Agenda of Ordinary Council Meeting

Ordinary Council	22 June 2010

Director City Planning Report No. CP43/10

Subject: 14-16 Ocean Street, Clovelly

Folder No: DA/971/2009

Author: David Mooney, Environmental Planning Officer

1. Introduction:

This development application was referred to the Ordinary Council Meeting 25 May 2010, wherein it was resolved:

(Notley-Smith/Woodsmith) that this development application be deferred to allow the applicant to submit amended plans lowering the building by 300mm. This is to be achieved by excavating further into the existing ground level.

The applicant submitted amended plans 1 June 2010 lowering the building by 300mm by excavating into the site, as required by the Council’s resolution.

Recommendation

That Council, as the consent authority, grant development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/971/2009 for demolition of the existing structures on each site and construction of a pair of 2-storey semi-detached dwellings with detached garages and boundary fencing at 14-16 Ocean Street, Clovelly subject to 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:

1. The development must be implemented substantially in accordance with the plans numbered DA01, DA02 and DA03, dated 31/05/10 and received by Council on 31/5/2010, 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:

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 City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

3. Fences or retaining walls in front of the Ocean Street building line must be no higher than 1.2m. Design details must be shown on the Construction Certificate.

4. There must be no encroachment of the structure/s or associated articles onto Council’s road reserve, footway, nature strip or public place.

5. Street numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

6. 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 approved paving or the like on the ground) without the written consent of Council.

7. External lighting to the premises shall be designed so as not to cause a nuisance to nearby residents.

8. No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

9. Open-able windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

Options may include one or more of the following measures:

i) The window having a minimum sill height of 1.5m above the internal floor level,

ii) Providing a window locking device at least 1.5m above the internal floor level,

iii) Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum of 125mm,

iv) Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

v) Other appropriate effective safety measures or barrier.

The following condition/s are imposed to satisfy the requirements of the Sydney Water Corporation.

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

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met.

If suitable, the plans will be appropriately stamped. For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing any works.

The following condition is applied to meet additional demands for public facilities;

11. In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,108,718 the following applicable monetary levy must be paid to Council: $21,087

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

The following conditions are imposed to promote ecologically sustainable development and energy efficiency.

12. In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

13. In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

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

14. The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

· Stormwater management (i.e. rainwater tanks)

· Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

· Landscaping provisions

· Thermal comfort (i.e. construction materials, glazing and insulation)

· Energy efficiency (i.e. cooling & heating provisions and hot water systems)

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

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

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:

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

17. 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.

18. In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

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

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

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

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

c) a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

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

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

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

20. The building works must be inspected by the Principal Certifying Authority (or other certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

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

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

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

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

22. In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

Details of the Licensed Building Contractor (and a copy of the relevant Certificate of Insurance) or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council, in writing, prior to commencement of works.

23. 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.

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

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

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent. The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

25. Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority or other suitably qualified person, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

26. Smoke alarms must be installed in each Class 1 building or residential 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. 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 that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

27. The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Climate Change and Randwick City Council policies, including:

· Occupational Health & Safety Act 2000 & Regulations

· WorkCover NSW Code of Practice for the Safe Removal of Asbestos

· WorkCover NSW Guidelines and Codes of Practice

· Australian Standard 2601 (2001) – Demolition of Structures

· The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

· Relevant DECC/EPA Guidelines

· Randwick City Council Asbestos Policy (adopted 13 September 2005)

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

28. A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

The Demolition Work Plan must include the following information (as applicable):

· The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

· Details of hazardous materials (including asbestos)

· Method/s of demolition (including removal of any asbestos)

· Measures and processes to be implemented to ensure the health & safety of workers and community

· Measures to be implemented to minimise any airborne dust and asbestos

· Methods and location of disposal of any hazardous materials

· Other relevant details, measures and requirements to be implemented

· Date the demolition works will commence

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

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

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

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

· Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

· Randwick City Council’s Asbestos Policy (adopted 13 September 2005)

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

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

· Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.

· A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

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

30. A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

· excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining premises,

· new dwellings or additions to dwellings sited up to shared property boundaries (e.g. additions to a semi-detached dwelling or terraced dwellings),

· excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining premises,

· as otherwise may be required by the Principal Certifying Authority.

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises, which may be affected by the subject works. A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

31. 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.

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.

32. In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

a) If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development must, at the person’s own expense:

i) protect and support the adjoining premises from possible damage from the excavation, and

ii) where necessary, underpin the adjoining premises to prevent any such damage.

b) The condition referred to in subclause 1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

33. Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like, is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

34. Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

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

A Construction Noise Management Plan, prepared by a suitably qualified person is to be implemented throughout the works, to the satisfaction of the Council. A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works.

The Construction Noise Management Plan is to be prepared in accordance with the NSW DECC Construction Noise Guideline.

35. A Registered Surveyor’s check survey certificate or compliance certificate is to be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority:

· prior to construction of the footings or first completed floor slab (prior to the pouring of concrete),

· upon completion of the building, prior to issuing an occupation certificate.

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

36. Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

37. Public safety must be maintained at all times and 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, to the satisfaction of Council.

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.

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

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 site fencing, hoardings or amenities upon any part of the footpath, nature strip 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.

38. A Construction Site Management Plan is to be developed and implemented prior to the commencement of any 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;

· construction traffic management details.

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council. A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council. A copy must also be maintained on site and be made available to Council officers upon request.

39. Sediment and erosion control measures must be provided in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

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, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

40. Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

a) Building materials, sand, soil, waste materials, construction equipment or5 other activities 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.

b) Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

c) Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

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

e) Any part of Council’s road, footway or nature strip which is damaged as a result of the work must be repaired or replaced to Council’s satisfaction.

41. The installation of rainwater tanks shall comply with the following noise control requirements:-

a) 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 plant and equipment shall not give rise to an L_Aeq, _{15 min} sound pressure level at any affected premises that exceeds the background L_A90, _{15 min} noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

b) Plant and equipment associated with rainwater tank(s) are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

c) The operation of plant and equipment associated with the rainwater tank(s) are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

● before 8.00am or after 8.00pm on weekends or public holiday; or

● before 7.00am or after 8.00pm on weekdays.

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

42. Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and details are to be included in the construction certificate documentation.

43. A demolition and construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council, prior to the commencement of works.

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

44. The following damage/civil works security 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 - Damage/Civil Works Security Deposit

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon:

§ A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

§ Completion of the civil works as conditioned in this development consent by Council.

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

45. Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

a) Construct concrete vehicular crossings opposite the vehicular entrances to the site in Ocean Lane.

b) Construct layback and gutter for the full site frontage in Ocean Lane.

c) Carry out a full depth minimum 0.5 metre wide, road construction in front of the layback and gutter along the full site frontage in Ocean Lane.

d) Reconstruct 1.8m wide concrete footpath along the full site frontage in Ocean Street.

46. 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.

47. For each of the proposed dwellings the double garage openings shall be widened to 5.2m to allow adequate room for vehicles to manoeuvre into and out of the carspaces. Plans submitted for the construction certificate must demonstrate compliance with this requirement.

48. 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:

49. The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be

Ocean Lane frontage

§ 60mm ABOVE the edge of the existing bitumen at all points opposite, along the full site frontage.

Ocean Street frontage

§ 60mm ABOVE the top of the existing kerb at all points opposite the kerb along the full site frontage.

50. The design alignment levels issued by Council and their relationship to the roadway/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.

51. The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $670 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid to Council prior to a construction certificate being issued for the development.

The following conditions are applied to provide adequate consideration for service authority assets:

52. 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.

53. 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.

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

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

For further information, please contact Council’s Road/Asset Opening Officer on 9399 0691 or 9399 0999.

55. Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:

56. Generally all site stormwater from each dwelling shall be piped to a sediment/silt arrester pit that drains to Council's kerb and gutter in Ocean street.

The location and details of the proposed internal stormwater pipelines, silt arrestor pits shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

Notes:

a. The sediment/silt arrestor pit shall be constructed:

i. within the site at or near the street boundary.

ii. with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii. with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv. with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v. with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

b. The overflow pipe/s from any rainwater tank/s shall be directed into the silt arrestor pit.

57. As the above site may encounter seepage water any structures in excavated areas 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, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

Notes:

a) Subsoil drainage must not be collected and discharged to the kerb and gutter or underground drainage system.

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

c) Seepage Water must not be drained from the site.

58. Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

The following conditions are applied to provide adequate provisions for waste management:

59. 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 dwellings.

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

60. The applicant shall have registered at the Land Titles office a Plan of Survey creating Easements for Support or Party Wall in relation to the centre dividing wall between the two dwellings. The applicant shall also create any other easements as required. A copy of the registered plan shall be forwarded to the certifying authority and Council if Council is not the certifying authority.

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

61. Landscaping at the site shall be installed substantially in accordance with the Landscape Plan & Section by Sue Barnsley Design Landscape Architecture, drawing DA01, revision C, dated 21.12.2009, subject to the following changes being made to an amended plan, which must be submitted to, and be approved by, the PCA, prior to the commencement of any site works:

a) A construction detail showing that the minimum soil depth of the raised planter on both garage rooftops will be 600mm, and are to be suitably waterproofed and drained to the approved system;

b) Given this sites harsh, frontline coastal location, and the fact that some of those rare species which have been nominated for use are from Western Australia or east coast rainforest fringes or open woodlands, their ability to survive here is low, with Calochlaena dubia (Rainbow Fern), Canavalia rosea (Beach Bean), Crytomium falcatum (Japanese Holy Fern) and Geitonoplesium cymosum (Scrambling Lily), needing to be replaced with more reliable native species, with relevant information to be included on an amended plant schedule.

Council’s Community Nursery may be contacted on 9399-0933 to discuss the availability of suitable endemic species for this purpose.

62. The PCA must ensure that the landscaping is installed in accordance with the approved documentation, prior to the issue of a Final Occupation Certificate, with the home owner/s required to maintain this landscaping in a healthy and vigorous state.

Tree Removals

63. Approval is granted for removal of the closely planted Cupaniopsis anacardioides (Tuckeroo) and Harpephyllum caffrum (Kaffir Plum) located in the rear yard of 14 Ocean Street, in its southwest corner, due both to their relatively small size as well as to accommodate the proposed garage as shown, and is subject to full implementation of the approved landscape works.

Pruning of Neighbouring Trees

64. Permission is granted for the selective and minimal pruning of only those overhanging branches from the northern aspect of the Metrosideros excelsa (Pohutukawa), which is located in the rear yard of the adjoining property to the south, 18-20 Ocean Street, near the common boundary, only where they need to be pruned in order to avoid damage to the tree, or; to provide the necessary clearance for construction of the proposed garage, rooftop planter and covered walkway as shown.

65. This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

66. All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

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.

ADVISORY MATTERS:

A1 Demolition, building or excavation work must not be commenced until;

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

· Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

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

Failure to comply with these important requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979. Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.

A2 A local approval application must be submitted to and be approved by Council's Building Certification Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

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

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

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

For further information please contact Council’s Building Certification Services on 9399 0944.

A3 Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

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

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

Attachment/s:

Nil

Ordinary Council	22 June 2010

Director City Planning Report No. CP44/10

Subject: 77-97 Alison Road, Randwick

Folder No: DA/880/2009

Author: Kerry Kyriacou, Manager Development Assessment

Introduction

The Director City Planning Report No. CP40/10 submitted to the Council meeting on 25 May 2010 recommended refusal to use part of the royal Randwick Racecourse infield precinct parking area at 77-97 Alison road, Randwick, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year, for the following reasons:

1. The application does not demonstrate that the road system and traffic signals can handle the egress traffic.

2. The proposal fails to provide assessment of the effect of ‘left in only’ and ‘right out only’ controls on High Street intersection from the racecourse car park.

3. The proposed development will adversely affect the amenity of adjoining and surrounding residential properties in terms of increased traffic and associated noise.

Council subsequently resolved at the 25 May meeting:

(White/Matson) that this application be deferred to the next ordinary meeting of Council to allow the applicant to conduct further traffic studies to address Council’s concerns.

The applicant has now addressed the issues raised by Council’s Manager Integrated Transport in relation to the potential traffic impact of the proposed development (i.e. the capacity of egress, capacity of traffic signals and insufficient traffic impact analysis regarding the ‘breakaway routine’).

Issues

Traffic Management

The applicant has provided an additional report from a suitably qualified traffic consultant to confirm the veracity of the traffic modelling in relation to the “left in” and “right out” only controls on the High Street intersection and the capacity of the road system and traffic signals to handle the egress traffic.

The Roads and Traffic Authority have also confirmed that they will adjust the signalisation at Anzac Parade and High Street to assist patrons exiting the site.

Council Manager Integrated Transport has now confirmed that the issues in relation to traffic flows has now been resolved subject to a condition being imposed requiring the submission of a Traffic Control Plan detailing what traffic facilities ( traffic cones, signage, barricades, flashing lights etc.) will be used to enforce the Left In/Right Out controls.

The issue that has also been raised by the Manager Integrated Transport in relation to the potential distraction to drivers from the screen is not likely to be a significant concern given the positioning of the screen on the racecourse and its considerable distance from neighbouring roads.

As the substantive traffic issues have now been resolved, appropriate conditions for the implementation of a range of measures and management strategies can be applied to ensure that any adverse impact upon local residents is minimised.

Further submission from Ritz:

A further submission has been received from the Ritz Cinema raising concerns that the proposal does not meet the aims of the RLEP 1998, in particular Clauses 2(d), 2(j) and 43.

Clauses 2(d) & 2(j) read as follows:

It is considered that the proposal is consistent with the above aims as it provides increased opportunities for the community to access the site and participate in a leisure activity in a major recreational facility.

The proposal also provides the AJC with an alternative source of revenue that will contribute to the financial stability of the not for profit organisation and assist in ensuring the continued use of the site for racing consistent with its historical significance.

Overall the proposal is consistent with the aims of RLEP 1998 as it will enhance the social amenity of the locality.

The purpose of Clause 43 of RLEP 1998 is to establish consent requirements for development involving a heritage item or land within a heritage conservation area and does not apply to heritage buildings that are not the subject of a development application. The proposal has been assessed in terms of its impact on the heritage significance of the Racecourse and is acceptable.

The objection raised by the Ritz is clearly based on commercial competition and there are a number of Land and Environment Court authorities on this issue to the effect that direct competition upon an individual private trader is not a planning consideration and should not be taken into account. Notwithstanding, the proposed use is recommended to be limited to a 3 month trial period and is therefore unlikely to have any significant impact on the Ritz Cinema.

Relationship to City Plan

The relationship with the City Plan is as follows:

Outcome 5: Excellence in recreation an lifestyle opportunities.

Direction 5b: A range of cultural, sporting and leisure activities.

Financial Impact Statement

There is no direct financial impact for this matter.

Conclusion

The proposed development is permissible in the zone. However, the intensity of the proposed use is likely to be greater than the use of the Racecourse on race days as it will operate at later hours and therefore will have the potential to affect the amenity of the neighbouring properties. It is therefore considered appropriate for Council to issue a time limited consent to the proposal period of three (3) months to allow Council to re-evaluate the proposal in terms of any complaints received regarding the approved operations, and compliance with any conditions of development consent.

Recommendation

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/880/2009 to use part of the Royal Randwick Racecourse infield precinct parking area at 77-97 Alison Road, Randwick, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year, subject to the following conditions:

1. The development must be implemented substantially in accordance with the details set out in the application form and accompanying submission received by Council on 30 November 2009 and Traffic Management Plan prepared by Varga Traffic Planning Pty Ltd, dated 4 March 2010 and received by Council on 8 March 2010, and any other 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:

2. The approval for the use of part of the Infield Precinct parking area of Royal Randwick Racecourse as a drive-in cinema is limited for a period of three (3) months commencing from 1 July 2010 and ceasing on 30 September 2010 to enable Council to monitor and re-evaluate the proposal in terms of any complaints received regarding the approved operations, and compliance with any conditions of consent.

3. The spill of artificial lighting is to be restricted so as not to illuminate areas beyond the perimeter of the site.

4. The proposed drive-in cinema is restricted to the following period and capacity:

Date

Friday, Saturday & Sunday

From1 July 2010 to 30 September 2010

Time

Single Session: 6:30pm till 10:30pm

Dual Sessions: 4:00pm till 11:00pm

Capacity

Up to 500 cars

The following conditions are applied to meet the requirements of the Roads and Traffic Authority of NSW:

5. A ‘breakaway routine’ is to be arranged between the cinema operator and the RTA’s Transport Management Centre (TMC) to minimise the impact on the classified road network of vehicles leaving the cinema all at the same time. Details of the ‘breakaway routine’ are to be submitted to the RTA for review prior to the issue of the Occupation Certificate for the proposed Drive-in Cinema. The ‘breakaway routine’ is to be implemented at the end of each session of the cinema in accordance with the TMC’s requirements.

The Manager, Network Operations can be contacted at:

Transport Management Centre

35 Garden Street

Everleigh NSW 2015

Ph: 8396 1510

Fax: 8396 1525

6. All works are to be at no cost to the RTA.

7. A Traffic Control Plan detailing what traffic facilities (traffic cones, signage, barricades, flashing lights etc.) will be used to enforce the Left In / Right Out controls. The plan shall be submitted to Council’s Manger Integrated Transport for approval prior to an Occupation Certificate being issued.

Heritage Condition:

8. The shipping container for the storage of the inflatable screen, the site shed containing the projection box, and portable toilets are to be removed from the site for the period of the year during which films are not being screened. The shipping container, the site shed and portable toilets are not to be permanently stored on the site to ensure that the important historical view is not inappropriately cluttered. Portable toilets are preferably to be removed from the site on a weekly basis.

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of health, safety and amenity:

Regulatory

9. 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.

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. Prior to the commencement of any building works (including screen, ticket boxes and projection shed erection), a construction certificate must be obtained from the Council’s Building Certification Services or an Accredited Certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

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 made available to the Council officers and all building contractors for assessment.

12. Prior to the commencement of any building works, the person having the benefit of the development consent must:

i) appoint a Principal Certifying Authority, and

ii) appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

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

iv) give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

13. The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 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 consent is to be maintained by the Principal Certifying Authority. Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

The principal contractor must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

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

· name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

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

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent. The requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

16. Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

17. In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of any residential building work, a contract of insurance must be obtained, prior to the commencement of works, in accordance with the provisions of the Home Building Act 1989. Details of compliance are required to be provided to the Principal Certifying Authority.

18. 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.

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

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

20. Provide toilet facilities to comply with Part F2.3 of the BCA to the satisfaction of the certifying authority.

Fire safety

21. The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

1) Provide portable fire extinguisher/s within proximity to the projection shed and screen to the satisfaction of the certifying authority, in accordance with clause E1.6 of the BCA,

2) Prior to commencing the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

22. A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

Structural adequacy

23. A Certificate prepared by a professional engineer, shall be submitted to the certifying authority and Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the inflatable screen and supports.

The following condition is applied to provide adequate provisions for waste management:

24. Prior to the issuing of a construction certificate for the proposed drive-in cinema, a Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Planning.

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

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

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

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

· Details of the proposed recycling and waste disposal contractors.

· Waste storage facilities and equipment.

· Access and traffic arrangements.

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

· Cleaning arrangements, hygiene, safety and amenity.

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Development Engineer on 9399 0924.

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

25. The works and use shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

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:

26. 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 and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (L_A90), _{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 L_Aeq, _{15 min} and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

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

28. Council may at anytime during the initial twelve (12) months trial period require the applicant to provide an acoustic compliance report prepared by a suitably qualified and experienced consultant in acoustics at the applicant’s expense. The acoustic report shall be submitted to the Council and shall demonstrate and certify that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997; NSW Environment Protection Authority Industrial Noise Policy Noise Control Manual (sleep disturbance); and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

29. A Management Plan in relation to the operation of the proposal shall be submitted to Council prior to the commencement of use. The Management Plan shall include (but not limited to) the following:

· ensure compliance with the relevant conditions of approval,

· minimise the potential impact of the operation of the premises upon nearby residents,

· designate staff responsible for supervision in a specific areas of the proposal and their duties in that area,

· effectively minimise and manage patron behaviour,

· minimise noise emissions and associated nuisances,

· effectively manage and respond to resident complaints, and

· effectively detail how the construction and dismantling of the cinema and associated plant and equipment will be carried out.

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:

30. The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

The following conditions have been applied to ensure compliance with Local Government Legislation and policies of Council

31. Separate application for registration must be submitted and approval granted from Council for the operation of any food temporary food business (including premises used for the sale,storage, preparation and distribution of food and drinks).

32. All approved to operate food premises must comply with the Food Safety Standards.

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, in particular in relation to Part F2.3 or Part H103. 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.

You are also advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

A2. The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act. In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

A3. The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

Attachment/s:

1.View

REPORT 77-97 Alison Road, Randwick

REPORT 77-97 Alison Road, Randwick

Attachment 1

Director City Planning Report No. CP40/10

Subject: 77-97 Alison Road, Randwick

Folder No: DA/880/2009

Author: Frank Ko, Executive Planner

Proposal: Use part of the Royal Randwick Racecourse infield precinct parking area as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year with the viewing capacity of up to 500 vehicles.

Ward: West Ward

Applicant: Racecourse Drive-In Cinema Pty Ltd

Owner: Australian Jockey Club (AJC)

Summary

Recommendation: Refusal


	Subject Site




	Submissions received
	Ù North
	Locality Plan

1. Executive Summary

This application has been referred to Council at the request of Councillors Seng, Matthews and Procopiadis.

The application seeks consent to use a section of the infield parking area, to the north-west of the internal access road in the centre of the racecourse, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year.

There will be one session each on Friday and Sunday nights and two sessions on Saturday nights, except on race day when there will be no session on Saturday night and the two sessions will be moved to Sunday nights. The gates will open approximately 40 minutes before the movie commence.

The use will involve the installation of an inflatable screen and a projection box together with the viewing capacity of up to 500 cars.

The movie sound will be broadcast through each vehicle’s FM car radio (or portable FM receiver). No external speakers, pedestals or cabling are required.

The proposal will utilise existing toilet facilities within the existing pedestrian tunnel shade structure, together with additional portable toilets. Mobile food and beverage vans and mobile ticket check points are also proposed.

No outdoor chairs, tables, barbeques and alcohol consumption will be permitted.

Vehicular access is proposed via High Street gates with no pedestrian access proposed.

The proposed development has been notified and advertised in accordance with Council’s Development Control Plan for Public Notification of Development Proposals and Council Plans. A total of 8 submissions were received (i.e. 7 x objections and 1 x letter of support) raising issues relating to the permissibility of the proposed use, insufficient information, impact on the viability of other cinemas located within established retail centres; potential noise impact and non-compliance with the relevant provisions of Council’s LEP and DCP.

Council has obtained separate advice from a Senior Counsel on the matters regarding the permissibility of the proposed development under the provisions of the Randwick Local Environmental Plan 1998.

In summary, the advice concluded that the proposed use is for a recreation facility and is permissible with development consent within Zone No. 6A.

Additional information (i.e. screening times, movie lists, location of storage areas, traffic management plan, waste management plan and policy to mitigate anti-social behaviour) have been submitted by the applicant to address Council and objectors’ concerns.

The application was referred externally to both the NSW Police Service (Eastern Beaches) and the RTA. The RTA advise that a Traffic Management Plan detailing crowd management elements, vehicle routes, number and type of vehicles, house of operation, access arrangements and traffic control is to be submitted to Council’s Local Traffic Committee for review.

Council’s Manager of Integrated Transport has reviewed the subject application including the traffic management plan and raised several concerns regarding the potential traffic impact of the proposed development (i.e. the capacity of egress, capacity of traffic signals, visibility of screen from High Street causing potential distraction/enticement and insufficient traffic impact analysis regarding the ‘breakaway routine’).

Considering that these issues are critical for Council to determine the impact of the proposed development on the classified road network and have not been fully addressed to the satisfaction of the Manager of Integrated Transport, it is therefore considered appropriate that the subject application should be refused.

2. The Proposal

The application proposes to use a section of the infield parking area, to the north-west of the access road in the centre of the racecourse, as a drive-in cinema.

The cinema is to operate annually between the months of July and September, generally on Friday, Saturday and Sunday evenings, but coordinated to avoid conflict with other racecourse events.

The proposal will require approximately 15 staff to manage and operate each session. Some sharing of duties with AJC staffing is anticipated. Staff required includes:

1 x Manager

2 x Projectionists

6 x Traffic control and car parking attendants

3 x security officers

3 x cleaners

The proposal involves the installation of an inflatable screen with dimensions of 16m wide x 10m high (packed into a 6m shipping container when not in use) and a projection box with dimensions of 2.5m x 2.5m (in a relocatable site shed), together with the viewing capacity of up to 500 cars.

The movie sound will be broadcast through each vehicle’s FM radio (or portable FM receiver). No external speakers, pedestals or cabling will be required.

No outdoor chairs, tables, barbeques and alcohol consumption will be permitted.

Vehicular access is proposed via High Street gates with no pedestrian access proposed.

3. The Subject Site and Surrounding Area

The subject site is located at the northern end of the infield carpark near the entry shade structure. The racecourse is bounded by Alison Road, Wansey Road, High Street and the rear of predominately residential properties fronting Doncaster Avenue. The Racecourse is surrounded by residential areas containing the broad spectrum of housing types. The main University of NSW campus and Centennial Park are also in close proximity to the site. Figure 1 is a map of the subject site and key precincts.

Subject site

Figure 1 is a map of the subject site and key precincts

4. History

4.1 Site History

A large number of Development Applications concerning the various parts of the Racecourse have been submitted and approved in the last decade. The following previous music events are noted:

· Development Application No. 771/2000 for a major Olympic promotional activity (Coca Cola Redfest) for maximum of 30,500 people including installation of temporary works on 15 September 2000 from 3pm to 11pm was approved under delegated authority on 11 September 2000.

· Development Application No. 904/2005 for a music festival with approximately 10,000 people was approved under delegated authority on 2 February 2006 subject to conditions.

· Development Application No. 74/2007 for a music festival with approximately 15,000 people was approved under delegated authority on 14 March 2007 subject to conditions.

· Development Application No. 987/2007 for a music festival with approximately 35,000 people was approved under delegated authority on 5 March 2008 subject to conditions.

· Development Application No. 694/2008 for a music festival with approximately 35,000 people was approved under by the Land and Environment Court on 25 February 2009 subject to conditions.

· Development Application No. 873/2009 for a music festival with approximately 38,000 people was approved at the Planning Committee meeting on 9 February 2010.

4.2 Application History

The subject application was lodged on 30 November 2009 and notified to the owners of the surrounding properties in accordance with the DCP for public notification. A total of eight submissions (i.e. 7 x objections and 1 x letter of support) were received and the main issues raised were the permissibility of the proposed use; the impact on the viability of other cinemas located within established retail centres; insufficient information; potential noise impact and non-compliance with the relevant provisions of Council’s LEP and DCP.

Council has obtained legal advice from a Senior Counsel on whether the proposed development is permissible within Zone No. 6A.

In summary, the advice from the Senior Counsel concluded that the proposed development is considered to be development for the purposes of ‘recreation facilities’ and is therefore permissible with development consent within Zone No. 6A.

5. Community Consultation

The proposal has been notified in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans and a total of eight submissions were received (i.e. 7 x objections and 1 x letter of support) raising the following issues (many of the issues raised are shared between the individual objections and will be grouped below to avoid repetition):

5.1 Objections

Objections to the proposed development have been received from the following parties:

· Randwick Precinct Committee

· 3/42-44 Doncaster Avenue, Kensington

· The Spot Business Association Inc

· Moody & Doyle Pty Ltd on behalf of Ritz Cinema Randwick

· Colin Brady Architecture + Planning on behalf of Ritz Cinema Randwick

· The Hoyts Corporation Pty Ltd

· BBC Consulting Planners on behalf of Colonial First State

The key issues raised by the above parties are summarised as follows:

Issue	Comment
Concern about the noise generated from packing and cleaning after the event.	It is not considered that the noise associated with packing and cleaning of the subject site after the movie sessions would adversely affect the amenity of the adjoining and nearby residential development. The applicant advised that low noise fans in sound and dust proof boxes will be used to inflate the screen, the ticket booths are collapsible and can be folded away by two staff and the projection box will remain in position during the screening season only. Notwithstanding the above, should the application be approved, appropriate conditions should be included to ensure compliance with the relevant provisions of the Protection of the Environment Operations Act 1997 and Regulations and a time limited condition (i.e. 12 months) should also be included to allow Council to monitor and re-evaluate the proposal in terms of any complaints received regarding the approved operation and compliance with any conditions of development consent.
The proposed screen should face south/west only.	The proposed screen is facing south-western direction.
The proposed development should only operate during non-daylight saving period, and on Friday, Saturday and Sunday nights from 5pm.	The proposed drive-in cinema is to operate between the months of July and September, on Friday, Saturday and Sunday evenings. The movie will commence from 7:30pm for single session and 5:00pm for dual sessions.
Vehicle egress onto High Street should be in a westerly direction only after 9:30pm to reduce the impact of traffic movements through surrounding residential streets.	Council’s Manager of Integrated Transport raised concerns regarding the capacity of traffic lights and egress onto High Street at the end of each session and advise that the analysis provided in the traffic management plan are inadequate to demonstrate how the road system and traffic signals can handle the egress traffic. As a result, the application is recommended to be refused.
During the nights of operation, a signage should be provided at the intersection of Alison Road and Anzac Parade facing north advising the patrons to access the site/carpark from High Street, via Anzac Parade.	As noted previously, the traffic management plan fails to provide adequate information to address the potential impact of the proposed development and as a result, the application is recommended for refusal.
Adverse economic impact on The Spot business community and unfair competition with the Ritz cinema.	Economic competition between individual trade competitors is not a valid environmental or planning consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).
The proposed development is prohibited within the 6(a) zone.	The proposed development falls within the category of a recreation facility and is permissible subject to Council’s consent. See Section 8.1 of this report for full discussion.
Inadequate information provided to address the relevant matters contained within the Environmental Planning and Assessment Regulation 2000 and the impact of the development pursuant to the heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.	The applicant has provided additional information (i.e. traffic management plan, waste management plan, anti-social behaviour policy, structural details, BCA assessment) to address Council and objectors’ concerns.
The heritage significance of the Randwick Ritz includes the ongoing operation as a cinema will be adversely affected by the proposed development.	It is acknowledged that the ongoing use of the historic Randwick Ritz building as a cinema is an important part of its significance and the reduction or loss of this use may potentially affect its heritage value. However, contrary to the claim made by the objector’s heritage consultant that the proposal would adversely affect the viability of the Ritz cinema, such a claim would be difficult to sustain without any valid evidence and remains a matter of speculation. Further, it would be unreasonable for Council to refuse the subject proposal on such a basis. It should be also noted that while the proposed drive-in cinema and the Ritz both offers similar entertainment (i.e. movies) for our community, the ambience and movie experience of the drive-in cinema is different to an indoor cinema. Further, the application is for an irregular activity whose nature and frequency differs significantly from that of the Ritz cinema (which is a regular and permanent entertainment venue) which would have little, if any, impact upon the operation and patronage of the Ritz cinema.
The proposed development is a regular non-racing recreation and entertainment event and totally car oriented, which do not comply with the relevant provisions of the Royal Randwick Racecourse Development Control Plan.	It should be noted that the primary use of the site is for a racing, training and spectator entertainment facility. Any uses for those purposes are therefore the “regular” uses of the site. The proposed drive-in cinema use will take place on approximately 12 weekends per year from July to September on Friday, Saturday and Sunday evenings with up to 4 screenings per week. By comparison and taken in the context of the primary and regular uses of the site, the proposed drive-in cinema use could not be considered as a regular use. In terms of the inconsistency with the objective of the DCP to promote non-private vehicular trip to the site, it is considered that the overall impact on the surrounding and adjacent streets would be minimal as the overall vehicular trips generated by the proposed drive-in cinema use (i.e. up to 500 cars) would be less than the vehicular trips generated by a race day event (i.e. up to 3000 cars). Notwithstanding, the applicant has provided a Traffic Management Plan which outlines the traffic and parking arrangements to be implemented during the operation.
The proposed development cannot be considered or approved as a temporary use given its ongoing operation, nor could it be approved as an interim use pending the future development of the infield precinct of the racecourse.	The subject application does not seek Council’s approval for temporary or interim use of land under Clauses 41 and 41A of the Randwick Local Environmental Plan 1998. However, if the application was assessed under the current LEP (i.e. Randwick Local Environmental Plan (Consolidation) 1998), the proposal could be considered as a temporary use of the land provided the temporary use is for a maximum period of 52 days in any period of 12 months and would therefore be permissible with consent pursuant to Clause 41 of the current LEP.
The proposal will essentially compete with other cinemas located within established retail centres and affect the viability of the cinema and other business that rely upon the draw of people to these cinemas.	See comments above.

5.2 Support

A letter of support to the proposed development has been received during the notification period. The main reason for supporting the proposed development is that it will introduce low cost family entertainment in the locality.

6. Technical Officers Comments

The application has been referred to the relevant technical officers, including where necessary, external bodies. Whilst comments have been received from internal and external bodies, generally recommending appropriate conditions for the proposed development should approval be granted, comment from Council’s Integrated Transport indicates that the issues relating to the traffic management and the potential impact on the traffic and road network in the local area have not been addressed to the satisfaction of the Manager of Integrated Transport. In view of the Manager of Integrated Transport’s concerns, the application is recommended for refusal.

7. Master Planning Requirements

The site is subject to a Development Control Plan that guides the future development of the site and as such the Masterplan provision of RLEP has been satisfied.

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 (RLEP)

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998. The proposed development falls within the category of a recreation facility and is permissible with development consent. The Royal Randwick Racecourse is listed as a heritage conservation area and contains a heritage item (i.e. members’ stand).

The following Clauses of the RLEP apply to the proposal:-

Clause 18 – Zone 6A (Open Space Zone)

The objectives of Zone 6A are:

(a) to identify publicly owned land used or capable of being used for public recreational purposes, and

(b) to allow development that promotes, or is related to, the use and enjoyment of open space, and

(d) to identify and protect natural features that contribute to the character of the land, and

(e) to enable the sustainable management of the land.

The proposed development is considered to be consistent with the relevant objectives of the zone. The proposed drive-in cinema will provide diversity and opportunities for greater access and enjoyment of the site by the broader community while recognising the primary use of the site for horse racing.

In terms of the permissibility of the proposed use, the only categories of permissible development potentially available in relation to the subject application as specified in the list of development that is permissible with/without development consent on land within Zone No. 6A are “recreation” and “recreation facilities”.

The term ‘recreation’ and ‘recreation facility’ are defined in Clause 49 of the RLEP as follows:

“recreation means the use of an area or place for:

(a) a children’s playground, or

(b) recreational or leisure activities which promote the physical, cultural or intellectual welfare of persons within the community,

but (in Part 2) does not include any land use elsewhere defined in this clause.

recreation facility means a building or a work used for a sporting, exercise or leisure activity, and includes golf courses, racecourses, showgrounds, bowling greens, tennis courts and the like, including any ancillary club building, but (in Part 2) does not include a building or work elsewhere defined in this clause.”

As noted previously, Council has obtained separate advice from a Senior Counsel on the matters regarding the permissibility of the proposed development under the provisions of the RLEP. In summary, the advice concluded that the proposed use is for a recreation facility and is therefore permissible with development consent pursuant to the RLEP. Notwithstanding the permissibility of the use within the subject zone, if the application was assessed under the current LEP (i.e. Randwick Local Environment Plan (Consolidation) 1998), the proposal could be considered as a temporary use of the land provided the temporary use is for a maximum period of 52 days in any period of 12 months and would therefore be permissible with consent pursuant to Clause 41 of the current LEP.

Clause 38 – Development in Open Space Zones

Clause 38 of the RLEP states that when determining an application for consent to carry out development on land within Zone No. 6A or 6B, the Council must consider:

(a) the need for the proposed development on that land, and

(b) whether the proposed development promotes or is related to the use and enjoyment of open space, and

(d) the need to retain the land for its existing or likely future.

As noted above, the proposed use of part of the racecourse as a drive-in cinema will provide greater opportunity for the enjoyment of the site by the boarder community. For this reason, it is considered that the proposal is consistent with the relevant provisions of Clause 38.

Clause 40A - Master Plans

Clause 40A of the RLEP states as follows:

(1) Despite any other provisions of this plan, consent may be granted to a development application made in respect of a site area consisting of more than 4,000 square metres of land only if:

(a) a master plan for the development of that land has been adopted in accordance with this clause, and

(b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.

The proposed development will be smaller in scale than the major carnival raceday or music festival events and is therefore considered to be relatively minor and should not result in any significant adverse impact on the amenity of the nearby development subject to a range of conditions to implement noise control measures and management plan for the general operation of the proposal. Furthermore, the subject site has an applicable DCP adopted on 8 May 2007 to which the proposal is consistent as discussed in Section 8.1 below. On this basis, it is considered appropriate to waive the requirement for a Masterplan for the site in respect of the subject proposal.

Clause 43 - Protection of heritage items, heritage conservation areas and relics

Clause 43 requires Council to consider the impact of proposals on, amongst other things, the heritage significance of the heritage conservation area in which a proposal is located. The proposed drive-in cinema will be held in the Royal Randwick Racecourse which is a heritage conservation area. The proposal will not involve any demolition, defacing, damage, removal or alteration to the heritage conservation area or the heritage item. Council’s heritage planner has assessed the proposed development and advises that the proposal will not impact on the heritage significance of the racecourse site. Accordingly, the proposal satisfies the provisions of Clause 43.

8.1 Policy Controls

a) Development Control Plan – Royal Randwick Racecourse

The Development Control Plan for Royal Randwick Racecourse essentially aims to provide the following planning and design objectives and performance criteria which will optimise:

§ Royal Randwick Racecourse as a thoroughbred racing, training and spectator facility of highest quality,

§ Royal Randwick Racecourse as an economic and tourism destination,

§ the physical, recreational and environmental quality of the Racecourse, particularly the site’s capacity and the spectator experience while respecting its heritage significance and landscape character,

§ the role of the Racecourse within its metropolitan and Randwick City context and its compatibility with adjoining lands; and

§ the Racecourse’s role as an open space recreation facility.

Whilst the DCP primarily controls the general pattern of land uses across the site, long term design of buildings, heritage conservation, traffic and transport systems, and landscape works for the Randwick Racecourse, the proposed development will be consistent with relevant objectives and performance criteria of the DCP. In particular, the proposed development will:

§ maintain the general pattern of land uses across the site as indicated in Map 2 of the DCP in so far as these relate to irregular non-racing recreation and entertainment events;

§ provides opportunities for new recreation uses across the site that are not incompatible with thoroughbred racing and stabling;

§ demonstrate that the amenity of adjacent land uses is to be maintained through the appropriate location and management of facilities and patrons; and

§ establish sound traffic/transport management strategies for non-racing recreation and entertainment events.

8.2 Council Policies

a) Section 94A Development Contributions Plan

The Section 94A Development Contributions levy does not apply to the subject application as the estimated cost of development is $5,200.

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 Security and anti-social behaviour

The risk of intoxication, anti-social, indecent and disorderly behaviour associated with the proposed development would be minimal as the majority of the patronage would be family orientated and there are appropriate policies and measures proposed to mitigate the potential risks (i.e. anti-social behaviour policy and alcohol free policy). There will be three security officers for crowd control, six staff for traffic control and a manager throughout the duration of each session to control the expected maximum capacity of 500 cars. It should be also noted that the Police have indicated that the proposed development is a low risk event due to its alcohol free policy and limited car capacity.

9.2 Noise

The noise impact associated with the proposed development is considered to be reasonable as the movie soundtrack will be broacast through each vehicle’s FM car radio (or portable FM receiver) and there are no external speakers proposed. The noise that may potentially affect the amenity of the adjoining/nearby residential development are from vehicles entering/leaving the subject site and packing/cleaning after the sessions. However, it should be noted that the nearest residential properties are located along Doncaster Avenue, which are at least 200m away from the subject site.

It is considered that the noise impact on the local area will likely to be less than that of a normal calendar race day and music event, with the exception that the proposal will extend until midnight when two sessions are proposed, which may have some noise impact on the amenity of nearby residents. Notwithstanding, should the application be approved, appropriate measures should be included to ensure the noise associated with the proposed use is maintained at a reasonable level and a time limited consent be issued to allow Council to monitor and re-evaluate the operation of the proposed development and compliance with the conditions of development consent.

9.3 Traffic

9.4 Waste Management

The proposal will adopt the waste management practices applicable for all race days and events at the Royal Randwick Racecourse. The waste management practices will ensure waste minimisation and recycling. Should the application be approved, appropriate waste management conditions should be imposed to ensure an adequate provision for waste management is provided.

9.5 Social and Economic Impact

The proposed drive-in cinema is unlikely to result in any adverse social effects in the locality. The proposal will provide alternative, safe and family oriented use of the open space and allow grater opportunity for the enjoyment of the site by the boarder community. The utilisation of the car park area of the racecourse would also contribute positively to the sustainable economic future of the racecourse and it would create a small number of additional employment opportunities in the locality.

Relationship to City Plan

The relationship with the City Plan is as follows:

Outcome 6: A liveable City.

Direction 6b: Our town centres, beaches, public places and streets are safe inviting, clean and support a recognisable I mage of our city.

Financial Impact Statement

There is no direct financial impact for this matter.

Conclusion

The proposed development is permissible in the zone. Whilst the intensity of the proposed use is likely to be greater than the use of the Racecourse on race days as it will operate at later hours, appropriate conditions for the implementation of a range of measures and management strategies can be applied to ensure that any adverse impact upon local residents is minimised. Notwithstanding this, due to the concerns raised by Manager of Integrated Transport regarding the potential traffic impact on the local road network, the application is recommended for refusal.

Recommendation

That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/880/2009 to use part of the Royal Randwick Racecourse infield precinct parking area at 77-97 Alison Road, Randwick, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year, for the following reasons:

1. The application does not demonstrate that the road system and traffic signals can handle the egress traffic.

2. The proposal fails to provide assessment of the effect of ‘left in only’ and ‘right out only’ controls on High Street intersection from the racecourse car park.

3. The proposed development will adversely affect the amenity of adjoining and surrounding residential properties in terms of increased traffic and associated noise.

Attachment/s:

Nil

Ordinary Council	22 June 2010

Director City Planning Report No. CP45/10

Subject: 227 Avoca Street, Randwick

Folder No: DA/161/2010

Author: David Mooney, Environmental Planning Officer

Proposal: Alterations and additions to existing health consulting rooms

Ward: East Ward

Applicant: Randwick Plastic Surgery

Owner: Sean Nicklin

Summary

Recommendation: Approval


	Subject Site




	Submissions received
	Ù North
	Locality Plan

1. Executive Summary

This development application is referred to Council because there are SEPP 1 objections to floor space ratio and landscaped area that exceed 10%.

The proposal is for alterations and additions to the rear of the existing health consulting room for a new reception, staff room, consult room and treatment room.

The site is on the eastern side of Avoca Street between Cuthill Street and Soudan Street, Randwick. It is 229m² with rear land access to Soudan Lane. The existing building is a Victorian Italianate terrace house and it is within ‘The Spot’ Heritage Conservation Area, but it is not a heritage item.

The proposal satisfies the relevant zone and heritage requirements of the Randwick LEP 1998, DCP Parking and DCP No 22 ‘The Spot’ and Surrounds Coogee Precinct.

There were no submissions from the public.

Approval, subjection to conditions, is recommended.

2. The Proposal

The proposal is for alterations and additions to the rear of the existing ‘health consulting room’. The proposal involves alterations and demolition of the existing single story addition and construction of a new 2 storey addition. There would be a new reception area, staff room, consult room and treatment room. A new sign is proposed at the front of the premises.

3. The Subject Site and Surrounding Area

The site is on the Eastern Side of Avoca St between Cuthill Street and Soudan Street, Randwick. It is rectangular with 6.325m frontage to Alison Rd, 36.195m depth and 229m². The site is approximately level and the prevailing topography has a gentle southerly aspect. There is rear lane access off Soudan Ln. The land is zoned 2B Residential. The existing building is a Victorian Italianate terrace house and it is within ‘The Spot’ Heritage Conservation Area, but it is not a heritage item. There are heritage items to the north-west and east, but there is no direct physical relationship between the proposal and these buildings.

Figure 1 – An aerial photograph of the site

4. Site History

The existing premises was approved for use as a health consulting room (a defined use in the Local Environmental Plan) in 1987. The premises had been a dwelling prior to that. Council’s database records the following application history:

· DA/376/1987, To use existing dwelling house for consulting room, ancillary waiting room & residence

· BA/576/1983, Internal alts

· BA/992/1980, Paling fence

· BA/488/1978, Alterations

5. State Environmental Planning Policy No 1

The proposal has landscaped area of 21.4%, which is less than the minimum landscaped area specified in Clause 20E Randwick LEP 1998 of 50%.The proposal has floor space ratio of 0.79:1, which exceeds the maximum floor space ratio specified in Clause 20F Randwick LEP 1998 of 0.65:1.

In assessing the applicant’s SEPP 1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been addressed. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority:

Matter 1: The Court must be satisfied that “the objection is well founded” (clause 7 of SEPP 1). The objection is to be in writing, be an objection “that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case”, and specify “the grounds of that objection” (clause 6 of SEPP 1).

The stated purpose of the standards as outlined in the LEP is:

Landscaped Area: To operate together with controls for floor space ratio and building height to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

Floor Space Ratio: To operate together with controls for building height and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

The applicant has submitted a written SEPP 1 objection, which outlines the following justifications for the variation to the standard:

Applicant’s SEPP 1 Objection for floor space ratio

Applicant’s SEPP 1 objection to landscaped area

Assessing Officer’s Assessment

The development standards for landscaped area and floor space ratio do not relate well to the prevailing urban character in the immediate area. This is a natural result of the antiquity of the streetscape. To the north there is a 4 storey apartment building that is typical of the style that was common in the 1960s and 1970s. The subject building is from the Victorian era and buildings to the south appear to be from the Art Deco era. An analysis of the floor and landscaped area characteristics of buildings in the immediate area would reveal a wide variety including some that comply and many that do not.

The proposed addition is minor; adding 7m² to the footprint of the existing building and 35m² to the overall floor area. Proposed height and side-setbacks continue the existing lines of the building. The additions would barely be visible from Avoca St and have negligible impact on the character of Soudan Ln and the environmental amenity of neighbouring buildings.

The proposal does not conflict with the purpose of the floor space ratio and landscaped area standards and the SEPP 1 Objection is well founded.

Matter 2: The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

The aims and objects of SEPP 1 set out in clause 3 are to provide “flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects in section 5(a)(i) and (ii) of the Act are to encourage:

“(1) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(2) the promotion and coordination of the orderly and economic use of developed land.”

Assessing Officer: The applicant has presented a case to establish that compliance with the standards would not hinder the attainment of the objects of the Act. The proposed development would have an acceptable impact on the character of the locality and this is consistent with the objects as quoted in the SEPP. The variation from the floor space ratio standard is consistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

Matter 3: The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

“(a) whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

Assessing Officer: The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill development in an established neighbourhood.

Ways of establishing that compliance is unreasonable or unnecessary

Preston C J expressed the view that an objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways:

Table - Establishing compliance is unreasonable or necessary
Method	Assessment
First	The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard. The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. If the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary and unreasonable. Assessing Officer: As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the design scheme will achieve the objectives of the development standard.
Second	A second way is to establish that the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary. Assessing Officer: The underlying objective or purpose of the standard is relevant to the subject development.
Third	A third way is to establish that the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable. Assessing Officer: The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable.
Fourth	A fourth way is to establish that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable. Assessing Officer: The floor space ratio standard has not been abandoned or discarded by any decision or actions of Council.
Fifth	A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that “compliance with the standard in that case would also be unreasonable or unnecessary. Assessing Officer: The existing Residential 2B zoning is considered to be appropriate for the locality.

6. Community Consultation

The proposal was advertised in the local press, the site sign-posted and the neighbours notified in writing in accordance with Council policy. There were no submissions.

7. 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.

Council’s consulting heritage advisor

The subject site is a narrow allotment located on the eastern side of Avoca Street on the western edge of The Spot Heritage Conservation Area. On it is sited a two storey freestanding rendered masonry Victorian Italianate terrace house probably built in the 1880s or 1890s which has been converted into medical consulting rooms. The front of the building is relatively intact and in good condition and presents well to Avoca Street as an Italianate terrace, but is missing some cast iron components such as the upper floor column and the verandah friezes on both levels. Despite this it makes a strong contribution to the heritage significance of the HCA. The site runs through to Soudan Lane which provides it with rear and vehicle access. There is a visually significant eucalypt tree in each the front and rear garden.

The building faces the historic sandstone buildings of the Randwick Hospitals Complex on the western side of Avoca Street. On its northern side it is flanked by a three storey orange texture brick residential flat building with ground floor garages probably dating from the 1960s, which is not a particularly sympathetic neighbour. On its southern side it is flanked by a two storey Inter War residential flat complex known as ‘Rostrevor’, which is more sympathetic in height, scale and character with it.

Proposal

Alterations and additions to the rear wings of the existing building to enlarge and improve it for its present use and improve its amenity.

New sign behind the existing front fence.

No changes to the main part of the existing Victorian terrace house are proposed.

Submission

The DA is accompanied by an SEE prepared by the designers of the project, Nick Bell D&A, which also incorporates a Heritage Impact Statement. The SEE indicates that the proposal does not comply with development standards in the Randwick LEP including minimum landscaped area and FSR, and SEPP 1 objections have been lodged in respect of these two controls. The SEE indicates that the proposal complies with relevant development standards in The Spot DCP.

The HIS incorporates a concise original statement of significance for the building and its contribution to the HCA, and is one of the few I have seen which notes that the building is significant because of its contribution to the HCA. It assesses the impact of the heritage proposal, noting that the proposed works are located wholly to the rear of the property, will not be visible from Avoca Street, and will have a neutral heritage impact on the surrounding streetscape. The HIS correctly notes that Soudan Lane is of limited heritage significance, and that the proposed alterations to the rear of the existing building, although contemporary in character, will be sympathetic in scale and proportions with surrounding rear frontages to the lane and will have little impact on it.

Assessment

Clause 43(4) of the Randwick LEP 1998 (Consolidation) requires the Council to consider the effect of the proposed development on the heritage significance of the HCA. Subclauses (a) to (c) list some matters of detail which should be considered.

Development guidelines for the Residential Zone are set out in section 4 of The Spot DCP. These contain the following objectives:

a. To conserve and enhance the existing residential streetscapes by ensuring any development respects the existing low scale residential character and complements architectural features of adjoining buildings, where appropriate.

b. To preserve significant landscape features within the area.

c. To seek to remove or screen detractive elements so that their impact on the historic character is minimised.

In this case the proposed development is confined to the rear of the site where it will not be visible from Avoca Street and will not form part of the streetscape which gives the area its historic character. Visibility of the alterations to the rear wings will be limited from Soudan Lane, which is in any case of limited heritage significance. The proposed development will not, therefore, have an appreciable adverse impact on the heritage streetscapes of the area. I note again that the DA does not propose alterations to the main part of the Victorian terrace building, and will not affect the two trees in the front and back gardens noted above. In my view the colours and finishes proposed for the rear alterations and the sign proposed for the front of the site are acceptable from a heritage viewpoint.

Assuming that the planning issues outlined above are acceptable, from a heritage viewpoint I believe that the DA proposal is acceptable and will not adversely affect the heritage significance of the HCA. In my opinion the proposal is consistent with the aims, objectives and provisions of the LEP and the DCP.

Building Services Officer

The Proposal

Alterations and/or additions to the existing 2 storey mixed residential/commercial building and change the use to entirely commercial (Medical practice).

BCA Building Classification

Class - 5 (Commercial/Medical practice)

Description of the Building

In summary, the building incorporates:

§ A ‘rise in storeys’ of 2

§ Masonry walls, tiled roof and timber floors

§ One exit stairway, of timber construction

§ One commercial tenancy

§ External balcony

§ Side boundary building setbacks of up to nil

Background

The existing building on site is a 2 storey commercial building bounded by residential development.

Building Code of Australia (BCA):

Details of compliance with BCA and fire safety provisions are not included in the DA documentation and therefore further detailed information would need to be incorporated in the documentation for a construction certificate.

Access for people with a disability:

The existing building does not satisfy the current BCA requirements and Disability Discrimination Act (D) objectives, in relation to access and facilities for people with a disability.

It is acknowledged that full compliance with the BCA may be difficult, impractical and or onerous to achieve, however, it is considered that the building could be upgraded to provide reasonable levels of access and facilities for people with a disability.

In this regard, access for people with a disability should be provided to the ground floor shops and sanitary facilities for people with a disability should also be provided to the development to a reasonable level.

Standard conditions could be included to address these requirements.

The applicant or other person having the benefit of the consent is also advised to fulfil their obligations under the DDA.

Site Management:

Standard conditions are proposed to be included in the consent to address construction site management issues, such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control and public safety.

8. Relevant Environmental Planning Instruments

Randwick Local Environmental Plan 1998

The site is zoned 2B residential under Randwick Local Environmental Plan 1998 and the proposal is permissible with consent. The following Clauses of the LEP 1998 apply:

Clause 11 Zone Objectives

The proposal is compatible with the character of the area. The proposal is consistent with the relevant 2B Residential Zone objectives.

The objectives of Zone No 2B are:

(a) to provide for a low to medium density residential environment, and

(b) to maintain the desirable attributes of established residential areas, and

(c) to protect the amenity of existing residents, and

(d) to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors

Part 2b Principle Development Standards

Development standards for landscaped area, floor space ratio and building height apply. The table below shows a compliance check. Non-compliance with landscaped area and floor space ratio are addressed in the SEPP 1 section of this report and are acceptable.

Part 2b Principle Development Standards
Standard	Assessment
Landscaped Area: Minimum 50%	21.4% Does not comply.
Floor Space Ratio: Maximum 0.65:1	0.79:1 Does not comply.
Building Heights: Maximum 10m/12m	6.5m/6.5m

Clause 43 Heritage Conservation

The proposal was accompanied by a Heritage Impact Statement, which is reviewed in the Technical Officer section of this report.

Section 94A Development Contributions

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development. In accordance with the plan, the following monetary levy is required:

Category	Cost	Levy	S94A Levy
Development cost more than $200000	$271,700.00	1.0%	$2,717.00

Development Control Plan – The Spot and Surrounds

The site is in the north-west of the land application area for this DCP. Its primary objective is to protect and enhance the historical values of the commercial centre and the surrounding residential precinct.

Clause 4 Residential Zone
Requirement	Assessment
Height: Maximum height 9.5m and 2 levels	Complies.
Setbacks: Buildings should not be oriented across sites contrary to established patterns.	No change to the existing address to Avoca Street. Satisfactory.
Setbacks: must not have a significant adverse impact on the existing streetscape.	Setbacks for the additions are continue the existing building lines and are satisfactory.
Advertising structures: Council to have regard for the impact of an advertising structure on the streetscape and/or an item of environmental heritage	The proposed sign is small and discreet and does not distract from the qualities of the streetscape or the street façade of the building. The advertising structure has no impact on nearby heritage items.
Car Parking: to be provided behind the main building alignment, preferably with access from the rear lane.	Parking is provided at the back of the building with access of the rear laneway. Satisfactory.
Renovation: New development including alterations and additions should complement the existing development by matching building materials, scale and proportions. When viewed from the street, development should be compatible with the scale and character of buildings in the vicinity. Extensions should be sited to the rear of setback as much as possible from the street.	The additions are at the rear. Building form, colours and materials are addressed by Council’s consulting heritage advisor in the Technical Officer section of this report.
Roof Forms: should harmonise with those of adjoining buildings in pitch, style and colours.	Building and roof form are addressed by Council’s consulting heritage advisor in the Technical Officer section of this report.
Front and side fences: Front fences should be designed to match the building and less than 1200mm. Side fences should be less than 1800mm.	No new fences are proposed.
Balconies/Verandahs and Upper Storeys: Retain or reinstate early verandah and balcony forms on historic buildings.	The proposal retains the front Victorian era front-verandah.

Development Control Plan - Parking

Health consulting rooms require 2 parking spaces for each consulting room. The proposal adds a second consulting room, which require in total 4 spaces. There is space sufficient for 4 spaces on the pavement in the back yard. Two of the spaces would be ‘stacked’ and this is acceptable because the use would generate a very low-turnover. There is a condition in the recommendation that requires the pavement in the back-yard to be marked with 4 parking spaces.

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.

Hours of operation

The original approval specified hours of operation from 9am to 6pm Monday to Friday. There is no proposal to amend these hours, and a condition is required to ensure they apply to the new floor area.

Overshadowing

The shadow diagrams accompanying the development application show a minor increase in the overshadowing to the northern elevation of the southern building. The real impact is even less. The northern elevation of the southern building would already be overshadowed by the 4 storey apartment building on the northern side of the subject site, and by the mature gum tree on the subject site. The minor increase in technical overshadowing is acceptable.

Section 79C ‘Matters for Consideration’	Comments
Environmental Planning Instruments
Section 79C(1)(a)(i) – Provisions of any environmental planning instrument	Refer to ‘EPI” section of this report.
Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument	Not applicable
Section 79C(1)(a)(iii) – Provisions of any development control plan	Refer to the “DCP” section of this report.
Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement	Not applicable.
Section 79C(1)(a)(iv) – Provisions of the regulations	The relevant clauses of the Regulations have been satisfied.
Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality	The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below. The proposed development is consistent with the dominant residential character in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.
Section 79C(1)(c) – The suitability of the site for the development	The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.
Section 79C(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation	There were no submissions.
Section 79C(1)(e) – The public interest	The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

Relationship to City Plan

The relationship with the City Plan is as follows:

Outcome: Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction: Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

Key action: Encourage and reward design excellence and sustainability.

Financial Impact Statement

There is no direct financial impact for this matter.

Conclusion

The proposal is for alterations and additions to the rear of the existing health consulting room for a new reception, staff room, consult room and treatment room.

The proposal satisfies the relevant zone and heritage requirements of the Randwick LEP 1998, DCP Parking and DCP No 22 ‘The Spot’ and Surrounds Coogee Precinct.

There were no submissions from the public.

Approval subjection to conditions is recommended.

Recommendation

A. That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20E and 20F of Randwick Local Environmental Plan 1998, relating to landscaped area and floor space ratio, on the grounds that the proposed development complies with the objectives of the clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

B. That Council, as the consent authority, grants Development Consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/161/2010 for alterations and additions to existing health consulting rooms at 227 Avoca Street, Randwick subject to 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:

1. The development must be implemented substantially in accordance with the plans numbered DA100, DA101, DA102, DA200, DA201, Revision B, dated 28 April 2010 and received by Council 30 April 2010, 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:

2. Hours of operation are restricted to 9.00 a.m. to 6.00 p.m., Monday to Friday.

3. Four car-parking spaces having minimum dimensions of 2.5m x 5.5m must be marked out on the pavement in the rear yard. Two of the parking spaces will need to be ‘stacked-spaces’.

The following condition is applied to meet additional demands for public facilities;

4. In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $271,700.00 the following applicable monetary levy must be paid to Council: $2,717.00

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

Regulatory

5. 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.

6. 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.

7. Prior to the commencement of any building works, a construction certificate must be obtained from the Council’s Building Certification Services or an Accredited Certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

8. Prior to the commencement of any building works, the person having the benefit of the development consent must:

i) appoint a Principal Certifying Authority, and

ii) appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

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

iv) give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

9. The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 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).

The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

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

· name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

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

12. Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

13. In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of any residential building work, a contract of insurance must be obtained, prior to the commencement of works, in accordance with the provisions of the Home Building Act 1989. Details of compliance are required to be provided to the Principal Certifying Authority.

14. 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.

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

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

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing any works.

Fire safety

16. The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate:

a) The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

1) Provide portable fire extinguisher/s within the, building, in accordance with clause E1.6 of the BCA,

2) Provide a non-combustible enclosure (i.e. a metal cabinet) with seals to prevent the passage of smoke to electricity meters and switchboard located in corridors, exits and within stairways etc,

3) Balustrades and handrails to stairway/s, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

4) Prior to commencing the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

17. A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

Structural adequacy

18. A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of a construction certificate, certifying the structural adequacy of the existing structure to support the proposed works.

Building & demolition works

19. Demolition work and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following requirements (as applicable):

· Occupational Health and Safety Act 2000

· Occupational Health and Safety (Hazardous Substances) Regulation 2001

· Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

· WorkCover NSW Code of Practice and Guidelines

· Australian Standard 2601 (2001) – Demolition of Structures

· The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

· Randwick City Council Asbestos Policy (adopted 13 September 2005)

20. In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

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

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

b) A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS 2601-2001, Demolition of Structures.

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

d) Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

e) On demolition sites involving the removal of asbestos, a professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

f) A certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

21. Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

22. 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.

23. Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

a) The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times. Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

b) 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.

c) 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.

e) 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. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.

f) Public safety must be maintained at all times and public access to demolition/building works, materials and equipment on the site is to be restricted. If required, a temporary 1.8m high safety fence or hoarding is to be provided to protect the public, located between the work site and the public place. An awning may also be required to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

Temporary fences or hoardings or the like are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

The public safety provisions and temporary fences or hoardings 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 any part of the footpath, nature strip or any public place, the written consent from Council’s Health, Building & Regulatory Services department 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.

g) A separate local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities upon any part of the footpath, road, nature strip or in any public place:-

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

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

· Placement of a waste skip or any other container or article on the road, footpath or nature strip.

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:

24. The use and operation of the premises shall not give rise to an environmental health or public nuisance, vibration or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

25. The 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.

Access & Facilities

The following conditions are applied to provide appropriate access and facilities to the premises:

26. Access and facilities for people with disabilities must be provided to new building work in accordance with any relevant provisions of the Building Code of Australia, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

Wherever practicable, existing buildings are to be upgraded to provide reasonable provisions for people with a disability, to the satisfaction of the Certifying Authority (i.e. provision of an entrance ramp having a maximum grade of 1 in 8).

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, particularly in relation to fire rating requirements. 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/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act. In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

Attachment/s:

Nil

Ordinary Council	22 June 2010

Director City Planning Report No. CP46/10

Subject: 38 Cliffbrook Parade, Clovelly

Folder No: DA/862/2009

Author: Frank Ko, Executive Planner

Proposal: Construction of a new part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool

Ward: North Ward

Applicant: Rolf Ockert Design

Owner: Mr M Lubotzky & Mrs J D Lubotzky

Summary

Recommendation: Approval


	Subject Site




	Submissions received
	Ù North
	Locality Plan

1. Executive Summary

This development application is referred to Council at the request of Councillors Woodsmith, Smith & Tracey and the estimated cost of development is $2,325,466.

The proposal involves construction of a new part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool.

The subject site is located on the north-western corner of Cliffbrook Parade and Lowe Street overlooking Gordons Bay. The site has a moderate slope of some 10.46m from northwest to southwest. The site has a total site area of 592sqm and is currently occupied by a part one/part two storey brick dwelling and detached garage to the rear.

The application has been the subject of several letters of objection with the primary concern being view loss.

The proposal has been amended by reducing the height of the building to comply with the maximum external wall height limit (i.e. 7m) and the setback of the upper level has been increased by up to 2m from Cliffbrook Parade boundary and 1.5m from Lowe Street boundary.

The amended plans submitted on 18 May 2010 were not re-notified because the amendments reduced the size and impact of the proposed development.

Height poles were erected for the amended proposal and affected properties were inspected in relation to view loss. It is considered that the proposal is consistent with the principles of view sharing and the extent of view loss is not significant enough to warrant refusal of the application.

The revised proposal satisfies the relevant objectives and performance requirements of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies and is consistent with the aims and objectives of the Randwick Local Environmental Plan 1998.

The application is recommended for approval subject to conditions.

2. The Proposal

The proposal involves construction of a new part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool at the rear of the site.

3. The Subject Site and Surrounding Area

Detached garage to rear at northern boundary Front of dwelling from Cliffbrook Parade/Gordons Bay

The surrounding streetscape is comprised of a mixture of densities and architectural styles though typically within Lowe St there are two and three storey multi unit developments.

Looking north to Lowe St from Cliffbrook Parade Eastern side of Lowe Street

Western side of Lowe Street Gordons Bay looking south-west of subject site

The site is located within the Scenic Foreshore Protection Area being positioned on Cliffbrook Parade which wraps around the foreshore of Gordons Bay. Typically dwellings within this section of Clovelly around the Bay are three to four storeys due to the steepness of sites as they descend towards the water.

4. Site History

A development application (DA/447/2004) for the demolition of the existing dwelling and erection of a new attached dual occupancy and associated garage was approved at the Health, Building and Planning Committee meeting of 14 December 2004.

5. Application History

The proposal was revised by submission of amended plans received by Council on 18 May 2010 in the following manner:

Level Changes:

§ Highest roof level has been lowered by 1,000mm from RL 22.45 to RL 21.45.

§ Lowest roof level has been lowered by up to 750mm from RL21.1 on north and RL 20.55 on south to RL 20.35.

§ Master bedroom level has been lowered by 400mm from RL 17.97 to RL 17.52.

§ Northern bedroom level has been increased by 220mm from RL 17.1 to RL 17.32.

· Main living level (entry level) has been lowered by 600mm from RL 14.77 to RL 14.17.

· Lower level has been lowered by 600mm from RL 11.7 to RL 11.1

Setbacks:

· Master bedroom southern setback from level below increased to 2,000mm.

· Master bedroom eastern setback from boundary increased from 1,079mm to 1,500mm.

Layout:

· Internal reconfiguration including relocation of the Bedrooms 2 and 3 with associated bathroom, rumpus and study to the northern upper level.

· Former TV room on northern entry level changes to open patio area.

· Guest room, studio and study located on lower level.

As a result of the above amendments, the floor space ratio of the revised proposal has been reduced from 0.77:1 to 0.72:1 (i.e. 22sqm).

6. Community Consultation

The proposal has been notified in accordance with Council’s policy. The amended plans submitted on 18 May 2010 were not re-notified because the amendments reduced the size and impact of the proposed development. The following submissions were received:

§ Unit 2, 3 Lowe Street, Clovelly

§ Unit 4, 3 Lowe Street, Clovelly

§ Unit 6, 3 Lowe Street, Clovelly

§ 6 Lowe Street, Clovelly

§ 8 Lowe Street, Clovelly

§ 10 Lowe Street, Clovelly

§ 12 Lowe Street, Clovelly

The key issues are as follows:

§ Concern for view loss

View loss is discussed in detail under Section 9 of this report. It is considered that there is some view loss associated with the proposal for adjoining properties however on balance it is not significant enough as to warrant refusal of the application.

§ The bulk and scale of the proposed dwelling are excessive

The proposed built form has incorporated design features such as staggering wall planes and window openings, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile sloping roof, which will minimise the overall building height and allow greater sharing of views. Despite non-compliance with the maximum floor space ratio control, the proposed design measures will minimise the visual bulk of the building. Overall, the proposal will present as a two storey dwelling house to Lowe Street and is consistent with the built form, height and scale of the existing detached residences in the area.

§ Loss of value of property due to proposal

Property values are influenced by many factors, of which planning matters constitute only a small number. Given that the proposal will contribute to the urban fabric, with minimal impacts and achieves the objective of Council’s planning instruments, it is likely that the proposal will have a positive impact on the value of properties in the area.

7. Technical Officers Comments

The application has been referred to Council’s Development Engineer and the following comments have been provided:-

Landscape Comments

The site survey shows that the 6 metre tall Lagunaria patersonii (Norfolk Island Hibiscus), is growing just beyond the northeast corner of the site, hard up against the existing garage, which despite being a native coastal tree, is deemed to be an undesirable species as after flowering, its seed pods release fine ‘fibreglass like’ hairs, which are highly irritable to both humans and animals.

This is seen as justification for its removal, irrespective of this application, and given its restricted growing environment both above and below ground, as well as the fact it will be heavily damaged during both demolition and construction, the only option available is removal on the grounds of its future safety and stability, with the relevant consent included in this report.

The inclusion of screen planting or appropriately sized feature trees within the rear yard has been recommended in order to reduce overlooking into this primary area of private open space from the adjoining 2-3 storey dwelling immediately to the west, 36 Cliffbrook Avenue, with the Coprosma repens (Looking Glass Plant), in the front yard, close to the southern edge of the existing dwelling, needing to be removed as it is recognised as an environmental weed that invades areas of native bushland, with the Metrosideros excelsa (NZ Xmas Tree/Pohutukawa) to its south, towards the southwest corner of the site, also needing to be removed as it is already dead.

While enjoying uninterrupted water views, the front portion of this site is almost completely unusable due to a combination of rock outcrops and its steep slope down to the south, approximately 5 metres (from 11.70 to 6.35), with an informal arrangement of unappealing timber stairs and handrails currently facilitating access in this area.

An important issue needing to be considered as part of any proposed development in this area is the presence of the coastal walk and environmentally sensitive and protected Gordons Bay Reserve, which directly adjoins the front boundary of this site, with Part 3, Clause 29 of Council’s LEP (1998), requiring that Council consider the aesthetic appearance of a proposed building at this location.

The plans note that these rock outcrops will be retained as existing site features, which is supported by Council as they may offer a habitat source for native fauna, and would also minimise the amount of bulk excavations and earthworks, as well as assist with softening the impact or visual dominance of this larger building on the public domain/coastal walk.

Any planting here needs to be provided within raised or retained ‘pockets’ of soil, using existing site sandstone wherever possible, and given its frontline location and drainage/runoff issues, a predominance of those native species that can tolerate both the harsh salt laden winds, as well as moist, boggy soil conditions will need to be selected, and must be arranged so as to complement the architectural style of the proposed dwelling and floristic of Gordons Bay Reserve, and must not be those which have the potential to escape cultivation (either vegetatively or by seed).

In recognition of the issues discussed above, a professional landscape designer should be consulted to come up with a plan that would see landscaping form an integral part of the overall improvements being proposed for the site.

Drainage Comments

There are drainage issues at the end of Lowe Street as sediment and rubbish laden stormwater spills over the cliff at the end of Lowe Street and is causing erosion of the cliff face and also downstream of the cliff face over the coastal walk.

To eliminate the contribution to this problem from the subject site stormwater runoff shall be piped to a sediment/silt arrestor pit located within the site that drains directly to Gordon’s Bay reserve via a suitable headwall outlet.

SEPP71 Comments

In addition to the above drainage comments it is noted that the site is subject to the requirements of SEPP 71-Coastal Protection. SEPP 71 states that “the consent authority must not grant consent to a development application to carry out development on land subject to SEPP 71 if the consent authority is of the opinion that the development will, or is likely to, discharge untreated stormwater into the sea, a beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or onto a rock platform”.

Council is therefore obliged to ensure stormwater runoff from the property is effectively managed and appropriate conditions have been attached to this report.

Parking Comments

The application meets the requirements of Council’s DCP-Parking and Australian Standard 2890.1:2004.

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 (LEP)

The site is zoned 2(a) Residential 'A' under Randwick Local Environmental Plan 1998 and the proposed dwelling house is permissible with Council’s consent.

The objectives of the 2(a) zone are as follows:

(a) to provide a low density residential environment, and

(b) to maintain the desirable attributes of established residential areas, and

(c) to protect the amenity of existing residents, and

(d) to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

(e) to encourage housing affordability, and

(f) to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

The proposal is consistent with the relevant objectives of the zone in that the proposed dwelling house will maintain the residential character of the area. The proposed built form is consistent with other multi-level dwelling houses on sloping sites that are orientated to Gordons Bay. The proposal will not result in any unreasonable adverse impacts on the amenity of adjoining/nearby properties and the environment of the locality (refer to discussion below under Section 9).

The following Clauses of the LEP 1998 applies to the proposal:

Clause 29 – Foreshore Scenic Protection Area

The subject site is contained in a Foreshore Scenic Protection area. Council is required to consider the probable aesthetic appearance of the proposed development in relation to the foreshore.

The proposal has been considered in regard to protecting the visual qualities of the foreshore area. The aesthetic appearance of the development has been considered and the elevation plans & the montage of the proposal indicate that the development will not detract from the character and aesthetic quality of the foreshore area. Accordingly, the proposal complies with the provisions of Clause 29.

Clause 40 Excavation and filling of land

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken to construct the lower floor level and the proposed in-ground swimming pool. These works will not result in any significant impact on the topography of the site, is unlikely to interrupt the drainage patterns of the site or result in soil instability and will not adversely impact upon the scenic quality of the site and locality. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

8.2 Randwick Local Environmental Plan 1998 (Consolidated)

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010. Clause 7 of the Randwick Local Environmental Plan 1998 (Consolidation) requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of this plan. The subject application was lodged on 23 November 2009 and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

8.3 State Environmental Planning Policy No. 71 – Coastal Protection (SEPP 71)

The subject site adjoins the foreshore at Gordons Bay and is contained within a coastal zone and therefore SEPP 71 is relevant to the proposal. The Council is required to consider the aims of the policy and other environmental criteria when considering a development application in the Coastal zone. The aims of the policy seek to minimise the impact of development on the coastal zones and ensure their ongoing protection. The matters contained in Clause 8 are as follows:

(a) the aims of this Policy set out in clause 2,

(b) existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

(c) opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,

(d) the suitability of development given its type, location and design and its relationship with the surrounding area,

(e) any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

(f) the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

(g) measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,

(h) measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

(i) existing wildlife corridors and the impact of development on these corridors,

(j) the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

(k) measures to reduce the potential for conflict between land-based and water-based coastal activities,

(l) measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

(m) likely impacts of development on the water quality of coastal waterbodies,

(n) the conservation and preservation of items of heritage, archaeological or historic significance,

(o) only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities,

(p) only in cases in which a development application in relation to proposed development is determined:

(i) the cumulative impacts of the proposed development on the environment, and

(ii) measures to ensure that water and energy usage by the proposed development is efficient.

The proposal is considered generally consistent with the relevant aims of the policy given it will not affect the existing public access along the Gordons Bay foreshore or result in unreasonable overshadowing to the coastal foreshore or a significant loss of views from a public place.

The amended proposal is considered to be an appropriate design, bulk, scale and size considering the topographical features of the subject allotment and the bulk/scale of the surrounding buildings.

The proposal is considered generally acceptable with respect to the matters for consideration under SEPP 71.

The requirements under the NSW Coastal Policy are also similar to those contained in SEPP 71. The proposal is therefore considered to be consistent with NSW Coastal Policy.

8.4 SEPP (Building Sustainability Index: BASIX) 2004.

The proposal is for a new dwelling and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

The revised plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

8.5 State Environmental Planning Policy No. 55 (SEPP 55)

Clause 7(1) (a) of the SEPP 55 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.

8.6 Development Control Plan – Single Dwellings and Attached Dual Occupancies

The proposal generally satisfies the preferred solutions and performance requirements of this Development Control Plan. Non-compliance with the preferred solutions is discussed in the Environmental Assessment section of this report. A compliance table follows.

Development Control Plan – Dwelling Houses and Attached Dual Occupancies
Clause	Control	Proposed	Compliance (Yes/No)
Landscaping	40 % of site provided as landscaped area	47%	Yes
	25m² of private open space provided.	Approximately 110m²	Yes
	Min. dimensions of 3m x 4m & minor level change	Approximately 7.5m x 13m	Yes
	Open space behind the building line.	Yes
	20% of the site area is permeable.	26%	Yes
Floor area	(Site area 592.1m²) 0.505:1 or 299sqm	0.72:1 or 432sqm (including the area below the natural ground level)	No – See discussion in Section 9 of this report.
Height, Form & Materials	External wall height maximum 7m	As noted previously, the height of the proposed dwelling has been reduced by up to 1,000mm. As a result, the height of the external wall of the amended proposal varies from 4.8m to 7m (refer to East and West Elevations).	Yes
	External wall height to the rear maximum 3.5m.	The height of the proposed garage is approximately 3m.	Yes
	Cut or fill maximum 1m.	Up to 3.2m at the lower ground floor level (see Long Section)	No – See discussion in Section 9 of this report.
	No excavation within 900 mm of a side boundary.	The proposed lower ground floor level of the dwelling is setback 900mm from the western side boundary and 1,450mm from the eastern side boundary. However, the proposed in-ground pool will be built up to the western side boundary.	Partly complies. Appropriate conditions have been included in the recommendation of this report should the application be approved to ensure the excavation works are to be carried out in accordance with Council requirements and relevant standards.
	No excavation within 4m of a rear boundary.	The proposed in-ground pool is setback 6,709mm from the rear boundary.	Yes
	The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.	Not applicable as the southern boundary of the site faces the ocean and the proposed dwelling is setback more than 1.5m from the boundary.	N/A
	The 2nd storey addition to a semi respects the adjoining semi-detached dwelling.	N/A	N/A
	Buildings are designed to allow a sharing of views.	The proposed development will affect the views of the adjoining and nearby properties. An assessment of the reasonableness of the proposal, in terms of view loss, using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council is provided in Section 9 of this report.	Yes. Refer to Section 9 of this report.
Building setbacks	Front setback average of adjoining dwellings or 6m	As noted previously, the revised proposal includes an additional setback of 2,000mm from the Cliffbrook Parade boundary and is generally conforms with the setback of adjoining development and the dominant setback along this section of Cliffbrook Parade.	Yes
	Rear boundary setback at least 4.5m	The proposed dwelling is setback 15,284mm from the rear boundary. However, the proposed garage will be built on the rear boundary.	Partly complies. The proposed garage is located in a similar location as the existing garage and will be screened by the existing retaining walls/fence on northern and western boundaries and therefore should not result in any additional impact.
	Side setbacks be 900mm at ground level.	The setback of the proposed dwelling varies from 900mm 2,529mm.	No – See discussion in Section 9 of this report.
	Side setbacks be 1.5m at second floor level.
	Side setbacks be 3.0m at third floor level.
Visual & Acoustic Privacy	Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing up to 1.5m above floor level.	Kitchen and bedroom windows are high-sill and/or obscure glass where necessary. Front living room has windows that return around the side, but these do not require additional protection. Neither does the front terrace because it faces Gordon Bay and overlooks front yards and not private open spaces.	Yes
	Direct view into open space of an adjoining dwelling is obscured or screened within 9m and beyond 45 degrees.
	Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.
Safety & Security	Front doors of dwellings are visible from the street.	The front door of dwelling is visible from Lowe Street.	Yes
	Dwellings have at least one habitable room window overlooking the street.	The proposal provides windows and balconies to habitable rooms that overlook the street.	Yes
	A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.	Not shown on the plan.	Appropriate condition for street numbering is included in the recommendation of this report.
Garages & Driveways	1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.	2 spaces	Yes
	Parking spaces have a min. dim of 5.5m x 2.5m.	7,486mm x 6,709mm	Yes
	Driveway minimum width of 3m and side setback 1m	Same as existing.	N/A
	Driveway maximum width of 3m at the boundary.	Same as existing.	N/A
	Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.	Satisfactory
	Garages and carports to rear lanes set back 1m.	N/A	N/A
	Parking and access is provided from the rear.	N/A	N/A
	Garages and carports located behind the building line where parking only available from the front of the site.	N/A
	Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment	Approximately 13%	Yes
Fences	Sandstone fences and walls are retained/recycled.	No sandstone
Fences	Fences in front of the building line or on street frontages up to 1.8m and upper 2/3 is at least 50% open.	Up to 1,800mm on all boundaries.	Yes
Foreshore Development	No encroachments on Foreshore Building Line.	N/A	N/A
	Stepped buildings on sloping sites are articulated.
	Form, colour, materials and finishes are sympathetic.
	Buildings incorporate setbacks to allow sharing of views.
	Ancillary structures do not detract from appearance.
Solar Access and Energy Efficiency	New dwellings comply with 3.5 stars on the NatHERS.	See revised BASIX received by Council on 18 May 2010.	N/A
	Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.	North facing private open space receives full solar access	Yes
	North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.	North facing living areas receive full solar access	Yes
	Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.	No impact to solar collectors	Yes
	North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight 9am - 3pm 21 June, or not further reduced.	No impact to north facing living room windows	Yes
	Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June, or not further reduced.	North facing private open spaces continue to receive full solar access	Yes

8.7 Section 94A Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development. In accordance with the plan, the following monetary levy is required:

Category	Cost	Levy	S94A Levy
Development cost more than $200000	$2,325,466	1.0%	$23,254.66

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 Likely impact of the development - S79C(1)(b)

9.1.1 Natural Environmental Impacts

The subject site contains an existing dwelling house in a developed suburban context. As such, the subject site contains no endangered flora or fauna that will be affected by the proposed development. Accordingly, the proposal will be acceptable in terms of natural environmental impacts which will be minimal, if not, nonexistent.

9.1.2 Built Environmental Impacts

Floor Space Ratio

The Objectives and Performance Requirements of the DCP are that developments are not excessive in bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

A summary of the non-compliance is provided below:

Site Area: 592.1m²

Maximum allowable FSR: 0.505:1 or 299.17m²

Proposed FSR 0.72:1 or 432m²

Area exceeding maximum allowable FSR: 0.14:1 or 132.83m²

The break down of the proposed floor areas is as follows:

	GFA (m²)	Terrace/Balcony (m²)	Void (m²)
Lower Ground Floor Level (below existing ground level)	116	0	0
Ground/Garage Floor Level	168 (excluding 40m² of garage and pool plant room)	14.3	11.37
First Floor Level	148	2.73	19.58
Sub Total	432	17.03	30.95
Subtract 40m² of decks/terraces more than 1m above ground level and void up to 10% of total floor area		The total area of the balcony/deck/terrace more than 1m above ground level is less than 40m²	432 x 10% = 43.2 (the proposed void area is within the 10% limit)
Total GFA	432

NB. The above calculations have been made based on the definition of “gross floor area” contained in the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

As indicated above, the proposal represents 132.83sqm of excess floor area, which does not comply with the preferred maximum floor area for the subject site. However, it should be noted that the total GFA includes an area of 116sqm at the lower floor level which is entirely below the existing ground levels and does not create any adverse impact on the amenity of the adjoining properties in terms of access to natural light, daylight and fresh air or add to the visual bulk as viewed from neighbouring properties and the public domain (i.e. Lowe Street and Cliffbrook Parade walkway). If the area at the lower ground floor level is excluded from the total GFA calculation, the proposal would result in a breach of maximum FSR by 0.029:1 which equates to 16.83sqm of floor area.

Despite non-compliance with the maximum floor space ratio control, the proposed design measures will minimise the visual bulk of the structure. The proposed built form has incorporated staggering wall planes and window openings, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile sloping roof, which will minimise the overall building height and allow greater sharing of views. Overall, the proposal will present as a two storey dwelling house to Lowe Street and is consistent with the built form, height and scale of the existing detached residences in the area. For these reasons, the proposal is considered to be acceptable and the relevant objective and performance requirement in relation to floor area have been achieved.

Side setbacks

The proposed building is a complex case to apply DCP preferred solutions for side setbacks. The preferred solutions are different for each level of a building. Higher levels have greater preferred side setbacks. The proposed building is part 2 and part 3 levels, but only 2 levels are above the existing ground at any point on the site. The preferred solution for side setback is reproduced below.

Preferred solution for side setback S3

Side setbacks are no less than:

· 900mm for any part of a building over 1m above ground level and up to one level in height.

· 1.5m for any part of a building, the height of which is two levels at that point;

· 3.0m for any part of a building, the height of which is more than two levels at that point.

A literal interpretation of the preferred solution would result in an unusual outcome. A building with basement could comply with the preferred solution provided the above ground level was 900mm from a boundary. However, at the same time, it would not comply because it is 2 levels at that point and requires a 1.5m setback.

It is never the intention of a development control plan to induce compliance and non-compliance at the same time. Therefore a more purposive interpretation of the preferred solution is necessary.

The DCP performance requirement for side setback is reproduced below.

Performance requirement for side setbacks P3

Building forms and setbacks allow occupants and neighbours adequate access to natural light, daylight and fresh air…’

Any part of a building that is below existing ground level would not have a bearing on the neighbour’s access to natural light, daylight and fresh air. A more purposive interpretation could account for this by construing each dot point together and in sequence (and not in isolation) by carrying over the use of ‘ground level’ in the first dot point to subsequent dot points, as in the following.

Purposive interpretation of preferred solution for side setback S3

Side setbacks are no less than:

· 900mm for any part of a building over 1m above ground level and up to one level in height.

· 1.5m for any part of a building, the height of which is two levels [above ground level] at that point;

· 3.0m for any part of a building, the height of which is more than two levels [above ground level] at that point.

Interpreting the clause in this manner allows a fair comparison of the above-ground setbacks of the proposed building with the above ground setbacks of a building with no basement because it excludes parts of the proposed building that have no bearing on the neighbour’s access to natural light, daylight and fresh-air.

The proposed building has the following above ground setbacks.

	Ground	Second	Third
Setback to eastern boundary	310mm to 2,529mm	1,500mm to 2,529mm	n/a
Setback to western boundary	900mm to 3,515mm	900mm to 1,500mm	n/a

There is a small section of the eastern wall (i.e. 2.7m) that is setback a minimum of 310mm from the eastern side boundary at ground/entry floor level. This wall is in the southern side of the site and does not affect solar access to any nearby north facing windows. Further, a portion of this wall will be blocked by the proposed fence along Lowe Street boundary and the remaining wall is setback up to 2,529mm from the boundary with appropriate modulation to further minimise the visual bulk and create visual interest. The setback from a section of western wall at upper level is considered acceptable as it will not result in any unreasonable amenity impact. It is considered that the variation in this case is acceptable and strict compliance with the side setback requirements would not result in any significant improvement to the amenity of the adjoining dwellings and the character of the streetscape.

Excavations

There are excavations up to 3.2m for the proposal. The excavations are within the footprint of the dwelling (except for the in-ground pool) and will require shoring and retaining. There are conditions in the recommendation that require a dilapidation report on adjoining dwellings if necessary.

View Sharing

In terms of view loss, objections have been raised from nearby residents (i.e. Nos. 3 and 6 to 12 Lowe Street) citing loss of views to south and south-west of objectors’ properties.

The applicant was requested to erect height poles on the subject site to allow a better understanding of the view related impacts from the nearby dwellings.

It should be noted that the RLs of the height poles have been verified by a registered surveyor engaged by the applicant.

The following photos show the views currently available from the objectors’ properties.

a) Views from Unit 2, 3 Lowe Street

Approximate outline of the proposed dwelling

Photo 1: View from the living room window of Unit 2, 3 Lowe Street looking south over the subject site

b) Views from No. 6 Lowe Street

Approximate outline of the proposed dwelling

Photo 2: View from the front first floor balcony of No. 6 Lowe Street looking southwest over the subject site

c) Views from No. 8 Lowe Street

Approximate outline of the proposed dwelling

Photo 3: View from the front first floor balcony of No. 8 Lowe Street looking southwest over the subject site

d) Views from No. 10 Lowe Street

Approximate outline of the proposed dwelling

Photo 4: View from the front first floor balcony of No. 10 Lowe Street looking southwest over the subject site

e) Views from No. 12 Lowe Street

Approximate outline of the proposed dwelling

Photo 5: View from the front first floor balcony of No. 12 Lowe Street looking southwest over the subject site

The DCP contains the following Performance Requirements relating to view sharing:

§ Performance Requirement P6 under Part 4.3 Height, Form and Materials of the DCP requires that “buildings are designed to allow a sharing of views”.

§ Performance Requirement P2 under Part 4.4 Building Setbacks of the DCP requires that “building forms and setbacks allow neighbours adequate access to natural light and a share of views and preserve established trees and vegetation and be generally consistent with the setback of adjoining properties.”

§ Performance Requirement P4 under Part 4.9 Foreshore Development of the DCP requires that “buildings incorporate sufficient setbacks to allow planting and a fair sharing of views.”

The concept of ‘view sharing’ was further defined in the Land and Environment Court by Senior Commissioner Roseth in Tenacity v Warringah Council (2004) proceedings. The Senior Commissioner’s discussion of the notion of view sharing is provided below as background:

“The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for its own enjoyment. (Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable.) To decide whether or not view sharing is reasonable, I have adopted a four-step assessment.”

The planning principle established by the Land and Environment Court in Tenacity v Warringah Council proceeding is used to make an assessment of the reasonableness of the proposal, in terms of view-loss. The following paragraphs provide an assessment of the proposal in accordance with the four (4) step process established in the proceedings.

(1) “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

As shown in the photos 1 to 5 above, the views from the objectors’ properties can be summarised as follows:

§ View of the land and water interface (i.e. Gordons Bay headland) partially block by the existing dwelling on the subject site and the adjoining building at No. 36 Cliffbrook Parade.

§ View of a portion of Dunningham Park partially block by the existing building at No. 36 Cliffbrook Parade.

§ Distant view of Coogee Surf Life Saving Club.

§ Distant district view of Coogee and South Coogee

§ View of the ocean partially block by the existing buildings along northern side of Cliffbrook Parade.

(2) The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

Whilst the views from the properties at Nos. 6, 8, 10 & 12 Lowe Street are available from the front first floor balcony, these views can only be obtained in an oblique direction over the subject site. The views from the units in No. 3 Lowe Street are available from the windows/balconies across the side boundary over the subject site. All views can be enjoyed from a standing or sitting position.

(3) The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

As shown in Photos 2 to 5 above, the views to Gordons Bay headland, top of Dunningham Park reserve and Coogee Surf Life Club will be affected. However, the majority of the water and distant district views will be retained. It is therefore considered that the extent of view loss from the affected properties (i.e. Nos. 6, 8, 10 & 12 Lowe Street) would be moderate.

The impact for dwellings within the residential flat building at No. 3 Lowe Street would be negligible. The proposal will only block a small portion of water view. The view to the Wedding Cake Island and the distant district/headland will be fully retained.

(4) The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

Whilst it is acknowledged that the proposal will result in moderate view loss to the affected properties. It should be noted that the proposal has been amended by reducing the height of the building by up to 1m to comply with the maximum wall height limit and the setbacks at the first floor level from Cliffbrook Parade and Lowe Street boundaries have also been increased by up to 2m and 1.5m, respectively, to allow greater sharing of views. In addition, the proposal incorporates a low profile sloping roof which minimise the overall building height, allows greater sharing of views and is less obtrusive than a conventional pitched roof.

Having regard to the above assessment, it is considered that the amended proposal is more skilfully designed than the original scheme or a compliant development with a conventional pitched roof, such that the view-related impacts of the proposal are acceptable.

9.5 Site Suitability

The proposal involving the construction of a new dwelling house is suitable for the site particularly in view of its residential zoning and surrounding residential context.

Relationship to City Plan

The relationship with the City Plan is as follows:

Outcome: Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction: Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

Key action: Encourage and reward design excellence and sustainability.

Financial Impact Statement

There is no direct financial impact for this matter.

Conclusion

For the most part, the amended proposal complies with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies. Where compliance with the preferred solutions has not been achieved, the proposal is considered to be acceptable.

In terms of view loss, the amended proposal has been assessed using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council (2004) proceedings and was found to be acceptable in regards to the four step assessment set out by Senior Commissioner Roseth.

Having regard to all relevant matters for consideration, the amended proposal will not result in any significant adverse impacts upon either the amenity of the adjoining/nearby properties or the character of the locality including the foreshore scenic area.

For the above reasons, the amended proposal is recommended for approval subject to conditions.

Recommendation

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 862/2009 for the construction of a part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool at No. 38 Cliffbrook Parade, Clovelly subject to 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:

1. The development must be implemented substantially in accordance with the plans numbered 01 to 10, Revision d4, dated 17 May 2010 and received by Council on 18 May 2010, 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:

3. There must be no encroachment of the structure/s or associated articles onto Council’s road reserve, footway, nature strip or public place.

4. Street numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

5. 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 approved paving or the like on the ground) without the written consent of Council.

6. External lighting to the premises shall be designed so as not to cause a nuisance to nearby residents.

7. No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

8. 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.

Options may include one or more of the following measures:

i) The window having a minimum sill height of 1.5m above the internal floor level,

ii) Providing a window locking device at least 1.5m above the internal floor level,

iii) Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum of 125mm,

iv) Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

v) Other appropriate effective safety measures or barrier.

The following condition is imposed to satisfy the requirements of the Sydney Water Corporation.

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

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing any works.

The following condition is applied to meet additional demands for public facilities.

11. In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,325,466, the following applicable monetary levy must be paid to Council: $23,254.66

The levy must be paid in cash, bank cheque or by credit card prior to

a) a construction certificate being issued

for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

The following conditions are imposed to promote ecologically sustainable development and energy efficiency.

14. The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

· Stormwater management (i.e. rainwater tanks)

· Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

· Landscaping provisions

· Thermal comfort (i.e. construction materials, glazing and insulation)

· Energy efficiency (i.e. cooling & heating provisions and hot water systems)

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

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:

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

17. 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.

18. In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

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

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

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

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

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

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

20. The building works must be inspected by the Principal Certifying Authority (or other certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

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

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

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

22. In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

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