed in
Part 3.7.2 of the B.C.A. – Housing Provisions.
Details of compliance with
the provisions of the Building Code of Australia must be included in the plans
/ specification for the construction certificate.
The
following conditions are applied to ensure adequate environmental protection.
51. All hazardous or intractable wastes (including asbestos)
shall be removed and disposed of in accordance with the requirements of
WorkCover and the Environmental Protection Authority, and with the provisions of:
· Occupational
health and Safety Act 1983 (NSW)
· Construction
Safety Act 1912; Regulation 84A-J Construction Work Involving Asbestos or
Asbestos Cement 1983 (NSW)
· Occupational
Health and Safety (Hazardous Substances) Regulation 1996 (NSW).
· Occupational
Health and Safety (Asbestos Removal Work) Regulation 1996 (NSW); and
· Waste
Minimisation and Management Act 1995 and Regulations (NSW).
All site works
shall comply with the occupational health and safety requirements of the NSW
WorkCover Authority. In this regard all contractors and employees shall adopt
work practices in accordance with the requirements of WorkSafe’s Control of
Inorganic Lead at Work (NOHSC:102(1994) and NOHSC:2015(1994).
52. All site works shall comply with the occupational health and
safety requirements of WorkCover NSW.
53. 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.
54. The applicant is advised that the Construction Certificate
plans and specifications must comply with the provisions of the Building Code
of Australia (BCA) – Housing Provisions.
SECURITY DEPOSIT CONDITIONS
The
following conditions are applied to provide adequate security against damage to
Council’s infrastructure:
55. The following vehicular crossing deposit requirement is to
be complied with prior to a construction certificate being issued for the
development, as security for Council or a Council approved subcontractor to
construct the vehicular crossing.
a) $1000.00 - Vehicular
crossing deposit
The vehicular crossing
deposit may be provided by way of cash or cheque with the Council and is
refundable upon the completion of the Council vehicular crossing by Council or
a Council approved subcontractor.
TRAFFIC CONDITIONS/CIVIL WORKS CONDITIONS
The following conditions are applied to provide adequate
provisions for access, transport and infrastructure:
56. The applicant must meet the full cost for Council or a
Council approved contractor to:
a) Reconstruct concrete vehicular crossing and layback at kerb
to suit the new vehicular entrance to the site.
b) Remove any redundant portion of the existing concrete
vehicular crossing and layback and to reinstate the area with concrete
footpath, turf and integral kerb and gutter to Council's specification.
57. The applicant must meet the full cost for Council or a
Council approved contractor to repair/replace any damaged sections of Council's
footpath, kerb & gutter, nature strip etc which are due to building works
being carried out at the above site. This includes the removal of cement slurry
from Council's footpath and roadway.
58. The applicant shall note that all external work, carried out
on Council property, shall be in accordance with Council's Policy for
"Vehicular Access and Road and Drainage Works". An application for
the cost of the Council civil works is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design and supervision fee based on the lowest quotation from Council's
nominated contractor will be required to be paid prior to the commencement of
any works.
ALIGNMENT
LEVEL CONDITIONS
The following conditions are
applied to provide adequate provisions for future civil works in the road
reserve:
59. The Council’s Department of Asset & Infrastructure
Services has inspected the above site and have determined that the design
alignment level (concrete/paved/tiled level) at the property boundary for
driveways, access ramps and pathways or the like, must match the back of the
existing footpath along the full site frontage.
60. The design alignment levels (concrete/paved/tiled level)
issued by Council and their relationship to the 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.
61. The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued at
a prescribed fee of $215.00 calculated at $17.60 (inclusive of GST) per metre
of site frontage. This amount is to be paid prior to a construction certificate
being issued for the development.
Service Authority Conditions
The following conditions are applied to provide adequate
consideration for service authority assets:
62. A public utility impact assessment must be carried out on
all public utility services on the site, roadway, nature strip, footpath,
public reserve or any public areas associated with and/or adjacent to the
development/building works and include relevant information from public utility
authorities and exploratory trenching or pot-holing, if necessary, to determine
the position and level of service.
63. The applicant must meet the full cost for telecommunication
companies, gas providers, Energy Australia and Sydney Water to
adjust/repair/relocate their services as required. The applicant must make the
necessary arrangements with the service authority.
Landscape Conditions
The following conditions are
applied to provide adequate provisions for landscaping and to maintain
reasonable levels of environmental amenity:
64. That part of the naturestrip upon Council's footway which is
damaged during the construction of the proposed works 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 completed at the applicants expense prior to the
issue of a final Occupation Certificate.
65. The naturestrip upon Council's footway shall be maintained
by the applicant in accordance with Council guidelines. Such maintenance shall
include, but not be limited to, watering, mowing, fertilising, and the removal
of weeds.
Tree Management
66. Approval is granted for the removal of the following trees
subject to the planting of 3 x 75 litre broad canopied replacement trees (not
palms) within the site. The species selected shall be those that will attain a
minimum height of 6 metres at maturity.
a) Two (2) Pheonix canariensis (Canary Island Palm)
located towards the front of the site.
b) One (1) Ficus elastica (Rubber Tree) located towards
the northern boundary of the site.
c) One (1) Banksia integrifolia (Coast Banksia) located
towards the northern boundary of the site.
d) Two (2) Arecastrum romanzoffianum (Cocos Palm) located
towards the rear of the site.
67. Permission is granted for the removal of only those trees
falling within the area occupied by the approved works. Removal of the
remaining trees on the site are subject to separate application under the Tree
Preservation Order.
68. The applicant shall be required to ensure the retention and
long term health of all trees located on adjoining properties adjacent to the
proposed development. As a general guide there shall be minimal excavation or
root pruning within the dripline/s of the subject tree/s.
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.
Bushland Conditions
69. The following conditions are
applied to provide adequate provisions for the protection of Gordons Bay
Reserve and bushland:
70. The Applicant shall provide a
written report of any breaches of the Bushland Conditions to Council’s Bushland
Management Technician by the next business day after any breach has occurred.
The report shall be signed and dated and information in the report shall
include, but not necessarily limited to:
· The date of the breach;
· The nature, extent and degree of the breach;
· The cause of the breach;
· All persons involved in the breach, including: full first
and last names; contact number/s; organisation/s and reason/s for being
present;
· All witnesses to the breach, including: full first and last
names; contact number/s and organisation/s; and
· All plant, equipment, machinery, vehicles, substances, etc.
involved in the breach.
· If Council becomes aware of a breach of the Bushland
Conditions for which such a report has not been provided to Council, then
Council may request such a report, which shall then be provided to Council
within 24 hours.
71. All personnel employed in relation
to the development shall receive a site induction prior to their commencement
of work, which shall include:
· that no disturbance to, or removal of, vegetation or soils
shall occur within Gordons Bay Reserve, except in accordance with these
conditions;
· that no temporary or permanent placement or storage of any
items of plant, materials, tools, equipment, vehicles, etc. shall occur within
Gordons Bay Reserve;
· that access to Gordons Bay Reserve shall be restricted to
pedestrian traffic only and, in any case, shall be minimised;
· that no foreign matter, including, but not limited to:
water, cement wash, concrete, fill, soils, mulch, building materials,
chemicals, petroleum-based products, paint, etc., shall be disposed of in, or
placed in, or where they may enter, Gordons Bay Reserve;
· that contravention of any of the above shall be reported
immediately to the Applicant’s Project Manager by all persons involved in and
witnessing such a contravention.
72. All personnel who have completed
this induction shall sign an Induction Register stating that they have
completed the induction and that this included all the above information. The
Induction Register shall be available for inspection and reproduction at all
times by Council.
73. No disturbance to, or removal of,
any vegetation or soils shall occur within Gordons Bay Reserve as a result of
the proposed development. The only exceptions to this shall be:
· installation of protection fencing, as identified elsewhere
in these conditions;
· landscaping a two metre wide strip within Gordons Bay
Reserve, along the southern side of the proposed development, as identified
elsewhere in these conditions.
In all instances where disturbance to, or removal of,
vegetation or soils has occurred within Gordons Bay Reserve, all affected areas
shall be immediately repaired to their state prior to commencement of
development, as far as possible.
74. Pedestrian traffic to Gordons Bay
Reserve relating to the proposed development shall be minimised.
75. No foreign matter, including, but
not limited to: cement wash, concrete, fill, soils, mulch, building materials,
chemicals, petroleum-based products, paint, etc., shall be disposed of in, or
placed in, or where they may enter, Gordons Bay Reserve. In all instances where
such substances have been disposed of in, have been placed in, or have entered,
Gordons Bay Reserve, all affected areas shall be immediately repaired to their
state prior to commencement of development, as far as possible.
76. No temporary or permanent
placement or storage of any items of plant, materials, tools, equipment,
vehicles, etc. shall occur within Gordons Bay Reserve in relation to the
proposed development. The only exceptions to this shall be in relation to:
· installation of protection fencing, as identified elsewhere
in these conditions;
· landscaping a two metre wide strip within Gordons Bay
Reserve, along the southern side of the proposed development, as identified
elsewhere in these conditions.
77. In all instances where items have
been placed or stored within Gordons Bay Reserve, all affected areas shall be
immediately repaired to their state prior to commencement of development, as
far as possible.
78. A continuous, temporary 1800mm
high cyclone wire protection fence shall be installed within Gordons Bay
Reserve, within two metres of the entire southern boundary 11 Tower St. The eastern
end of this fence shall extend to within one metre from the public footpath on
the western side of Tower St. The western end of this fence shall turn to join the
boundary of 11 Tower St and 28A Battery St.
79. Silt fencing shall be
attached along the full length of the protection fencing and shall be maintained
so as to ensure that no foreign matter, including: sediment, concrete, fill,
soils, mulch, etc. passes the protection fence at any time. Silt fencing shall
be attached within 24 hours of any given section of the protection fence being
installed.
80. Council approved warning signs shall
be permanently attached (and immediately repaired and replaced as necessary) to
the protection fence at a maximum of 20 metre intervals. A final prototype of
the warning sign to be used shall be provided to Council’s Bushland Management
Technician for approval and shall be altered as required by the Bushland
Management Technician. Warning signs shall be attached within 24 hours of any
given section of the protection fence being installed. Warning signs shall
include at least all the following information:
· the presence of bushland in the Reserve;
· that no disturbance to, or removal of, vegetation or soils
shall occur within Gordons Bay Reserve;
· that no temporary or permanent placement or storage of any
items of plant, materials, tools, equipment, vehicles, etc. shall occur within
Gordons Bay Reserve;
· that no foreign matter, including water, cement wash,
concrete, fill, soils, mulch, building materials, chemicals, petroleum-based
products, paint, etc., shall be disposed of or placed in or where they may
enter Gordons Bay Reserve;
· relevant contact numbers, including the Applicant’s Project
Manager and Council’s Bushland Management Technician (Tel:9399-0683);
· that contravention of any of the above shall be reported
immediately to the Applicant’s Project Manager or Council’s Bushland Management
Technician.
81. Council’s Bushland Management
Technician shall inspect and, when satisfied, provide written confirmation that
the protection fencing, silt fencing and warning signs have been appropriately
installed, prior to commencement of any demolition, construction or earthworks.
82. No water, including, but not
limited to: run-off, stormwater, pool water, sprinklers, etc., shall be piped
into, directed into, or otherwise allowed to enter Gordons Bay Reserve via the
southern boundary of 11 Tower St, as may occur due to the proposed development. All hard
surfaces adjacent to Gordons Bay Reserve shall be designed to fall away from
the Reserve, i.e. back into 11 Tower St.
83. Water in the existing in-ground
pool shall not be disposed of into, or allowed to enter, Gordons Bay Reserve.
84. Measures shall be undertaken to
ensure that no stormwater or pool water is capable of entering Gordons Bay
Reserve from 11 Tower St, via existing pipes at any time in the future. The
Applicant shall submit to Council details of any methods to be employed to
undertake such measures, which are to be acceptable to Council, prior to a
construction certificate being issued for this application.
85. No gates or other access points
shall be incorporated into the southern boundary protection fence or permanent
fence/balustrade of 11 Tower St.
86. No weed control, planting or
mulching shall occur in Gordons Bay Reserve in relation to the proposed development.
The only exception to this shall be that, on completion of all construction
works, the area from the protection fence to the southern boundary of 11 Tower St shall be
made good and Stenotaphrum sp. (Buffalo Grass) turf shall be installed,
where required, in order to re-instate a complete cover of such turf within
this area.
87. No species, which may spread from
where they are planted into the local environment at any time in the future,
shall be used in landscaping. This includes: Cupaniopsis anacardioides
and Japanese Maple, as is proposed in the development application. Turf species
shall be restricted to Stenotaphrum spp. (Buffalo Grass).
88. No species, which have been
recorded as naturally occurring at Gordons Bay Reserve, shall be used in
landscape planting. This includes: Viola hederacea, Westringia sp., Lomandra
longifolia, Hibbertia scandens and Banksia integrifolia, as is
proposed in the development application.
89. A refundable deposit, in the form
of cash or cheque, for the amount of $7,000.00, shall be lodged with Council
prior to issuing of a construction certificate for this application. The
refundable deposit is placed as security to ensure that, subject to the works
required and/or authorised by this development consent, no detrimental
environmental effect occurs within Gordons Bay Reserve. The refundable deposit
will be released at the time of completion of all works, providing that no
detrimental environmental effect has occurred within Gordon’s Bay Reserve
throughout the construction works. Any contravention of Council's conditions
relating to bushland and/or Gordon’s Bay Reserve at any time during the
development may result in the Council claiming all or part of the lodged
security to the extent necessary to enable Council to carry out necessary
repair or ameliorative works within Gordon’s Bay Reserve.
ATTACHMENT/S:
A4 reduced plans
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………………………………
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………………………………
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SIMA TRUUVERT
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AOIFE WYNTER
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ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT
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ENVIRONMENTAL PLANNING OFFICER
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Acting Director Planning & Community Development's
Report 58/2003
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SUBJECT:
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8 - 12 Ascot Street, Kensington
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REPORT
BY: DIRECTOR PLANNING & COMMUNITY
DEVELOPMENT
INTRODUCTION:
Attached is the Director Planning
& Community Development's Report No. 18/2003 for Development Application
No. 955/02 of 8-12 Ascot Street, Kensington for the demolition
of three existing dwellings and construction of a three-storey multi-unit
housing development containing 16 x one-bedroom dwellings, 3 x two-bedroom
dwellings and 2 x three-bedroom dwellings with associated basement car parking.
1. EXECUTIVE
SUMMARY
This application was deferred from the Ordinary
Council Meeting held on 25 March 2003 to:
A) Allow the
applicant to submit fully dimensioned amended plans in accordance with the
sketch plans submitted by the applicant’s architect at the Council Meeting of
25th March, 2003 and numbered SK-008 which deletes one unit from the
top floor southern elevation and provides for the conversion of six single
bedroom units into two bedroom units and, further, that the amended plans
clarify compliance with:
a) storage
b) landscaping
c) set back
requirements
B) Allow the applicant to submit an adequate hydrological
study to establish that the application is not an integrated development; and
C) Allow for the amended plans, in deleting only one unit
and reconfiguring, to comply with the floor space ratio”.
The
application is now resubmitted for Council’s consideration and determination.
The revised proposal significantly amends the original application. Principal
amendments include a reduction in the total number of proposed dwellings, the
introduction of a mix of dwelling sizes, greater articulation of the building
height and elevations, additional soft landscaping, improvements to the façade
arrangement and alterations to the proposed driveway access.
In general
terms, the revised proposal has overcome the shortcomings of the original
application and generally satisfies the design quality requirements of SEPP 65
and Council’s DCP – Multi-Unit Housing. Several requirements to modify
detailed aspects of the proposed design are described in the body of this
report. It is considered that these matters may successfully be dealt with
through appropriate conditions.
An appeal has
been lodged with the Land and Environment Court on the basis of a deemed
refusal of the application and the matter has been set down for hearing to
commence on 20 August 2003. This report represents Council’s final opportunity
to consider the application prior to the commencement of Land and Environment
Court proceedings. The recommendation is for
approval subject to conditions of consent.
The
application is recommended for approval subject to conditions, including
deferred commencement conditions imposed to ensure appropriate building
finishes and materials, ensure an appropriate front fence design, mitigate
potential visual privacy impacts, optimise opportunities for controlled sunlight
access to dwellings and ensure an appropriate bulk and scale for the
development. .
2. THE PROPOSAL
The revised
proposal comprises a single building ranging between two and four above-ground
levels in height and containing 16 x one-bedroom dwellings, 3 x two-bedroom
dwellings and 2 x three-bedroom dwellings and 1 x basement level providing car
parking for 28 x vehicles. The revised proposal significantly modifies the
original application. Principal amendments include:
· a reduction in the total
number of proposed dwellings from 24 to 21 x dwellings;
· introduction of a mix of
one-, two- and three-bedroom dwelling sizes;
· greater articulation in
the height and side elevations of the building;
· additional soft landscaping
to demonstrate compliance with Council’s development standard;
· improvements to the
façade arrangement to achieve a better fit within the Ascot Street streetscape,
and
· modifications to the
proposed driveway levels, grades and width to satisfy Council’s standards.
The revised
proposal amends the three-storey height of the original application by reducing
the height of the building’s mid-section to two storeys and adding attic roof
space at either end of the building. The additional attic levels are limited
in size and provide additional bedroom space to facilitate the provision of
two- and three-bedroom dwellings on the upper floors of the building.
The revised
proposal generally maintains the pedestrian access arrangements of the original
application, with access to the dwellings provided from 2 x ground level entry
foyers located on the eastern side of the building. Lift access to the
basement car park is provided to the 8 x dwellings located within the rear
section of the building. Direct street access is provided to the 3 x dwellings
fronting Ascot Street at ground level to achieve continuity with the
established pattern of building openings along the southern side of Ascot
Street.
The total
number of on-site car parking spaces has been reduced from 30 to 28 x spaces in
accordance with Council’s DCP - Parking. Additional storage areas are provided
within the basement car park to satisfy the requirements of the Multi-Unit
Housing DCP.
The amendments
incorporated into the revised proposal are summarised in the table below:
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Recommended
reason for refusal
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Comment
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(a) The proposed development fails to
demonstrate design quality in accordance with the requirements of State
Environmental Planning Policy No. 65 – Design Quality of Residential Flat
Development.
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Improvements
to façade arrangement, building bulk, articulation of the building form,
provision of soft landscaping and dwelling mix are generally sufficient to
demonstrate design quality in accordance with SEPP 65. Refer to Section
8(b).
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(b) The proposed development fails to provide
a sufficient amount of landscaped area not located above podiums or excavated
basement areas in accordance with Clause 31(3) of the Randwick LEP 1998.
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Revised
proposal demonstrates compliance with Clause 31(3). Refer to Section 9.1.1.
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(c) The proposed development entails a gross floor
area that is in excess of the requirements of Clause 32 of the Randwick LEP
1998 and that is not justified under the terms of State Environmental
Planning Policy No. 1 – Development Standards.
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Proposed
floor space generally considered to be satisfactory. Refer to Section 9.1.2.
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|
(d) The proposed development fails to
demonstrate an acceptable level of site analysis in accordance with the
Council’s requirements.
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Revised
proposal demonstrates a sufficient greater degree of responsiveness to site
opportunities and constraints.
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(e) The proposed development has not adequately
addressed groundwater and flooding issues, or demonstrated that the proposal
does not constitute integrated development.
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Revised
proposal has been advertised as “integrated development” and referred to the
Department of Sustainable Resources and Conservation (formerly Department of
Land and Water Conservation). Refer to Section 6.3 – Drainage Issues.
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(f) The proposed development exhibits a building
bulk and scale that is excessive and out of character with the surrounding
built form context.
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Building
bulk has been significantly modified to achieve improved scale and
compatibility with surrounding development. Refer to Section 9.5.
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(g) The proposed development entails
unacceptable levels of overshadowing for neighbouring properties.
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Refer
to Section 9.3.1.
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(h) The proposed development does not comply
with the objectives or requirements of the Council’s building setback
provisions.
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Side
boundary setbacks have been amended to achieve greater articulation and
demonstrate compliance with Council’s minimum average setback controls.
Refer to Section 9.2.
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(i) The proposed development entails unacceptable
visual amenity impacts for the streetscape and neighbouring properties.
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Refer
to Sections 9.4 and 9.5.
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(j) The proposal exhibits an unacceptably poor
aesthetic quality that is undesirable and inconsistent with the streetscape.
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Refer
to Sections 9.4 and 9.5.
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(k) The proposal fails to provide an
appropriate mix of dwelling sizes suitable to the site and its context.
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The
proposed dwelling mix has been revised from the original 24 x one-bedroom
dwellings to incorporate 16 x one-bedroom, 3 x two-bedroom and 2 x
three-bedroom dwellings. The proposed dwelling mix is considered to be
acceptable. Refer to Section 9.8.
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(l) The proposal fails to meet the Council’s minimum
requirements for the provision of barrier-free access.
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Compliance
can be required as a condition of consent.
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(m) The proposed development does not provide
adequate storage space in accordance with the Council’s requirements.
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The
revised proposal incorporates separate storage areas within the basement car
park for 20 x dwellings. The revised storage areas are considered to be
acceptable.
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3. THE SUBJECT SITE AND SURROUNDING AREA:
The subject
site is located on the southern side of Ascot Street approximately midway
between Anzac Parade and Doncaster Avenue. The site comprises three allotments
at No. 8, 10 and 12 Ascot Street located opposite Kokoda Memorial Park. A full
site description is contained in the report to the Ordinary Council Meeting of 25 March 2003.
4. SITE HISTORY
a. APPLICATION HISTORY
The
application was submitted to Council on 9 October 2002. Amended plans were
submitted to Council on 6 February 2003 to increase the width of the driveway
and raise the ground floor level of the building in accordance with the
requirements of the Council’s Director of Asset & Infrastructure Services.
The application was deferred from the Ordinary
Council Meeting held on 25 March 2003 to:
A) Allow the applicant to
submit fully dimensioned amended plans in accordance with the sketch plans
submitted by the applicant’s architect at the Council Meeting of 25th
March, 2003 and numbered SK-008 which deletes one unit from the top floor
southern elevation and provides for the conversion of six single bedroom units
into two bedroom units and, further, that the amended plans clarify compliance
with:
a) storage
b) landscaping
c) set
back requirements
B) Allow the applicant to submit an adequate hydrological study
to establish that the application is not an integrated development; and
C) Allow
for the amended plans, in deleting only one unit and reconfiguring, to comply
with the floor space ratio”.
Additional
details and amended application drawings were submitted to Council on 11 April 2003, 28 April 2003, 23 June 2003, 10 July 2003 and *** July 2003. An appeal has
been lodged with the Land and Environment Court on the basis of a deemed
refusal of the application and the matter has been set down for hearing to
commence on 20 August 2003. The application is now resubmitted for the
Council’s consideration and determination.
5. COMMUNITY CONSULTATION:
The revised application has been notified and advertised as
“integrated development” in accordance with the Randwick Local Environmental
Plan 1998 and the Environmental Planning and Assessment Regulation 2000. 1 x
submission was received in response to the revised proposal. The submission is
summarised below:
5.1 Objections
1. R. Cresdee
65
Doncaster Avenue
KENSINGTON
2033
Concerns:
· Development exceeds
Council’s floors space standard.
· Development does not
seem to meet Council’s landscaped area standards.
· Proposed Colourbond
top storey is out of character with the neighbourhood. With Kokoda
Park opposite, the development will be very visible.
Response:
· The
applicant has submitted an objection to the strict compliance with Council’s
floor space standard pursuant to SEPP 1 (refer to Section 9.1.2).
· The
revised proposal satisfies Council’s landscaped area standards (refer to
Section 9.1.1).
· The
proposed curved roof arrangement for the attic roof space has been replaced with
a skillion roof arrangement more in keeping with the overall building design
and the established built form character of the locality (refer to Section
9.4).
2 x
submissions were received in response to the original application. The issues
raised in these submissions are summarised below:
Concerns:
· Development lacks an
appropriate mix of dwelling sizes.
· Development will
create additional traffic and parking pressure on surrounding streets.
· Loss of sunlight to
rear yard of properties fronting Bowral Street and Ascot
Street.
· Design is out of character
with the area.
· Development will
reduce visual privacy for adjoining properties.
Response:
· Revised proposal
includes a mix of dwelling sizes (refer to Section 9.8).
· Proposed on-site car
parking is provided in accordance with DCP - Parking (refer to Section 9.7).
· The proposal will
decrease direct sunlight access to adjoining properties (refer to Section
9.3.1).
· Revised proposal is
considered to suitably reflect the local built form character (refer to Section
9.4).
· Revised proposal is capable
of preserving reasonable levels of visual privacy for adjoining properties
(refer to Section 9.3.2).
6. TECHNICAL OFFICERS COMMENTS
The
application has been referred to the relevant technical officers, including
where necessary external bodies and the following comments have been provided:-
6.1 Building and Construction Issues
The Building Code of Australia classifies the proposal as:
- Class 2 - Residential Units, and
- Class 7 - Basement Car Park.
Relevant conditions of consent are attached to the recommendation to
this report.
6.2 Landscape Issues
Council’s Director of Asset & Infrastructure Services has provided
the following advice in relation to landscape:
There are several trees, covered by Council’s Tree
Preservation Order that may be affected by the proposed works, including:
12 Ascot Street
a) One Olea species (Olive Tree)
located along the western property boundary between the existing dwelling and
the fence. This tree is approximately 6 metres tall and in reasonable health,
however, it is poorly located and also an environmental weed within the City of
Randwick. As such permission should be granted for the
removal of this tree.
b) One Cinnamomum camphora
(Camphor Laurel) located along the western property boundary
between the existing dwelling and the fence. This tree is approximately 8
metres tall and in reasonable health, however, it is poorly located and also an
environmental weed within the City of Randwick. As such
permission should be granted for the removal of this tree.
10 Ascot Street
a) One Melia azedarach (White Cedar) located
along the eastern property boundary within the rear yard. This tree is
approximately 8 metres tall and in average health. Permission should be granted
for the removal of this tree, subject to the planting of one replacement tree
within the site.
b) One Dead Tree located towards the rear
property boundary. This tree is approximately 8 metres tall and permission
should be granted for its removal.
8 Ascot Street
a) Three Cupressus species (Cypress Pines) located within the rear yard, around the existing pool. These
trees are between 8 and 10 metres tall but are poorly located hard up against
the existing in ground pool. Two of the trees are shown for retention on the
plans but it is considered that the excavation required for the removal of the
pool will have an adverse effect upon the health of these trees. Permission
should be granted for the removal of these trees, subject to the planting of
three large replacement trees within the site.
b) One Arecastrum romanzoffianum (Cocos
Palm) located within the rear yard, around the existing pool. This palm is
approximately 10 metres tall and in reasonable condition, however, it is not a
significant specimen and as such permission should be granted for the removal
of this palm.
c) One Howea forsterana (Kentia Palm)
located within the rear yard, around the existing pool. This palm is
approximately 6 metres tall and in reasonable health however, it is not a
significant specimen and as such permission should be granted for the removal
of this palm.
6.3 Drainage
Issues
Council’s
Director of Asset & Infrastructure Services has provided the following
advice in relation to drainage:
On site stormwater detention is required for this
development.
· Stormwater Inundation
Comments
The subject
development site is located in an area that may be subject to stormwater
inundation during major storm events.
To minimize
the potential for stormwater to enter the subject development, the applicant
shall either:
1. Raise
the ground floor levels to a minimum RL 27.85 (A.H.D) (i.e. a minimum of
450mm above the back of the footpath along the site frontage) and construct a
high point in the driveway (and all other access points to the basement
carpark) to at least RL 27.60 (AHD).
OR
2. Undertake
a suitable floodstudy to determine accurate 1 in 100 year flood levels for the
site and raise the floor level of all habitable and storage areas a minimum of
300mm above these levels and construct a high point in the driveway (and all
other access points to the basement carpark) at least 150mm above the flood
levels.
The amended plans submitted show the habitable floor
levels at RL 27.85, as required, and the driveway detail faxed to Council on 10/7/2003
shows a high point at RL 27.6. Given that the applicant has submitted
at least 6 different driveway profiles for the subject site in an effort to
address Council’s earlier concerns a condition requiring a detailed submission
of the proposed driveway profile , (to be approved prior to the issuing of a
construction certificate), has been included in this report.
6.4 Groundwater
Issues
Council’s
Director of Asset & Infrastructure Services has provided the following
advice:
In support of this application, (submitted with an
earlier proposal), the applicant submitted a Geotechnical and Hydrogeological
Investigation report dated 8/4/2003, (prepared by A Zenon of Jeffery and
Katauskas Pty Ltd). The following is a summary of the key issues arising from
this report as they relate to groundwater:
· Groundwater in Borehole 5 was encountered at a depth
of approximately 3.1metres.
· Surface level at Borehole 5 appears to be RL 27.37.
Groundwater was therefore encountered at RL 24.27.
· Based on the current plans the basement slab level
is RL 25.19 and the estimated base of excavation level is approximately RL
24.69.
· The groundwater level is therefore approximately
400mm below the base of the excavation.
Following
receipt of the geotechnical/groundwater report contact was made with the
engineer responsible for the report (A Zenon of Jeffery and Katauskas
Pty Ltd) and he confirmed that the groundwater levels can fluctuate and that at
any particular time in the future the level of the groundwater may be such that
dewatering of the site for construction purposes may be required.
Following
receipt of the geotechnical/groundwater report contact was also made with
hydrogeologists from the DLWC and they acknowledged/stated that the groundwater
level can fluctuate in response to the prevailing climatic and seasonal
conditions preceding and at the time of undertaking the excavation works. They
also indicated that any required site dewatering would need to be the subject
of DLWC approval and a license agreement would be required.
The
proposed method for constructing the basement carpark walls will need to
address concerns about possible future groundwater discharge.
The DEPCD
referred the current application to the DLWC for comment/recommended
conditions. At the initial time of preparing this report the DLWC had not
advised Council of their requirements, (Council officers made a number of
enquiries/requests regarding the application and the need for DLWC input into
any development consent for the site). On 31/7/2003 a letter was received from DLWC, (copy attached), and conditions have been included in
this report aimed at addressing the comments/recommendations of the DLWC.
6.5 Traffic/Parking Issues
Council’s Director of Asset & Infrastructure Services has provided
the following advice:
The average traffic generation for
the proposed residential development consisting of 21 residential units will be
in the range of 84 to 105 vehicle movements per day.
The expected peak flow volume of
approximately 11 vehicles per hour is considered low and no delays should be
experienced in Ascot Street or the surrounding streets as a result of this
development.
All new walls adjacent to vehicular crossings must be lowered to a
height of 600mm above the internal driveway level or splayed 1.5 metre by 1.5
metre so that a driver of a stopped vehicle 2 metres behind the street boundary
line can observe pedestrians up to 2 metres from the crossings. Details are to
be submitted to the Certifying Authority prior to the release of the
construction certificate showing compliance with this condition.
The internal driveway must be a minimum of 5.0 metres wide for the
first 5 metres inside the property and a minimum clear width of 3.0 metres at
all other points along the driveway..
Parking Comments
The parking requirement as per Council’s DCP-Parking
is:
16*1 = 16
3*1.2 = 3.6
2*1.5 = 3.0
Visitor spaces = 21/4 = 5.25
The total number of spaces required is therefore 28 and the applicant
has provided a total of 28 spaces, (5 visitor spaces have been provided as
required).
The carparking layout, (i.e aisle widths and spaces), is in general
compliance with Council’s DCP-Parking and the relevant sections of AS
2890.1-1993 however the following end bay spaces and enclosed spaces/spaces
adjacent to walls are deficient in width:
Carspaces
1, 9, 10 and 16.
It is
recommended that the DEPCD give consideration to adding the following clause to
the end of Condition 10 of this report:
The applicant shall note that carspaces 1, 9, 10 and 16 must be a
minimum clear width of 3.0 metres wide and that any adjustment to other
carspaces required to achieve this widening must be in strict accordance with
Figure 2.2 of AS 2890.1 – 1993, (this allows for standard carspaces to be 2.4
metres by 5.4 metres subject to aisle widths being a minimum of 6.2 metres).
The walls adjacent to carspace 1 shall be splayed only as required to
accommodate the proposed internal driveway, (a standard corner shall be
constructed where possible). The applicant shall liaise with Council’s
Development Engineer regarding the carpark layout prior to preparation of the
construction certificate plans.
6.6 Department of Infrastructure, Planning and Natural
Resources
Due to potential de-watering requirements, the proposal was referred as
“integrated development” to the Department of Infrastructure, Planning and
Natural Resources (formerly the Department of Land and Water Conservation).
The Department has provided the following comments:
Technical documentation has been reviewed by the Department
concerning the abovementioned matter. A report dated 8th April 2003 was prepared
by Jeffery and Katauskas Pty Ltd for Soraya Pty Ltd concerning the geotechnical
and groundwater conditions beneath the site.
The technical information presented has enabled the Department to
issue General Terms of Approval (GTA) for a temporary water licence for
dewatering, all of which must be included as part of any consent given by
Council.
It is noted that based on the results of the Jeffery and Katauskas
investigation, the groundwater level is likely to be 0.55 metres below the base
of the excavation. Hence, site dewatering is unlikely to be required to provide
a workable base. However, actual depth to groundwater levels should be based on
long-term monitoring.
Monitoring of groundwater
levels is noted in the accompanying report but it is not discussed in any
detail. Monitoring of groundwater levels onsite and will be required to
confirm the predictions presented and efficacy of engineering controls.
General
Terms of Approval have been prepared (in the event that dewatering is
necessary) as per the attachment.
It is
recommended that these comments be considered or incorporated in any
determination.
The
Department’s General terms of Approval are attached as conditions to the
recommendation to this report.
7. MASTER PLANNING REQUIREMENTS
A
master plan is not required as the site is less than 4,000m˛ in area.
8. RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS
The
Development application has been assessed in accordance with the provisions of
the following relevant planning documents:
- Environmental Planning and Assessment Act 1979 (as amended)
- State Environmental Planning Policy No.1- Development Standards
(SEPP 1)
- State Environmental Planning Policy No.65 - Design Quality of
Residential Flat Development (SEPP 65)
- Randwick Local Environmental Plan 1998
- Building Code of Australia
(a) Randwick Local Environmental Plan 1998
The site is
zoned Residential 2C under Randwick Local Environmental Plan 1998 and the
proposed activity is permissible with Council’s consent. The following Clauses
of the LEP 1998 apply to the proposal:-
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Clause
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Requirement
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Original Application
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Revised Application
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Compliance
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30 – Min. Lot Size
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N/A
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1,321.2m˛
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1,321.2m˛
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N/A
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31 - Landscape Area
|
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Clause 31(2)
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50% of site area (660.6m˛)
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53% (698.8m˛)
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53% (695.5m˛)
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Yes
|
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Clause 31(3)
|
|
|
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Yes
|
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32 - FSR
|
0.9:1 (1,189.1m˛)
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1.17:1 (1,544.2m˛)
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1.14:1 (1,509.6m˛)*
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No (SEPP 1)
|
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33 - Building Height
|
|
|
|
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Clause 33(2)
|
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10.20m
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11.93m
|
Yes
|
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Clause 33(4)
|
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10.20m
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11.73m
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No (SEPP 1)
|
* Revised
Floor Space has been calculated in accordance with the revised definition for
gross floor area introduced by Randwick LEP 1998 (Amendment No. 23) gazetted on
9 May 2003.
(b) State Environmental Planning Policy No. 65 – Design Quality of
Residential Flat Development
The proposal is defined as “residential flat
development” for the purposes of SEPP 65. Clause 30(2) of SEPP 65 requires
the Council to consider: (1) design quality of the development when evaluated
in accordance with the design quality principles described in the SEPP, and (2)
the publication Better Urban Living: Guidelines for Urban Housing in NSW
(Department of Urban Affairs and Planning and NSW Government Architect). An
evaluation of the proposal in accordance with the design quality principles is
included below.
Principle
1: Context
Good design
responds and contributes to its context. Context can be defined as the key
natural and built features of an area.
Responding
to context involves identifying the desirable elements of a location’s
character or, in the case of precincts undergoing a transition, desired future
character as stated in planning and design policies. New buildings will
thereby contribute to the quality and identity of the area.
The revised
proposal demonstrates a façade configuration and street address that maintain
the established pattern of development within Ascot Street and that are
consistent with the desired future character of the adjoining Kensington Town
Centre precinct. The proposed building form is suitably articulated to prevent
any unreasonable amenity impacts for adjoining properties and is considered to
be consistent with the site’s context.
Principle 2: Scale
Good design
provides an appropriate scale in terms of the bulk and height that suits the
scale of the street and the surrounding buildings.
Establishing an appropriate scale requires a
considered response to the scale of existing development. In precincts
undergoing a transition, proposed bulk and height needs to achieve the scale
identified for the desired future character of the area.
The proposed
bulk and scale are generally consistent with the established pattern of
development in the locality and the desired future character of the adjoining
Kensington Town Centre precinct. Minor modifications to the rear boundary
setbacks for the proposed rear attic level are recommended to ensure an
appropriate building scale (refer to Section 9.5 – Building Bulk and Scale).
Principle 3: Built form
Good design
achieves an appropriate built form for a site and the building’s purpose, in
terms of building alignments, proportions, building type and the manipulation
of building elements.
Appropriate
built form defines the public domain, contributes to the character of
streetscapes and parks, including their views and vistas, and provides internal
amenity and outlook.
The revised
proposal introduces greater articulation to the building height and side
elevations. This has resulted in a distribution of building bulk across the
site that is able to effectively preserve reasonable levels of amenity for
adjoining residential properties, retain greater consistency with the built
form character of the locality and increase the number of dwellings with high
quality sunlight access and natural ventilation. The proposed built form is
generally considered to be appropriate. Minor modifications to the internal
layouts of proposed Units No. 8 and No. 16 are recommended (refer to Section
9.3.1 – Overshadowing and Sunlight Access).
Principle 4: Density
Good design
has a density appropriate for a site and its context, in terms of floor space
yields (or number of units or residents).
Appropriate
densities are sustainable and consistent with the existing density in an area
or, in precincts undergoing a transition, are consistent with the stated
desired future density. Sustainable densities respond to the regional context,
availability of infrastructure, public transport, community facilities and
environmental quality.
The proposed
number of dwellings has been reduced from 24 to 21 x dwellings. The revised
proposal also introduces a mix of dwelling sizes considered to be appropriate
to the site’s location in proximity to the Kensington Town Centre. The
proposal exceeds Council’s floor space standard, however it is considered to
represent an appropriate density of development. This proposed non-compliance
with the floor space standard is addressed in Section 9.1.2 to this report.
Principle 5: Resource, energy and water efficiency
Good design
makes efficient use of natural resources, energy and water throughout full life
cycle, including construction.
Sustainability
is integral to the design process. Aspects include demolition of existing
structures, recycling of materials, selection of appropriate and sustainable
materials, adaptability and reuse of buildings, layouts and built form, passive
solar design principles, efficient appliances and mechanical services, soil
zones for vegetation and reuse of water.
The revised
proposal significantly improves opportunities to provide high quality sunlight
access and natural ventilation to dwellings. Minor modifications to the
internal layouts of proposed Units No. 8 and No. 16 are recommended (refer to
Section 9.3.1 – Overshadowing and Sunlight Access).
Principle 6: Landscape
Good design
recognises that together landscape and buildings operate as an integrated and
sustainable system, resulting in greater aesthetic quality and amenity for both
occupants and the adjoining public domain.
Landscape design builds on the existing site’s
natural and cultural features in responsible and creative ways. It enhances
the development’s natural environmental performance by co-ordinating water and
soil management, solar access, micro-climate, tree canopy and habitat values.
It contributes to the positive image and contextual fit of development through
respect for streetscape and neighbourhood character, or desired future
character.
The revised
proposal satisfies Council’s relevant landscaped area standards. The proposed
building form is sufficiently articulated to enable development to incorporate
high quality landscaping and open space at ground level. The provision of a
detailed landscape plan can be required as a condition of consent.
Principle 7: Amenity
Good design
provides amenity through the physical, spatial and environmental quality of a
development.
Optimising
amenity requires appropriate room dimensions and shapes, access to sunlight,
natural ventilation, visual and acoustic privacy, storage, indoor and outdoor
space, efficient layouts and service areas, outlook and ease of access for all
age groups and degrees of mobility.
The revised
proposal significantly improves opportunities to provide high quality sunlight
access, natural ventilation and outlook to dwellings. Minor modifications to
the internal layouts of proposed Units No. 8 and No. 16 are recommended (refer
to Section 9.3.1 – Overshadowing and Sunlight Access).
Principle 8: Safety and security
Good design
optimises safety and security, both internal to the development and for the
public domain.
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This is achieved by maximising overlooking of public
and communal spaces while maintaining internal privacy, avoiding dark and
non-visible areas, maximising activity on streets, providing clear, safe
access points, providing quality public spaces that cater for desired
recreational uses, providing lighting appropriate to the location, and clear
definition between public and private spaces.
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The proposal
provides opportunities for high levels of casual surveillance of Ascot Street
and Kokoda Memorial Park. The proposed access arrangements are considered to
be adequately safe and secure.
Principle 9: Social dimensions
Good design responds to the social context and
needs of the local community in terms of lifestyles, affordability, and access
to social facilities.
New
developments should optimise the provision of housing to suit the social mix
and needs in the neighbourhood or, in the case of precincts undergoing
transition, provide for the desired future community.
The revised
proposal introduces a mix of one-, two- and three-bedroom dwelling sizes. The
proposed mix is acceptable and suitable for the site’s location in proximity to
the Kensington Town Centre.
Principle 10: Aesthetics
Quality aesthetics require the appropriate
composition of building elements, textures, materials and colours and reflect
the use, internal design and structure of the development. Aesthetics should
respond to the environment and context, particularly to desirable elements of
the existing streetscape or, in precincts undergoing transition, contribute to
the desired future character of the area.
The revised
proposal significantly improves the aesthetic quality of the original
application. Measures include the introduction of greater articulation to the
building form and amendments to the façade arrangement to achieve a more
coherent and appropriate presentation to the street. The proposal is
considered to demonstrate an acceptable level of aesthetic quality.
8.1 Policy Controls
a. Development Control Plan – Multi Unit Housing
The
provisions of the Multi-Unit Housing DCP relevant to the revised proposal are
summarised below.
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CONTROLS
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PERFORMANCE REQUIREMENTS
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PREFERRED SOLUTIONS
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COMPLIANCE
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site
planning
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P1 All development
applications must be accompanied by a Site Analysis Plan which identifies
development opportunities and constraints for the site. The plan is to
demonstrate that these factors have been instrumental in shaping the design
of the proposed development.
P2 Development sites have
appropriate areas and dimensions to allow for the satisfactory siting of
buildings and ensure adequate separation between buildings.
Building design is related
to the size, shape and dimensions of the site.
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S2 Sites are of a regular
shape and have a frontage of at least 20m.
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Complies
Revised proposal demonstrates
an acceptable level of response to site constraints and opportunities,
including site dimensions, adjoining building forms, street character and
orientation.
Complies
Site has a frontage of
30.5m.
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building
height
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P1 Heights of walls, their
location and orientation do not cause substantial adverse impacts on the
streetscape or adjoining properties, particularly in relation to privacy,
solar access and building bulk.
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Complies
Refer to Section 9.1.3.
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P2 Variations in massing and
height create visual interest, distribute the bulk of the building and
minimise amenity impacts on adjoining properties and the streetscape.
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Complies
Revised building design
substantially modifies the building bulk. Refer to Section 9.5.
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BUILDING
SETBACKS
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Front boundary setbacks
P1 The front setback is determined by the existing
and desired character of the streetscape.
The setback is to be
consistent with the setback of adjoining development or the dominant setback
along the street.
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Complies
Proposed front setback is
compatible with established street pattern.
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Side
boundary setbacks
P2 Buildings are set back
from the side boundary to ensure that:
· there is adequate separation between buildings to
maintain reasonable levels of solar access and minimise overshadowing.
· reasonable levels of privacy between neighbouring
dwellings and their open spaces are provided.
· opportunities for landscaping and private open space
are provided.
· streetscape amenity is maintained.
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S2 Zone 2C
Buildings (including
balconies) maintain a minimum average setback (measured for the length of the
building along that boundary) of 5 metres from any side boundary.
No part of the building is
closer than 3.5 metres from any side boundary.
The maximum length of any
one section of wall (without any articulation) is 10 metres. The minimum
length of any step is 3 metres.
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Eastern side– Ground
floor
Does
not comply
· Average setback – 6.4m
· Minimum setback – 3.7m.
· Maximum length of unarticulated wall – 13.1m.
Eastern
side– First floor
Does
not comply
· Average setback – 5.6m
· Minimum setback – 3.7m.
· Maximum length of unarticulated wall – 10.7m.
Eastern
side– Second floor
Does
not comply
· Average setback – 6.2m
· Minimum setback – 3.7m.
· Maximum length of unarticulated wall – 10.6m.
Eastern
side– Third floor
Complies
· Average setback – 5.8m
· Minimum setback – 5.4m.
· Maximum length of unarticulated wall – 6.9m.
Western
side– Ground floor
Complies
· Average setback – 5.7m.
· Minimum setback – 4.1m.
· Maximum length of unarticulated wall – 8.6m.
Western
side– First floor
Does
not comply
· Average setback – 6.0m Minimum setback – 4.1m.
· Maximum length of unarticulated wall – 10.7m.
Western
side– Second floor
Does
not comply
· Average setback – 6.2m Minimum setback – 4.1m.
· Maximum length of unarticulated wall – 10.7m.
Western
side– Third floor
Complies
· Average setback – 6.3m Minimum setback – 5.9m.
· Maximum length of unarticulated wall – 6.9m.
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Rear
Boundary Setbacks
P3 Buildings are set back from the rear boundary to
ensure that:
· there is adequate separation between buildings to
maintain reasonable levels of solar access and minimise overshadowing.
· reasonable levels of privacy between neighbouring
dwellings and their open spaces are provided.
· opportunities for landscaping, communal recreation
facilities and outdoor clothes drying spaces are provided.
Buildings are built across a
site rather than down its length.
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S3 Zone 2C
Buildings (including
balconies) maintain a minimum average setback (measured for the length of the
building along that boundary) of 8 metres from the rear boundary.
No part of the building is
closer than 6 metres from the rear boundary.
The maximum length of any
one section of wall (without any articulation) is 10 metres. The minimum
length of any step is 3 metres.
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Ground
floor
Does not comply
· Average setback - 8.8m.
· Minimum setback – 7.7m.
· Maximum length of unarticulated wall – 18.5m.
First
floor
Does
not comply
· Average setback - 7.4m.
· Minimum setback – 5.8m.
· Maximum length of unarticulated wall – 22.4m.
Second
floor
Does
not comply
· Average setback - 11.4m.
· Minimum setback – 10.9m.
· Maximum length of unarticulated wall – 19.2m.
Third
floor
Does
not comply
· Average setback - 11.4m.
· Minimum setback – 10.9m.
· Maximum length of unarticulated wall – 19.2m.
Refer
to Section 9.2.
Complies
Proposal substantially
revises the building form proposed in the original application. Refer to
Section 9.5.
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 DENSITY
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P1 Building bulk is
compatible with surrounding built forms and minimises impact of building bulk
on nearby buildings, open spaces and the streetscape.
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Complies
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FENCES
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P1 Front fences integrate
with the local streetscape, complement the architectural design of the
building and fence design features of the locality.
Entrances to the site and
buildings are highlighted.
Planting is used to soften
impacts of front fences and provide additional privacy.
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S1 Solid front fences
facing the street are no higher than 1.2 metres. This may be increased to 1.8
metres where the fence has openings that make it at least 50 % transparent.
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Complies
Details of the proposed
fence design and finishes for Council’s approval can be required as a
condition of consent.
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LANDSCAPE
& private OPEN SPACE
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Landscaped Area
P1 Landscaped areas are of
sufficient size to enable the space to be used for recreational activities,
or be capable of growing substantial vegetation.
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S1 The minimum dimension
for an area of land included in calculations for the landscaped area
requirements is 2 metres.
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Complies
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Private Open Space
P3 Private open space:
· provides privacy for its users;
· is readily accessible from the main living areas of
the dwelling so that it can become an extension of the dwelling,
· provides opportunities for outdoor recreation and
living.
P4 Private open space may
only be provided between the front of the building and the street where
building setback and front fence design achieve a sympathetic relationship
with the street.
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Complies
Complies
Proposal includes separate
street access and ground level private open space within the front setback
for 3 x dwellings. Details of the proposed fence design and finishes for
Council’s approval can be required as a condition of consent.
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Flats and apartments
P6 Each dwellings has
access to an area of private open space in the form of a courtyard, balcony,
deck or roof garden, accessible from within the dwelling.
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S6 Private open space for
flats and apartments has a minimum area of 8m2 and a minimum
dimension of 2 metres.
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Complies
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VIEW SHARING
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P1 The design and location
of buildings takes existing topography, vegetation and surrounding
development into account as a basis assessing effect on view.
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Complies
Proposal will not diminish
any significant views from adjoining properties.
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SOLAR ACCESS AND ENERGY
EFFICIENCY
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Solar Access to
Neighbouring Properties
P1 The design, orientation
and siting of new buildings and landscaping minimises loss of solar access to
neighbouring properties.
P1.2 Living areas of
neighbouring dwellings do not have access to sunlight reduced to less than 3
hours per day.
P1.3 At least 50% of the
principal landscaped areas of neighbouring dwellings does not have access to
sunlight reduced to less than 3 hours per day.
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Complies
Proposal maintains
reasonable levels of direct sunlight access to neighbouring properties.
Complies
Sunlight access to the
living areas of neighbouring dwellings is maintained as far as may be
reasonably expected. Proposal is consistent with the DCP’s objectives.
Complies
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Building Layout, Design
and Construction
P4 Buildings and outdoor
spaces are designed to protect from prevailing strong winds and adverse
weather conditions.
Living areas are orientated
to the north with access to winter sun and summer shade.
Larger windows are located
on the north side where they are exposed to the lower winter sun, but can be
shaded by roof eaves, verandahs or balconies from high summer sun. Windows
are protected with effective shading devices such as verandahs, hoods and
external screens.
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S4 75% of dwellings in a
development achieve 3.5 star rating by NatHERS or equivalent and no dwelling
achieves less than 3 stars, unless the site analysis can demonstrate that
this is not achievable on a particular site and an Energy Performance
Statement demonstrates that the design of the dwelling units satisfies the
intent of these objectives and performance criteria.
The NatHERS rating for each
dwelling (on a typical unit basis) is provided with the application.
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Complies
Submission of NatHERS
certificate demonstrating 3.5 star rating for the development can be required
prior to the issue of a Construction Certificate as a condition of consent.
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PARKING
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P2 The design of parking
areas gives consideration to the need to provide parking spaces capable of
use by people with a disability.
P3 Accessible, safe and
secure storage for bicycles are provided.
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Complies
1 x disabled car space
provided within basement car park adjacent to lift.
Complies
Space for
bicycle rack is included within the proposed basement car park.
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DRIVE-WAYS
AND turning AREAS
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P4 Clearance between
boundaries and driveways, access ways and parking spaces is of sufficient
width to enable landscaping and screen planting.
P6 Driveway gradients are
designed for vehicle and pedestrian safety. Potential for vehicles to scrape
at gradient changes is avoided.
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S4 Driveways have a minimum
width of 3 metres and are located at least 1 metre from any side or rear
boundary fence.
S6 Driveway gradients do
not exceed 1 in 6. For long ramps (greater than 20 m) a maximum gradient of
1 in 5 can be used with suitable transition grades as outlined in Council’s
Parking DCP.
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Complies
Complies
Proposed maximum driveway
gradient is 1:6 (16.7%).
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STORAGE
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P1 Development provides for
readily accessible and separately contained storage areas for each dwelling.
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S1 10m˛ of storage space is
provided for each dwelling with a minimum clearance height of 2.1m.
At least 50% of the storage
space is within the dwelling and is readily accessible from either the
hallway or main living area of that dwelling.
Storage facilities may be
provided in basement or sub-floor areas, or attached to garages.
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Complies
Proposal includes storage
areas within dwellings and separate storage within the basement car park for
20 x dwellings.
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BARRIER-FREE ACCESS
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P2 Access for people with a
disability is provided to and within one dwelling at the following rates:
0 – 14 dwellings 0
15 – 29 dwellings 1
30 – 44 dwellings 2
45 – 60 dwellings 3
P3 Each dwelling that is
designed for people with a disability has a corresponding parking space
designed for people with a disability.
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Complies
Proposal is required to
provide at least 1 x dwelling demonstrating suitable access for people with a
disability. Dwellings located in the building’s rear section have lift
access and are capable of being adapted for barrier-free access.
Complies
1 x car space is proposed to
be provided within the basement car park adjacent to the lift and with
dimensions suitable for providing equitable access.
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b. Development Control Plan - Parking
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Standard
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Requirement
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Provided
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Compliance
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Car Parking
(a) Number of spaces
(b) Parking layout
(c) Bicycle Storage
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One-bedroom
units:
1 x space per
dwelling
(16 x spaces)
Two-bedroom
units:
1.2 x spaces
per dwelling (4 x spaces)
Three-bedroom
units:
1.5 x spaces
per dwelling (3 x spaces)
1x visitor
space per 4 dwellings
(5 x spaces)
TOTAL SPACES
REQUIRED = 28
Unenclosed
spaces 2.5m x 5.5m minimum
End bay spaces
3.0m x 5.5m minimum.
Disabled spaces
3.2m x 5.5m
Maximum ramp
gradient 1:6 (16.7%)
1 x space per 3
x dwellings plus 1 x visitor space per 10 x dwellings
(9 x bicycle
spaces)
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28 x SPACES
2.5m x 5.5m
2.8m x 5.5m.
3.2m x 5.5m
1:6 (16.7%)
Bicycle racks proposed within basement car park.
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Complies
Complies
Does not comply
Complies
Complies
Complies
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9. ENVIRONMENTAL ASSESSMENT
The site has been
inspected and the application has been assessed having regard to Section 79C of
the Environmental Planning and Assessment Act, 1979, as amended.
9.1 Randwick
LEP 1998
9.1.1 Landscaped
Area
The revised
application drawings demonstrate compliance with the requirements of Clause
31(2) and 31(3) of Randwick LEP 1998. The provision of a detailed landscape
plan for the Council’s approval can be requested as a condition of consent.
9.1.2 Floor Area
Clause 32 of
the LEP 1998 establishes a maximum FSR for the site of 0.9:1 (or a Gross Floor
Area of 1,189.1m˛). Since the application was considered by Council at its
meeting of 25 March 2003, a new definition for Gross Floor Area has been
introduced by Randwick LEP 1998 (Amendment No. 23). Based upon Amendment No.
23’s new definition for Gross Floor Area, the revised FSR is 1.14:1
(1,509.6m˛).
To establish
reasonable upper limits for development in residential, business, industrial
and special use zones through a limit on the amount of floor space that can be
provided. This will help to reduce the potential for adverse amenity impact on
nearby and adjoining development while still providing for reasonable levels of
development and redevelopment.
The
potential adverse amenity impacts of the proposal for surrounding development
principally relate to:
· Loss of visual amenity;
· Overshadowing and loss of sunlight
access, and
· Loss of visual privacy.
The potential amenity impacts of the proposal are
discussed in Section 9.3 below. The scale of the proposal is generally
considered to be consistent with the established pattern of development within
the locality and the desired future character of the adjoining Kensington Town
Centre precinct. Minor modifications to the side boundary setbacks for the
proposed rear attic space are recommended to further reduce the visual bulk of
the proposal and to ensure consistency with the built form of the proposed
front attic space (refer to Section 9.5 below).
Subject to
minor modifications to the rear attic space, it is considered that the
potential adverse amenity impacts for surrounding development are not sufficient
for the proposal to represent an unreasonable level of development. The
proposed non-compliance does not raise any matter of significance for State or
regional environmental planning and does not detract from the public benefit.
The objection is considered to be well founded and consistent with the aims of
SEPP 1.
9.1.3 Height
Clause 33(4)
establishes a maximum external wall height for development of 10m. Due to the
inclusion of third floor levels at the front and rear of the proposed building,
the development exceeds the external wall height standard and demonstrates a
maximum external wall height of 11.73m (it should be noted that the 12.0m and
10.0m height limits shown on the application drawings are inaccurately plotted
and are measured from the proposed finished floor level, not existing ground
level).
The applicant has submitted a written objection
pursuant to SEPP 1 that compliance with Clause 33(4) is unreasonable and
unnecessary in the circumstances of the case. The stated purpose of the external
wall height standard is:
To set
upper limits for the height of buildings in residential and business zones that
are consistent with the redevelopment potential of land in those zones given
other development restrictions, such as floor space and landscaping, and have
regard for the amenity of surrounding areas.
The potential amenity impacts of the proposal are
discussed in Section 9.3 below. The revised proposal will exceed the external
wall height standard only within limited sections of the front and rear of the
proposed building. The non-compliance stems from the applicant’s attempt to
introduce greater articulation into the building form and to achieve an
improved distribution of building bulk across the site. The revision has
included a lowering in height of the proposed mid-section of the building to
two-stories. Despite the proposed non-compliance with the external wall height
standard, the proposal complies with the overall height standard of 12m.
Minor modifications to the side boundary setbacks
for the proposed rear attic space are recommended to further reduce the visual
bulk of the proposal and to ensure consistency with the built form of the
proposed front attic space (refer to Section 9.5 below). Subject to the
recommended modifications, the proposed external wall height does not entail
any unreasonable amenity impacts for surrounding properties and in this regard
is consistent with the redevelopment potential of the subject site.
The proposed
non-compliance does not raise any matter of significance for State or regional
environmental planning and does not detract from the public benefit. The
objection is considered to be well founded and consistent with the aims of SEPP
1.
9.2 Building
Setbacks
The
revised proposal generally complies with the performance criteria of the DCP –
Multi-unit Housing for setbacks. Non-compliances with the DCP’s criteria for
articulation and limited encroachments within the minimum rear setback and
minimum average rear setback controls are considered to be minor and
inconsequential. The proposal meets the setback objectives of the DCP -
Multi-unit Housing and is generally considered to be acceptable. It is
recommended that the eastern and western side boundary setbacks of the proposed
rear attic space be increased by 1m each to maintain a consistency of building
form with the proposed front attic space and further alleviate the potential
overshadowing impacts of the development (refer to Deferred Commencement
Condition No. 3).
9.3 Amenity Impacts
9.3.1 Overshadowing and Sunlight Access
The revised proposal maintains reasonable levels of
direct sunlight access throughout the year to surrounding properties and is
consistent with the solar access objectives of the DCP – Multi-unit Housing.
Amendments to the original application have introduced variation in building
height, allowing the building to be lowered to a height of two-stories within
its mid-section. This has helped to alleviate the potential overshadowing
impacts of the original application. It is recommended that the eastern and
western side boundary setbacks for the proposed rear attic space be increased
by 1m each to further alleviate any overshadowing impacts and ensure
consistency in building form with the proposed front attic space (refer to
Deferred Commencement Condition No. 3).
The revised
proposal increases the number of proposed dwellings with uninterrupted exposure
to the north. The revised proposal includes a number of west-facing windows to
internal living areas that are likely to be subject to afternoon summer sun.
The recommendation to this report includes a condition of deferred commencement
requiring the provision of suitable sun control screening on west-facing
bedroom and living room windows (proposed Units No. 4, 5, 6, 12, 13, 14 and 20)
to facilitate acceptable levels of visual privacy to residents of No. 14 Ascot
Street and allow management of summer sunlight penetration (refer to Deferred
Commencement Condition No. 4).
The internal layouts of proposed Unit No. 8 (ground
level) and Unit No. 16 (first floor) could be reconfigured to more effectively
take advantage of their north-eastern orientation. This would involve amending
the apartment layouts for Units No. 8 and No. 16 to generally depict a reverse
image of the proposed layouts for Units No. 6 and No. 14 respectively, with new
glazing provided with suitable sill heights to maintain the levels of visual
privacy provided to No. 6 Ascot Street indicated in the current application
drawings. A condition of deferred commencement to require suitable amendments
is attached to the recommendation to this report (refer to Deferred
Commencement Condition No. 5).
9.3.2 Privacy and Overlooking
Proposed bedroom windows on the western façade are separated by a
horizontal distance of approximately 10.2m from windows to living areas within
the adjoining residential flat building at No. 14 Ascot
Street. The publication Better Urban Living:
Guidelines for Urban Housing in NSW is a relevant matter for Council’s
consideration under Clause 30(2) of SEPP 65 and suggests a separation of at
least 12.0m between habitable rooms to ensure adequate visual privacy for
occupants. The recommendation to this report includes a condition of deferred
commencement requiring the provision of suitable sun control screening on
west-facing bedroom and living room windows (proposed Units No. 4, 5, 6, 12,
13, 14 and 20) to facilitate acceptable levels of visual privacy and management
of western sunlight penetration during summer months (refer to Deferred
Commencement Condition No. 4).
Based on the current configuration of dwellings, it is considered
that the outlooks from the proposed living areas and balconies to Units No. 4,
5 and 8 at ground level, Units No. 12, 13 and 16 at first floor level and Unit
No. 21 at second floor level are sufficiently separated or capable of being
screened by landscaping to maintain a reasonable level of visual privacy for
the adjoining premises at No. 6 Ascot Street.
The recommendation to this report includes a condition of consent to
reconfigure the internal layouts of Unit No. 8 (ground level) and Unit No. 16
(first floor) to moire effectively take advantage of the solar access
opportunities afforded by the favourable north-eastern orientation of these
units (refer to Section 9.3.1). Any reconfiguration along these lines will
require additional glazing to internal living areas within proximity to the
side boundary of No. 6 Ascot Street. The attached condition of deferred commencement will require
amendments to maintain adequate levels of visual privacy for occupants of both
the subject site and No. 6 Ascot Street (refer to Deferred Commencement Condition No. 5).
The proposal includes 2 x roof terraces attached to proposed Units
No. 20 and 21. The terraces are to be bordered by raised planter beds and are
to include appropriate screening to retain visual privacy for users of the
terrace space and occupants of proposed Units No. 17 and 19. The
recommendation to this report includes a condition of deferred commencement
requiring the applicant to submit details of the proposed screening and
planting to be approved by Council (refer to Deferred Commencement Condition
No. 6).
9.3.3 Views
The subject site occupies a substantial proportion
of the backdrop to views towards Ascot Street from Kokoda Memorial Park and
across the park from Goodwood Street. The articulation of building form and
more detailed architectural arrangement exhibited by the revised proposal
represent significant improvements to the original application. It is
considered that the revised proposal will provide a positive contribution to
the built form and character of Ascot Street when viewed across the park.
9.4 Building
Design, Materials and Appearance
The revised proposal significantly improves the external
appearance of the original application. The proposed façade arrangement is
considered to provide an appropriate level of aesthetic quality and is
consistent with the pattern of desirable architectural elements along the
southern side of Ascot Street.
The revised proposal includes separate street access to
ground floor dwellings fronting Ascot Street, continuing the established
pattern of dwelling and building openings within the street. Details of the
proposed building finishes and front fence design and finishes will be required
for Council’s approval as conditions of deferred commencement (refer to
Deferred Commencement Condition No. 1 and 2).
9.5 Building Bulk and Scale
The revised proposal significantly amends the bulk and scale
of the original application. The height of the proposed building has been
amended to vary between two and four stories and additional articulation has
been introduced to the side elevations. The revised proposal depicts an
overall bulk and scale that are generally sufficient to maintain reasonable
levels of amenity for neighbouring properties and that are generally consistent
with the established street character and desired future character of the
adjoining Kensington Town Centre precinct. It is recommended that the eastern
and western side boundary setbacks of the proposed rear attic space be
increased by 1m each to maintain a consistency of building form with the
proposed front attic space and further alleviate the potential overshadowing
impacts of the development (refer to Deferred Commencement Condition No. 3).
9.6 Private Open Space
The revised proposal
satisfies the private open space criteria of the DCP – Multi-unit Housing and
is considered to be acceptable.
9.7 Access and Parking
The revised
proposal amends the proposed driveway access and basement level car parking
arrangement. Council’s AIS Department has reviewed the proposed arrangement
and has attached appropriate conditions of consent. The proposed pedestrian
access arrangements are considered to be acceptable.
9.8 Dwelling Mix
The
revised proposal amends the 24 x one-bedroom dwellings proposed in the original
application to include 16 x one-bedroom dwellings, 3 x two-bedroom dwellings
and 2 x three-bedroom dwellings. The revised dwelling mix will cater for a
greater variety of housing needs within proximity to the Kensington Town Centre
and is considered to be acceptable.
10. CONCLUSION
The revised proposal significantly improves the original
application. The proposal generally demonstrates design quality in accordance
with SEPP 65 and meets the relevant objectives of Council’s DCPs and LEP 1998.
The proposed non-compliances with Council’s floor space and external wall
height standards are considered to be acceptable in the circumstances. Minor
amendments are recommended to ensure the proposal adequately addresses
potential visual privacy impacts, optimises opportunities for controlled
sunlight access to internal living areas and demonstrates an appropriate bulk
and scale. The recommendation is for approval subject to conditions of
consent.
RECOMMENDATION:
A. THAT
Council support the objections under State Environmental Planning Policy No. 1
(SEPP No. 1) in respect to non-compliances with Clause 32(1) and Clause 33(4)
of the Randwick Local Environmental Plan 1998. Clause 32(1) relates to floor
space ratio on the grounds that the proposed development complies with the
objective of the clause and will not adversely affect the amenity of the
surrounding locality. Clause 33 (4) relates to the maximum wall height of 10
metres on the grounds that the height will have a negligible impact on the
surrounding locality and amenity of neighbouring properties, and that Planning
NSW be advised accordingly.
B. THAT Council as the responsible authority grant its
development consent as a Deferred Commencement under Section 80(3) of
the Environmental Planning and Assessment Act 1979 (as amended) to Development
Application No. 955/2002 for the demolition of the existing dwelling houses and
the construction of a multi-unit housing development containing 16 x
one-bedroom dwellings, 3 x two-bedroom dwellings and 2 x three-bedroom
dwellings with associated basement car parking for 28 x vehicles at 8-12 Ascot
Street, Kensington subject to the following conditions:-
Deferred Commencement Conditions
The consent is not to operate until the following material
has been submitted to and approved by the Director Planning and Community
Development:
1. Details of the proposed colours, materials and textures
(ie. a schedule and brochure/s or sample board) are to be submitted to and
approved by Council’s Director of Planning and Community Development.
2. Details of the proposed fence and entry portico are to be
submitted to and approved by the Director of Planning & Community
Development.
3. The side boundary setbacks for the proposed rear attic
level are to be increased by 1.0m to each side boundary to ensure an
appropriate bulk and scale for the development and consistency with the
alignment of the proposed front attic level. Details of the amended rear attic
level to Units No. 20 and 21 are to be submitted to and approved by Council’s
Director of Planning & Community Development.
4. Sun control devices are to be provided to west-facing
windows to Units No. 4, 5, 6, 12, 13, 14 and 20 to ensure appropriate control
of sunlight penetration to the units and enhance visual privacy. Details of the
sun control devices to west-facing windows to Units No. 4, 5, 6, 12, 13, 14 and
20 are to be submitted to and approved by Council’s Director of Planning &
Community Development.
5. The floor layouts of Units No. 8 and 16 are to be
reconfigured to relocate the kitchen areas in the north-eastern corner of the
units and provided with additional glazing to enable sunlight penetration to
internal living areas. Additional windows in the northern or eastern
elevations of the units are to have a sill height no less than 1.5m above the
floor level or be of fixed or obscure glazing below 1.5m from the floor level
to retain visual privacy for adjoining residents. Details of the amended floor
layouts for Units No. 8 and 16 are to be submitted to and approved by Council’s
Director of Planning & Community Development.
6. Details of the landscaping and screening for the roof
terraces are to be submitted to and approved by Council’s Director of Planning
& Community Development.
Development Consent Conditions
Subject to compliance with the deferred
commencement conditions, to the satisfaction of the Director Planning and
Environment, development consent is granted under Section 80 & 80A of the
Environmental Planning and Assessment Act 1979 subject to the following
conditions:
REFERENCED
PLANS:
1. The development must be implemented substantially in
accordance with the plans numbered C00, C01, C02, C03, C04, C05, C06, C07, C08,
C09, C10, C11 and C12 dated 3 July 2003, unnumbered and undated drawing
annotated as “Section Thru Driveway 1:50”, LSK-01 (Issue B) dated 16 June 2003
and LSK-02 (Issue A) dated September 2002, the application form and on any
supporting information received with the application, except as may be amended
by the following conditions and as may be shown in red on the attached plans:
ENVIRONMENTAL
AMENITY:
The
following conditions are applied to satisfy the provisions of section 79C of
the Environmental Planning and Assessment Act 1979 and to maintain reasonable
levels of environmental amenity:
2. Metal roof sheeting is to be painted or colour bonded to
minimise reflection and to be sympathetic and compatible with the building and
surrounding environment.
Details of the
proposed colour of the roof are to be submitted to and approved by the Director
of Planning & Community Development, in accordance with the section 80A (2)
of the Environmental Planning and Assessment Act 1979, prior to the roofing
being installed.
3. Fences
located on the side or rear boundaries of the premises shall not exceed a
maximum height of 1.8m, to maintain reasonable levels of amenity to the
adjoining premises.
4. There
must be no encroachment of any part of the structure/s onto the adjoining
premises or onto Council’s road reserve, footway or public place.
5. Any
gate openings shall be constructed so that the gates, when hung, will be fitted
in such a manner that they will not open over the footway or public place.
6. All
plumbing and drainage pipes, other than rainwater heads, gutters and downpipes,
must be concealed within the building.
7. Street
numbering must be provided to the premises in a prominent position, to the
satisfaction of Council.
8. The enclosure of balconies is prohibited by this consent.
9. Power supply and telecommunications cabling to the
development shall be underground.
10. A single common television aerial, and/or satellite dish
(having a maximum diameter of 700mm and not located on the front or street
elevation of the building) is to be installed to serve the development.
11. All existing outbuildings on the site must be demolished and
removed in conjunction with the development.
12. Internal or external clothes drying facilities are to be
provided in accordance with the provisions of the Building Code of Australia.
Should
external clothes drying facilities be provided, the facilities must be
adequately screened by vegetation and details are to be incorporated into the
landscaping plans, to the satisfaction of the certifying authority.
13. The 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 paving or the like on the ground) without the written
consent of Council.
14. Lighting to the premises shall be designed so as not to
cause a nuisance to nearby residents or motorists and to ensure that light
overspill does not affect the amenity of the area.
Department of infrastructure, planning and natural resources general
Terms of Approval (WATER ACT 1912 PART V LICENCE – TEMPORARY DEWATERING):
In accordance with the
Environmental Planning and Assessment Act 1979 and Regulation 1994 (as amended)
the Department Infrastructure Planning and Natural Resources (DIPNR) has an
approval role in relation to a development application DA 955/02 lodged
with Randwick City Council.
Licences under Part V of the
Water Act 1912 are required for the works (excavation/bore or battery of
spearpoints) for purposes of temporary de-watering as part of
construction on 8 – 12 Ascot Street, Kensington. An application
should be completed on the prescribed form for the abovementioned purposes
viz., de-watering, and groundwater and a licence obtained from the Department
prior the installation of any de-watering works. A plan drawn to scale will be
required with the application showing the location of each de-watering bore.
An estimate of the total volume
of groundwater to be pumped from the site (ie amount of de-watering) should be
indicated on the application form. Any tailwater disposed to the stormwater
system must be of an acceptable quality to comply with requirements of the
Protection of the Environment Operations Act, 1997. Other methods of disposal
of the tailwater should be also be indicated (Council approval for other
methods of disposal is required).
Pursuant to Part V of the Water
Act, the Department, having reviewed the documentation associated with the DA,
proposes to grant an approval to DA 955/02 (as presented). The general terms
of approval are set out below:
General and Administrative Issues
15. The licensee
shall allow (subject to Occupational Health and Safety Provisions) the
Department or any person authorised by it, full and free access to the works
(spearpoint system, excavation or bore/borefield), either during or after
construction, for the purpose of carrying out inspection or test of the works
and its fittings and shall carry out any work or alterations deemed necessary
by the Department for the protection and proper maintenance of the works, or
the control of the water extracted to prevent wastage and for the protection of
the quality and prevention from pollution or contamination of surface or
sub-surface water.
16. If any work
is abandoned at any time the licensee shall notify the Department of such
abandonment and seal off the aquifer by:
· Backfilling the work(s) to ground level
with clay or cement after withdrawing the casing (lining); or
· Such methods as agreed to or directed by
the Department.
17. Tailwater
drainage shall not be allowed to discharge onto adjoining roads (without Council
approval), Crown Land or other persons land, or into any river as defined under
the Water Act, by surface or sub-surface drains or pipes or any other means.
18. Works
used for the purpose of conveying, distributing or storing water from the
de-watering work(s) shall not be constructed or installed so as to obstruct the
free passage of floodwaters flowing in, to or from a river or lake.
19. If
the work(s) are lined with steel or plastic casing the inside diameter of that
casing shall not exceed 220 mm.
20. Water
shall not be pumped from the work(s) for any purpose other than temporary
de-watering.
21. The
licensee shall notify the Department if a flowing supply of water is obtained.
Conditions
Specific to DA 955/02
22. If during the construction of the work, saline or polluted
water is encountered above the producing aquifer, such water shall be sealed
off by:
· Inserting the appropriate
length(s) of casing to a depth sufficient to exclude the saline or polluted
water from the work.
· Cementing between the
casing(s) and the walls of the bore hole from the bottom of the casing to
ground level.
Any
departure from these procedures must be approved by the Department before
undertaking the work.
23. The construction shall be of a form which precludes the
permanent de-watering of the site to achieve a safe and stable condition.
24. The licence will lapse if the work is not commenced and
completed within three years of the date of the issue of the licence.
25. Upon formal application the licensee shall within two months
of completion or after the issue of the licence if the work is existing,
furnish to the Department:
· Details of the work set
out on the appropriate form.
· A plan showing accurately
the location of the work, in relation to portion and property boundaries.
· Details of any water
analysis and/or pumping tests.
26. The licensee shall maintain records of the actual volume of
groundwater pumped (kilolitres/megalitres) from the de-watering work(s), the
discharge rate (litres per second) and duration of pumping (number of
days/weeks) and supply this information to the Department upon completion of
the development.
ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY
EFFICIENCY:
The following conditions are
imposed to promote ecologically sustainable development and energy efficiency:
27. The development must be designed and constructed to achieve
a minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a
NatHERS certificate or equivalent, prepared by a suitably qualified person, is
to be submitted to the certifying authority with the construction
certificate application.
The design
of the building must be consistent with the development consent and any
proposed variations to the building to achieve the energy efficiency rating may
necessitate a new or amendment to the development consent prior to the issuing
of a construction certificate.
28. The consumption of water within the building shall be
minimised by the use of triple A rated water efficient plumbing fixtures (taps
and shower roses) and water efficient dual flush toilets. Details of
compliance are to be noted in the construction certificate plans or
specifications.
29. External timber or metal framed and brick veneer walls and
roofs are to be provided with insulation (i.e. bulk insulation and a reflective
building membrane/reflective sarking/foil insulation), having a minimum total
thermal resistance R–value of 3.0 in roofs and 1.5 in external walls. The
insulation and reflective building membrane is to be installed in accordance
with the relevant requirements of the Building Code of Australia and the
manufacturers details.
Details of
compliance with the requirements for insulation are to be included in the construction
certificate application.
30. Hot water service pipes are to be provided with insulation,
in accordance with the relevant requirements of Building Code of Australia and
AS 3500.
31. The hot water
system installed in the development must achieve a minimum greenhouse score of
3.5 as detailed SEDA’s Energy Smart Homes Policy. Any electric clothes dryers
to be provided in the development must also have a minimum 2 star energy
rating.
32. Landscaping shall be provided to the
site to enhance its amenity and reduce the impact of the development upon
neighbouring properties. A landscape plan shall be submitted to and approved by
the Director of Planning & Community Development, in accordance with
section 80A(2) of the Environmental Planning and Assessment Act 1979, prior
to a construction certificate being issued.
Landscaped areas must contain a predominance of species
that require minimal watering once established or species with water needs that
match rainfall and drainage conditions.
Landscaped areas must include an area and facilities
dedicated for onsite composting and porous paving should also be used in all
pathways, wherever practicable, to maximize on-site absorption of rainwater and
details are to be provided on the landscape plans. Details of the proposed
landscaping, including plant species and paved areas are to be included with
the construction certificate application.
SECTION 94:
The following condition/s are applied to satisfy the
increased demand for public amenities and public services:
33. In
accordance with Council’s Section 94 Contributions Plan effective from 2
September 1999, the following monetary contribution is to be paid to Council.
a) for the provision or
improvement of open space $25,783.26
b) for the provision or
improvement of community facilities $11,400.44
c) Administration fee
$425.00 $425.00
The contribution must be paid in
cash or by bank cheque prior to a construction certificate being issued for
the proposed development, together with payment of the required Section 94
Administration Fee of $425.00. Council’s Section 94 Contribution Plans may
be inspected at the Customer Service Centre, Administrative Centre, 30 Frances
Street, Randwick.
CIVIL WORKS/TRAFFIC:
|
The following
conditions are applied to provide adequate provisions for access, transport
and infrastructure:
|
34. The
applicant must meet the full cost for Council or 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 site.
b) Remove
all redundant vehicular crossings and to reinstate the areas with concrete
footpath, turf and integral kerb and gutter to Council's specification.
c) Remove
the existing stone kerb and gutter and construct new kerb and gutter for the
full site frontage except opposite the vehicular entrance and exit point.
d) Carry
out a full depth, minimum 2.0 metre wide, road construction in front of the new
kerb and gutter along the full site frontage.
e) Reconstruct
the existing Council footpath along the Ascot Street site frontage in
accordance with Council’s requirements.
35. The
applicant must meet the full cost for Council or a Council approved contractor
to repair/replace any damaged sections of Council's footpath, kerb &
gutter, nature strip etc which are due to building works being carried out at
the above site. This includes the removal of cement slurry from Council's
footpath and roadway.
36. The
applicant shall note that all external work, carried out on Council property,
shall be in accordance with Council's Policy for "Vehicular Access and
Road and Drainage Works". An application for the cost of the Council civil
works is to be submitted to Council at the completion of the internal building
works. An application fee shall be payable to Council for the quotation of the
required works. The applicant may elect to use his contractor for the required
works, subject to Council approval, however a design and supervision fee based
on the lowest quotation from Council's nominated contractor will be required to
be paid prior to the commencement of any works.
37. All
new walls adjacent to vehicular crossings must be lowered to a height of 600mm
above the internal driveway level, splayed 1.5 metre by 1.5 metre or suitably
setback from the street alignment so that a driver of a stopped vehicle 2
metres behind the street boundary line can observe pedestrians up to 2 metres
from the crossings. Details are to be submitted to the Certifying Authority
prior to the release of the construction certificate showing compliance with
this condition.
38. The
driveway opening at the Ascot Street frontage must be 5 metres wide and located
at least 1.0 metre clear of the side property.
39. The
internal driveway must be a minimum of 5 metres wide for the first 4 metres
inside the property and a minimum clear width of 3 metres at all other
locations along the driveway.
40. The
applicant shall submit to Council for approval, and have approved, longitudinal
sections along the extremities and the centreline of each internal
driveway/access ramp at a scale of 1:20. Each section shall indicate
compliance with Council’s issued alignment levels and Council’s drainage
related requirement for the driveway to have a high point of at least RL 27.6
AHD and to be designed in such a manner as to minimise the potential for
stormwater inundation of the basement carpark. Vehicular access driveways are
to be designed in general accordance with Council’s Development Control Plan –
Parking and the relevant sections of AS 2890.1-1993.
41. The
aisle widths, internal circulation, ramp widths and grades of the carpark are
to generally conform to the Roads & Traffic Authority (RTA) guidelines,
Australian Standard AS 2980.1 –1993 and Council’s Development Control Plan -
Parking. Details of compliance are to be shown on the relevant plans and
specifications for the construction certificate, and are required to be
submitted to and approved by the Council or an accredited certifier, prior to a
construction certificate being issued for the proposed development.
42. A
work zone is to be provided in Ascot Street for the duration of the
construction works. The ‘workzone’ shall have a minimum length of 12 metres and
the prescribed fee for the work zone must be paid to Council at least four (4)
weeks prior to the commencement of building works.
PARKING:
The following conditions are applied to provide
adequate provisions for parking to the development:
43. A sign legible from the street must be permanently displayed
to indicate that visitor parking is available on the site and these parking
spaces must be clearly marked and accessible at all times.
44. Public access to the visitor’s carparking spaces is to be maintained
at all times and an intercom system is to be provided adjacent to the vehicular
entrance to the carpark, together with appropriate signage providing
instructions for use.
SECURITY DEPOSITS:
The following conditions are
applied to provide adequate security against damage to Council’s
infrastructure:
45. The
following damage deposit requirement is to be complied with prior to a
construction certificate being issued for the development, as security for
making good any damage caused to the roadway, footway, verge or any public
place; or 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:
a) $2000.00 - Security
damage deposit
The damage
deposit may be provided by way of a cash or cheque with the Council and is
refundable upon the applicant advising Council, in writing, of the completion
of all building works and/or obtaining an occupation certificate, if required.
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.
46. The
following vehicular crossing deposit requirement is to be complied with prior
to a construction certificate being issued for the development, as security for
Council or a Council approved subcontractor to construct the vehicular
crossing.
a) $1000.00 - Vehicular
crossing deposit
The
vehicular crossing deposit may be provided by way of cash or cheque with the
Council and is refundable upon the completion of the Council vehicular crossing
by Council or a Council approved subcontractor.
Alignment Level Conditions:
The following conditions are
applied to provide adequate provisions for future civil works in the road
reserve:
47. The Council’s Department of Asset & Infrastructure
Services has inspected the above site and have determined that the design
alignment level (concrete/paved/tiled level) at the property boundary for
driveways, access ramps and pathways or the like, shall be:
· 150 mm above the top of the kerb
at all points opposite the kerb, along the full site frontage.
Any enquiries regarding
this matter should be directed to Council’s Assets & Infrastructure
Services Department on 9399 0924.
48. The design alignment levels (concrete/paved/tiled level)
issued by Council and their relationship to the kerb 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.
49. The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued at
a prescribed fee of $488 calculated at $17.60 (inclusive of GST) per metre of
site frontage. This amount is to be paid prior to a construction certificate
being issued for the development.
50. The top of footings of any structures constructed on the
boundary alignment must be at least 150mm below the alignment level as
specified for the vehicular access. This condition has been attached to
accommodate future footpath construction at this location.
Service
Authority Conditions:
The following conditions are applied to provide adequate consideration
for service authority assets:
51. A public utility impact assessment must be carried out on
all public utility services on the site, roadway, nature strip, footpath,
public reserve or any public areas associated with and/or adjacent to the development/building
works and include relevant information from public utility authorities and
exploratory trenching or pot-holing, if necessary, to determine the position
and level of service.
52. The applicant must meet the full cost for telecommunication
companies, gas providers, Energy Australia and Sydney Water to
adjust/repair/relocate their services as required. The applicant must make the
necessary arrangements with the service authority.
53. Documentary evidence from the relevant public utility authorities
confirming that their requirements have been satisfied, must be submitted to
the certifying authority prior to a construction certificate being issued for
the development.
54. 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 all
detailed landscape drawings and specifications. The applicant must liaise with
Sydney Electricity prior to lodging the construction certificate whether or not
an electricity substation is required for the development.
55. A Section 73 Compliance Certificate under the Sydney water
Act 1994 must be obtained. Application must be made through an authorised Water
Servicing Coordinator. Please refer to “Your Business” section of Sydney
Water’s web site at www.sydneywater.com.au then the “e-developer” icon or
telephone 13 20 92.
Following
application a “Notice of Requirements” will detail water and sewer extensions
to be built and charges paid. Please make early contact with the Coordinator,
since building of water/sewer extensions can be time consuming and may impact
on other services and building, driveway or landscape design.
The Section
73 Certificate must be submitted to the Principal Certifying Authority prior to
the Construction Certificate being issued.
Drainage
Conditions:
The following conditions are
applied to provide adequate provisions for drainage and associated
infrastructure:
56. The applicant must, at all times in preparation of the
construction certificate application and during construction, comply with all
requirements of the Department of Infrastructure, Planning and Natural
Resources, (previously the DLWC), including, but not limited to:
· Monitoring of groundwater
levels onsite;
· General Terms of Approval
for a Part V Licence – Temporary Dewatering.
Prior to
preparation of the construction certificate the applicant shall liaise with the
Department of Infrastructure, Planning and Natural Resources to obtain their
requirements. The certifying authority shall not issue a construction
certificate for this development without being satisfied that the development
can be constructed in accordance with the general requirements of the Department
of Infrastructure, Planning and Natural Resources.
57. Prior to the issuing of a construction certificate the
applicant shall submit to Council for approval, and have approved, construction
details for the slab and walls of the basement carpark, such details to be
based on the assumption that the slab and the lower levels of the walls will be
partially below the groundwater level. This condition is required because the
ground water level established by the applicant’s geotechnical engineer was
only 400-500mm below the proposed basement carpark excavation and both the
applicant’s geotechnical engineer, (name of Jeffery and Katauskas) and
hydrogeologists from the DLWC have acknowledged/stated that the groundwater
level can fluctuate in response to the prevailing climatic and seasonal
conditions preceding and at the time of undertaking the excavation/construction
works.
The applicant
shall note that the walls will need to be structurally designed to withstand
the applicable hydrostatic pressures generated by the groundwater and be
suitably tanked/waterproofed. Council will not permit drainage systems around
the walls as these systems have the potential to be constantly discharging
groundwater to the receiving outlet.
58. The internal driveway shall be designed with a high point of
at least RL 27.6 metres AHD and in such a manner as to minimise the potential
for stormwater inundation of the basement carpark. The driveway gradients shall
be in general compliance with the relevant sections of AS 2890.1 – 1993 and
Council’s DCP – Parking. The Construction Certificate plans shall demonstrate
compliance with this requirement.
59. All storage areas, (excluding any in the basement carpark),
habitable floor levels and openings shall be at or above RL 27.85m AHD, (or
alternatively protected from stormwater inundation to RL 27.85). This condition
is required to minimise the potential for stormwater inundation of the proposed
development.
60. Engineering calculations and plans with levels reduced to
Australian Height Datum in relation to site drainage shall be 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
issue, 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. This may
involve either connection to the Council's street gutter, or into a Council
stormwater pit. Note: All proposals should indicate the location of the
closest Council stormwater pit and line regardless of the point of discharge.
This information can be obtained by a visual inspection of the area and
perusing Council's drainage plans.
c) 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 (ie. above the 1 in 20 year
storm) to the proposed drainage system.
d) 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
e) 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.
f) 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.
g) 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.
h) All stormwater run-off naturally draining to the site must
be collected and discharged through this property's stormwater system. Such
drainage must, if necessary, be constructed prior to the commencement of
building work.
61. On-site stormwater detention must be provided to ensure that
the maximum discharge from the above site is not to exceed that which would
occur during a 1 in 10 year storm of 1 hour duration for the existing
site conditions. All other stormwater run-off from the above site for all
storms up to the 1 in 20 year storm is to be retained on the site for gradual
release to the kerb and gutter or drainage system as required by the Director
of Assets and Infrastructure Services. Provision is to be made for
satisfactory overland flow should a storm in excess of the above parameters
occur.
For
small areas up to 0.5 hectares, determination of the required cumulative
storage 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 the detention tank must have an open base to infiltrate stormwater to
the groundwater. Note that the ground water and any rock stratum has to be a
minimum of 2.0 metres below the base of the tank.
62. All site stormwater leaving the site must be discharged by
gravity to the kerb and gutter or drainage system at the front of the property.
63. The applicant must provide for a detention volume of up to
the 1 in 100 year, plus an additional 50% of storage volume should no overland
escape route be provided for storms greater than the design storm.
64. A "restriction as to user and positive covenant"
shall be placed on the title of the subject property prior to the issuing of a
final occupation certificate. Such restriction and positive covenant shall
relate to the onsite stormwater detention system and shall not be released, varied
or modified without the consent of the Council.
Notes:
a. The "restriction as to user 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 Asset and Infrastructure Services Department.
b. The linen plans shall indicate the location and dimensions of the
detention/infiltration areas.
This
condition is to ensure that no works which could affect the design function of
the detention system are undertaken without the prior consent (in writing) from
Council.
65. The detention area must be regularly cleaned and maintained
to ensure it functions as required by the design.
66. The stormwater detention area must be suitably signposted
where required, warning people of the maximum flood level.
67. The floor level of all habitable and storage areas adjacent
to the detention area 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 constructed.
(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).
68. A childproof and corrosion resistant fastening system shall
be installed on access grates over pits/trenches where water is permitted to be
temporarily stored.
69. 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 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
"Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's
Private Stormwater Code.
70. A work-as-executed plan prepared and signed by the hydraulic
engineer or a registered surveyor, and approved by an accredited certifier, must
be submitted to Council's Director of Asset and Infrastructure Services prior
to the issuing of an occupation certificate, detailing the location of the
detention basin with finished surface levels, contours at 0.2 metre intervals
and volume of storage available. The outlet pipe from the detention basin to
its connection with Council's drainage system, must be indicated on this plan
in conjunction with the following information:
a) location
b) pipe
diameter
c) gradient
d) pipe
material ie PVC or EW etc
e) orifice
size (if applicable)
71. A sediment/silt arrester pit must be provided:-
a) within the site at or near the street boundary prior to
the site stormwater discharging by gravity to the kerb/street drainage system;
and
b) prior
to stormwater discharging into any absorption/infiltration system.
The
sediment/silt arrestor pit shall be constructed with:-
· The base of the pit
located a minimum 300mm under the invert level of the outlet pipe.
· The pit must be
constructed from cast in-situ concrete, precast concrete or double brick.
· The grate is to be a
galvanised heavy-duty grate that has a provision for a child proof fastening
system.
· A minimum of 4 x 90 mm
diameter weep holes located in the walls of the pit at the floor level with a
suitable geotextile material with a high filtration rating located over the
weep holes.
· A galvanised heavy-duty screen (Lysaght
RH3030 Maximesh or similar) located over the outlet pipe. (Similar to a Mascot
GRC stormwater discharge control pit, product code DS3SDC).
· A child proof and
corrosion resistant fastening system for the access grate (e.g. similar to a
Weldlock spring loaded jay-bolt).
· The inlet pipeline
located on the side of the pit so that the stormwater will discharge across the
face of the screen.
· A sign adjacent to this
pit stating that:
“This
sediment/silt arrester pit shall be regularly inspected and cleaned.”
Note: Sketch details of a standard sediment/silt arrester pit can
be obtained from Council’s Drainage Engineer.
72. A reflux valve shall be provided over the pipe draining into
the sediment/silt arrestor pit to prevent stormwater from Ascot Street draining
back into the subject development site.
73. A `V' drain is to be constructed along the perimeter of the
property, where required, to direct all stormwater to the detention area.
74. Any Absorption Trenches/Pits must be designed in accordance
with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City
Council's Private Stormwater Code.
75. Two covered car washing bays shall be provided for this
development.
a) The
car washing bays must be drained to sewer to the requirements of Sydney Water
and proof of compliance is to be submitted to the certifying authority, prior
to a construction certificate being issued for the proposed development.
b) The car washing bays must be located outside any
required/approved stormwater detention system and must be suitably signposted.
c) The car washing bays must be constructed with a minimum 20mm bund
around the perimeter of the car washing bays (or equivalent)
A water tap
shall be located adjacent to the car washing bays.
76. All drainage details for the site shall be prepared by a
suitably qualified hydraulic consultant who shall, at the completion of the
works, certify that the drainage works have been constructed in accordance with
the approved drainage plans.
77. As the above site may be present within a fluctuating water
table the basement carpark or similar structures are to be suitably tanked and
waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the
tanking & waterproofing has been carried out to an acceptable standard and
a copy of the certification is to be forwarded to Council.
Notes:-
a) Any subsoil drainage is to be disposed of within the site and is
not to be charged to Council’s kerb & gutter and/or underground drainage
system.
b) Adequate provision is to be made for the ground water to drain
around the basement carpark (to ensure that the basement will not dam or slow
the movement of the ground water through the development site).
78. All exterior paving within
the development site, which is located outside of the
basement level footprint, shall be constructed with a permeable brick
paving or other similar material that will allow stormwater to infiltrate to
ground (eg Rocla permeable paving).
WASTE MANAGEMENT:
The following conditions are
applied to ensure that adequate provisions are made for the management of waste
from the development:
79. The garbage room areas will have to be designed so as to be
able to contain a total of 22 x 240 litre bins (11 garbage bins & 11
recycle bins) whilst providing satisfactory access to these bins. Details
showing compliance with this requirement are to be shown on the plans submitted
to the certifying authority for the construction certificate.
80. The garbage storage areas are to be provided with a tap and
hose and the floor is to be graded and drained to an approved floor waste to
the requirements of the Sydney Water Corporation.
81. A Waste Management Plan is to be submitted to Council and
approved by Council’s Manager of Waste Services, in accordance with section 80A
(2) of the Environmental Planning and Assessment Act 1979, prior to a
construction certificate being issued for the proposed development.
The plan
shall detail the type and quantity of waste to be generated by the development;
demolition waste; construction waste; materials to be re-used or recycled;
facilities/procedures for the storage, collection recycling & disposal of
waste and the on-going management of waste.
NOISE EMISSION / AMENITY
CONDITIONS:
The following conditions have
been applied to ensure that noise emissions from the development satisfy
legislative requirements and maintain reasonable levels of amenity to the area:
82. The proposed use of the premises and the operation of all
plant and equipment shall not give rise to an ‘offensive noise’ as defined in
the Protection of the Environment Operations Act 1997 and Regulations.
In this
regard, the use of the premises and the operation of any plant or equipment on
the site shall not give rise to an L10 sound pressure level which is
5dB(A) greater than the A-weighted L90 background sound pressure
level, measured at any point on a residential boundary or within any residential
dwelling.
PRESCRIBED CONDITIONS &
FIRE SAFETY:
The following conditions are
applied to ensure that the development satisfies the provisions of the
Environmental Planning and Assessment Act 1979 and Regulations:
83. All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
84. In accordance with clause 98 of the Environmental
Planning and Assessment Regulation 2000, it is a prescribed condition, that
in the case of residential building work, a contract of insurance must
be obtained and in force, in accordance with the requirements of the Home
Building Act 1989.
Where the work is
to be done by a licensed contractor, excavation or building work must not be
carried out unless the Principal Certifying Authority (PCA):
· has been informed
in writing of the licensee’s name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where
the work to be done by any other person (i.e. an owner builder), excavation or
building work must not be carried out unless the Principal Certifying
Authority:
· has been informed
of the person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $3,000.
Details of
the builder and compliance with the provisions of the Home Building
Act 1989 are to be submitted to Council prior to the commencement of works,
on the notice of appointment of the PCA / Intention to commence building work.
STRUCTURAL:
The following group of
conditions have been applied to ensure the structural adequacy and integrity of
the proposed building and adjacent premises:
85. A report shall be prepared by a professional engineer
and submitted to the certifying authority prior to the issuing of a
construction certificate, detailing the proposed methods of excavation,
shoring or pile construction, including details of vibration emissions and
detailing any possible damage which may occur to adjoining or nearby premises
that may be caused by the proposed building, excavation and shoring works.
Any practices
or procedures specified in the engineer’s report in relation to the avoidance
or minimisation of structural damage to nearby premises, are to be fully
complied with and incorporated into the plans and specifications for the construction
certificate.
86. A dilapidation report prepared by a professional engineer
or suitably qualified and experienced building surveyor shall be submitted to
the certifying authority prior to the commencement of demolition, excavation
or building works detailing the current condition and status of all
buildings, including ancillary structures (i.e. including dwellings,
residential flat buildings, commercial/industrial building, garages, carports,
veranda’s, fences, retaining walls, swimming pools and driveways etc.) located
upon all of the premises adjoining the subject site
The report is
to be supported with photographic evidence of the status of the buildings and a
copy of the report must also be forwarded to the Council and to the owners of each
of the abovestated premises, prior to the commencement of any works.
CONSTRUCTION MANAGEMENT:
The following conditions are
applied to ensure that the development satisfies relevant standards of
construction, and to maintain adequate levels of health, safety and amenity
during construction:
87. A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that 'unauthorised entry to the site is prohibited' and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours, in accordance with clause
78H of the Environmental Planning and Assessment Regulation 1994.
In the case
of residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act, 1989 and
Regulations.
88. All demolition work is to be carried out in accordance with
the provisions of AS2601-1991. The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person
and be submitted to the principal certifying authority, prior to the
commencement of any demolition works.
89. Prior to the commencement of any building works, 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 and Environmental Planning & Assessment Regulation
2000.
90. Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building
work must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
91. A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
92. The building works are to be inspected by the principal
certifying authority (or other suitably qualified person on behalf of the
applicant) to monitor compliance with Council’s approval and the relevant
standards of construction.
Documentary
evidence of compliance with Council’s approval and relevant building
inspections, is to be maintained by the principal certifying authority.
Upon
inspection of each stage of construction, the principal certifying authority
(or other suitably qualified person on behalf of the applicant) is also
required to ensure that adequate provisions are made for the following measures
(as applicable), to ensure compliance with the terms of Council’s
approval:
· Sediment control
measures.
· Provision of
perimeter fences or hoardings for public safety and restricted access to
building sites.
· Maintenance of the
public place free from unauthorised materials, waste containers or other
obstructions.
93. 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 are to be properly guarded
and protected to prevent them from being dangerous to life or property.
94. Retaining walls or shoring 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, if
the soil conditions require it, and adequate provisions are to be made for
drainage.
Retaining walls and shoring are to be designed and installed
in accordance with the relevant requirements of the Building Code of Australia
and Australian Standards and details of any proposed retaining walls are to be
submitted to the Principal Certifying Authority for consideration prior to
installation.
95. An Occupation Certificate must be obtained from the principal
certifying authority prior to any occupation of the building work
encompassed in this development consent in accordance with the relevant
provisions of the Environmental Planning & Assessment Act 1979.
96. In addition to the matters contained in the Environmental
Planning and Assessment Regulation 2000, the following matters are to be
completed in accordance with the terms and conditions of this development
consent, prior to the occupation of the building:
a) car parking and vehicular access
b) landscaping
c) stormwater drainage
d) external finishes and materials
97. A coloured works-as-executed fire services plan is to
be submitted to the Council prior to occupation of the development,
detailing the location of the essential fire safety measures installed within
the building premises.
98. A Registered Surveyor’s check survey certificate or compliance
certificate is to 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), detailing compliance with Council’s approval at the following
stage/s of construction:
(a) Prior
to construction of the first completed floor/floor slab (prior to pouring of
concrete), showing the area of land, building and boundary setbacks and
verifying that the building is being construction at the approved levels.
(b) On
completion of the erection of the building showing the area of the land, the
position of the building and boundary setbacks and verifying the building has
been constructed at the approved levels.
99. Building and
demolition works must only be carried out between the hours of 7.00am to 5.00pm
on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all
building activities are strictly prohibited on Sundays and public holidays,
except with the specific written authorisation of Council’s Manager of
Environmental Health and Building Services.
100. Temporary toilet facilities are to be provided, at or in the
vicinity of the work site throughout the course of demolition and construction,
at the rate of one toilet for every 20 persons or part of 20 persons employed
at the site and the toilet facilities must be connected to a public sewer or
other sewage management facility approved by Council.
101. Building materials,
sand, soil, waste materials or construction equipment must not be placed upon
the footpath, roadway or nature strip at any time and the footpath, nature
strip and road must be maintained in a clean condition and free from any
obstructions at all times.
102. Bulk bins/waste
containers must not be located upon the footpath, roadway or nature strip at
any time without the prior written consent of the Council, unless the waste
container is located upon the road in accordance with the Roads & Traffic
Authority Guidelines and Requirements, and the container is exempt from an
approval under Council’s Local Approvals Policy.
103. Any
building/demolition works involving asbestos cement are to be carried out in
accordance with the Work Cover New South Wales “Guidelines for Practices
Involving Asbestos Cement in Buildings”.
104. A Construction Site
Management Plan is to be submitted to and approved by the principal certifying
authority prior to the commencement of demolition, excavation or building
works. The site management plan must include the following measures, as
applicable to the type of development:
· location and construction of protective
fencing / hoardings to the perimeter of the site;
· location of site storage
areas/sheds/equipment;
· location of building materials for
construction;
· provisions for public safety;
· dust control measures;
· site access location and construction
· details of methods of disposal of
demolition materials;
· protective measures for tree
preservation;
· provisions for temporary sanitary
facilities;
· location and size of waste
containers/bulk bins;
· details of proposed sediment and erosion
control measures;
· construction noise and vibration
management.
The site management measures are to be implemented prior
to the commencement of any site works and be maintained throughout the works,
to maintain adequate levels of public health and safety. A copy of the
approved Construction Site Management Plan must be maintained on site and be
made available to Council officers upon request.
105. During construction
stages, sediment laden stormwater run-off shall be controlled using the
sediment control measures outlined in the manual for Managing Urban Stormwater
– Soils and Construction, published by the NSW Department of Housing.
A soil and water management plan (SWMP) must be submitted
to and approved by the principal certifying authority and implemented prior
to the commencement of any site works or activities.
The soil and water management plan must contain a site
plan, detailing:
· the slope of the land
· site access points and access
control measures
· location and type of all sediment
control measures
· location of existing vegetation, to
be retained
· material stockpile or storage areas
and methods of sediment control
· location of existing and proposed
drainage systems
· proposed disposal of site water
· location of building operations and
equipment
· proposed re-vegetation details
All soil and water management measures must be maintained
at all times throughout demolition, excavation, building and site works and a
copy of the soil and water management plan is to be kept on-site and be made
available to Council officers upon request.
106. Stockpiles of soil,
sand, aggregate or other materials must not be located on any drainage line,
natural watercourse, footpath, roadway or any public place and the stockpiles
must be protected with adequate sediment control measures.
Building operations such as brick cutting, washing tools
or equipment and mixing mortar are not permitted on public footpaths, roadways,
in any public place or any location which may lead to the discharge of
materials into the stormwater drainage system.
107. A warning sign for
soil and water management must be displayed in a prominent position on the
building site, visible to both the public and site workers. The sign must be
displayed throughout the construction period. Copies of a suitable warning
sign are available at Council’s Customer Service Centre for a nominal fee.
108. If the work involved
in the erection or demolition of a building is likely to cause pedestrian or
vehicular traffic in a public place to be obstructed or rendered inconvenient
or the building involves the enclosure of a public place, a hoarding or fence
must be erected between the work site and the public place.
If necessary, an awning is to be erected sufficiently to
prevent any substance from, or in connection with, the work from falling into
the public place or adjoining premises.
The public place adjacent to the work site must be kept lit
between sunset and sunrise if it is likely to be hazardous to persons in the
public place and any such hoarding, fence or awning is to be removed upon
completion of the work.
The public safety provisions and temporary fences must be in
place prior to the commencement of any demolition, excavation or building works
and be maintained throughout construction.
If it is proposed to locate any hoardings, site fencing
or amenities upon a footpath or public place, the written consent from
Council’s Building Services section must be obtained beforehand and detailed
plans are to be submitted to Council for consideration, together with payment
of the weekly charge in accordance with Council’s adopted fees and charges.
109. A temporary timber
crossing is to be provided to the site entrance across the kerb and footway
area, with splayed edges, unless access is via an existing concrete crossover.
110. The
applicant/builder is required to hold Public Liability Insurance, with a
minimum liability of $5 million and a copy of the Insurance cover is to be
provided to Council.
FIRE SAFETY:
The following conditions are applied to ensure that
reasonable levels of fire safety are provided in the building:
111. The
building is required to be provided with a smoke alarm system complying with
Clause 3 of Specification E2.2a of the B.C.A. or a smoke detection system
complying with Clause 4 of Specification E2.2a of the B.C.A. or a combination
of a smoke alarm system within the sole-occupancy units and a smoke detection
system in areas not within the sole-occupancy units.
Landscape
Conditions:
The following conditions are applied to provide adequate
provisions for landscaping and to maintain reasonable levels of environmental
amenity:
112. The landscaped areas shown on the plan number LSK-01 issue B,
dated 16.06.03 shall be the subject of detailed landscape drawings and
specifications, which are to be submitted to, and approved by, the certifying
authority, prior to the issue of a construction certificate. The landscape
drawings and specifications are to be prepared by a qualified Landscape
Architect who is eligible for membership with the Australian Institute of
Landscape Architects (AILA). The documentation is to include:
a. A site plan at an appropriate scale showing existing site
boundaries, existing trees within the property (clearly identified as being
retained or removed), existing street trees (clearly identified as being
retained or removed), features on adjoining sites within 6 metres of the common
property boundary (buildings, trees, other structures etc), council’s footway,
existing and proposed ground levels shown as spot heights and/or contours over
the site and at site boundaries, proposed building envelope, proposed areas of
pavement, and proposed landscaped areas.
b. A planting plan at a scale of 1:100 or 1:200 indicating the
location of all proposed planting. All plants are to be drawn at their mature
size with a dense planting of shrubs, accent plants and ground covers within
all garden beds so that a continuous planted cover is achieved. Plant spacings
are to be clearly indicated for all accent and groundcovers.
c. A
planting schedule listing all plants by botanic & common names, plant
numbers, plant spacings for groundcovers and accent planting, pot sizes, the
estimated size of the plant at maturity (height & spread) and proposed
staking methods when applicable.
d. Additional notation showing soil and mulch details, irrigation
details, edging, paving, fencing details, surface finishes, retaining wall
details, and any other landscape elements in sufficient detail to fully
describe the proposed landscape works.
e. Position of existing and proposed site services including water,
gas, electricity, sewer, stormwater, etc.
f. Sectional elevations through the site showing the existing and
proposed groundlines, building elevations, and mature height of proposed
planting.
g. All planter boxes and garden beds constructed on slab must have a
minimum soil depth of 600mm and all lawn areas must have a
minimum soil depth of 300mm. Planter box details shall be
submitted with the detailed landscape plans.
h. Location of easements within the site and upon adjacent sites (if
any).
113. The landscaping shall be installed in accordance with the
approved documentation prior to the issue of a final occupation certificate and
shall be maintained in accordance with those plans.
Documentary evidence is to be obtained from
a suitably qualified Landscape Architect and submitted to the principal
certifying authority (PCA) (and the Council, if the Council is not the PCA)
prior to the issuing of a final occupation certificate which confirms that the
landscaping works have been completed in accordance with the approved
landscaping plans and relevant conditions of development consent, to the
satisfaction of the PCA.
114. The applicant shall submit a landscape design for the Ascot Street frontage of the development. The landscape design
shall include pavements and tree grates as required by Council’s Landscape
Architect – 9399 0786.
The Landscape Design plans shall be submitted to and
approved by Council’s Director A & I Services in accordance with Section
80A(2) of the Environmental Planning and Assessment Act 1979, prior to the
certifying authority issuing a construction certificate for the development.
The applicant shall note that the approved landscape
works carried out on Council property, shall be in accordance with Council’s
requirements for Civil Works on Council property. An application for the cost
of the landscape works on Council property is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design checking and supervision fee based on the lowest quotation from
Council’s nominated contractor will be required to be paid prior to the
commencement of any works.
A refundable
deposit in the form of cash or cheque of $2,000 per street frontage shall be
lodged with Council prior to issue of a construction certificate for the
proposed development in order to ensure the construction of the approved
landscape works along the Ascot Street site frontage.
115. To ensure satisfactory maintenance of the landscaped areas, an
automatic irrigation system shall be installed throughout all the landscaped
areas. Such system shall provide full coverage to all the landscaped areas with
no overspray onto driveways and pathways.
Details of
the automatic irrigation system shall be shown on the detailed landscape plans
and specifications. The system shall comply with all Sydney Water requirements,
and relevant Australian Standards.
116. Any substation required shall be located within the site and
screened from view. The proposed location and elevation shall be shown on all detailed
landscape drawings and specifications.
117. All
detention tanks and stormwater infiltration systems located within the
landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient
soil depth to permit the establishment of landscaping on top of these services
as stipulated by these conditions of development consent.
All
stormwater documentation submitted for the construction certificate application
shall show the top of the detention tanks and stormwater infiltration devices
being 600mm below the finished ground level of the landscaped areas.
Tree Management
118. The applicant shall submit a total payment of $435.00 to
Council, being the cost for Council to supply and install 3 x 45 litre street
trees at the completion of all works.
The
contribution shall be paid into Account Number 43459939 Activity Code R36
at the Cashier on the Ground Floor of the Administrative Centre prior to an
occupation certificate being issued for the development.
The applicant shall
present the receipt at the Asset and Infrastructure Services counter on the
First Floor to organise for the works to be undertaken.
119. Approval is granted for the removal of the following trees
subject to the planting of 4 x 200 litre broad canopied replacement trees (not
palms) within the site. The species selected shall be those that will attain a
minimum height of 6 metres at maturity.
12 Ascot Street
a) One Olea species (Olive
Tree) located along the western property boundary between the existing dwelling
and the fence.
b) One Cinnamomum camphora
(Camphor Laurel) located along the western property boundary between the
existing dwelling and the fence.
10 Ascot Street
c) One Melia azedarach
(White Cedar) located along the eastern property boundary within the rear yard.
d) One Dead Tree located towards
the rear property boundary.
8 Ascot Street
e) Three Cupressus species
(Cypress Pines) located within the rear yard, around the existing pool.
f) One Arecastrum
romanzoffianum (Cocos Palm) located within the rear yard, around the
existing pool.
g) One Howea forsterana
(Kentia Palm) located within the rear yard, around the existing pool.
120. A refundable deposit in the form of cash or cheque, or bank
guarantee for the amount of $24,000.00 shall be lodged with Council prior to a
construction certificate being issued for the proposed development to ensure
the implementation and maintenance of the landscape works in accordance with
the approved landscape documentation.
a. The refundable deposit will be released twelve (12) months after
the issue of a final occupation certificate by the principle certifying
authority providing the landscape works have been successfully implemented and
maintained in accordance with the approved landscape documentation. Throughout
the maintenance/bond period, the applicant shall be responsible for all routine
maintenance such as grass cutting, weeding, watering, fertilising, spraying,
staking and replacement of all failed plant stock. There must be no alteration
to the original design, including substitution of trees and shrubs, without the
prior approval of the Principal Certifying Authority.
b. Any contravention of Council's landscape conditions at any time
during the construction period or prior to the expiration of a period of twelve
(12) months from the date a final occupation certificate is issued will result
in the Council claiming all or part of the lodged security.
ACCESS & FACILITIES FOR DISABLED:
The following conditions are applied to provide access and
facilities for people with disabilities:
121. Access, facilities and car parking for people with
disabilities must be provided in accordance with the relevant provisions of the
Building Code of Australia and AS1428.1, AS4299 and 2890.1 and Council’s
development control plan for multi-unit housing. Details of the proposed
access, facilities and car parking for people with disabilities are to be
included in the plans /specifications for the construction certificate.
ADVISORY MATTERS:
A1 The applicant is
advised that the Construction Certificate plans and specification must comply
with the provisions of the Building Code of Australia (BCA).
In this regard,
the development consent plans do not show compliance with the deemed-to-satisfy
provisions of the BCA, including:
a) Part
B1 - Structural provisions
b) Clause
D1.2 - Number of exits required in carpark
c) Clause
D1.4 - Exit travel distances in carpark
d) Part
E1 - Fire fighting equipment
e) Part
E2 - Smoke Hazard Management
f) Part
E3 - Lift Installations
g) Part
E4 - Emergency lighting, exit signs and warning
systems
h) Part
F5 - Sound Transmission and
Insulation
Details of
compliance with the relevant provisions of the Building Code of Australia and
conditions of development consent are to be provided in the plans and
specifications for the construction certificate.
A2 In order to organise for an inspection for the release of the
security deposit, the applicant shall contact the Principal Certifying
Authority for the development to liaise with Council’s Asset &
Infrastructure Department to arrange for an inspection of the landscaping to be
carried out. Should the landscaping be found to be unsatisfactory, thus
necessitating further inspections, the applicant is advised that each
additional inspection will be charged at $55.00 (incl.GST) and that this amount
shall be paid into Account Number 41901939, Code RGJ at the Cashier on the
Ground Floor of the Administrative Centre prior to any further inspection being
carried out.
The applicant shall
present the receipt at the Asset and Infrastructure Services counter on the
First Floor to organise for a further inspection to be undertaken.
Advisory Conditions:
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.
ATTACHMENT/S:
1. A4 reduced plans
2. Director Planning & Community Development Reports'
18/2003
3. Development Application Report dated 17 March 2003
4. A4 reduced plans.
Director Planning & Community Development's Report 18/2003
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SUBJECT:
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8 - 12 Ascot Street, Kensington
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DATE:
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17 March, 2003
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FILE NO:
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D/0955/02
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REPORT
BY: DIRECTOR PLANNING & COMMUNITY DEVELOPMENT
INTRODUCTION:
Attached is the Development
Assessment Report for Development Application 995/02 for
demolition of three existing dwellings and
construction of three storey-multi unit housing development containing 24x1
bedroom dwelling with associated basement car parking for Councils
consideration and determination.
RECOMMENDATION:
That Council consider and determine the development application
in accordance with the recommendation contained in the attached report.
ATTACHMENT/S:
1. Development Application Report dated 17 March 2003
2. A4 reduced plans
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………………………………
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………………………………
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SIMA TRUUVERT
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STUART HARDING
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ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT
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WILLANA ASSOCIATES
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Development Application
Report
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REPORT BY: DIRECTOR of PLANNING &
COMMUNITY DEVELOPMENT
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DATE:
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17 March, 2003
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FILE NO:
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D/0955/02
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Subject Site
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Submissions received
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Ů
North
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The
application is referred to the Ordinary Council Meeting as the proposed
development is valued at $2.5million. An appeal has been lodged with the Land
and Environment Court on the basis of a deemed refusal of the application.
The proposal does not comply with the floor area standard of the Randwick LEP
1998. A SEPP 1 objection has been submitted by the applicant seeking approval
for non-compliance with the floor area standard. The proposed variation is not
considered reasonable or necessary in the circumstances and the SEPP 1
objection is not supported.
Manual
calculations of the application drawings indicate that the proposal does not
comply with the Randwick LEP 1998’s standard for the provision of landscaped
area not located above podiums or excavated basement areas. The applicant has
not submitted an objection to the strict compliance with the standard pursuant
to SEPP 1 and Council is unable to approve the application without first
obtaining either confirmation of the proposal’s compliance or considering a
suitable SEPP 1 objection to the standard demonstrating that compliance is
unreasonable or unnecessary in the circumstances.
The proposal
fails to demonstrate design quality in accordance with the provisions of SEPP
65. The proposal fails to demonstrate compliance with a number of the
performance requirements and objectives of the Multi-Unit Housing DCP,
principally those relating to site analysis, bulk and scale, building setbacks,
solar access, amenity and barrier-free access.
The proposal
has not adequately addressed groundwater and flooding issues relating to the
site, or demonstrated that the proposal does not constitute integrated
development. The proposal is excessive in bulk and exhibits a simplistic
building form that is inappropriate for the site and its built form context.
The proposal comprises one-bedroom dwellings only and does not provide a
dwelling mix suitable to the site or its social context.
The recommendation is for refusal.
2. THE PROPOSAL
The proposal
is to demolish the three existing dwellings on the site and to erect a
three-storey multi-unit housing development containing 24 x one-bedroom units
and basement car parking for 30 vehicles. The proposal includes the removal of
four trees from the rear of the site.
The proposed
building comprises three above-ground levels with each level containing eight
units. Pedestrian access to the units from ground level is provided by two
entry foyers located on the eastern side of the building. The northern-most
foyer entry provides stair access to the nine units fronting Ascot Street. The
southern-most foyer entry provides access to stairs and a lift linking the
fifteen units located in the middle and rear sections of the building. The
lift also links these units to the basement car park.
Driveway
access to the site is proposed from Ascot Street along the western side boundary.
Private courtyard areas are proposed for each ground floor unit. A landscaped
common open space area is proposed at the rear of the building. Balcony areas
are proposed for each of the first and second floor units.
3. THE SUBJECT SITE AND SURROUNDING AREA:
The subject
site is located on the southern side of Ascot Street approximately midway
between Anzac Parade and Doncaster Avenue. The site comprises three allotments
at No. 8, 10 and 12 Ascot Street located opposite Kokoda Memorial Park. The
site adjoins land included in the Kensington Town Centre and is located in
proximity to a number of heritage-listed buildings in Doncaster Avenue.
The site is
slightly irregular in shape and has an area of 1,321.2m˛. The site has a
frontage to Ascot Street of 30.5m and a depth varying between 42.3m and 43.7m.
The site is generally flat. Access to the site is from Ascot Street. The site
currently contains seven trees, primarily at the rear of No. 8 Ascot Street.
The size and dimensions of the site provide no tangible constraints and are
more than sufficient for development to achieve design quality in building
configuration, orientation and scale.
Existing
buildings on the site comprise a single-storey semi-detached brick terrace
house at No.8 Ascot Street and two freestanding single-storey brick terrace
houses at No.10 and 12 Ascot Street. The site is bounded to the east by a
single-storey terrace house at No. 6 Ascot Street, which is attached to the
existing dwelling on the site at No.8 Ascot Street. The site is bounded to the
west by a three-storey pre-WWII walk-up flat building at No.14 Ascot Street.
The site is bounded to the south by properties at No. 11 and 13 Bowral Street
containing 1960s-1980s walk-up flat buildings with undercroft car parking.
The southern
side of Ascot Street contains a number of single-storey Federation terraces and
bungalows that comprise a substantially intact and continuous built form
interrupted only by the three-storey pre-WWII flat building adjoining the
subject site at No. 14 Ascot Street. Properties fronting Ascot Street
immediately west of the subject site form part of “Block 03” as defined by the
Kensington Town Centre DCP.
The northern
side of Ascot Street is dominated by the open expanse of Kokoda Memorial Park.
A 1960s-1980s walk-up flat building with undercroft car parking is located
further west on the northern side of Ascot Street. Kokoda Memorial Park
contains a children’s playground located directly opposite the subject site.
The subject site enjoys an outlook across the park towards development on the
northern side of Goodwood Street. A distinctive two-storey pre-WWII flat
building fronting the northern side of Goodwood Street is a dominant visual
feature in northern views across the park. Correspondingly, the subject site
forms a substantial part of the backdrop to views towards Ascot Street from Kokoda
Memorial Park and across the park from Goodwood Street.
The western
end of Ascot Street is framed by a series of two-storey Victorian terrace-style
shops fronting Anzac Parade to the south of Ascot Street. These are identified
by the Kensington Town Centre DCP as being contributory to the town centre’s
streetscape.
The eastern
end of Ascot Street is framed by Doncaster Avenue, which contains a number of
heritage-listed buildings, including a series of eight Federation terraces
located on the eastern side of Doncaster Avenue and south of the Ascot Road
intersection (No. 68-82 Doncaster Avenue). Randwick Racecourse forms the
eastern extent of Ascot Street.
4. SITE HISTORY
a. APPLICATION HISTORY
The properties
no.8 and 12 Ascot Street have been subject to previous applications for
alterations and additions to the existing single-storey dwellings. Amended
plans were submitted to Council on 6 February 2003 which increase the width of
the driveway and raised the ground floor level of the building. This report
assesses the amended plans received by Council on 6 February 2003.
5. COMMUNITY CONSULTATION:
The proposal
has been notified and advertised in accordance with the Randwick Local
Environmental Plan 1998. The following submissions were received:
5.1 Objections
1. M. Ryan
1/11 Bowral Street
KENSINGTON 2033
Concerns:
The
construction of 24 single bed units reeks of ghetto living in our area with the
additional traffic pressure on streets that are over parked and over used
particularly on Randwick race days.
The very
concept of one-bed room units indicates the casual occupation of these units
with a constant changeover of tenants. The target tenants are to be students
who will have noisy parties creating noise problems for older long-term
residents.
Environmentally
the construction of a three-story building will cause sunlight problems in our
yard area, which is used constantly by all the occupiers of 11 Bowral
St., and I am sure the proposed new building will present other
problems with wind around the buildings.
Response:
· The
proposal contains the required number of on-site parking spaces.
· The
proposal does not contain an adequate mix of dwelling sizes and does not
adequately respond to the site’s social context.
· The
proposal will reduce sunlight access to the communal open space areas of
properties adjoining the site to the south at No. 11 and No. 13 Bowral Street.
· The
proposed building configuration results in an excessive building bulk and fails
to distribute the building mass across the site in a manner that minimises
visual and amenity impacts for the adjoining properties.
2. J.
Maloney
6
Ascot Street
KENSINGTON
2033
Concerns:
The
development of 24 x (1) Bedroom low budget units show a lack of dwelling
diversification for the area. This type of development is aimed at the
transient University population, rather than the more responsible
permanent/family resident.
The
architecture structure of the proposed building lacks any form of federation
architecture that blends with the existing character of the area, which is not
consistent with the councils theme of recapturing the vision of the Kensington
area.
Unit verandah
structures are absent of sufficient privacy screening to the surrounding
residence.
The
proposed height development will greatly affect both the winter and summer
sunshine to my property especially the rear yard, which is already a flood
affected area.
Demolition
of 8 Ascot St attached to my property will cause damage, noise
and pollution inconvenience.
Demolition
of 8 Ascot St will leave my residence unsecured as a large part
of the external wall of this property currently acts as part of the dividing
fence.
Response:
· The
proposal does not contain an adequate mix of dwelling sizes and does not
adequately respond to the site’s social context.
· The
proposed building scale, form and composition are singular in character and do
not respond to the street context.
· Proposed
above-ground balconies are sufficiently set back from the side boundaries to
ensure acceptable levels of privacy for adjoining residents.
· It is
apparent that the additional overshadowing will reduce daylight access to the
internal living areas at the rear of No. 6 Ascot Street to substantially less
than 3 hours per day in mid-winter. The proposal will also substantially
increase levels of afternoon overshadowing for the rear open space on the
property.
· Council’s
Director of Asset & Infrastructure Services has advised of groundwater
issues and these are detailed in Section 6.3.
6. TECHNICAL OFFICERS COMMENTS
The application has been
referred to the relevant technical officers, including where necessary external
bodies and the following comments have been provided:-
6.1 Building and Construction Issues
The Building Code of Australia classifies the proposal as:
- Class 2 - Residential Units, and
- Class 7 - Basement Car Park.
No objections in relation to building, health and construction matters
are raised subject to conditions should approval be granted.
6.2 Landscape Issues
Council’s Director of Asset & Infrastructure Services has provided
the following advice in relation to landscape:
Amended
plans addressing the groundwater and flooding issues raised in our previous
memo’s dated 14 and 24 February 2003 and have not been received and thus AIS
Department conditions have not been issued for this development.
Should the
EPCD Department or Council consider approving the application, the application
should be referred back to the AIS Department so that appropriate conditions
may be issued.
1. There are several trees, covered by Council’s Tree
Preservation Order, that may be affected by the proposed works, including:
12
Ascot Street
a) One Olea species (Olive Tree) located along the western
property boundary between the existing dwelling and the fence. This tree is
approximately 6 metres tall and in reasonable health, however, it is poorly
located and also an environmental weed within the City of Randwick.
As such permission should be granted for the removal of this tree.
b) One Cinnamomum camphora (Camphor Laurel) located
along the western property boundary between the existing dwelling and the
fence. This tree is approximately 8 metres tall and in reasonable health,
however, it is poorly located and also an environmental weed within the City of
Randwick. As such permission should be granted for the removal of
this tree.
10
Ascot Street
c) One Melia azedarach (White Cedar) located along the eastern
property boundary within the rear yard. This tree is approximately 8 metres
tall and in average health. Permission should be granted for the removal of
this tree, subject to the planting of one replacement tree within the site.
d) One Dead Tree located towards the rear property boundary. This
tree is approximately 8 metres tall and permission should be granted for its
removal.
8 Ascot
Street
e) Three Cupressus species (Cypress Pines) located
within the rear yard, around the existing pool. These trees are between 8 and
10 metres tall but are poorly located hard up against the existing in ground
pool. Two of the trees are shown for retention on the plans but it is
considered that the excavation required for the removal of the pool will have
an adverse effect upon the health of these trees. Permission should be granted
for the removal of these trees, subject to the planting of three large
replacement trees within the site.
f) One Arecastrum romanzoffianum (Cocos Palm) located within the
rear yard, around the existing pool. This palm is approximately 10 metres tall
and in reasonable condition, however, it is not a significant specimen and as
such permission should be granted for the removal of this palm.
g) One Howea forsterana (Kentia Palm) located within the rear
yard, around the existing pool. This palm is approximately 6 metres tall and in
reasonable health however, it is not a significant specimen and as such
permission should be granted for the removal of this palm.
6.3 Drainage Issues
Council’s Director of Asset & Infrastructure Services has provided
the following advice in relation to flooding:
The subject development site is located in an area that may be
subject to stormwater inundation during major storm events.
To minimise the potential for stormwater to enter the subject
development, the applicant shall either:
1. Raise the ground floor levels to a minimum RL 27.85 (AHD) (.e.
a minimum of 450mm above the back of the footpath along the site frontage) and
construct a high point in the driveway (and all other access points to the
basement carpark) to at least RL 27.60 (AHD).
OR
2. Undertake a flood study to determine accurate 1 in 100 year
flood levels for the site and raise the floor level of all habitable and
storage areas a minimum of 300mm above these levels and construct a high point
in the driveway (and all other access points to the basement carpark) at least
150mm above the flood levels.
Amended plans showing the floor levels and driveway being raised to
the required levels (in accordance with either point 1 or 2 above) shall be
submitted to Council for approval prior to development consent being issued.
It is noted that the driveway must match the back of the existing footpath at
the property boundary with the required high point being located
within the property.
To minimise stormwater runoff from the site, the new driveway and
exterior paving within the development site shall be constructed with a
permeable brick paving or other similar material that will allow stormwater to
infiltrate to ground (eg Rocla permeable paving).
Council’s Director of Asset & Infrastructure Services has provided
the following advice in relation to groundwater:
The information in the geotechnical report does not adequately
address the concerns regarding groundwater on the site.
In the absence of any evidence to show that the groundwater table is
more than 3 metres below ground level, it can only assumed that groundwater is
at 3 metres (where hole collapse occurred). Consequently, any fluctuation in
the groundwater table may result in water entering the basement excavation
(which is understood to extend some 3 metres below ground level) and referral
to the DLWC as integrated development may be required.
It is noted that the geotechnical investigation was undertaken after
a period of severe drought, and as indicated in the geotech report, the
groundwater level may rise following periods of heavy rainfall.
Given that groundwater may experience fluctuations of up to some 2
metres, it is suggested that the applicant should be requested to undertake
further testing on the site to determine whether groundwater is present within
2 metres of the base of the proposed basement excavation (i.e. within 5 metres
from ground level).
If groundwater is encountered, it is recommended that the EPCD
Department liaise with the DLWC to determine whether referral as integrated
development is required.
6.4 Traffic/Parking Issues
Council’s Director of Asset & Infrastructure Services has provided
the following advice:
To prevent queuing of vehicles in Ascot Street, the
clear width of the internal driveway shall be at least 5 metres for the first 5
metres within the property. The amended plans shall show compliance with this
requirement. It is recommended that the width of the internal driveway be kept
at 5 metres for the full length of the access ramp.
Council’s Director of Asset & Infrastructure Services has advised
that amended plans submitted by the applicant dated 5 February 2003 (Issue B) show the width of the driveway being increased to 5 metres for the first 5 metres
within the property boundary and adequately address the vehicular access issues
raised.
7. MASTER PLANNING REQUIREMENTS
A master plan is not
required as the site is less than 4,000m˛ in area.
8. RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS
The Development
application has been assessed in accordance with the provisions of the
following relevant planning documents:
- Environmental
Planning and Assessment Act 1979 (as amended)
- State Environmental Planning Policy No.1- Development Standards
(SEPP 1)
- State Environmental Planning Policy No.65 - Design Quality of
Residential Flat Development (SEPP 65)
- Randwick Local Environmental Plan 1998
- Building Code of Australia
(a) Randwick
Local Environmental Plan 1998
The site is
zoned Residential 2C under Randwick Local Environmental Plan 1998 and the
proposed activity is permissible with Council’s consent. The following Clauses
of the LEP 1998 apply to the proposal:-
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Clause
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Requirement
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Provided
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Compliance
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30 – Min. Lot Size
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N/A
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1,321.2m˛
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N/A
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31 - Landscape Area
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Clause 31(2)
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50% of site area (660.6m˛)
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53% (698.8m˛)
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Yes
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Clause 31(3)
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No
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32 - FSR
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0.9:1 (1,189.1m˛)
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1.17:1 (1,544.2m˛)
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No
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33 - Building Height
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Clause 33(2)
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10m
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Yes
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Clause 33(4)
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10m
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Yes
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(b) State Environmental Planning Policy No. 65 – Design Quality
of Residential Flat Development
The proposal
is defined as “residential flat development” for the purposes of SEPP 65.
Clause 30(2) of SEPP 65 requires the consent authority to consider the design
quality of the development when evaluated in accordance with the design quality
principles described in the SEPP. An evaluation of the design quality of the
proposal in accordance with the design quality principles is included below.
Principle 1: Context
Good
design responds and contributes to its context. Context can be defined as the
key natural and built features of an area.
Responding
to context involves identifying the desirable elements of a location’s
character or, in the case of precincts undergoing a transition, desired future
character as stated in planning and design policies. New buildings will
thereby contribute to the quality and identity of the area.
The site
forms part of a locality currently undergoing transition, however the
surrounding built form context exhibits a number of building types and ages
that contribute to the heritage and streetscape qualities of locality.
Principal
building types in the immediate locality include:
· Two-storey
Victorian terrace-style shops fronting Anzac Parade and forming part of the
Kensington Town Centre;
· Single-storey
Federation terraces and semis;
· Federation
bungalows;
· Pre-WWII
flat buildings, and
· 1960s-1980s
walk-up flat buildings.
A number of
1960s-1980s walk-up flat buildings are located throughout the surrounding area
in Doncaster Avenue, Goodwood Street to the north and Bowral Street to the
south. Buildings of this style do not currently form an integral part of the Ascot
street character and typically display poor levels of design quality in terms
of amenity, energy performance, daylight access and aesthetics. Buildings of
this style are not considered to provide desirable reference points in
determining a desirable character for infill development on the subject site.
Key built
features of residential development on the southern side of Ascot Street
include:
· Consistent
front setbacks;
· Pitched
roof forms that help to define the overall proportions and alleviate the built
mass of individual buildings;
· A
regular and substantially continuous pattern and rhythm of dwelling entries,
façade compositions and low-scale front fences;
· Window,
veranda and façade elements that avoid large expanses of walls and provide
buildings with a human scale when viewed from the street;
· Buildings
that clearly express base, middle and top sections to express the overall
building proportions;
· Buildings
that express their internal layout and use, in particular the extent of
individual dwellings, through elements such as party walls, and
· Restrained
building footprints with sufficient site areas for substantial mature planting and
tree growth at the rear of properties.
The proposal
almost completely fails to respond to the key built features of its streetscape
context. The proposed façade and frontage treatment are inconsistent with the
established pattern of development on the southern side of Ascot Street. The
proposed development frontage discontinues the pattern of dwelling and building
entries along the street. The absence of individual dwelling entries to the
street at ground level, the proposed unbroken line of planter bed along the
front boundary and the proposed entry portico at the front boundary are
singular in character and unrepresentative of the existing street context.
The proposed
façade composition is unacceptably bland and visually overbearing. When compared
to the established street context, the façade displays an inappropriate mix of
window sizes, disproportionate areas of blank space and no recognisable
architectural style.
The building
walls are set back from the street frontage further than existing buildings in
the street, compounding the proposal’s incompatibility with its immediate built
form context. The proposal comprises a flat-pitched roof form that is
uncharacteristic of the street context and fails to optimise potential
opportunities for solar energy collection. Unlike other dominant building
forms in Ascot Street, the proposed building fails to clearly define base,
middle and top sections, resulting in an undesirably bulky building form and
substantially disrupting the established pattern of development on the southern
side of Ascot Street.
Key natural
features include the site’s north-south orientation, relatively flat topography
and groundwater constraints. The proposed building configuration represents a
simplistic response to the favourable site area dimensions. The site is
generally flat and the topography presents no constraints to development. The
resulting configuration of building form over the site exhibits an excessive
visual bulk. The building configuration also fails to respond to opportunities
to achieve a more broken up building form that would allow a greater number of
dwellings at the middle and rear of the site to benefit from the site’s
northern orientation and allow a more favourable consolidation of landscaped area
on the site. Council’s Director of Asset & Infrastructure Services has
advised that the documentation included with the application does not
adequately address groundwater issues on the site and further testing is
required.
The proposal
fails to demonstrate design quality in terms of its natural and built form
contexts and fails to satisfy the objectives of SEPP 65.
Principle 2: Scale
Good
design provides an appropriate scale in terms of the bulk and height that suits
the scale of the street and the surrounding buildings.
Establishing an appropriate scale requires a
considered response to the scale of existing development. In precincts
undergoing a transition, proposed bulk and height needs to achieve the scale
identified for the desired future character of the area.
The proposed
building exhibits an excessive building bulk that is disproportionate with the
site dimensions and other building forms within Ascot Street. The proposed
design comprises an unnecessarily expansive distribution of the building over
the site, primarily the result of a simplistic block configuration. The
proposal fails to respond to the substantial opportunities afforded by the
site’s favourable area, dimensions and topography to achieve a more broken up
building configuration able to minimise the overshadowing and visual amenity
impacts for neighbouring properties, maximise the ability of dwellings at the
middle and rear of the site to benefit from the site’s favourable northern
orientation and achieve a higher quality amenity and outlook for both dwellings
and landscaped areas.
The proposal
fails to demonstrate design quality in terms of its scale and fails to satisfy
the objectives of SEPP 65.
Principle 3: Built form
Good
design achieves an appropriate built form for a site and the building’s
purpose, in terms of building alignments, proportions, building type and the
manipulation of building elements.
Appropriate
built form defines the public domain, contributes to the character of
streetscapes and parks, including their views and vistas, and provides internal
amenity and outlook.
The site has
sufficient dimensions and area to allow a significant degree of flexibility
in the configuration of building forms within the applicable development
standards. The proposed design demonstrates a simplistic design based upon
achieving the maximum density of dwellings at the expense of other design
considerations. The proposed design demonstrates little if any attempt to
achieve a configuration of building forms over the site that optimise design
quality in terms of building bulk and scale, daylight access, amenity,
orientation, streetscape and the consolidation of quality landscaped areas.
The proposal
fails to demonstrate design quality in terms of its built form and fails to
satisfy the objectives of SEPP 65.
Principle 4: Density
Good
design has a density appropriate for a site and its context, in terms of floor
space yields (or number of units or residents).
Appropriate
densities are sustainable and consistent with the existing density in an area
or, in precincts undergoing a transition, are consistent with the stated
desired future density. Sustainable densities respond to the regional context,
availability of infrastructure, public transport, community facilities and environmental
quality.
The proposal
seeks to achieve a relatively high density of dwellings on the site. While the
site is in proximity to the Kensington Town Centre, it is considered that the
proposed dwelling density is unacceptably high and is the result of an
excessive gross floor area and a failure to provide a mix of dwelling types
suitable to the locality.
The proposal
fails to demonstrate design quality in terms of its density and fails to
satisfy the objectives of SEPP 65.
Principle 5: Resource, energy and water efficiency
Good
design makes efficient use of natural resources, energy and water throughout
full life cycle, including construction.
Sustainability
is integral to the design process. Aspects include demolition of existing
structures, recycling of materials, selection of appropriate and sustainable
materials, adaptability and reuse of buildings, layouts and built form, passive
solar design principles, efficient appliances and mechanical services, soil
zones for vegetation and reuse of water.
The proposed
building configuration fails to adequately respond to the opportunities
provided by the generous site size and dimensions for optimising the provision
of solar access and natural ventilation to individual dwellings. The proposal
fails to provide sufficient modulation in building form across the site in
order to achieve narrower building forms conducive to natural ventilation and
sunlight access to both dwellings and landscaped areas.
The proposal
fails to provide an acceptable proportion of non-excavated landscaped area
suitable for the natural infiltration of water runoff.
The proposal
fails to demonstrate design quality in terms of energy, resource and water
efficiency and fails to satisfy the objectives of SEPP 65.
Principle 6: Landscape
Good design
recognises that together landscape and buildings operate as an integrated and
sustainable system, resulting in greater aesthetic quality and amenity for both
occupants and the adjoining public domain.
Landscape design builds on the existing site’s
natural and cultural features in responsible and creative ways. It enhances
the development’s natural environmental performance by co-ordinating water and
soil management, solar access, micro-climate, tree canopy and habitat values.
It contributes to the positive image and contextual fit of development through
respect for streetscape and neighbourhood character, or desired future
character.
Landscape
design should optimise useability, privacy and social opportunity, equitable
access and respect for neighbour’s amenity, and provide for practical
establishment and long term management.
The proposed
landscape design fails to maintain the continuity of development within the Ascot
Street streetscape. The proposed configuration of communal open space and
private courtyard areas within the front setback interrupts the pattern of
continuous dwelling entries to the Street and is aesthetically uncharacteristic
of the street context.
The proposed
building form fails to optimise the consolidation of quality landscaped areas
within the site. This stems from the building’s excessive site coverage and
lack of appropriate modulation across the site. The proposal fails to provide
an acceptable proportion of non-excavated landscaped area in accordance with
the Council’s requirements.
The proposal
fails to demonstrate design quality in terms of landscape and fails to satisfy
the objectives of SEPP 65.
Principle 7: Amenity
Good
design provides amenity through the physical, spatial and environmental quality
of a development.
Optimising
amenity requires appropriate room dimensions and shapes, access to sunlight,
natural ventilation, visual and acoustic privacy, storage, indoor and outdoor
space, efficient layouts and service areas, outlook and ease of access for all
age groups and degrees of mobility.
The proposal
entails substantial overshadowing and visual amenity impacts for neighbouring
dwellings. The proposed design fails to demonstrate adequate consideration of
opportunities to achieve a building form that optimises the amenity of
dwellings on the site and on adjoining properties. The proposed building
configuration comprises a continuous mass across the site and does not optimise
the substantial opportunities afforded by the favourable site conditions to
optimise the exposure of dwellings at the middle and rear of the site to the
site’s northern orientation. The simplistic building configuration also fails
to optimise opportunities to maximise the quality of natural ventilation within
dwellings.
The proposal
fails to provide sufficient storage space and does not adequately identify
those dwellings suitable for barrier-free access in accordance with the
Council’s requirements. The proposal fails to demonstrate design quality in
terms of amenity and fails to satisfy the objectives of SEPP 65.
Principle 8: Safety and security
Good
design optimises safety and security, both internal to the development and for
the public domain.
This is
achieved by maximising overlooking of public and communal spaces while
maintaining internal privacy, avoiding dark and non-visible areas, maximising
activity on streets, providing clear, safe access points, providing quality
public spaces that cater for desired recreational uses, providing lighting
appropriate to the location, and clear definition between public and private
spaces.
The upper
levels of the proposed building enjoy an outlook over Ascot Street and Kokoda Memorial
Park and facilitate casual surveillance of the public domain. The proposed
location of pedestrian building entries along the side of the building hinders
the attainment of legible pedestrian access to the building and departs from
the established pattern of dwelling entries within the streetscape. The
proposal would significantly benefit from the provision of individual dwelling
entries or a single building entry on the Ascot Street frontage.
The proposal
fails to demonstrate design quality in terms of safety and security and does
not satisfy the aims of SEPP 65.
Principle 9: Social dimensions
Good design responds to the social context and
needs of the local community in terms of lifestyles, affordability, and access
to social facilities.
New
developments should optimise the provision of housing to suit the social mix
and needs in the neighbourhood or, in the case of precincts undergoing
transition, provide for the desired future community.
The proposal
provides only one-bedroom dwellings and fails to provide an appropriate mix of
dwelling sizes. The site is of sufficient size to accommodate a range of
dwelling sizes. The site’s proximity to the Kensington Town Centre implies
that as broad a mix of dwelling sizes as possible should be pursued for the
site to ensure equitable access to transport, services and facilities. The
lack of dwelling mix undermines the ability of the proposal to meet a range of
housing needs, promote equitable access to housing for different household
types and assist in maintaining housing affordability within the locality. The
proposed one-dimensional nature of dwelling sizes significantly hinders the
proposal’s ability to accommodate lifetime needs for occupants. The proposed
lack of dwelling mix is considered to be unacceptable in the local context.
The proposal
fails to demonstrate design quality in terms of its social dimensions and fails
to satisfy the objectives of SEPP 65.
Principle 10: Aesthetics
Quality aesthetics require the appropriate
composition of building elements, textures, materials and colours and reflect
the use, internal design and structure of the development. Aesthetics should
respond to the environment and context, particularly to desirable elements of
the existing streetscape or, in precincts undergoing transition, contribute to
the desired future character of the area.
The proposed building fails to achieve quality
aesthetics. Principal areas of poor design quality include:
· The bulk
of the proposed building is excessive and results in an overbearing and
inappropriate distribution of building form over the site;
· The
building form is excessive in scale and simplistic in design and fails to
respond to desirable characteristics of the predominant building forms of the
street and locality,
· The
proposed façade composition and external finishes are bland and overbearing and
fail to respond to desirable elements within the surrounding built form context
and fail to maintain an appropriate level of cohesiveness within the
streetscape, and
· The
proposed front boundary treatment, entry portico, front setbacks and absence of
ground floor dwelling entries to the street, which are inconsistent with the
desirable elements of the established street context.
The proposal
fails to demonstrate design quality in terms of aesthetics and fails to satisfy
the objectives of SEPP 65.
8.1 Policy Controls
a. Development Control Plan – Multi Unit Housing
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CONTROLS
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PERFORMANCE REQUIREMENTS
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PREFERRED SOLUTIONS
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COMPLIANCE
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site
planning
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P1 All development
applications must be accompanied by a Site Analysis Plan which identifies
development opportunities and constraints for the site. The plan is to
demonstrate that these factors have been instrumental in shaping the design
of the proposed development.
P2 Development sites have
appropriate areas and dimensions to allow for the satisfactory siting of
buildings and ensure adequate separation between buildings.
Building design is related
to the size, shape and dimensions of the site.
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S2 Sites are of a regular
shape and have a frontage of at least 20m.
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Does not comply
The proposal fails to
demonstrate that it has adequately identified and responded to the
opportunities and constraints presented by:
· Site features and orientation;
· Principles of ecologically sustainable development;
· Form and style of existing buildings on the site and in the local
area;
· Solar access and access to ventilating breezes;
· Microclimate;
· Drainage, and
· Access.
· The proposal does not achieve the DCP’s objectives for site planning,
as it fails to demonstrate that:
· local site conditions, positive attributes, constraints and
opportunities have been taken into account in the design of the development;
· the relationship of the proposed development to adjoining development
has been considered in the design process and negative impacts minimised, and
· the design of the proposed development meets the lifetime needs of the
community, including families, the elderly and people with a disability.
Refer to sections 6.4,
9.3.1, 9.3.2, 9.3.3, 9.4 and 9.5.
Does not comply
The site has a regular shape
and a street frontage of 30.5m and satisfies the preferred solution of S2.
However, the proposed building design fails to relate to the site’s shape,
size and dimensions in a manner that satisfies the DCP’s objectives for site
planning.
Refer to sections 9.3.1, 9.3.2, 9.3.3, 9.4 and 9.5.
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building
height
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P1 Heights of walls, their
location and orientation do not cause substantial adverse impacts on the
streetscape or adjoining properties, particularly in relation to privacy,
solar access and building bulk.
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Does not comply
The proposal complies with
the external wall height standard of the Randwick LEP 1998, however the
simplistic configuration of the building, inappropriate street frontage and
lack of variation in height across the site result in an excessive building
bulk and substantial overshadowing impacts for adjoining properties.
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P2 Variations in massing and
height create visual interest, distribute the bulk of the building and
minimise amenity impacts on adjoining properties and the streetscape.
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Does not comply
The proposal fails to vary
the massing and height of development across the site in a manner that
minimises overshadowing impacts on adjoining properties and achieves an
appropriate building bulk within the streetscape.
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BUILDING
SETBACKS
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Front boundary setbacks
P1 The front
setback is determined by the existing and desired character of the
streetscape.
The setback is to be
consistent with the setback of adjoining development or the dominant setback
along the street.
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Does not comply
The proposal fails to
successfully identify and respond to desirable characteristics of the
established streetscape. The proposed front building setback is inconsistent
with the setbacks of adjoining development and fails to maintain the
continuity of built form within the streetscape.
Refer to section 9.2.
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Side boundary setbacks
P2 Buildings are set back
from the side boundary to ensure that:
there
is adequate separation between buildings to maintain reasonable levels of
solar access and minimise overshadowing.
reasonable
levels of privacy between neighbouring dwellings and their open spaces are
provided.
opportunities
for landscaping and private open space are provided.
streetscape
amenity is maintained.
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S2 Zone 2C
Buildings (including
balconies) maintain a minimum average setback (measured for the length of the
building along that boundary) of 5 metres from any side boundary.
No part of the building is
closer than 3.5 metres from any side boundary.
The maximum length of any
one section of wall (without any articulation) is 10 metres. The minimum
length of any step is 3 metres.
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Eastern side– Ground
floor
Complies
Average
setback – 5.9m
Minimum
setback - 4.0m.
Maximum length of unarticulated wall – 9.4m.
Eastern side– First &
second floors
Complies
Average
setback - 5.4m
Minimum
setback - 4.0m.
Maximum
length of unarticulated wall – 8.3m.
Western side– Ground
floor
Does not comply
Average
setback - 6.0m.
Minimum
setback - 4.0m.
Maximum length of unarticulated wall – 12.0m.
Western side– First &
second floors
Complies
Average
setback – 5.6m Minimum setback - 4.0m.
Maximum length of unarticulated wall - 8.3m.
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Rear Boundary Setbacks
P3 Buildings are
set back from the rear boundary to ensure that:
there
is adequate separation between buildings to maintain reasonable levels of
solar access and minimise overshadowing.
reasonable
levels of privacy between neighbouring dwellings and their open spaces are
provided.
opportunities
for landscaping, communal recreation facilities and outdoor clothes drying
spaces are provided.
Buildings are built across a
site rather than down its length.
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S3 Zone 2C
Buildings (including
balconies) maintain a minimum average setback (measured for the length of the
building along that boundary) of 8 metres from the rear boundary.
No part of the building is
closer than 6 metres from the rear boundary.
The maximum length of any
one section of wall (without any articulation) is 10 metres. The minimum
length of any step is 3 metres.
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Ground floor
Does not comply
Average
setback - 8.9m.
Minimum
setback – 7.6m.
Maximum length of unarticulated wall – 18.5.
First & second
floors
Does not comply
Average
setback - 7.4m.
Minimum
setback – 5.8m.
Maximum length of unarticulated wall – 18.5m.
Refer to Section 9.2.
The proposed building
extends along much of the site’s length, leading to an excessive building
bulk. The proposed building form and configuration are simplistic and fail
to optimise opportunities to break up the building’s mass, optimise opportunities
for natural ventilation and daylight access to dwellings and consolidate
quality landscaped areas at ground level.
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General
P4 The provision
of eaves, window hoods and other sun-shading or weather protection devices
demonstrates that no significant adverse impact on adjoining properties will
occur.
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S4 Eaves, window hoods and
other sun-shading or weather protection devices may encroach no more than
25% of the Preferred Solution for the building setback at that point.
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Complies
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DENSITY
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P1 Building bulk is
compatible with surrounding built forms and minimises impact of building bulk
on nearby buildings, open spaces and the streetscape.
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Does not comply
The proposed building bulk
is excessive and disproportionate with the streetscape and other development
in the locality.
Refer to Section 9.5.
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FENCES
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P1 Front fences
integrate with the local streetscape, complement the architectural design of
the building and fence design features of the locality.
Entrances to the site and
buildings are highlighted.
Planting is used to soften
impacts of front fences and provide additional privacy.
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S1 Solid front fences
facing the street are no higher than 1.2 metres. This may be increased to 1.8
metres where the fence has openings that make it at least 50 % transparent.
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Does not comply
A 0.6m high planter bed and
0.9m high retaining wall are proposed for the site’s Ascot Street
frontage. The proposed planter bed runs along the entire frontage without
interruption. The proposed boundary treatment is inappropriate as:
the
proposed planter bed and fence does not provide for individual entries to the
street for ground floor units fronting Ascot Street and fails to maintain the
rhythm and pattern of openings into the street established by the existing
buildings on the site and the adjoining terrace houses to the east;
the
style of fence, comprising an unbroken line of planter bed, does not match
other fence styles within the street, and
the
proposed entry portico is singular in character and is a feature not
incorporated by other development in the street.
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LANDSCAPE
& private OPEN SPACE
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Landscaped Area
P1 Landscaped areas are of
sufficient size to enable the space to be used for recreational activities,
or be capable of growing substantial vegetation.
P2 Landscaped areas around
flat buildings are treated as communal open space for use by all residents of
development. Common open space is not divided up and allocated to individual
dwellings within a development to the exclusion of other users on upper
levels.
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S1 The minimum dimension
for an area of land included in calculations for the landscaped area
requirements is 2 metres.
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Complies
Landscaped areas and
terraces to the front, rear and sides of the proposed building have
dimensions greater than 2m.
Complies
The proposal provides a mix
of communal open space and private open space at ground level.
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Private Open Space
P3 Private open
space:
provides
privacy for its users;
is
readily accessible from the main living areas of the dwelling so that it can
become an extension of the dwelling,
provides
opportunities for outdoor recreation and living.
P4 Private open
space may only be provided between the front of the building and the street
where building setback and front fence design achieve a sympathetic
relationship with the street.
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Complies
Private open space areas are
provided to all ground floor units. The areas are directly accessible from
internal living areas and are of sufficient size and dimensions to provide
outdoor recreation and living opportunities.
Does not comply
The provision of private
open space within the street frontage is appropriate in the street context,
however the proposed frontage treatment and configuration of communal open
space and private courtyards within the front setback is out of character
with the established pattern of ground floor dwelling entries along the
southern side of Ascot Street.
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Flats and apartments
P6 Each dwellings has
access to an area of private open space in the form of a courtyard, balcony,
deck or roof garden, accessible from within the dwelling.
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S6 Private open space for
flats and apartments has a minimum area of 8m2 and a minimum
dimension of 2 metres.
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Complies
The proposal also provides
private courtyards to each of the ground floor units. Substantial balcony
areas are to be provided off the living rooms of all proposed first and
second floor apartments. All proposed courtyards and balconies have minimum
areas and dimensions sufficient to satisfy the numeric requirements of S2.
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PRIVACY
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Visual Privacy
P1 Windows and balconies of
main living areas are located to avoid overlooking of similar windows in
adjoining dwellings and areas of private open space (whether part of the
development or on adjoining properties).
P2 Private open space
design and location ensure privacy.
Acoustic Privacy
P3 Building layout and
design minimises transmission of noise. Development is designed to separate
“quiet areas” such as bedrooms from common recreation areas, parking areas,
vehicle access ways and other noise generating activities.
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S1 Where there is a
horizontal separation of less than 10 metres between windows, they should be
offset, angled or screened to reduce potential privacy impacts.
A sill level of 1.6 metres
above floor level provides satisfactory protection for overlooking.
S4 Walls and floors between
dwellings are constructed in accordance with the requirements of the Building
Code of Australia regarding sound transmission and insulation.
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Complies
Refer to Section 9.3.2.
Complies
Complies
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VIEW SHARING
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P1 The design and location
of buildings takes existing topography, vegetation and surrounding
development into account as a basis assessing effect on view.
P2 Development minimises
effects on views and demonstrates steps that have been taken to mitigate view
loss, in particular view loss of significant features such as the ocean,
coastline, nearby open space areas and significant landmarks or buildings.
P3 Buildings and dwellings
are aligned to maximise view corridors between buildings.
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Does not comply
The subject site forms a
substantial proportion of the Ascot Road streetscape and a backdrop to views towards Ascot Street
from Kokoda Memorial Park and across the park from Goodwood Street
to the north.
Refer to Section 9.3.3.
Complies
The proposal will not reduce
significant views enjoyed from adjoining properties.
Not applicable
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SOLAR ACCESS AND ENERGY
EFFICIENCY
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Solar Access to
Neighbouring Properties
P1 The design, orientation,
siting and siting of new buildings and landscaping minimises loss of solar
access to neighbouring properties.
P1.1 Solar access to existing
solar collectors on adjacent buildings is maintained between 9am and 3pm each day,
throughout the year.
P1.2 Living areas of
neighbouring dwellings do not have access to sunlight reduced to less than 3
hours per day.
P1.3 At least 50% of the
principal landscaped areas of neighbouring dwellings does not have access to
sunlight reduced to less than 3 hours per day.
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Does not comply
The proposed building design
displays an excessive bulk and simplistic distribution of building form
across the site that fails to minimise the loss of solar access to the open
space areas of neighbouring properties.
Refer to Section 9.3.1.
Complies
The proposal does not
inhibit solar access to any existing solar collectors on adjacent buildings.
Does not comply
Refer to Section 9.3.1.
Does not comply
Refer to Section 9.3.1.
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Building Layout, Design
and Construction
P4 Buildings and outdoor
spaces are designed to protect from prevailing strong winds and adverse
weather conditions.
Living
areas are orientated to the north with access to winter sun and summer shade.
Larger
windows are located on the north side where they are exposed to the lower
winter sun, but can be shaded by roof eaves, verandahs or balconies from high
summer sun. Windows are protected with effective shading devices such as
verandahs, hoods and external screens.
P5 Buildings have an area
of roof with appropriate orientation and pitch, suitable for the installation
of solar collectors.
P7 Adequate space is
provided for outdoor clothes drying.
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S4 75% of dwellings in a
development achieve 3.5 star rating by NatHERS or equivalent and no dwelling
achieves less than 3 stars, unless the site analysis can demonstrate that
this is not achievable on a particular site and an Energy Performance
Statement demonstrates that the design of the dwelling units satisfies the
intent of these objectives and performance criteria.
The NatHERS rating for each
dwelling (on a typical unit basis) is provided with the application.
S5 Adequate roof area
should be provided facing between 45 degrees east and 45 degrees west of
north, and a slope between 15 and 55 degrees to the horizontal is provided
for the installation of solar collectors.
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Does not comply
The proposal satisfies the
preferred solution of S4. Sixteen of the proposed 24 dwellings achieve a
NatHERS rating of 4 stars or higher. The remaining eight dwellings achieve a
rating of 3.5 stars.
The proposed building
configuration is simplistic and fails to take advantage of opportunities to
maximise the northern orientation of dwellings on the site. While meeting
the preferred solution of S4, the proposal fails to fully satisfy the
performance requirements of P4.
Does not comply
The proposed building
exhibits a flat roof design that fails to provide opportunities for the
provision of solar collectors in accordance with the preferred solution of
S5.
Complies
Adequate space for outdoor
clothes drying is provided within private courtyards and balconies for each
dwelling.
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SAFETY AND SECURITY
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P1 Building and landscaping
design allows casual surveillance of footpaths and driveways.
P2 Approaches to the site
and the entries of each dwelling are visible from within that dwelling.
P3 High walls and parking structures
which obstruct views into the development are avoided.
P4 Resident car parking are
equipped with security grilles or doors.
P5 Visitor parking spaces
are clearly identifiable and located to facilitate surveillance by some
units.
P6 Visitor entry to all
units and internal common areas is controlled by intercom and remote locking
systems.
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Complies
Windows and balconies
overlook street and entry areas, and no front fencing is proposed allow
surveillance.
Complies
Complies
Complies
The provision of a security
roller shutter with intercom system to the basement car park can be required
as a condition of development consent.
Not applicable
All on-site parking is to be
located and secured within the proposed basement car park.
Complies
The provision of remote
locking systems can be required as a condition of consent.
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PARKING
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P1 Garages and parking
structures are sited and designed to not dominate the street frontage by:
minimising
frontage width;
ensuring
that the form, materials and detailing complement the associated building;
being
excavated or setback further from the street than the associated building.
P2 The design of parking
areas gives consideration to the need to provide parking spaces capable of
use by people with a disability.
P3 Accessible, safe and
secure storage for bicycles are provided.
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Complies
All parking is provided at a
basement level with a single entry point from the Ascot Street
frontage.
Does not comply
The proposal is required to
provide one car space designed for people with a disability. A lift provides
access between the basement car park and the fifteen units at the rear of
the building.
Refer to Barrier-Free
Access.
Complies
A bicycle storeroom is
proposed within the basement car park.
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DRIVE-WAYS
AND turning AREAS
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P1 Site planning and
building layout minimise the amount of driveways and manoeuvring areas.
P2 Vehicles are able to
enter and leave the site in a forward direction at all times.
P3 The alignment of
driveways and access roads is varied to create visual interest and avoid a
‘gun barrel’ effect.
P4 Clearance between
boundaries and driveways, access ways and parking spaces is of sufficient
width to enable landscaping and screen planting.
P5 Surface materials and
external finishes are consistent and compatible with those used throughout
the development.
P6 Driveway gradients are
designed for vehicle and pedestrian safety. Potential for vehicles to scrape
at gradient changes is avoided.
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S2 Parking layout ensures
that vehicles are able to enter parking spaces in a single turning movement
and leave the space in no more than 2 turning movements.
S3 Long sections of
driveways provide passing bays to allow for access and circulation of
vehicles.
S4 Driveways have a minimum
width of 3 metres and are located at least 1 metre from any side or rear
boundary fence.
S5 Large expanses of
uncoloured concrete are to be avoided.
S6 Driveway gradients do
not exceed 1 in 6. For long ramps (greater than 20 m) a maximum gradient of
1 in 5 can be used with suitable transition grades as outlined in Council’s
Parking DCP.
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Complies
Complies
Complies
Passing bays are not
required due to length of proposed driveway.
Does not comply
The proposed driveway width
is 3.5m wide (5.0m wide for first 5.0m into the site) and is satisfactory.
However, the driveway is set back only 0.5m from the western side boundary
and provides insufficient space for landscaping along this section of the
boundary.
Complies
Driveway will be required to
be constructed of a suitable permeable brick paving or similar material to
allow stormwater to infiltrate into the ground in accordance with the advice
of Council’s Director of Asset & Infrastructure Services.
Complies
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STORAGE
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P1 Development provides for
readily accessible and separately contained storage areas for each dwelling.
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S1 10m˛ of storage space is
provided for each dwelling with a minimum clearance height of 2.1m.
At least 50% of the storage
space is within the dwelling and is readily accessible from either the
hallway or main living area of that dwelling.
Storage facilities may be
provided in basement or sub-floor areas, or attached to garages.
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Does not comply
The preferred solution of S1
requires the provision of storage space for 24 dwellings. The proposal
includes separate storage areas within the basement car park for eighteen
dwellings only. These range in size from 1.3m˛ to 2.7m˛. No designated
storage space is provided within the proposed dwellings. The proposal fails
to satisfy the performance requirement of P1 and the DCP’s objective for
storage.
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BARRIER-FREE ACCESS
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P1 Design must address the
provision of access for people with special access needs.
P2 Access for people with a
disability is provided to and within one dwelling at the following rates:
0 – 14 dwellings 0
15 – 29 dwellings 1
30 – 44 dwellings 2
45 – 60 dwellings 3
P3 Each dwelling that is
designed for people with a disability has a corresponding parking space
designed for people with a disability.
P4 All development which
provides a passenger lift provides access for people with a disability to all
common foyer and parking areas.
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S1 Publicly accessible
areas comply with the Building Code of Australia for access and mobility
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Complies
Does not comply
The proposal contains 24
dwellings and is required to provide at least one dwelling designed to
provide access for people with a disability. The proposal does not identify
a dwelling designed for barrier-free access and does not demonstrate
compliance with P2 or the DCP’s objectives for barrier-free access.
Does not comply
The proposal is required to
provide at least one on-site parking space designed for people with a
disability. A designated disabled space is provided within the basement car
park, however this also doubles as the designated car wash bay and is of
insufficient dimensions to satisfy P3.
Complies
The proposal includes lift access
between the basement car park and the fifteen dwellings located on the
ground, first and second floors at the rear of the building.
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UTILITIES/ SITE
FACILITIES
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P7 An internal laundry is
provided in each dwelling.
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Complies
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WASTE
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P1 Waste collection and
separation facilities are provided for each dwelling.
P2 Waste storage facilities
are provided either as a centralised garbage/recycling room accessible to
garbage compactors or in a facility where bins can be easily wheeled to the
street for collection. The facilities are of a sufficient size to meet the
needs of the dwellings and the garbage /recycling collection service.
P3 The location and design
of waste collection facilities complements the design of the development and
is not visually obtrusive in the streetscape or from any public places.
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S1 Each dwelling has a
waste storage cupboard in the kitchen sufficient to enable separation of
recyclable material.
S3 Waste facilities should
not be located between the front alignment of the building and the road.
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Complies
The provision of waste
storage cupboards can be required as a condition of consent.
Complies
The proposal includes a
garbage/recycling room within the basement car park. The storage room
provides sufficient storage for 24 x 240L bins. The applicant has undertaken
that an appointed caretaker will wheel bins to and from the garbage/recycling
room and the kerbside collection point.
Complies
The proposed
garbage/recycling room will not be visible from the street.
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HERITAGE
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P1 The design and
construction of new development:
complements
the architectural character of any adjacent heritage item or the important
characteristics of the heritage conservation area;
does
not dominate or overwhelm a conservation area or a particular heritage item
in terms of its scale and proportions;
retains
the identified significance of the heritage item and/or heritage conservation
area;
pays
particular attention to the nature of design elements;
complements
but does not mimic the design features of the heritage item.
P2 In any development
adjacent to or in the vicinity of heritage buildings, the significance and
visual prominence of the heritage buildings is respected.
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Complies
The proposal is not located
within a heritage conservation area and does not adjoin any heritage items.
Complies
The proposal is in proximity
to a row of eight heritage-listed single-storey Federation terrace houses on
the eastern side of Doncaster Avenue. These extend south from the Ascot Street
intersection. The Kensington Public School contains a number of buildings of heritage
significance and is located south of the site on the corner of Bowral Street
and Doncaster Avenue.
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b. Development Control Plan - Parking
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Standard
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Requirement
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Provided
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Compliance
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Car Parking
(a) Number
of spaces
(b) Parking
layout
(c) Bicycle
Storage
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1 space per
dwelling
(24 spaces)
1vistor space
per 4 dwellings
(6 visitor
spaces)
TOTAL SPACES
REQUIRED = 30
1space per 3
dwellings plus 1 visitor space per 10 units
(10 bicycle spaces)
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24 spaces
6 spaces
30 SPACES
Unenclosed
spaces 2.5m x 5.5m minimum
End bay spaces
3.0m x 5.5m minimum.
Common storeroom
provided for units within basement car park that may be used for bicycle
storage.
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Complies
Complies
Complies
Complies
Complies
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9. ENVIRONMENTAL ASSESSMENT
The site has been
inspected and the application has been assessed having regard to Section 79C of
the Environmental Planning and Assessment Act, 1979, as amended.
9.1 Randwick
LEP 1998
9.1.1 Landscaped
Area
Clause 31(2)
of the LEP 1998 requires a minimum of 50% of the site area to be provided as
landscaped area. Clause 31(3) of the LEP 1998 requires that areas over podiums
or excavated basement areas must not exceed 50% of the landscaped area requirements.
The
application drawings do not provide sufficient dimensions to verify the
applicant’s landscaped area calculations. Manual calculations undertaken as
part of the assessment indicate that the landscaped area provided in the
proposal is 689.8m˛ or 53% of the site area (compared to 733.7m˛ or 55% of the
site area as stated in the application). On the basis of the manual
calculations, the proposal complies with Clause 31(2).
The manual
calculations indicate that the amount of proposed landscaped area not located
over podiums or excavated basement areas is 317.7m˛ or 48% of the landscaped
area requirements (compared to 338.5m˛ or 51% of the landscaped area
requirements as stated in the application). On the basis of the manual
calculations the proposal fails to comply with the development standard of
Clause 31(3). Council is unable to approve the development proposal without
obtaining either verification of the proposal’s compliance with Clause 31(3) or
approving an appropriate SEPP 1 objection to justify the non-compliance.
9.1.2 Floor Area
The SEPP 1
objection submitted with the application argues that strict compliance with the
FSR standard is both unreasonable and unnecessary in the circumstances of the
case on the following grounds:
SEPP
1: The proposed development is of a height, size, bulk and
external appearance that are in keeping with the multi-unit housing in this
locality. The proposed building has been designed to relate to the scale and
desired future character of the locality and to maintain the existing pattern
of street setbacks.
Response: The proposal does not display a height, size, bulk
or external appearance that are in keeping with residential building forms in
the locality. The surrounding streets exhibit a number of building types and
styles. The proposal fails to maintain the rhythm, pattern or proportions of
façade compositions and dwelling entries within the Ascot Street streetscape,
despite the fact that this could be readily achieved through the use of a more
sympathetic design approach. The resulting external appearance is singular in
character and exhibits poor design quality in terms of attaining an appropriate
development fit within the streetscape.
The proposed
building design is simplistic and does not reflect the opportunities available
on the large site to distribute building mass across the site in a manner that
would achieve a more suitable standard of design quality. As a result, the
proposed building bulk and scale are excessive and out of proportion with the
site area and dimensions when compared to other development in Ascot Street and
the locality.
The excessive
scale is readily apparent across the site when viewed from street level. The
simplistic building form unnecessarily constrains the proposal’s ability to
optimise amenity for both potential occupants of the proposed building and
neighbouring dwellings.
The proposal
fails to maintain the established pattern of front setbacks along the southern
side of Ascot Street. The proposed front setback and boundary treatment are
singular in character, interrupt the established pattern of individual dwelling
entries to Ascot Street and fail to correspond with other developments in the
streetscape.
SEPP 1: The proposal is a contemporary design that
features parapet walls and a flat roof, thereby creating a building that is
lower in height than adjacent residential flat buildings including those
immediately adjoining to the west and to the rear. It is considered to provide
an appropriate built form that provides a building of dimensions and massing
that is generally wider but lower in height than other residential flat
buildings in the immediate locality. The proportion of the site to be
landscaped exceeds the requirements of Council’s DCP – Multi-unit Housing.
Response: The proposed building design and mass are out of
character with other building forms in the Ascot Street streetscape. Manual
calculations carried out as part of the assessment indicate that the proposal
does not include the required proportion of non-excavated landscaped area.
SEPP 1: The proposed development has been sited to
protect, as far as practicable, the privacy and solar access of adjoining
buildings. The orientation of dwellings, location of windows and proposed
landscaping all serve to minimize loss of privacy between adjacent dwellings.
Similarly, the amount of shadow caused by the proposed development is not
considered to be significant given that much of the shadow falls within the
subject property with only limited shadow impacts on adjacent residential
properties. Only two adjoining buildings will be affected by shadowing from
the proposed development, details of which are contained in the shadow diagrams
and Statement of Environmental Effects submitted with the development
application.
Response: The proposed building design does not, as far as
practicable, protect the privacy and solar access of adjoining properties.
While the potential privacy impacts of the proposal are considered to be
acceptable, the proposed building design implies a degree of overshadowing and
aesthetic intrusion for adjoining properties that is unnecessary given the
substantial opportunities for sensitive site planning afforded by site’s favourable
size, dimensions and topography.
The proposed
building will significantly increase levels of overshadowing to the principal
open space areas of adjoining properties. While some increase in the degree of
overshadowing may reasonably be expected from the redevelopment of the site, it
is considered that the proposed design has failed to adequately respond to the
site opportunities in a manner that reduces the amenity impacts for the
neighbouring properties.
SEPP 1: Accordingly, notwithstanding exceedence of
the FSR standard, the proposal satisfies the objectives of the FSR standard
contained in the planning instrument. In the circumstances of the case, the
SEPP No. 1 Objection for the FSR non-compliance is considered to be well
founded.
Response: The
stated purpose of the FSR standard is:
To
establish reasonable upper limits for development in residential, business,
industrial and special use zones through a limit on the amount of floor space
that can be provided. This will help to reduce the potential for adverse
amenity impact on nearby and adjoining development while still providing for
reasonable levels of development and redevelopment.
The proposed
FSR is the result of a simplistic building design that fails to adequately
respond to the opportunities for sensitive site planning and quality design
afforded by the site’s favourable size, dimensions, topography and
orientation. The proposal exhibits a building bulk that is excessive in the
street context and implies and undesirable level of overshadowing and visual
intrusion for neighbouring properties. The proposal does not represent a
reasonable level of development and does not satisfy the FSR standard’s
purpose. The SEPP 1 objection is not well founded and the proposed
non-compliance with the FSR standard is not supported.
9.2 Building
Setbacks
The proposed
building fails to comply with the front, side and rear boundary setback
requirements of the Multi-Unit Housing DCP.
The proposal
fails to provide a front setback that is consistent with either the setback of
adjoining development or the dominant setback along Ascot Street. The proposed
front setback and frontage treatment are inconsistent with the desirable
elements of the established street context and are unacceptable.
The western
side elevation of the proposed building does not comply with the articulation
requirement of the Multi-Unit Housing DCP’s preferred solution. While it is
considered that the proposed building provides suitable articulation along the
side boundary setbacks in accordance with the DCP’s provisions, the
configuration of the building, which comprises a continuous building form down
the length of the site, is considered to be unacceptable in the circumstances.
The proposal
does not satisfy the DCP’s performance requirements for rear boundary
setbacks. The rear elevation of the proposed building fail to achieve an
adequate level of articulation. The first and second floors of the building
also fail to satisfy the numeric requirements of the Multi-Unit Housing DCP’s
preferred solutions for minimum average setback and minimum setback. The
proposed setbacks for the first and second floors of the building are
considered to be unacceptable in the circumstances as the non-compliance
increases the level of overshadowing for adjoining properties and add to the
perceived excessive bulk of the building.
9.3 Amenity Impacts
The proposal displays a building bulk that is excessive in the
streetscape context and entails an unnecessary degree of aesthetic intrusion
for adjoining properties. The excessive scale and bulk of the proposed
building is the result of a simplistic design that fails to adequately respond
to the site qualities. While the proposed building configuration maintains
acceptable levels of privacy for adjoining properties, it entails an
unnecessary degree of aesthetic intrusion for adjoining properties. The
proposed building configuration also fails to take advantage of opportunities
provided by the site’s favourable area, dimensions, topography and orientation
to maximise the internal amenity of dwellings at the middle and rear of the
site and to maximise the consolidation and quality of landscaped areas on the
site. In the circumstances, the proposed building bulk and configuration do
not adequately respond to opportunities to protect the amenity of adjoining
properties, the streetscape, or maximise the amenity of new dwellings.
9.3.1 Overshadowing and Sunlight Access
The
application includes shadow diagrams for 9.00am, 12.00 noon and 3.00pm on 21 June. The diagrams do not describe the existing extent of overshadowing of
the adjoining properties, however it is apparent that the proposal will reduce
the level of daylight access to the internal living areas to the rear of the
existing dwelling at No. 6 Ascot Street to substantially less than 3 hours per
day in mid-winter.
The submitted
shadow diagrams do not appear to be measured from the correct points of
reference on the proposed building. The drawings fail to take into account the
overshadowing impacts of the proposed balconies and, as such, understate the
extent of likely overshadowing. On this basis, it is apparent that daylight
access to the internal living areas of dwellings at the rear of No. 14 Ascot
Street will be reduced to less than 3 hours per day in mid-winter.
The submitted
shadow diagrams indicate a substantial increase in levels of afternoon
mid-winter overshadowing for the principal open space areas of adjoining
properties at No. 4 and 6 Ascot Street and properties to the south and south-east
of the site. The proposal entails a substantial increase in morning mid-winter
overshadowing for the rear communal open space of No. 14 Ascot Street and
properties to south and south-west fronting Bowral Street.
While some
increase in overshadowing may reasonably be expected from redevelopment of the
subject site, it is considered that the extent of additional overshadowing
provided by the proposed development is not justifiable and results from an
excessive building bulk and a poor quality building configuration that fails to
adequately respond to the site dimensions.
9.3.2 Privacy and Overlooking
In general, the proposal provides for reasonable levels of visual
and acoustic privacy for the internal living areas and private open space areas
of the proposed dwellings and those on the adjoining properties. The internal
layout of the proposed building groups and separates noisy and quiet spaces
sufficiently to provide for adequate levels of acoustic privacy between
dwellings.
Ground Floor
Windows attached to internal living areas in the ground floor units
at the front (northern end) of the proposed building are oriented towards Ascot Street and do not directly overlook
any living areas or private open space areas on the adjoining properties. Side
windows for the front ground floor units are limited in size and are attached
only to secondary uses within the dwellings. These windows are separated from
the side boundaries by a minimum of 4.0m and entail no unreasonable privacy
impacts for adjoining properties.
Side windows for the middle ground floor units are attached to
living areas, however these are set back from the side boundaries by between
7.1m and 7.8m and are sufficiently separated from the side boundaries to avoid
any unreasonable privacy impacts for the adjoining properties.
Ground floor units at the rear (southern end) of the proposed
building include windows attached to living areas oriented to the side and rear
boundaries. The proposed side windows are oriented towards existing open space
areas at the rear of No. 6 Ascot Street and a communal driveway and parking
area at the rear of No. 14 Ascot Street and do not entail any unreasonable
privacy impacts for these properties. Rear-facing windows are sufficiently
separated and screened to avoid any unreasonable impacts for adjoining premises
to the south.
First and Second Floors
Windows attached to internal living areas in the first floor units
at the front (northern end) of the proposed building are oriented towards Ascot Street and maintain the visual
privacy of the adjoining buildings. The proposed balconies provide
opportunities for overlooking of the adjoining properties, however these are
adequately set back from the side boundary to avoid any unreasonable levels of
overlooking. Side windows for the first and second floor units repeat the
pattern of the ground floor units and are limited in size and are attached only
to secondary uses within the dwellings.
Side windows and balconies for the middle first and second floor
units are attached to living areas, however these are sufficiently separated
from the side boundaries to avoid any unreasonable overlooking of the adjoining
properties.
First and second floor units at the rear (southern end) of the
proposed building include windows attached to living areas and balconies
oriented to the side and rear boundaries. These are sufficiently set back from
the boundaries to avoid any unreasonable impacts for adjoining premises to the
south.
9.3.3 Views
The proposal does not interrupt any significant
views from adjoining properties. However, the subject site occupies a
substantial proportion of the backdrop to views towards Ascot Street from Kokoda
Memorial Park and across the park from Goodwood Street. The proposal’s
excessive building bulk and failure to achieve an acceptable fit within the
street context will cause it to be a significant and undesirable element of
these views.
9.4 Building
Design, Materials and Appearance
The existing
built form character of Ascot Street is dominated by a substantially intact row
of single-storey Federation terrace houses and bungalows on the southern side
of Ascot Street. The pattern is interrupted by the three-storey pre-WWII flat
building adjoining the site at No. 14 Ascot Street. A 1960s-1980s walk-up flat
building is located west of the site on the northern side of Ascot Street. The
street is framed at either end by Doncaster Avenue, which contains a variety of
housing types including a number of heritage listed Federation terraces, and
Anzac Parade, which contains a row of two-storey Victorian terrace-style shops
extending south from the Ascot Street corner. These are identified by the
Kensington Town Centre DCP as being contributory to the Town Centre’s
character.
The resulting
building is singular in character and highly distinctive within the street
context for its excessive bulk, simplistic design and unrepresentative façade
composition. The proposal exhibits poor design quality in the following areas:
· The
proposal fails to maintain the established rhythm and pattern of individual
dwelling entries from the street;
· The
proposed front building setback fails to maintain continuity of the established
built form within the street;
· The
location, size and pattern of windows within the front façade is singular in
character and does not indicate any attempt at continuity with established
buildings within the street;
· The
style, pattern and proportions of proposed façade elements, including columns,
balustrades and balcony widths fails to maintain continuity with the
established built form character of the street.
While the
proposal represents a new building type for the site, it nevertheless fails to
adequately identify and respond to the desirable elements of the existing
street character and pattern of development within Ascot Street and the
surrounding locality. The proposed building is unacceptable in this regard.
9.5 Building Bulk and Scale
The proposed
building bulk and scale are excessive and disproportionate to the site size and
dimensions. The proposed building design is simplistic and implies a design
approach based largely on achieving a maximum dwelling density at the expense
of design quality considerations. The resulting building form displays a bulk
and scale that is distributed across the site in a crude manner and that
results in an excessive visual bulk when viewed down the site and within the
street context.
The proposed
building form implies a poor level of site analysis to determine the most
appropriate means to achieve the Multi-Unit Housing DCP’s aims for amenity,
sustainability and visual appropriateness. The subject site exhibits no
substantial above-ground design constraints and displays an area, dimensions,
topography and orientation that are favourable to sensitive site planning and
quality design. The proposed building form fails to respond to opportunities
to achieve a configuration that more effectively provides for dwelling amenity
and the creation of quality landscaped areas within the site. The proposed
scale of the building is excessive and entails an unnecessary degree of
overshadowing and aesthetic impacts for adjoining properties. The proposed
bulk and scale are unacceptable in the circumstances.
10. CONCLUSION
The proposal represents
an overdevelopment of the subject site and fails to adequately respond to
opportunities for quality design afforded by the site’s favourable area,
dimensions, topography and orientation. The proposal is inconsistent with the
desirable elements of the established streetscape context and entails
unacceptable overshadowing and enmity impacts for the adjoining properties.
The proposal does not meet the requirements of the Randwick
LEP 1998 regarding landscaped area and floor space and is inconsistent with a
number of the requirements of the Multi-Unit Housing DCP. The proposal fails
to achieve design quality in accordance with SEPP 65.
RECOMMENDATION:
A. THAT Council as the responsible authority refuse development
consent under Section 80 and 80A of the Environmental Planning and Assessment
Act 1979 (as amended) to Development Application No 995/2002 for demolition of
the three existing dwellings and the construction of a three storey multi-unit
housing development containing 24 x one bedroom dwellings with associated
basement car parking at 8-12 Ascot Street, Kensington for the following
reasons:-
(a) The proposed development fails to demonstrate design quality in
accordance with the requirements of State Environmental Planning Policy No. 65
– Design Quality of Residential Flat Development.
(b) The proposed development fails to provide a sufficient amount of
landscaped area not located above podiums or excavated basement areas in
accordance with Clause 31(3) of the Randwick LEP 1998.
(c) The proposed development entails a gross floor area that is in
excess of the requirements of Clause 32 of the Randwick LEP 1998 and that is
not justified under the terms of State Environmental Planning Policy No. 1 –
Development Standards.
(d) The proposed development fails to demonstrate an acceptable
level of site analysis in accordance with the Council’s requirements.
(e) The proposed development has not adequately addressed
groundwater and flooding issues, or demonstrated that the proposal does not
constitute integrated development.
(f) The proposed development exhibits a building bulk and scale
that is excessive and out of character with the surrounding built form context.
(g) The proposed development entails unacceptable levels of
overshadowing for neighbouring properties.
(h) The proposed development does not comply with the objectives or
requirements of the Council’s building setback provisions.
(i) The proposed development entails unacceptable visual amenity
impacts for the streetscape and neighbouring properties.
(j) The proposal exhibits an unacceptably poor aesthetic quality
that is undesirable and inconsistent with the streetscape.
(k) The proposal fails to provide an appropriate mix of dwelling
sizes suitable to the site and its context.
(l) The proposal fails to meet the Council’s minimum requirements
for the provision of barrier-free access.
(m) The proposed development does not provide adequate storage space
in accordance with the Council’s requirements.
ATTACHMENT/S:
A4 reduced plans
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SIMA TRUUVERT
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STUART HARDING
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ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT
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WILLANA ASSOCIATES
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Development
Application Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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Subject Site
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Submissions received
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Ů
North
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The
application has been referred to the Health, Building and Planning Committee
for determination at the request of Councillors Sullivan (Mayor), Tracey and Greenwood.
The estimated
cost of the development is $15,000
The proposal
was notified to adjoining and nearby property owners and one (1) submission was
received.
The main
issues regarding the proposal are the proposed location of the double garage
forward of the building line and the proposal’s impact upon the appearance and
character of the dwelling, surrounding dwellings and the local streetscape
generally.
The
recommendation is for refusal.
2. THE PROPOSAL
The applicant
is seeking an approval to construct new double brick cement rendered garage
attached to the front of the existing dwelling with minor additions and
alterations to the dwelling. The garage is to have a dimension of approximately
5.84m x 5.24m and is sited onto the southern side boundary and onto the street
alignment.
It is also
proposed to erect a new front fence up to 1.10m in height, install new windows
and enclose the existing verandah opening.
3. THE SUBJECT SITE AND SURROUNDING AREA:
The subject
site is located on the western side of Keith Street between Clovelly Road and Allan
Avenue. The existing premises comprises a detached single storey brick
dwelling with tile roof occupying an allotment which slopes slightly downwards
from the north eastern corner to the south western corner. The surrounding area
predominantly consists of single and two storey free standing and semi detached
dwellings.
4. SITE HISTORY
a. APPLICATION
HISTORY
- Building application (LA 1151/94) to construct a garage sited
onto the southern and eastern boundaries was refused by Council’s Health,
Building and Planning Committee on 2 May, 1995.
- Local Approval Application (LA 563/95) to construct a double
garage setback at 900mm from the southern boundary and a Dutch gable was
refused by Council’s Health and Building and Planning Committee on 1 August 1995.
- Local Approval Application (LA902/1996) to erect a cement
rendered double garage, new brick fence and enclose the existing verandah was
refused under delegated authority on 3 December 1996.
5. COMMUNITY CONSULTATION:
The proposal
has been notified to adjoining property owners for a period of 14 days in
accordance with clause 23 of the Randwick Local Environmental Plan 1998. One
submission was received. In summary the objection from the owners of 16 Keith
Street related to: -
*Traffic in Keith
Street.
*There is no
other precedent of a garage built to footpath except for No 4 Keith St.
*Adverse
effect on streetscape.
6. TECHNICAL OFFICERS COMMENTS
The
application has been referred to the relevant technical officers, including
where necessary external bodies and the following comments have been provided:
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6.1 Building and Construction Issues
Under the
Building Code of Australia, the classification of the proposed garage is Class
10 (a).
No objection
is raised with respect to compliance with the
· environmental health
and building provisions of the Environmental Planning and Assessment Act 1979
· provisions of the
Building Code of Australia.
6.2 Engineering Issues
No objection
is raised subject to imposition of engineering conditions and one (1) advisory
condition.
7. RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS
The
development application has been assessed in accordance with the provisions of
the following relevant planning documents:
(a) Randwick
Local Environmental Plan 1998
The site is zoned
Residential 2A under Randwick Local Environmental Plan 1998 and the proposed
activity is permissible with Council’s consent.
7.1 Policy Controls
The following Council policy controls apply to the proposed
development:
a. Development Control Plan- Dwelling Houses and Attached Dual
Occupancies
b. Development Control Plan –Parking
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CONTROLS
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PERFORMANCE
REQUIREMENTS
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PREFERRED
SOLUTIONS
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COMPLIANCE
(how
applicant has
achieved
performance requirements of performance solutions).
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LANDSCAPING
& OPEN SPACE
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P1 Landscaped areas suit
requirements of the dwelling occupants.
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S1 40%
of the total site area is landscaped.
S1 25m2 of
useable private open space per dwelling.
S1 Minimum dimensions are
3m x 4m.
S1 Private open space is
located behind the building line.
S6 20% of the site area
is permeable.
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Approximately 60%
available landscape area on-site. Complies with preferred solutions and
performance requirement.
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GARAGES,
DRIVEWAYS & CAR PARKING
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Note: Council’s car
parking DCP requirements:
2 bedroom =1 space
3bedroom = 2 spaces
P1 Are located and
designed for convenience and safety.
· enable the efficient use of car spaces.
· safe, efficient, adequate manoeuvrability.
P2 Do not breach the
predominant building line.
P3 Do not detracts from
the streetscape and is compatible with the dwelling.
P4 Car parking areas and access
ways facilitate stormwater infiltration on site.
P6 Uncovered parking
areas suitably landscaped.
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S1 Car parking spaces
have minimum dimensions of 5.5 metres x 2.5 metres.
· Driveways have a minimum width of three metres and
are set back at least 1 metre from the side boundary (max width 3m at
boundary).
· Driveway gradients have a maximum of 1 in 6. The
gradient for the first 5m from street not more than 1 in 8.
· Garages and carport to a rear lane are 1m setback.
S2 Carports and garages
located behind the building where rear access available, or behind building
line where front access available.
S3 Driveways, car-parking
facilities <35% of frontage.
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Comply with DCP- Parking.
A double garage is available.
Complies with preferred
solutions and performance requirements. 5.80m x 5.20m proposed.
Does not comply.
Driveway abuts side
boundary.
Complies.
N/A.
Does not comply. Refer to
section 8 of report.
Does not comply with
preferred solution requirement. Approximately 52% of frontage proposed for
garage.
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8. ENVIRONMENTAL ASSESSMENT
The site has been
inspected and the application has been assessed having regard to Section 79C of
the Environmental Planning and Assessment Act, 1979, as amended. The following
matters warrant further comment.
8.1 Garages & Driveway
The Performance Requirements of the DCP in relation to garages,
carports, car parking areas and driveways include that:
“ Carports,
garages and car parking areas are located and designed to:
· Conveniently and
safely serve users;
· Enable the efficient
use of car spaces and access ways, including adequate manoeuvrability for
vehicles between the site and the street;
· Not dominate or
detract from the appearance of the development and the local streetscape;
· Be compatible in
scale, form, materials and finishes with the associated dwelling.”
The proposal
does not satisfy the relevant performance requirements and applicable
objectives under Section 4.7 Garages, Carports and Driveways of the Development
Control Plan – Dwelling Houses and Attached Dual Occupancies as the proposal
will breach the predominant building alignment, and will dominate and detract
from the appearance of the existing dwelling house and the local streetscape.
The double garage
will be visually obtrusive and would add to the bulk and scale of the existing
single-storey dwelling. Unless otherwise incorporated in the design of the
dwelling, properties along Keith Street provide car spaces discreetly at the
side of the dwelling except in the case of isolated exceptions, which is a
single garage only at No 4 Keith Street.
Under the DCP-
Dwelling Houses and Attached Dual Occupancies, a minimum preferred solution
setback requirement of 0.9m from the side boundaries is also to be provided.
The objectives of this control are to allow neighbours adequate access to
natural light, daylight and fresh air and maintain the environmental amenity of
the streetscape. No provision has been made for this setback.
It is to be
noted that provision of a single hardstand car space is currently available on
the subject property. Whilst the hardstand areas may not provide the weather
protection sought, it is considered that the double garage if erected, could
considerably impact on the streetscape. The erection of a double garage at the
expense of streetscape amenity that has value for all residents is on balance
unacceptable in the circumstance.
8.2 Fences
Generally the
objectives and performance requirements for fences in the DCP are to ensure that
front fencing is integrated with the street scape and is compatible with the
appearance of the dwelling and any established local fence form and material.
Preferred
solutions include that solid fences front fences are no higher than 1200mm and
other types of fences be 1800mm maximum in height and they be designed so that
the upper two thirds is at least 50% open.
No objections
are raised to the proposed masonry solid brick fence, which are approximately
0.80m to 1.10m in height.
9. CONCLUSION
The proposal
does not satisfy Council’s relevant assessment criteria and will have an
unreasonable impact upon the streetscape.
The
development is considered inconsistent with the aims and objectives of Randwick
Local Environmental Plan. The intention of the objectives for the Residential 2
A zone in the Local Environmental Plan 1998 are to encourage the design of
development to be in harmony and scale with surrounding development and, to
preserve and enhance the residential amenity and character of the locality and
adjoining residences. The proposal will create an undesirable precedent and
also impact on the character of the area. It would add to the bulk and scale of
the existing single storey dwelling and adversely impact the amenity of
adjoining/surrounding properties.
RECOMMENDATION:
A. THAT
Council as the responsible authority refuse development consent under Section
80 of the Environmental Planning and Assessment Act 1979 (as amended) to
Development Application No.D/0400/2003 for new front double garage including
new front fence and new window at 12 Keith Street, Clovelly for the following
reasons: -
1. The proposal does not meet the relevant preferred solutions
and the relevant performance requirements or objectives under Section 4.7 Garages,
Carports and Driveways under Development Control Plan – Dwelling Houses and
Attached Dual Occupancy in that the proposal will detract from the appearance
of the dwelling and the streetscape and breach the predominant building
alignment
2. The proposed double garage is visually obtrusive, out of
keeping with the streetscape and will adversely impact upon the amenity of the
adjoining premises.
3. The proposal will create an undesirable precedent and
negatively impact to transform the character of the streetscape.
ATTACHMENT/S:
A4 Configurations
Development
Application Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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Subject Site
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Submissions received
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The
application has been referred to the Council meeting for determination at the
request of Councillors Freda Backes, Chris Bastic and Dominic Sullivan.
The subject
application is for a Section 82A review of conditions of consent deleting a
restaurant enclosure over an existing footway dining area.
The assessment
of the application reveals that the proposed enclosure is inconsistent with the
provisions of the Maroubra Junction Commercial Centre DCP, the Footway
Restaurant DCP and the draft Maroubra Town Centre DCP.
This is
primarily because the proposed development would cause a significant physical
obstruction to pedestrians and would be a visually obtrusive and dominant
element in the streetscape that would set an undesirable precedent that is out
of character with existing on-street dining along Maroubra Road.
The proposal
was not notified to adjacent properties as the original application was
notified and no objections were received.
The
recommendation is for refusal of the application.
2. THE
PROPOSAL
A Section 82A
review of several conditions of Development Consent No. 260/03 dated 19 May 2003 has been submitted to Council. The original application involved the
following:
To install
a demountable enclosure with timber decking floor on Council’s footpath in the
area of the existing footpath dining area.
The
proposed demountable sections cover an area approximately 9.50m long x 1.80m
wide and 1.80m –2.10m high above the Council footpath level.
The current
seating arrangement is for 2 tables and 8 chairs, the applicant wishes to
increase the number of tables and chairs to 5 tables and 15 chairs. The proposed
hours for the footway dining will operate from Monday to Sunday 12:00pm (noon) to 3:00am.
The
application was approved to increase the number of seats on the footpath only
and the request for an extension of hours of operation of the outdoor dining area
and to enclose the footpath dining area were prevented by way of conditions of
consent. The applicant is requesting that Council review conditions preventing
permission to erect the demountable structure. The conditions of concern are as
follows:
2 The proposed demountable pavement platform and enclosure
is to be deleted from the submitted plans, as the structure represents an
obtrusive element on the footpath and does not encourage a lively pedestrian
environment in the major town centre and public space.
3 The
operation of the premises shall not give rise to an environmental health
nuisance to the adjoining/nearby premises or environment.
4 There
are to be no emissions or discharges from the premises, which will give rise to
an offence under the Protection of the Environment Operations Act 1997 and
Regulations.
5 The footpath within and adjacent to the
outdoor seating area must be maintained in a clean condition, free from grease,
foodstuffs, litter and waste materials at all times.
The footpath must be cleaned thoroughly on a
regular basis, in a manner that is environmentally satisfactory and waste
receptacles (e.g. ash trays) must be provided within the area for customers.
7 The operation of the premises shall not give rise to an
‘offensive noise’ as defined in the Protection of the Environment Operations
Act 1997.
8 All new building work must be carried out in accordance
with the provisions of the Building Code of Australia (BCA), in
accordance with Clause 98 of the Environmental Planning and Assessment
Regulation 2000.
9 All demolition work is to be carried out in accordance
with the provisions of AS2601-1991. The Demolition of Structures, as in force
at 1 July, 1993.
10 A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
11 The building works are to be inspected by the Principal
Certifying Authority (or other suitably qualified person, to the satisfaction
of the Principal Certifying Authority), to monitor compliance with the relevant
standards of construction and Council’s development consent.
The Principal Certifying Authority shall specify the relevant
stages of construction to be inspected and a satisfactory inspection must be
carried out, to the satisfaction of the Principal Certifying Authority, prior
to proceeding to the subsequent stages of construction or finalisation of the
works (as applicable).
Documentary evidence of the building inspections carried out
and compliance with Council’s approval is to be maintained by the Principal
Certifying Authority.
Upon inspection of each stage of construction, the Principal
Certifying Authority (or other suitably qualified person, to the satisfaction
of the Principal Certifying Authority) is also required to ensure that adequate
provisions are made for the following measures (as applicable), to ensure
compliance with the terms of Council’s consent:
· Sediment control
measures.
· Provision of
perimeter fences or hoardings for public safety and restricted access to
building sites.
· Maintenance of the
public place free from unauthorised materials, sand, soil, debris, waste
containers or other obstructions.
12 Prior to the commencement of any building works, 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 and Environmental Planning & Assessment
Regulation 2000.
13 Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building
work must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
14 An Occupation Certificate must be obtained from the
principal certifying authority prior to any occupation of the building work
encompassed in this development consent in accordance with the relevant
provisions of the Environmental Planning & Assessment Act 1979.
15 Building and demolition works must only be
carried out between the hours of 7.00am
to 5.00pm on Monday to Friday inclusive,
between 8.00am to 5.00pm on Saturdays and all building activities are
strictly prohibited on Sundays and public holidays, except with the specific
written authorisation of Council’s Manager of Environmental Health and Building
Services.
16 A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case
of residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder, in
accordance with the Home Building Act 1989 and
Regulations.
17 Noise emissions during the construction of the building and associated
site works must comply with the relevant provisions of the Protection of the
Environment Operations Act 1997 & the Noise Control Manual published by the
Environment Protection Authority, except as may be amended by the conditions of
this approval.
18 Building materials, sand, soil, waste
materials or construction equipment must not be placed upon the footpath,
roadway or nature strip at any time and the footpath, nature strip and road
must be maintained in a clean condition and free from any obstructions and
debris at all times.
19 Bulk bins/waste containers must not be
located upon the footpath, roadway or nature strip at any time without the
prior written consent of the Council, unless the waste container is located
upon the road in accordance with the Roads & Traffic Authority Guidelines
and Requirements, and the container is exempt from an approval under Council’s
Local Approvals Policy.
20 During construction stages, sediment laden
stormwater run-off shall be controlled using the sediment control measures
outlined in the manual for Managing Urban Stormwater – Soils and Construction,
published by the NSW Department of Housing.
21 If the work involved in the erection or
demolition of a building is likely to cause pedestrian or vehicular traffic in
a public place to be obstructed or rendered inconvenient or the building
involves the enclosure of a public place, a hoarding or fence must be erected
between the work site and the public place.
If
necessary, an awning is to be erected sufficiently to prevent any substance
from, or in connection with, the work from falling into the public place or
adjoining premises.
The
public place adjacent to the work site must be kept lit between sunset and
sunrise if it is likely to be hazardous to persons in the public place and any
such hoarding, fence or awning is to be removed upon completion of the work.
The
public safety provisions and temporary fences must be in place prior to the
commencement of any demolition, excavation or building works and be maintained
throughout construction.
If
it is proposed to locate any hoardings, site fencing or amenities upon a
footpath or public place, the written consent from Council’s Building Services
section must be obtained beforehand and detailed plans are to be submitted to
Council for consideration, together with payment of the weekly charge in
accordance with Council’s adopted fees and charges.
22 Public access to the site and building works,
materials and equipment on the site is to be restricted, when work is not in
progress or the site is unoccupied.
A
temporary safety fence is to be provided to protect the public, located to the
perimeter of the site (unless the site is separated from the adjoining land by
an existing structurally adequate fence, having a minimum height of 1.5
metres). Temporary fences are to have a minimum height of 1.8 metres and be
constructed of cyclone wire fencing with geotextile fabric attached to the
inside of the fence to provide dust control, or other material approved by
Council.
Hoarding
or fences are to be structurally adequate and be constructed in a good and
workmanlike manner and the use of poor quality materials or steel reinforcement
mesh as fencing is not permissible.
The
public safety provisions and temporary fences must be in place prior to the
commencement of any demolition, excavation or building works and be
maintained throughout construction.
The applicant
submits that the above conditions should be reviewed for reasons outlined in
section 9 Environmental Assessment below.
3. THE SUBJECT SITE AND SURROUNDING AREA:
The subject
site is located on the ground floor within a multi level commercial/residential
building that fronts Maroubra Road. The site is located on the northern side of
Maroubra Road between Garden Street and Anzac Parade, Maroubra Junction.
Subject site showing existing outdoor Subject site
looking from the south west.
dining area.
View of Maroubra Rd near Anzac Pd e Outdoor
dining enclosure on Anzac Parade.
showing other outdoor dining areas.
The site is currently used for
the purpose of a restaurant. The adjacent site to the west is a real estate
agent and the adjacent site to the east is a menswear store. Surrounding
development in the area is predominantly commercial uses, including a variety
of cafes and restaurants, which use the footpath for footway dining. There are
no examples of enclosed dining areas on the footway along Maroubra Road,
however one is located along Anzac Parade several hundred metres from the site.
4. SITE
HISTORY
a. APPLICATION
HISTORY
A development
application to use and enclose partially the existing footway seats and
increase the hours of operation including the amount of chairs and tables was
approved by Council on 19 May 2003. The approval, however, was for an increase
in the number of chairs and tables only and the outdoor dining area and
proposed hours to 3.00am were refused by conditions of consent.
5. COMMUNITY CONSULTATION:
The proposal
was not notified in accordance with the Local Environmental Plan 1998 as the
original application had been notified and no submissions were made.
6. TECHNICAL OFFICERS COMMENTS
The
application has been referred to the relevant technical officers, including
where necessary external bodies and the following comments have been provided:-
6.1 Engineering Issues
The
proposed demountable sections cover an area approximately 9.50m long x 1.80m
wide and 1.80m –2.10m high above the Council footpath level.
The EPCD
Dept is advised that the AIS Dept does not support the proposed enclosure and recommends
refusal for the following reasons:
a) The enclosure is not in the spirit of Council’s
Policy/Objective for footpath dining which is to encourage a lively pedestrian environment in major town centres and
public places.
b) Fully enclosing the outdoor dining area could be considered as
an extension of the actual restaurant floor space and not outdoor dining
Should the EPCD Dept consider approving
the application they should address the following:
· Times on when the structure is to be
erected and disassembled as there are residents which live above the site and a
late closing may generate noise at an unacceptable hour.
· Whether a probationary period be
implemented.
Should
the application be approved the following conditions shall apply:
1) The period of approval for the demountable enclosure shall be
equivalent to the current period of the footpath license area and then the
subject of its own development application every time the footpath license is
to be renewed with Council.
7. MASTER PLANNING REQUIREMENTS
Not
Applicable.
8. RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS
The
Development application has been assessed in accordance with the provisions of
the following relevant planning documents:
(a) Randwick
Local Environmental Plan 1998
The site is
zoned 3A General Business under Randwick Local Environmental Plan 1998 and the
proposed activity is permissible with Council’s consent.
The proposed
development is inconsistent with objective (1)(b)(v) under the zoning which
states:
· by providing and
enhancing pedestrian and public open space areas for shoppers and workers.
This issue is
addressed in greater detail in sections 8.1 Policy Controls and 9 Environmental
Assessment below.
8.1 Policy Controls
a. Development Control Plan (DCP) No. 15 – Maroubra Junction
Commercial Centre.
Section 2.5 –
Commercial Development is the only section in this DCP of relevance to the
proposed development. In this section it is noted that the design of the street
façade should promote an attractive and harmonious streetscape and should
relate to the scale of pedestrians.
It is
considered that the proposed enclosure fails to comply with this requirement.
The enclosure is not harmonious with the streetscape as there is no example on Maroubra
Road of enclosed restaurant space on the public footway. The consistent
example currently in the streetscape is of footways containing a few chairs and
tables in conjunction with restaurant/café uses. These tables and chairs are
low key, do not visually dominate the streetscape and are easily packed away at
the end of the day. A demountable enclosed structure is significantly more
difficult to assemble and remove than the existing table and chairs and would
also have a significant presence or perceived level of ownership in what is a
public space.
For these
reasons it is considered that condition 2 of the consent (ie to delete the
proposed enclosed structure) is appropriate and reflects the requirements of
the DCP in promoting an attractive and harmonious streetscape.
b. Development Control Plan No. 20 –
Restaurants on public road footways, airspace above roads & public land.
Under this DCP, there are several sections applying to the
proposed development that require Council assessment. These matters are assessed
following.
Under the section titled PLANTING, PAVING AND MARKING
OF LEASED AREA, it is outlined that:
(a) The area intended to be licensed is to be defined either by
fencing, planter boxes or paving, using materials approved by Council.
(b) Line marking of the licensed area is not allowed, however the
use of planter boxes, plants or paving to define the limits of the licensed
area is encouraged.
The proposed
development does not comply with either of these requirements as it proposes
enclosing the area with a solid structure rather than the methods proposed.
Under the
section titled ASSESSMENT OF IMPACT, the development should be “sympathetic
to the existing or proposed character of the area in relation to the size and
shape of the area to be occupied, type of furniture, advertising structures,
shelter, paving materials, lighting, landscaping and screening.”
It is
considered that the proposed development will appear as a dominant element in
the streetscape that will not be consistent with other low key outdoor dining
areas. Essentially the proposed development acts as an encroachment of floor
space onto public space and is not desirable.
Further,
development should “encourage a lively pedestrian environment in major town
centres and public places”. The proposed development encloses the
pedestrian environment therefore diminishing the interactivity with the public
domain and not encouraging a lively outdoor environment.
c. Draft
Maroubra Town Centre DCP.
Under this DCP
there are no particular requirements with respect to footpath dining however
some important issues that impact the proposed development are raised.
In Part 2
Section 2.2 – Opportunities and Constraints the following matters of relevance
are raised:
Constraints
· Pedestrian traffic along Maroubra
Road needs to be given consideration,
Opportunities
· Give consideration to
aesthetics – more fountains, gardens, good shopfronts, etc,
· Create a good
‘atmosphere’ eg Rose Bay,
· Create a ‘natural
environment’ rather than a ‘concrete jungle’,
With respect
to the above matters, the proposed development restricts pedestrian traffic to
a greater extent than the existing tables and chairs. It is unlikely that the
demountable structure would be removed at the end of business each day without
conditions of consent. The demountable structure acts as a significant physical
barrier of much greater magnitude than the tables and chairs and would obstruct
pedestrian traffic rather than improve it.
The proposed
shopfront would set an undesirable precedent and would not create a good
‘atmosphere’ as it effectively separates people from the street by isolating
and enclosing them from it, effectively defeating the purpose of outdoor
dining.
The proposed
development does not encourage a ‘natural environment’ but rather results in a
further creep of built space into open space.
It is
considered that the proposed development does not address the constraints and
opportunities raised in the draft DCP.
9. ENVIRONMENTAL
ASSESSMENT
The
site has been inspected and the application has been assessed having regard to
Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.
The applicant
contends that several conditions of consent imposed under the development
consent should be reviewed. The condition number is listed below and the
applicant’s reasons for reconsideration are given followed by a planning
comment.
Condition 2 – Deletion of enclosed structure:
· At times customers are
exposed to relatively high winds, hence the desire to enclose the outdoor
dining area,
· Maroubra Road
is a busy road. The enclosure as proposed will be more hygienic than at
present,
· The proposed
semi-enclosed pavement area allows a longer period of utilisation of the space
throughout the year,
· One of the platforms
is disabled accessible,
· The area covered by
the existing approved pavement eating area would be approximately the area for
the proposed enclosure.
Comment:
· No evidence has been
submitted in support of this assertion,
· Whilst Maroubra Road it a
relatively busy road, there is no evidence that suggests that dinning outdoors
is harmful to human health or unhygienic. Many other outdoor dining areas
operate successfully in the area without adversely impacting upon human health.
· The proposed enclosed
area may be used throughout the year as could an outdoor dining area subject to
weather conditions. It is noted that the existing outdoor dining area is
sheltered from weather elements by an awning above,
· Disabled access is
provided as is required,
· The proposed enclosure
alienates a 17.1m2 area of public land resulting in a significant
and unacceptable alteration to public space.
Conditions 3
and 4 – environmental health conditions:
· The applicant submits
that these conditions are already complied with.
· The applicant submits
that the difference is additional furniture (moveable) on the platform sections
and screenings.
Comment:
· Compliance with these
health conditions is reasonable and their imposition for outdoor dining is not
unusual or unreasonable as they relate to health nuisances to adjacent
properties and emissions and discharges from the site.
Conditions 5 –
Keep footpath clean.
· The demountable enclosure
enables easier and more controllable cleaning of footpath and will keep the
footpath free from debris and will keep it clean unlike an open area that is
subject to the elements.
Comment:
· It is easier to maintain
cleanliness within a premises as outlined above due to the lack of exposure to
the elements. Notwithstanding this, it is relatively easy to keep an external
area clean and it is not considered that this is a reasonable argument
justifying enclosing public space.
Condition 9 -
No ‘Offensive noise’.
· The noise level is
reduced internally and externally with the partially enclosed pavement eating
area.
Comment:
· The existing outdoor
dining area does not generate a significant or offensive noise nuisance over
and above existing street noise and is therefore not required to be enclosed.
Condition 10 –
Building work to be carried out in accordance with BCA.
· The proposal is to be
built in accordance with relevant Australian Standards.
Comment:
· Any eating enclosure
would be required to comply with the BCA.
Conditions 11
–24. Standard building conditions.
· The applicant advises
there will be no fixed construction of the demountable enclosure at the site
and therefore the conditions imposed do not apply.
Comment:
· The subject conditions
are building related conditions that apply to any structure, including
demountable buildings. The conditions should be removed given the demountable
structure has not been approved.
Precedent on
Anzac Parade.
· The applicant has
verbally raised the issue that Council has approved an enclosed space on Anzac
Parade to an existing café setting a precedent for the area.
Comment.
· The subject area is much
smaller than that proposed and is attached to a small commercial premises. More
importantly, the area is located slightly north of a major bus stop, which
causes a significant noise and air pollution problem to outdoor diners. The
outdoor dining area for the existing restaurant at the subject site is not
exposed to such elements and therefore its enclosure is inappropriate in the
circumstances.
10. CONCLUSION
The proposed
development is not consistent with the character of existing outdoor dining in
the area and would result in a significant physical and visual barrier in the
street. The existing outdoor dining provides reasonable levels of amenity and
protection for outdoor diners without having a major impact on pedestrians or
the attractiveness and amenity of the area. It is considered unreasonable to
allow public space to be completely enclosed for commercial uses. Accordingly
this review recommends compliance with the original notice of determination for
the subject application.
RECOMMENDATION:
under Section 82A of the Environmental Planning
and Assessment Act 1979 (as amended) on Development Application No. 03/00260/GF
to enclose the footpath dining area, increase the amount of seating and extend
the hours of operation at 196-204 Maroubra Road, Maroubra be confirmed for the
following reasons:-
(1) The proposed development would result in a physically and
visually obtrusive barrier and element in the streetscape that is inconsistent
with existing outdoor dining on Maroubra Road.
(2) The proposed development is inconsistent with section 2.5 of
Development Control Plan No. 15 – Maroubra Junction Commercial Centre as the
proposal does not promote an attractive and harmonious streetscape that relates
to the scale of pedestrians.
(3) The proposed development is not consistent with the provisions of
Development Control Plan No. 20 – Restaurants on public road footways, airspace
above roads & public land as it does not encourage a lively pedestrian
environment in major town centres and public places and is not sympathetic to
the existing or proposed character of the area.
(4) The proposed development is not consistent with objective
(1)(b)(v) of the 3A General Business Zone.
ATTACHMENT/S:
A4 reduced plan
Development
Application Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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Submissions received
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LOCALITY
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1. EXECUTIVE
SUMMARY
The application
has been referred to the Health, Building and Planning Committee for
determination at the request of Councillors Bastic,
Sullivan and Procopiadis. The value of works proposed is $100,000.
The subject
site contains a single storey freestanding dwelling fronting Oberon Street.
Adjacent development consists of residential dwellings and apartments varying
in size from single to three storeys.
As a result of
discussions with Council officers, the original design was significantly
amended to reduce impacts to neighbours and to create a more consistent built
form with adjacent buildings. The proposal involves the partial demolition of
the existing ground floor at the rear and reconstruction of the ground floor
and a first floor addition. A single front garage is proposed fronting and
accessing Oberon Street. The new first floor contains three bedrooms, a
bathroom and a rear balcony. The ground floor will contain a new combined
living, dining and kitchen area.
The subject
site is zone 2A residential and the proposal is permissible with Council
consent. The proposal is subject to the provisions of the dwelling houses and
attached dual occupancies DCP and generally complies with the provisions with
the exception of minor discrepancies with FSR, side setbacks and fencing.
Three
objections were submitted with respect to the original proposal and one to the
amended proposal. The objections to the amended proposal raise issues with
overlooking, overshadowing, subdivision, fencing, the proposed garage and an
illegal structure.
The assessment
of the application reveals that the proposal is worthy of approval subject to
conditions minimising impacts to adjacent dwellings.
The
recommendation is for approval subject to conditions.
2. THE
PROPOSAL
The proposed development involves partial demolition
of the existing ground floor of the building, reconstruction of the ground
floor and a new first floor. The ground floor will be altered to have a garage
that is accessed off and fronts the eastern side of Oberon Street and a new combined living, dining, and kitchen area
that opens onto the rear yard. A new front and side fence is proposed as is a
new first floor containing three bedrooms, a bathroom and a rear balcony off
bedroom 2. A rear patio is proposed at ground level off the dining room and a
rear balcony is proposed at the first level off the bedroom.
3. THE
SUBJECT SITE AND SURROUNDING AREA:
The subject
site is a regular rectangular shaped allotment located on the northern side of Oberon
Street at the eastern side of its intersection with Lion Street, Randwick.
The site has a slight fall from north to south and contains a single storey
freestanding residential dwelling that fronts Oberon Street. The dwelling is
sited over the front half of the site and the rear portion contains an open
yard. There is currently no vehicular access to the site. The site contains a
long 1.2m high paling fence that runs along the length of Lion Street while the
Oberon Street frontage contains a white picket fence.
A
semi-detached pair of dwellings is located adjacent to the site to the east.
These dwellings have vehicle access off Oberon Street accessing small carports
to the side but also in front of the dwelling building alignment. Further to
the east is a two-storey residential terrace dwelling and to the north is a two
storey residential flat building that fronts Lion Street. Development in the
area is residential and there is no particular character or form that is the
dominant element. The area exhibits an array of dwellings including up to four
storey residential flat buildings, rows of terraces, single storey federation
houses and single storey terraces and semis.
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View of subject site from Oberon St.
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Adjacent buildings to the east on Oberon
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Rear of subject premises looking east
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Subject site from Lion Street
building to the north (rear of site).
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4. SITE
HISTORY
There are no
previous development applications relating to the subject site of relevance.
Significant
modifications to the original proposal were made in response to objections by
neighbours. This resulted in relocating a considerable amount of bulk over both
levels from the eastern and northern rear of the site back to over the building
itself. This effectively ensured the main setback of buildings fronting Oberon
Street was maintained and that the corridor created by the setback, allowing
significant light and ventilation into the rear yards of the row of dwellings,
was preserved. The amended plans (which constitutes a full redesign) were
submitted on 29 May 2003.
5. COMMUNITY
CONSULTATION:
The proposal
has been notified in accordance with the Local Environmental Plan 1998. The
following submissions were received to the amended design (the original design
was objected to but is vastly different from the amended proposal, therefore no
assessment of the original objections is included in this report):
5.1 Objections
Julie Weekes
65 Canberra
Street,
Randwick NSW
2031
- Excessive height of Lion Street fence causing overshadowing and
view impacts,
Comment:
The proposed fence does not comply with Council requirements with respect to
fencing and therefore conditions will be imposed to ensure compliance.
- The Lion Street fence will attract graffiti artists further
detracting from the streetscape.
Comment:
There is no evidence to suggest that the proposed fence would be any more
attractive than the existing fence with respect to graffiti.
- Claim that the proposed development will be subdivided and used
as two separate domiciles in the future.
Comment:
The proposed development in its current form could not be used as two dwellings
as there is only one stair accessing the two floors and that staircase is
internal and only accessible from inside. If the dwelling is to be divided at a
later date or converted to a dual occupancy a separate development approval
would need to be obtained.
- The proposed garage will be out of keeping with the
streetscape, will set a new precedent and will be an unsightly addition adding
nothing to the aesthetics of Oberon Street.
Comment:
This issue is addressed in section 7 below.
- There is an illegal lean-to at the rear of the subject site
which significantly contributes to the level of overshadowing already. If this
structure were removed, the shade impact from the proposed development would be
greater.
Comment: There are no records of
previous development applications on the site. The lean to would be demolished
as part of the proposed development. Notwithstanding, the lean-to would
generate extremely minor and insignificant shadowing to the adjacent
development. A site inspection conducted close to the winter solstice (on 24
June 2003) revealed that overshadowing from the subject site to the adjacent
neighbour to the east occurred around slightly before 3pm and the shadow was
from the roof and chimney of the subject building, not the lean-to.
- Rear elevated deck is excessive and will minimise free space,
privacy and amenity to eastern neighbour and will create a noise issue. The
1.8m high privacy screen will dominate views and overshadow the yard and living
areas. The deck should be removed or reduced in size.
Comment:
The proposed deck is 2.5m wide by 4.2m long (10.5 sq.m), is sited on the
western side of the rear upper floor and is attached to a bedroom. The proposed
area is not considered excessive, is located adjacent to a room which does not
generate high levels of activity (ie bedroom) and therefore noise, and contains
a privacy screen on its eastern side to prevent overlooking. The deck is sited
5m from the adjacent site to the east and is partly shielded by the proposed
kitchen roof. It is considered that the proposed balcony will not create a
significant amenity impact however the width could be reduced by way of a
condition of consent. No other decks of the type proposed were observed within
close proximity of the site during the site inspection.
- Impact
of shadowing to the adjacent ground floor window would be lost due to the first
floor addition and the privacy screen from the balcony.
Comment: This
matter is addressed in section 7 below.
Norbert &
Karen Solondz
232 Burge Road,
Woy Woy NSW
2256
- The proposed Oberon Street fence should be a picket fence, not
metal fencing and should be the same height as the adjacent fencing to the
east.
Comment: There
are examples of both wooden picket fences and metal fences within the subject
block. No objections are raised to either material given the proposed fence
complies with Council requirements in terms of its height and openess.
C Cook
10 Lion Street
Randwick
- Supports the objections with respect to the lion street fence
and the 2nd storey balcony raised in the objection by Julie Weekes
above.
5.2 Support
Norbert &
Karen Solondz
232 Burge Road,
Woy Woy NSW
2256
- The developer was thanked for re-designing the proposal and
taking into consideration the initial objections raised.
6. TECHNICAL
OFFICERS COMMENTS
The
application has been referred to the relevant technical officers, including
where necessary external bodies and the following comments have been provided:-
6.1 Engineering
Issues
The AIS Dept
report for the amended plans is as follows:
Splayed Corner Comments
The new
boundary fence constructed at the Oberon St/Lion St boundary that
is greater than 600mm above the existing Council footpath level in Oberon St is
to be constructed with a 1.00m x 1.50m splay.
Landscape Comments
There are no existing trees,
(covered by Council's Tree Preservation Order), that will be affected by this
proposal.
Should
the application be approved conditions shall apply.
7. RELEVANT
ENVIRONMENTAL PLANNING INSTRUMENTS
The Development
application has been assessed in accordance with the provisions of the
following relevant planning documents:
- Randwick Local Environmental Plan 1998.
- Environmental Planning and Assessment Act 1979 as
amended.
- Building Code of Australia.
- Development
Control Plan - Dwelling Houses and Attached Dual Occupancies.
(a) Randwick
Local Environmental Plan 1998
The site is zoned 2A Residential
under Randwick Local Environmental Plan 1998 and the proposed activity is
permissible with Council’s consent. The following Clauses of the LEP 1998 apply
to the proposal:-
|
Residential
|
|
Clause No.
|
Requirement
|
Provided
|
Compliance
|
|
30 - Min. Lot Size
|
450 sq.m
|
284.5sq.m
|
N/A No alteration to existing lot area proposed
|
|
31 - Landscape Area
|
40% of site area
|
49.8%
|
Yes
|
|
32 – FSR
|
0.65:1
|
0.68:1
|
No – refer to section 7.1 below
|
|
33 - Building Height
|
External wall height 7m, 9.5m overall.
|
External wall height max. 6.2m, overall 8.2m.
|
Yes
|
7.1 Policy
Controls
a. Development Control Plan No. Development Control Plan - Dwelling
Houses and Attached Dual Occupancies
|
CONTROLS
|
PERFORMANCE
REQUIREMENTS
|
PREFERRED
SOLUTIONS
|
COMPLIANCE
(how applicant has
achieved performance
requirements of performance solutions).
|
|
SOLAR
ACCESS
|
P1 New dwellings must
achieve (Nathers) rating of 3.5 stars.
· Design minimise energy for heating, cooling.
· High thermal mass materials.
· Solar hot water systems.
· Insulated hot water pipes.
· Hot water tanks and heaters close to rooms where hot
water used.
· Cooking tops located away from windows, fridges and
freezers.
· Task lights.
· Maximised natural lighting.
· Ceiling and wall insulation to AS2627.1-1993.
P2 Orientation and design
maximises solar access to living areas and open space.
P3 Design minimises use of
mechanical appliances.
P4 Roof area suitable for
solar collectors and photovoltaic cells.
P5 Building materials,
appliances minimise energy requirements.
P6 External clothes drying
area available.
P7 Landscape design
assists microclimate management.
P8 Windows sized to reduce
summer heat and permit winter sun.
P9 Design and siting of
buildings, alterations minimises loss of solar access to neighbours.
P9 Neighbour’s
north-facing living area windows receive at least 3 hours of sunlight over
part of their surface between 9.00am and 3.00pm on 21 June. If less is already available the amount
is not reduced.
P9 Neighbour’s principal
outdoor area receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less is already available the amount is not reduced.
P10 Construction materials
are energy efficient and recyclable.
|
S1 New dwellings provide
certificate complying with a minimum (Nathers) rating of 3.5 stars or
equivalent.
S2.8 North-facing windows
to living areas received at least 3 hours of sunlight over part of their
surface between 9.00am and 3.00pm on 21 June.
S2 Private open space
receives 3 hours of
sunlight over part of its area between 9.00am and 3.00pm on 21 June.
S9 Solar access to solar
collectors on adjacent buildings maintained between 9.00am and 3.00pm each day.
S9 North-facing windows to
living areas of neighbours receive 3 hours of sunlight over part of their
surface between 9.00am and 3.00pm on 21 June. If less available the amount is not
reduced.
S9 Neighbour’s principal
outdoor receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less available the amount is not reduced.
|
|
|
WATER
MANAGEMENT
|
P1 Stormwater disposal systems:
· collect and drain to a suitable disposal system;
· do not adversely affect existing downstream systems;
· fit in with hydrology;
· use on–site stormwater infiltration;
· maximise opportunities for stormwater re-use
stormwater;
· retain existing trees.
P2 Water consumption
minimised inside dwelling .
P3 Water consumption
minimised to landscaping.
|
S1 Stormwater is graded and drained via a gravity
system to Council’s street gutter; or to a suitable absorption system.
S1 Rainwater tanks or
other storage systems collect roof run-off.
S2 Triple A rated
fixtures. Dual flush toilets installed.
S3 Landscaped area:
contain low water demand plant species and design.
|
Complies.
NA
Conditions imposed to
ensure compliance.
Conditions imposed to
ensure compliance.
|
|
LANDSCAPING & OPEN
SPACE
|
P1 Landscaped areas suit
requirements of the dwelling occupants.
P2 Location and design of
private open space:
· allows year-round use
· minimises impact on neighbours
· addresses privacy and sun access
· addresses surveillance, privacy and security.
P3 Local indigenous plant
species used.
P4 Existing trees and
shrubs retained.
P5 Planting will not
obscure or obstruct dwelling entities or personal safety.
P6 Unpaved or unsealed
landscaped areas are maximised.
|
S1 40% of the total site area is landscaped.
S1 252m
of useable private open space per dwelling.
S1 Minimum dimensions are
3m x 4m.
S1 Private open space is
located behind the building line.
S6 20% of the site area is
permeable.
|
Complies (49.8%) – refer to text
below.
Complies.
Complies
Complies
Complies
|
|
FLOOR
AREA
|
P1 Building bulk must be
compatible with surrounding built forms, minimise effects on neighbours and
streets.
|
FSR
<300m2
0.65:1
>30 to 450m2 0.6:1
451-600m2 0.9-Site
Area(m2)
1500
>600m2
0.5:1
|
|
|
HEIGHT, FORM &
MATERIALS
|
P1 Height relates to
surrounding streetscape.
P2 Designed to enhance
built form and character of street.
P3 Design relates to the
topography with minimal cut and fill.
P4 Design preserves
privacy and natural light access to neighbours.
P5 Second storey of a semi
detached dwelling integrates with streetscape and adjoining dwelling.
P6 Design allows view
sharing.
|
S1 Maximum 7m external
wall height for house or attached dual occupancy.
S1 Maximum 3.5m external
wall height of buildings or additions to the rear.
S3 Cut or fill does not
exceed 1m.
S3 No excavation within
900mm of side boundary.
S3 No excavation within 3m
of rear boundary.
S4 Length of second storey
portion is not greater than 12m at less than 1.5m from a southern boundary.
S5 Second storey potion of
a semi is confined within a existing roof space or setback from the front
elevation and respects the symmetry of the adjoining semi.
|
Complies
NA
NA
NA
Minor non compliance –
refer text below.
NA
|
|
BUILDING
SETBACKS
|
Front
Setback
P1 Generally conforms with
adjoining development or dominant setback along street.
Rear
Setback
P2 Allow neighbours
adequate access to natural light, view sharing and retains trees and
vegetation.
Side
Setback
P3 Allow occupants and
neighbours adequate access to natural light, daylight and fresh air.
Side setbacks on corner
allotments must integrate with established setbacks of both streets and
maintain the streetscape.
|
Front
Setback
S1 The average of
adjoining dwelling or 6m setback where no adjoining dwelling.
Rear
Setback
S2 No closer than 4.5m.
Side
Setbacks
S3 900mm for any part over
1m above ground level up to one level in height.
1.5m for any part of a
building, two levels at that point.
3.0m for any part of a
building more than two levels at that point.
|
Complies, refer text below.
Complies
Non-compliance. Refer to
text below.
NA
|
|
VISUAL & ACOUSTIC
PRIVACY
SAFETY AND SECURITY
|
P1 Overlooking neighbouring internal living areas and
private open spaces is minimised.
P2 Balconies provide
adequate privacy for occupants.
P3 Dwellings close to
noise sources such as busy roads or industry designed to provide comfortable
living and sleeping environment.
P1 Buildings provide
comfortable living and sleeping environment.
P2 Entries are readily
identifiable.
P3 Front fences, landscape
areas and driveways promote safety and security.
|
S1 Habitable room
windows with direct outlook to others windows within 9m are offset by more
than 45 degrees or have fixed obscure glazing or sill height to 1.5m.
S1 Direct view into the
private open space of adjoining dwelling is obscured or screened within 9m.
S1 Windows have sill
heights of 1.5m or more above floor level or fixed obscure glazing to any
part of the window less than 1.5m above floor level.
S3 Buildings comply with
•AS-2107: Acoustics –
recommended design sound levels and reverberation times for building
interiors.
S1,2,3 Front doors visible
from street.
S1,.3 At least one
habitable room window overlooks the street.
S2 Street number displayed.
S3 Fences comply with
fencing requirements.
|
Complies
Complies
Complies.
Complies.
Complies.
Complies
Fences discussed in text
below.
|
|
GARAGES, DRIVEWAYS &
CAR PARKING
|
Note: Council’s car parking DCP requirements:
1-2 bedroom 1 space
3 bedroom 2 spaces
P1 Are located and designed for convenience and
safety.
· enable the efficient
use of car spaces.
· safe, efficient,
adequate manoeuvrability.
P2 Do not breach the predominant building line.
P3 Do not detract from the streetscape and are
compatible with the dwelling.
P4 Car parking areas and accessways facilitate
stormwater infiltration on site.
P6 Uncovered parking areas suitably landscaped.
|
S1 Car parking spaces
have minimum dimensions of 5.5 metres x 2.5 metres.
· Driveways have a minimum width of three metres and
are set back at least one metre from the side boundary (max width 3m at
boundary).
· Driveway gradients have a maxium of 1 in 6. The
gradient for the first 5m from street not more than 1 in 8.
· Garages and carport to a rear leane are 1m setback.
S2 Carports and garages
located behind the building where rear access available, or behind building
line where front access available.
S3 Driveways, car
parking facilities <35% of frontage.
|
Complies
Complies
NA
Discussed in text
following.
Complies
|
|
FENCES
|
P1 Front fences are integrated with streetscape.
|
S1 Sandstone fences and
walls are retained/recycled.
Solid front fences in
front of the building line no higher than 1.2m.
Fences in front of the
building line no higher than 1.8m with upper two thirds at least 50% open.
(Not applicable in Heritage Conservation Areas).
|
|
|
|
|
|
|
Landscaping
The
objectives and performance requirements of the DCP with regard to landscaping
are that existing significant trees and landscaping are retained and enhanced,
dwellings are provided with usable outdoor recreation area, storm water
management and the appearance, amenity and energy efficiency of the dwelling is
improved through integrated landscape design and the native wildlife populations
are preserved and enhanced through appropriate planting of indigenous
vegetation.
Preferred
solutions include that a minimum of 25m˛ of useable private open space be
provided, a minimum of 40% of the total site area is provided as landscape
area, half of which should be soft permeable landscaping, and each dwellings
private open space shall be capable of containing a rectangle of minimum
dimensions of 3m x 4m with minor changes in level.
The proposed
development provides a total of 141.9 sq.m of landscaped area (ie 49.8% of
total site area), all of which is at ground level and most of which is soft
permeable landscaping. A large rear yard 9m x 10m is preserved as part of the
proposal and provides an important visual and environmental corridor between
the street and the rear yards of adjacent dwellings to the east. This corridor
ensures that neighbours will continue to receive good levels of natural light
and ventilation throughout the year. The proposed development provides more
than adequate open space in accordance with Council requirements.
Floor Area
The objective
and performance requirements of the DCP are that developments are not excessive
in bulk or scale, compatible with the existing character of the locality and
also minimise adverse effects of bulk on neighbours and the street.
The preferred
solution for an allotment of this area is that a maximum floor space ratio of
0.65:1 applies. The proposed development has an FSR of 0.68:1 which exceeds
the DCP requirement by .03:1 or 11.07 sq.m. The applicant has submitted that
the subject variation above Council’s requirement is justified for the
following reasons:
- it is a minor adjustment proposing to achieve a better design
with alignment of the back of the proposal with the adjacent building to the
east at 35 Oberon bringing consistency with the corridor.
- The proposed building falls into the required building
envelope completely and complies with setbacks,
- The visual effect of the back alignment with adjacent
properties at the back would improve the current view corridor from adjacent
properties (35 and 37 Oberon),
- The proposal does not impact on any neighbours views,
- The location and design of development relates to the
topography of the site, with minimal cut and fill.
Comment:
It is considered that the above reasons for non-compliance justify the minor
exceedance. It is considered further that the proposed development is
consistent with the general scale of development in the area. There are many
other examples of two storey developments located nearby (including the
adjacent property to the north, the two storey terrace to the east and the
great variety of two and three storey developments to the south across Oberon
Street). The proposed development would not appear out of context in the
streetscape and would not dominate the street. The proposal does not appear
bulky or as an overdevelopment of the site and no objections are raised with
respect to its scale.
Height, Form & Materials
The objectives
of the DCP are that developments should not be excessive in height and scale
and be compatible with the existing character of the locality, and with respect
to additions that they not detract from the individual character and appearance
of the existing dwelling.
The relevant
performance requirements are that the height of buildings should relate to
those in the existing streetscape and buildings be designed to enhance the
existing desirable built form character of the street by adopting where
relevant characteristics of mass and proportion, materials and finishes, roof
form and pitch, facade articulation, window and door location and proportions,
and verandahs, eaves and parapets.
Preferred
solutions include that the external wall height of the building not exceed 7m,
the length of a second storey portion is no greater than 12m at less than 1.5m
from a side boundary, and that the second storey portion of a semi-detached
dwelling be confined to within the existing roof space or be set back from the
front elevation behind a substantial portion of the existing roof form and
further, the design respect the symmetry of the adjoining semi-detached
dwelling.
The proposed
building is two storeys in height with an external wall height of a maximum of
6.2m and a height to the roof ridge of 8.2m. The proposed development complies
with the maximum height requirements in the DCP and LEP and is consistent with
other two storey buildings in the area.
The proposed
length of the first floor on the eastern side is 12.84m and is 0.991m from the
eastern boundary. The side setback of the proposed upper level is consistent
with other buildings in the area, such as the two storey residential terrace
dwelling to the east and the pair across Oberon Street to the south. The length
of the upper level at 12.84m on the eastern side marginally exceeds Council
requirements by 0.84m and it is considered that reducing the length of the wall
on that side by 0.84m to provide strict compliance would serve no greater value
to neighbours in terms of amenity and would result in a building design that
would lack symmetry and a consistent rear alignment with adjacent buildings.
Building
Setbacks
The objectives
and performance requirements of the DCP seek to ensure that there is adequate
access to sunlight, daylight and fresh air to building occupants and
neighbours, and with respect to front boundary setbacks that the proposal
generally conform with the adjoining or dominant streetscape.
Preferred
solutions include that side setbacks be 900mm for any part of the building at
ground level and 1.5m at first floor level, and that no part of the building is
closer than 4.5m from the rear boundary.
The proposed
development complies with the preferred solutions except for the 1.5m
requirement on the first floor. The proposed first floor on the eastern side,
as mentioned previously, lies 0.991m from the eastern boundary which results in
a minor non-compliance of 0.509m. The non-compliance results in a design with
symmetry and structural integrity. Slightly setting the building in on the upper
level to comply with the preferred solution is not supported.
Visual & Acoustic Privacy
The objective
of the DCP is to ensure that new buildings and additions meet the occupant and
neighbours requirements for visual and acoustic privacy.
The performance
requirements include that overlooking of internal private living areas is
minimised through appropriate building layout, location and design of windows
and balconies and where necessary, separation, screening devices and
landscaping.
The proposed
development results in no significant overlooking to neighbours. The proposed
rear first floor balcony contains a 1.8m high privacy screen on the eastern
side which prevents overlooking to the property to the east. All upper level
windows on the eastern side have been designed so that overlooking to the
adjacent building to the east is prevented. The adjacent building to the north
contains its main open space further to the east and this space is not visible
from the proposed development. Further, the adjacent building to the north has
no significant habitable rooms that face the subject proposal. The proposed
development therefore complies with the preferred solutions with respect to
privacy.
Safety & Security
The
objectives and performance requirements of the DCP seek to ensure that a safe
physical environment and crime prevention is promoted through design, including
that buildings are designed to face the street and other public areas to
provide for surveillance, dwellings and their entrances are readily
identifiable by street numbering and design of front fences and landscaped
areas allows for safe access to the dwelling.
Preferred
solutions are that the front doors of dwellings are visible from the street, at
least one habitable room window overlook the street, a Council approved street
number is conspicuously displayed at the front of the dwelling or front fence,
and that any front fence comply with the other relevant requirements of the
DCP.
The proposed
development is consistent with all of the proposed solutions detailed above.
Garages & Driveways
The objectives
and performance requirements of the DCP include that car parking and driveways
are not visually obtrusive and do not detract from the appearance of the
dwelling and the street scape, and structures are compatible in scale, form,
materials and finishes with the associated dwelling.
Preferred
solutions include that car parking spaces have a minimum dimension of 5.5m x
2.5m, driveways have minimum width of 3m and are set back at least 1m from the
side boundary, parking is located behind the building line and driveways, car
parking spaces and structures do not occupy more than 35% of the width of the
allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the
first 5m from street alignment and 1 in 6 there after.
With respect
to garages and carports to rear lanes these should be set back 1m to improve
pedestrian visibility.
It is
proposed to construct a new garage at the front eastern side of the dwelling,
partially within the existing walls and partially extending in front of the
existing front boundary. The garage is 6m long and 3.3m wide and contains a bin
store and stair access. The site currently has no vehicular access. Vehicle
access off Lion Street is not a preferred option as it would require filling
part of the rear yard to gain the height to access street level and would
effectively result in a large scale loss of useable open space. There is no
rear lane access available to the site and access is only available from Oberon
Street or Lion Street. The adjacent dwellings to the east have front carports
and other multi unit residential housing in the area have front garages
accessing Oberon Street. Because the existing building is sited 3.2m from the
front property boundary, a driveway strip, carport or garage can not be
positioned fronting the building as it does not reach the 5.5m required and
this is why the garage is proposed partially within the existing building. The
proposed garage will not appear from the street as a full sized conventional
garage as it will extend 2.2m from the front of the dwelling.
The proposed
garage will not be out of character with the area and is considered a
reasonable solution given the constraints of the site, the need to preserve
open space and the existing context where carports, driveways and garages
fronting the street are common.
Fences
Generally the
objectives and performance requirements for fences in the DCP are to ensure
that front fencing is integrated with the street scape and is compatible with
the appearance of the dwelling and any established local fence form and
material.
Preferred solutions include that solid fences front
fences are no higher than 1200mm and other types of fences be 1800mm maximum in
height and they be designed so that the upper two thirds is at least 50% open.
The front fence is proposed to
be a 800mm high metal fence. This proposal is consistent with Council’s
preferred solution.
The existing
side (Lion Street) paling fence is approximately 1.2m high. It is proposed to
construct a 1800mm high “Harditex” panelling fence cement rendered and paint
finished to achieve privacy. The proposed fence does not comply with Council’s
preferred solution. A fence as high as that proposed would have a significant detrimental
impact on the appearance of Lion Street but at the same time would provide a
genuine level of privacy that is currently not enjoyed. The existing rear yard
of the subject site and the adjacent yards to the east are highly visible from
the street due to the low paling fence that affords no effective privacy.
A 1.8m high
fence is considered acceptable along the length of Lion Street adjacent to the
rear yard to improve privacy. It is considered that the subject fence should be
either reduced in size to a solid 1.2m high fence for the rest of the length to
Oberon Street (ie from the new pedestrian entrance).
Solar Access and Energy Efficiency
The overall
objectives of the DCP seek to ensure that development promotes and has regard
to the concept of Ecologically Sustainable Development. In this respect the
objectives promote energy efficiency in design and construction, the use of
appropriate resources, encourage the use of passive solar design, and protect
solar access enjoyed by the adjoining premises.
As a general
guide new dwelling houses and attached dual occupancies must demonstrate that
they have been designed to achieve an energy efficiency, NatHERS, rating of 3.5
stars and buildings are orientated and internally configured to take advantage of
and maximise solar access.
The preferred
solutions of the DCP include that private open spaces, outdoor recreation areas
and north facing windows to the subject and adjoining premises receive at least
3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm during the winter equinox. If less than the preferred solution is
currently available access to sunlight should not be reduced.
The proposed
development contains a north facing living/dining area with window/doors
opening onto the open space to the north. The upper level balcony is also north
facing. The orientation of rooms and open space is therefore consistent with
Council principals, is designed to maximise solar exposure and is supported.
With respect
to adjacent dwellings, the dwelling to the east is slightly affected by the
proposed alterations which would result in a minor increase in overshadowing
during the afternoon at the winter solstice. The additional overshadowing falls
over the existing building and will not impact upon the adjacent rear yards.
The building had been significantly altered to ensure that the existing light
and ventilation corridor running east/west was maintained.
The preferred solutions also ask that north-facing
windows to living areas of neighbouring dwellings receive at least 3 hours of
sunlight over at least part of their surface between 9.00am and 3.00pm on 21 June. The adjacent dwelling to the east contains a living room window
facing the west which is located centrally on the side of the building. The
proposed new rear ground floor kitchen will result in additional overshadowing
during the afternoon to the subject west facing living room window. The design
of the proposed dwelling aims to marry the rear setback of the adjacent buildings
so that a long row of buildings with a consistent setback is present. The
living room window of the adjacent dwelling to the east (the only window for
the living room is the one described) has been poorly designed within the
centre of the building which therefore heavily restricts the ability to develop
at 33 Oberon Street without causing some overshadowing to the window.
Overshadowing would start to impact the subject window at approximately 1.30pm, currently overshadowing begins to have an impact slightly before 3pm. It is noted that the overshadowing to the subject window as a result of the proposal
would come only from a ground floor addition, not the proposed second storey.
The proposed privacy screen would not overshadow the adjacent dwelling to the
west but rather the proposed dwelling itself.
It is
considered given the constraints of the site with respect to rear building
alignments, the poor positioning of the living room window to the adjacent
eastern dwelling and that for half of the afternoon from 12 – 3pm the living room window to the adjacent dwelling to the east will receive sunlight, the
proposed development is considered reasonable.
8. ENVIRONMENTAL ASSESSMENT
The
site has been inspected and the application has been assessed having regard to
Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.
The proposed
development is considered to be an appropriate design solution for the site and
complies with most of the requirements specified in the DCP and LEP. Minor modifications
to the rear upper level deck and the perimeter fence are considered reasonable
to ensure the proposal is consistent with surrounding development and will not
adversely impact upon the amenity of surrounding residents. The proposed
development is a well considered response given the constraints of the site and
no objections are raised to consent being granted subject to conditions.
9. CONCLUSION
The proposed
development generally complies with Section 79C of the Environmental Planning
and Assessment Act 1979 (as amended), the Randwick Local Environmental Plan
1998 and the Development Control Plan for Dwelling Houses and Attached Dual
Occupancies. No objections are raised with respect to the proposal subject to
conditions and it is considered that the proposed development is worthy of
approval.
RECOMMENDATION:
A. THAT
Council as the responsible authority grant its development consent under
Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as
amended) to Development Application No 183/03 for alterations and additions to
existing dwelling to form a two storey dwelling at 33 Oberon Street, Randwick
subject to the following conditions:-
1. The development must be implemented substantially in
accordance with the plans numbered 1-3, job no.909, dated 20/5/2003 and
received by Council on 29/5/2003, the application form and on any supporting
information received with the application, except as may be amended by the
following conditions and as may be shown in red on the attached plans:
The
following conditions are applied to satisfy the provisions of section 79C of
the Environmental Planning and Assessment Act 1979 and to maintain reasonable
levels of environmental amenity:
2 The colours, materials and finishes of the external surfaces
to the building are to be compatible with the adjacent development to maintain
the integrity and amenity of the building and the streetscape.
Details of the
proposed colours, materials and textures (i.e. a schedule and brochure/s or
sample board) are to be submitted to and approved by Council’s Director of
Planning & Community Development, in accordance with section 80A (2) of the
Environmental Planning and Assessment Act 1979 prior to commencement
of any building works.
3 The
proposed fence to Lion Street is to be a maximum height of 1.2m between the
proposed Lion Street pedestrian entrance to the proposed dwelling and Oberon
Street.
4 The
proposed rear deck on the first floor is to be reduced in width to 1.2m.
5 The
proposed front fence is to be a timber picket fence.
6 Any
gate openings shall be constructed so that the gates, when hung, will be fitted
in such a manner that they will not open over the footway or public place.
7 The
premises is to be used as a single residential dwelling only at all times and
must not be used for dual or multi-occupancy purposes without obtaining the
prior written development consent from the Council.
8 Internal
or external clothes drying facilities are to be provided in accordance with the
provisions of the Building Code of Australia.
Should
external clothes drying facilities be provided, the facilities must be
adequately screened by vegetation and details are to be incorporated into the
landscaping plans, to the satisfaction of the certifying authority.
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The following conditions are imposed to promote ecologically
sustainable development and energy efficiency.
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9 The development must be designed and constructed to achieve
a minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a
NatHERS certificate or equivalent, prepared by a suitably qualified person, is
to be submitted to the certifying authority with the construction
certificate application.
The design
of the building must be consistent with the development consent and any
proposed variations to the building to achieve the energy efficiency rating may
necessitate a new or amendment to the development consent prior to the issuing
of a construction certificate.
10 The
consumption of water within the building shall be minimised by the use of triple
A rated water efficient plumbing fixtures (taps and shower roses) and water
efficient dual flush toilets. Details of compliance are to be noted in the construction
certificate plans or specifications.
11 External
timber or metal framed and brick veneer walls and roofs are to be provided with
insulation (i.e. bulk insulation and a reflective building membrane/reflective
sarking/foil insulation), having a minimum total thermal resistance R–value of
3.0 in roofs and 1.5 in external walls. The insulation and reflective building
membrane is to be installed in accordance with the relevant requirements of the
Building Code of Australia and the manufacturers details.
Details of
compliance with the requirements for insulation are to be included in the construction
certificate application.
12 Hot water service pipes are to be provided
with insulation, in accordance with the relevant requirements of Building Code
of Australia and AS 3500.
13 The
hot water system installed in the development must achieve a minimum greenhouse
score of 3.5 as detailed SEDA’s Energy Smart Homes Policy. Any electric
clothes dryers to be provided in the development must also have a minimum 2
star energy rating.
14 Landscaping
shall be provided to the site to enhance its amenity and reduce the impact of
the development upon neighbouring properties. A landscape plan shall be
submitted to and approved by the Director of Planning & Community
Development, in accordance with section 80A(2) of the Environmental Planning
and Assessment Act 1979, prior to a construction certificate being
issued.
Landscaped areas must contain a predominance of species
that require minimal watering once established or species with water needs that
match rainfall and drainage conditions.
Landscaped areas must include an area and
facilities dedicated for onsite composting and porous paving should also be
used in all pathways, wherever practicable, to maximize on-site absorption of
rainwater and details are to be provided on the landscape plans.
The
following group of conditions have been applied to ensure that adequate
drainage is provided from the premises and to maintain adequate levels of
health and amenity in the locality:
15 Surface water/stormwater must be drained and discharged to
the street gutter and details are to be included in the construction
certificate details for the development.
Details of any
works proposed to be carried out in or on a public road/footway are to be
submitted to and approved by Council’s Director of Planning and Community Development
prior to commencement of works.
The
following conditions are applied to ensure that the development satisfies the
provisions of the Environmental Planning and Assessment Act 1979 and
Regulations:
16 All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
17 In accordance with clause 98 of the Environmental
Planning and Assessment Regulation 2000, it is a prescribed condition, that
in the case of residential building work, a contract of insurance must
be obtained and in force, in accordance with the requirements of the Home
Building Act 1989.
Where the work is to be done by a licensed contractor,
excavation or building work must not be carried out unless the Principal
Certifying Authority (PCA):
· has been informed
in writing of the licensee’s name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where
the work to be done by any other person (i.e. an owner builder), excavation or
building work must not be carried out unless the Principal Certifying
Authority:
· has been informed
of the person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $3,000.
Details of the
builder and compliance with the provisions of the Home Building
Act 1989 are to be submitted to Council prior to the commencement of works,
on the notice of appointment of the PCA / Intention to commence building work.
SECURITY DEPOSIT CONDITIONS
The following conditions are applied to provide adequate
security against damage to Council’s infrastructure.
18 The following vehicular crossing deposit requirement is to
be complied with prior to a construction certificate being issued for the
development, as security for Council or a Council approved subcontractor to
construct the vehicular crossing.
a) $700.00 - Vehicular
crossing deposit
b) $600.00 - Security
damage deposit
The
security shall be provided by way of a monetary deposit with the Council and a
request for a refund of the security deposit is to be made in writing upon
finalisation of the works.
The
vehicular crossing deposit may be provided by way of cash or cheque with the
Council and is refundable upon the completion of the Council vehicular crossing
by Council or a Council approved subcontractor.
TRAFFIC CONDITIONS/CIVIL WORKS
CONDITIONS
The following conditions are
applied to provide adequate provisions for access, transport and
infrastructure:
19 The applicant must meet the full cost for Council or a
Council approved contractor to:
a. Construct concrete vehicular crossing and layback at kerb
opposite the vehicular entrance to the site in Oberon St.
Note: This
shall include the removal and replacement planting of the small Council street
tree.
20 The applicant must meet the full cost for Council or a
Council approved contractor to repair/replace any damaged sections of Council's
footpath, kerb & gutter, nature strip etc which are due to building works
being carried out at the above site. This includes the removal of cement slurry
from Council's footpath and roadway.
21 The applicant shall note that all external work, carried out
on Council property, shall be in accordance with Council's Policy for
"Vehicular Access and Road and Drainage Works". An application for
the cost of the Council civil works is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design and supervision fee based on the lowest quotation from Council's
nominated contractor will be required to be paid prior to the commencement of
any works.
22 The new boundary fence constructed at the Oberon St/Lion St
boundary that is greater than 600mm above the existing Council footpath level
in Oberon St is to be constructed with a 1.00m x 1.50m splay. Details are to be
shown on the plans submitted for the construction certificate. Note only groundcover
plants are allowed for planting within this splay.
ALIGNMENT LEVEL CONDITIONS
The following conditions are
applied to provide adequate provisions for future civil works in the road
reserve:
23 The Council’s Department of Asset & Infrastructure Services
has inspected the above site and have determined that the design alignment
level (concrete/paved/tiled level) at the property boundary for driveways,
access ramps and pathways or the like, must be as follows:
Oberon St
Frontage - match the back of the existing footpath along the full site
frontage.
Lion St
Frontage - match the back of the existing footpath along the full site
frontage.
Any enquiries regarding this matter should be
directed to Council’s Assets & Infrastructure Services Department on 9399
0923.
The design alignment level at
the property boundary must be strictly adhered to.
24 The design alignment levels (concrete/paved/tiled level)
issued by Council and their relationship to the existing Council footpath
levels must be indicated on the building plans for the construction
certificate..
25 The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued at
a prescribed fee of $68.20 (inclusive of GST). This amount is to be paid prior
to a construction certificate being issued for the development.
The following conditions are applied to provide adequate
consideration for service authority assets:
26 A public utility impact assessment must be carried out on
all public utility services on the site, roadway, nature strip, footpath,
public reserve or any public areas associated with and/or adjacent to the
development/building works and include relevant information from public utility
authorities and exploratory trenching or pot-holing, if necessary, to determine
the position and level of service.
27 The applicant must meet the full cost for telecommunication
companies, gas providers, Energy Australia and Sydney Water to
adjust/repair/relocate their services as required. The applicant must make the
necessary arrangements with the service authority.
Landscape Conditions
The following conditions are
applied to provide adequate provisions for landscaping and to maintain
reasonable levels of environmental amenity:
28 That part of the nature strip upon Council's footway which
is damaged during the construction of the proposed works shall be excavated to
a depth of 150mm, backfilled with topsoil equivalent with 'ANL Organic Garden
Mix', and re-turfed with Kikuyu turf. Such works shall be completed at the
applicants expense prior to the issue of the Occupation Certificate.
The
naturestrip upon Council's footway shall be maintained by the applicant in
accordance with Council guidelines. Such maintenance shall include, but not be
limited to, watering, mowing, fertilising, and the removal of weeds.
The
following group of conditions have been applied to ensure the structural
adequacy and integrity of the proposed building and adjacent premises:
29 A Certificate of Adequacy supplied by a professional
engineer shall be submitted to the certifying authority (and the
Council, if the Council is not the certifying authority) prior to a
construction certificate being issued for the development, certifying the
structural adequacy of the existing structure to support the additional storey.
The
following conditions are applied to ensure that the development satisfies
relevant standards of construction, and to maintain adequate levels of health,
safety and amenity during construction:
30 All demolition work is to be carried out in accordance with
the provisions of AS2601-1991. The Demolition of Structures, as in force at 1 July, 1993.
31 Prior to the commencement of any building works, 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 and Environmental Planning & Assessment Regulation
2000.
32 Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building
work must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
33 A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
34 The building works are to be inspected by the principal
certifying authority (or other suitably qualified person on behalf of the
applicant) to monitor compliance with Council’s approval and the relevant
standards of construction.
Documentary
evidence of compliance with Council’s approval and relevant building
inspections, is to be maintained by the principal certifying authority.
35 A Registered Surveyor’s check survey certificate or compliance
certificate is to 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), detailing compliance with Council’s approval at the following
stage/s of construction:
On completion of the
erection of the building showing the area of the land, the position of the
building and boundary setbacks and verifying the building has been constructed
at the approved levels.
36 Building
and demolition works must only be carried out between the hours of 7.00am to
5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and
all building activities are strictly prohibited on Sundays and public holidays,
except with the specific written authorisation of Council’s Manager of
Environmental Health and Building Services.
37 A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case of
residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act 1989 and
Regulations
38 Noise
emissions during the construction of the building and associated site works
must comply with the relevant provisions of the Protection
of the Environment Operations Act 1997 & the Noise Control Manual
published by the Environment Protection Authority, except as may be amended by
the conditions of this approval.
39 Building
materials, sand, soil, waste materials or construction equipment must not be
placed upon the footpath, roadway or nature strip at any time and the footpath,
nature strip and road must be maintained in a clean condition and free from any
obstructions at all times.
40 Bulk
bins/waste containers must not be located upon the footpath, roadway or nature
strip at any time without the prior written consent of the Council, unless the
waste container is located upon the road in accordance with the Roads &
Traffic Authority Guidelines and Requirements, and the container is exempt from
an approval under Council’s Local Approvals Policy.
The following conditions are
applied to ensure that reasonable levels of fire safety are provided in the
building:
41 Smoke
alarms are required to be installed in each Class 1 building or dwelling in
accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing
Provisions.
Smoke alarms must comply
with AS3786 – Smoke alarms and be connected to the consumer mains electric
power supply and provided with a battery back-up.
The smoke alarms are to be
installed in suitable locations on or near the ceiling, in any storey
containing bedrooms; located between each part of the dwelling containing the
bedrooms and the remainder of the dwelling, or where bedrooms are served by a
hallway, the smoke alarms are to be located in that hallway; and smoke alarms
are to be installed in any other storey not containing bedrooms, to the
satisfaction of the certifying authority.
Smoke alarms are not to be
located in ‘dead-air-spaces’, in the corner junction of walls and ceilings
between exposed rafters/joists or at the apex of raked ceilings, as detailed in
Part 3.7.2 of the B.C.A. – Housing Provisions.
Details of compliance with
the provisions of the Building Code of Australia must be included in the plans
/ specification for the construction certificate.
Advisory Conditions
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.
A ADVISORY MATTERS:
A1 The
applicant is advised that the Construction Certificate plans and specifications
must comply with the provisions of the Building Code of Australia (BCA) –
Housing Provisions.
In
this regard, the development consent plans do not show compliance with a number
of the deemed-to-satisfy provisions of the BCA, including:
a) Part
3.1 - Site preparation
b) Part
3.2 - Footings and slabs
c) Part
3.3 - Masonry construction
d) Part
3.4 - Framing (floors, walls and roofs)
e) Part
3.5 - Roof and wall cladding
f) Part
3.6 - Glazing
g) Part
3.7 - Fire safety
h) Part
3.7.1 - Fire separation
i) Part
3.7.2 - Smoke alarms
j) Part
3.7.3 - Heating appliances
k) Part
3.8 - Health and amenity
l) Part
3.8.2 - Room heights
m) Part
3.8.3 - Facilities
n) Part
3.8.4 - Natural and artificial lighting
o) Part
3.8.5 - Ventilation requirements
p) Part
3.8.6 - Sound insulation
q) Part
3.9 - Safe movement and access
r) Part
3.9.2 - Balustrades, design, location and height
s) Part
3.11 - Structural design manuals
Details
of compliance with the relevant provisions of the Building Code of Australia
and conditions of development consent are to be provided in the plans and
specifications for the construction certificate.
A2 The
applicant is advised that the development consent plans do not indicate
compliance with the deemed-to-satisfy provisions of the Building Code of Australia
and compliance may necessitate variations to the development consent plans. In
this regard, any variations which alter the configuration, size, for, layout or
design of the building, may necessitate an amendment to the development consent
(or a new development application), and Council’s Building Surveyor or an
Accredited Certifier should be consulted prior to the lodgement of an application
for a Construction Certificate.
ATTACHMENT/S:
A4 configurations
Development
Application Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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Subject Site
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Submissions received
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North
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The proposed
development involves the demolition of the existing dwelling house and the
erection of a two storey dual occupancy development with each dwelling
containing four bedrooms and a ground level rear deck. The estimated cost of
development is $350,000.
The site is
located in a 2A residential zone under the Randwick LEP 1998 and is subject to
the Dwelling Houses and Attached Dual Occupancies DCP. The proposed development
is permissible in the zone and is consistent with the provisions of the DCP,
including height, FSR, landscaping, setbacks and parking.
The
application was notified to adjacent residents and several submissions were
received objecting to the proposal on the grounds of overshadowing, privacy
loss, excessive scale and bulk, inconsistency with adjacent development and the
character of the area, tree loss, lack of landscaping and an unattractive
appearance.
The assessment
of the application reveals that the proposal is consistent with the provisions
of the Randwick LEP 1998 and the DCP for Dwellings and Dual Occupancies. The
proposal is consistent with other two storey dual occupancies in the area and
will not be out of character with the predominant built form and architectural
styles. Several trees will need to be removed and replaced while some can be
retained. Overlooking to adjacent properties from the rear decks and an upper
level bedroom window are issues which are to be addressed by way of conditions
of consent to ensure loss of privacy is prevented. Overall, no objections are
raised from a planning perspective with respect to the proposal subject to
conditions.
The
application has been referred to the Council for determination at the request
of Councillors Daley, Matthews, Sullivan and White.
The
recommendation is for approved subject to conditions.
2. THE
PROPOSAL
It is proposed
to demolish the existing single storey freestanding dwelling on site and erect
a two storey attached dual occupancy. Each dwelling contains at ground level a
single garage accessed off Mitchell Road, living room, dining room, family room
and kitchen with a rear deck and on the first floor four bedrooms and a
bathroom.
Perspective
of proposed development from Mitchell
Street.
3. THE
SUBJECT SITE AND SURROUNDING AREA:
The subject
site is located on the southwestern side of Mitchell Street slightly east of
its intersection with Eyre Street, Chifley. The site is a slightly irregular
rectangular shaped allotment that has an area of 686.02 sq.m with a width of
approximately 18.2m and a length of approximately 37.5m and contains a single
storey freestanding weatherboard cottage at the front of the site. There is a
slight fall in land height from the front of the property to the rear of
approximately 2m. The site contains several mature trees at the rear of the
property.
Adjacent to the
site on the southeastern side is a part two storey brick residence that appears
as a single storey dwelling from Mitchell Street, the additional level being a
lower floor at the rear. Adjacent to the site on the northwestern side is a
single storey dual occupancy and to the rear or southwestern side is a single
storey residence that fronts Eyre Street. To the north of the site across Mitchell
Street is the Chifley Public School.
Development in
the area consists of one and two storey residential dwelling houses and dual
occupancies.
Subject site showing single storey fibro cottage.
Adjacent
dwellings to the east. Adjacent development to the
west.
4. SITE
HISTORY
a. APPLICATION
HISTORY
The subject
application was submitted to Council on 20 March 2003. Concerns were raised by
Council officers with respect to the setback of the building to Mitchell Street
being inconsistent with adjacent dwellings and consequently amended plans were
submitted on 5 June 2003. This application is an assessment of the amended
plans.
5. COMMUNITY
CONSULTATION:
The proposal
has been notified in accordance with the Local Environmental Plan 1998. The
following submissions were received:
5.1 Objections
to original proposal
Sandra A Brown
3 Eyre Street,
Chifley NSW 2036
· Four large trees at the
rear of the subject property should be retained. The proposed development
should be redesigned to preserve the trees which provide a considerable level
of privacy.
Comment:
Council’s landscaping section has required that several trees be retained
whilst some can be removed provided they are replaced in another location.
· The rear balcony should
be taken out and put at the front of the dwelling. Three adjoining ratepayers
will lose privacy as a result of the decks.
Comment: The
rear decks will create an overlooking opportunity to all adjacent properties
and privacy screens are to be provided to prevent this or the decks are to be
lowered to ground level.
Barry & Dianne Reilly
62a Mitchell Street
Chifley NSW 2036.
· Concern with respect to
rear balconies and overlooking to adjacent properties. Balconies should be at
the front of the dwelling.
Comment: This
matter is addressed previously.
P Fownes
62 Mitchell Street
Chifley NSW 2036.
· Proposal totally out of
character with existing structures in the ward and the immediate area. The
buildings appear as one large building and are not symmetrical.
Comment: The
proposed dual occupancy is not out of character with existing development in
the area. There are several examples of two storey dual occupancies located
within 50m of the subject site. The type of dual occupancy proposed as part of
this development is, however, unique and is necessary to minimise the visual
impact of two double garages to Mitchell Street. Setting the dwellings
asymmetrically allows a greater area of landscaped open space to the front yard
and enables a vehicle entrance/access not facing Mitchell Street. This design
enables the facade to appear as a large single residence from the street rather
than appearing as two double garages. In terms of the buildings appearance and
its impact on the streetscape, the proposed design is preferred to that
suggested in the objection.
· Setback of the building
on the eastern side results in a lengthy section running to the southern (rear)
boundary.
Comment: The
proposed setbacks comply with all of the preferred solutions outlined in
Council’s Dwelling Houses and Attached Dual Occupancies DCP as outlined in
sections 8 and 9 below.
· Structure will overshadow
adjacent properties, particularly the kitchen, living and bedrooms.
Comment:
Shadow diagrams submitted by the applicant show that the proposed development
will overshadow part of the rear of the property to the southeast during the
winter solstice to some extent at 3pm and to a very small part of yard area at
midday. The building to the southeast will not be overshadowed by the proposal
throughout the morning, midday or early afternoon. It is considered that the
impact to the property to the southeast is minor and does not warrant a
redesign.
Part of the
rear yard of the property to the rear of the subject site will be overshadowed
during the morning at the winter solstice. From midday onwards there will be no
effect to the subject yard and the proposal is therefore considered reasonable.
· The second level windows
and balcony will result in a loss of privacy to the adjacent dwellings.
Comment: There
is no second storey balcony as part of the proposal. A single window to bedroom
no. 4 in unit B (ie the eastern unit) faces the roof area of the adjacent
building to the east. The subject window will not result in any significant
loss of privacy or amenity to adjacent residents as it is a bedroom window,
however a condition can be imposed to ensure overlooking opportunities are
prevented.
· Fumes and noise during
construction period will have a significant adverse health impact on elderly
neighbours.
Comment:
Conditions of consent can be imposed to ensure that health impacts to adjacent
residents is minimised during the construction phase.
· Large old trees would
need to be removed.
Comment: This
matter has been addressed previously.
· A normal duplex like
others in the area should be constructed and would be supported.
Comment: This
matter is addressed previously.
· Loss of value to property
as a result of development.
Comment: This
is not a planning consideration. Notwithstanding, evidence suggests that new
developments often result in an increase in the value of existing development
in an area.
Objections to amended plans.
P Fownes
62 Mitchell Street
Chifley NSW 2036.
· The building/s are not
symmetrical and appear as one large building.
Comment: The
proposed building has been designed to specifically comply with Council
controls. Development that is not symmetrical is permissible under the DCP for
dwellings and attached dual occupancies.
· There is very limited
landscape area for both developments.
Comment: The
proposed landscape areas comply with Council requirements as discussed in
section 8 below.
· The dwellings occupy the
full length of the property offering no reprieve to neighbours.
Comment: The
proposed building envelopes occupy a similar length to the adjacent buildings.
The proposal complies with the DCP requirements for setbacks and building
lengths.
· All traffic enters and exits from one
driveway impacting on the residents.
Comment: It is unlikely that a
wider driveway would result in any lesser impact to neighbours as vehicle
movements would remain the same. Lesser driveway widths allow for greater open
space which is preferred to greater concrete area. The proposal complies with
Council requirements with respect to driveways in the Parking DCP.
· The design severely
detracts from the appearance of adjacent dwellings and the streetscape,
primarily due to the two double garages fronting Mitchell Street.
Comment: This
matter has been addressed previously.
6. TECHNICAL
OFFICERS COMMENTS
The application has been
referred to the relevant technical officers, including where necessary external
bodies and the following comments have been provided:-
6.1 Landscape
Issues
Landscape Comments
There are several trees that
will be affected by the proposed works, including:
1. One (1) Banksia species (Banksia) located on the adjoining
property to the east and along the western boundary of the site. This tree is
in the order of 8 metres in height appears to be in average condition with poor
form and is covered by Council’s Tree Preservation Order. This tree should be
retained as part of this application.
2. One (1) Euphorbia species (Milkweed) located towards the
rear of the site. This tree is in the order of 5-6 metres in height appears to
be in average condition and is covered by Council’s Tree Preservation Order.
Permission is granted for the removal of this tree.
3. One (1) Citrus species (Citrus) located towards the rear
of the site. This tree is in the order of 6 metres in height appears to be in
good condition and is covered by Council’s Tree Preservation Order. Permission
is granted for the removal of this tree.
4. One (1) Jacaranda mimosifolia (Jacaranda) located towards
the rear of the site. This tree is in the order of 7 metres in height appears to
be in poor condition with poor form and is covered by Council’s Tree
Preservation Order. Permission is granted for the removal of this tree subject
to one replacement (not palm) located within the site.
5. One (1) Livistonia australis (Cabbage Tree Palm) located
towards the rear of the site. This tree is excess of 8 metres in height appears
to be in good condition and is covered by Council’s Tree Preservation Order.
Permission is granted for the removal of this tree subject to one replacement
(not palm) located within the site.
6. One (1) Archontophoenix species (Bangalow) located towards
the rear of the site. This tree is in the order of 7 metres in height appears
to be in good condition and is covered by Council’s Tree Preservation Order.
This tree will not be affected by the proposed works and as such should be
retained as part of this application. Tree protection measures will be required
during construction.
7. One (1) Eucalyptus species (Gum Tree) located along the
southern boundary of the rear of the site. This tree is in the order of 5-6
metres in height appears to be in average condition and is covered by Council’s
Tree Preservation Order. Permission is granted for the removal of this tree
subject to one replacement (not palm) within the site.
8. Two (2) Cupaniopsis anacardioides (Tuckeroo) located
towards the rear of the site. These trees are in the order of 6-8 metres in
hight appear to be in average condition with poor form and are covered by
Council’s Tree Preservation Order. Permission is granted for the removal of
these trees subject to two replacements (not palms) located within the site.
9. One (1) Castenospermum australe (Black Bean Tree) located
within the rear of the site. This tree is in excess of 6 metres in height
appears to be in average condition and is covered by Council’s Tree
Preservation Order. Permission is granted for the removal of this tree.
6.2 Drainage
Issues
Onsite
detention of stormwater is required for this application.
7. MASTER
PLANNING REQUIREMENTS
The proposed
development is not subject to any masterplan requirements.
8. RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS
The Development
application has been assessed in accordance with the provisions of the
following relevant planning documents:
· Randwick Local
Environmental Plan 1998,
· Dwelling Houses and
attached Dual Occupancies Development Control Plan,
· Building Code of Australia.
(a) Randwick
Local Environmental Plan 1998
The site is
zoned 2A Residential under Randwick Local Environmental Plan 1998 and the
proposed activity is permissible with Council’s consent. The following Clauses
of the LEP 1998 apply to the proposal:-
|
Residential
|
|
Clause No.
|
Requirement
|
Provided
|
Compliance
|
|
30(4) Min. Lot Size
|
450 sq.m
|
686sq.m
|
Yes
|
|
31 - Landscape Area
|
40%
|
58.7%
|
Yes
|
|
32 – FSR
|
0.5:1
|
0.48:1
|
Yes
|
|
33 - Building Height
|
9.5m overall,
|
8.3m overall max.,
6.3m max.
|
Yes
Yes
|
8.1 Policy
Controls
a. Development
Control Plan Dwelling Houses and Attached Dual Occupancies
|
CONTROLS
|
PERFORMANCE
REQUIREMENTS
|
PREFERRED
SOLUTIONS
|
COMPLIANCE
(how applicant has
achieved performance
requirements of performance solutions).
|
|
SOLAR
ACCESS
|
P1 New dwellings must
achieve (Nathers) rating of 3.5 stars.
· Design minimise energy for heating, cooling.
· High thermal mass materials.
· Solar hot water systems.
· Insulated hot water pipes.
· Hot water tanks and heaters close to rooms where hot
water used.
· Cooking tops located away from windows, fridges and
freezers.
· Task lights.
· Maximised natural lighting.
· Ceiling and wall insulation to AS2627.1-1993.
P2 Orientation and design
maximises solar access to living areas and open space.
P3 Design minimises use of
mechanical appliances.
P4 Roof area suitable for
solar collectors and photovoltaic cells.
P5 Building materials,
appliances minimise energy requirements.
P6 External clothes drying
area available.
P7 Landscape design
assists microclimate management.
P8 Windows sized to reduce
summer heat and permit winter sun.
P9 Design and siting of
buildings, alterations minimises loss of solar access to neighbours.
P9 Neighbour’s
north-facing living area windows receive at least 3 hours of sunlight over
part of their surface between 9.00am and 3.00pm on 21 June. If less is already available the amount
is not reduced.
P9 Neighbour’s principal
outdoor area receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less is already available the amount is not reduced.
P10 Construction materials
are energy efficient and recyclable.
|
S1 New dwellings provide
certificate complying with a minimum (Nathers) rating of 3.5 stars or
equivalent.
S2.8 North-facing windows
to living areas received at least 3 hours of sunlight over part of their surface
between 9.00am and 3.00pm on 21 June.
S2 Private open space
receives 3 hours of
sunlight over part of its area between 9.00am and 3.00pm on 21 June.
S9 Solar access to solar
collectors on adjacent buildings maintained between 9.00am and 3.00pm each day.
S9 North-facing windows to
living areas of neighbours receive 3 hours of sunlight over part of their
surface between 9.00am and 3.00pm on 21 June. If less available the amount is not
reduced.
S9 Neighbour’s principal
outdoor receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less available the amount is not reduced.
|
Each dwelling achieves a
5 star rating.
Standard ESD conditions
will be imposed to ensure compliance.
Complies
Complies
Complies
Complies
Complies
None proposed but
adequate area available.
Complies
Complies
Complies
No impact from proposal,
Complies
Complies.
|
|
WATER
MANAGEMENT
|
P1 Stormwater disposal systems:
· collect and drain to a suitable disposal system;
· do not adversely affect existing downstream systems;
· fit in with hydrology;
· use on–site stormwater infiltration;
· maximise opportunities for stormwater re-use
stormwater;
· retain existing trees.
P2 Water consumption
minimised inside dwelling .
P3 Water consumption
minimised to landscaping.
|
S1 Stormwater is graded and drained via a gravity
system to Council’s street gutter; or to a suitable absorption system.
S1 Rainwater tanks or
other storage systems collect roof run-off.
S2 Triple A rated
fixtures. Dual flush toilets installed.
S3 Landscaped area:
contain low water demand plant species and design.
|
Complies
Not proposed.
Conditions can be imposed
to ensure this.
Conditions can be imposed
to ensure this.
|
|
LANDSCAPING & OPEN
SPACE
|
P1 Landscaped areas suit
requirements of the dwelling occupants.
P2 Location and design of
private open space:
· allows year-round use
· minimises impact on neighbours
· addresses privacy and sun access
· addresses surveillance, privacy and security.
P3 Local indigenous plant
species used.
P4 Existing trees and
shrubs retained.
P5 Planting will not
obscure or obstruct dwelling entities or personal safety.
P6 Unpaved or unsealed
landscaped areas are maximised.
|
S1 40% of the total site area is landscaped.
S1 252m
of useable private open space per dwelling.
S1 Minimum dimensions are
3m x 4m.
S1 Private open space is
located behind the building line.
S6 20% of the site area is
permeable.
|
Complies.
Complies.
Complies.
Complies.
Complies.
Conditions can be imposed
to ensure this.
Some require removal and
replacement.
Complies
Complies.
|
|
FLOOR
AREA
|
P1 Building bulk must be
compatible with surrounding built forms, minimise effects on neighbours and
streets.
|
FSR
>600m2
0.5:1
|
0.48:1 - Complies
|
|
HEIGHT, FORM &
MATERIALS
|
P1 Height relates to
surrounding streetscape.
P2 Designed to enhance
built form and character of street.
P3 Design relates to the
topography with minimal cut and fill.
P4 Design preserves
privacy and natural light access to neighbours.
P5 Second storey of a semi
detached dwelling integrates with streetscape and adjoining dwelling.
P6 Design allows view
sharing.
|
S1 Maximum 7m external
wall height for house or attached dual occupancy.
S1 Maximum 3.5m external
wall height of buildings or additions to the rear.
S3 Cut or fill does not
exceed 1m.
S3 No excavation within
900mm of side boundary.
S3 No excavation within 3m
of rear boundary.
S4 Length of second storey
portion is not greater than 12m at less than 1.5m from a southern boundary.
S5 Second storey potion of
a semi is confined within a existing roof space or setback from the front
elevation and respects the symmetry of the adjoining semi.
|
6.3 max., complies.
3.5 max., complies.
Complies.
Complies.
Complies.
Complies.
Complies.
NA
NA
|
|
BUILDING
SETBACKS
|
Front Setback
P1 Generally conforms with
adjoining development or dominant setback along street.
Rear Setback
P2 Allow neighbours
adequate access to natural light, view sharing and retains trees and
vegetation.
Side Setback
P3 Allow occupants and
neighbours adequate access to natural light, daylight and fresh air.
Side setbacks on corner
allotments must integrate with established setbacks of both streets and
maintain the streetscape.
|
Front Setback
S1 The average of
adjoining dwelling or 6m setback where no adjoining dwelling.
Rear Setback
S2 No closer than 4.5m.
Side Setbacks
S3 900mm for any part over
1m above ground level up to one level in height.
1.5m for any part of a
building, two levels at that point.
3.0m for any part of a
building more than two levels at that point.
|
Complies.
Complies.
Complies.
Complies.
NA
|
|
VISUAL & ACOUSTIC
PRIVACY
SAFETY AND SECURITY
|
P1 Overlooking neighbouring internal living areas and
private open spaces is minimised.
P2 Balconies provide
adequate privacy for occupants.
P3 Dwellings close to
noise sources such as busy roads or industry designed to provide comfortable
living and sleeping environment.
P1 Buildings provide
comfortable living and sleeping environment.
P2 Entries are readily
identifiable.
P3 Front fences, landscape
areas and driveways promote safety and security.
|
S1 Habitable room
windows with direct outlook to others windows within 9m are offset by more
than 45 degrees or have fixed obscure glazing or sill height to 1.5m.
S1 Direct view into the
private open space of adjoining dwelling is obscured or screened within 9m.
S1 Windows have sill
heights of 1.5m or more above floor level or fixed obscure glazing to any
part of the window less than 1.5m above floor level.
S3 Buildings comply with
AS-2107: Acoustics – recommended design sound levels and reverberation times
for building interiors.
S1,2,3 Front doors visible
from street.
S1,.3 At least one
habitable room window overlooks the street.
S2 Street number displayed.
S3 Fences comply with
fencing requirements.
|
Complies. One bedroom
window on the northwestern side will require obscure glazing.
Complies subject to above.
Complies.
Proposed balconies require
screening to ensure privacy.
NA.
Complies.
Complies.
Complies.
Complies.
NA – no fencing proposed.
|
|
GARAGES, DRIVEWAYS &
CAR PARKING
|
Note: Council’s car parking DCP requirements:
1-2 bedroom 1 space
3 bedroom 2 spaces
P1 Are located and designed for convenience and
safety.
· enable the efficient
use of car spaces.
· safe, efficient,
adequate manoeuvrability.
P2 Do not breach the predominant building line.
P3 Do not detract from the streetscape and are
compatible with the dwelling.
P4 Car parking areas and accessways facilitate
stormwater infiltration on site.
P6 Uncovered parking areas suitably landscaped.
|
S1 Car parking spaces
have minimum dimensions of 5.5 metres x 2.5 metres.
· Driveways have a minimum width of three metres and
are set back at least one metre from the side boundary (max width 3m at
boundary).
· Driveway gradients have a maximum of 1 in 6. The
gradient for the first 5m from street not more than 1 in 8.
· Garages and carport to a rear lane are 1m setback.
S2 Carports and garages
located behind the building where rear access available, or behind building
line where front access available.
S3 Driveways, car
parking facilities <35% of frontage.
|
Complies.
Complies.
Complies.
Complies.
NA
Complies.
Complies.
Complies.
NA.
|
|
FENCES
|
P1 Front fences are integrated with streetscape.
|
S1 Sandstone fences and
walls are retained /recycled.
Solid front fences in
front of the building line no higher than 1.2m.
Fences in front of the
building line no higher than 1.8m with upper two thirds at least 50% open.
(Not applicable in Heritage Conservation Areas).
|
NA - No front fencing is
proposed.
NA.
NA.
|
The proposed
development generally complies with all requirements of the Dwelling Houses and
Attached Dual Occupancies Development Control Plan. Minor issues raised above
requiring further consideration are addressed in section 9 Environmental
Assessment below.
9. ENVIRONMENTAL
ASSESSMENT
The site has been
inspected and the application has been assessed having regard to Section 79C of
the Environmental Planning and Assessment Act, 1979, as amended.
9.1 Local Environmental Planning Instrument's and State of
Environmental Planning Policies (SEPP)
Randwick Local
Environmental Plan 1998.
The proposed development is consistent with the
objectives of the 2A Residential zone and in particular, objectives (a) and (c)
which read as follows:
(a) to maintain the character of established residential areas.
Comment: The
proposed development is for residential purposes, and represents a two storey
dual occupancy that is consistent with the established pattern of development
in the area which is predominantly one and two storey residential dwellings and
dual occupancies.
(b) to
enable redevelopment for low density housing forms, including dwelling houses,
dual occupancy, semi-detached housing, and the like, where such development
does not compromise the amenity of surrounding residential areas and is
compatible with the dominant character of existing development.
Comment: The
proposed development is a form of low density housing that is consistent with
the dominant character of existing development in the area and will not result
in adverse amenity impacts. Amenity impacts are discussed in greater detail in
part d below.
b. Development
Control Plans and Council Policies
Dwelling
Houses and Attached Dual Occupancies Development Control Plan.
As shown in the table above, the proposed
development is generally consistent with all of the requirements of this DCP.
c. Amenity
impact on adjoining development
· Privacy
& overshadowing
The proposed decks to the rear of the proposed dwellings are likely to
create an overlooking opportunity to the yards of the adjacent properties on
all sides. Whilst the proposed decks are located at the ground level of the
proposed development, the slope in land from the front of the property to the
rear is 2m and as a consequence, the floor of the rear decks is 0.8m to 1.2m
above natural ground level. The rear deck should be lowered to ensure no overlooking
opportunities arise.
A bedroom window to proposed unit B facing the property on the
northwestern side would create an overlooking opportunity to the open spaces of
adjacent residents. Privacy louvres will be required to prevent overlooking.
Shadow diagrams provided show that the proposed
development complies with Council requirements and reasonable levels of solar
penetration in accordance with Council requirements are available to adjacent
properties during the winter solstice.
10. CONCLUSION
The proposal
is consistent with Council requirements, however minor amendments are required
to reduce privacy impacts. The proposed development is consistent with the
scale and type of development in the area and will not result in any adverse
amenity impacts to neighbours, subject to conditions. The proposal is
considered to be worthy of approval subject to conditions.
RECOMMENDATION:
A. THAT
Council as the responsible authority grant its development consent under
Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as
amended) to Development Application No 03/00219 for Demolition of existing
dwelling and erection of a two storey attached dual occupancy at 60 Mitchell
Street, Chifley subject to the following conditions:-
1. The development must be implemented substantially in
accordance with the plans numbered 01 to 05 issue C, dated 30/05/03 and
received by Council on 5 June 2003, the application form and on any supporting
information received with the application, except as may be amended by the
following conditions and as may be shown in red on the attached plans:
The following condition/s are applied to satisfy the
increased demand for public amenities and public services:
2. In
accordance with Council’s Section 94 Contributions Plan effective from 2
September 1999, the following monetary contribution is to be paid to Council.
a) for the provision or
improvement of open space $ 2,732.00
b) for the provision or
improvement of community facilities $ 1,208.00
c) Administration fee $425.00
The contribution must be paid in
cash or by bank cheque prior to a construction certificate being issued for
the proposed development, together with payment of the required Section 94
Administration Fee of $425.00. Council’s Section 94 Contribution Plans may
be inspected at the Customer Service Centre, Administrative Centre, 30 Frances
Street, Randwick.
The
following conditions are applied to provide adequate security against damage to
Council’s infrastructure:
3. The following security deposits requirements are to be
complied with prior to a construction certificate being issued for the
development, as security for making good any damage caused to the roadway,
footway, verge or any public place; or 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:
a) $1000.00 -
Security damage deposit
b) $1000.00 - Vehicular
crossing deposit.
The damage deposit may be provided by way of a cash or cheque
with the Council and is refundable upon the applicant advising Council, in
writing, of the completion of all building works and/or obtaining an occupation
certificate, if required.
The vehicular crossing deposit may be provided by way of cash
or cheque with the Council and is refundable upon the completion of the Council
vehicular crossing by Council or a Council approved subcontractor.
The
following conditions are applied to satisfy the provisions of section 79C of
the Environmental Planning and Assessment Act 1979 and to maintain reasonable
levels of environmental amenity:
4. The colours, materials and finishes of the external
surfaces to the building are to be compatible with the adjacent development to
maintain the integrity and amenity of the building and the streetscape.
Details of the
proposed colours, materials and textures (i.e. a schedule and brochure/s or
sample board) are to be submitted to and approved by Council’s Director of
Planning & Environment, in accordance with section 80A (2) of the Environmental
Planning and Assessment Act 1979 prior to commencement of any building
works.
5. The window to proposed bedroom 4 of proposed unit B on the
northwestern elevation at first floor level, shall be of fixed and obscure
glazing below 1.5m from the floor level.
6. The proposed rear deck to proposed unit A is to be lowered
by 700mm and the proposed rear deck to proposed unit B is to be lowered by
900mm to prevent overlooking to adjacent properties.
The
following conditions are imposed to promote ecologically sustainable
development and energy efficiency.
7. The consumption of water within the building shall be
minimised by the use of triple A rated water efficient plumbing fixtures (taps
and shower roses) and water efficient dual flush toilets. Details of
compliance are to be provided in the construction certificate plans or
specifications.
8. Hot water service pipes are to be provided with insulation,
in accordance with the relevant requirements of Building Code of Australia and
AS 3500.
9. External timber or metal framed and brick veneer walls and
roofs are to be provided with insulation (i.e. bulk insulation and a reflective
building membrane/reflective sarking/foil insulation), having a minimum total
thermal resistance R–value of 3.0 in roofs and 1.5 in external walls. The
insulation and reflective building membrane is to be installed in accordance
with the relevant requirements of the Building Code of Australia and the
manufacturers details.
Details of
compliance with the requirements for insulation are to be included in the construction
certificate application.
10 The hot water system installed in the
development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s
Energy Smart Homes Policy. Any electric clothes dryers to be provided
in the development must also have a minimum 2 star energy rating.
11 Landscaping shall be provided to the site to enhance its
amenity and reduce the impact of the development upon neighbouring properties.
A landscape plan shall be submitted to and approved by the Director of Planning
& Community Development, in accordance with section 80A(2) of the Environmental
Planning and Assessment Act 1979, prior to a construction certificate
being issued.
Landscaped areas must contain a predominance of species
that require minimal watering once established or species with water needs that
match rainfall and drainage conditions.
Landscaped areas must include an area and
facilities dedicated for onsite composting and porous paving should also be
used in all pathways, wherever practicable, to maximize on-site absorption of
rainwater and details are to be provided on the landscape plans.
The
following group of conditions have been applied to ensure that adequate
drainage is provided from the premises and to maintain adequate levels of
health and amenity in the locality:
12 Surface water/stormwater must be drained and discharged to
the street gutter or a suitably designed absorption pit and details are to be included
in the construction certificate details for the development.
Absorption
pits or soaker wells must be located not less than 3m from any adjoining
premises and the stormwater must not be directed to any adjoining premises or
cause a nuisance.
Details of any
works proposed to be carried out in or on a public road/footway are to be
submitted to and approved by Council’s Director of Planning and Environment prior
to commencement of works.
The
following conditions are applied to ensure that the development satisfies the
provisions of the Environmental Planning and Assessment Act 1979 and
Regulations:
13 All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
14 In accordance with clause 98 of the Environmental
Planning and Assessment Regulation 2000, it is a prescribed condition, that
in the case of residential building work, a contract of insurance must
be obtained and in force, in accordance with the requirements of the Home
Building Act 1989.
Where the work is to be done by a licensed contractor,
excavation or building work must not be carried out unless the Principal
Certifying Authority (PCA):
· has been informed
in writing of the licensee’s name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where the work to be done by any other person (i.e. an owner
builder), excavation or building work must not be carried out unless the
Principal Certifying Authority:
· has been informed
of the person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $3,000.
Details of the
builder and compliance with the provisions of the Home Building
Act 1989 are to be submitted to Council prior to the commencement of works,
on the notice of appointment of the PCA / Intention to commence building work.
The
following group of conditions have been applied to ensure the structural
adequacy and integrity of the proposed building and adjacent premises:
15 A Certificate of Adequacy supplied by a professional
engineer shall be submitted to the certifying authority (and the
Council, if the Council is not the certifying authority) prior to a
construction certificate being issued for the development, certifying the
structural adequacy of the existing structure to support the additional storey.
The
following conditions are applied to ensure that the development satisfies
relevant standards of construction, and to maintain adequate levels of health,
safety and amenity during construction:
16 All demolition work is to be carried out in accordance with
the provisions of AS2601-1991. The Demolition of Structures, as in force at 1 July, 1993.
17 Prior to the commencement of any building works, 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 and Environmental Planning & Assessment Regulation
2000.
18 Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building
work must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
19 A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
20 The building works are to be inspected by the principal
certifying authority (or other suitably qualified person on behalf of the
applicant) to monitor compliance with Council’s approval and the relevant
standards of construction and Council’s Development Consent.
The Principal
Certifying Authority shall specify the relevant stages of construction to
be inspected and a satisfactory inspection must be carried out, to the
satisfaction of the Principal Certifying Authority, prior to proceeding
to the subsequent stages of construction or finalisation of the works (as
applicable).
Documentary
evidence of the building inspections carried out and details of compliance with
Council’s approval is to be maintained by the Principal Certifying Authority.
Details of critical phase inspections carried out and copies of
certification relied upon, shall be forwarded to Council with the occupation
certificate or, upon finalisation of works if no occupation certificate is
issued.
21 A Registered Surveyor’s check survey certificate or compliance
certificate is to 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), detailing compliance with Council’s approval at the following
stage/s of construction:
Prior to construction of the
footings or first completed floor slab (prior to the pouring of concrete),
showing the area of the land, building and the position of the building and
boundary setbacks and verifying the building has been constructed at the
approved levels.
22 Building
and demolition works must only be carried out between the hours of 7.00am to
5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and
all building activities are strictly prohibited on Sundays and public holidays,
except with the specific written authorisation of Council’s Manager of
Environmental Health and Building Services.
23 A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case of
residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act 1989 and
Regulations
24 Noise
and vibration emissions during the construction of the building and associated
site works must not result in damage to nearby premises or result in an
unreasonable loss of amenity to nearby residents and the relevant provisions of
the Protection of the Environment Operations
Act 1997 must be satisfied at all times.
25 Building
materials, sand, soil, waste materials or construction equipment must not be
placed upon the footpath, roadway or nature strip at any time and the footpath,
nature strip and road must be maintained in a clean condition and free from any
obstructions at all times.
26 Bulk
bins/waste containers must not be located upon the footpath, roadway or nature
strip at any time without the prior written consent of the Council, unless the
waste container is located upon the road in accordance with the Roads &
Traffic Authority Guidelines and Requirements, and the container is exempt from
an approval under Council’s Local Approvals Policy.
The following conditions are
applied to ensure that reasonable levels of fire safety are provided in the
building:
27 Smoke
alarms are required to be installed in each Class 1 building or dwelling in
accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing
Provisions.
Smoke alarms must comply
with AS3786 – Smoke alarms and be connected to the consumer mains electric
power supply and provided with a battery back-up.
The smoke alarms are to be
installed in suitable locations on or near the ceiling, in any storey
containing bedrooms; located between each part of the dwelling containing the
bedrooms and the remainder of the dwelling, or where bedrooms are served by a
hallway, the smoke alarms are to be located in that hallway; and smoke alarms
are to be installed in any other storey not containing bedrooms, to the
satisfaction of the certifying authority.
Smoke alarms are not to be
located in ‘dead-air-spaces’, in the corner junction of walls and ceilings
between exposed rafters/joists or at the apex of raked ceilings, as detailed in
Part 3.7.2 of the B.C.A. – Housing Provisions.
Details of compliance with
the provisions of the Building Code of Australia must be included in the plans
/ specification for the construction certificate.
The following conditions
are applied to provide adequate provisions for access, transport and
infrastructure:
28 The applicant must meet the full cost for Council or a
Council approved contractor to:
a. Construct a concrete vehicular crossing and layback at kerb
opposite the vehicular entrance to the site.
b. Remove the redundant concrete vehicular crossing and layback and
to reinstate the area with concrete footpath, turf and integral kerb and gutter
to Council's specification.
c. Construct a concrete footpath along the full site frontage. Any
unpaved areas on the nature strip must be turfed and landscaped to Council’s
specification.
29 The applicant must meet the full cost for Council or a
Council approved contractor to repair/replace any damaged sections of Council's
footpath, kerb & gutter, nature strip etc which are due to building works
being carried out at the above site. This includes the removal of cement slurry
from Council's footpath and roadway.
30 The applicant shall note that all external work, carried out
on Council property, shall be in accordance with Council's Policy for
"Vehicular Access and Road and Drainage Works". An application for
the cost of the Council civil works is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design and supervision fee based on the lowest quotation from Council's
nominated contractor will be required to be paid prior to the commencement of
any works.
The following conditions
are applied to provide adequate provisions for future civil works in the road
reserve:
31 The Council’s Department of Asset & Infrastructure
Services has inspected the above site and have determined that the design
alignment level at the property boundary for driveways, access ramps and
pathways or the like, must be as follows:
Driveway
Entrance - 300mm BELOW the top of the kerb at all points opposite the kerb,
oppositethe driveway entrance.
Any enquiries
regarding this matter should be directed to Council’s Assets &
Infrastructure Services Department on 9399 0923.
32 The design alignment levels issued by Council and their
relationship to the kerb 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.
33 The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued at
a prescribed fee of $188.00 calculated at $17.60 (inclusive of GST) per metre
of site frontage. This amount is to be paid prior to a construction certificate
being issued for the development.
34 The top of footings of any structures constructed on the
boundary alignment must be at least 400mm below the top of the kerb. This
condition has been attached to accommodate future footpath construction at this
location.
The following conditions are applied to provide adequate
consideration for service authority assets:
35 A public utility impact assessment must be carried out on
all public utility services on the site, roadway, nature strip, footpath,
public reserve or any public areas associated with and/or adjacent to the
development/building works and include relevant information from public utility
authorities and exploratory trenching or pot-holing, if necessary, to determine
the position and level of service.
36 The applicant must meet the full cost for Telstra, Energy Australia,
Sydney Water or Natural Gas Company to adjust/repair/relocate their services as
required. The applicant must make the necessary arrangements with the service
authority.
37 A Section 73 Compliance Certificate under the Sydney water
Act 1994 must be obtained. Application must be made through an authorised Water
Servicing Coordinator. Please refer to “Your Business” section of Sydney
Water’s web site at www.sydneywater.com.au then the “e-developer” icon or
telephone 13 20 92.
Following
application a “Notice of Requirements” will detail water and sewer extensions
to be built and charges paid. Please make early contact with the Coordinator,
since building of water/sewer extensions can be time consuming and may impact
on other services and building, driveway or landscape design.
The Section 73
Certificate must be submitted to the Principal Certifying Authority prior to
the Construction Certificate being issued.
The following conditions are
applied to provide adequate provisions for drainage and associated infrastructure:
38 Engineering calculations and plans with levels reduced to
Australian Height Datum in relation to site drainage shall be 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
issue, 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. This may
involve either connection to the Council's street gutter, or into a Council
stormwater pit. Note: All proposals should indicate the location of the
closest Council stormwater pit and line regardless of the point of discharge.
This information can be obtained by a visual inspection of the area and
perusing Council's drainage plans.
c) 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 (ie. above the 1 in 20 year
storm) to the proposed drainage system.
d) 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
e) 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.
f) 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.
g) 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.
h) All stormwater run-off naturally draining to the site must
be collected and discharged through this property's stormwater system. Such
drainage must, if necessary, be constructed prior to the commencement of
building work.
39 On-site detention must be provided to ensure that the
maximum discharge from the above site is not to exceed that which would occur
during a 1 in 5 year storm of 1-hour duration for the existing site
conditions. All other stormwater run-off from the above site for all storms up
to the 1 in 20 year storm is to be retained on the site for gradual release to
the kerb and gutter or drainage system as required by the Director of Assets
and Infrastructure Services. Provision is to be made for satisfactory overland
flow should a storm in excess of the above parameters occur.
For small
areas up to 0.5 hectares, determination of the required cumulative storage 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
the detention tank must have an open base to infiltrate stormwater to the
groundwater. Note that the ground water and any rock stratum has to be a
minimum of 2.0 metres below the base of the tank.
40 All site stormwater must be discharged by gravity via a private
drainage easement through an adjoining private property (or properties) to the
kerb and gutter or drainage system. This condition is required to provide a
satisfactory overland flow route should a storm in excess of the above
parameters occur.
Should the
applicant demonstrate that all reasonable attempts to procure the private
drainage easement referred to in the previous condition have failed, a pump
system (or infiltration system subject to Council's requirements and a
satisfactory Geotechnical Engineers report) will be permitted. However the
detention required must have a minimum factor of safety of 1.5 larger than the
volume required for a 1 in 100 year storm event under these circumstances. The
pump 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
system must also be designed and installed strictly in accordance with
"Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's
Private Stormwater Code.
41 The applicant must provide for a detention volume of up to
the 1 in 100 year, plus an additional 50% of storage volume should no overland
escape route be provided for storms greater than the design storm.
42 A "restriction as to user and positive covenant"
shall be placed on the title of the subject property prior to the issuing of a
final occupation certificate. Such restriction and positive covenant shall
relate to the onsite stormwater detention system and shall not be released,
varied or modified without the consent of the Council.
Notes:
a. The "restriction as to user 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 Asset and Infrastructure Services Department.
b. The linen plans shall indicate the location and dimensions of the
detention/infiltration areas.
This condition is to ensure that no works which could affect
the design function of the detention system are undertaken without the prior
consent (in writing) from Council.
43 The detention area must be regularly cleaned and maintained
to ensure it functions as required by the design.
44 The stormwater detention area must be suitably signposted
where required, warning people of the maximum flood level.
45 The floor level of all habitable and storage areas adjacent
to the detention area 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 constructed.
(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).
46 A childproof and corrosion resistant fastening system shall
be installed on access grates over pits/trenches where water is permitted to be
temporarily stored.
47 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 system must also be designed and installed strictly in accordance
with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City
Council's Private Stormwater Code.
48 A work-as-executed plan prepared and signed by the hydraulic
engineer or a registered surveyor, and approved by an accredited certifier,
must be submitted to Council's Director of Asset and Infrastructure Services
prior to the issuing of an occupation certificate, detailing the location of
the detention basin with finished surface levels, contours at 0.2 metre
intervals and volume of storage available. The outlet pipe from the detention
basin to its connection with Council's drainage system, must be indicated on
this plan in conjunction with the following information:
a. location
b. pipe
diameter
c. gradient
d. pipe
material ie PVC or EW etc
e. orifice
size (if applicable)
49 A sediment/silt arrester pit must be provided:-
a. within the site at or near the street boundary prior to the
site stormwater discharging by gravity to the kerb/street drainage system; and
b. prior to stormwater discharging into any absorption system.
The sediment/silt arrestor pit shall be constructed with:-
· The base of the pit
located a minimum 300mm under the invert level of the outlet pipe.
· The pit must be
constructed from cast in-situ concrete, precast concrete or double brick.
· The grate is to be a
galvanised heavy-duty grate that has a provision for a child proof fastening
system.
· A minimum of 4 x 90 mm
diameter weep holes located in the walls of the pit at the floor level with a
suitable geotextile material with a high filtration rating located over the
weep holes.
· A galvanised
heavy-duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet
pipe. (Similar to a Mascot GRC stormwater discharge control pit, product code
DS3SDC).
· A child proof and
corrosion resistant fastening system for the access grate (e.g. similar to a
Weldlock spring loaded jay-bolt).
· The inlet pipeline
located on the side of the pit so that the stormwater will discharge across the
face of the screen.
· A sign adjacent to this
pit stating that:
“This
sediment/silt arrester pit shall be regularly inspected and cleaned.”
Note: Sketch details of a standard sediment/silt arrester pit can
be obtained from Council’s Drainage Engineer.
50 Any Absorption Trenches/Pits must be designed in accordance
with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City
Council's Private Stormwater Code.
51 All drainage details for the site shall be prepared by a
suitably qualified hydraulic consultant who shall, at the completion of the
works, certify that the drainage works have been constructed in accordance with
the approved drainage plans.
The following conditions are
applied to provide adequate provisions for waste management:
52 Prior to the credited certifier issuing an occupation
certificate for the proposed development the applicant is to contact Council’s
Manager of Waste in regards to meeting Council’s requirements for waste
services to the dual occupancy
The following conditions are
applied to provide adequate provisions for landscaping and to maintain
reasonable levels of environmental amenity:
53 That part of the naturestrip upon Council's footway which is
damaged during the construction of the proposed works 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 completed at the applicants expense prior to the
issue of a final Occupation Certificate.
54 The
naturestrip upon Council's footway shall be maintained by the applicant in
accordance with Council guidelines. Such maintenance shall include, but not be
limited to, watering, mowing, fertilising, and the removal of weeds.
55 In
order to visually 'soften' the expanses of hard pavement, brick unit pavers (or
similar) shall be used throughout the driveway and carpark areas on the site.
Such details shall be shown on the detailed engineering documentation and shall
include all structural design details including pavement/subgrade thickness.
Such details
shall be in accordance with the relevant Australian Standard and shall be
submitted to, and approved by, the Principal Certifying Authority, prior to the
issue of the Construction Certificate.
Tree Management
56 Approval
is granted for the removal of the following trees subject to the planting of 2
x 75 litre and 3 x 100 litre broad canopied replacement trees (not palms)
within the site. The species selected shall be those that will attain a minimum
height of 6 metres at maturity.
c. One (1) Euphorbia species (Milkweed) located towards the
rear of the site.
d. One (1) Citrus species (Citrus) located towards the rear
of the site.
e. One (1) Jacaranda mimosifolia (Jacaranda) located towards
the rear of the site.
f. One (1) Livistonia australis (Cabbage Tree Palm) located
towards the rear of the site.
g. One (1) Eucalyptus species (Gum Tree) located along the
southern boundary of the rear of the site.
h. Two (2) Cupaniopsis anacardioides (Tuckeroo) located towards
the rear of the site.
i. One (1) Castenospermum australe (Black Bean Tree) located
within the rear of the site.
i. Permission is granted for the removal
of only those trees falling within the area occupied by the approved works.
Removal of the remaining trees on the site are subject to separate application
under the Tree Preservation Order.
ii. The applicant shall be required to
ensure the retention and long-term health of all trees located on adjoining
properties adjacent to the proposed development. As a general guide there shall
be minimal excavation or root pruning within the driplines of the subject
trees.
Tree
Protection Measures
iii. In order to ensure the retention of the Archontophoenix
species (Bangalow) located towards the rear of the site in good health, the
following measures are to be undertaken:
a. All detailed architectural, building, demolition,
engineering (structural, stormwater & drainage, services), and landscape
documentation submitted for the construction certificate application shall show
the retention of the existing tree specimen with the position of the tree trunk
and full diameter of the tree canopy clearly shown on all drawings.
b. Within 1 metre of the tree trunk there is to be no storage
of materials or machinery, nor is cement to be mixed or chemicals
spilt/disposed of in the area, no stockpiling of soil or rubble.
c. Any excavations required for footings, structures,
retaining walls, services, pipes, detention tanks, stormwater infiltration
systems, paving etc within 2 metres of the tree trunk shall be undertaken by
hand and under the direction of, and to the satisfaction of, a suitably
qualified Arborist with all roots being cleanly cut.
Advisory Conditions
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.
A ADVISORY MATTERS:
A1 The
applicant is advised that the Construction Certificate plans and specifications
must comply with the provisions of the Building Code of Australia (BCA) –
Housing Provisions.
In
this regard, the development consent plans do not show compliance with a number
of the deemed-to-satisfy provisions of the BCA, including:
a. Part
3.1 - Site preparation
b. Part
3.2 - Footings and slabs
c. Part
3.3 - Masonry construction
d. Part
3.4 - Framing (floors, walls and roofs)
e. Part
3.5 - Roof and wall cladding
f. Part
3.6 - Glazing
g. Part
3.7 - Fire safety
h. Part
3.7.1 - Fire separation
i. Part
3.7.2 - Smoke alarms
j. Part
3.7.3 - Heating appliances
k. Part
3.8 - Health and amenity
l. Part
3.8.2 - Room heights
m. Part
3.8.3 - Facilities
n. Part
3.8.4 - Natural and artificial lighting
o. Part
3.8.5 - Ventilation requirements
p. Part
3.8.6 - Sound insulation
q. Part
3.9 - Safe movement and access
r. Part
3.9.2 - Balustrades, design, location and height
s. Part
3.11 - Structural design manuals
Details
of compliance with the relevant provisions of the Building Code of Australia
and conditions of development consent are to be provided in the plans and
specifications for the construction certificate.
A2 The
applicant is advised that the development consent plans do not indicate
compliance with the deemed-to-satisfy provisions of the Building Code of Australia
and compliance may necessitate variations to the development consent plans. In
this regard, any variations which alter the configuration, size, for, layout or
design of the building, may necessitate an amendment to the development consent
(or a new development application), and Council’s Building Surveyor or an
Accredited Certifier should be consulted prior to the lodgement of an
application for a Construction Certificate.
ATTACHMENT/S:
A4 reduced plans
Development
Application Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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Subject Site
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Submissions received
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North
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The application is referred to
the Committee as it is valued at $6.5 Million.
It is proposed to demolish
existing buildings on-site and erect a multi-unit residential development
comprising 3 buildings containing 65 dwellings and 123 car spaces at basement
level.
The application initially proposed a development that departed from a
number of requirements of the adopted Master Plan for the subject site.
Following discussions with Council’s officers, the design and layout of the
proposal was amended to make the proposal generally consistent with the
requirements of the adopted Master Plan including FSR, setbacks and
landscaping. In terms of height, a SEPP 1 objection
lodged with respect to the non-compliance with the height standard is
considered to be well founded in the circumstances. The proposal will not have
a significant impact on the amenity of surrounding properties in terms of
visual bulk and scale, solar access, privacy and car parking.
The proposed
building will have a contemporary design that complements the existing heritage
conservation area to the north of the subject site and will enhance the
character of the locality. It will use an effective combination of rendered
brick-work, sandstone and split-faced blockwork interspersed with feature
materials for balconies and windows, all of which will give the development a
distinct visual quality that will make a positive contribution to the character
and design of the public domain. An innovative roof form is also proposed that
integrates the overall composition and expression of the building whilst
allowing useable floor space within its structure.
The proposal
was also referred to Council’s Interim Design Review Panel. The Panel concluded
that the proposal was well designed.
The proposal
would be suitable for the site and would have minimal impacts on the amenity of
adjoining and surrounding properties.
The recommendation is for
approval subject to conditions.
2. THE
PROPOSAL
The proposal
primarily is for the erection of 3 buildings - Building A will be a maximum 3
storey terraced development with frontage to Dangar Street and Tramway Lane.
Building B will be a part-3, part-4 storey residential flat building with
frontage to Wentworth Street and Tramway Lane. Building C will be a maximum 4
storey residential flat building with frontage to Wentworth Street and King
Street. The upper storeys of the development are predominantly contained
within the roof articulation zone identified in the master plan.
The proposal
will contain a total of 65 residential units distributed as follows:
§ Building A : 2
two-bedroom & 18 three-bedroom units = 20 units.
§ Building B : 2
one-bedroom & 17 two-bedroom & 3 three-bedroom units = 22 units.
§ Building C : 7
two-bedroom & 16 three-bedroom units = 23 units.
Pedestrian
access to the proposed development will be provided from Tramway Lane, Dangar
Street, Wentworth Street and King Street.
Car parking for the development would be
accommodated within one basement level under Buildings A and B containing 83
car parking spaces and two basement levels under Building C containing 40 car
spaces
3. THE
SUBJECT SITE AND SURROUNDING AREA:
The site comprises land that was surplus to the
requirements of UNSW. It is located on the western side of Dangar Street and is
also bounded by Tramway Lane to the north, Wentworth Street to the east and
King Street to the south. The north-eastern portion of the site is currently
occupied by an unused private carpark with access via Wentworth Street. The
south-eastern portion is occupied by a single-storey brick dwelling house with
an attached double garage and the north-western portion of the site is occupied
by three tennis courts. The site has an area of 8041m2 and contains
substantial vegetation including mature native and exotic trees.
Development in the locality is characterised
predominantly by a mix of residential and institutional uses. To the west on
the opposite side of Dangar Street is land that is being developed for the Montefiore
aged-care nursing home comprising an aged care facility, synagogue, health-care
facility and function hall. Beyond the Montefiore development is the STA bus
depot and university press building. To the north on the opposite side of Tramway Lane
are predominantly single and double storey dwelling houses that form part of a
Heritage Conservation Area, and to the east on the opposite side of Wentworth Street and to the south on the opposite side of King Street
are predominantly 1960s to 1980s three storey walk-up residential flat
buildings.
Apart from the
existing bus depot and university press buildings, and the proposed Montefiore
aged-care nursing home, the locality is predominantly residential.
4. SITE
HISTORY
4.1 Application
History
The
development application follows the submission and adoption of a Master Plan
for the subject site. The adopted Master Plan, which is essentially a concept
plan for the site provides for the development of the land for approximately 60
dwelling units (indicative only) contained in 3 building blocks with associated
basement carparking for residents and visitors.
In response to
issues raised by Council officers, the applicant amended the scheme by deleting
one unit, increasing the boundary setbacks, reducing the overall FSR,
increasing landscaped area, and lowering the height of Building C. Further
revisions to the proposal were received by Council on 9 July and 16 July 2003 which amended the design of the attic wall to the terraces in Block A,
lowered Block B by 1200mm, and realigned the King St driveway resulting in a
reduction of the total number of car spaces to 123. To allow easy reference,
all the amendments have been consolidated into one set of plans received by
Council on 28 July 2003. The amendments are considered relatively minor and do
not warrant further notification and advertising.
4.2 History of Site Usage
The site previously formed part of the
Vice-Chancellor’s residence of the University of NSW. The land is now
considered surplus to the University.
5. COMMUNITY CONSULTATION:
Both the original and amended proposals were
notified, advertised and referred to the Precinct Committee in accordance with
the Randwick Local Environmental Plan 1998. The following submissions were
received:
5.1 Objections to original proposal
T Kosa, 23/2 Ocean Street,
Bondi
Proposal
exceeds FSR for Residential 2D zone.
Number of dwelling units exceeds that required in
adopted Master Plan.
No RL shown to
roofs.
Inadequate
shadow diagrams to show impact on objector’s property.
G. Naher, 51 Wentworth Street, Randwick
Increase in buildings footprint
from that shown in Master Plan
Decrease in landscaping from that
required under the zoning.
Number of dwelling units exceeds
that required in adopted Master Plan.
Proposal exceeds FSR for
Residential 2D zone.
Waste collection should be
on-site and not on Tramway Lane.
S&F Joseph, 28 Dangar
Street, Randwick
Proposed buildings fronting Dangar
Street and Tramway Lane are two high and dominant in the streetscape.
Inconsistent with heritage
conservation area.
Loss of privacy.
Inappropriate access on Dangar
Street.
Randwick Precinct Committee
DA is inconsistent with adopted
Master Plan resulting in serious environmental consequences.
Increased overshadowing both
internally and externally.
Reduced privacy both internally
and externally.
Additional traffic particularly
on Dangar Street
Increased demand for services.
Scale and bulk unsympathetic to
the adjacent heritage conservation area.
Inadequate landscaping.
Non-compliance with Draft LEP.
R. McCulloch, 2 Dangar Street, Randwick
DA is inconsistent with adopted Master
Plan resulting in serious environmental consequences.
Increased overshadowing both
internally and externally.
Reduced privacy both internally
and externally.
Additional traffic particularly
on Dangar Street
Increased demand for services.
Scale and bulk unsympathetic to
the adjacent heritage conservation area.
Inadequate landscaping.
Non-compliance with Draft LEP.
GM Phillips, 18 Dangar Street, Randwick
The proposal breaches existing
planning guidelines by inappropriate transition from 2C zone to Heritage
conservation area.
The proposal does not comply with
the adopted Master Plan and DCP.
Inadequate time in notifying the
development.
T. Daly, 7/7 Randwick Street, Randwick
Building footprint should be
minimised and reduce number of existing trees to removed.
L. Dixon, 51 Dangar Street, NSW
Roads and amenities will be
taxed/strained.
S. Dart, 49 Dangar Street, Randwick
Increased in number of units is
inconsistent with Master Plan.
Increase in FSR leads to fewer
and smaller landscaped areas.
Inconsistent with heritage
conservation area.
Error in description of
surrounding residential development.
Increased traffic flows in local
streets and lack of bus services.
No access should be provided from
Tramway Lane as this will obstruct access to existing garages.
There should be no garbage
collection on Tramway Lane but rather on Wentworth Street.
Setbacks inconsistent with Master
Plan.
Overdevelopment of the site due
to excess number of dwelling units and increased footprint.
J. Hansen, 9 Mort Street, Randwick
Increase in number of units and
car parking spaces.
FSR of 0.84:1 compared to 0.79:1
in the master plan.
Increased building height and
footprint and decreased setbacks.
Removal of access driveway on Wentworth
Street will increase traffic on Dangar Street.
Reduced landscaping from 60% to
55%.
Waste collection should be from
an on site position. Laneways such as Tramway should not be used for this
purpose or for access to developments.
A&J Cochrane, 67 Dangar
Street, Randwick
Inadequate documentation and
information in the DA.
Inconsistency with the parameters
of the adopted Master Plan in terms of number of dwelling units, FSR and
setbacks.
The proposal exceeds height
parameters set by the Master Plan especially along Tramway Lane.
Use of SEPP 1 Objections is
inappropriate.
Roof terraces will give rise to
overlooking.
Private landscaped areas along
street fronts will not ensure adequate privacy screening and visual
presentation.
Lack of access on Wentworth
Street not conducive to traffic sharing.
Collection of rubbish from Tramway
Lane results in unacceptable amenity and physical impacts.
J Booth, 71 King Street, Randwick
Inconsistency with the parameters
of the adopted Master Plan in terms of number of dwelling units, FSR, height
and setbacks, number of car parking spaces and reduction in landscaping.
Not compatible with the adjoining
Heritage Conservation Area.
The visual impact and loss of
views to homes in the north is greater.
Dangar Street would be too busy
under this proposal; Wentworth Street should take more traffic.
Waste collection should not be
done on Tramway Lane as it could have major traffic congestion.
Ivan, Antoneta and Mate
Unkovic, 10 Dangar Street, Randwick
Different to the master plan in
terms of setbacks, heights, density, driveway access points, the number of
units, car spaces and pedestrian access points on Tramway Lane.
Height and scale of the buildings
are excessive.
Not enough open space along Tramway
Lane. The development is too dense along Tramway Lane.
Traffic congestion on Dangar
Street, there should be an access point on Wentworth Street.
David B Heatherington, 27
Dangar Street, Randwick
Tramway Lane should not be used
for garbage collection or pedestrian access because of existing traffic, access
and safety issues.
Traffic will be too concentrated
on Dangar Street with associated noise and pollution; there should be a
driveway from Wentworth Street.
Different to
the master plan in terms of number of floors, extra bulk and size.
Inappropriate
development for a site next to a 2A conservation zone will impact on resident
privacy and house prices.
Block A and Block B are too
close; there should be more open space between them.
There should be more open space,
less visual impact along the northern boundary.
S.W. and V.J. McCarthy, 81
Wentworth Street Randwick
Overdevelopment of the site
affects local vegetation and amenity. Trees will be progressively lost despite
attempts to preserve the trees.
Development will cause problems
with Street parking.
Aesthetic value of the
conservation area will be destroyed.
Western views enjoyed by resident
on Wentworth Street will be lost.
Buildings on Wentworth Street
should not be more than 2 floors high.
Richard and Dinah Harvey, 1/89-91
Dangar Street, Randwick
The proposal
is different to the master plan in terms of setback on the southern
boundary,
number of units, extra floors, access, parking, FSR and landscaping.
Brown and Associates, Development Assessment and Management on Behalf
of A&J Cochrane, 67 Dangar Street, Randwick and The Owner’s Corporation,
89-91 Dangar Street Randwick
Inadequate
information and documentation.
Use of SEPP 1
to bypass the rezoning process undertaken by Council.
Inconsistency
with draft amendment No31 to LEP 1998.
Inconsistency
with parameters set by the approved master plan for the site, resulting in
overdevelopment and unreasonable amenity impacts.
Inadequate
landscaping.
Unreasonable
and unnecessary overshadowing.
Potential
privacy impacts.
Oscar Finn,
89-91 Dangar Street, Randwick
The DA varies
from the master plan in terms of FSR, building height, number of units,
building footprint, reduced landscaping and number of car parking spaces. The
number of car parking spaces and no driveway access on Wentworth Street will
dramatically increase traffic on Dangar Lane.
The development does not comply with 2B zoning
requirements or FSR.
Buildings are not consistent with
existing character of the area.
No site
elevation has been provided to show how the proposed development will be viewed
from the town houses at 89-91 Dangar Street.
Solar access, overlooking and amenity impacts on 89-91
Dangar Street are unreasonable.
Angela and Graham Denney, 65 Dangar Street, Randwick
Changes to
Building B including height, number of floors and ‘blocks’ will create privacy
impacts.
Buildings
A&B are too dense and there is not enough open space between them. There
should be 7m separation as per the master plan.
The
development will cause unacceptable traffic impact on Dangar Street. There
should be access on Wentworth Street.
Pedestrian safety and waste collection will create
problems for Tramway Lane because it is so narrow.
Setbacks are
not as agreed in the master plan and will devalue property.
The FSR,
number of units and car spaces has increased from that of the master plan.
Tom Gilling
and Rosemary Neill, 35 Dangar Street Randwick
The
development deviates from the master plan in terms of number of units, driveway
access from Wentworth Street (which will cause problems for Dangar Street) and
number of levels.
John
Brooks, 17 Dangar Street, Randwick
The DA is
different from the master plan including number of floors, height, number of
dwellings, setbacks landscaped area, building envelopes and FSR.
The collection
of waste, mailboxes and pedestrian access on Tramway Lane will create traffic
and safety issues.
Traffic will
increase on Dangar Street due to no access driveway on Wentworth Street which
would better distribute the traffic.
Alison
Morris, 17 Dangar Street
The DA is
different from the master plan including number of floors, height, number of
dwellings, setbacks landscaped area, building envelopes and FSR.
The collection
of waste, mailboxes and pedestrian access on Tramway Lane will create traffic
and safety issues.
Traffic will
increase on Dangar Street due to no access driveway on Wentworth Street which
would better distribute the traffic.
George
Leondiou, 24 Dangar Street, Randwick
Scale and bulk of the development is unsympathetic
to the neighbouring conservation area.
Extra floors
will reduce privacy to homes in the north.
The density is
too great for the site.
The
development deviates from the master plan in terms of setbacks, tree planting
and pedestrian access on Tramway Lane.
Buildings
A&B are too close. The separation should be as per the master plan.
Tramway Lane
should not be used for garbage collection and could lead to safety issues.
Dangar Street
will become too busy and Wentworth Street should have a driveway to the
development.
Louise
Ryan, 63 Dangar Street, Randwick
The DA is not
consistent with the master plan which will result in amenity, privacy and
safety impacts including: the removal of the Wentworth Street driveway,
pedestrian access on Tramway Lane, location of mailboxes, location of waste
collection, inadequate landscaping, building envelopes, setbacks and
overdevelopment.
The scale and
bulk of the development is unsympathetic to the heritage conservation area.
Louise
Ryan, Randwick North Responsible Zoning (RNRZ) Convenor
The DA is not
consistent with the master plan which will result in amenity, privacy and
safety impacts including: the removal of the Wentworth Street driveway,
pedestrian access on Tramway Lane, location of mailboxes, location of waste
collection, inadequate landscaping, building envelopes, setbacks and
overdevelopment.
The scale and
bulk of the development is unsympathetic to the heritage conservation area.
Joseph Bede
Whitby, 38 Cowper Street, Randwick
The DA is inconsistent with the master plan in
terms of, FSR, number of dwellings, landscaped area, setbacks and driveway
entry points. Inconsistencies wit the master plan will result in overshadowing,
reduced privacy, additional traffic on Dangar Street and lack of sympathy with
adjacent heritage conservation area.
Leondiou, 59
Dangar Street, Randwick
Scale and bulk
of the development is unsympathetic to the neighbouring conservation area.
Extra floors
will reduce privacy to homes in the north.
The density is
too great for the site.
The
development deviates from the master plan in terms of setbacks, tree planting
and pedestrian access on Tramway Lane.
Buildings
A&B are too close. The separation should be as per the master plan.
Tramway Lane
should not be used for garbage collection and could lead to safety issues.
Dangar Street
will become too busy and Wentworth Street should have a driveway to the
development.
The should be more open space in
the middle of Tramway Lane as there will
be a loss of privacy and views.
Pedestrian
access on Tramway Lane will cause safety and security problems for local
residents.
R&T
Laurendet, 20 Dangar Street, Randwick
The DA is not
in line with the master plan in terms of number of units, FSR, building height
and number of access driveways.
The
development will result in increased traffic on Dangar Street. There should be
an access driveway on Wentworth Street.
D.L.
Stocker, 39 Dangar Street, Randwick
Increased number of floors is not
consistent with the master plan and is inappropriate next to a 2A conservation
zone.
Decreased setbacks will result in
‘over saturation’ of the site.
The removal of the Wentworth
Street access driveway will mean unacceptable traffic levels on Dangar Street.
Carita Lee, 25/89-91 Dangar
Street, Randwick
The development does not comply
with the master plan in terms of number of units, FSR, building height,
building footprint, the removal of an access driveway from Wentworth Street,
increased car parking spaces and reduced landscaping.
Waste collection should not be from Tramway Lane
and should be done from an on site position having regard to traffic issues on
the Lane.
Mary T Bowers, 111 Dangar
Street, Randwick
The
development does not comply with the master plan in terms of number of units,
FSR, building height, building footprint, the removal of an access driveway
from Wentworth Street, increased car parking spaces and reduced landscaping.
Waste collection should not be from Tramway Lane
and should be done from an on site position having regard to traffic and noise
issues in the area.
Paul Watchman, 51
Wentworth Street, Randwick
The
development does not comply with the master plan in terms of number of units,
FSR, building height, building footprint, the removal of an access driveway
from Wentworth Street, increased car parking spaces and reduced landscaping.
Waste
collection should not be from Tramway Lane and should be done from an on site
position.
Paul
Pearce, MP, Parliament of NSW, Legislative Assembly, Suite 113, 1st
Floor, 29 Newland Street, Bondi Junction
The DA alters
the current master plan and increases the number units.
The
development is at the expense of the local residents.
The impact on
the area will be substantial.
Sheenah Dart, 49 Dangar Street,
Randwick
The proposal
is out of step with the master plan in terms of number of units, FSR, fewer and
smaller landscaped areas, setbacks, building footprint and the removal of the
access driveway from the Wentworth Street frontage.
The
development will increase traffic flow in the area – Dangar, King and Cowper
Streets and access roads will become overloaded.
The development
does not take into account the heritage conservation area and will have an
effect on amenity.
Waster
collection should not occur on Tramway Lane and the Lane should not be a point
of access for any part of the development. Waste should be managed and
collected on site.
Michael, Anna and Connor Drage,
61 Dangar Street, Randwick
The development will have a
detrimental affect on the area through increased traffic and more apartment
blocks.
5.2 Objections to amended proposal
Andrew and Jackie Cochrane, 67
Dangar Street, Randwick
The DA is inconsistent with the
master plan in relation to the number of units, FSR,
There is inadequate documentation on the plans with
regard to roof terraces.
Tramway lane
is too narrow for waste collection.
The overall
height of buildings A&B will cause overlooking and have privacy impacts.
Inaccurate and
misleading documentation – relative levels have been incorrectly documented.
Breaches of
setbacks as allowed for in master plan and the associated amenity impacts.
There is a
lack of detail for the landscaped screen to Tramway Lane as required by the
master plan.
Vehicle access
– should follow the master plan. Having a driveway in the setback will reduce
the ability to adequately landscape between the two properties.
Andrew Watts and Francine
Caratti, 16 Dangar Street, Randwick
Amendments are
excessive and greedy.
The amendments
will have a large impact on traffic volume, noise and safety.
The changes to
Tramway Lane will have an impact on residents who use it to access their
properties.
Owner’s Corporation SP 55294,
89-91 Dangar Street
The
development does not comply with the master plan in terms of the increased
number of units, increased FSR, height and access driveways.
The garages
are not in a suitable location and will affect townhouses on the neighbouring
properties.
The car park
fan plenum is not suitably located and should be moved so as not to direct
noise/ pollution toward the neighbouring properties.
The location
of the garbage bin storage area by the car park gives rise to concerns that
odours can permeate neighbour’s living spaces.
The
development is excessively bulky and will cause overshadowing and traffic
concerns.
R.F & D.H Harvey, 1/89-91
Dangar Street, Randwick
The
development does not comply with the master plan in terms of the number of
dwellings and FSR, Block C access is within the setback, Block C garage fan
plenum and garbage storage is in the setback on the wester boundary and garbage
collection is via Tramway Lane.
Additional
concerns are shadowing impact, traffic management and the building facades
dominating the streetscapes.
S.W & V.J McCarthy, 81
Wentworth Street, Randwick
The buildings
B&C are too high affecting local aesthetics dominating the area.
Western and
city skyline views will be lost.
The proposal
is an overdevelopment of the site and will have negative effects on already
congested street parking.
Buildings in
the area should not exceed 2 floors (from ground level) to fit in with the
heritage of the area.
Mark and Patricia Knight, 22
Wentworth Street, Randwick
The proposal
is too bulky and the scale is out of character with the amenity of the
conservation zone.
The
development will necessitate the removal of local trees.
The rooflines
should be restricted to a 2-storey height limit.
Beverley Smith, 2 Stephen
Street, Randwick
Environmental
and ecological impacts on Wentworth Street and the neighbouring conservation
area; the area acts as a buffer to existing medium and high density
development.
The site would
be overdeveloped with excessive height, bulk making the development ‘ugly’.
Adverse
impacts on wildlife including flying foxes and possums.
Negative
effects on the streetscape of the western side of Wentworth Street.
Loss of
existing tennis courts which are an amenity used by the local schools and
community.
Traffic would
substantially increase with congestion and significant additional vehicle
movement.
Andrew Lee, 93 King Street, Randwick
Traffic
management problems and Tramway Lane is not wide enough to sustain the
development.
Height
increases are unacceptable.
There will be
potential for transient residents to dump rubbish.
R & T Laurendet, 20 Dangar
Street
The amended
plans do not comply with the master plan in terms of number of units, building
height, setbacks, and car parking spaces.
There should
be 3 driveway access points, not two. There should be an access point on Wentworth
Street.
Marion Good, 29 Dangar Street, Randwick
The amended
plans do not comply with the master plan in terms of the number of units,
building height, car parking spaces, and access driveways.
The
development will cause traffic safety problems and is unsympathetic to the
adjacent conservation zone in terms of scale bulk and design.
Michael, Anna Drage and GI
Connor Dangar Street
Increased
level of pedestrian and vehicular traffic on Tramway and Dangar Lanes will
cause residents trouble in accessing their property. The removal of an access
driveway on Wentworth Street from the original master plan will bring further
traffic into Dangar Street causing congestion.
Kate and Ben Ashton, 47 Govett
Street, Randwick
The scale,
bulk and design of the proposed development are unsympathetic to the
conservation area.
The DA does
not comply with the master plan in terms of the number of units, height,
setbacks, access driveways, number of car parking spaces and pedestrian
openings on Tramway Lane.
Arthur Hurwitz, 5/37 Church
Street, Randwick
The DA varies from the master plan in terms of
number of units, height, setback, access driveways, number of car parking
spaces and pedestrian openings on Tramway Lane.
Allowing
access to and waste collection from Tramway Lane could cause safety issues.
Waste collection should be from an on-site position.
Paul
Watchman, 51 Wentworth Street, Randwick
The DA does
not comply with the DA in terms of the number of units, height and number of
floors. The plans represent an overdevelopment of the site.
Development
should be sensitive to the heritage nature of the area
Gabrielle Naher, 51 Wentworth
Street Randwick
The number of
units is too great for the site and should be limited to 60.
The building
height and number of floors has increased from that of the master plan.
Ken Callander, 49 Wentworth
Street, Randwick
Opposes the
number of units being increased from 60 to 65 and the height increases.
Peter D Bailey, 52 Wentworth
Street Randwick
The DA would increase traffic on Tramway Lane and
affect resident access to their garages. Parked cars and delivery vehicles
could block the Lane.
The DA has
numerous variations from the master plan and the development does not take into
consideration the increased pressure from the Montefiore development.
Pat Walsh, 30 Wentworth Street,
Randwick
The
application fails to comply with the master plan in respect of the number of
units, height, setbacks, access and waste disposal.
Of particular
concern is the use of Tramway Lane for pedestrian access to the townhouses.
The
development will impact on the specific quality of the Laneways of the area
creating traffic, access and safety problems for residents.
Joan Hansen, 9 Mort Street, Randwick
Tramway Lane
should not be used as a pedestrian access way or for waste collection to
maintain the peacefulness of the area. The development will create traffic
safety concerns for the local residents.
The number of
units, setbacks and building heights should be in line with the master plan.
The traffic
should be shared between all three street frontages. The current plans will
result in traffic problems on Dangar Street.
Edward Au-Yong,
57 Dangar Street, Randwick
The
development does not conform to the master plan including the number of units,
building height, driveway access points, and pedestrian openings on Tramway
Lane.
Allowing access onto Tramway Lane will cause safety
concerns.
Rochelle Abood, 33 Wentworth
Street, Randwick
The addition
of 65 units is a huge impact on the neighbourhood.
The
development does not conform to the master plan in terms of number of units,
height, driveway access points and access to the site via Tramway Lane.
Any new
development should be sympathetic to the area.
Alison
Morris, 17 Dangar Street, Randwick
The amended DA
does not conform to the master plan in terms of the number of floors, number of
units, roof space being used as habitable space, setbacks, driveway access
points, building envelopes and number of car parking spaces.
Waste
collection, pedestrian access and mailboxes on Tramway Lane all create traffic
and safety problems as well as affecting nearby residents.
John Brooks, 17 Dangar Street, Randwick
The amended DA
is not consistent with the approved master plan in terms of number of floors,
height, number of units, roof space being used as habitable space, setbacks,
driveway access points, building envelopes and the number of car parking
spaces.
Waste
collection, pedestrian access and mailboxes on Tramway Lane all create traffic
and safety problems as well as affecting nearby residents.
Kelley Egan, 22/89-91 Dangar
Street, Randwick
The increase
in the number of units from that approved in the master plan is an
overdevelopment of the site.
The height
increase would have a huge impact on neighbouring properties in terms of solar
access.
Sheenah Dart, 49 Dangar Street,
Randwick
The site is
already overdeveloped
The amended
plans do no conform to the original plans
Dangar Street
is a heritage conservation area and the development should therefore no go
ahead.
Tramway lane
is too narrow its gradient is too steep to accommodate the development.
Tramway lane
is unsuitable for garbage collection and garbage collection vehicles could
completely block off the laneway.
The amended
plans will make Dangar Street a busy thoroughfare and the cars for parking
block B should have access from Wentworth Street as approved in the original
Master plan.
Christine Shergold, 26 Dangar
Street, Randwick
The number of
dwelling has increased from 60 to 65.
The building
heights are two to three storeys rather than two.
Setbacks have
decreased and are too small.
Tramway Lane
is too narrow for waste collection.
Car parking
spaces are too numerous – 137 as opposed to 112.
Vehicular
access to car parking on the site has been decreased from three entries to two.
Ian Hemmings, 66 Wentworth
Street, Randwick
Tramway lane
is too narrow and the gradient is too steep to accommodate waste collection.
Because of this, a stepped collection area would be needed for collection which
would be out of context with the streetscape. Garbage collection should be
moved to Dangar Street.
Mr Hemmings’
garage fronts Tramway Lane. The entire width of the Lane is needed to access
the garage and a collection area in front of it would impede access.
The
development would impact on trees, particularly because of the necessity to
provide access from the garbage storeroom to the Lane, if the garbage
collection zone were moved, there would be no impact.
The plans do
not show the treatment of Tramway Laneway. Preference for there to be no
footpath or kerb and gutter.
Noise and
possible damage during construction
Jennifer Booth, 71 King Street Randwick
The amended plans propose 65
units instead of 60.
Building
height increase is unacceptable as it is next to a 2A heritage conservation
zone.
Setbacks have
increased and therefore the building footprint is larger with increases size,
bulk and scale. This will result in greater privacy loss for homes in the north
than was the case under the original master plan.
The removal of
one access driveway for Building B will mean increased traffic on Dangar Street.
The increase
in the number of car parking spaces from 112 to 137 is unacceptable and will
cause and increase in traffic for Dangar Street.
Tramway Lane
will not be able to take the increased traffic with the possibility of blocked
access from parked cars and waste collection could cause similar problems.
Waste collection should be from an on-site position.
Randwick
North Responsible Zoning (RNRZ), Louis Ryan (Convenor)
The amended DA is not consistent with the approved
master plan and therefore should not be approved.
Setbacks are
not the agreed 8m as stated in the master plan. Tramway lane is too narrow and
the amended development encroaches too closely. The same setbacks should apply
as in the Montefiore development – 15m setback with all courtyards and
balconies behind the 8m setback.
Collection of waste
should be from an on-site position and not from Tramway Lane.
Mailboxes for
building B should be located in Wentworth Street and not Tramway Lane. Allowing
mailboxes on Tramway Lane would encourage more pedestrians onto the Lane.
Pedestrian
access should not be allowed onto Tramway Lane because it is too narrow and
therefore dangerous. The 11 access points on Tramway Lane are too many. Local
residents use Tramway Lane to access their garages in Dangar Lane and this is
all it should be used for.
The increase
in traffic on Tramway lane would be unacceptable as the intersection of
Tramway/Dangar lanes is blind whatever angle it is approached from.
Buildings
A&B are too dense and there is not enough open space between them. The
present form would be an eyesore having visual and privacy impacts.
Building B
should be in keeping with the master plan. It would be too close to Tramway and
Dangar Lanes.
One of the
terraces in Building B has a large terrace that would have privacy impacts on
the homes and backyards to the north.
Block C will
cause overshadowing to the Townhouses on the corner of King and Dangar as well
as having privacy impacts.
Council should
not allow the developers the extra profit gained from an extra 5 units at the
expense of the negative impacts on the amenity of the 2A North Randwick
conservation area.
The removal of
Wentworth Street as an access driveway would create negative traffic impacts
on Dangar Street. Wentworth Street should be used as an access way.
The increase
in car parking space from 112 to 137 would result in an increase in traffic for
Dangar Street. The width of the car parking spaces is too narrow and parking
difficulties will encourage residents to park on the street.
The vehicle
access point to Building C would create noise impacts on the residents of the
neighbouring townhouse development There should be trees in this area to stop
the two developments looking like one.
A petition
with 101 signatures was received from RNRZ.
Dan Pace, 16 Govett Street, Randwick
The amended DA is not in
accordance with the master plan.
The increase
in the number of units and the increase in height and number of storeys make
the development unacceptable.
The reduced
setback from the boundary will cause overhang from second storey units.
The increased
number of car parking spaces is unacceptable.
The multiple
access points on Tramway Lane are not in keeping with the master plan.
Angela Denney, 65 Dangar Street,
Randwick
The amended DA
does not comply with the master plan.
Setbacks do no
comply with the master plan. The town houses on Tramway Lane overhang and this
is unacceptable.
Tramway Lane
should not be used for garbage collection or pedestrian access as it is too
narrow, has a blind intersection and will be dangerous to pedestrians.
Building B
should have access from Wentworth Street and not rely on Dangar Street.
The extra
floor levels above that in the master plan creates a bulk and scale which is
unsympathetic to adjoining properties.
Mary T
Bowers, 111 King Street, Randwick
The DA does
not meet the conditions of the master plan including – 65 units instead of 60,
increased building height, decreased setbacks, the removal of an access
driveway from Wentworth Street and an increase in the number of car parking
spaces.
Allowing
access onto Tramway Lane is dangerous as it is 4m wide with no footpath and
waste should be from an on-site position.
Ivan,
Antonet and Mate Unkovic, 10 Dangar Street Randwick
The DA is
different to the master plan including – setbacks which will allow for less open
space, excessive height, density, driveway access points and the number of
units.
Dangar Street
already has too much traffic and the extra car spaces from the development will
create more traffic.
Pedestrian
access on Tramway Lane to the 11 access points would be very dangerous.
Louise Ryan, 63 Dangar Street, Randwick
The amended DA
is not consistent with the approved master plan and therefore should not be
approved.
Setbacks are
not the agreed 8m as stated in the master plan. Tramway lane is too narrow and
the amended development encroaches too closely. The same setbacks should apply
as in the Montefiore development – 15m setback with all courtyards and
balconies behind the 8m setback.
Collection of
waste should be from an on-site position and not from Tramway Lane.
Mailboxes for
building B should be located in Wentworth Street and not Tramway Lane. Allowing
mailboxes on Tramway Lane would encourage more pedestrians onto the Lane.
Pedestrian
access should not be allowed onto Tramway Lane because it is too narrow and
therefore dangerous. The 11 access points on Tramway Lane are too many. Local
residents use Tramway Lane to access their garages in Dangar Lane and this is
all it should be used for.
The increase
in traffic on Tramway lane would be unacceptable as the intersection of
Tramway/Dangar lanes is blind whatever angle it is approached from.
Buildings
A&B are too dense and there is not enough open space between them. The
present form would be an eyesore having visual and privacy impacts.
Building B should
be in keeping with the master plan. It would be too close to Tramway and Dangar
Lanes.
One of the
terraces in Building B has a large terrace that would have privacy impacts on
the homes and backyards to the north.
Block C will
cause overshadowing to the Townhouses on the corner of King and Dangar as well
as having privacy impacts.
Council should
not allow the developers the extra profit gained from an extra 5 units at the
expense of the negative impacts on the amenity of the 2A North Randwick
conservation area.
The removal of
Wentworth Street as an access driveway would create negative traffic impacts
on Dangar Street. Wentworth Street should be used as an access way.
The increase
in car parking space from 112 to 137 would result in an increase in traffic for
Dangar Street. The width of the car parking spaces is too narrow and parking
difficulties will encourage residents to park on the street.
The vehicle
access point to Building C would create noise impacts on the residents of the
neighbouring townhouse development There should be trees in this area to stop
the two developments looking like one.
Chris Daly, 23 Dangar Street, Randwick
Opposes the
development based on traffic problems in Dangar Street.
The new access
driveway on Wentworth Street should be reinstated to mitigate traffic impacts
on Dangar Street.
Dr Peter
Good, 29 Dangar Street, Randwick
The proposed development should not be approved
because it deviates from the master plan – 5 extra units, increased building
height, removal of access on Wentworth Street to Dangar Street, 25 more car
spaces, reduction in setbacks, 11 new pedestrian access points on Tramway Lane
and waste collection from Tramway lane.
In addition
the development will increase traffic in Dangar Street causing safety concerns.
Loretta
Dixon, 51 Dangar Street
Should be a
decrease in the number of dwellings, overcrowding and pressure on
infrastructure, concerned with pedestrian safety and vehicular entry.
Randwick Precinct Committee
Installation
of No Stopping signs along Tramway Lane.
Works required
for pedestrian access should be funded by the developer.
5.3 Support for original and amended proposals
§ No letter in
support of the original and amended application was received.
6. TECHNICAL OFFICERS COMMENTS
6.1 Building and
Construction Issues
No objections are raised to the application in
relation to building issues subject to conditions should approval be granted.
6.2 Environmental Health
Issues
Council’s
Environmental Health Officer advises as follows:
Key Issues
Land Contamination:
The subject land covers an area of 8041 m2 and is
currently occupied by car parking facilities, tennis courts, clubhouse and
associated driveway. The land has been subject to a range of previous uses,
aerial photographs show that in 1951 the site was a vacant, undeveloped parcel
of land surrounded by low to medium density residential land use to the north,
south and east and commercial land use to the west. Since that time car
parking facilities, tennis courts, clubhouse and associated driveway have been
developed on the site.
A Preliminary Environmental Site Assessment (Report
No: SO3134-B SK:SK) has been undertaken by Brink & Associates and submitted
to Council. Review of this document reveals the following:
· Based on the cut and fill activities that appear to
have taken place on-site to facilitate development of the land, there is the
potential for the presence of imported fill material on-site which may have
originated from a contaminated source. As such there is the potential for such
contamination to have an impacted the surrounding subsurface.
· There is the potential for contamination of the
subsurface as a result of run-on of contaminated surface water from up gradient
areas.
· As a result of the relatively high permeability of the
underlying Quaternary sediments, together with the gradient of the site, should
contaminated surface water flow on site, there is the potential for rapid
migration of contaminants.
· The Preliminary Environmental Site Assessment
concludes that there is limited potential for contamination of the subsurface
within the site located at 68-76
Wentworth Street, Randwick.
While it is noted that Brink & Associates consider
it most likely that the material cut from the Site may have been used to fill
elsewhere on site, thereby negating the need for the use of imported material,
Randwick Council requires further validation that the site is fit for its
intended use. It is therefore necessary to verify that the land is suitable
for the proposed development, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979, SEPP 55, Contaminated Land
Management Act 1997 and Council’s Contaminated Land Policy 1999.
A condition will be imposed to this effect and the appointment
of an independent accredited site auditor will be required.
Acoustics.
The proposed development will create acoustic issues
including noise experienced within the residential units from traffic, plant
& equipment. The issue of acoustics has not been addressed by the
applicant.
A condition will be imposed asking for an Acoustic
Report to be submitted to Council.
6.3 Landscape Issues
|
Council Department of Assets and Infrastructure
Services advises as follows:
|
Landscape Comments
Council’s
Landscape Technician and Tree management Officer have considered the most
recent landscape plan submitted for the above site, (drawing number LA01
Revision C), and they advise/recommend as follows:
Trees 7, 9
and 10 have been incorrectly identified on the landscape plan, these trees are
Eucalyptus citriodora (Lemon-scented Gums).
1. There are several trees
within the site that are of significance within the Randwick LGA. These provide an important habitat and food source to local
native fauna and also provide a link to Centennial Parklands. As such, the
retention of as many trees as possible is a priority. Given that a large number
of these trees are located in close proximity to proposed basement car park
areas, tree protection bonds will be required to be placed.
2. The landscape plan, LA01,
revision C, dated 16.06.03, drawn by Taylor Brammer Landscape Architects Pty
Ltd, shows the following:
a) Trees numbered 3, 5-8, 9a,
10, 15, 18, 27-29, 30-31, 33-36, 50, 52, 57 and 66-72 are shown to be retained on
the plan and are detailed to be retained in the approved Amended Master Plan
for this site, dated August 2002, and shall be protected as part of this
application.
b) Trees numbered 4, 9, 11-12,
19-26, 31A, 38-41, 44-45, 46A, 51, 53-54, 60, 60A-C, 61-62, 62A, 63, 63A-C and
64-65 are shown to be removed on the plan and are detailed to be removed in the
approved Amended Master Plan for this site, dated August 2002. Permission
should be granted for the removal of these trees. Ten (10) large replacement trees
will be required to be planted within the site.
c) Trees numbered 13-14 are
shown to be removed on the plan to allow for the proposed change in driveway
location as per the approved Amended Master Plan for this site. Permission
should be granted for the removal of these trees. Two (2) large replacement
trees will be required to be planted within the site.
d) Trees numbered 2, 29A, 32,
32A, 37, 49, 55-56 and 58-59 were shown to be retained in the approved Amended
Master Plan, however, given that they are either in poor condition or are not
considered to be significant within the City of Randwick, permission should be
granted for their removal. Should the applicant wish to retain these trees,
Council would not object.
e) Tree number 46b is shown for
retention on the plan and in the approved Amended Master Plan, however, this
tree is considered to be inappropriate for its proposed location within a
private courtyard. As such permission should be granted for the removal of this
tree, subject to the planting of one (1) large replacement tree within the
site.
f) Trees numbered 15-18 are
shown to be retained on the plan, however the approved Amended Master Plan
showed them for removal to accommodate for the proposed change in driveway
location. A fax submitted by Candalepas Associates, dated 11th July
2003, states that the proposed driveway will sit on the existing ground line
adjacent to these trees before grading down to the basement car park. Given
this amendment, it is considered that these trees can now be retained as part
of this application.
g) Trees numbered 1, 16-17,
42-43, 46 and 47-48 are shown to be retained in the landscape plan. As such
they should be retained and protected as part of this application.
A fax
received from Canadalepas Associates, dated 11th July 2003, states
that the amended stormwater drainage concept plan has a layout so that
detention tanks and lines no longer come within the root zones of these trees.
This is not the case as the amended plan, Drawing no. HY-01, Issue A, dated 11
February 2003 and received 11/7/2003, titled ‘Stormwater Drainage and Detention
Details’ shows proposed stormwater drainage lines, pits and on site detention
tanks running within 0.5 - 1.5 metres of trees numbered 1, 16-17, 42-43, 46 and
47-48. This is considered too close for the trees to be retained in good
health. It is recommended that these plans be amended to allow for the
retention of these trees. A condition requiring submission of drainage details
showing the drainage network relative to the trees to be retained has been
included in this report. The applicant must demonstrate to Council that the
drainage network will not adversely impact on the long-term health and
stability of the trees.
Threatened Species Comments
The applicant has submitted a Threatened Species
Assessment with the development application, (assessment report dated June 2003
prepared by Conacher – Travers). The assessment concludes that “the proposed
development is not likely to have a significant effect on threatened species, endangered
ecological communities or their habitats” and, based on the field survey
details and information provided in the assessment report, the DAIS does not
dispute the above conclusion.
6.4 Drainage Issues
Council
Department of Assets and Infrastructure Services advises as follows:
On site stormwater detention is required for this
development.
The
applicant should undertake sufficient geotechnical investigation to determine
if the proposed development would have any affect on, or be affected by, the
existing groundwater conditions.
As the above site may be present within a fluctuating water table
and/or affected by
the movement of seepage water any basement
carpark or similar structure may need to be suitably tanked and waterproofed.
6.5 Waste Management
Issues
Council Department of Assets and Infrastructure
Services raises advises that prior to lodging the construction certificate for
building works the applicant will submit to Council for approval of a Waste
Management Plan that details the proposed method of storage and collection of
all waste. Further, all waste/recycling bins will be required to be presented
to Dangar Street and/or King Street for collection, no collection of bins will
be undertaken in Tram Lane
6.6 Traffic/Parking Issues
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Council
Traffic Engineer advises as follows:
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All new
walls adjacent to vehicular crossings must be lowered to a height of 600mm
above the internal driveway level or splayed 1.5 metre by 1.5 metre so that a
driver of a stopped vehicle 2 metres behind the street boundary line can
observe pedestrians up to 2 metres from the crossings. Details are to be
submitted to the Certifying Authority prior to the release of the construction
certificate showing compliance with this condition.
The EPCD
Department is to determine whether the internal driveway gradients comply with
Council's DCP - Parking.
The
internal driveway accessed from Dangar Street is suitable for 2
way traffic and complies with Council’s DCP – Parking and the relevant sections
of AS 2890.1-1993 and RTA guidelines.
The internal
driveway accessed from King Street is 3.5 metres wide at the King Street alignment and whilst this width complies with Council’s DCP –
Parking and the relevant sections of AS 2890.1-1993 and RTA guidelines, it is
at the lower end of the acceptable range. The driveway width has been reduced
to that suitable for only one way traffic movement to minimise any adverse
impact on the established trees located to the west of the driveway. Subject to
Council imposing conditions requiring the installation of traffic indicators
along the driveway, (aimed at minimising the potential for vehicle conflict)
and given that the internal driveway is relatively flat for the first 15 metres
from the street alignment, (this improves sight distance for both
entering/exiting vehicles), the DAIS believes that the proposed driveway is
supportable.
Parking
Comments
The parking
requirement as per Council’s DCP-Parking is:
2*1 = 2
26*1.2 = 31.2
37*1.5 = 55.5
Visitor spaces = 65/4 = 16.3
The total
number of spaces required is therefore 105 and the applicant has provided a
total of 123 spaces, (Note: carspaces A15, A16, A27 and A28 are suitable for
small vehicles only).
The application is clearly supportable on parking
related issues however conditions requiring the applicant to demonstrate that
circulation aisles and parking space dimensions comply with AS 2890.1-1993
together with identifying parking space allocations have been included within
this report.
Road
Widening / Splay Corner Comments
Road Widening
Comments
The development site was the subject of a formal prelodgement
meeting and the applicant was advised of the following with respect to
dedication of land along the tram lane site frontage for road widening
purposes, (the road widening will facilitate construction of a 1.2-1.3 metre
wide concrete footpath and kerb and gutter in Tram Lane).
The applicant shall, at no cost to Council, dedicate a minimum
0.75metre wide strip of land along the Tram Lane site frontage for road widening purposes.
Splay Corner
Comments
The applicant shall dedicate splay corners for road
widening purposes at all intersections. Typically the splay corners required
will be 3metre by 3 metre at the King Street-Wentworth Street intersection;
3metre by 1.5 metre at both the Wentworth Street-Tram Lane and Dangar
Street-Tram Lane intersections. Minor variations to the splay corner dimensions
could be approved if the outcome was a better design solution.
The master plan for this site was considered by
Council’s Traffic Engineer and detailed comments were provided, (see copy of
the DAIS master plan report attached). The Traffic Engineer’s report concluded
that the application was supportable with the imposition of conditions relating
to the construction of traffic calming measures and a review of the parking
layout. The significant portion of the subject traffic report is as follows:
Peak hour
traffic volumes indicate that approximately 200 vehicles/hour travel along Dangar
Street and 270 vehicles/hour in King Street. The development will add 12
trips/am peak on Dangar Street and 22 trips/hour on Wentworth Street. These
roads can accommodate the increase in traffic.
In order to
manage the increased vehicular and pedestrian traffic it is considered
appropriate that the development provide for the installation of traffic
calming measures in Dangar Street and King Street.
Traffic
Calming
Traffic calming measures are to be installed in
vicinity of the site with details to be submitted with the Development
Application. Local residents have expressed concerns regarding speeding
vehicles in the roads fronting the development. A reduction in vehicular speeds
will reduce noise levels and promote driver behaviour consistent with the
surrounding residential environment.
The following
measures should be considered:
· The installation of a roundabout at
the King Street/Dangar Street intersection.
· Definition of parking lanes on Dangar
Street by line marking. This must cater for cyclists, as Dangar
Street is a designated cycle path.
The
development application varies from the approved master plan in that the number
of units has been increased from 60 to 66 and the vehicular entry/exit points
are confined to King Street and Dangar Street, (no
entry/exit point in Wentworth Street). The average traffic generation for the proposed
residential development will be in the range of 280 to 340 vehicle movements
per day.
The expected peak flow volume of approximately 34
vehicles per hour, (approximately 11 vehicles in Wentworth Street and 23
vehicles in Dangar Street in the morning peak), can be accommodated by the road
network surrounding the development site and the development is unlikely to
have a significant impact on the level of service of the intersections or the
road network surrounding the development site.
6.7 Heritage Issues
Council’s
Heritage Planner has assessed the amended proposal and has provided the
following comments.
The subject
site is adjacent to North Randwick Conservation Area which
extends in a northerly direction to the edge of Centennial Park.
Clause 46 of Randwick LEP 1998 requires Council, when determining an
application on land in the vicinity of a heritage conservation area, to take
into consideration the likely affect on the heritage significance of the heritage
conservation area.
To the
north of the site, within the North Randwick Conservation Area,
development comprises predominantly single storey detached and semi-detached
cottages. Immediately to the north, on the opposite side of Tramway Lane, due
to the fall from Wentworth Street to Dangar Street, many Wentworth Street
dwellings have a two storey scale to the rear, while single storey Dangar
Street dwellings are considerably elevated above the street.
The
proposal is for medium density housing in the form of three residential flat
buildings with basement carparking below. The residential flat buildings vary
in height from 2-4 levels, over three separate basement car parks, each having
separate vehicular access. A model was been submitted with the original
proposal.
According
to the Statement of Significance for the Conservation Area contained in
Council’s draft Development Control Plan, “… the heritage value of the area
largely derives from its Federation and Inter-War housing, its predominantly single
storey scale, face brick construction, dominant state and terracotta tiled
roofs, and well established cultural plantings. The mixed building stock adds
to the area’s interest ranging from larger Federation houses on Darley
Road to small semi-detached on Dangar Street. …”
In relation
to the scale of the proposal, it is noted that the Built Form Controls embodied
in the 2D zoning require the height of buildings adjacent to Dangar
Street and Tramway Lane to be of a generally two storey
scale. My previous memo raised concerns that the proposal has an apparent
three storey scale to sections of Tramway Lane and Dangar
Street. It was considered that the proposed buildings adjacent to the
conservation area would have an apparent scale of three storeys which may which
will detract from existing one and two storey dwellings. The applicant has now
submitted a SEPP 1 objection to the height standard contained in the LEP for
the site.
Along Tramway Lane, Dangar Street and Wentworth
Street, the proposal provides considerable bulk
within the roof articulation zone. The sections indicate that the windows to
the floor space provided in the roof volume are set back around 2m from the
building line of the lower levels, while the roof itself will have an overhang which
lines up with lower level building line. It is noted that the wall heights of
the building generally comply with the wall height control in the LEP and it is
considered that the sectional treatment of the roof articulation zone will be
sufficient for the roof plane to dominate over the wall plane in this area. It
is noted that both the lower levels of the building and the roof articulation
zone are considerably broken up in terms of façade treatment reducing the
apparent scale of these buildings. It is considered that the amended drawings
and additional information which has been submitted generally address the
previous concerns which were raised in relation to heritage impact.
7. MASTERPLAN
REQUIREMENTS:
A Master Plan for multi-unit housing was adopted by
Council on 9 April 2002 subject to a number of variations and requirements for
submission of future development applications. The requirements of the Master
Plan are assessed in Section 10.3 below.
8. RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS
The Development application has been assessed in accordance
with the provisions of the following relevant planning documents:
8.1 Randwick
Local Environmental Plan 1998
Under the
Randwick Local Environmental Plan 1998 (Amendment No. 31), the subject site is
zoned Comprehensive Development 2D. The proposed development is permissible
with Council’s consent in the zone. The following Clauses of the LEP 1998 apply
to the proposal.
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Clause No.
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Requirement
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Provided
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Compliance
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31 – Landscape Area
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Min. 60 % of site area
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64 % of site area.
(5172m2)
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Yes
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32 – FSR
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Max 0.8:1
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Max 0.8:1(6430m2)
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es
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33 – Building Height
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Max building height of 9.5m
and max wall height of 7m (for a distance of 20m from the site boundary) for
sections of buildings fronting Dangar
Street and Tramway Lane.
Heights of the northern section of any building fronting Tramway Lane
to be measured from the existing ground level along the boundary of Tramway Lane.
Ground floor level of
western section (for a distance of 20m from the site boundary) of any
buildings fronting Dangar Street not to exceed RL 47.5 and maximum building height
not to exceed RL56.
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Max wall height of Building
A – 8m Building B - 11m (part only).
Max Building height of
northern section of Building A – 9.5m
Building B – 11.4m (part
only)
Ground floor level = RL
47.26 and roof = RL 56.
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No (SEPP No. 1 submitted -
see Section 10.1.2.1 below)
Yes
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8.2 State
Environmental Planning Policy No. 11 (Traffic Generating Development)
SEPP 11 divides development into a two categories
(Schedules 1 and 2) which, depending on their size and anticipated impacts, are
required to be referred to the relevant Traffic Authority (ie., the Sydney
Regional Development Advisory Committee (SRDAC)) for comments. The proposal
will have a total of 65 dwelling units, which is less than the criteria for
referral under Schedules 1 and 2. Accordingly, the proposal does not need to be
referred to the SRDAC for comments.
8.3 State Environmental
Planning Policy No. 32 – Urban Consolidation
SEPP 32 aims to promote the development of land by
enabling urban land which is no longer required for the purpose for which it
currently is zoned or used, to be redeveloped for multi-unit housing and
related development, and to implement a policy of urban consolidation where a
diverse range of housing types is to be developed in urban localities close to
existing transport, employment and community facilities.
The proposal
involves the reuse and redevelopment of surplus land on University of NSW land
for multi-unit housing. The proposal is consistent with an adopted Master Plan
that will primarily introduce a range of housing types thus increasing the
availability of housing in the locality close to existing transport and community
facilities.
The
development is consistent with the provisions of SEPP 32.
8.4 State Environmental Planning Policy No. 55
(Remediation of Land)
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SEPP 55 aims to promote the remediation of
contaminated land for the purpose of reducing the risk of harm to human
health or any other aspect of the environment. Clause 7 of the Policy states
that a consent authority must not consent to the carrying out of any
development on land unless:
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(a) it has considered whether the land is contaminated, and
(b) if land is contaminated, it is satisfied that the land is
suitable in its contaminated state (or will be suitable after remediation) for
the purpose for which the development is proposed to be carried out, and
(c) if the land requires remediation to be made suitable for
the purpose for which the development is proposed to be carried out, it is
satisfied that the land will be remediated before the land is used for that
purpose.
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In accordance with Council’s
Contaminated Land Policy 1999, the applicant has provided a preliminary site
contamination analysis indicating that the historical use of the site has
been primarily for residential/recreational use and that there is potentially
no contamination of the site. Council’s Environmental Health Officer has
assessed the report and advises that further validation of the site is
required and conditions should be imposed requiring a site audit statement to
be imposed prior to a construction certificate being issued.
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8.5 State Environmental Planning Policy No. 65 – Design
Quality of Residential Flat Development
SEPP 65 sets
out design quality principles for residential flat buildings, which must be
taken into consideration by a consent authority. The design quality principles
relate to general approach, context, scale, built form, density, aesthetics,
amenity, resources, energy and water efficiency, social dimensions and safety
and security.
As required
under SEPP 65, the application has been referred to the Interim Urban Design
Review Panel whose comments have been included in the amended proposal (see
Section 10.4 below). The amended proposal has incorporated advice given by the
Panel and appropriate reference has been made in the submission to the design
quality principles of SEPP 65 which are in turn reflected in the layout, design
and façade treatment of the proposed development, its scale and proportion, and
visual presentation in the streetscape (see Section 10.4 below).
9. POLICY
CONTROLS
9.1 Development Control Plan – Car Parking
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Number of car parking spaces:
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USE
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REQUIREMENT (DCP – Parking)
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PROPOSED NUMBER AND/OR FLOOR AREA
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REQUIRED PROVISION
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PROPOSED PROVISION
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Residential
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1space per one bedroom dwelling
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2 x one bedroom dwelling
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2 spaces
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107 residential carspaces
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1.2 spaces per two bedroom dwelling
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26 x two bedroom dwellings
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31.2 spaces
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1.5 spaces per three bedroom dwelling
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55.5 spaces
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Visitor:
1 space per 4 units
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Total dwellings = 65
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16.2 spaces
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16 spaces
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TOTAL
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104.9 spaces
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123 spaces
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10. ENVIRONMENTAL ASSESSMENT
The
site has been inspected and the application has been assessed having regard to
Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.
10.1 Statutory Controls
10.1.1 Randwick Local Environmental Plan 1998
The proposal
is permissible under the Residential 2D zoning in the Randwick LEP 1998.
10.1.1.1 Height
The proposed
development does not comply with Clause 33(2) of the Randwick LEP 1998
(Amendment No. 31), which allows a maximum building height of 9.5m and max wall
height of 7m (for a distance of 20m from the site boundary) for sections of
buildings fronting Dangar Street and Tramway Lane. Heights of the northern
section of any building fronting Tramway Lane must be measured from the
existing ground level along the boundary of Tramway Lane. The upper levels of
Building B, does not comply with the maximum building height and wall height,
whilst the northwestern corner of Building A at its upper level does not comply
with the maximum wall height requirement.
The applicant has submitted an objection under the
provisions of State Environmental Planning Policy No.1 (SEPP 1) for Council to
consider a variation from the height standard. The stated objectives of the
external wall height control are to set upper limits for the height of
buildings in residential zones that are consistent with the redevelopment
potential of land in the zone given other development restrictions, and have
regard for the amenity of surrounding areas. The applicant argues that strict
compliance with the external wall height control is unreasonable and
unnecessary for the following reasons:
Maximum Overall Height
The
definition of wall height for the purposes of the subject site is contained in
Amendment 23, and states, inter alia:
“building
height means the vertical distance from the highest point on the building to
the ground level and includes ancillary services, installations and works
(including works to conceal and integrate services) unless the Council is
satisfied that they will not adversely affect the amenity of the adjoining or
nearby land.”
The area of
non-compliance occurs in the Tramway Lane frontage, where the
maximum building height is 9.5m.
Block A
fully complies with the building height control. However, the eastern part of
Block B comprises a penthouse level, part of which does not comply with the
building height. This only relates to a portion of the penthouse, given the
topography and the “20m from the site boundary” (see attached plans Issue 1 –
penthouse shown dotted). The non-compliance is between 750mm and 1900mm. In
addition, a small portion of the western part of Block B comprising the
penthouse (unit B18) also result in a non-compliance in the order of 500mm (see
attached plans Issue 1 – penthouse shown dotted). Given the excessive setback
of the penthouse from Tramway Lane, these area of non-compliance
would be barely visible and certainly do not read as past of the building and
streetscape. The areas of non-compliance do not result in any additional impact
to the surrounds and, in any case, comply with the Wentworth Street
height requirement.
In
addition, given the setback of the penthouse from Tramway Lane
and that these areas of non-compliance will be barely visible from the street,
the heritage significance of the Laneway and the streetscape as a whole is not
considered to be affected. The form of the Tramway Lane façade of
the proposed development comprises the main building and not the penthouse
which is substantially setback from this elevation.
It should also
be noted that the proposed development now fully complies with the requirements
relating to floor space ratio (FSR) and landscaped area.
Accordingly,
the proposed development, notwithstanding the non-compliance with the
development standard, will achieve the objective of the development standard.
Maximum Wall Height
The
definition of wall height for the purposes of the subject site is contained in
Amendment 23, and states, inter alia:
“wall
height means the vertical distance from the highest point on an external wall
to the ground level of that wall. Each external wall height measurement must
include gable ends and attic walls with an area of 6m2 and dormer
windows that protrude horizontally from the roof more than 2.5 m2.”
The area of
non-compliance occurs in the Tramway Lane frontage, where the
maximum wall height is 7m.
The majority of Bock A complies with the 7m wall height control.
Indeed, the units A1 to A6 have been lowered to ensure that even the areas
subject to interpretation with the wall height definition (shown shaded in the
attached plan – Issue 1) also comply with the 7m wall height control. Although
it is considered that units A7 and A8 comply with the wall height control, the
upper level of these units may be strictly interpreted as not complying. This
apparent area of non-compliance is essentially part of the roof form, as the
building appears as a two storey building with a contemporary roof structure
above. Notwithstanding the apparent non-compliance, this area contributes positively
to the appearance of the building in providing articulation and visual
interest. This area is unlikely to adversely impact on the amenity of the
heritage conservation of the Tramway Lane residences.
The areas
of non-compliance in Block B relate to the penthouse and a small wedge shaped
area fronting onto Tramway Lane.
In terms of
the penthouse, given the excessive setback of the penthouse from Tramway Lane,
these areas of non-compliance would be barely visible and certainly do not read
as part of the building and streetscape. The areas of non-compliance do not
result in any additional impact to the surrounds and, in any case, comply with
the Wentworth Street height requirement. In addition, given the
setback of the penthouse from Tramway Lane and that these areas
of non-compliance will be barely visible from the street, the heritage
significance of the Laneway and the streetscape as a whole is not considered to
be affected. The form of the Tramway Lane façade of the proposed
development comprises the main building and not the penthouse which is
substantially setback from this elevation.
In terms of
the wedged shaped area on Block B, this is a minor non-compliance resulting
from the topography of the site (see attached elevation for Tramway Lane
– Issue 1). The area of non compliance is not likely to result in any adverse
impact on the surrounding areas not the streetscape and heritage significance
of Tramway Lane. If Bock B was reduced in height to comply with
the height limit, this would result in a stepped façade with is not desirable
from an urban design point of view, given the form of the building. Given the
minor nature of the area of non-compliance and the overall design of the
proposal, the development is considered to achieve the objectives of the zone
and the development standard.
The
proposed development as a whole is of a height size and bulk which is generally
in keeping with the existing development in the surrounding locality and is
compatible and consistent with the form of development envisaged by the master
plan. The proposed building has been designed to break up the building mass and
provide an appropriate articulation of building form. This is well illustrated
on the street perspectives and model submitted with the application.
The amenity
of adjoining development has been given detailed consideration in the design of
the development with great care taken to minimise overlooking, overshadowing
and view loss. This has been addressed in detail in the Section 79C Assessment
of the proposal in the submitted Statement of Environmental Effects.
The proposed development is consistent with the objective of the
standard in that it now complies with the floor space ratio (FSR) and
landscaping requirements of Council’s LEP. It is considered that the proposed
area of non-compliance will not adversely impact upon the privacy or amenity of
adjoining development. The preservation of privacy has been achieved by design
elements such as the orientation of units and their location respective to the
fall of the land and the location of windows and living areas.
Accordingly,
the proposed area of non-compliance with the maximum wall height is minor and
is not likely to adversely affect the surrounding properties in terms of loss
of amenity.
The
Department of Planning’s ‘Guidelines For the use of State Environmental
Planning Policy No.1’ (refer DOP Circular No. B1) states that:
“As numerical standards are often a crude
reflection of intent, a development which departs from the standard may in some
circumstances achieve the underlying purpose of the standard as much as one
which complies. In many cases the variation will be numerically small and in
other cases it may be numerically large, but nevertheless be consistent with
the purpose of the standard….
“In
deciding whether to consent to a development application the Council should
test … whether the proposed development is consistent with the State, regional
or local planning objectives for the locality, and in particular the underlying
objective of the standard.
If the
development is not only consistent with the underlying purpose of the standard,
but also with the broader planning objectives of the locality, strict
compliance with the standard would be unnecessary and unreasonable.”
The underlying
purpose of the height standards along the Tramway Lane frontage of the proposed
development is to ensure that the scale of any new buildings on the site are
compatible with the scale of existing development within the adjoining
conservation area. The area of non-compliance occurs at the upper levels of
Building B (Units B18 & B22) and at the upper level of Building A (attic
spaces of Unit A7 & A8) at its north western corner.
The applicant
has designed an innovative roof form, which provides visual interest whilst
incorporating useable floor space in the area identified as the roof
articulation zone in the approved master plan. The terrace units in the
northern wing of Building A which front Tramway Lane maintain a 7m height and
comply with the overall building height as measured from the level of Tramway
lane. The proposed attic spaces within these terraces are substantially
disguised behind a highly articulated roof form and do not present as
additional levels to Tramway lane.
The additional
floor space within the upper attic level of the north western section of
Building A results in a non-compliance of 1m with the maximum wall height
requirement. This level is setback from the face of the elevation below and is
secondary to the expression of the building’s roof plane in terms of its
visibility. It should be noted that the western section of Building A (which
includes this upper level) complies with the overall height requirement as
stipulated in the adopted master plan.
The upper
levels of Building B also result in a numerical non-compliance with the height
requirement. The adopted master plan provided for a continuous built form along
Building B’s frontage to Tramway lane. The proposed development now allows for
punctuation in the built form providing visual relief and an improved
relationship with the adjoining conservation area. This recess also allows for
high proportion all dwellings within this building to be cross ventilated
resulting in a higher standard of development and better amenity for its occupants.
As with Building A the upper levels of Building B are incorporated within an
articulated roof plane that will dominate over the wall plane and are setback
from the lower levels. It is considered that these upper levels are acceptable
in urban design and heritage terms given that they are setback approximately
beyond the building line of the lower levels and a considerable distance from
the Tramway lane boundary. Unit B18 is setback 2m from the level below and 14m
from Tramway Lane whilst Unit B 22 is setback 5m from the level below and 12.5m
from Tramway Lane. As such they will not be prominent in the streetscape or
have an overbearing impact on the conservation area. It should also be noted
that the upper level penthouse unit at the eastern end of Building B is partly
situated in the master plan Envelope that allows a 12m maximum overall height.
A
measure as to the suitability of the development is the extent of impact to
adjoining properties in terms of overshadowing and loss of privacy. The
additional height of the proposal will not result in excessive overshadowing
impacts to adjoining properties during the midwinter period. The north-south
orientation of the site results in the main overshadowing impact Buildings A
& B occurring within the confines of the site.
The
height non-compliance of the development is not expected to result in
significant impacts on visual and acoustic privacy for surrounding dwellings.
The proposed setbacks in conjunction with screen planting and fixed privacy
devices to the building will protect the visual & aural privacy of
surrounding residents.
The
proposed development meets the stated and underlying objectives of the height
standards. As such it is unnecessary and unreasonable to enforce the height
standards in this case. It is considered that SEPP 1 objection is well founded
and should be supported.
In
relation to the streetscape presentation of the buildings in terms of their
height to the street frontages of the site, Building’s B & C will comply
with the 10m wall height and 12m overall height. The western elevation of
Building A complies with the overall height requirement in the Master plan but
exceeds the wall height requirement due to the proposed attics within the roof
zone. The areas of non compliance are articulated within the roof form and
setback from the level below reducing their apparent scale.
The
maximum height of the southern wing of Building A exceeds the height in the
adopted master plan by 1.9m at its south eastern corner. Whilst Units A17 – A
20 exceed RL 57.6 by 280mm to 1.9m the remainder of units to the western end of
this wing are lower than the height indicated in the master plan. The maximum
height of the southern wing of Building A would also be only 600mm higher than
the maximum height of the adjoining townhouse development to the south.
Further, given the sloped roof form, the maximum height of Units A17-20 occurs
at their northern elevation, which has a setback of approximately 24m from the
southern boundary, and as such the perceived scale of the southern wing of
Building A is significantly reduced. It is considered that the height of this
wing will be compatible with the height of the adjoining townhouse development
and does not result in any adverse amenity impacts in terms of overshadowing
and privacy.
Overall
it is considered that the proposal is compatible in height with neighbouring
buildings and the predominant scale of buildings in the locality.
10.2 Policy Controls
10.2.1 Development Control
Plan - Parking
The proposal
will comply with the required 105 car spaces under the DCP – Parking as it will
provide 123 basement car spaces. The vast majority of car spaces comply with
the DCP’s minimum dimensions. However car spaces A15, A16, A27 and A28 are
suitable for small vehicles only and will designated accordingly. The proposal
will have 6m – 6.2m wide aisles widths, generally complying with the 6.2m wide
aisles width requirement of the DCP. Variations from the required width are
considered minor and the application of turning templates to the car parking
plan indicates that there will be adequate turning area for cars to access
parking spaces from the proposed aisles. Notwithstanding a condition will be
included requiring applicant to demonstrate that circulation aisles and parking
space dimensions comply with AS 2890.1-1993 together with identifying parking
space allocations so that the visitor spaces are designated a such and
distinguished from the resident spaces.
10.2.2 DCP – Multi Unit Housing
Many of the objectives and performance requirements
of the DCP have been incorporated in the adopted master plan in terms the
design principles that have influenced the built form. It is considered that
tee proposal satisfies the objectives and performance requirements of the DCP –
Multi Unit Housing.
10.3 Master Plan
The Master
Plan for the subject site was adopted on 9 April 2002 subject to a number of
matters being addressed in a revised Master Plan and subsequent development
applications for the subject site. A revised Master Plan consistent with the
required amendments was received by Council on 7 June 2002. In addition, all necessary matters have been addressed in the current development application.
It is important to note that the Land & Environment Court has previously held
that “it is not necessary in any particular case for a development to be
consistent in every detail with the provisions of a master plan. The consent
authority must be satisfied that the development as proposed will not be
antipathetic to, and that it pays due regard and responds to the adopted design
and planning principles envisaged by the master plan.” J. Talbot Commonwealth
of Australia v Randwick City Council NSW LEC 276.
The variations
to the heights of buildings under the adopted master plan have been discussed
previously. The other areas where the proposed development varies from the
detail of the adopted master plan is set out below:
· Dwelling Numbers
The
development application proposes 65 dwellings, 5 more than is indicated in the
adopted master plan. The original dwelling numbers were detailed in the
numerical overview table in the master plan document and were for indicative
purposes. It is not considered that the variation in the numbers of dwellings
is significant given that the proposed development substantially conforms to
the envelopes contained in the master plan, complies with the FSR and
landscaped area requirements of the LEP and provides for more than the required
number of car spaces. As such, it is considered that the proposal is
commensurate with the redevelopment potential of the site envisaged under the
master plan.
· Setbacks
The proposal
is generally consistent with the proposed boundary & articulation zone
setbacks. However, the separation distance between the north and south wings
of Building A have been reduced to a minimum of 11.5m at ground level and 10m
at first floor level due to the inclusion of central courtyards within the
footprint of the terraces. It should be noted that some sections of the two
wings achieve a separation distance of up to 18m. The proposed separation is
considered adequate to ensure appropriate levels of acoustic and visual privacy
and solar access. Given that the central courtyards within the terraces add
another dimension to the functionality and internal amenity of the spaces
within the terraces, it is considered that the variation is an acceptable
trade-off.
· Driveway to Wentworth
Street
The driveway entrance to Wentworth Street indicated
in the master plan is proposed to be deleted under the subject development
application. The increase in vehicular movements in Dangar and King Street are
not significant and as such it is not considered necessary to require a further
vehicular access from Wentworth Street.
The above
variations are considered minor and not antipathetic to the design and planning
principles articulated in the adopted master plan.
10.4 Urban Design
Objections
have been raised to the design and external presentation of the proposal and
its relationship to the adjoining heritage conservation area. The design and
scale of the proposal respects the heritage significance of the conservation
area to the north. Accordingly, the proposal will have an articulation
comprising regularly spaced bays with varied window dimensions and openings
that are set in a combination of sandstone veneer, split faced concrete block
work and rendered brick and softened by warmer material such as timber eave
soffits and timber framed glazing and screen doors. The proposed combination of
materials and finishes will add layers of interest to the façade. An innovative
roof form is also proposed that integrates the overall composition and
expression of the building whilst allowing useable floor space within its
structure. This built form will be suitably modulated into regular sections or
bays to break any potential bulk in each building block and achieves the intent
of the articulation zone in the master plan. Building A will have a stepped
roof form running east-west (in line with the gradient of Tramway Lane) with
each unit having a further sloped form roof north to south giving the proposal
a distinct quality. In addition, each dwelling in the winged sections of
Building A will each have internal courtyards which will enhance the amenity of
these dwellings. The western wall of the basement car park of Building A will
protrude approximately 1.8 above the finished ground level. Given the 8m
setback from Dangar Street and the landscaping within the courtyards in this
area the prosed height will not detract from the streetscape contribution of
the building.
The
higher building blocks (Buildings B and C) will be located towards the Wentworth
Street and King Street frontages of the site where neighbouring development
is predominantly multi-storey housing development.
The
facades of the proposed buildings have designed to reduce their apparent scale
and respond to the building’s use and contextual character. The facade
composition exhibits a balance of vertical and horizontal elements which
provide symmetry to the buildings and clearly define a base middle and top. The
facades have also been articulated into different sections in cohesive manners
that give the appearance of an assembly of individual masses avoiding a bulky
presentation.
Overall,
the design of the proposal is considered sympathetic to the character of
locality and in particular the adjoining heritage conservation area. In regards
to the latter, it should be noted that new developments adjoining a heritage
conservation area should not be expected to mimic existing buildings in the
area but should establish an appropriate contemporary design which complements
the character of the area and achieves a positive visual relationship.
Under the provisions of SEPP 65, an Interim Urban
Design Review Panel has reviewed the Master Plan and has provided the following
comments (with Council’s comments attached in brackets where relevant):
“1. Context
The massing of the Scheme is considered to work in its context.
Retention
of a high number of trees commended.
2. Scale
Scale well
modulated.
Height of
buildings to Wentworth Street could be raised so that basement
levels are not below street level. There seems to be room to move within
maximum master plan heights.
Council’s
comments:
The Panels
concerns regarding the amenity of the dwelling units below the Wentworth Street
level are noted. However, the internal amenity objectives of SEPP 65 must be
balance against the streetscape objectives of the master plan. Given that a
reasonable level of solar access is provided to these dwellings, it is
considered preferable to minimise the height of these buildings.
3. Built Form
This
was considered by the Panel to be well resolved.
4. Density
Satisfactory.
5. Resource,
Energy, Water Efficiency
Generally
good cross ventilation.
6. Landscape
Concern
over retention of existing trees adjoining driveway of Block C, given
excavation for car park ramp. Consider providing greater setback from trees to
ensure long term health and survival.
Council
comments:
Council’s
Landscape Technician has assessed the proposal and has imposed conditions to
ensure the long-term health of the trees in this location.
The Public
footpath on Tramway Lane should be wider.
Council
comments:
The applicant will be required, at no cost to
Council, to dedicate a minimum 0.75 metre wide strip of land along the Tramway
Lane site frontage for road widening purposes to facilitate construction of a
1.2-1.3 metre wide concrete footpath and kerb and gutter in Tramway Lane.
7. Amenity
The Panel
has visual and acoustic privacy concerns over the separation of units and the
proximity of bedrooms at the western corners of the Block A courtyard and the
consequent reduction in quality of this important central space.
Council
comments:
The applicant has achieved a minimum separation
distance of 11.5m at ground level and 10m at first floor level, which is more
than the accepted minimum standard of 9m.
Cross
sections should be provided to clarify the proposed design and the extent of
solar access to courtyard spaces.
Consider
relocating rear bedrooms to the proposed loft areas to increase the width of
the central courtyard.
Council
comments:
This would add
to the height of the buildings and would be inconsistent with the intent of the
master plan
Consider
raising buildings to Wentworth Street to improve sunlight to
ground floor units.
8. Safety & Security
See comments on courtyard to Block A.
9. Social Dimensions
Concern, as
set out above, over the size, overlooking, solar access and general amenity of
the central courtyard to Block A.
10. Aesthetics
Well considered.
11. Conclusion
Panel complimented the high
level of design quality.
Panel indicated specific areas
where improvements should be investigated;
· Courtyard Building
· Apartments below street level
· Footpath to Tramway Lane
· Minimising excavation to better
protect retained existing trees.”
The
architectural plans submitted with the application indicate the use of a
combination of material and finishes. However, it is considered that more
specific details are required of all elevations on which the colours, materials
and finishes would be applied. A condition will be applied requiring more
details of the colours, materials and finishes in relation to the proposed
elevations of the buildings as a deferred commencement condition. Similar
details will also be required for all boundary fencing around the site.
Notwithstanding the submission of the above
details, the proposal represents a well designed development that will make a
positive contribution to its urban context.
10.5 Heritage
Council’s Heritage Planner has assessed the proposal and
considers that it is generally compatible with the scale of buildings in the
adjacent conservation area and will not diminish it significance.
The proposed terraces within the northern wing of Building A that front
Tramway lane will comply with the maximum height requirement 9.5m above the
level of Tramway Lane minimising their perceived height in relation to the
conservation area. In relation to the upper levels of Building B and the
north wester section of Building A, these levels have been setback from the
building line of the levels below and in conjunction with the roof plane and
glazed treatment to the walls will recede into the roof structure and not
become dominant in the streetscape.
The massing, proportions and detailing of the
proposed contemporary buildings at the interface with the conservation area do
not compete with architectural qualities of the area. The lower sections of
Buildings A & B are articulated in a combination of sandstone, split face
concrete and render concrete finishes interspersed with timber and glazing
treatments. The proposal is also was designed with an innovative zincalume roof
form which provides a focal edge to the buildings whilst still allowing for
useable space within in its structure.
Overall it is considered that the proposed development is
sympathetic to the aesthetic significance of the heritage conservation area and
will form an appropriate visual link in the streetscape.
10.6 Landscaping and pedestrian access
The proposal
provides a total landscaped area of 5172 sqm
which corresponds to 64% of the site area, thereby complying with the
requirements if the LEP.
Council’s
Landscape Technician has assessed the proposed landscaping plan and tree survey
and has recommended that conditions be imposed to ensure the long tern health
of the significant trees on the site. Further, given that a large number of
these trees are located in close proximity to proposed basement car park areas,
tree protection bonds will also be required by condition of consent. The
landscape design contributes to the site’s particular and positive context by
retaining a significant number of the exiting trees on the site that also
soften the bulk of development. The large private communal open space area
between Buildings B & C will optimise useability & social opportunities
on the site and is accessible to all residents within the development.
A number of
tress that are proposed to be retained, were identified by Council’s Landscape
Technician as being in poor condition or are not considered to be significant
within the City of Randwick, and as such has granted permission for their
removal. However given that the applicant wishes to retain these trees, no
objection is raised to their retention. Similarly Tree number 46b
is shown for retention on the plan and in the approved Amended Master Plan,
however, Council’s landscape Technician considers that this tree is
inappropriate for its proposed location within a private courtyard. Whilst it
is located within private courtyard it also contribute to the streetscape and
should be retained.
The Master
plan required that the proposed landscaping along tramway lane incorporate a
combination of evergreen and deciduous planting. A detailed landscaping plan
will be required to be submitted with the other deferred commencement material
in order to ensure that appropriate species and heights are included in the
final development.
The applicant has indicated that pedestrian access
will be provided to the dwellings in Buildings A & B from Tramway lane. The
Residential Flat Design Code which is an umbrella document of SEPP 65 seeks to
promote residential flat development which is well connected to the street and
contributes to the accessibility of the public domain. In order to ensure that
a safe and pleasant walking environment is provided a condition is included in
the recommendation requiring the dedication of a minimum 0.75 metre wide strip
of land along the Tram Lane site frontage for road widening purposes to
facilitate construction of a 1.2-1.3 metre wide concrete footpath and kerb and
gutter in Tramway Lane.
Concern has been raised by objectors to the
development that the provision of pedestrian access from Tramway lane will
result in illegal parking along the lane. Tramway lane currently has “No
Standing” restrictions thereby preventing parking along the lane.
10.7 Impact on adjoining development
10.7.1 Overshadowing
The applicant has submitted shadow diagrams
indicating that at 9.00 am in the winter solstice, overshadowing will occur
predominantly onto Dangar Lane, King Street, the internal landscaped areas of
the proposed development and the ground level courtyards of the adjoining
townhouse to the south. At 12 noon overshadowing from the proposed development
will remain predominantly within the subject site. This overshadowing will
still achieve adequate solar access for internal open spaces within the
proposed development. By 3.00 pm, the proposal will mainly overshadow sections
of Wentworth Street and King Street.
Objections
have been raised by residents in the existing two-storey town-house development
on the adjacent southern property in relation to potential overshadowing. The
adopted Master Plan included a specific requirement that 3 hours solar access
to the ground level areas of the adjoining town house development be maintained
throughout the year. The applicant has provided specific shadow diagrams
indicating the ground level areas of the adjoining town house development will
achieve a minimum of 3 hours solar access on the winter solstice.
Overall, there will be minimal overshadowing impact
on surrounding residential properties from the proposed development.
10.7.2 Overlooking
Concern has been raised by adjoining and surrounding residents
to the potential loss of privacy from upper floor terraces/balconies of the
proposed development. The second storey of Building A will contain only
bedrooms and ensuites with no attached balconies/terraces or living room areas
so that there will be minimal opportunity for overlooking of adjoining
properties. Concern has also been raised to the proposed roof-terrace with
pergolas on Building A. A condition is included in the recommendation requiring
the deletion of these terraces.
The proposal will have balconies linked to lounge rooms on all
upper floors of the proposed Building B and Building C. The balconies on the
east elevation of Building B facing Wentworth Street are not considered to give
rise to overlooking of properties on the other side of Wentworth Street because
of the substantial separation distance between the proposed building and these
existing properties. The east-facing balconies on Building B will wrap-around
and continue along the north and south elevation of Building B. These
wrap-around balconies are not considered to give rise to overlooking because
they are narrow balconies approximately 900mm wide and have a separation
distance of approximately 15 m to the neighbouring residential dwelling.
However in order to ensure a high level of privacy a condition will be applied
requiring timber screens to be applied to the proposed wrap-around balconies on
the north elevation of Building B.
Concern has been raised in relation to potential overlooking
into the rear yards and rear sections of the properties fronting Tramway Lane
from the west-facing balcony of the proposed Unit B18 on level 4 of Building
B. Any potential overlooking from this balcony will occur in an oblique
line of sight to the north-west which will reduce the opportunity for
overlooking. Furthermore, the separation distance between the proposed balcony
and the nearest building on Tramway Lane is well in excess of 10m such that any
potential overlooking will be significantly mitigated. Notwithstanding, a
condition will be applied requiring the installation of appropriate screening
devices along the northern edge of this balcony.
The balconies on the east elevation of Building C facing Wentworth
Street are not considered to give rise to overlooking of properties on the
other side of Wentworth Street because of the substantial separation distance
between the proposed building and these existing properties. Similarly, the
balconies on the south elevation of Building C facing King Street are not
considered to give rise to overlooking of properties on the other side of King
Street because of the substantial separation distance between the proposed
building and these existing properties. Potential overlooking into the rear
section of the existing town house development to the west from the west-facing
balconies of units C22 and C23 on Level 5 of Building C will be mitigated by
setback of 10m and the proposed screen planting along this boundary of the
subject site.
10.7.3 Loss of views
There are some district views currently enjoyed across the
subject site from north-facing dwelling houses on the southern side of King
Street. The proposal may potentially result in some loss of district views to
these dwellings. However, the loss is not considered significant and will be
minimised by the medium scaled nature of the proposed development.
10.8 Traffic and access
A number of submissions have raised concerns regarding the
cumulative impact of traffic from the proposed development and other
developments being planned for in adjoining sites. The adjoining Montefiore
site has an approved aged care housing development which for will provide for
136 carparking spaces. Together with the 130 residential and 60 STA car parking
spaces, cumulatively, there will be a slight increase in traffic in King Street
and Wentworth Street. However, this cumulative increase in traffic and its
impact is not expected to be excessive as the traffic increase does not exceed
the maximum environmental capacity of surrounding roads, that is, the
surrounding roads will continue to operate at the same level of service.
The development applications for the Montefiore site and STA
site were referred to the Sydney Regional Development Advisory Committee
(SRDAC) in accordance with the provisions of SEPP 11 – Traffic Generating
Development. The Committee has raised no objections to both proposed
developments subject to the provision of various traffic management and parking
measures along King and Dangar Streets.
In addition, Council’s Traffic Engineer has advised
that the current peak hour traffic volumes indicate that approximately 200
vehicles/hour travel along Dangar Street and 270 vehicles/hour in King Street.
The development will add 23 trips/am peak on Dangar Street and 11trips/hour on Wentworth
Street trips at peak hour which can be adequately accommodated by the
surrounding road network.
10.9 Social Impact
It is considered that the proposal will increase
the availability of housing and promote the objectives of the zone as well as
the urban consolidation principles contained in SEPP 32. The effect of the
proposal would be to bring more people to the site and the demographic
characteristics of this population are likely to include, single persons or
share households; young couples such as first home buyers; “empty nester”
household; and young families. It is likely that there will be a mix of incomes
amongst residents with some units being owner occupied and others being rented.
The added population will generate additional needs for businesses, employees
and patrons, which will in turn encourage the location of services and
facilities into the area. The increase in density is not considered to generate
an unreasonable demand on the availability of services.
10.10 Ecologically
Sustainable Development
In line with the Local Government Amendment
(Ecologically Sustainable Development) Act 1997, Council requires appropriate
consideration to be given to the principles of Ecologically Sustainable
Development in the assessment of development applications. The proposed
development will be well served by public buses, linking the subject site to
the CBD, Railway Square and Randwick Junction. The introduction of residential
uses close to areas served by good public transport linkages is not only
desirable but also in keeping with an increasing trend towards the promotion of
public transport usage as a primary means of enhancing ecological
sustainability and the reduction of greenhouse gases in the Sydney Region. The
proposal would assist in encouraging the use of public transport in line with
ESD principles.
The proposal incorporates the following features aimed at achieving
thermal performance and an energy efficient development:
§ Passive
solar design-sun controls including architectural features to minimise
air-condition loadings, provision of planting to shade exposed walls, and the
use of shading devices.
§ Energy
conservation through the maximisation of natural light, and the achievement of
Nathers Rating of 3.5 stars for the proposed dwellings.
§ Approximately
90% percentage of dwelling units will be cross ventilated and receive 3 hours
solar access on the winter solstice.
§ Maximisation
of natural ventilation through the use of internal courtyards
A number of
standard condition are also included in the recommendation requiring the
installation of water efficient plumbing fixtures, any hot
water system installed in the development must achieve a minimum greenhouse
score of 3.5 as detailed SEDA’s Energy Smart Homes Policy, and any electric
clothes dryers to be provided in the development must also have a minimum 2
star energy rating. Further, landscaped areas will be required to contain a
predominance of species that require minimal watering once established or
species with water needs that match rainfall and drainage conditions.
|
The
proposal is considered acceptable in relation to Ecologically Sustainable
Development issues.
|
10.12 Construction Management
Concern has been raised as to the potential for
damage to neighbouring properties due to the extent of excavation associated with
development. Suitable conditions have been included requiring the submission of
a dilapidation report for all adjoining buildings including those on the north
side of Tramway Lane and the safe engineering of the proposed buildings.
In relation to the concerns
raised about noise during construction, conditions are included to mitigate any
adverse noise impacts.
11 CONCLUSION
The proposal is a permissible use in the
Residential 2D zone applicable to the site under Randwick LEP 1998. The
application is also consistent with the provisions of the Master Plan as
adopted on 9 April 2002.
The proposal
complies with all the statutory controls contained in the Randwick LEP 1998
with the exception of building height. SEPP 1 objections have been submitted to
these controls. The variation in height will not give rise to any detrimental
impacts on the amenity of surrounding residential properties nor result in a
development that would be inconsistent with the surrounding streetscape.
The proposed
development is not considered to give rise to detrimental impacts on
surrounding developments. Visually, the proposal will have a design, bulk scale
and height that contributes to the existing heritage conservation area
immediately to the north and the overall streetscape in the locality.
The
application is recommended for a deferred commencement approval.
RECOMMENDATION:
A. THAT the Council support the
objection under State Environmental Planning Policy No.1 (SEPP No. 1) in
respect to non-compliance with Clauses 33 of the Randwick Local Environmental
Plan 1998 (relating to maximum building and wall height) on the grounds that
the proposed use complies with the objectives of the clauses and will not
adversely affect the amenity of the surrounding locality and that Planning NSW
be advised accordingly.
B. THAT Council as the responsible authority grant its
development consent as a Deferred Commencement under Section 80(3) of
the Environmental Planning and Assessment Act 1979 (as amended) to Development
Application No D/01252003 for the erection of a multi-unit housing development
containing 65 dwellings in 3 buildings, and associated basement carpark
containing 123 car spaces at 68-76 Wentworth Street, Randwick subject to the
following conditions:-
Deferred Commencement Conditions
The consent is not to operate
until the following material has been submitted to and approved by the Director
of Planning and Community Development:
1. The colours and materials and finishes of the external
surfaces to the building are to be compatible with the adjacent development to
maintain the integrity and amenity of the building and the streetscape. Details
of the proposed colours, materials and textures (ie. a schedule and brochure/s
or sample board and coloured elevations) in relation to each façade of all
buildings are to be prepared.
2. The front fence on Dangar Street shall be limited in height
to 1.2m. Elevation details of all boundary fencing including height, colours,
material and finishes shall be provided.
3. The landscaped areas shown on the landscape plan, LA01,
revision C, dated 16.06.03, drawn by Taylor Brammer Landscape Architects Pty
Ltd, shall be the subject of detailed landscape drawings and specifications The
landscape drawings and specifications are to be prepared by a qualified
Landscape Architect who is eligible for membership with the Australian
Institute of Landscape Architects (AILA). The documentation is to include:
a) A site plan at an appropriate scale showing the following:
· Existing site boundaries.
· Exact locations of
existing trees within the property and within Council’s nature strip. All trees
are to be clearly identified as being retained or removed.
· Features on adjoining
sites within 6 metres of the common property boundary (buildings, trees, other
structures etc).
· Council’s footway.
· Existing and proposed
ground levels shown as spot heights and/or contours over the site, at site
boundaries, and at the base of the trees to be retained.
· Proposed building
envelope and area of basement car park
· Proposed locations of all
services, sewer, stormwater etc.
· Proposed areas of
pavement.
· Proposed landscaped
areas.
b) A planting plan at a scale of 1:100 or 1:200 indicating the
location of all proposed planting and existing trees to be retained. All plants
are to be drawn at their mature size with a dense planting of shrubs, accent
plants and ground covers within all garden beds so that a continuous planted
cover is achieved. Plant spacings are to be clearly indicated for all accent
and groundcovers.
c) A planting schedule listing all plants by botanic & common
names, plant numbers, plant spacings for groundcovers and accent planting, pot
sizes, the estimated size of the plant at maturity (height & spread) and
proposed staking methods when applicable.
d) Additional notation showing soil and mulch details, irrigation
details, edging, paving, fencing details, surface finishes, retaining wall
details, and any other landscape elements in sufficient detail to fully
describe the proposed landscape works.
e) Position of existing and proposed site services including water,
gas, electricity, sewer, stormwater, etc.
f) Sectional elevations through the site showing the existing and
proposed groundlines, building elevations, and mature height of proposed planting.
g) All planter boxes and garden beds constructed on slab must have a
minimum soil depth of 600mm and all lawn areas must have a
minimum soil depth of 300mm. Planter box details shall be
submitted with the detailed landscape plans.
h) Location of easements within the site and upon adjacent sites (if
any).
i) Landscaped areas must contain a predominance of
species that require minimal watering once established or species with water
needs that match rainfall and drainage conditions.
j) Landscaped areas must include an area and
facilities dedicated for onsite composting and porous paving should also be
used in all pathways, wherever practicable, to maximize on-site absorption of
rainwater and details are to be provided on the landscape plans.
Evidence required to satisfy the
above conditions must be submitted to Council within 12 months of the date of
this consent.
Development Consent Conditions
Subject to compliance with the
deferred commencement conditions, to the satisfaction of the Director Planning
and Community Development, development consent is granted under Section 80
& 80A of the Environmental Planning and Assessment Act 1979 subject to the
following conditions:
REFERENCED PLANS:
1. The Development must be implemented substantially in accordance
with the plans numbered DA 01 – DA 16 issue L and dated 28 July 2002, the
application form, and on any supporting information received with the
application, except as may be amended by the following conditions and as may be
shown in red on the attached plans:
The following conditions are
applied to satisfy the provisions of section 79C of the Environmental Planning
and Assessment Act 1979 and to maintain reasonable levels of environmental
amenity:
2. The external colours, materials and finishes of the
proposed development and the landscaping plans shall be in accordance with the
details and plans submitted to and approved by the Director of Planning and
Community Development pursuant to the deferred commencement conditions.
3. The roof terraces, and pergolas associated with Unit A7
& A14 shall be deleted from the plans.
4. Timber privacy screens shall be applied to the proposed
wrap-around balconies on the north elevation of Building B. Details are to be
submitted for the approval of Council’s Director of Planning and Community
Development, prior to the issuing of the construction certificate.
5. A privacy screen shall be provided to the northern
edge of the balcony to Unit B18. Details are to be submitted for the approval
of Council’s Director of Planning and Community Development, prior to the
issuing of the construction certificate.
6. A new development application shall be submitted for the
strata sub-division of the proposed development
7. The consumption of water within the proposed building shall
be minimised by the use of triple A-rated water efficient plumbing features
(taps and shower roses) and water-efficient dual flush toilets. Details of
compliance are to be provided in the construction certificate.
8. The reflectivity index of glass used in the external façade
of the development must not exceed 20 percent. The details and samples of the
glass to be used are to be submitted with the colour and material schedule for
the approval of Council’s Director of Planning and Environment, prior to the
issuing of the construction certificate.
9. The development must be designed and constructed to achieve
a minimum energy efficiency NatHERS rating of 3.5 stars or equivalent and a
NatHERS certificate or equivalent, prepared by a suitably qualified person, is
to be submitted to the certifying authority with the construction
certificate application.
10. The
design of the building must be consistent with the development consent and any
proposed variations to the building to achieve the energy efficiency rating may
necessitate a new or amendment to the development consent prior to the issuing
of a construction certificate.
11. All plumbing and drainage pipes, other
than rainwater heads, gutters and downpipes, must be concealed within the
building.
12. Street numbering must be provided to the
premises in a prominent position, to the satisfaction of Council.
13. The enclosure of balconies is prohibited
by this consent.
14. Internal or external clothes drying
facilities are to be provided in accordance with the provisions of the Building
Code of Australia.
Should external clothes drying facilities be
provided, the facilities must be adequately screened by vegetation and details
are to be incorporated into the landscaping plans, to the satisfaction of the
certifying authority.
The following group of
conditions have been applied to ensure that adequate provisions are made for
Section 94 Contributions:
15. In accordance with Council’s Section 94
Contributions Plan adopted on September 1999 a monetary contribution is to be
paid to Council for the provision or improvement of public open space in lieu
of on site provision for an amount of $149,406.38. This amount shall be paid by
cash or bank cheque prior to the to the issuing of the construction certificate.
Council’s Section 94 Contributions Plan may be inspected at the Customer
Service Centre, Administrative Centre, 30 Frances Street, Randwick.
16. In accordance with Council’s Section 94
Contributions Plan adopted on September 1999 a monetary contribution is to be
paid to Council for the provision of community facilities in lieu of on site
provision for an amount of $66,363.72. This amount shall be paid by cash or
bank cheque prior to the to the issuing of the construction certificate.
Council’s Section 94 Contributions Plan may be inspected at the Customer
Service Centre, Administrative Centre, 30 Frances Street, Randwick.
17. In accordance with Council's Section 94
Contributions Plan adopted on September 1999 a monetary contribution is to be
paid to Council for administration charges for an amount of $425.00. This
amount shall be paid by cash or bank cheque prior to the to the issuing of the
construction certificate. Council’s Section 94 Contributions Plan may be
inspected at the Customer Service Centre, Administrative Centre, 30 Frances
Street, Randwick.
18. Vehicular access to the residential car parking within the
development shall be readily accessible to visitors at all times. Where a
security gate is provided restricting access to the basement carparking area, a
suitable intercom system shall be installed adjacent to the vehicular entrance
together with appropriate instructions signage to provide for access to visitor
spaces at all times.
19. External timber or metal framed and brick veneer walls and
roofs are to be provided with insulation (i.e. bulk insulation and a reflective
building membrane/reflective sarking/foil insulation), having a minimum total
thermal resistance R–value of 3.0 in roofs and 1.5 in external walls. The
insulation and reflective building membrane is to be installed in accordance
with the relevant requirements of the Building Code of Australia and the
manufacturers details.
Details of
compliance with the requirements for insulation are to be included in the construction
certificate application.
20. Hot water service pipes are to be provided with insulation,
in accordance with the relevant requirements of Building Code of Australia and
AS 3500.
21. The hot water
system installed in the development must achieve a minimum greenhouse score of
3.5 as detailed SEDA’s Energy Smart Homes Policy. Any electric clothes
dryers to be provided in the development must also have a minimum 2 star energy
rating.
The following conditions are
applied to satisfy the relevant pollution control criteria and to maintain
reasonable levels of health, safety and amenity to the locality:
22. The use and operation of the premises shall not give rise to
an environmental health or public nuisance.
23. The location and height of the discharge of mechanical
ventilation systems are required to satisfy the relevant provisions of the
Building Code of Australia and AS 1668 and details are to be provided in the
relevant plans / specifications for the construction certificate.
The
following conditions are applied to ensure that the development satisfies the
provisions of the Environmental Planning and Assessment Act 1979 and
Regulations:
24. All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
25. In accordance with clause 98 of the Environmental
Planning and Assessment Regulation 2000, it is a prescribed condition, that
in the case of residential building work, a contract of insurance must
be obtained and in force, in accordance with the requirements of the Home
Building Act 1989.
Where the work is to be done by a licensed contractor,
excavation or building work must not be carried out unless the Principal
Certifying Authority (PCA):
· has been informed
in writing of the licensee’s name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where the work to be done by any other person (i.e. an owner
builder), excavation or building work must not be carried out unless the
Principal Certifying Authority:
· has been informed
of the person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $5,000.
Details of the
builder and compliance with the provisions of the Home Building
Act 1989 are to be submitted to Council prior to the commencement of works,
on the notice of appointment of the PCA / Intention to commence building work.
26. 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
legislative requirements is an offence and may result in the commencement of
legal proceedings, issuing of `on-the-spot` penalty infringements or service of
a notice and order by Council.
27. Prior to the commencement of any building works, 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 and Environmental Planning & Assessment
Regulation 2000.
28. Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building work
must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
29. An Occupation Certificate must be obtained from the
principal certifying authority prior to any occupation of the building work
encompassed in this development consent in accordance with the relevant
provisions of the Environmental Planning & Assessment Act 1979.
The
following group of conditions have been applied to ensure the structural
adequacy and integrity of the proposed building and adjacent premises:
30. A report shall be prepared by a professional engineer
and submitted to the certifying authority prior to the issuing of a
construction certificate, detailing the proposed methods of excavation,
shoring or pile construction, including details of vibration emissions and
detailing any possible damage which may occur to adjoining or nearby premises
that may be caused by the proposed building, excavation and shoring works.
Any practices
or procedures specified in the engineer’s report in relation to the avoidance
or minimisation of structural damage to nearby premises, are to be fully
complied with and incorporated into the plans and specifications for the construction
certificate.
A copy of the
engineers report is to be submitted to the Council, if the Council is not the
certifying authority.
31. Driven type piles/shoring must not be provided unless a
geotechnical engineer’s report is submitted to the certifying authority, prior
to the issuing of a construction certificate, which states that damage
should not occur to any adjoining premises and public place as a result of the
works.
32. A dilapidation report prepared by a professional engineer
or suitably qualified and experienced building surveyor shall be submitted to
the certifying authority prior to the commencement of demolition, excavation
or building works detailing the current condition and status of all
buildings, including ancillary structures (i.e. including dwellings,
residential flat buildings, commercial/industrial building, garages, carports,
veranda’s, fences, retaining walls, swimming pools and driveways etc.) located
upon the premises adjoining the subject site, including the properties at 66
Wentworth Street, Randwick & 67 Dangar Street, Randwick situated on the
northern side of Tramway Lane.
The report is
to be supported with photographic evidence of the status of the buildings and a
copy of the report must also be forwarded to the Council and to the owners of
each of the abovestated premises, prior to the commencement of any works.
33. The installation of ground or rock anchors underneath any
adjoining premises including (a public roadway or public place) must not be
carried out without specific written consent of the owners of the affected
adjoining premises and (where applicable) details of compliance must be
provided to the certifying authority prior to the commencement of any
excavation or building works.
34. A Certificate of Adequacy prepared by a professional
engineer shall be submitted to the certifying authority (and the
Council, if the Council is not the certifying authority) prior to
occupation of the building, certifying the structural adequacy of the
building and that the building works satisfy the relevant structural design
requirements of the Building Code of Australia.
The
following conditions are applied to ensure that the development satisfies
relevant standards of construction, and to maintain adequate levels of health,
safety and amenity during construction:
35. All demolition work is to be carried out in accordance with
the provisions of AS2601-1991. The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person
and be submitted to the principal certifying authority, prior to the
commencement of any demolition works.
36. The building works are to be inspected by the Principal
Certifying Authority (or other suitably qualified person approved by the Principal
Certifying Authority), to monitor compliance with the relevant standards of
construction and Council’s development consent.
The Principal
Certifying Authority shall specify the relevant stages of construction to
be inspected and a satisfactory inspection must be carried out, to the
satisfaction of the Principal Certifying Authority, prior to proceeding
to the subsequent stages of construction or finalisation of the works (as
applicable).
Documentary
evidence of the building inspections carried out and details of compliance with
Council’s approval is to be maintained by the Principal Certifying Authority.
Details of critical phase inspections carried out and copies of
certification relied upon shall be forwarded to Council with the occupation
certificate.
Upon inspection
of each stage of construction, the Principal Certifying Authority (or
other suitably qualified person approved by the Principal Certifying
Authority) is also required to ensure that the relevant site management,
public safety and sediment and erosion requirements specified in Council’s
consent are being satisfied.
37. 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 are to 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.
Retaining walls, shoring, or piling must be designed and
installed in accordance with appropriate professional standards and the
relevant requirements of the Building Code of Australia and Australian
Standards. Details of proposed retaining walls, shoring or piling are to be
submitted to and approved by the Principal Certifying Authority for the
development prior to commencing such excavations or works.
38. If an excavation associated with the erection or demolition
of a building extends below the level of the base of the footings of a building
on an adjoining allotment of land, the person causing the excavation must:
· preserve and
protect the building /s on the adjoining land from damage; and
· if necessary,
underpin and support the building in an approved manner; and
· at least seven (7)
days before excavating below the level of the base of the footings of a
building on an adjoining allotment of land (including a public road or public
place), give notice of the intention to do so to the owner of the adjoining
land. Particulars of the excavation are to be provided to the owner of the adjoining
land and also the owner of the land where the building is being erected or
demolished.
39. Prior to the commencement of any building work, a principal
certifying authority must be appointed and Council is to be notified
accordingly and, at least 2 days notice of the intention to commence building
work must be given to Council, in accordance with the provisions of the
Environmental Planning & Assessment Act 1979 and Environmental Planning
& Assessment Regulation 2000.
40. A Registered Surveyor’s check survey certificate or compliance
certificate is to 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), detailing compliance with Council’s approval at the following
stage/s of construction:
1. Prior
to construction of the footings or first completed floor slab (prior to the
pouring of concrete), showing the area of the land, building and boundary
setbacks and showing the reduced level/s of the floor slab.
2. On
completion of the erection of the building showing the area of the land, the
position of the building and boundary setbacks and verifying the building has
been constructed at the approved levels.
41. All building, demolition and associated site works must only
be carried out between the hours of 7.00am to 5.00pm on Monday to Friday
inclusive, between 8.00am to 5.00pm on Saturdays and all building activities
are strictly prohibited on Sundays and public holidays, except with the
specific written authorisation of Council’s Manager of Environmental Health and
Building Services.
42. The
use of any rock excavation machinery or any mechanical pile drivers is
restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday
inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels
during construction and loss of amenity to nearby residents.
43. Noise
and vibration emissions during the construction of the building and associated
site works must not result in damage to nearby premises or result in an
unreasonable loss of amenity to nearby residents and the relevant provisions of
the Protection of the Environment Operations
Act 1997 must be satisfied at all times.
44. Noise
and vibration from any rock excavation machinery and pile drivers (or the like)
must be minimised by using appropriate plant and equipment and silencers and a
construction noise and vibration minimisation strategy, prepared by a suitably
qualified consultant is to be implemented during the works, to the satisfaction
of the Principal Certifying Authority.
45. A
report prepared by a suitably qualified and experienced consultant in
acoustics/vibration shall be submitted to the Principal Certifying Authority
and the Council upon commencement of works, certifying that noise and
vibration emissions from the construction of the development complies with the
provisions of the Protection of the Environment
Operations Act 1997, the Noise Control Manual published by the
Environment Protection Authority and relevant conditions of approval. In
support of the above it is necessary to submit all relevant readings and
calculations made.
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.
46. A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case of
residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act 1989 and
Regulations.
47. Temporary toilet facilities are to be provided, at or in the
vicinity of the work site throughout the course of demolition and construction,
at the rate of one toilet for every 20 persons or part of 20 persons employed
at the site and the toilet facilities must be connected to a public sewer or
other sewage management facility approved by Council.
48. Public
safety and convenience must be maintained at all times during demolition,
excavation and construction works.
49. A
Road Opening Permit must be obtained from the Council and other relevant
Authorities prior to excavating or opening-up the road or footway for services
or the like.
50. Any
damage caused to the road or footway must be repaired immediately, to the
satisfaction of Council.
51. Building
materials, sand, soil, waste materials or construction equipment must not be
placed upon the footpath, roadway or nature strip at any time and the footpath,
nature strip and road must be maintained in a clean condition and free from any
obstructions and debris at all times.
52. Bulk
bins/waste containers must not be located upon the footpath, roadway or nature
strip at any time without the prior written consent of the Council, unless the
waste container is located upon the road in accordance with the Roads &
Traffic Authority Guidelines and Requirements, and the container is exempt from
an approval under Council’s Local Approvals Policy.
53. Any
building/demolition works involving asbestos cement are to be carried out in
accordance with the Work Cover New South Wales “Guidelines for Practices
Involving Asbestos Cement in Buildings”.
54. A
Construction Site Management Plan is to be submitted to and approved by the
principal certifying authority prior to the commencement of demolition,
excavation or building works. The site management plan must include the
following measures, as applicable to the type of development:
· location and construction of
protective fencing / hoardings to the perimeter of the site;
· location of site storage
areas/sheds/equipment;
· location of building materials for
construction;
· provisions for public safety;
· dust control measures;
· site access location and
construction
· details of methods of disposal of
demolition materials;
· protective measures for tree
preservation;
· provisions for temporary sanitary
facilities;
· location and size of waste
containers/bulk bins;
· details of proposed sediment and
erosion control measures;
· construction noise and vibration
management.
The site management measures are to be implemented prior
to the commencement of any site works and be maintained throughout the works,
to maintain adequate levels of public health and safety. A copy of the
approved Construction Site Management Plan must be maintained on site and be
made available to Council officers upon request.
55. During
construction stages, sediment laden stormwater run-off shall be controlled
using the sediment control measures outlined in the manual for Managing Urban
Stormwater – Soils and Construction, published by the NSW Department of
Housing.
56. Details of the
proposed sediment control measures must be submitted to and approved by the
principal certifying authority prior to the commencement of any site works.
The sediment and erosion control measures must be implemented prior to the
commencement of any site works and a copy of the approved details must be made
available to Council officers upon request.
57. Details of proposed
sediment and erosion control measures shall include; a site plan; indicating
the slope of land, access points & access control measures, location and
type of sediment & erosion controls, location of existing vegetation to be
retained, location of material stockpiles and storage areas, location of
building operations and equipment.
58. Stockpiles
of soil, sand, aggregate or other materials must not be located on any drainage
line, natural watercourse, footpath, roadway or any public place and the
stockpiles must be protected with adequate sediment control measures.
59. Building
operations such as brick cutting, washing tools or equipment and mixing mortar
are not permitted on public footpaths, roadways, in any public place or any
location which may lead to the discharge of materials into the stormwater
drainage system.
60. A
warning sign for soil and water management must be displayed in a prominent
position on the building site, visible to both the public and site workers.
The sign must be displayed throughout the construction period. Copies of a
suitable warning sign are available at Council’s Customer Service Centre for a
nominal fee.
61. Public
access to the site and building works, materials and equipment on the site is
to be restricted, when work is not in progress or the site is unoccupied.
62. A
temporary safety fence is to be provided to protect the public, located to the
perimeter of the site (unless the site is separated from the adjoining land by
an existing structurally adequate fence, having a minimum height of 1.5
metres). Temporary fences are to have a minimum height of 1.8 metres and be
constructed of cyclone wire fencing with geotextile fabric attached to the
inside of the fence to provide dust control, or other material approved by
Council.
Hoarding or fences are to be
structurally adequate and be constructed in a good and workmanlike manner and
the use of poor quality materials or steel reinforcement mesh as fencing is not
permissible.
The public safety provisions
and temporary fences must be in place prior to the commencement of any
demolition, excavation or building works and be maintained throughout
construction.
63. Public access to the site and building works, materials and
equipment on the site is to be restricted, when work is not in progress or the
site is unoccupied.
A temporary safety fence is to be provided to protect the
public, located to the perimeter of the site (unless the site is separated from
the adjoining land by an existing structurally adequate fence, having a minimum
height of 1.5 metres). Temporary fences are to have a minimum height of 1.8
metres and be constructed of cyclone wire fencing, with geotextile fabric
attached to the inside of the fence to provide dust control, or other material
approved by Council.
64. Fences or hoardings are to be structurally adequate and be
constructed in a good and workmanlike manner and the use of poor quality
materials or steel reinforcement mesh as fencing is not permissible.
Details of the proposed
temporary fences located upon the site are to be submitted to the principal
certifying authority and the public safety provisions and temporary fences must
be in place prior to the commencement of any demolition, excavation or building
works and be maintained throughout construction.
If it is proposed to
locate any hoardings, site fencing or amenities upon a footpath or public
place, the written consent from Council’s Building Services section must be
obtained beforehand and detailed plans are to be submitted to Council for
consideration, together with payment of the weekly charge in accordance with
Council’s adopted fees and charges.
65. A temporary timber crossing is to be
provided to the site entrance across the kerb and footway area, with splayed
edges, unless access is via an existing concrete crossover.
66. The applicant/builder is required to hold
Public Liability Insurance, with a minimum liability of $5 million and a copy
of the Insurance cover is to be provided to Council.
67. Any part of Council’s nature strip which is
damaged as a result of the work must be back-filled, top-soiled and re-turfed
with kikuyu turf prior to occupation or finalisation of the development, to
Council’s satisfaction.
The
following conditions are applied to ensure that reasonable levels of fire
safety are provided in the building:
68. The building is required to be provided
with a smoke alarm system complying with Clause 3 of Specification E2.2a of the
B.C.A. or a smoke detection system complying with Clause 4 of Specification
E2.2a of the B.C.A. or a combination of a smoke alarm system within the
sole-occupancy units and a smoke detection system in areas not within the
sole-occupancy units.
The following conditions are applied
to maintain reasonable levels of environmental amenity and public health
safety.
69. The applicant is to engage an Environment
Protection Authority (EPA) Accredited Site Auditor. The Site Auditor is to
assess the suitability of the site for its intended development and use. A
Site Audit Statement and Summary Site Audit Report is to be submitted to and
approved by Council, prior to a construction certificate being issued, stating
that the site is suitable for the intended development and use.
Any
additional conditions that are specified in the Site Audit Statement and
Summary Site Audit Report by the EPA accredited site auditor, form part of this
consent and must be complied with. Written confirmation by the owner of the
site is to be submitted to the Council stating all (if any) conditions will be
complied with.
The following conditions are applied
to maintain reasonable levels of environmental amenity and public health
safety.
70. The site audit statement shall be developed
and prepared in accordance with the following:
a. The proponent shall engage the services of a
site auditor holding current accreditation in accordance with sections 49 and
50 of the Contaminated Land Management Act 1997.
b. All remediation works shall 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 Environment Protection Authority and Planning NSW, Randwick City Council’s
Contaminated Land Policy 1999 and the Protection of the Environment Operations
Act 1997.
c. The remediation of the site including ground water must
fully comply with all relevant Commonwealth and State Legislation, Regulations
and Standards.
d. Site remediation for any part of the site
must be completed prior to the issue of a subdivision certificate for that part
of the site. No subdivision certificate will be issued for any part of the
site until the receipt by Council of an acceptable site audit statement for
that part of the site.
e. Any beneficial reuse of material onsite is to be monitored
and classified by a suitably experienced environmental specialist, together
with the site auditor. Such material must be certified by a Site Audit
Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format
defined by the Contaminated Land Management Regulation 1998 and shall be
furnished to Council prior to the commencement of building works. The
site audit statement issued to Council shall be unconditional, in that it
requires no further monitoring, on going review or remedial actions, and shall
cover both land and groundwater.
f. The Consultant and Auditor, in their assessment of
appropriate soil investigation levels, must take into account all environmental
concerns (for example, the potential effects on wildlife) and the protection of
ground and surface water.
g. Any new information which comes to light during
remediation, demolition or construction works which has the potential to alter
previous conclusions about site contamination shall be notified to the Council
and the Principal Certifying Authority immediately.
The following conditions are applied
to satisfy the relevant pollution control criteria and to maintain reasonable
levels of health, safety and amenity to the locality:
71. Hazardous or intractable wastes arising
from the demolition process being removed and disposed of in accordance with
the requirements of WorkCover NSW and the Environment Protection Authority, and
with the provisions of:
· New South Wales Occupational Health and Safety Act, 2000;
· The Occupational Health and Safety (Hazardous Substances)
Regulation 2001;
· The Occupational Health and Safety (Asbestos Removal Work)
Regulation 2001;
· Protection Of the Environment Operations Act 1997 (NSW) and
· Environment Protection Authority's Environmental Guidelines;
Assessment, Classification and Management of Liquid and Non Liquid Wastes
(1999).
72. Any odours from excavated materials shall
be mitigated by the use of an odour suppressant, such as Biosolve, and shall
not give rise to an offensive odour as defined in the Protection of the
Environment Operations Act 1997. Stockpiles shall also be covered and dampened
down to reduce odour and dust impacts.
73. Any fill importation to the site is to be
monitored and classified by the site auditor appointed for remediation of the
site or a person with his qualifications. Only ‘virgin excavated natural
material’ is to be imported to the site, as defined within the NSW EPA
‘Environmental Guidelines; Assessment, Classification and management of Liquid
and Non-Liquid Wastes. 1999’.
74. Any new information which comes to light
during remediation, demolition or construction works which has the potential to
alter previous conclusions about site contamination shall be notified to the
Council and the Principal Certifying Authority immediately.
75. 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.
76. There are to be no emissions or discharges
from the premises, which will give rise to an offence under the Protection of
the Environment Operations Act 1997 and Regulations.
The following conditions have
been applied to ensure that noise emissions from the development satisfy
legislative requirements and maintain reasonable levels of amenity to the area:
77. The proposed use of the premises and the operation of all
plant and equipment shall not give rise to an ‘offensive noise’ as defined in
the Protection of the Environment Operations Act 1997 and Regulations.
In this regard, the operation of the premises shall
not give rise to a sound pressure level at any affected premises that exceeds
the background (LA90), 15 min noise level, measured in the absence
of the noise source/s under consideration by more than 5dB(A). The source
noise level shall be assessed as an LAeq, 15 min and adjusted in
accordance with Environmental Protection Authority guidelines for tonality,
frequency weighting, impulsive characteristics, fluctuations and temporal
content, in accordance with the relevant provisions of the NSW Environmental
Protection Authority’s Environmental Noise Control Manual, Industrial Noise
Policy 2000 and The Protection of the Environment Operations Act 1997.The
following conditions have been applied to ensure that noise emissions from the
development satisfy legislative requirements and maintain reasonable levels of
amenity to the area.
The following condition applies to the operation of the
premises after the completion of construction.
78. A report 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 and confirms that noise and vibration emissions from the
development (excluding construction works) will comply with the relevant
provisions of the Protection of the Environment Operations Act 1997, Australian
Standards 2107 and 3671 Environmental Protection Authority Noise Control Manual
& Industrial Noise Policy and relevant conditions of approval. The report
is to include assessment of the potential for noise to be experienced within
the residential units from traffic, plant & equipment.
Security Deposit Conditions
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The following
conditions are applied to provide adequate security against damage to
Council’s infrastructure:
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79. The following damage deposit requirement is to be complied
with prior to a construction certificate being issued for the development, as
security for making good any damage caused to the roadway, footway, verge or
any public place; or 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:
a) $5000.00 - Security
damage deposit
The
damage deposit may be provided by way of a cash or cheque with the Council and
is refundable upon the applicant advising Council, in writing, of the
completion of all building works and/or obtaining an occupation certificate, if
required.
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.
80. The following vehicular crossing deposit requirement is to
be complied with prior to a construction certificate being issued for the
development, as security for Council or a Council approved subcontractor to
construct the vehicular crossing.
a) $3000.00 - Vehicular
crossing deposit
The
vehicular crossing deposit may be provided by way of cash or cheque with the
Council and is refundable upon the completion of the Council vehicular crossing
by Council or a Council approved subcontractor.
Traffic conditions/Civil Works Conditions
The following conditions are applied to
provide adequate provisions for access, transport and infrastructure:
81. The
applicant must meet the full cost for Council or a Council approved contractor
to:
a) Construct full width concrete heavy-duty vehicular
crossings and laybacks at kerb in Dangar Street and King Street opposite the
vehicular entry/exit points for the site.
b) Remove any redundant vehicular crossings and to reinstate
the area to Council's specification.
c) Construct kerb and gutter for the full Tram Lane site
frontage.
d) Carry out a full depth, minimum 2.5 metre wide, road
construction in front of the kerb and gutter along the full Tram Lane site frontage.
e) Construct a full width concrete footpath along the full Tram
Lane site frontage. Any unpaved areas on the nature strip must be turfed and
landscaped to Council’s specification.
f) Remove the existing kerb and gutter and construct new kerb
and gutter for the full King Street site frontage.
g) Carry out a full depth, minimum 1.5 metre wide, road
construction in front of the new kerb and gutter along the full King Street
site frontage.
h) Remove the existing concrete footpath and construct a new
concrete footpath along the full King Street site frontage. Any unpaved areas
on the nature strip must be turfed and landscaped to Council’s specification.
i) Remove the existing kerb and gutter and construct new kerb
and gutter for the full Wentworth Street site frontage.
j) Carry out a full depth, minimum 1.5 metre wide, road
construction in front of the new kerb and gutter along the full Wentworth
Street site frontage.
k) Remove the existing concrete footpath and construct a new
concrete footpath along the full Wentworth Street site frontage. Any unpaved
areas on the nature strip must be turfed and landscaped to Council’s
specification.
l) Construct a concrete footpath along the full Dangar Street
site frontage. Any unpaved areas on the nature strip must be turfed and
landscaped to Council’s specification.
m) Design & construct on-street traffic calming measures,
(Note: final design to be approved by the Randwick Local Traffic Committee),
comprising of the following components:
· A roundabout at the
King Street/Dangar Street intersection.
· Definition of a
parking lane on Dangar Street along the full frontage of the property by line
marking to restrict traffic to one lane in each direction. This must cater for
cyclists, as Dangar Street is a designated cycle path.
n) Construct a concrete median in King Street, opposite the
vehicular entry/exit point, such median being suitably designed and located to
restrict the entry/exit point to left in/left out vehicle manoeuvres only.
83. The applicant must meet the full cost for Council or a
Council approved contractor to repair/replace any damaged sections of Council's
footpath, kerb & gutter, nature strip etc which are due to building works
being carried out at the above site. This includes the removal of cement slurry
from Council's footpath and roadway.
84. The applicant shall note that all external work, carried out
on Council property, shall be in accordance with Council's Policy for
"Vehicular Access and Road and Drainage Works". An application for
the cost of the Council civil works is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design and supervision fee based on the lowest quotation from Council's
nominated contractor will be required to be paid prior to the commencement of
any works.
85. All new walls adjacent to vehicular crossings must be
lowered to a height of 600mm above the internal driveway level and/or suitably
setback from the street alignment and/or splayed 1.5 metre by 1.5 metre so that
a driver of a stopped vehicle 2 metres behind the street boundary line can
observe pedestrians up to 2 metres from the crossings. Details are to be
submitted to the Certifying Authority prior to the release of the construction
certificate showing compliance with this condition.
86. The driveway opening at the Dangar Street frontage must be a
minimum of 5.5 metres wide and located at least 1.5 metres clear of the side
property.
87. The driveway opening at the King Street frontage must be a
minimum of 3.5 metres wide and located at least 1.5 metres clear of the side
property.
88. A work zone is to be provided at a suitable location for the
duration of the construction works. The ‘workzone’ shall have a minimum length
of 12 metres and the prescribed fee for the work zone must be paid to Council
at least four (4) weeks prior to the commencement of building works. The
applicant shall liaise with Council’s Traffic Engineer to determine the
location for the work zone.
89. The aisle widths, internal circulation, ramp widths and
grades of the carpark are to generally conform to the Roads & Traffic
Authority (RTA) guidelines, Australian Standard AS 2980.1 –1993 and Council’s
Development Control Plan - Parking. Details of compliance are to be shown on
the relevant plans and specifications for the construction certificate, and are
required to be submitted to and approved by the Council or an accredited
certifier, prior to a construction certificate being issued for the proposed
development.
90. The applicant shall install a suitable traffic control
system to be used for vehicles entering/exiting the carpark via the proposed King
Street ramp. The traffic control system shall be suitably designed to
minimise the potential for vehicular conflict along the 3.5 metre wide section
of the ramp. The applicant shall submit full design and location details with
the construction certificate application for approval by the certifying
authority.
91. Prior to the issuing of a construction certificate the
applicant shall submit to Council for approval, and have approved, details
showing the proposed allocation of parking spaces for the individual units and
the visitor spaces. The applicant shall make particular reference to the
proposed allocation of the small car carspaces A16, 17, 27 and 28. The
applicant shall liaise with Council’s Development Engineer (9399 0924) prior to
submission of these details.
Road Widening/Splay Corner Comments
92. The applicant shall, at no cost to Council, dedicate a
minimum 0.75metre wide strip of land along the full Tram Lane site frontage for
road widening purposes.
93. The applicant shall, at no cost to Council, dedicate a
3metre by 3 metre splay corner for road widening purposes at the King
Street-Wentworth Street intersection, (south-east corner of the development
site).
94. The applicant shall, at no cost to Council, dedicate a
3metre by 1.5 metre splay corner for road widening purposes at the Wentworth
Street-Tram Lane intersection, (north-east corner of the development site).
95. The applicant shall, at no cost to Council, dedicate a
3metre by 1.5 metre splay corner for road widening purposes at the Dangar
Street-Tram Lane intersection, (north-west corner of the development site).
ALIGNMENT LEVEL CONDITIONS
The following conditions are
applied to provide adequate provisions for future civil works in the road reserve:
96. The Council’s Department of Asset & Infrastructure
Services has inspected the above site and have determined that the design
alignment level (concrete/paved/tiled level) at the property boundary for
driveways, access ramps and pathways or the like, must be as follows:
King St Frontage - match the back
of the existing concrete footpath along the full site frontage.
Dangar St Frontage – match the top of
kerb at the vehicular entry/exit point; for the remainder of the Dangar
Street site frontage the alignment level is to be 50 millimetres above
the top of the kerb at all points opposite the kerb.
Wentworth Street Frontage -
match the back of the existing concrete footpath along the full site frontage.
Tram Lane Frontage – 150millimetres above
the existing centreline of the road at all points along the Tram Lane
site frontage.
Any enquiries regarding this matter should be
directed to Council’s Assets & Infrastructure Services Department on 9399
0923.
The design
alignment level at the property boundary must be strictly adhered to.
97. The design alignment levels (concrete/paved/tiled level)
issued by Council and their relationship to the roadway/kerb/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.
98. The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued at
a prescribed fee of $5526 calculated at $17.60 (inclusive of GST) per metre of
site frontage. This amount is to be paid prior to a construction certificate
being issued for the development.
99. The top of footings of any structures constructed on the
various boundary alignments must be at least 150mm below the alignment levels
as specified for the relevant boundary. This condition has been attached to
accommodate the proposed footpath construction/reconstruction at these
locations.
SERVICE AUTHORITY CONDITIONS
The
following conditions are applied to provide adequate consideration for service
authority assets:
100. A public utility impact assessment must be carried out on all
public utility services on the site, roadway, nature strip, footpath, public
reserve or any public areas associated with and/or adjacent to the
development/building works and include relevant information from public utility
authorities and exploratory trenching or pot-holing, if necessary, to determine
the position and level of service.
101. The applicant must meet the full cost for telecommunication
companies, gas providers, Energy Australia and Sydney Water to
adjust/repair/relocate their services as required. The applicant must make the
necessary arrangements with the service authority.
102. Documentary evidence from the relevant public utility
authorities confirming that their requirements have been satisfied, must be
submitted to the certifying authority prior to a construction certificate being
issued for the development.
103. 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 all
detailed landscape drawings and specifications. The applicant must liaise with
Energy Australia prior to lodging the construction certificate to determine if
an electricity substation is required for the development.
104. A Section 73 Compliance Certificate under the Sydney water
Act 1994 must be obtained. Application must be made through an authorised Water
Servicing Coordinator. Please refer to “Your Business” section of Sydney
Water’s web site at www.sydneywater.com.au then the “e-developer” icon or
telephone 13 20 92.
Following
application a “Notice of Requirements” will detail water and sewer extensions
to be built and charges paid. Please make early contact with the Coordinator,
since building of water/sewer extensions can be time consuming and may impact
on other services and building, driveway or landscape design.
The Section 73 Certificate
must be submitted to the Principal Certifying Authority prior to the
Construction Certificate being issued.
105. The applicant must meet the full cost for the bundling of
electricity cables in King Street, Dangar Street and Wentworth Street, along
the full King Street, Dangar Street and Wentworth Street site frontages.
DRAINAGE CONDITIONS
The following conditions are applied to provide adequate
provisions for drainage and associated infrastructure:
106. Engineering calculations and plans with levels reduced to
Australian Height Datum in relation to site drainage shall be 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
issue, 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. This may
involve either connection to the Council's street gutter, or into a Council
stormwater pit. Note: All proposals should indicate the location of the
closest Council stormwater pit and line regardless of the point of discharge.
This information can be obtained by a visual inspection of the area and perusing
Council's drainage plans.
c) 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 (ie. above the 1 in 20 year
storm) to the proposed drainage system.
d) 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
e) 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.
f) 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.
g) 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.
h) All stormwater run-off naturally draining to the site must
be collected and discharged through this property's stormwater system. Such
drainage must, if necessary, be constructed prior to the commencement of
building work.
107. On-site detention must be provided to ensure that the maximum
discharge from the above site is not to exceed that which would occur during a
1 in 5 year storm of 1 hour duration for the existing site conditions. All
other stormwater run-off from the above site for all storms up to the 1 in 20
year storm is to be retained on the site for gradual release to the kerb and
gutter or drainage system as required by the Director of Assets and
Infrastructure Services. Provision is to be made for satisfactory overland
flow should a storm in excess of the above parameters occur.
For
small areas up to 0.5 hectares, determination of the required cumulative
storage 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
the detention tank must have an open base to infiltrate stormwater to the
groundwater. Note that the ground water and any rock stratum has to be a
minimum of 2.0 metres below the base of the tank.
108. All site stormwater leaving the site must be discharged by
gravity to the kerb and gutter and/or drainage system in Dangar Street and King
Street. The applicant shall note that any proposed discharge to Council’s
kerb and gutter is not to exceed 25 litres per second for storm events up to
and including the 1 in 20 year storm event.
109. The applicant must provide for a detention volume of up to
the 1 in 100 year, plus an additional 50% of storage volume should no overland
escape route be provided for storms greater than the design storm.
110. A "restriction as to user and positive covenant"
shall be placed on the title of the subject property prior to the issuing of a
final occupation certificate. Such restriction and positive covenant shall
relate to the onsite stormwater detention system and shall not be released,
varied or modified without the consent of the Council.
Notes:
a. The "restriction as to user 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 Asset and Infrastructure Services Department.
b. The linen plans shall indicate the location and dimensions
of the detention/infiltration areas.
This
condition is to ensure that no works which could affect the design function of
the detention system are undertaken without the prior consent (in writing) from
Council.
111. The detention area must be regularly cleaned and maintained
to ensure it functions as required by the design.
112. The stormwater detention area must be suitably signposted
where required, warning people of the maximum flood level.
113. The floor level of all habitable and storage areas adjacent
to the detention area 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 constructed.
(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).
114. A childproof and corrosion resistant fastening system shall
be installed on access grates over pits/trenches where water is permitted to be
temporarily stored.
115. 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 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 "Section 8.4 PUMP
SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.
116. A work-as-executed plan prepared and signed by the hydraulic
engineer or a registered surveyor, and approved by an accredited certifier,
must be submitted to Council's Director of Asset and Infrastructure Services
prior to the issuing of an occupation certificate, detailing the location of
the detention basin with finished surface levels, contours at 0.2 metre
intervals and volume of storage available. The outlet pipe from the detention
basin to its connection with Council's drainage system, must be indicated on
this plan in conjunction with the following information:
a) location
b) pipe diameter
c) gradient
d) pipe material ie PVC
or EW etc
e) orifice size (if
applicable)
117. A sediment/silt arrester pit must be provided:-
· within the site at
or near the street boundary prior to the site stormwater discharging by gravity
to the kerb/street drainage system; and
· prior to stormwater
discharging into any absorption/infiltration system.
The sediment/silt arrestor pit
shall be constructed with:-
· The base of the pit
located a minimum 300mm under the invert level of the outlet pipe.
· The pit must be
constructed from cast in-situ concrete, precast concrete or double brick.
· The grate is to be
a galvanised heavy-duty grate that has a provision for a child proof fastening
system.
· A minimum of 4 x 90
mm diameter weep holes located in the walls of the pit at the floor level with
a suitable geotextile material with a high filtration rating located over the
weep holes.
· A
galvanised heavy-duty screen (Lysaght RH3030 Maximesh or similar) located over
the outlet pipe. (Similar to a Mascot GRC stormwater discharge control pit,
product code DS3SDC).
· A child proof and
corrosion resistant fastening system for the access grate (e.g. similar to a
Weldlock spring loaded jay-bolt).
· The inlet pipeline
located on the side of the pit so that the stormwater will discharge across the
face of the screen.
· A sign adjacent to this pit
stating that:
“This sediment/silt arrester pit
shall be regularly inspected and cleaned.”
Note: Sketch
details of a standard sediment/silt arrester pit can be obtained from Council’s
Drainage Engineer.
118. A `V' drain is to be constructed along the perimeter of the
property, where required, to direct all stormwater to the detention area.
119. Any Absorption Trenches/Pits must be designed in accordance
with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City
Council's Private Stormwater Code.
120. Three covered car washing bay/s shall be provided for
this development.
a) The car washing bay/s must be drained to sewer
to the requirements of Sydney Water and proof of compliance is to be submitted
to the certifying authority, prior to a construction certificate being issued
for the proposed development.
b) The car washing bay/s must be located outside any
required/approved stormwater detention system and must be suitably signposted.
c) The car washing bay/s must be constructed with a minimum 20mm
bund around the perimeter of the car washing bay/s (or equivalent)
A water tap shall be located
adjacent to the car washing bay/s.
121. All drainage details for the site shall be prepared by a
suitably qualified hydraulic consultant who shall, at the completion of the
works, certify that the drainage works have been constructed in accordance with
the approved drainage plans.
122. As the above site may be present within a fluctuating water
table the basement carpark or similar structures are to be suitably tanked and
waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the
tanking & waterproofing has been carried out to an acceptable standard and
a copy of the certification is to be forwarded to Council.
Notes:-
a) Any subsoil drainage is to be disposed of within the site and is
not to be charged to Council’s kerb & gutter and/or underground drainage
system.
b) Adequate provision is to be made for the ground water to drain
around the basement carpark (to ensure that the basement will not dam or slow
the movement of the ground water through the development site).
123. Any seepage water must be drained directly into an absorption
pit within the site. Seepage water must not be drained from the
site.
124. Prior to the issuing of a construction certificate the
applicant shall submit to Council for approval, and have approved, a stormwater
drainage plan/s showing the location of the proposed internal stormwater
drainage pipe network together with the location of all onsite stormwater
detention areas and drainage pits relative to the location of all trees that
are conditioned to be retained. The applicant must demonstrate to Council
that installation of the stormwater drainage scheme, as proposed, will not
adversely affect the long-term health and stability of those trees that are
conditioned to be retained. The applicant shall liaise with Council’s
Development Engineer (9399 0924) prior to submission of the stormwater drainage
plan/s. This condition is required because the stormwater drainage concept plan
submitted with the development application indicated pipelines and pits being
located within close proximity to certain trees that are to be retained.
WASTE MANAGEMENT CONDITIONS
The following conditions are
applied to provide adequate provisions for waste management:
125. The garbage room areas will have to be designed so as to be
able to contain a total of 66 x 240 litre bins (33 garbage bins & 33
recycle bins) whilst providing satisfactory access to these bins. Details
showing compliance with this requirement are to be shown on the plans submitted
to the certifying authority for the construction certificate.
126. The garbage storage areas are to be provided with a tap and
hose and the floor is to be graded and drained to an approved floor waste to
the requirements of the Sydney Water Corporation.
127. Prior to the issuing of a construction certificate for the
proposed development the applicant is to submit to Council and have approved by
Council’s Manager of Waste a Waste Management Plan detailing waste and
recycling storage and disposal for both the residential and commercial
components of the development site, post construction. The applicant shall note
that all waste/recycling bins are to be presented to Dangar Street and/or King
Street for collection, no collection of bins will be undertaken in Tram Lane.
LANDSCAPE CONDITIONS
The following conditions are
applied to provide adequate provisions for landscaping and to maintain
reasonable levels of environmental amenity:
128. The landscaped areas shown on the landscape plan, LA01,
revision C, dated 16.06.03, drawn by Taylor Brammer Landscape Architects Pty
Ltd, shall be the subject of detailed landscape drawings and specifications,
which are to be submitted to, and approved by, the certifying authority, prior
to the issue of a construction certificate. The landscape drawings and
specifications are to be prepared by a qualified Landscape Architect who is
eligible for membership with the Australian Institute of Landscape Architects
(AILA). The documentation is to include:
a) A site plan at an appropriate scale showing the following:
· Existing site
boundaries.
· Exact locations of
existing trees within the property and within Council’s nature strip. All trees
are to be clearly identified as being retained or removed.
· Features on
adjoining sites within 6 metres of the common property boundary (buildings,
trees, other structures etc).
· Council’s footway.
· Existing and
proposed ground levels shown as spot heights and/or contours over the site, at
site boundaries, and at the base of the trees to be retained.
· Proposed building
envelope and area of basement car park
· Proposed locations
of all services, sewer, stormwater etc.
· Proposed areas of
pavement.
· Proposed landscaped
areas.
b) A planting plan at a scale of 1:100 or 1:200 indicating the
location of all proposed planting and existing trees to be retained. All plants
are to be drawn at their mature size with a dense planting of shrubs, accent
plants and ground covers within all garden beds so that a continuous planted
cover is achieved. Plant spacings are to be clearly indicated for all accent
and groundcovers.
c) A planting schedule listing all plants by botanic &
common names, plant numbers, plant spacings for groundcovers and accent
planting, pot sizes, the estimated size of the plant at maturity (height &
spread) and proposed staking methods when applicable.
d) Additional notation showing soil and mulch details,
irrigation details, edging, paving, fencing details, surface finishes,
retaining wall details, and any other landscape elements in sufficient detail
to fully describe the proposed landscape works.
e) Position of existing and proposed site services including
water, gas, electricity, sewer, stormwater, etc.
f) Sectional elevations through the site showing the existing
and proposed groundlines, building elevations, and mature height of proposed
planting.
g) All planter boxes and garden beds constructed on slab must
have a minimum soil depth of 600mm and all lawn areas must have a
minimum soil depth of 300mm. Planter box details shall be
submitted with the detailed landscape plans.
h) Location of easements within the site and upon adjacent
sites (if any).
i) The landscaping shall be
installed in accordance with the approved documentation prior to the issue of a
final occupation certificate and shall be maintained in accordance with those
plans.
129. Documentary evidence is to be obtained from a suitably
qualified Landscape Architect and submitted to the principal certifying
authority (PCA) (and the Council, if the Council is not the PCA) prior to the
issuing of a final occupation certificate which confirms that the landscaping
works have been completed in accordance with the approved landscaping plans and
relevant conditions of development consent, to the satisfaction of the PCA.
130. To ensure satisfactory maintenance of the landscaped areas, an
automatic irrigation system shall be installed throughout all the landscaped
areas. Such system shall provide full coverage to all the landscaped areas with
no overspray onto driveways and pathways.
131. Details of the
automatic irrigation system shall be shown on the detailed landscape plans and
specifications. The system shall comply with all Sydney Water requirements, and
relevant Australian Standards.
132. 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.
133. The naturestrip upon Council's footway shall be maintained by
the applicant in accordance with Council guidelines. Such maintenance shall
include, but not be limited to, watering, mowing, fertilising, and the removal
of weeds.
134. Any substation required shall be screened from view. The
proposed location and elevation shall be shown on all detailed landscape
drawings and specifications.
135. All
detention tanks and stormwater infiltration systems located within the
landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient
soil depth to permit the establishment of landscaping on top of these services
as stipulated by these conditions of development consent.
136. All stormwater
documentation submitted for the construction certificate application shall show
the top of the detention tanks and stormwater infiltration devices being 600mm
below the finished ground level of the landscaped areas.
Tree Management
137. Approval is granted for the removal of trees numbered 4, 9,
11-14, 19-26, 31a, 41, 44-45, 46a, 51, 53-54, 60, 60a-c, 61-62, 62a, 63, 63a-c
and 64-65 on the landscape plan, LA01, revision C, dated 16.06.03, drawn by
Taylor Brammer Landscape Architects Pty Ltd, subject to the planting of 18 x
100 litre broad canopied replacement trees (not palms) within the site. The
species selected shall be those that will attain a minimum height of 6 metres
at maturity.
138. The applicant shall be required to ensure the retention and
long-term health of all trees located on adjoining properties adjacent to the
proposed development. As a general guide there shall be minimal excavation or
root pruning within the driplines of the subject trees.
Tree Protection Measures
139. In
order to ensure the retention of trees
numbered 1, 3, 5-8, 9a, 10, 15-18, 27-29, 30-31, 33-36, 42-43, 46, 47-48, 50,
52, 57, and 66-72 65 on the landscape plan, LA01, revision C, dated 16.06.03,
drawn by Taylor Brammer Landscape Architects Pty Ltd, in good health, the following measures are to be
undertaken:
140. All
detailed architectural, building, demolition, engineering (structural,
stormwater & drainage, services), and landscape documentation submitted for
the construction certificate application shall show the retention of the
existing tree specimens with the position of the tree trunks and full diameter
of the tree canopies clearly shown on all drawings.
141. Detailed
architectural, building, demolition, engineering (structural, stormwater &
drainage, services), and landscape documentation submitted for the construction
certificate application shall show the use of contiguous bored piers for the
construction of the basement car park along the entire southern wall, adjacent
to trees numbered 1-10, and the entire southern wall, adjacent to tree number
30 and the entire northern wall, as well as the retaining wall adjacent to
trees numbered 42, 43 & 46-48. There shall be no alteration in the existing
soil levels or cutting or battering of the existing soil profile for the
construction of the basement car park, retaining wall or any services, pipes or
detention tanks in these areas.
142. Detailed
architectural, building, demolition, engineering (structural, stormwater &
drainage, services), and landscape documentation submitted for the construction
certificate application shall show no alteration in the existing soil levels or
the location of any structures, services, footings, paving, detention tanks, stormwater
infiltration systems, pipes, cutting or battering of the existing soil profile,
or any excavations within a radius of 3 metres from the outside edge of the
tree trunks of the following trees; 27-29, 33-36, 50, 52, 57 & 66-72, nor
within a radius of 2 metres from the outside edge of the following trees; 1,
16-17, 42-43, 46, 47-48.
143. The
trees are to be physically protected by the installation of protective fencing
around the trees using 1.8 metre high steel mesh/chainwire fencing. This fencing
shall be located to a minimum radius of 1 metre from the outside edge of the
tree trunks of trees numbered 1, 3, 5, 6-10, 30, 42, 43 & 46-48 and a
minimum radius of three metres form the outside edge of the trunks of the trees
numbered 27-29, 33-36, 50, 52, 57 & 66-72.
This fencing
shall be installed prior to the commencement of demolition and construction
works and shall remain in place until all works are completed. Council’s
Landscape Technician is to be contacted to inspect the installed fencing prior
to the commencement of any works 9399 0913.
144. Within this zone there is to be no storage of materials or
machinery or site office/sheds, nor is cement to be mixed or chemicals
spilt/disposed of in the area, no stockpiling of soil or rubble, or any works
listed in Points b or c.
145. Any excavations required for footings, structures, retaining
walls, basement car parks, services, pipes, detention tanks, stormwater
infiltration systems, paving etc within 5 metres of the tree trunks shall be
undertaken under the direction of, and to the satisfaction of, a suitably
qualified Arborist and Council’s Landscape Technician 9399 0913.
146. The installation of woodchip mulch to a depth of 75mm within
the fenced off protection area as described in Point c.
147. Watering of the trees (within the fenced off area) three
times a week for the duration of the period of the refundable deposit described
in Point j.
148. The erection of signage on the fences with the following
words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".
149. A refundable deposit in the form of cash, cheque or bank
guarantee of $253,900.00 shall be lodged with Council prior to issue of a
construction certificate for the proposed development in order to ensure the
preservation of the tree in accordance with the requirements described in this
condition.
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TREE SPECIES
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TREE NUMBER IN
PSB TREE ASSESSMENT
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AMOUNT
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Eucalyptus scoparia
(Willow Gum)
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1
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$3,900.00
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Eucalyptus saligna
(Sydney Blue Gum)
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3
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$9,900.00
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Eucalyptus citriodora
(Lemon Scented Gum)
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5
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$8,200.00
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Eucalyptus citriodora
(Lemon Scented Gum)
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6
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$6,800.00
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Eucalyptus citriodora
(Lemon Scented Gum)
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7
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$10,100.00
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Eucalyptus citriodora
(Lemon Scented Gum)
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8
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$10,200.00
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Eucalyptus citriodora
(Lemon Scented Gum)
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9a
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$5,200.00
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Eucalyptus citriodora
(Lemon Scented Gum)
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10
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$15,800.00
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Eucalyptus grandis
(Flooded Gum)
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28
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$22,300.00
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Eucalyptus grandis
(Flooded Gum)
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30
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$44,800.00
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Eucalyptus grandis
(Flooded Gum)
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31
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$22,300.00
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Eucalyptus botryoides
(Southern Mahogany)
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36
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$10,100.00
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Eucalyptus microcorys
(Tallowwood)
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42
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$10,900.00
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Eucalyptus species (Gum
Tree)
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43
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$6,600.00
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Eucalyptus microcorys
(Tallowwood)
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46
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$13,300.00
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Eucalyptus microcorys
(Tallowwood)
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47
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$12,500.00
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Eucalyptus saligna
(Sydney Blue Gum)
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48
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$19,500.00
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Melia azedarach var.
australasica (White Cedar)
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57
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$21,500.00
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TOTAL
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$253,900.00
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The refundable
deposit is placed to ensure that the tree protection measures as described in
this condition are undertaken throughout the demolition and construction
period. The refundable deposit will be released twenty four (24) months from
the time of issue of a final occupation certificate by the certifying authority
providing the tree protection measures (including amendments to the plans) have
been undertaken throughout the demolition and construction period and the trees
have been retained in good health.
Any
contravention of Council's conditions relating to the trees at any time during
the demolition and construction period or prior to the issue of a final
occupation certificate will result in the Council claiming all of the lodged
security for the affected tree or trees.
150. A refundable deposit in the form of cash, cheque or bank
guarantee for the amount of $20,000.00 shall be lodged with Council prior to a
construction certificate being issued for the proposed development to ensure
the implementation and maintenance of the landscape works in accordance with
the approved landscape documentation.
a. The refundable deposit will be released twelve (12) months
after the issue of a final occupation certificate by the principle certifying
authority providing the landscape works have been successfully implemented and
maintained in accordance with the approved landscape documentation. Throughout
the maintenance/bond period, the applicant shall be responsible for all routine
maintenance such as grass cutting, weeding, watering, fertilising, spraying,
staking and replacement of all failed plant stock. There must be no alteration
to the original design, including substitution of trees and shrubs, without the
prior approval of the Principal Certifying Authority.
b. Any contravention of Council's landscape conditions at any
time during the construction period or prior to the expiration of a period of
twelve (12) months from the date a final occupation certificate is issued will
result in the Council claiming all or part of the lodged security.
151. In order to organise for an inspection for the release of the
security deposit, the applicant shall contact the Principal Certifying
Authority for the development to liaise with Council’s Asset &
Infrastructure Department to arrange for an inspection of the landscaping to be
carried out. Should the landscaping be found to be unsatisfactory, thus
necessitating further inspections, the applicant is advised that each
additional inspection will be charged at $55.00 (incl.GST) and that this
amount shall be paid into Account Number 41901939, Code RGJ at the Cashier on
the Ground Floor of the Administrative Centre prior to any further inspection
being carried out.
The applicant shall present the receipt at the
Asset and Infrastructure Services counter on the First Floor to organise for a
further inspection to be undertaken.
Advisory Conditions
A1. 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.
A2. The applicant is advised that the
Construction Certificate plans and specification must `comply with the provisions
of the Building Code of Australia (BCA).
In this regard, the development consent plans do not show compliance
with the deemed-to-satisfy provisions of the BCA, including:
a) Part E1 - Fire
fighting equipment
b) Part E2 - Smoke
Hazard Management
c) Part E4 - Emergency
lighting, exit signs and warning systems
d) Clause C3.2&C3.4 - Protection
of openings in external walls
Details of compliance with the relevant provisions of the Building Code
of Australia and conditions of development consent are to be provided in the
plans and specifications for the construction certificate.
ATTACHMENT/S:
1. A4 Attachments
Development
Application Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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Subject Site
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Submissions received
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Ů
North
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The
application is referred to the Committee as the owner of the property is
currently employed by Randwick City Council. The proposal has been assessed by
an external consultant to ensure an impartial recommendation.
The applicant
is seeking approval to construct additions to the existing single storey
dwelling including a single garage and a two storey dual occupancy at the rear
of the site at 31 Fischer Street, Kingsford.
The proposed
additions and dual occupancy generally comply with Council’s numeric controls
and meet the objectives of the Dwelling Houses and Dual Occupancy DCP. The
proposal is satisfactory with regard to the provision of a second dwelling on
the site, including its impact on the adjoining dwellings and integration with
the streetscape.
This report
recommends that Council approve the application for the additions and construction
of a dual occupancy at 31 Fischer Street, Kingsford subject to conditions of
consent.
2. THE PROPOSAL
The applicant is seeking approval to construct additions to
the rear of the existing dwelling including a single garage as well as
construct a two storey dual occupancy with four bedrooms and an attached double
garage. Access for both dwellings will be gained from Smith Street via a single
driveway.
3. THE SUBJECT SITE AND SURROUNDING AREA:
The site is a
corner allotment bounded by Fischer Street to the north and Smith Street to the
west. The site is located on the southern side of Fischer Street with a
frontage of 12.08m. It is a regular allotment with a total area of 726.30m˛.
The site contains a slight fall of approximately 0.7 metres from the eastern
boundary to the southwest corner of the site.
Existing on the allotment is a single storey dwelling with
frontage to Fischer Street. A driveway crossing exists on the western boundary
with access/egress from Smith Street. A garden shed is located on the western
boundary. There is currently no garage or carport located on the site. The
existing vegetation includes small shrubs at the front of the site and a number
of trees on the western boundary.
Development in
the locality is characterised by mostly single and two storey dwellings in a
variety of architectural styles from different construction eras. To the north
of the site, across Fischer Street, are single storey dwellings, mostly older
in style. Adjoining the site to the east and south are also single storey
detached dwellings. To the west of the site, across Smith Street, is a mixture
of single detached dwellings and single garages.
Non-residential land uses in the area include Snape
Park to north of the site, which includes tennis courts and a sports oval,
Randwick Barracks are located to the east across Avoca Street and Maroubra High
School and Primary School are located to the southeast of the site.
4. SITE HISTORY
a. APPLICATION HISTORY
There is
no relevant development application history pertaining to the site.
5. COMMUNITY CONSULTATION:
The proposal
has been notified and advertised in accordance with the Randwick Local
Environmental Plan 1998. The following submissions were received:
5.1 Objections
1. 33
Fischer Street, Kingsford
Concerns:
Object to the two (2) windows on the
eastern elevation, being windows numbered i)AS1518 and ii)AST1824 as both these
windows are above my fence line and will be an invasion of my privacy in my
back yard and rear entertaining area to my house.
Response:
This issue was
discussed with both the objector and the applicant. The result was changes to
the size and nature of windows along the eastern façade of the building to
ensure that privacy is maintained. This includes raising sill heights and
using opaque glass in the living areas, which face the adjoining property.
1. 27
Fischer Street, Kingsford
Concerns:
The two storey development will
cause overshadowing to nearby properties.
The removal of the jacaranda tree,
which is under the Tree Preservation Order.
That the dwelling conforms to the
Streetscape, and therefore doesn’t become an eyesore. That the overall dwelling
to land ratio is met. That the sewer line is not impeded by the new dwelling.
Response:
The objector’s
property is located approximately 40 metres away from across Smith Street.
There is another dwelling located between the objectors property and the
subject site. Notwithstanding, the issue of overshadowing and tree removal
have been considered in this report and found to be satisfactory. The proposed
FSR meets Council’s requirements.
6. TECHNICAL OFFICERS COMMENTS
The
application has been referred to the relevant technical officers, including
where necessary external bodies and the following comments have been provided:-
6.1 Building and Construction Issues
The Building Code of Australia classifies the proposal as:
- Class 1A
6.2 Landscape Issues
There are two trees covered by
Council’s Tree Preservation Order that may be affected by the proposed works,
including:
a) One Jacaranda mimosifolia
(Jacaranda) located within the rear yard of the site, close to the western
property boundary. This tree is approximately 6 metres tall and in average
condition, on a severe lean over the existing boundary fence. Permission should
be granted for the removal of this tree.
b) One Lophostemon confertus
(Brushbox) located within the rear yard of the site, close to the western
boundary. This tree is approximately 10 metres tall and appears to be in good
health. The tree is shown for retention on the plans, however a new brick fence
is proposed within 0.5 metres of the tree trunk. The tree should be retained as
part of this application and as such an Arborists Report will be required.
6.3 Drainage Issues
The engineer has advised “On site detention is required for this
application”. Suggested conditions have been included in the
recommendation to cover this requirement.
6.4 Traffic/Parking Issues
No
objections in relation to traffic/parking issues are raised subject to conditions
should approval be granted.
Driveway Entrance – Match the existing Council kerb
levels in Smith Street opposite vehicular entrance to the site.
Remainder of Smith Street Frontage – 30mm above the
existing kerb levels in Smith Street
7. MASTER PLANNING REQUIREMENTS
A
master plan is not required, as the site is less than 4,000m˛ in area.
8. RELEVANT ENVIRONMENTAL PLANNING
INSTRUMENTS
The
Development application has been assessed in accordance with the provisions of
the following relevant planning documents:
- Environmental Planning and Assessment Act 1979 (as amended)
- State Environmental Planning Policy No. 55- Remediation of Land
(SEPP 55)
- Randwick Local Environmental Plan 1998
- Building Code of Australia
(a) State Environmental Planning Policy
Clause 7(1)(a)
of the SEPP requires Council to consider whether the land is contaminated.
Notwithstanding that site investigations have not been carried out, the current
and previous use of the site and surrounding sites for residential uses would
substantially reduce the possibility of contamination.
It is
considered reasonable to assume that the site would not be contaminated, or in
need of remediation pursuant to SEPP 55 and that the site is suitable for
continued residential use.
(b) Randwick Local Environmental Plan 1998
The site
is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the
proposed activity is permissible with Council’s consent. The following Clauses
of the LEP 1998 apply to the proposal:-
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Clause
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Requirement
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Provided
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Compliance
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30 – Min. Lot Size
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N/A
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726.30m˛
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N/A
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31 - Landscape Area
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Clause 31(2)
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40% of site area (290.5m˛)
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49% (355.8m˛)
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Yes
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32 - FSR
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0.5:1 (363.2m˛)
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0.48:1 (352.3m2)
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Yes
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33 - Building Height
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Clause 33(2)
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8.7m (maximum)
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Yes
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Clause 33(4)
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6.51m (maximum)
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Yes
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Other Clauses
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Effect
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Applies
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Comment
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43
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Heritage Item or Conservation Area
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No
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N/A
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46
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Vicinity of Heritage Item
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Yes/No
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N/A
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8.1 Policy Controls
a. Development Control Plan – Dwelling Houses and Attached Dual
Occupancies
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CONTROLS
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PERFORMANCE
REQUIREMENTS
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PREFERRED
SOLUTIONS
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COMPLIANCE
(how applicant has
achieved performance
requirements of performance solutions).
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SOLAR ACCESS
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P1 New dwellings must
achieve (Nathers) rating of 3.5 stars.
P2 Orientation and design
maximises solar access to living areas and open space.
P6 External clothes drying
area available.
P7 Landscape design
assists microclimate management.
P8 Windows sized to reduce
summer heat and permit winter sun.
P9 Neighbour’s
north-facing living area windows receive at least 3 hours of sunlight over
part of their surface between 9.00am and 3.00pm on 21 June. If less is already available the amount
is not reduced.
P9 Neighbour’s principal
outdoor area receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less is already available the amount is not reduced.
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S1 New dwellings provide
certificate complying with a minimum (Nathers) rating of 3.5 stars or
equivalent.
S2.8 North-facing windows
to living areas received at least 3 hours of sunlight over part of their
surface between 9.00am and 3.00pm on 21 June.
S2 Private open space
receives 3 hours of
sunlight over part of its area between 9.00am and 3.00pm on 21 June.
S9 North-facing windows to
living areas of neighbours receive 3 hours of sunlight over part of their
surface between 9.00am and 3.00pm on 21 June. If less available the amount is not
reduced.
S9 Neighbour’s principal
outdoor receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If
less available the amount is not reduced.
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Yes
A Nathers certificate of
4.5 stars has been lodged with the application.
Yes
The proposed additions will
receive adequate solar access during AM and PM periods. The living and dining
room of the proposed dual occupancy have been located in the northern portion
of the dwelling.
No
Details of the two
clotheslines have not been shown on plans and the location of these will be
included as a condition of consent.
Yes
The planting of small
shrubs on the northern boundary will allow adequate solar access. The
retention of two trees on the western boundary will minimise summer heat
gain.
Yes
The proposed addition will
allow solar access into the kitchen area during AM and late PM periods. The
proposed dual occupancy has limited windows facing north. The living areas
and private open space areas will receive the minimum requirement for solar
access.
Yes
The adjoining dwelling to
south of the site contains one small north facing window. The proposed dual
occupancy will minimise solar access to this window, although this is
considered minor due to the size of the window.
Yes
There will be some impact
to the adjoining dwellings to the south and east of the site, although they
will still receive the minimum requirement of 3 hours.
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WATER MANAGEMENT
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P1 Stormwater disposal
systems:
collect and drain to a
suitable disposal system;
do not adversely affect existing
downstream systems;
fit in with hydrology;
use on–site stormwater
infiltration;
maximise opportunities for
stormwater re-use stormwater;
retain existing trees.
P3 Water consumption
minimised to landscaping.
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S1 Stormwater is graded
and drained via a gravity system to Council’s street gutter; or to a suitable
absorption system.
S3 Landscaped area:
contain low water demand plant species and design.
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Yes
On site retention is
required for the proposed dual occupancy.
Yes
Two existing trees will be
maintained on the western boundary adjoining the street and there is adequate
landscaped areas containing low water plant species.
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LANDSCAPING & OPEN
SPACE
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P1 Landscaped areas suit
requirements of the dwelling occupants.
P2 Location and design of
private open space:
allows year-round use
minimises impact on
neighbours
addresses privacy and sun
access
addresses surveillance,
privacy and security.
P4 Existing trees and
shrubs retained.
P5 Planting will not obscure
or obstruct dwelling entities or personal safety.
P6 Unpaved or unsealed
landscaped areas are maximised.
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S1 40% of the total site
area is landscaped.
S1 Private open space is
located behind the building line.
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Yes
The proposed landscaped
area is 49% of the site.
Yes
The proposed private open
space is located at the rear of both sites.
Yes
The private open space will
be located behind the two developments. There will be a minimal impact on the
adjoining neighbours to the east and south as a result of adequate setbacks.
The spaces will receive a
minimum of 3 hours solar access throughout the day.
The spaces will adjoin Smith Street
and provide passive surveillance.
Yes
Two existing trees located
on the western boundary will be retained and the proposed landscaped area
complies with Council requirements.
Yes
The proposed landscaping
will provide privacy whilst not affecting security or safety.
Yes
The paved areas are
considered to be minimal and the proposed landscaped area meets Council’s
requirements.
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FLOOR AREA
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P1 Building bulk must be
compatible with surrounding built forms, minimise effects on neighbours and
streets.
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FSR
>600m2
0.5:1
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Yes
The proposed FSR is 0.48:1
which complies with Councils standard of 0.5:1.
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HEIGHT, FORM &
MATERIALS
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P1 Height relates to
surrounding streetscape.
P2 Designed to enhance
built form and character of street.
P3 Design relates to the
topography with minimal cut and fill.
P4 Design preserves
privacy and natural light access to neighbours.
P6 Design allows view
sharing.
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S1 Maximum 7m external
wall height for house or attached dual occupancy.
S1 Maximum 3.5m external
wall height of buildings or additions to the rear.
S3 Cut or fill does not
exceed 1m.
S3 No excavation within
900mm of side boundary
S3 No excavation within 3m
of rear boundary
S4 Length of second storey
portion is not greater than 12m at less than 1.5m from a southern boundary.
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Yes
The height of the proposed
additions at the rear is consistent with the existing single storey dwelling.
The dual occupancy proposes a wall height of 6.5 metres, which complies with
Council’s standard.
No
The dual occupancy proposes
a height of 6.5 metres at the rear. This does not comply with the rear height
control. The orientation of the blocks and measures to protect privacy remove
any substantial impacts from this situation. The corner location of the
property also facilitates the two storey height which may not otherwise be
suitable on a mid block site.
Yes
The additions to the
existing dwelling will not be visible from the street. The proposed dual
occupancy will be located behind the existing dwelling when viewed from Fischer Street.
Yes
There is no cut or fill
proposed.
Yes
There is no excavation
proposed.
No
The wall length on the
eastern elevation of the proposed dual occupancy is 15 metres, which does not
comply. All other elevations are well articulated and comply. This impact of
the non-compliance is minimised by the provision of a 2 metre setback and the
provision of landscaping along the eastern boundary. Privacy impacts have
also been overcome through window treatments.
Yes
The proposed additions and
dual occupancy will not impact on any views.
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BUILDING SETBACKS
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Front Setback
P1 Generally conforms with
adjoining development or dominant setback along street.
Rear Setback
P2 Allow neighbours
adequate access to natural light, view sharing and retains trees and
vegetation.
Side Setback
P3 Allow occupants and
neighbours adequate access to natural light, daylight and fresh air.
Side setbacks on corner
allotments must integrate with established setbacks of both streets and
maintain the streetscape.
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Front Setback
S1 The average of
adjoining dwelling or 6m setback where no adjoining dwelling.
Rear Setback
S2 No closer than 4.5m.
Side Setbacks
S3 900mm for any part over
1m above ground level up to one level in height.
1.5m for any part of a
building, two levels at that point.
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Yes
There will be no change to
the front setback of the existing dwelling.
The proposed dual occupancy
will be setback 1.2 metres from Smith
Street. There is no consistency
within this street and the proposed front setback is considered adequate.
Yes
The property fronts Fischer street
so the rear boundary has been considered as the southern setback. The
proposed dual occupancy will be setback over 6 metres from the adjoining
property to the south.
Yes
The proposal complies with
the side setbacks and will allow for adequate solar access natural
ventilation to the adjoining property to the south and the existing dwelling
on the site.
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VISUAL & ACOUSTIC
PRIVACY
SAFETY AND SECURITY
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P1 Overlooking
neighbouring internal living areas and private open spaces is minimised.
P2 Entries are readily
identifiable.
P3 Front fences, landscape
areas and driveways promote safety and security.
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S1 Habitable room windows
with direct outlook to other windows within 9m are offset by more than 45
degrees or have fixed obscure glazing or sill height to 1.5m.
S1 Direct view into the
private open space of adjoining dwelling is obscured or screened within 9m.
S1 Windows have sill
heights of 1.5m or more above floor level or fixed obscure glazing to any
part of the window less than 1.5m above floor level.
S3 Buildings comply with
•AS-2107: Acoustics –
recommended design sound levels and reverberation times for building
interiors.
S1,2,3 Front doors visible
from street.
S1,.3 At least one
habitable room window overlooks the street.
S2 Street number displayed.
S3 Fences comply with
fencing requirements.
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Yes
The window on the southern
elevation will not contain an outlook to other windows. The windows on the
western elevation and the window on the northern elevation are located more
than 9 metres from adjoining dwellings.
Yes
The window on the southern
elevation will overlook the adjoining roof. The windows on the northern
elevation will overlook some private open space of the adjoining dual
occupancy. This is minimised as the proposed window on the ground floor will
be partly opaque glass and the proposed window on the first floor to the
family room will have a raised sill height. The windows on the western
elevation will overlook Smith Street and two existing trees will provide screening.
Yes
The entry and front door to
the existing dwelling will not change as a result of the proposal. The entry
of the proposed development will front Smith
Street and will be visible from the
street. The dual occupancies contain at least one window over looking Fischer
and Smith Streets.
No detail
The street number for the
proposed dual occupancy will by displayed as a condition of consent.
Yes
The proposed front fence
complies with Council’s height and required materials.
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GARAGES, DRIVEWAYS &
CAR PARKING
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Note: Council’s car
parking DCP requirements:
1-2 bedroom 1 space
3 bedroom 2 spaces
P1 Are located and
designed for convenience and safety.
enable the efficient use of
car spaces.
safe, efficient, adequate
maneuverability.
P2 Do not breach the
predominant building line.
P3 Do not detract from the
streetscape and are compatible with the dwelling.
P4 Car parking areas and
accessways facilitate stormwater infiltration on site.
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S1 Car parking spaces have
minimum dimensions of 5.5 metres x 2.5 metres.
Driveways have a minimum
width of three metres and are set back at least one metre from the side
boundary (max width 3m at boundary).
Driveway gradients have a
maximum of 1 in 6. The gradient for the first 5m from street not more than 1
in 8.
S2 Carports and garages located
behind the building where rear access available, or behind building line
where front access available.
S3 Driveways, car parking
facilities <35% of frontage.
|
Yes
The existing dwelling
contains three bedrooms and the proposed dwelling will contain four bedrooms.
A total of three car spaces will be required, which meets Council’s
requirements.
The proposed car spaces are
located in a convenient location. There is adequate room provided for
manoeuvrability.
Yes
The proposed driveway will
have a minimum width of 7.4 metres and is setback an adequate distance from
the side boundaries.
The proposed driveway has a
gradient 1:6 (16.1%) which complies with Council’s requirements.
Yes
The two proposed garages
are located behind the existing building line.
Yes
The proposed driveway
occupies 12% of the Smith Street frontage.
Yes
Refer to drainage plan
|
|
FENCES
|
|
Fences in front of the
building line no higher than 1.8m with upper two thirds at least 50% open.
(Not applicable in Heritage Conservation Areas).
|
Yes
The proposed front fence
onto Smith Street is 1.8 metres in height and is at least 50% open.
|
b. Development
Control Plan - Parking
|
Standard
|
Requirement
|
Provided
|
Compliance
|
|
Car Parking
(a) Number of spaces
(b) Parking layout
|
1 space per
two-bedroom dwelling
1.5 spaces per
three-bedroom dwelling
Enclosed spaces
3.0m x 5.5m minimum
Maximum ramp
gradient 1:6 (16.7%)
|
1 spaces
2 spaces
6.1m x 5.7m
3.4m x 5.7m
16.1%
|
Complies
Complies
Complies
Complies
Complies
|
9. ENVIRONMENTAL ASSESSMENT
The
site has been inspected and the application has been assessed having regard to
Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.
9.1 Randwick
LEP 1998
9.1.1 Landscaped
Area
Council’s landscaping requirement has the purpose of
softening the visual impact of development, providing open space for recreation
purposes and assisting in the reduction of urban runoff. A minimum of 40%
(290.44m2) of the site area is to be landscaped under clause 31(1)
of the Randwick LEP 1998. The proposed landscaped area is 49% (356.06m2)
of the site, which complies with this requirement.
The main landscaped areas for the existing dwelling
will be provided at the front of the site and on the western boundary. In
accordance with the purpose of this clause, this will maintain the streetscape
appearance to Fischer Street and Smith
Street as well as reduce the impact
of the proposed development at the rear of the site. The proposed dual
occupancy will maintain a landscaped area at the rear of the site, which will
be visible from Smith Street and provide privacy between the proposed dwelling
and the adjoining dwelling to the south.
The hard paved areas include the proposed driveway
and garden paths which total an area of 42.17m2. This area is
considered to be minor and will not have a significant impact on urban run-off.
Two out of the three proposed landscaped areas are
located behind the building setback line. These will be enclosed by a boundary
fence and will provide a suitable area for recreational purposes and privacy.
9.1.2 Floor Area
The floor space ratio (FSR) for the 2A
zone under clause 32(1) of the Randwick LEP 1998 (RLEP) is 0.5:1 (363.15m2).
The proposed development has a floor space ratio of 0.48:1 (352.25m2),
which complies with the permissible FSR under the RLEP.
The bulk of
the proposed alterations and the dual occupancy does not produce any
significant overshadowing impacts on the adjoining developments. The scale of
the proposed additions and the dual occupancy is not out of character with the
existing development in the area and the setbacks are complied with. The
proposal is satisfactory with regard to clause 32 of the RLEP.
9.2 Building Setbacks
The existing
dwelling contains a front (north) setback of 6.9 metres, which is consistent
with the adjoining development on Fischer Street. The proposed dual occupancy
will provide a front setback onto Smith Street of 1.5 metres, which does not
comply with the required front setback to a street although it is consistent
with the adjoining dwelling to the south and the surrounding development on Smith
Street.
As discussed
in the compliance table, the setbacks are generally considered satisfactory.
The eastern setback of 2 metres and window treatments overcome potential
privacy impacts. The southern setback of over 6 metres maintains the amenity
of the dwelling to the south and provides a generous private open space area
for the new dwelling.
9.3 Amenity Impacts
9.3.1 Overshadowing and Sunlight Access
The properties
are orientated such that impacts on solar access from overshadowing are
minimised. The property along the eastern boundary will still receive the
required amount of sunlight as will the dwelling located to the south.
9.3.2 Privacy and Overlooking
There is only
one window proposed on the southern elevation. This is located on the first
floor and will overlook the roof of the adjoining property. There is also only
one window proposed on the northern elevation. This is a small window and is
located in bedroom four. As a result of the use of this room and the size of
the window will minimise any potential impacts created by the development.
The proposed additions to the existing dwelling
are only one storey in height and the proposed patio adjoining the eastern
boundary will contain a 1.8 metre privacy screen. This will maintain privacy
for the existing residents on the subject site and the adjoining property.
There are a number of windows located on the
western elevation, which provide passive surveillance onto the street and are
located an appropriate distance from the dwelling located across Smith
Street.
The windows proposed on the eastern elevation
did propose a privacy problem but this has been overcome by the provision of
opaque glass and by raising the sill height of the family room on the first
floor.
9.3.3 Views
The proposed
dual occupancy will not have a significant impact on the availability of views
from surrounding properties. Despite the two storey height of the proposal, the
dwelling to the south contains only one window on the adjoining elevation. The
development is within the overall height limit set by the RLEP 98. The
development approximates the height of the newer development within the
surrounding locality and the development is considered satisfactory with regard
to views and outlook sharing.
9.4 Building Design, Materials and Appearance
The materials
used in the proposed additions will be consistent with the brick and tile
nature of the surrounding dwellings. The dual occupancy will also be
constructed using brick and tile materials and the development will be of a
similar height and scale as some of the newer surrounding developments. The
development is considered satisfactory with regard to building design,
materials and appearance.
9.5 Building Bulk and Scale
The additions
to the existing dwelling will not be evident from Fischer Street and due to the
minor nature of the additions only sections will be visible from Smith Street.
The additions will be similar in scale as the existing dwellings.
The proposed
second dwelling will have a frontage to Smith Street. The proposed two-storey
building is considered satisfactory for street a frontage and is consistent
with newer development in the area. The development is considered satisfactory
with regard to building bulk and scale.
10. CONCLUSION
The proposal
has been assessed against the requirements of the relevant planning guidelines,
particularly the RDCP for residential development. The result of this
assessment is that the scheme is consistent with the objectives of these
planning controls and most of the preferred solutions.
RECOMMENDATION:
A. THAT Council as the responsible
authority grant its development consent under Section 80 and 80A of the
Environmental Planning and Assessment Act 1979 (as amended) to Development
Application No 327/2003 for the construction of alterations and additions to
the rear of the existing dwelling and construction of a second dwelling at 31
Fischer Street, Kingsford subject to the following conditions:-
1. The development must be implemented substantially in
accordance with the plans numbered 03.173 (Sheets 1 and 2) dated June 2003 and
received by Council on 12 June 2003 for alterations and additions to the
existing dwelling, and amended plans numbered 703708 (Sheets 1 to 15) dated
19.05.03 and received by Council on 20 May 2003, the application form and on
any supporting information received with the application, except as may be amended
by the following conditions and as may be shown in red on the attached plans:
The following conditions are
applied to satisfy the provisions of section 79C of the Environmental Planning
and Assessment Act 1979 and to maintain reasonable levels of environmental
amenity:
2. The sill height of the following window/s are to be
increased to be a minimum height of 1.5 metres;
a) The living room window on the ground floor.
b) The family room on the first floor.
above
floor level, or alternatively, the window/s are to be fixed and provided with
translucent, obscured, frosted or sandblasted glazing below the specified
level.
3. The landscaping strip outside the living room windows being
increased to a minimum width of one (1) metre and planted so as to assist in
overcoming privacy impacts on the adjoining property.
4. The fence on the street alignment is to be a maximum height
of 1.8 metres at any point and be designed so that the upper two thirds of the
fence is at least 50% open, to maintain reasonable levels of amenity to the
adjoining residential development and the streetscape. The fence is to be
constructed on the existing sandstone retaining wall as advised in the letter
from the applicant to Council dated 17 June 2003.
5. Street numbering for the new dwelling must be provided to
the premises in a prominent position, to the satisfaction of Council.
6. Internal or external clothes drying facilities are to be
provided in accordance with the provisions of the Building Code of Australia.
Should external
clothes drying facilities be provided, the facilities must be adequately
screened by vegetation and details are to be incorporated into the landscaping
plans, to the satisfaction of the certifying authority.
7. The consumption of water within the building shall be
minimised by the use of triple A rated water efficient plumbing fixtures (taps
and shower roses) and water efficient dual flush toilets. Details of
compliance are to be noted in the construction certificate plans or
specifications.
8. External timber or metal framed and brick veneer walls and
roofs are to be provided with insulation (i.e. bulk insulation and a reflective
building membrane/reflective sarking/foil insulation), having a minimum total
thermal resistance R–value of 3.0 in roofs and 1.5 in external walls. The
insulation and reflective building membrane is to be installed in accordance
with the relevant requirements of the Building Code of Australia and the
manufacturers details.
Details of
compliance with the requirements for insulation are to be included in the construction
certificate application.
9. Hot water service pipes are to be provided with insulation,
in accordance with the relevant requirements of Building Code of Australia and
AS 3500.
The following conditions are applied
to ensure that the development satisfies the provisions of the Environmental
Planning and Assessment Act 1979 and Regulations:
10. All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
11. In accordance with clause 98 of the Environmental Planning
and Assessment Regulation 2000, it is a prescribed condition, that in the case
of residential building work, a contract of insurance must be obtained and in
force, in accordance with the requirements of the Home Building Act 1989.
Where the work is to be done by a licensed contractor,
excavation or building work must not be carried out unless the Principal
Certifying Authority (PCA):
· has been informed in
writing of the licensee’s name and contractor number; and
· is satisfied that the
licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where the work to be done by any other person (i.e. an owner
builder), excavation or building work must not be carried out unless the
Principal Certifying Authority:
· has been informed of the
person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $5,000.
Details of the
builder and compliance with the provisions of the Home Building
Act 1989 are to be submitted to Council prior to the commencement of
works, on the notice of appointment of the PCA / Intention to commence
building work.
The following conditions are
applied to ensure that the development satisfies relevant standards of
construction, and to maintain adequate levels of health, safety and amenity
during construction:
12. A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
13. The building works are to be inspected by the Principal
Certifying Authority (or other suitably qualified person approved by the Principal
Certifying Authority), to monitor compliance with the relevant standards of
construction and Council’s development consent.
The Principal
Certifying Authority shall specify the relevant stages of construction to
be inspected and a satisfactory inspection must be carried out, to the
satisfaction of the Principal Certifying Authority, prior to proceeding to
the subsequent stages of construction or finalisation of the works (as
applicable).
Documentary
evidence of the building inspections carried out and details of compliance with
Council’s approval is to be maintained by the Principal Certifying Authority.
Details of critical phase inspections carried out and copies of
certification relied upon, shall be forwarded to Council with the occupation
certificate or, upon finalisation of works if no occupation certificate is
issued.
14. All building, demolition and associated site works must only
be carried out between the hours of 7.00am to 5.00pm on Monday to Friday
inclusive, between 8.00am to 5.00pm on Saturdays and all building activities
are strictly prohibited on Sundays and public holidays, except with the
specific written authorisation of Council’s Manager of Environmental Health and
Building Services.
15. A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case of
residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act 1989 and
Regulations.
16. Building materials, sand, soil, waste materials or
construction equipment must not be placed upon the footpath, roadway or nature
strip at any time and the footpath, nature strip and road must be maintained in
a clean condition and free from any obstructions, soil and debris at all times.
17. Bulk bins/waste containers must not be located upon the
footpath, roadway or nature strip at any time without the prior written consent
of the Council, unless the waste container is located upon the road in
accordance with the Roads & Traffic Authority Guidelines and Requirements,
and the container is exempt from an approval under Council’s Local Approvals
Policy.
The following conditions are applied to ensure that
reasonable levels of fire safety are provided in the building:
18. Smoke alarms are required to be installed in each Class 1
building or dwelling in accordance with the relevant provisions of Part 3.7.2
of the B.C.A. – Housing Provisions.
Smoke alarms must comply with
AS3786 – Smoke alarms and be connected to the consumer mains electric power
supply and provided with a battery back-up.
The smoke alarms are to be
installed in suitable locations on or near the ceiling, in any storey
containing bedrooms; located between each part of the dwelling containing the
bedrooms and the remainder of the dwelling, or where bedrooms are served by a
hallway, the smoke alarms are to be located in that hallway; and smoke alarms
are to be installed in any other storey not containing bedrooms, to the
satisfaction of the certifying authority.
Smoke alarms are not to be
located in ‘dead-air-spaces’, in the corner junction of walls and ceilings
between exposed rafters/joists or at the apex of raked ceilings, as detailed in
Part 3.7.2 of the B.C.A. – Housing Provisions.
Details of compliance with the
provisions of the Building Code of Australia must be included in the plans /
specification for the construction certificate.
The
following conditions are applied to provide adequate security against damage to
Council’s infrastructure:
19. The following vehicular crossing deposit requirement is to
be complied with prior to a construction certificate being issued for the
development, as security for making good any damage caused to the roadway,
footway, verge or any public place; or 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:
a) $1000.00 - Vehicular
crossing deposit.
The
vehicular crossing deposit may be provided by way of cash or cheque with the
Council and is refundable upon the completion of the Council vehicular crossing
by Council or a Council approved subcontractor.
Traffic
conditions/Civil Works Conditions
The
following conditions are applied to provide adequate provisions for access,
transport and infrastructure:
20. The applicant must meet the full cost for Council or a
Council approved contractor to:
a) Construct a concrete vehicular crossing and layback
at kerb opposite the vehicular entrance to the site.
b) Remove the redundant concrete vehicular crossing and
layback and to reinstate the area with concrete footpath, turf and integral
kerb and gutter to Council's specification.
21. The applicant must meet the full cost for Council or a
Council approved contractor to repair/replace any damaged sections of Council's
footpath, kerb & gutter, nature strip etc which are due to building works
being carried out at the above site. This includes the removal of cement slurry
from Council's footpath and roadway.
22. The applicant shall note that all external work, carried out
on Council property, shall be in accordance with Council's Policy for
"Vehicular Access and Road and Drainage Works". An application for
the cost of the Council civil works is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design and supervision fee based on the lowest quotation from Council's
nominated contractor will be required to be paid prior to the commencement of
any works.
The
following conditions are applied to provide adequate provisions for future
civil works in the road reserve:
23. The Council’s Department of Asset & Infrastructure
Services has inspected the above site and have determined that the design
alignment level at the property boundary for driveways, access ramps and
pathways or the like, must be as follows:
Driveway
Entrance – Match the existing Council kerb levels in Smith St opposite the
vehicular entrance to the site..
Remainder
of Smith St Frontage – 30mm above the existing kerb levels in Smith St.
Any
enquiries regarding this matter should be directed to Council’s Assets &
Infrastructure Services Department on 9399 0923.
24. The design alignment levels issued by Council and their
relationship to the kerb 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.
25. The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued
at a prescribed fee of $546.00 calculated at $17.60 (inclusive of GST) per
metre of site frontage. This amount is to be paid prior to a construction
certificate being issued for the development.
26. The top of footings of any structures constructed on the
boundary alignment must be at least 100mm below the existing kerb levels in Smith
St. This condition has been attached to accommodate future footpath
construction at this location.
Service
Authority Conditions
The
following conditions are applied to provide adequate consideration for service
authority assets:
27. A public utility impact assessment must be carried out on
all public utility services on the site, roadway, nature strip, footpath,
public reserve or any public areas associated with and/or adjacent to the
development/building works and include relevant information from public utility
authorities and exploratory trenching or pot-holing, if necessary, to determine
the position and level of service.
28. The applicant must meet the full cost for Telstra, Energy Australia,
Sydney Water or Natural Gas Company to adjust/repair/relocate their services as
required. The applicant must make the necessary arrangements with the service
authority.
29. A Section 73 Compliance Certificate under the Sydney water
Act 1994 must be obtained. Application must be made through an authorised Water
Servicing Coordinator. Please refer to “Your Business” section of Sydney
Water’s web site at www.sydneywater.com.au then the “e-developer” icon or
telephone 13 20 92.
Following
application a “Notice of Requirements” will detail water and sewer extensions
to be built and charges paid. Please make early contact with the Coordinator,
since building of water/sewer extensions can be time consuming and may impact
on other services and building, driveway or landscape design.
The
Section 73 Certificate must be submitted to the Principal Certifying Authority
prior to the Construction Certificate being issued.
The
following conditions are applied to provide adequate provisions for drainage
and associated infrastructure:
30. Engineering calculations and plans with levels reduced to
Australian Height Datum in relation to site drainage shall be 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
issue, 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. This
may involve either connection to the Council's street gutter, or into a Council
stormwater pit. Note: All proposals should indicate the location of the
closest Council stormwater pit and line regardless of the point of discharge.
This information can be obtained by a visual inspection of the area and
perusing Council's drainage plans.
c) 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 (ie. above the 1 in 20 year
storm) to the proposed drainage system.
d) 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.
31. On-site detention must be provided to ensure that the
maximum discharge from the above site is not to exceed that which would occur
during a 1 in 5 year storm of 1 hour duration for the existing site
conditions. All other stormwater run-off from the above site for all storms up
to the 1 in 20 year storm is to be retained on the site for gradual release to
the kerb and gutter or drainage system as required by the Director of Assets
and Infrastructure Services. Provision is to be made for satisfactory overland
flow should a storm in excess of the above parameters occur.
For
small areas up to 0.5 hectares, determination of the required cumulative
storage 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 the detention tank must have an open base to infiltrate stormwater to
the groundwater. Note that the ground water and any rock stratum has to be a
minimum of 2.0 metres below the base of the tank.
32. All site stormwater leaving the site must be discharged by
gravity to the kerb and gutter or drainage system at the front of the property.
OR
by
gravity via a private drainage easement through an adjoining private property
(or properties) to the kerb and gutter or drainage system. This condition is
required to provide a satisfactory overland flow route should a storm in
excess of the above parameters occur.
Should
the applicant demonstrate that all reasonable attempts to procure the private
drainage easement referred to in the previous condition have failed, a pump
system (or infiltration system subject to Council's requirements and a
satisfactory Geotechnical Engineers report) will be permitted. However the
detention required must have a minimum factor of safety of 1.5 larger than the
volume required for a 1 in 100 year storm event under these circumstances. The
pump 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 system must also be designed and installed strictly in accordance with
"Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's
Private Stormwater Code.
33. The applicant must provide for a detention volume of up to
the 1 in 100 year, plus an additional 50% of storage volume should no overland
escape route be provided for storms greater than the design storm.
34. A "restriction as to user and positive covenant"
shall be placed on the title of the subject property prior to the issuing of a
final occupation certificate. Such restriction and positive covenant shall
relate to the onsite stormwater detention system and shall not be released,
varied or modified without the consent of the Council.
Notes:
a. The "restriction as to user 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 Asset and Infrastructure Services Department.
b. The linen plans shall indicate the location and
dimensions of the detention/infiltration areas.
This
condition is to ensure that no works which could affect the design function of
the detention system are undertaken without the prior consent (in writing) from
Council.
35. The detention area must be regularly cleaned and maintained
to ensure it functions as required by the design.
36. The stormwater detention area must be suitably signposted
where required, warning people of the maximum flood level.
37. The floor level of all habitable and storage areas must be
at a minimum AHD RL27.730.
38. A childproof and corrosion resistant fastening system shall
be installed on access grates over pits/trenches where water is permitted to be
temporarily stored.
39. 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 system must also be designed and installed strictly in
accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick
City Council's Private Stormwater Code.
40. A work-as-executed plan prepared and signed by the hydraulic
engineer or a registered surveyor, and approved by an accredited certifier,
must be submitted to Council's Director of Asset and Infrastructure Services
prior to the issuing of an occupation certificate, detailing the location of
the detention basin with finished surface levels, contours at 0.2 metre
intervals and volume of storage available. The outlet pipe from the detention
basin to its connection with Council's drainage system, must be indicated on
this plan in conjunction with the following information:
a) location
b) pipe diameter
c) gradient
d) pipe material ie PVC or EW etc
e) orifice size (if applicable)
41. A sediment/silt arrester pit must be provided:-
a) within the site at or near the street boundary prior
to the site stormwater discharging by gravity to the kerb/street drainage
system; and
b) prior to stormwater discharging into any absorption
system.
The
sediment/silt arrestor pit shall be constructed with:-
· The base of
the pit located a minimum 300mm under the invert level of the outlet pipe.
· The pit must
be constructed from cast in-situ concrete, precast concrete or double brick.
· The grate is
to be a galvanised heavy-duty grate that has a provision for a child proof
fastening system.
· A minimum of
4 x 90 mm diameter weep holes located in the walls of the pit at the floor
level with a suitable geotextile material with a high filtration rating located
over the weep holes.
· A galvanised
heavy-duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet
pipe. (Similar to a Mascot GRC stormwater discharge control pit, product code
DS3SDC).
· A child proof
and corrosion resistant fastening system for the access grate (e.g. similar to
a Weldlock spring loaded jay-bolt).
· The inlet
pipeline located on the side of the pit so that the stormwater will discharge
across the face of the screen.
· A sign
adjacent to this pit stating that:
“This
sediment/silt arrester pit shall be regularly inspected and cleaned.”
Note: Sketch
details of a standard sediment/silt arrester pit can be obtained from Council’s
Drainage Engineer.
42. Any Absorption Trenches/Pits must be designed in accordance
with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City
Council's Private Stormwater Code.
43. All drainage details for the site shall be prepared by a
suitably qualified hydraulic consultant who shall, at the completion of the
works, certify that the drainage works have been constructed in accordance with
the approved drainage plans.
Landscape
Conditions
The
following conditions are applied to provide adequate provisions for landscaping
and to maintain reasonable levels of environmental amenity:
44. 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.
45. The naturestrip upon Council's footway shall be maintained
by the applicant in accordance with Council guidelines. Such maintenance shall
include, but not be limited to, watering, mowing, fertilising, and the removal
of weeds.
46. All detention tanks and stormwater infiltration systems
located within the landscaped areas shall have a minimum soil cover of 600mm to
ensure sufficient soil depth to permit the establishment of landscaping on top
of these services as stipulated by these conditions of development consent.
All
stormwater documentation submitted for the construction certificate application
shall show the top of the detention tanks and stormwater infiltration devices
being 600mm below the finished ground level of the landscaped areas.
Tree
Management
47. Approval is granted for the removal of the following trees
subject to the planting of 1 x 45 litre broad canopied replacement tree (not
palm) within the site. The species selected shall be one that will attain a
minimum height of 6 metres at maturity.
a) One Jacaranda mimosifolia (Jacaranda) located within the rear
yard of the site, close to the western property boundary.
Tree
Protection Measures
48. In order to ensure the retention of the Lophostemon
confertus (Brush Box) tree located within the rear yard of the site, close to
the western property boundary in good health, the following measures are to be
undertaken:
a. All detailed architectural, building, demolition,
engineering (structural, stormwater & drainage, services), and landscape
documentation submitted for the construction certificate application shall show
the retention of the existing tree specimen with the position of the tree trunk
and full diameter of the tree canopy clearly shown on all drawings.
b. The tree is to be physically protected by the
installation of protective fencing around the tree using 1.8 metre high steel
mesh/chainwire fencing. This fencing shall be located to a minimum radius of 2
metres from the outside edge of the tree trunk, except for along the existing
property boundary.
This
fencing shall be installed prior to the commencement of demolition and
construction works and shall remain in place until all works are completed.
c. Within this zone there is to be no storage of
materials or machinery or site office/sheds, nor is cement to be mixed or
chemicals spilt/disposed of in the area nor any stockpiling of soil or rubble.
Any
works required within this zone (only as approved on the construction
certificate) shall be under the direction of, and to the satisfaction of, a
suitably qualified Arborist.
d. Watering of the tree (within the fenced off area)
three times a week for the duration of the construction period.
e. The erection of signage on the fence with the
following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT
ENTER".
Advisory
Conditions
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.
ATTACHMENT/S:
1. A4 reduced plans
f
Development
Application Report
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REPORT BY: DIRECTOR OF PLANNING &
COMMUNITY DEVELOPMENT
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Subject Site
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Submissions received
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Ů
North
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LOCALITY
PLAN
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1. EXECUTIVE
SUMMARY
The application has been referred
to the Health, Building and Planning Committee for determination at the request
of Councillors Chris Bastic, Anthony Andrews and Dominic Sullivan. The
estimated cost of development is $200,000.
The application was notified to
adjoining and nearby property owners and four (4) submissions objecting to the
proposal were received.
The main issues relate to
building setbacks, solar access, loss of privacy & the location, siting
& dominance of the proposed double garage and associated driveway.
The application is recommended
for approval subject to conditions to mitigate impacts.
2. THE
PROPOSAL
It is
proposed to carry out alterations and first floor additions to the existing
dwelling house. At ground floor, it is proposed to demolish the back (north)
walls and extend the length of the rear section by 1400mm. It is also proposed
to make extensions to the western side of the dwelling to accommodate a laundry
and toilet.
The
existing front verandah of the house is also to be demolished to accommodate a
double garage and a study. The front entry door is to be relocated from the
side of the building to the front so that it is visible from the street. A
swimming pool and a new shed are proposed in the rear yard.
The first
floor addition is to be located above the existing ground floor footprint and
is to accommodate four (4) bedrooms, bathroom and a rear porch.
3. THE SUBJECT SITE AND SURROUNDING AREA:
The subject site is located on
the northern side of Byng Street between its intersections with Anzac Parade
and Mons Avenue. The site is a regular shaped allotment with a frontage to Byng
Street of 13.72m, a depth of 41.76m and a site area of 572.70sq.m. The site
currently accommodates a single storey dwelling.
Adjoining to the east and west
are single storey dwelling houses at Nos.12 and 16 Byng Street. Adjoining to
the rear are single and two storey dwelling houses having frontage to Haig
Street. The streetscape along this side is fairly consistent in terms of the
building form, design and front setback.
Development in the locality
comprises predominantly single storey dwelling houses, some of which have had
first floor additions.
4. SITE HISTORY
a. APPLICATION HISTORY
DA 356/1999 Development application for alterations to existing
dwelling house including ground floor additions, attic, front fence and
swimming pool was approved on 28 June 1999 with the exception of the double
carport which was to be deleted. The proposed double carport was refused for
the following reasons:-
1. The proposed carport will be out of character with the
adjoining development and adversely impact upon the existing amenity of the
streetscape within Byng Street.
2. The proposed carport does not comply with Council’s 3.7m
fixed building line to Byng St.
3. The proposal does not comply with the siting and design
requirements applying to carports and garages under Clause 7 of Council’s
Development Control Plan No 4- Dwelling House Controls.
4. The proposal does not comply with the aims and objectives
of Council’s Development Control Plan No4- Dwelling House Controls.
A Section 96
application was lodged on 12 June 2003, seeking Council’s consent to amend the
above approval to relocate the approved swimming pool and associated
landscaping. The application is currently under consideration.
5. COMMUNITY CONSULTATION:
The proposal has been notified
in accordance with the Local Environmental Plan 1998. Four (4) submissions
objecting to the proposal were received.
5.1 Objections
I. F & M Dicalfas- 12 Byng Street, Maroubra
Concerns:
· A previous
Development Application (DA 356/1999) for a smaller development was rejected by
Council.
· Non-compliance with
side setback provisions.
· Inappropriate
double garage setback.
· Loss of solar
access.
· Loss of privacy
from rear first floor porch.
· Insufficient
information provided for the pool.
II. A & M Spiteri- 16 Byng St, Maroubra
Concerns:
· Solar Impact.
· Loss of Privacy.
· Side setback
non-compliance.
· Height.
· Aesthetic
appearance (imposing nature of development).
III. S. Castelli- 10 Byng St, Maroubra
Concerns:
· Double garage
setback in front of building line is inappropriate.
IV. J Gabriel – 9 Haig St, Maroubra
Concerns:
· Loss of privacy due
to rear first floor porch.
· Side setback and
excavation of the pool.
These matters are addressed within section 7 of
this report.
6. TECHNICAL OFFICERS COMMENTS
The
application has been referred to the relevant technical officers, including
where necessary external bodies and the following comments have been provided:
6.1 Building and Construction Issues
- BCA classification
Under the Building Code of Australia, the
classification of the building is:
Class 1a-dwelling
- General comments
No objection is raised with respect to compliance with the:
· provisions of the Building Code of
Australia
· environmental health and building
provisions of the Environmental Planning and Assessment Act 1979
6.2 Engineering Issues
No objection is raised, however a number of development
consent conditions are recommended should the application be approved.
7. RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS
The
Development application has been assessed in accordance with the provisions of
the following relevant planning documents:
(a) Randwick Local
Environmental Plan 1998
The
site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and
the proposed activity is permissible with Council’s consent.
7.1 Policy Controls
a.
Development Control Plan –Dwelling Houses and Attached Dual Occupancies
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CONTROLS
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PERFORMANCE
REQUIREMENTS
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PREFERRED
SOLUTIONS
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COMPLIANCE
(How
applicant has achieved Performance Requirements or
Preferred
Solutions).
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SOLAR ACCESS
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P1 New
dwellings must achieve (Nathers) rating of 3.5 stars.
Design minimise energy
for heating, cooling.
High thermal mass
materials.
Solar hot water
systems.
Insulated hot water
pipes.
Hot water tanks and
heaters close to rooms where hot water used.
Cooking tops located
away from windows, fridges and freezers.
Task lights.
Maximised natural lighting.
Ceiling and wall
insulation to AS2627.1-1993.
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S1 New
dwellings provide certificate complying with a minimum (Nathers) rating of
3.5 stars or equivalent.
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N/A
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P2
Orientation and design maximises solar access to living areas and open space.
P3
Design minimises use of mechanical appliances.
P4
Roof area suitable for solar collectors and photovoltaic cells.
P5
Building materials, appliances minimise energy requirements.
P6
External clothes drying area available.
P7
Landscape design assists microclimate management.
P8
Windows sized to reduce summer heat and permit winter sun.
P9
Design and siting of buildings, alterations minimises loss of solar access to
neighbours.
P10
Construction materials are energy efficient and recyclable.
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S2
North-facing windows to living areas receives at least 3 hours of sunlight
over part of their surface between 9.00am and 3.00pm on 21 June.
S2
Private open space
receives
3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21
June.
S8
North-facing windows to living areas receives at least 3 hours of sunlight
over part of their surface between 9.00am and 3.00pm on 21 June.
S9
Solar access to solar collectors on adjacent buildings maintained between
9.00am and 3.00pm each day.
S9
North-facing windows to living areas of neighbours receive 3 hours of
sunlight over part of their surface between 9.00am and 3.00pm on 21 June. If
less available the amount is not reduced.
S9
Neighbour’s principal outdoor receives 3 hours of sunlight over part of its
area between 9.00am and 3.00pm on 21 June. If less available the amount is
not reduced.
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Complies.
Complies
Family
room orientated to north.
None
proposed.
Double
brick construction at ground and fibro cement sheets at first floor, and
terra cotta roof tiling.
Complies
N/A.
Complies.
Western windows to first floor are limited to bedroom and bathroom.
Complies.
Solar collector on adjacent building is orientated to the north.
Complies.
Complies
Complies.
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WATER MANAGEMENT
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P1
Stormwater disposal systems:
collect and drain to a
suitable disposal system;
do not adversely
affect existing downstream systems;
fit in with hydrology;
use on–site stormwater
infiltration;
maximise opportunities
for stormwater re-use stormwater;
retain existing trees.
P2
Water consumption minimised inside dwelling .
P3
Water consumption minimised to landscaping.
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S1
Stormwater is graded and drained via a gravity system to Council’s street
gutter; or to a suitable absorption system.
S1
Rainwater tanks or other storage systems collect roof run-off.
S2
Triple A rated fixtures. Dual flush toilets installed.
S3
Landscaped area: contain low water demand plant species and design.
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Stormwater
to be drained to Council’s street system.
Not
proposed.
See standard
conditions - ESD.
Landscape
plan not required for this application.
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LANDSCAPING & OPEN
SPACE
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P1
Landscaped areas suit requirements of the dwelling occupants.
P2
Location and design of private open space:
allows year-round use
minimises impact on
neighbours
addresses privacy and
sun access
addresses surveillance,
privacy and security.
P3
Local indigenous plant species used.
P4
Existing trees and shrubs retained.
P5
Planting will not obscure or obstruct dwelling entities or personal safety.
P6
Unpaved or unsealed landscaped areas are maximised.
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S1 40%
of the total site area is landscaped.
S1 252m
of useable private open space per dwelling.
S1
Minimum dimensions are 3m x 4m.
S1
Private open space is located behind the building line.
S6 20%
of the site area is permeable.
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Complies.
Complies.
Complies.
Complies.
Complies.
Landscape
plan not required
Complies.
Complies.
Complies.
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FLOOR AREA
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P1
Building bulk must be compatible with surrounding built forms, minimise
effects on neighbours and streets.
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FSR
<300m2
0.65:1
>30
to 450m2 0.6:1
451-600m2
0.9-Site Area(m2)
1500
>600m2
0.5:1
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Site
Area =572.70sq.m Preferred FSR is 0.52:1. Proposed gross floor area
calculates to 311sqm. FSR is 0.54:1.
Does
not comply.
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HEIGHT, FORM &
MATERIALS
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P1
Height relates to surrounding streetscape.
P2
Designed to enhance built form and character of street.
P3
Design relates to the topography with minimal cut and fill.
P4
Design preserves privacy and natural light access to neighbours.
P5
Second storey of a semi-detached dwelling integrates with streetscape and
adjoining dwelling.
P6
Design allows view sharing.
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S1
Maximum 7m external wall height for house or attached dual occupancy.
S3 Cut
or fill does not exceed 1m.
S3 No
excavation within 900mm of side boundary.
S3
Excavation does not occur within 3m of rear boundary
S4
Length of second storey portion is not greater than 12m at less than 1.5m
from a southern boundary.
S5
Second storey potion of a semi is confined within an existing roof space or
setback from the front elevation and respects the symmetry of the adjoining
semi.
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Proposed
wall height = max 6.40m. Complies.
Complies.
Complies.
Complies.
N/A.
Length
of second storey is 11.8m. Complies.
N/A.
No
significant views available.
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BUILDING SETBACKS
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Front
Setback
P1
Generally conforms with adjoining development or dominant setback along
street.
Rear
Setback
P2
Allow neighbours adequate access to natural light, view sharing and retains
trees and vegetation.
Side
Setback
P3
Allow occupants and neighbours adequate access to natural light, daylight and
fresh air.
Side
setbacks on corner allotments must integrate with established setbacks of
both streets and maintain the streetscape.
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Front
Setback
S1 The
average of adjoining dwelling or 6m setback where no adjoining dwelling.
Rear
Setback
S2 No
closer than 4.5m.
Side
Setbacks
S3
900mm for any part over 1m above ground level up to one level in height.
1.5m
for any part of a building, two levels at that point.
3.0m
for any part of a building more than two levels at that point.
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Front
setback of double garage encroaches average of adjoining buildings. Does not
comply.
Rear
setback approx.12.0m.
Complies.
First
floor eastern wall encroaches the preferred setback of 1.5m by 600mm. Refer
to section 8 of report.
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VISUAL & ACOUSTIC
PRIVACY
SAFETY AND SECURITY
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P1
Overlooking neighbouring internal living areas and private open spaces is
minimised.
P2
Balconies provide adequate privacy for occupants.
P3
Dwellings close to noise sources such as busy roads or industry designed to
provide comfortable living and sleeping environment.
P1
Buildings provide comfortable living and sleeping environment.
P2
Entries are readily identifiable.
P3
Front fences, landscape areas and driveways promote safety and security.
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S1
Habitable room windows with direct outlook to others windows within 9m are
offset by more than 45 degrees or have fixed obscure glazing or sill height
to 1.5m.
S1
Direct view into the private open space of adjoining dwelling is obscured or
screened within 9m.
S3
Buildings comply with
•AS-2107:
Acoustics – recommended design sound levels and reverberation times for
building interiors.
S1,2,3
Front doors visible from street.
S1,.3
At least one habitable room window overlooks the street.
S2
Street number displayed.
S3
Fences comply with fencing requirements.
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Complies.
Complies.
Does
not comply.
Refer
to Section 8 of report.
N/A.
Complies.
Complies.
Complies.
Complies.
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GARAGES, DRIVEWAYS & CAR
PARKING
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Note:
Council’s car parking DCP requirements:
1-2
bedroom 1 space
3
bedroom 2 spaces
P1 Are
located and designed for convenience and safety.
enable
the efficient use of car spaces.
safe,
efficient, adequate manoeuvrability.
P2 Do
not breach the predominant building line.
P3 Do
not detract from the streetscape and are compatible with the dwelling.
P4 Car
parking areas and accessways facilitate stormwater infiltration on site.
P6
Uncovered parking areas suitably landscaped.
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S1 Car
parking spaces have minimum dimensions of 5.5 metres x 2.5 metres.
Driveways
have a minimum width of three metres and are set back at least one metre from
the side boundary (max width 3m at boundary).
Driveway
gradients have a maximum of 1 in 6. The gradient for the first 5m from street
not more than 1 in 8.
Garages
and carport to a rear lane are 1m setback.
S2
Carports and garages located behind the building where rear access available,
or behind building line where front access available.
S2
Driveways, car parking facilities <35% of frontage.
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Complies
Complies.
Does
not comply. Refer to Section 8 of report.
Does
not comply. 43% of frontage proposed. Refer to Section 8 of report.
Complies.
N/A
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FENCES
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P1
Front fences are integrated with streetscape.
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S1
Sandstone fences and walls are retained/recycled.
Solid
front fences in front of the building line no higher than 1.2m.
Fences
in front of the building line no higher than 1.8m with upper two thirds at
least 50% open. (Not applicable in Heritage Conservation Areas).
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Complies.
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8. ENVIRONMENTAL ASSESSMENT
The site
has been inspected and the application has been assessed having regard to
Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.
8.1 Development Control Plan- Dwelling Houses and Attached
Dual Occupancies
a. Setbacks
The objectives and performance
requirements of the DCP seek to ensure that there is adequate access to
sunlight, daylight and fresh air to building occupants and neighbours, and with
respect to front boundary setbacks that the proposal generally conform with the
adjoining buildings or dominant streetscape.
Preferred solutions include that
side setbacks be 900mm for any part of the building at ground level and 1.5m at
first floor level, and that no part of the building is closer than 4.5m from
the rear boundary.
In relation to the front setback,
this matter is discussed below in the report under the heading of Garages &
Driveways.
In relation to side setbacks, the
proposal encroaches the preferred solution side setback by 600mm for the
stairwell and bathroom on the eastern upper level. Given that there will be no
significant amenity impact occurring to adjoining neighbours in respect to
overlooking or additional overshadowing, and to building occupants in term of
adequate access to sunlight, daylight and fresh air, the proposal is considered
acceptable in this regard. The performance requirements of the DCP in relation
to side boundary setbacks will be satisfactorily met.
b. Garages & Driveways
The
objectives and performance requirements of the DCP include that car parking and
driveways are not visually obtrusive and do not detract from the appearance of
the dwelling and the streetscape, and structures are compatible in scale, form,
materials and finishes with the associated dwelling.
Preferred solutions include that
car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have
minimum width of 3m and are set back at least 1m from the side boundary,
parking is located behind the building line and driveways, car parking spaces
and structures do not occupy more than 35% of the width of the allotment.
It
is proposed to demolish the existing rear garage and incorporate a double
garage into the building. The double garage is to be setback at 4.0m from the
front boundary and 1.0m from the side boundary. The proposed garage has a width
of 6.0m, occupying around 43% of the width of the site.
The
proposal will not satisfy the preferred solution in the Development Control
Plan that stipulates that driveways, car parking spaces and car parking
structures do not occupy more that 35% of the width of the site. The proposed
sitting / location of the double garage is considered to be large, bulky and
visually obtrusive. It will dominate and detract from the appearance of the
development and the local streetscape. The properties along Byng Street in close
proximity to the subject site, provide car spaces discreetly at the side of the
dwelling or behind in the rear yard, except in the case of isolated exceptions,
which is a double garage at No 2 Byng Street. There is no other precedent along
Byng Street, which has a large double garage at the front. The proposed 4.0m
setback for the double garage is considered inappropriate and also protrudes in
front of the existing building alignment of 6.3m and encroaches forward of the
adjoining property’s front setback. It is to be noted that the submitted survey
plan indicates that there is a front setback of 5.0m for the adjoining building
at No 12 Byng Street and a 6.6m front setback for No 16 Byng Street. The
proposed garage will be forward of both these neighbouring buildings.
In order to reduce the impact on
the streetscape and increase the front setback of the development (so that it
is consistent with the setbacks of the adjoining development), it is
recommended that a condition be attached that a double carport be provided in
lieu of the proposed double garage. A minimum setback of 5.0m from the front
property boundary is to be provided to the carport by reducing the area
proposed for the study room.
Given the fact that rear access
to the property is unavailable from a rear lane and Council’s DCP requires 2
car parking spaces for a dwelling with 3 or more bedrooms, the condition to be
imposed as recommended for the car parking spaces is considered reasonable. In
addition, should the application be approved, a further condition is also to be
imposed that the driveway to the double garage be splayed so that it is no
greater than 3.0m at the front boundary, in order to minimise paved areas &
increase front landscape areas.
c. Visual
& Acoustic Privacy
The objective of the DCP is to ensure that new buildings
and additions meet the occupant and neighbours requirements for visual and
acoustic privacy.
The performance requirements
include that overlooking of internal private living areas is minimised through
appropriate building layout, location and design of windows and balconies and
where necessary, separation, screening devices and landscaping.
The provision of a porch to the
rear upper level of the dwelling will have some impact upon the amenity of the
adjoining premises in that the balcony will result in overlooking of the rear
yard areas of the adjoining premises. It is to be noted however that the
proposed porch is accessible from a bedroom only and that some screening is
proposed at the eastern side. Concern is raised the proposed balcony is located
at the rear and is substantial in dimensions (3.3m x 4.0m). In order to reduce
the bulk of the porch and rear of the dwelling and to preserve a satisfactory
degree of privacy, it is recommended that the porch area be reduced in width
from 3.30m to no greater than 1.5m in dimension and 1.8m high privacy screens
are to be provided at the eastern and western sides.
Concerns are raised from the
adjoining premises that the proposed swimming pool to the eastern boundary of
the site will result in noise and visual privacy impacts. Given that the
swimming pool is for private use only and the setbacks for the pool from the
property boundaries is consistent with the Preferred Solution for side
setbacks, it is not considered that the proposed pool will not have any
unreasonable effect on neighbour’s privacy. Contrary to the issues raised by
the objector at No 12 Byng St in relation to the proposed pool, the details
provided by the applicant for the proposed pool are considered sufficient to
properly assess the application. Should approval be granted, a condition is to
be attached that all excavations and back filling associated with the erection
of a swimming pool must be executed safely in accordance with appropriate professional
standards and that pool fencing be installed.
d. Floor Space
The objective and performance
requirements of the DCP are that developments are not excessive in bulk or
scale, compatible with the existing character of the locality and also minimise
adverse effects of bulk on neighbours and the street.
The preferred solution for an
allotment of this area is that a maximum floor space ratio of 0.52:1 applies.
The applicant’s plans state that the gross floor area is 300sqm with an FSR of
0.52:1. However, an examination of the plans reveals that the gross floor area
is approximately 311 sqm, resulting in an FSR of 0.54:1. The proposal therefore
does not comply with the preferred solutions of the DCP, as an extra 11 square
metres of usable area is proposed over the maximum permitted.
The variation proposed in floor
space is considered to be minor. As discussed above in the report, a condition
is to be imposed that the areas for the study room be reduced by increasing the
setback of the carparking spaces. Such modification to the design of the
development will assist in reducing the bulk and scale of the development. In
addition, a site inspection revealed that there are a number of dwellings
within the locality (across the road) which have been recently constructed that
are similar in bulk to the proposed development.
It is considered that with the
imposition of the recommended conditions, the proposed development can satisfy
the performance requirements and the objectives of the DCP in relation to FSR. In
this respect, the proposed development will result in a gross floor area of
approximately 5sqm over the maximum of the Preferred Solution. The variation
proposed to the FSR preferred solution is considered satisfactory in this
regard as it will not unduly impact on the amenity of the immediate adjoining
premises in terms of overshadowing and privacy.
e. Solar Access and loss of natural light.
The
overall objectives of the DCP seek to ensure that development promotes and has
regard to the concept of Ecologically Sustainable Development. In this respect
the objectives promote energy efficiency in design and construction, the use of
appropriate resources, encourage the use of passive solar design, and protect
solar access enjoyed by the adjoining premises.
The preferred solutions of the
DCP include that private open spaces, outdoor recreation areas and north facing
windows to the subject and adjoining premises receive at least 3 hours of
sunlight over at least part of their surface between 9.00am and 3.00pm during
the winter equinox. If less than the preferred solution is currently available
access to sunlight should not be reduced.
It should be noted that amendment
to the DCP has been adopted which replace the performance requirement that 3
hours of sunlight be available over at least part of the surface of the
adjoining premises between 9.00am to 3.00pm with the following;
The design
and siting of new buildings, alterations and additions to existing buildings
and landscaping minimises loss of solar access to neighbouring properties.
Solar access is to be maximised to the north facing windows of living areas and
the principal outdoor recreation space of neighbouring dwellings”
The
shadow diagrams submitted with the application indicate that the north facing
rear yards and living area windows of the adjoining dwelling houses will
receive more than 3 hours of direct sunlight between 9.00am and 3.00 pm on June
21. Although additional overshadowing will occur during the early morning
period onto the adjoining owners at no 12 Byng St and the late afternoon period
onto the adjoining owners at no 16 Byng St, the shadowing impacts are
considered acceptable. There is to be no overshadowing impact caused by the
proposed development from approximately 12.00 midday till 1.00 pm in winter on
the objector’s premises as shadows will fall mainly into the front yard of the
subject site and Byng Street. The performance requirements of the DCP in
relation to solar access to neighbouring properties will therefore be met.
f. Imposing nature of development
The two-storey nature of the
proposed building is consistent with existing two storey building forms along
Byng Street. The recommendation to delete the proposed garage, replace it with
a carport and set it back 5 metres from the front boundary will assist in
reducing the visual bulk of the development.
The proposed building is to be of
double brick at ground floor and fibro cement sheets at first floor with terra
cotta tiled hipped roof forms. Should the application be approved, a condition
is recommended to be attached that the colours, textures and materials of the
proposed development is required to be compatible, in keeping & to match,
as closely as possible the existing external walls of the building.
The proposal is acceptable in this regard.
g. Height
The objectives of the DCP are
that developments should not be excessive in height and scale and are
compatible with the existing character of the locality, and with respect to
additions that they not detract from the individual character and appearance of
the existing dwelling.
The relevant performance
requirements are that the height of buildings should relate to those in the
existing streetscape and buildings be designed to enhance the existing
desirable built form character of the street by adopting where relevant
characteristics of mass and proportion, materials and finishes, roof form and
pitch, façade articulation, window and door location and proportions, and
verandas, eaves and parapets. Preferred solutions include that the external
wall height of the building not exceed 7m, the length of a second storey
portion is no greater than 12m at less than 1.5m from a side boundary.
The proposed external wall height
is 6.40m, which satisfy the preferred solutions of the DCP.
h. Refusal of previous proposal for a smaller addition
The claim that the previous
development application (DA 356/1999) was refused is incorrect. The previous
Development Application was approved by Council on 28 June 1999 for alterations
to existing dwelling house, ground floor additions, attic extension, front
fence and swimming pool with the exception of the double carport & bathroom
/ laundry on the west wing (which was the only element that was refused by
Council).
The deleted carport had a
proposed width of 5.5 metres and a proposed depth of 6.3 metres. It was to be
located 0.45 metres from the eastern side boundary and was to have a nil
setback from the front property boundary. It was to have a gable roof similar
to that incorporated into the proposed parking structure of the subject
development application.
On 20 July 1999, a Section 82 (A)
review was lodged to Council in an attempt to delete the condition of consent
to remove the erection of a double carport (carport was wholly located in front
of the building line adjacent to the eastern boundary). The applicant withdrew
this Section 82 (A) application prior to determination. The previous
development application approval to the ground floor component is still valid
and at this point in time may be built.
9. CONCLUSION
The
proposal performs satisfactorily in relation to all relevant assessment
criteria and the application is recommended for approval. In order to minimise
privacy loss to the adjoining properties in the locality, it is not considered
unreasonable to require the reduction in the size of the rear porch. Also, in
order to improve the dominating effect of the double garage and the development
be sympathetic with the streetscape, it is considered appropriate that the carparking
spaces be redesigned & a greater front setback be provided to allow for a
more complimentary & sympathetic development that will be more in keeping
with the character of the streetscape & adjoining properties.
10. RECOMMENDATION:
A. THAT
Council as the responsible authority grant its development consent as a Deferred
Commencement under Section 80 and 80A of the Environmental Planning and
Assessment Act 1979 (as amended) to Development Application No D/0322/2003 for
Ground and first floor additions to the existing dwelling house including new
swimming pool, new double garage and associated landscaping at 14 Byng Street,
Maroubra subject to the following conditions: -
Deferred Commencement
Condition
The consent is not to operate
until the following amendments to the proposal have been submitted to and
approved by the Acting Director of Planning and Community Development.
1. The proposed garage is considered to be a dominant
structure and bulky in the context of the streetscape and adjoining properties.
In order to improve the appearance of the streetscape and adjoining properties,
the proposed double garage is to be redesigned to become a double carport.
This redesign will comprise the removal of the proposed enclosing walls to the
east and west and the removal of the garage door. To retain security to the
site, gates may be installed along the front boundary of the site in a manner
consistent with the proposed front fence.
2. The double carport (referred to in Condition 1 above) is to
be setback a further 1 metre from the front property boundary to be more
consistent with the front setback of the building at 12 Byng Street and be less
dominating to the streetscape. The setback of the garage will reduce the
dimensions of the proposed Study to 2.9m x 4.3m metres. These changed
dimensions will require the window of the proposed Study to be relocated
further to the north. Alternatively, an additional window may be fitted to the
northern wall of the proposed Study.
Development Consent Conditions
Subject to compliance with the
deferred commencement condition, to the satisfaction of the Director of
Planning, development consent is granted under Section 80 and 80A of the
Environmental Planning and Assessment Act 1979 and as amended subject to the
following conditions:
3. The development must be implemented substantially in
accordance with the plans comprising three (3) sheets numbered 1/3 (a), 2/3
(a), 3/3 (a) dated March 03 and received by Council on 24 April 2003, the
application form and on any supporting information received with the
application, except as may be amended by the following conditions:
The following conditions are applied to
satisfy the provisions of section 79C of the Environmental Planning and
Assessment Act 1979 and to maintain reasonable levels of environmental amenity:
4. The colours, materials and finishes of the external
surfaces to the building are to be compatible with the adjacent development to
maintain the integrity and amenity of the building and the streetscape.
Details of the
proposed colours, materials and textures (i.e. a schedule and brochure/s or
sample board) are to be submitted to and approved by Council’s Director of
Planning & Community Development, in accordance with section 80A (2) of the
Environmental Planning and Assessment Act 1979 prior to:
a) a construction certificate being issued for the
proposed development.
b) commencement of any building works.
5. The driveway for the double carport is to be splayed so
that it is no greater than 3.0m at the front boundary in order to reduce the
paved areas and increase the landscape area at the front yard. Details are to
be shown on the Construction Certificate application.
6. Street numbering must be provided to the premises in a
prominent position, to the satisfaction of Council.
7. The proposed rear porch at first floor is be reduced in
width from 3.30m to no greater than 1.5m in dimension and 1.8m high privacy
screens are to be provided at both the eastern and western sides, in order to
preserve a satisfactory degree of privacy to the adjoining properties and
reduce the bulk of the proposed development.
8. Lighting to the premises shall be designed so as not to
cause a nuisance to nearby residents or motorists and to ensure that light
overspill does not affect the amenity of the area.
9. The consumption of
water within the building shall be minimised by the use of triple A rated water
efficient plumbing fixtures (taps and shower roses) and water efficient dual
flush toilets. Details of compliance are to be provided in the construction
certificate plans or specifications.
10. The provisions of Councils tree preservation order are
strictly to be observed and it is a requirement that the applicant or their
representative obtain any necessary consent required under the tree
preservation order.
Should compliance require amendment to the plan an
amended development application is required to be submitted for consideration
and approval prior to work commencing
The following
group of conditions have been applied to ensure that adequate drainage is
provided from the premises and to maintain adequate levels of health and
amenity in the locality:
11. Surface water/stormwater must be drained and discharged to
the street gutter and details are to be included in the construction
certificate details for the development.
Details of any
works proposed to be carried out in or on a public road/footway are to be
submitted to and approved by Councils Director of Planning and Environment
prior to commencement of works.
12. External paths and ground surfaces are to be graded and
drained away from the building and adjoining premises in such a manner so as
not to result in the entry of water into a building, or cause a nuisance or
damage to the adjoining premises.
The following
conditions are applied to satisfy the relevant pollution control criteria and
to maintain reasonable levels of health, safety and amenity to the locality:
13. There are to be no emissions or discharges from the
premises, which will give rise to an offence under the Protection of the
Environment Operations Act 1997 and Regulations.
The following conditions are
applied to ensure that the development satisfies the provisions of the Environmental
Planning and Assessment Act 1979 and Regulations:
14. All new building work must be carried out in accordance with
the provisions of the Building Code of Australia (BCA), in accordance with
Clause 98 of the Environmental Planning and Assessment Regulation 2000.
15. In accordance with clause 98 of the Environmental
Planning and Assessment Regulation 2000, it is a prescribed condition, that
in the case of residential building work, a contract of insurance must
be obtained and in force, in accordance with the requirements of the Home
Building Act 1989.
Where the work is to be done by a licensed contractor,
excavation or building work must not be carried out unless the Principal
Certifying Authority (PCA):
· has been informed
in writing of the licensee’s name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the Home
Building Act 1989, or
Where the work to be done by any other person (i.e. an owner
builder), excavation or building work must not be carried out unless the
Principal Certifying Authority:
· has been informed
of the person’s name and owner-builder permit number, or
· has been given a
declaration, signed by the owner of the land that states that the market cost
of the labour and materials involved in the work does not exceed $3,000.
Details of the
builder and compliance with the provisions of the Home Building Act 1989
are to be submitted to Council prior to the commencement of works, on the
notice of appointment of the PCA / Intention to commence building work.
The
following group of conditions has been applied to ensure the structural
adequacy and integrity of the proposed building and adjacent premises:
16. A Certificate of Adequacy prepared by a professional
engineer shall be submitted to the certifying authority (and the
Council, if the Council is not the certifying authority) prior to
construction certificate being issued for the development, certifying the
structural adequacy of the existing structure to support the additional storey.
The following conditions are applied to
ensure that the development satisfies the terms of Council's approval and
relevant standards of construction, and to maintain adequate levels of health,
safety and amenity during construction:
17. All demolition work
is to be carried out in accordance with the provisions of AS2601-1991 The
Demolition of Structures, as in Force at 1 July, 1993.
18. A copy of the construction certificate, the approved plans
& specifications and development consent conditions must be kept on the
site at all times and be available to the Council officers upon request.
19. The building works are to be inspected by the principal
certifying authority (or other suitably qualified person on behalf of the
applicant) to monitor compliance with Councils approval and the relevant
standards of construction.
Documentary
evidence of compliance with Councils approval and relevant standards of
construction, is to be maintained by the principal certifying authority.
20. A Registered Surveyors check survey certificate or compliance
certificate is to 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), detailing compliance with Councils approval at the following
stage/s of construction:
(a) Prior to construction of the first completed floor/floor
slab (prior to pouring of concrete), showing the area of land, building and
boundary setbacks and verifying that the building is being constructed at the
approved levels.
(b) On completion of the erection of the building showing the
area of the land, the position of the building and boundary setbacks and
verifying that the building has been constructed at the approved levels.
21. Building and demolition works must only be carried out
between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between
8.00am to 5.00pm on Saturdays and all building activities are strictly
prohibited on Sundays and public holidays, except with the specific written
authorisation of Councils Manager of Environmental Health & Building
Services.
22. A sign must be erected on the site in a prominent, visible
position, prior to commencing any demolition, excavation or building works,
stating that ‘unauthorised entry to the site is prohibited’ and showing the
name of the person in charge of the work site and a telephone number at which
the person may be contacted outside working hours.
In the case of
residential building work, the sign is also required to detail the licence
number of the building contractor or the permit number of the owner-builder,
in accordance with the Home Building Act 1989 and Regulations.
23. Temporary toilet facilities are to be provided, at or in the
vicinity of the work site throughout the course of demolition and construction,
at the rate of one toilet for every 20 persons or part of 20 persons employed
at the site and the toilet facilities must be connected to a public sewer or
other sewage management facility approved by Council.
24. Noise emissions
during the construction of the building and associated site works must comply
with the relevant provisions of the Protection
of the Environment Operations Act 1997 & the Noise Control Manual
published by the Environment Protection Authority, except as may be amended by
the conditions of this approval.
25. Building materials, sand, waste materials or construction
equipment must not be placed upon the footpath, roadway or nature strip at any
time.
26. Bulk bins/waste containers must not be located upon the
footpath, roadway or nature strip at any time without the prior written consent
of the Council, unless the waste container is located upon the road in
accordance with the Roads & Traffic Authority Guidelines and Requirements,
and the container is exempt from an approval under Council’s Local Approvals
Policy.
27. During construction stages, sediment laden stormwater
run-off shall be controlled using the sediment control measures outlined in the
manual for managing Urban Stormwater - Soils and Construction, published by the
NSW Department of Housing.
Details of the
proposed sediment control measures must be submitted to and approved by the
principal certifying authority prior to the commencement of any site works.
The sediment and erosion control measures must be implemented prior to the
commencement of any site works and a copy of the approved details must be made
available to Council officers upon request.
28. Stockpiles of soil, sand, aggregate or other materials must
not be located on any drainage line, natural watercourse, footpath, roadway or
any public place and the stockpiles must be protected with adequate sediment
control measures.
Building
operations such as brick cutting, washing tools or equipment and mixing mortar
are not permitted on public footpaths, roadways, in any public place or any
location, which may lead to the discharge of materials into the stormwater
drainage system.
29. A warning sign for soil and water management must be
displayed in a prominent position on the building site, visible to both the
public and site workers. The sign must be displayed throughout the
construction period. Copies of a suitable warning sign are available at
Councils Customer Service Centre for a nominal fee.
30. Public access to the site and building
works, materials and equipment on the site is to be restricted, when work is
not in progress or the site is unoccupied.
A temporary hoarding or fence is to be provided to protect the
public, located to the perimeter of the site (unless the site is separated from
the adjoining land by an existing structurally adequate fence, having a minimum
height of 1.5 metres). Hoardings or fences are to have a minimum height of 1.8
metres and be constructed of solid plywood sheeting (painted white) or of
cyclone wire fencing with geotextile fabric attached to the inside of the
fence, to provide dust control.
Hoardings or fences are to be structurally adequate and be
constructed in a good and workmanlike manner and the use of poor quality
materials or steel reinforcement mesh as fencing is not permissible.
The public
safety provisions and temporary fences must be in place prior to the
commencement of any demolition, excavation or building works and be maintained
throughout construction.
The following conditions are applied
to ensure that reasonable levels of fire safety are provided in the building:
31. Smoke alarms are required to be installed in each Class 1
building or dwelling in accordance with the relevant provisions of Part 3.7.2
of the B.C.A. - Housing Provisions.
Smoke alarms
must comply with AS 3786 - Smoke alarms and be connected to the consumer mains
electric power supply and provided with a battery back-up.
The smoke alarms are to be installed in suitable
locations on or near the ceiling, in any storey containing bedrooms; located
between each part of the dwelling containing the bedrooms and the remainder of
the dwelling, or where bedrooms are served by a hallway, the smoke alarms are
to be located in that hallway; and smoke alarms are to be installed in any
other storey not containing bedrooms, to the satisfaction of the certifying
authority.
Smoke alarms
are not be located in >dead-air
spaces=, in the corner
junction of walls and ceilings between exposed rafters/joists or at the apex of
raked ceilings, as detailed in Part 3.7.2 of the B.C.A. - Housing Provisions.
Details of
compliance with the provisions of the Building Code of Australia must be
included in the plans / specification for the construction certificate.
32. All excavations and back filling associated with the
erection of a swimming pool must be executed safely in accordance with
appropriate professional standards and excavation are to be properly guarded
and protected to prevent them from being dangerous to life or property.
The following conditions are applied to ensure
compliance with the Swimming Pools Act 1992 and to maintain public safety and
amenity:
33. Swimming
pools are to be provided with childproof fences and self-locking gates, in
accordance with the Swimming Pools Act 1992
and regulations.
The swimming pool is to be
surrounded by a fence having a minimum height of 1.2m, that separates the pool
from any residential building situated on the premises and from any place
(whether public or private) adjoining the premises; and that is designed,
constructed and installed in accordance with AS 1926-1986.
Gates to pool area shall be a
maximum width of 1 metre, and be self-closing and latching; the gate is
required to open outwards from the pool area and prevent a small child opening
the gate or door when the gate or door is closed.
Temporary pool safety fencing is
to be provided pending the completion of all building work and the pool must
not be filled until a fencing inspection has been carried out and approved by
the principal certifying authority.
A sign shall be erected in a
prominent position in the immediate vicinity of the swimming pool, in
accordance with the document entitled “Policy Statement No.9.4.1: Guidelines
for the Preparation of Posters on Resuscitation”, published in 1985 by the
Australian Resuscitation Council and the sign must bear a notice that contains
the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”,
together with details of resuscitation techniques (for adults, children and
infants) set out in accordance with the document entitled “Cardio Pulmonary
Resuscitation” published by the Australian Resuscitation Council.
34. Swimming
pools are to be designed and installed in accordance with the following general
requirements:-
· Backwash
of the pool filter and other discharge of water is to be drained to the sewer
in accordance with the requirements of the Sydney Water Corporation.
· All
pool overflow water is to be drained away from the building and adjoining
premises, so as not to result in a nuisance or damage to premises.
· Pool
plant and equipment is to be enclosed in a sound absorbing enclosure or
installed within a building, to minimise noise emissions and possible nuisance
to nearby residents.
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The following
conditions are applied to provide adequate security against damage to
Council’s infrastructure:
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35. The following vehicular crossing deposit requirement is to
be complied with prior to a construction certificate being issued for the
development, as security for Council or a Council approved subcontractor to
construct the vehicular crossing.
a) $700.00 - Vehicular
crossing deposit
The vehicular crossing deposit may be provided by way of cash
or cheque with the Council and is refundable upon the completion of the Council
vehicular crossing by Council or a Council approved subcontractor.
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The following conditions are applied to provide adequate provisions
for access, transport and infrastructure:
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36. The applicant must meet the full cost for Council or a
Council approved contractor to:
a. Construct concrete vehicular crossing and layback at kerb
opposite the proposed vehicular entrance to the site.
b. Remove the redundant concrete vehicular crossing and layback and
to reinstate the area with concrete footpath, turf and integral kerb and gutter
to Council's specification.
37. The applicant must meet the full cost for Council or a
Council approved contractor to repair/replace any damaged sections of Council's
footpath, kerb & gutter, nature strip etc which are due to building works
being carried out at the above site. This includes the removal of cement slurry
from Council's footpath and roadway.
38. The applicant shall note that all external work, carried out
on Council property, shall be in accordance with Council's Policy for
"Vehicular Access and Road and Drainage Works". An application for
the cost of the Council civil works is to be submitted to Council at the
completion of the internal building works. An application fee shall be payable
to Council for the quotation of the required works. The applicant may elect to
use his contractor for the required works, subject to Council approval, however
a design and supervision fee based on the lowest quotation from Council's
nominated contractor will be required to be paid prior to the commencement of
any works.
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The following conditions are applied to provide adequate provisions
for future civil works in the road reserve:
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39. The Council’s Department of Asset & Infrastructure
Services has inspected the above site and have determined that the design
alignment level (concrete/paved/tiled level) at the property boundary for
driveways, access ramps and pathways or the like, must match the back of the
existing footpath along the full site frontage.
Any enquiries regarding this matter should be
directed to Council’s Assets & Infrastructure Services Department on 9399
0923.
The design alignment level at the property boundary must be strictly
adhered to.
40. The design alignment levels (concrete/paved/tiled level)
issued by Council and their relationship to the 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.
41. The above alignment levels and the site inspection by
Council’s Department of Asset & Infrastructure Services have been issued at
a prescribed fee of $68.20 (inclusive of GST). This amount is to be paid prior
to a construction certificate being issued for the development.
The
following conditions are applied to provide adequate consideration for service
authority assets:
42. A public utility impact assessment must be carried out on
all public utility services on the site, roadway, nature strip, footpath,
public reserve or any public areas associated with and/or adjacent to the
development/building works and include relevant information from public utility
authorities and exploratory trenching or pot-holing, if necessary, to determine
the position and level of service.
43. The applicant must meet the full cost for telecommunication
companies, gas providers, Energy Australia and Sydney Water to
adjust/repair/relocate their services as required. The applicant must make the
necessary arrangements with the service authority.
The following conditions are
applied to provide adequate provisions for landscaping and to maintain
reasonable levels of environmental amenity:
44. That part of the naturestrip upon Council's footway which is
damaged during the construction of the proposed works shall be excavated to a
depth of 150mm, backfilled with topsoil equivalent with 'ANL Organic Garden
Mix', and re-turfed with Kikuyu turf. Such works shall be completed at the
applicants expense prior to the issue of the Occupation Certificate.
The
naturestrip upon Council's footway shall be maintained by the applicant in
accordance with Council guidelines. Such maintenance shall include, but not be
limited to, watering, mowing, fertilising, and the removal of weeds.
45. In order to visually 'soften' the expanses of hard pavement,
brick unit pavers (or similar) shall be used throughout the driveway and
carpark areas on the site. Such details shall be shown on the detailed
engineering documentation and shall include all structural design details
including pavement/subgrade thickness.
Such details
shall be in accordance with the relevant Australian Standard and shall be
submitted to, and approved by, the Principal Certifying Authority, prior to the
issue of the Construction Certificate.
Advisory Conditions
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.
ATTACHMENT/S:
A4 Configurations
Acting Director Planning & Community Development's
Report 60/2003
REPORT
BY: DIRECTOR PLANNING & COMMUNITY
DEVELOPMENT
INTRODUCTION:
Council is in receipt of a
notification pursuant to clause 15 to 18 of the Liquor Regulation 1996, that
an application has been made to the Licensing Court of New South Wales, by
Robert Tate (Licensee) for the variation of Sunday trading hours pursuant to s.
25 (3) of the Liquor Act 1982, in respect to premises situated at 379 -
401 Clovelly Road, Clovelly known as The Clovelly Hotel.
The abovementioned application
proposes to vary the Sunday trading hours, from the current 10.00pm closing
time, to a midnight close. On all other days the hotel will trade unchanged.
ISSUES:
The subject premises are situated
on land-zoned 2C (Residential C Zone) pursuant to Randwick Local
Environmental Plan 1998 and is located within the Clovelly residential
precinct. The use of a premises for the purpose of a hotel is prohibited on
land under the current zoning. However, the subject premises has the benefit of
existing use rights pursuant to s. 109B of the Environmental Planning &
Assessment Act 1979.
The premises is the subject of a
Hoteliers Licence No. 101333 pursuant to the Liquor Act 1982, which
permits the hotel to trade 5.00am to Midnight, Monday to Saturday and 5.00am to
10.00pm, Sunday.
A search of Council records has
disclosed that there are no conditions of development consent in force at the
premises, which restrict the hours of operation of the hotel.
In addition, a search of Council
records has disclosed the premises has approval as a place of Public
Entertainment, pursuant to s.68 of the Local Government Act 1993, LA/171/00/LH
determined on 8 August 2001.
PROCEEDINGS THUS FAR:
This matter
was the subject of a first mention before the Licensing Court on the 30 June
2003, in which Council officers and the applicant’s solicitor appeared.
Council’s officer requested that the matter be adjourned for further mention on
18 August 2003, to allow Council sufficient time to notify the surrounding
residents and to properly consider its position in relation to this
application. The Court subsequently adjourned the matter for further mention
until 18 August 2003, noting that should Council file and serve a formal
objection to the grant of the application on or prior to the next mention, at
that time the Court would set the matter down for hearing and directions would
be made with the respect to the filing and serving of evidence.
At the abovementioned mention,
Registrar Scanlon further noted that Randwick City Council was to meet on the
12 August 2003, at which time Council would further consider its position in
respect to the matter. In this regard, the next mention date of 18 August 2003
was set by the Court, to take place after the fore-mentioned Council meeting.
NOTIFICATION AND SUBMISSIONS:
On the 3 July 2003, Council notified in excess of
one hundred and eighty (180) properties in the vicinity of the hotel,
requesting written submissions in regard to the proposed application to vary
Sunday trading at the subject premises. Submissions in relation to the
application were to be forwarded to Council by the 18 July 2003. To date,
Council has approximately 31 submissions received from residents in the
locality.
These submission, from the
residents/owners of the surrounding locality state that they will be disturbed
by the patrons walking past their premises in the late hours of Sunday evening
and the early hours of Monday mornings. The residents also consider the noise
generated by the patrons exiting the hotel and making their way to the car
parks and the possibility of exacerbating the alleged current incidents of
anti-social behaviour by patrons leaving the hotel. (Table A of this report
contains the name and address of person/s that have made submissions to
Council, including brief details of concerns raised in the submission).
TABLE A:
|
Name
|
Address
|
Summary of Concerns
|
|
Bell, Anthony & Alicia
|
2/328 Clovelly Rd
|
Approval
will result in increased traffic, on street parking problems and damage to
private property.
|
|
Kelly, Margaret
|
5/326 Clovelly Rd
|
Approval
will increase noise, unseemly behaviour from patrons leaving the Clovelly
Hotel, increase in traffic, disturbed sleep and damage to private property.
|
|
Bey, Mrs Warisara
|
1/336 Clovelly Rd
|
Approval
will increase noise, unseemly behaviour from patrons leaving the Clovelly
Hotel, increase in traffic, disturbed sleep and damage to private property.
|
|
Pitkethey, M
|
324 Clovelly Rd
|
Approval
will increase noise, unseemly behaviour from patrons leaving the Clovelly
Hotel, increase in traffic, disturbed sleep and damage to private property.
|
|
Currie, Marcus
|
3/328 Clovelly Rd
|
Approval
will increase noise, unseemly behaviour from patrons leaving the Clovelly
Hotel, increase in traffic, disturbed sleep and damage to private property.
|
|
Bailie, Kathryn &
Holden, Anthony
|
1/324 Clovelly Rd
|
Approval
will increase noise, unseemly behaviour from patrons leaving the Clovelly
Hotel, increase in traffic, disturbed sleep and damage to private property.
|
|
Stewart, Sonya
|
5 Keith St
|
Approval
will result in Hotel patrons noisily walking past residents up to 1.00am. Will increase patronage to the hotel and detract from
the family atmosphere of the area and also on-street parking problems
during the summer months.
|
|
Osbourne, Edwin
|
7 Keith St
|
Approval
will result in Hotel patrons noisily walking past residents up to 1.00pm. Will increase patronage to the hotel and detract from
the family atmosphere of the area and also on-street parking problems
during the summer months.
|
|
Jatts, W
|
2/362 Clovelly Rd
|
Approval
will result prolonging current noise and parking congestion.
|
|
London, Juliet
|
6 Park St
|
Approval
will increase the awareness and usage of the Hotel and indelibly affect the
nature of the neighbourhood.
|
|
Lekeu,
Henri
|
9
Park St
|
Approval
will increase the noise-generated area the immediate vicinity, Children sleep
will be affected by the increased hours creating problems for school the
following day.
|
|
Freehills
Solicitor on behalf of owner of 23 Surfside Ave, Clovelly
|
23
Surfside Ave
|
Requests
that if approved, Council enforce all conditions of consent including
drinking and congregating outside the premises and that windows facing
residential areas be kept shut. Further requests that a six-month trial for
the hotel to demonstrate that noise does not disturb neighbours.
|
|
Gardner, Sarah &
Hughes, Lyn
|
12 Surfside Ave
|
Approval
of extension of trading hours will exacerbate anti-social behaviour; will
have a negative impact on family life relating to children attending school.
Also, noise related issues would be increased
|
|
Taylor, Karen
|
6 Victory St
|
Approval
would increase already noisy patron leaving the hotel premises on a Sunday.
Clovelly is predominately a residential area with families and retirees.
|
|
Ralston, Rod &
Myee
|
18 Victory St
|
The
extra 2 hours will exacerbate the current problem with inebriated patrons
leaving the hotel dumping bottles and classes from the hotel in nearby
streets.
|
|
Hardy CM
|
37 Burnie St
|
Constant
noise pollution and impossible parking problems.
|
|
Gray, Anna
|
4/59 Burnie St
|
Unacceptable
levels of noise from intoxicated patrons leaving the hotel in search of
transport. Incidents of vandalism. Sleep disturbances.
|
|
Dunn, Russell &
Diane
|
2A Keith St
|
Noise,
vandalism, security and parking problems.
|
|
Herd, Nick
|
27 Surfside Ave
|
Well
run responsible business. However, with later closing hours on Sundays will
increase problems with crowd noise, loud music, rowdy groups in the streets
and at the beach, parking problems, urinating in public and vandalism.
|
|
Alexander, Sandra
|
27 Surfside Ave
|
Well
run responsible business. However, with later closing hours on Sundays will
increase problems with crowd noise, loud music, rowdy groups in the streets
and at the beach, parking problems, urinating in public and vandalism.
|
|
Clerke, Lynne
|
11 Keith St
|
Sleep
disturbances, parking problems, noise associated with patrons leaving the
hotel, reduced amenity of the area.
|
|
Venson, K &
Kambas, P
|
23 Pitt St (owners of 5
Battery St)
|
Increased
noise, increased vandalism.
|
|
Parker, Kim
|
1/298 Clovelly Rd
|
Unacceptable
levels of noise from intoxicated patrons leaving the hotel in search of
transport. Incidents of vandalism. Sleep disturbances.
|
|
Rowe, John &
Lesley
|
PO Box 2192
Clovelly
|
Increased
noise, swearing, large groups congregating in the vicinity of the hotel and
property damage.
|
|
Balding, Peter
|
6 Surfside Ave
|
Sleep
and property disturbances and reduced amenity of the area.
|
|
Clarke, Jillian &
Matthews, Greg
|
371 Clovelly Rd
|
Existing
trading hours are adequate. Extension of trading will affect families with
school-aged children, already problems controlling patrons.
|
|
Muzic, F & M
|
16 Keith St
|
Parking
problems, fighting, urinating, smashed glass and drink driving.
|
|
Cortis, Richard &
Dagmar
|
PO Box 2126
Clovelly
|
Noise
and sleep disturbances, anti-social behaviour and parking problems.
|
|
Pepper, Garry &
Wendy
|
369 Clovelly Rd
|
Increased
traffic, increased patronage, swearing and loitering, vehicle and property
damage and extended hours of loud music.
|
|
Heard, Helen
|
2/4 Donnellan Crt
|
Parking
problems, noise and disturbances from patrons leaving the hotel.
|
RELEVANT COMPLAINT AND CONDUCT
HISTORY
A search of Council records has
disclosed that Council received 2 complaints from nearby residents in respect
to noise disturbances from entertainment at the hotel and disturbances from
patrons leaving the premises, in 2000. However, it is unclear whether or not
these incidents occurred on a Sunday. This search of Council records has
further disclosed a facsimile received by Council on the 28 May 2003 from Kathryn Bailie of 1/324 – 326 Clovelly Road, Clovelly to Maroubra Licensing Police.
Ms Bailie alleges that a brawl
involving a group of males at the Clovelly Hotel on Saturday the 24 may 2003
occurred at approximately 8.45pm. Ms Bailie further alleges that the Brawl
continued to the front of her premises, which result in damage to the roller
door of her garage. Ms Bailie stated that the Police attended the incident,
with no further action taken.
On balance, it is important to
note that the premises was granted approval by the Court for the variation of
trading hours for a special occasion on a specified date. This approval to vary
the trading hours to allow the premises to operate until 2.00am the following day was granted over the Olympic period from the 10 September 2000 to 8 October 2000. Council did not raise an objection to this particular application.
Furthermore, a search of council records has disclosed that there were no
incidents reported to Council in relation to the conduct of the premises during
this period of extended trade.
POLICE COMMENT
Council has been advised by the
New South Wales Police Service, Eastern Beaches Licensing, that the Police
raise no objection to the grant of the application.
CONCLUSION:
In conclusion, the application to
vary Sunday trading, if granted by the Court would permit the premises to trade
for an additional 2 hours, extending the current 10.00pm close, to a 12
midnight on Sundays only.
The Court in
granting an application to extend Sunday trading of a hotel pursuant to s. 25
(3) of the Liquor Act 1982, may grant the
variation only to meet the needs of tourists and tourism or other special
needs, and if satisfied that the variation would not result in the frequent
undue disturbance of the quiet and good order of the neighbourhood of the
licensed premises.
There is anecdotal evidence from
residents in the vicinity of the hotel to suggest that, at times, the hotel is
currently having, albeit minor, an adverse impact on the residential amenity of
the area. Notwithstanding, the absence of conclusive evidence that all of these
disturbance purported in resident submissions to the application are directly
attributable to the hotel, it is not unreasonable to consider that an extension
of trading hours, particularly on a Sunday night, may result in the frequent
undue disturbance to the quiet and good order of the neighbourhood. This being
the case, the grant of the application to extend Sunday trading at the premises
has the potential to adversely impact the amenity of the surrounding
residential area, unless there are sufficient measures undertaken by the way of
condition/s imposed to the liquor licence which will protect the amenity of the
locality. However, the imposition of any such conditions is at the discretion
of the Court.
It is therefore considered, that
there are reasonable concerns which may be supported by additional documentary
evidence, expert assessment of potential impacts and witness testimony that may
persuade the Court to impose a trial period pursuant to s. 25 (7B) or refuse
the application, should a formal objection be made to the Court opposing the
application. The grounds of any such objection, should it be made, would be
pursuant to s. 45 (3) (e) of the Liquor Act 1982, on the basis that the
quiet and good order of the neighbourhood in which are situated the premises to
which the application relates will be disturbed if the application is granted.
Should Council determine object to the grant of the
application the matter would be set down for a full Hearing in the Licensing
Court at the next mention on the 18 August 2001. In this event, Council would
be required to produce evidence to a standard that would satisfy the Court that
the grant of the application would result in the frequent undue disturbance to
the quiet and good order of the neighbourhood.
RECOMMENDATION:
It is
recommended that:
1. Council file and serve an objection pursuant to s.46 of the
Liquor Act 1982, to the grant of the application by Robert Tate of 381
Clovelly Road, Clovelly to vary the Sunday licensed trading hours for premises
situated at 379 – 401 Clovelly Road, Clovelly known as the Clovelly Hotel on
the grounds that that, the quiet and good order of the neighbourhood in which
are situated the premises to which the application relates will be disturbed if
the application is granted, and
2. Should Council determine to object against the application,
that an environmental and amenity assessment be undertaken by a suitably
qualified and experienced professional to identify the potential impacts of the
proposal.
ATTACHMENT/S:
Nil
Report Authors
KARL GRAY & ALLAN GRAHAM
SENIOR PLANNING & ENVIRONMENT
COMPLIANCE OFFICERS
