Agenda of Randwick Local Planning Panel

Randwick Local Planning Panel meeting14 May 2020

Development Application Report No. D20/20

Subject: 97 Coogee Bay Road, Coogee (DA/269/2019)

hedProposal: Demolition of existing structures, construction of a 4 storey residential flat building with basement car parking, comprising 7 dwellings including 2 Affordable Rental Housing dwellings, 9 car park spaces, landscaping and associated works.

Ward: East Ward

Applicant: Attena Group Pty Ltd

Owner: Zhen Hua Yeh & Hong Lao

Cost of works: $3,364,230.03

Reason for referral: The development is subject to SEPP 65 & more than 10 unique submissions received.

Recommendation

That the RLPP grant consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/269/2019 for demolition of existing structures, construction of a 4 storey residential flat building with basement car parking, comprising 7 dwellings including 2 Affordable Rental Housing dwellings, 9 car park spaces, landscaping and associated works at No. 97 Coogee Bay Road, Coogee, subject to the development consent conditions attached to this report.



	Subject Site

	Submissions received Ù North
	Locality Plan

1. Executive summary

The application is referred to the Randwick Local Planning Panel (RLPP) as the development is subject to SEPP 65 and more than 10 unique submissions by way of objection were received.

The proposal seeks development consent for demolition of the existing structures on site, construction of a 4 storey residential flat building comprising of 7 dwellings including 2 affordable dwellings with basement car parking of 9 car spaces, landscaping and associated works.

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick DCP 2013. As a result of this notification, thirteen (13) submissions were received and out of the 13 submissions 11 of the submission are unique. The main issues raised in the submissions related to:

· the development being of excessive bulk and scale;

· non-compliance with external wall height control;

· limited front and side setbacks;

· non-compliant rear setback;

· non-compliance with communal open space;

· method of shoring;

· need for dilapidation report;

· amenity impacts including loss of views / privacy / solar access / natural light / ventilation

· availability on parking; and

· compliance with the ADG, BASIX, BCA and fire safety requirements.

The key issues associated with the proposal relate to bonus FSR and compatibility with the character of the area, non-compliances with external wall height and communal area controls, solar access, privacy, front & side setbacks, view loss and several design and amenity concerns raised by the Design Excellence Panel (DEP) with regards to SEPP 65. Amended plans have been received addressing the majority of these concerns to the satisfaction of the assessing officer, and conditions have been included to address the concerns that where not meet.

The proposal is generally consistent with the relevant planning provisions including SEPP 65, SEPP (Affordable Rental Housing) 2009, the Apartment Design Guide, Randwick LEP 2012 and Randwick DCP 2013. The development is permissible in the R3 zone and complies with the height of buildings and floor space ratio development standards. The proposal responds well to the constraints of the site and minimises impacts on adjoining properties as far as practical. The proposed apartments will have high levels of amenity with each having at least two aspects, with the upper most level having four aspects enabling good solar access and cross ventilation.

The view loss assessment was considered to be well founded and the non-compliant wall height sections were not considered to result in significant view loss impacts.

As outlined within this report, the proposal complies with the relevant assessment criteria outlined within the SEPP (Affordable Rental Housing) 2009 as well as the relevant requirements prescribed by SEPP 65 and the associated ADG, and the Randwick LEP 2012. The proposal complies with the relevant controls and meets the relevant core objectives outlined within the Randwick DCP 2013.

The proposal is recommended for approval subject to non-standard conditions that require privacy measures to be implemented.

2. Site Description and Locality

The subject site is known as 97 Coogee Bay Road, Coogee and is legally described as Lot 1 in DP 87683. The site area is 443.4m², is regular in shape and has a 10.75m frontage to Coogee Bay Road and a depth of 41.5m. The site contains a two storey dual occupancy with double garage spaces accessed off Coogee Bay Road. The site is elevated above street level at the frontage, and rises by approximately 5.09m from the frontage to the rear.

The surrounding area predominately comprises of residential flat buildings and a number of commercial buildings within the immediate vicinty as part of the R3 Medium Density Residential zone. The adjoining property to the west of the site is a five storey residential flat building with ground floor parking and the adjoining property to the east is a two storey commercial building.

Figure 1: Subject two storey dual occupancy with double garage and adjoining buildings

Figure 1a: Rear yard of subject site.

3. Relevant history

PL/48/2017 – Pre-logdment advise was provided on 27 December 2017 for demolition of the existing building structures and construction of new 5 storey residential flat building containing 7 dwellings and semi-basement parking. Concerns were raised by the Design Excellence Panel and Council in relation excessive FSR, building height and external wall height.

DA/751/2018 - A previous development application was withdrawn for a simliar development as the above pre-lodgement, which was for demolition of the existing structures and construction of new 5 storey residential flat building containing 7 dwellings and semi-basement parking. The DA included a variation to the maximum allowable FSR control under SEPP (Affordable Housing) 2009. A number of issues were raised by the Design Excellence Panel and Council as well as concerns raised in submissions from neighbouring properties. The concerns mainly related to the bulk and scale of the development and design, view loss, overshadowing and privacy. A number of attempts were made to modify the development. However, the chages did not resolve the main issues. Consequently, the application was withdrawn on 7 May 2019.

The owner has subsequently engaged new architects who has reiveiwed the comments from DEP and Council Officers, as well as concerns raised in submissions from neighbouring properties which is the subject of this application.

4. Proposal

The proposal seeks development consent to demolish the exisitng dual occupancy at 97 Coogee Bay Road, Coogee and construct a residential flat building containing 7 dwellings. Due to the slope of the land, the proposal reads as 4 storeys with basement entry from the street, and 3 storeys at the rear.

Basement:

The basement level sits below existing ground level and contains 9 car parking spaces including a visitor car parking space, with a turning circle to allow vehicles to enter and exisit in a forward direction. 5 bycycle spaces are provided, plus a bin area and storage areas for each apartment.

Ground Floor:

The ground floor contains entry stairs, front landscaping at a podium level, rear landscaping comprising POS and communal open space, and 1 x one bedroom and 1 x two bedroom apartments with courtyards.

First Floor:

The first floor contains 2 x two bedroom apartments with front and rear-facing balconies.

Second floor:

The second floor contains 2 x two-bedroom apartments with front and rear-facing balconies.

Third floor:

The third floor contains 1 x three-bedroom apartment with front and rear-facing balconies.

The application was modified on three occasions to address issues raised by Council’s DEP in relation to SEPP 65, and Council concerns with FSR, building height, external wall height, overshadowing, privacy and view loss.

The amended plans received by on Council on 10 October 2019 proposed the following changes:

· The pedestrian pathway in the basement relocated along the eastern side;

· An OSD tank provided under the basement fire stairs;

· All setbacks noted on the plans and mediation setbacks between neighbours (Nos. 95 and 99-105) calculated and shown on the drawings;

· Ceiling fans for bedrooms and living areas provided;

· Outdoor clothes drying areas added to POS;

· An access to the basement for maintenance purposes provided in the back yard;

· The hardstand along the eastern boundary replaced with podium landscaping;

· Communal open space provided to the south-western side of the site;

· Three Skylights provided to upper level units for direct sun into living areas;

· On the northern elevation, solid upstands to balcony balustrades are proposed;

· On the southern elevation, solid balcony balustrades are proposed;

· The shadow diagrams modified to show proposed and existing shadows in different colours; and

· The western wall of the centre staircase is removed to consider landings as an outdoor area and exclude in FSR calculation.

Further amended plans were received by Council on 25 November 2019 proposing the following changes:

· Decreased wall height of the front balcony on level 3;

· Privacy screens added to rear balconies;

· Sun Access matrix prepared and added to solar access diagram sheet; and

· Photomontage from neighbouring property (No. 95) provided as part of view sharing assessment.

Further amended plans were received by Council on 11 March 2020 proposing the following changes:

· The balcony on the third floor level is reduced in size and front building setback increased so that the external wall height at the front section of the building complies with the external wall height control of 10.5m. As a result, Units 2, 4, 6 & 7 have been slightly reduced in size:

- Unit 2 has been reduced from 54m² to 50m²;

- Units 4 & 5 have been reduced from 72m²to 70m²; and

- Unit 7 has been reduced from 104m² to 99m².

Further amended plans were received by Council on 28 April 2020 showing stormwater pipe details on the building.

Further amended plans were received by Council on 4 May 2020 proposing the following changes:

- Increasing the eastern and western sides at the front of the third level to reduce the FSR to comply with the Affordable Housing SEPP; and

- Increasing the rear setback by reducing the depths of the rear balconies (Unit 4, 6 & 7) to align with the rear of the building.

It is noted that the revised drawings were not publicly re-notified because the changes reduced the potential for impacts to surrounding properties.

This detailed assessment is based on these latest set of amended plans and documents.

5. Notification

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

· Llewela Griffiths Architects on behalf of all owners of No. 93-95 Coogee Bay Road, Coogee

· Unit 1/93-95 Coogee Bay Road, Coogee (Attached to Appendix A of submission prepared by Llewela Griffiths Architects and is a unique submission)

· Unit 4/93-95 Coogee Bay Road, Coogee (Attached to Appendix B of submission prepared by Llewela Griffiths Architects and is a unique submission)

· Unit 6/93-95 Coogee Bay Road, Coogee (Attached to Appendix C of submission prepared by Llewela Griffiths Architects and is a unique submission)

· Unit 9/ 93-95 Coogee Bay Road, Coogee (Attached to Appendix D of submission prepared by Llewela Griffiths Architects and is a unique submission)

· Unit 10/93-95 Coogee Bay Road, Coogee (Attached to Appendix E of submission prepared by Llewela Griffiths Architects and is a unique submission)

· Unit 11/93-95 Coogee Bay Road, Coogee (Attached to Appendix F of submission prepared by Llewela Griffiths Architects - Submissions to Unit 11, 13 & 14 in Appendix F, G & H are counted as one unique submission as the issues raised are identically the same)

· Unit 13/93-95 Coogee Bay Road, Coogee (Attached to Appendix G of submission prepared by Llewela Griffiths Architects)

· Unit 14/93-95 Coogee Bay Road, Coogee (Attached to Appendix H of submission prepared by Llewela Griffiths Architects)

· 99-105A Coogee Bay Road, Coogee

· 78 Melody Street, Coogee

· Unit 10/80-82 Melody Street, Coogee

· Unit 12/80-82 Melody Street, Coogee

Issue	Comment
Excessive bulk and scale The proposed development presents excessive bulk and scale to surrounding properties and does not meet the objectives of the FSR development standard. Despite the proposal complying with the FSR under the ARH SEPP, the gross floor area is considered to be overdevelopment on the site.	The bonus FSR applies pursuant to the ARH SEPP given affordable rental housing is proposed. The amended development is assessed as being compatible with the character of the area pursuant to the ARH SEPP and will not result in any unreasonable adverse amenity impacts, therefore the proposed built form is supported. The development is considered to be in accordance with the objectives of the zone and with the desired future character of the area. (Refer to Sections 6 & 8 below for further discussions).
Height of building The design breaches the maximum 10.5m external wall height under the RDCP and the non-compliant section and front setback will cause further view loss impacts. There is no height transitioning between the east neighbouring property at no. 99-105 Coogee Bay Road being 2 storeys, and the western neighbouring property at no. 93-95 Coogee Bay Road being 5 storeys. A four storey height would be a more appropriate transition, inclusive of the basement.	The impacts from the non-compliant wall height are not unreasonable as the amended plans have lowered the external wall height and increased the side and front setbacks to allow for view sharing. The third level which is an attribute to the wall height variation is setback a minimum distance of 11.46m from the front northern boundary, which will reduce visual and amenity impacts to neighbouring properties. Refer to Key Issues below which further addresses this concern.
Front & side setbacks The development proposes a 6.473m front setback, whilst the existing setback of No. 95 Coogee Bay Road is approximately 10m. The proposed front setback will impact on ocean, coastal and district views. The limited setback will disrupt the current aesthetic of the streetscape and negatively impact the openness and views of the neighbouring apartment block at No. 95 Coogee Bay Road.	As discussed above, the amended plans have increased the front setback to allow for view sharing. Moreover, the front setback of the second and third level which is an attributed to the view loss impacts is well within the prevailing setback line along the street.
Rear setback Despite assertion of compliance noted in the SEE, the building does not comply with the rear setback control in the RDCP.	The rear setback complies with the ADG, which take precedence of the Randwick DCP 2013 in terms of visual privacy / setbacks to boundaries. In any case, amended plans have been received increasing the rear setback to comply with the rear setback control in the RDCP. Also, conditions relating to privacy have been included within the consent and landscaping is proposed to the rear of the courtyard areas that will contribute to the character, provide screening and improve the visual amenity between the properties which will comply with the objectives of the DCP rear setback control.
Compliance on Communal open space The footprint of the building occupies nearly boundary to boundary and does not comply with 25% communal open space requirement.	Noted. However, the site is highly constrained and given there is only seven units proposed, the area provided for communal open space is acceptable. In addition, the communal area is accessible from the units with access from the basement and front entry levels. Moreover, the individual units are provided with large private open space areas that exceed minimum requirements, which are accessible from the living areas.
View loss impacts The proposal will infringe on current ocean, coastal and district view enjoyed from the units in no. 93-95 Coogee Bay Road. Request that the front setback be increased, the trafficable area of Level 3 balcony reduced, and rooftop services restricted to ensure that the proposal limits the impact to existing views from all easterly facing units in No. 93-95 Coogee Bay Road.	Refer to view loss assessment in the Key Issues section of this report, which demonstrates the amended development has achieved a satisfactory level of view sharing between the subject site and neighbouring properties and the resultant view loss impacts have been justified.
Loss of privacy and overlooking The proposed window opening along the southern elevation and balconies will overlook the rear yard of 78 Melody Street.	South-facing balconies comply with the ADG criteria for visual privacy / setbacks and amended plans have been received increasing the rear setback to comply with the rear setback control under the Randwick DCP 2013. The balconies are setback a significant distance from the neighbouring windows at no. 78 Melody Street and therefore adverse direct overlooking will not occur. Conditions are recommended to provide privacy screening to the eastern windows of the living room of Units 2, 4 & 6 and full height sliding privacy screens to the rear across the living areas of the southern balconies, which will help to minimise overlooking into the rear yards of neighbouring properties.
Loss of solar access, natural light & ventilation The limited side setback will result in loss of solar access, natural light and ventilation and greatly impact upon the neighbouring property at No. 93-95 Coogee Bay Road.	A full assessment of solar access to the neighbouring property is provided under the Key Issues section of this report. On merit, the impact is considered acceptable.
Fire safety The BCA report recommends that the openings to the eastern and western side boundary that are closer than 3m from the boundary will require engineered solution to be implemented. Request that the modification show the required fire screens or blade walls to all western and eastern windows to address fire separation. ADG compliance The BCA report recommends as part of a preliminary fire engineering strategy that all eastern and western windows be provided with Microlouvre or Crimsafe Radiant Heat Attenuation Screens which are to be permanently fixed in place to fully cover these openings. This requirement for permanent screening is not incorporated in the plans and would prevent natural ventilation required for ADG compliance. Solar access to living areas is also not achieved into apartments 2, 4 & 6 as the BCA Fire Engineering report has nominated must be fixed with permanent screens or blocked by boundary blade walls. Both the screens and boundary walls would restrict the required solar aces through these windows.	All new buildings, and new work in existing buildings, must comply with The National Construction Code (NCC), which includes the Building Code of Australia (BCA). The NCC report, which is prepared by a suitably qualified architect or engineer must provide an Alternative Solution, which complies with the Performance Requirements other than by satisfying the 'Deemed-to-Satisfy' provisions of the NCC. An alternative solution is all or part of a building design that demonstrates compliance with the Building Code, but differs completely or partially from the Acceptable Solutions or Verification Methods. Standard conditions are included within the consent to ensure compliance with the NCC and Australian Standards.
Insufficient details Insufficient detail has been submitted to determine solar access and overshadowing impact to the living and principle private open space areas of No. 78 Melody Street.	Additional information has been provided that demonstrates additional overshadowing to neighbouring properties is not unreasonable for an infill medium density development on the site. Refer to Key Issues below which further addresses this concern.
Reports Request that a condition be included which requires the Geotechnical report, Structural Engineer drawings, Construction Management Plan and Construction Program be made available to the adjacent neighbours as part of the Construction Certificate requirements. Proposed basement shoring The ground conditions have been described as unstable sand. Concerns are raised in relation to the method of shoring and its compliance with the recommendations made with the lodged Assetgeo Geotechnical Investigation report. Dilapidation inspection Request that a condition is included within the consent that requires a comprehensive Dilapidation Inspection be undertaken of No. 93-95 Coogee Bay Road prior to the issue of a Construction Certificate.	Council’s Development Engineers have reviewed the plans and suitable conditions have been included within the consent to ensure that adequate drainage is provided on the site. Standard conditions are also included which require a Construction Site Management Plan be submitted to Council prior to the commencement of any works and that details of proposed retaining walls, shoring, pilling or other measures be submitted to and approved by the Principal Certifying Authority. These will ensure that the land is appropriately supported, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it. A condition is also included which requires a dilapidation report (incorporating photographs of relevant buildings) to be obtained from a Professional Engineer, detailing the current condition and status of all of the buildings and structures located upon all of the properties adjoining the subject site and any other property or public land which may be affected by the works.
Reduction in parking The Traffic Impact Statement by Traffix notes that the Randwick DCP requires 10 car spaces and the proposal provides 9 car spaces resulting in a deficiency 1 car space. Concerned that the accurate implementation of contiguous pile wall retention as recommended by Assetgeo will reduce the internal dimensions of the basement and may further reduce the number of car spaces achievable. Request that the parking comply with the DCP requirement. Impact on parking availabilities Accepting the reduced number of parking allowable under the ARHSEPP will greatly impact on the local amenity.	As the development proposes 2 affordable housing units, parking requirements for the development have been assessed as per the parking rates specified under the ARH SEPP. Council’s Development Engineer has assessed the parking requirement and the proposed development will meet the parking rate. Refer to Development Engineer’s comments at Appendix 1.
Cost of works The cost of works are highly disproportionate to the proposed scope of works, specifically due to the extent, depth and unstable ground conditions of the excavation.	A Quantity Surveyor’s Cost Report has been provided by HMS Group Pty Ltd which is a qualified professional Quantity Surveyor.
Plans no consistent with BASIX Certificate The service requirements listed in the BASIX Certificate are not noted on the plans. Request the plans be amended to include these services.	A condition is included within the consent to ensure compliance with the BASIX Certificate.

Issue

Comment

Excessive bulk and scale

The proposed development presents excessive bulk and scale to surrounding properties and does not meet the objectives of the FSR development standard.

Despite the proposal complying with the FSR under the ARH SEPP, the gross floor area is considered to be overdevelopment on the site.

The bonus FSR applies pursuant to the ARH SEPP given affordable rental housing is proposed. The amended development is assessed as being compatible with the character of the area pursuant to the ARH SEPP and will not result in any unreasonable adverse amenity impacts, therefore the proposed built form is supported.

The development is considered to be in accordance with the objectives of the zone and with the desired future character of the area. (Refer to Sections 6 & 8 below for further discussions).

Height of building

The design breaches the maximum 10.5m external wall height under the RDCP and the non-compliant section and front setback will cause further view loss impacts.

There is no height transitioning between the east neighbouring property at no. 99-105 Coogee Bay Road being 2 storeys, and the western neighbouring property at no. 93-95 Coogee Bay Road being 5 storeys. A four storey height would be a more appropriate transition, inclusive of the basement.

The impacts from the non-compliant wall height are not unreasonable as the amended plans have lowered the external wall height and increased the side and front setbacks to allow for view sharing. The third level which is an attribute to the wall height variation is setback a minimum distance of 11.46m from the front northern boundary, which will reduce visual and amenity impacts to neighbouring properties.

Refer to Key Issues below which further addresses this concern.

Front & side setbacks

The development proposes a 6.473m front setback, whilst the existing setback of No. 95 Coogee Bay Road is approximately 10m. The proposed front setback will impact on ocean, coastal and district views.

The limited setback will disrupt the current aesthetic of the streetscape and negatively impact the openness and views of the neighbouring apartment block at No. 95 Coogee Bay Road.

As discussed above, the amended plans have increased the front setback to allow for view sharing.

Moreover, the front setback of the second and third level which is an attributed to the view loss impacts is well within the prevailing setback line along the street.

Rear setback

Despite assertion of compliance noted in the SEE, the building does not comply with the rear setback control in the RDCP.

The rear setback complies with the ADG, which take precedence of the Randwick DCP 2013 in terms of visual privacy / setbacks to boundaries.

In any case, amended plans have been received increasing the rear setback to comply with the rear setback control in the RDCP. Also, conditions relating to privacy have been included within the consent and landscaping is proposed to the rear of the courtyard areas that will contribute to the character, provide screening and improve the visual amenity between the properties which will comply with the objectives of the DCP rear setback control.

Compliance on Communal open space

The footprint of the building occupies nearly boundary to boundary and does not comply with 25% communal open space requirement.

Noted. However, the site is highly constrained and given there is only seven units proposed, the area provided for communal open space is acceptable. In addition, the communal area is accessible from the units with access from the basement and front entry levels. Moreover, the individual units are provided with large private open space areas that exceed minimum requirements, which are accessible from the living areas.

View loss impacts

The proposal will infringe on current ocean, coastal and district view enjoyed from the units in no. 93-95 Coogee Bay Road.

Request that the front setback be increased, the trafficable area of Level 3 balcony reduced, and rooftop services restricted to ensure that the proposal limits the impact to existing views from all easterly facing units in No. 93-95 Coogee Bay Road.

Refer to view loss assessment in the Key Issues section of this report, which demonstrates the amended development has achieved a satisfactory level of view sharing between the subject site and neighbouring properties and the resultant view loss impacts have been justified.

Loss of privacy and overlooking

The proposed window opening along the southern elevation and balconies will overlook the rear yard of 78 Melody Street.

South-facing balconies comply with the ADG criteria for visual privacy / setbacks and amended plans have been received increasing the rear setback to comply with the rear setback control under the Randwick DCP 2013. The balconies are setback a significant distance from the neighbouring windows at no. 78 Melody Street and therefore adverse direct overlooking will not occur.

Conditions are recommended to provide privacy screening to the eastern windows of the living room of Units 2, 4 & 6 and full height sliding privacy screens to the rear across the living areas of the southern balconies, which will help to minimise overlooking into the rear yards of neighbouring properties.

Loss of solar access, natural light & ventilation

The limited side setback will result in loss of solar access, natural light and ventilation and greatly impact upon the neighbouring property at No. 93-95 Coogee Bay Road.

A full assessment of solar access to the neighbouring property is provided under the Key Issues section of this report. On merit, the impact is considered acceptable.

Fire safety

The BCA report recommends that the openings to the eastern and western side boundary that are closer than 3m from the boundary will require engineered solution to be implemented. Request that the modification show the required fire screens or blade walls to all western and eastern windows to address fire separation.

ADG compliance

The BCA report recommends as part of a preliminary fire engineering strategy that all eastern and western windows be provided with Microlouvre or Crimsafe Radiant Heat Attenuation Screens which are to be permanently fixed in place to fully cover these openings. This requirement for permanent screening is not incorporated in the plans and would prevent natural ventilation required for ADG compliance.

Solar access to living areas is also not achieved into apartments 2, 4 & 6 as the BCA Fire Engineering report has nominated must be fixed with permanent screens or blocked by boundary blade walls. Both the screens and boundary walls would restrict the required solar aces through these windows.

All new buildings, and new work in existing buildings, must comply with The National Construction Code (NCC), which includes the Building Code of Australia (BCA).

The NCC report, which is prepared by a suitably qualified architect or engineer must provide an Alternative Solution, which complies with the Performance Requirements other than by satisfying the 'Deemed-to-Satisfy' provisions of the NCC.

An alternative solution is all or part of a building design that demonstrates compliance with the Building Code, but differs completely or partially from the Acceptable Solutions or Verification Methods.

Standard conditions are included within the consent to ensure compliance with the NCC and Australian Standards.

Insufficient details

Insufficient detail has been submitted to determine solar access and overshadowing impact to the living and principle private open space areas of No. 78 Melody Street.

Additional information has been provided that demonstrates additional overshadowing to neighbouring properties is not unreasonable for an infill medium density development on the site. Refer to Key Issues below which further addresses this concern.

Reports

Request that a condition be included which requires the Geotechnical report, Structural Engineer drawings, Construction Management Plan and Construction Program be made available to the adjacent neighbours as part of the Construction Certificate requirements.

Proposed basement shoring

The ground conditions have been described as unstable sand. Concerns are raised in relation to the method of shoring and its compliance with the recommendations made with the lodged Assetgeo Geotechnical Investigation report.

Dilapidation inspection

Request that a condition is included within the consent that requires a comprehensive Dilapidation Inspection be undertaken of No. 93-95 Coogee Bay Road prior to the issue of a Construction Certificate.

Council’s Development Engineers have reviewed the plans and suitable conditions have been included within the consent to ensure that adequate drainage is provided on the site. Standard conditions are also included which require a Construction Site Management Plan be submitted to Council prior to the commencement of any works and that details of proposed retaining walls, shoring, pilling or other measures be submitted to and approved by the Principal Certifying Authority. These will ensure that the land is appropriately supported, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.

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

Reduction in parking

The Traffic Impact Statement by Traffix notes that the Randwick DCP requires 10 car spaces and the proposal provides 9 car spaces resulting in a deficiency 1 car space. Concerned that the accurate implementation of contiguous pile wall retention as recommended by Assetgeo will reduce the internal dimensions of the basement and may further reduce the number of car spaces achievable.

Request that the parking comply with the DCP requirement.

Impact on parking availabilities

Accepting the reduced number of parking allowable under the ARHSEPP will greatly impact on the local amenity.

As the development proposes 2 affordable housing units, parking requirements for the development have been assessed as per the parking rates specified under the ARH SEPP.

Council’s Development Engineer has assessed the parking requirement and the proposed development will meet the parking rate. Refer to Development Engineer’s comments at Appendix 1.

Cost of works

The cost of works are highly disproportionate to the proposed scope of works, specifically due to the extent, depth and unstable ground conditions of the excavation.

A Quantity Surveyor’s Cost Report has been provided by HMS Group Pty Ltd which is a qualified professional Quantity Surveyor.

Plans no consistent with BASIX Certificate

The service requirements listed in the BASIX Certificate are not noted on the plans. Request the plans be amended to include these services.

A condition is included within the consent to ensure compliance with the BASIX Certificate.

5.1. Re-notification

Renotification of the amended plans are not required as the proposed modifications are reducing the amentiy impacts on neighbouring properties and public domain.

6. Relevant Environment Planning Instruments

6.1. SEPP (Affordable Rental Housing) 2009

The application has been submitted pursuant to the provisions of Division 1 of the Affordable Rental Housing SEPP (ARH SEPP) and includes the provision of two apartment (Units 1 & 3) to be used for the purposes of affordable rental housing.

The site is located within the R3 Medium Density Residential zone with an FSR of 0.9:1 and bonus FSR of 0.3:1 provided under the ARH SEPP. Therefore, the maximum permitted FSR is 1.2:1 (or GFA of 532.08m²), and the proposed amended FSR is 1.2:1 (or GFA of 531m²).

With regards to Clause 16A, Character of the local area, the application was amended during conciliation to reduce both the height and density of the development to be consistent with the zone objectives. The amended development is of a height, bulk and scale that is appropriate in its setting and is considered to be compatible with the character of the area. The built form provides adequate transition, modulation and separation for an infill building, which is sited between two established built forms to the east and west of the site. In addition, a portion of the ground floor is sited below existing ground level towards the rear, with the building reading as three storeys at the rear as shown on the elevations further below in Figures 3 & 4. The four storey portion at the frontage is compatible with other 4 storey development within the visual catchment, including the adjoining 4 storey building to the west, and the upper levels are further setback from the street, reducing bulk and scale. The site area is 443.4m², however the site is suitably sized to accommodate the proposed development providing good amenity to the seven units, and will provide a variety of housing types within a medium density residential environment.

Refer to Appendix 2: Compliance with the ARH SEPP for the Infill Affordable Housing, which further addresses the sections of the ARH SEPP.

6.2. State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development (“SEPP 65”)

The proposed development is for a residential flat building that is 4 storeys containing 7 dwellings, therefore SEPP 65 applies.

In accordance with Clause 28 of SEPP 65, the development was referred to Council’s Design Excellence Panel (“DEP”) who have assessed the development against the design quality principles of SEPP 65 (refer to Appendix 1). An assessment has also been carried out against the design criteria of the Apartment Design Guide (“ADG”) (refer to Appendix 3).

The Panel first provided feedback on a proposal for this site in November 2017 and then again in January 2019. A new architect has been appointed for the site with some of the points provided in 2017 and in early 2019 having been addressed in the new design, most notably with limited improvements to the side and rear setbacks, ground floor parking layout and deep soil, setbacks at the top floor, and the approach to the buildings architecture (elevations, form and materiality).

The Panel has requested to see the design progress by responding positively to a number of comments made in relation to understanding of the ‘place’, a thorough understanding of the potential impacts arising from the development and how they can be mitigated, and ways in which the proposal can contribute positively to the area. The DEP also raised whether the additional FSR bonus under the SEPP is supportable taking into consideration its relation to the front and side setbacks, including views. The DEP suggested a number of design changes including deletion of the third floor internal balcony between the two bathrooms, consideration of a communal open space for use of outdoor drying areas, bike storage, etc., replacing the hardstand along the eastern boundary with additional landscaping, improvement to the amenity of the units in relation to solar access, pedestrian safety and sustainability and improve privacy by changing the glass balustrades to the southern elevation to solid balcony balustrades to ensure these spaces are more useable.

The amended drawings were not referred back to the DEP as they are considered to have satisfactorily addressed the DEP comments, subject to conditions. Therefore, the amended development is assessed as being in accordance with the design quality principles of SEPP 65.

An assessment has also been carried out against the design criteria of the Apartment Design Guide (“ADG”) (refer to Appendix 3) noting that certain criteria take precedence over the controls contained in the RDCP. In summary, the development complies with the objectives of the ADG.

6.3. SEPP (Vegetation in Non-rural Areas) 2017

The Vegetation SEPP came into effect in NSW on 25 August 2017. The aims of the Vegetation SEPP are:

“(a) to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and

(b) to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.”

Assessing officer’s comment:

Clause 7(1) requires a permit to be granted by the Council for the clearing of vegetation in non-rural areas (such as City of Randwick). Consent for the removal of vegetation within the site is being sought under this DA. The site contains no significant trees or vegetation pursuant to Part B5 of the RDCP 2013 and the proposed vegetation removal has been assessed and supported by Council’s Landscape Officer (refer to Appendix 1). The proposed landscaping will increase the quality and amount of vegetation on site and will protect biodiversity values.

6.4. SEPP 55 – Remediation of Land

The objectives of SEPP 55 are:

(1) The object of this Policy is to provide for a Statewide planning approach to the remediation of contaminated land.

(2) In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment:

(a) by specifying when consent is required, and when it is not required, for a remediation work, and

(b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and development applications for consent to carry out a remediation work in particular, and

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

6.5. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (“BASIX SEPP”)

A satisfactory BASIX Certificate has been submitted in accordance with the requirements of the BASIX SEPP.

6.6. Randwick Local Environmental Plan 2012 (LEP)

The site is zoned R3 - Medium Density Residential under Randwick Local Environmental Plan 2012 and the proposed residential flat building is permissible with consent.

The proposal is consistent with the specific objectives of the zone in that it the proposed activity and built form will provide a variety of housing types within a medium density residential environment. The amended proposal will be compatible with the established character of the area, and sufficiently recognises the desirable elements of the existing streetscape in a manner that will contribute to the desired future character of the area. The proposal will protect resident amenity of occupants and neighbouring residents (subject to conditions), and will contribute to housing affordability.

The following development standards in the RLEP 2012 apply to the proposal:

Clause

Development Standard

Proposal

Compliance

(Yes/No)

Cl 4.4: Floor space ratio (max)

0.9:1 + 0.3:1 Affordable Rental Housing bonus

1.2:1

Yes

Cl 4.3: Building height (max)

12m

12m at the highest point of the wall towards the front sections of the third floor level of the eastern & western side elevations.

Yes

Clause 5.10 - Heritage conservation

The subject site is located within the visual catchment of heritage items. To the east of the site between Melody and Byron Streets is Coogee Public School which is listed as a heritage item in Schedule 5 of RLEP 2012. To the west of the site, on the corner of Carrington Road, is no. 87 Coogee Bay Road, a Federation residence also listed as a heritage item in Schedule 5 of RLEP 2012. To the north of the site, on the opposite side of Coogee Bay Road at no’s. 92 and 94 Coogee Bay Road are a pair of Inter-War residential flat buildings which are also listed as a heritage item in Schedule 5 of RLEP 2012.

The subject site is not a heritage item nor is it located with a heritage conservation area.

Clause 5.10(4) requires that before granting consent Council must consider the effect of the proposal on the heritage significance of the item or conservation area.

The key ‘Heritage Objective’ set out in the LEP is ‘to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views’ (Section 5.10[1][b]).

The application was assessed by Council’s Heritage Planner who has advised that the site is well separated from the heritage items in the vicinity, and will not impact on the fabric of the heritage items. The scale and form of the proposed building is consistent with the adjacent residential flat buildings immediately to the west of the site at no’s. 93 – 95 and no. 91 Coogee Bay Road which comprise four residential levels above street level garages or car parking. The proposed development will not impact on the streetscape setting or views to or from heritage items.

Refer to detailed comments made under the referral section of this report which addresses Clause 5.10 of the LEP.

7. Development control plans and policies

7.1. Randwick Comprehensive DCP 2013

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

The relevant provisions of the DCP are addressed in Appendix 4.

8. Environmental Assessment

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

Section 4.15 ‘Matters for Consideration’	Comments
Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument	See discussion in sections 6 & 7 and key issues below.
Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument	Nil.
Section 4.15(1)(a)(iii) – Provisions of any development control plan	The proposal generally satisfies the objectives and controls of the Randwick Comprehensive DCP 2013. See table in Appendix 4 and the discussion in key issues below.
Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement	Not applicable.
Section 4.15(1)(a)(iv) – Provisions of the regulations	The relevant clauses of the Regulations have been satisfied.
Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality	The environmental impacts of the proposed development on the natural and built environment have been addressed in this report. The proposed development is consistent with the dominant character in the locality. The proposal will not result in detrimental social or economic impacts on the locality.
Section 4.15(1)(c) – The suitability of the site for the development	The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.
Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation	The issues raised in the submissions have been addressed in this report.
Section 4.15(1)(e) – The public interest	The proposal promotes the 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.

8.1. Discussion of key issues

ARH SEPP (Clause 16A - Character of local area)

Clause 16A of the ARH SEPP states:

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

A planning principal has been established via Project Venture Developments v Pittwater Council [2005] NSW LEC 191 to test whether a proposal is compatible with the character of the area on the basis that:

Where compatibility between a building and its surroundings is desirable, its two major aspects are physical impact and visual impact. In order to test whether a proposal is compatible with its context, two questions should be asked.

1. Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

2. Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

In response to point no. 1 of the planning principal, the physical impacts on surrounding development is acceptable given:

· The building will not result in adverse impacts to neighbouring properties noting compliant FSR, building height, side setbacks (on merit) and rear building separation. The development will not adversely overshadow neighbouring properties, and presents good articulation. Compliant landscaped open space and deep soil areas are provided, and the units are orientated to the front and rear of the site, and therefore will also not result in adverse visual privacy or acoustic impacts to neighbouring properties, subject to conditions.

· The site is located within the R3 Medium Density Residential zone with an FSR of 0.9:1 and additional FSR of 0.3:1 is permissible under the ARH SEPP. As discussed above, the application was amended during conciliation to reduce both the height and density of the development to be consistent with the zone.

· The development presents as four storeys to street level as the fifth level is setback further from the front boundary and it not significantly noticeable from the street level. The rear of the building will present as three storeys with the basement level being sited within the contours of the land due to the topography of the site.

· The amendments allows for the proposed scale to suitably sit within the predominant medium density residential scale and not adversely affect streetscape character. The overall building height complies with the LEP maximum height standard of 12m and the increase in the front setback will allow for better transition between the two established built forms adjoining the site.

· Planter boxes are proposed to the front of the building and deep soil planting is provided to the rear of the building to soften the built form on the site.

· The proposal provides adequate setbacks, articulation and modulation to the building for visual interest and solar access and ventilation to the building and adjoining properties.

· Car parking is appropriately provided in a basement which ensures parking is not a visually prominent aspect of the development in the streetscape. The impacts of the development are generally consistent with what would be anticipated for an infill RFB development which is flanked by existing established built form.

In response to point no. 2 of the planning principal, the appearance of the building is in harmony with the buildings around it and the character of the street given:

· The proposal presents as a modern apartment building that respects the traditional character of the area utilising primarily render and texture finish, wood and metal cladding to the wall materials with glass balconies to the front of the façade and solid balcony balustrades to the rear to improve privacy and ensure the spaces are more useable as outdoor rooms. The bulk and scale of the building is generally consistent with other four to five storey RFB’s to the west of Coogee Bay Road and in the near vicinity.

· It is considered the proposal has found an effective balance of density and distribution of built form across the site that is consistent with the surrounding streetscape.

· The design of the development has been considered in the local context, which is predominately characterised by two to five storey residential flat buildings to the west of Coogee Bay Road and a mixture of two to three storey business and shop top development to the east of Coogee Bay Road. There is a number of dual occupancies and dwelling houses within the mix of development types.

· At the corner of Coogee Bay Road and Melody Street the zone changes to B1 – Neighbourhood Centre (shop top development and small business uses) and SP2 – Infrastructure (Coogee Public School) and to the end of Coogee Bay Road, B2 – Local Centre (shop top development and business uses, pubs and hotels). The predominant zone within the area is R3 Medium Density Residential (residential flat buildings, a number of dual occupancies and dwelling houses). Refer to Figure 2 below.

Figure 2: Map of subject site and surrounding zone uses

· The amended development is of a height, bulk and scale that is appropriate in its setting and is considered to be compatible with surrounding developments in the area. The built form provides adequate transition, modulation and separation for an infill building which is sited between two established built forms to the east and west of the site and not adversely affect streetscape character.

Therefore, based on an assessment against the planning principle, the physical impacts of the proposed development will not be significant, and the proposal is in harmony with the buildings around it and the character of the street.

In addition to the Planning Principle assessment, the following comments are made with regards to compatibility of use, and consistency with the zone objectives:

Compatibility of use:

The proposed use of the site as residential flat building with two accessible units is permissible development within both the RLEP and the ARH SEPP 2009.

The bulk of the building supports a reasonable intensity of residential use, remaining within the scope of a medium scale residential flat building, notably for the purpose of SEPP (Affordable Rental Housing) 2009. Critically, the increase in intensity posed by the development is well supported by public transport options and local services being located within the area integrating effectively into the existing and evolving character of the locality.

It is considered that through conditions, the proposal provides both a built form and use that is consistent with surrounding character, minimising detrimental impacts upon adjoining sites, while providing contemporary affordable housing to the community.

Consistency with the objectives of the R3 Medium Density zone:

The proposed development is considered to be consistent with the objectives of the R3 zone having particular regard to providing for the housing needs of the community within the medium density environment. It also recognises the desirable elements of the streetscape and built form and seeks to protect the amenity of residents whilst also meeting the demand for housing affordability.

The proposed building is sympathetic to the character of the existing mixed residential context, school and local neighbourhood and local centre business uses, maintaining and enhancing desirable attributes of built form, as discussed above.

The proposed development is considered to satisfy the local character test.

Wall Height

Submissions have been received objecting to the wall height of the proposed development and its impact on views towards the front eastern end of the building.

RDCP C2 3.2 i) The maximum external wall height is 10.5m.

The proposed development has a maximum external wall height of approximately 11.98m to the front end of the eastern elevation and approximately 11.82m to the front of the western elevation, which does not comply with the maximum 10.5m external wall height control. The wall height variation is considered acceptable for the following reasons:

· The non-compliant section of wall is localised to the front portion of the building on the eastern & western side elevations and is recessed from the front main built form, the area of non-compliance occurs as a direct result of the fall in topography and will not result in any significant amenity impacts on the adjoining property having regards to visual privacy, visual bulk, view loss or overshadowing. The proposed development is considered to be acceptable for the site and will not adversely affect the character of the streetscape.

· With regards to the front section of building, adverse visual amenity impacts will not occur given the third floor (which is attributed to the wall height variation) is setback a minimum distance of 11.46m from the front northern boundary.

· Compliant floor to ceiling heights are provided.

· The wall height complies for the southern section of building and reads as three stories, which is compatible with the neighbouring dwellings to the rear of the site. The four storeys at the frontage is compatible with the established context, including the four storey RFB to the west.

· Adverse overshadowing to neighbouring properties will not occur, and the overshadowing is considered reasonable in the context (refer to other Key Issues).

· Subject to conditions, adverse privacy impacts will not occur.

· With regards to the front section of building, significant view loss impacts will not occur given the front setback is increased on the second and third floor levels (which is attributed to the wall height variation).

· The facades of the development will not be bulky as they are well articulated with distinct components, variations in setbacks, prominent windows, and a variety of materials including rendered and textured finish walls, metal and wood cladded areas.

· The amended design contains appropriate setbacks, and articulation along all elevations avoiding extensive sheer walls which help to counteract unreasonable overshadowing and adverse visual amenity impacts on neighbouring properties. Despite the variance to the external wall height control, the RDCP objectives for the height control will be satisfied and the proposed development will be compatible with the streetscape character, will provide for appropriate amenity for future occupants and is therefore considered acceptable.

Figure 3: Eastern Elevation – Red dashed line Figure 4: West Elevation – Red dashed line indicating

indicating non-compliant external wall height section non-compliant external wall height section

Side Setback and Separations

RDCP Section C3 3.4.2 – Comply with the minimum side setback requirements stated below for residential flat buildings and multi dwelling housing: Site frontage width less than 12m, the side setbacks are assessed on merits.

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

The proposed development has a varied setback of 730mm to 1.8m along the eastern side boundary with majority of the building being setback 1m and a minimum setback of 1.6m along the western side boundaries with the centre staircase being setback 2.5m. Further, the side facing habitable room windows of the development are mostly within 6m of the side boundaries with the exception of the living room windows to Unit 2, 4 & 6, which are setback approximately 5.5m & 5.8m to the close habitable bedroom windows (at no. 76 Melody Street) and does not comply with the 6m ADG separation requirements (noting that this criteria for separation is in relation to visual privacy). These setbacks/separations are considered acceptable for the following reasons:

· Subject to conditions for privacy screening to the living windows (on the eastern elevation) and rear balconies of Units 2, 4, 6 & 7, there will be no unreasonable adverse visual and acoustic privacy impacts to neighbouring properties.

· Along the western elevation the window openings are either highlight windows or are screened by vertical privacy louvres.

· The balconies have an increased setback from the main built form and are setback 1.8m to the eastern side boundary and 2.45m to the western side boundary. Privacy screen louvres are provided to a portion of the sides of the front and rear balconies and a condition is included which requires the screens to the rear balconies to be extended to the entire length of the side balconies to further minimise privacy impacts. In addition to the above, an additional condition is included which requires full-height sliding privacy screens to be provided to the southern sides of the balconies across the living area of Units 4, 6 & 7 to improve privacy.

· The built form provides adequate transition, modulation and separation for an infill building, which is sited between two established built forms to the east and west of the site and will have a good visual presents to the front streetscape.

· The shadow diagrams submitted demonstrate that a compliant scheme with a setback of 3m will result in similar reduction in solar access to neighbouring properties, north facing living room windows and POS (refer to Figure 6 below). In any case, the shadow diagrams in Figures 5 & 6 below demonstrate compliance with the minimum 2 and 3 hour solar access requirements in the ADG and Randwick DCP 2013, respectively to the adjoining residential units.

· The setbacks allow for good cross ventilation and solar access and therefore achieve the intent of the controls.

· Increasing the side setback will not provide better amenity for the site nor will it improve deep soil planting or open space on the site as it is directly above the basement level. Increased side setbacks are not warranted, as demonstrated above adverse visual amenity, privacy and overshadowing will not occur.

Given the above reasons, the proposal will meet the objectives of the control.

Rear Setback

Clause 3.4.3 of Part C2 of the RDCP requires a minimum rear setback of 15% of the allotment depth. For an allotment depth of 41.5m, a rear setback of 6.225m applies to the site. The ground floor level is setback greater than 6.225m from the rear boundary and the first, second and third levels to the rear end of the balconies are also setback greater than 6.225m from the rear boundary which complies with the control.

The rear setback was raised as a concern in the submissions and an increased rear setback was provided which now complies with the DCP control. The proposed rear setback is considered acceptable and will be consistent with the established rear built form in the area.

Notwithstanding the above, as stated above, a condition is included which requires a single sliding privacy panel to be provided to the southern side of rear balconies which will improve privacy levels between the subject site and neighbouring properties. Conditions are also recommended for privacy screening to extend the entire sides of the rear balconies.

Overall, the building is well articulated and will meet the objectives of the control.

Resident Amenity

The objectives of the control are as follows:

· To ensure the design, orientation and siting of development maximises solar access to the living areas of dwellings and open spaces, and is encouraged to all other areas of the development.

· To ensure development retains reasonable levels of solar access to the neighbouring properties and the public domain.

· To provide adequate ambient lighting and minimise the need for artificial lighting during daylight hours.

Solar Access for proposed development

Clause 5.1 in Part C2 of the RDCP requires the dwellings within the proposed development to receive a minimum 3 hours direct sunlight in the living areas and to at least 50% of the private open space between 8am and 4pm on 21 June (mid-winter).

The ADG requires living areas and private open spaces (POS) for at least 70% of dwellings within a residential flat building to receive direct sunlight for at least 2 hours between 8am and 4pm on 21 June (mid-winter).

The solar access diagrams below in Figure 5 demonstrate 85% of the living areas to the units will receive at least 3 hours of solar access between 9am and 3pm on 21^st June to the living areas. However, only 57% of the POS to the units (Units 1, 3, 5 & 7) will receive more than 2 hours of solar access on 21^st June. Units 2, 4 & 6 will receive no solar access. This is large due to the orientation of the site as the POS are south facing and it is not unreasonable for an infill development which is sited between two established built forms to the east and west of the site to result in a non-compliance with the solar access requirements. Adequate ambient lighting is provided for these units which meets the objectives of the control.

Further, communal open space is provided at the rear of the site that will receive some solar access when the subject unit’s POS are in shade, offering a good level of amenity and choice of open space.

Figure 5: Solar access diagrams demonstrating 85% of the units receiving solar access

Solar Access to Neighbouring Properties

Clause 5.1 in Part C2 of the RDCP requires living areas of neighbouring dwellings to receive a minimum 3 hours direct sunlight to a part of a window between 8am and 4pm on 21 June (mid-winter) and at least 50% of the landscaped areas of neighbouring dwellings must receive a minimum of 3 hours direct sunlight. The key affected neighbouring properties are the eastern neighbouring property at 76 Melody Street, southern neighbouring property at 78 Melody Street and western neighbouring property at 93-95 Coogee Bay Road.

Based upon the submitted 3D shadow diagrams in Figure 6 below, the POS of the southern neighbouring property at 78 Melody Street will be most affected by the proposed development, this is largely unavoidable due to the orientation of the site and any compliant built form will result in similar overshadowing impacts (refer to Figure 7). It should be noted that the site currently receives limited solar access due to the existing built form and the additional overshadowing impacts are mainly projected onto the southern property between 11:30am to 1:30pm, as discussed above this is largely unavoidable. The window openings to this property will not be impacted by the proposed development. The overshadowing is not unreasonable noting the non-compliant rear setback is associated with the balconies only, which do not cause additional overshadowing, and noting compliant building height and wall height at the southern end.

In relation to the neighbouring property at 76 Melody Street, the north facing living area windows will not be impacted by the development and will continue to receive 3 hours of solar access. Only the first and second floor level bedroom, bathroom and laundry windows and first floor bedroom balconies will be impacted by the proposed development, being in shadow on the first-floor level, for 1 hour between 2pm to 3pm and on the second floor level for 2 hours between 2pm to 4pm. Most of the windows on the second floor will be overshadowed by the existing development, with the exception of a bathroom window.

In relation to the neighbouring property at 93-95 Coogee Bay Road, the north facing living room windows will not be impacted by the development and will continue to receive more than 3 hours of solar access. The east facing living area windows on the first and second floor levels will only be impacted in the morning for approximately an hour and a half from 8am to 9:30am. The east facing windows will continue to receive a minimum of 3 hours of solar access, which complies.

Figure 6: Existing and proposed shadow diagrams on 21 June

Figure 7: Shadow diagrams on 21 June showing proposed and complaint building mass

View Sharing

Sharing of views is a design performance requirement in Randwick Council’s Development Control Plan 2013.

An assessment of the proposed development and its impact on views is carried out in accordance with the Land and Environment Court planning principle after Roseth SC pp.25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140. This assessment is guided by a four-step process identified by the Land and Environment Court.

Step 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.”

Three submissions have been received from the adjoining neighbouring properties to the west at no. 93-95 Coogee Bay Road objecting to the development on the grounds of view loss currently enjoyed from the north eastern corner and eastern side of Units 9, Unit 13 & 14 at the third and four levels respectively, refer to Figures 10 to 13 which demonstrates the views currently enjoyed from these units.

The views in question is a horizontal band of the South Pacific Ocean, which is obscured by vegetation and roof tops of surrounding properties. There are no valuable iconic views that will be impacted by the proposed development. Directions ‘A’ to ‘B’, in Figure 8 below indicates the views that will be impacted by the proposed development are obtained in easterly direction, refer to Figure 8 below.

Figure 8: Site analysis plan identifying views

Figure 9: Direction of views obtained from the neighbouring western property at No. 93-95 Coogee Bay Road

Step 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.

· Unit 9/93-95 Coogee Bay Road, Coogee

The views are obtained in a north-easterly and easterly directions from the front balcony and living area windows in a siting and standing positions. The views are a horizontal band of the ocean and are obscured by vegetation and roof tops of neighbouring properties beyond. Refer to Figures 10 & 11 below.

Figure 10: Existing views from front balcony off living room of Unit 9 on Level 3

Figure 11: Existing views from living area of Unit 9 on Level 3

· Unit 13/93-95 Coogee Bay Road, Coogee

Figure 12: Existing views from front balcony off the living area of Unit 13 on Level 4

Figure 13: Existing view from living area of Unit 13 on Level 4

· Unit 14/93-95 Coogee Bay Road, Coogee

The views are obtained in a north-easterly and easterly directions from the eastern side balcony and living area of Unit 14 on Level 4 in a siting and standing positions. The views are roof tops of neighbouring properties and filtered ocean views which are obscured by vegetation and roof tops of the subject site and neighbouring properties beyond. Refer to Figures 14 & 15 below.

Figure 14: Existing views from front balcony off the area of Unit 14 on Level 4

Figure 15: Existing views from living area windows of Unit 14 living on Level 4

Step 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.”

· Unit 9/93-95 Coogee Bay Road, Coogee

The diagrams below indicate some of the north-easterly and easterly filtered views will be retained off the living room balcony. In the living area there are north and east facing windows. The window facing closest to the eastern boundary will be impacted most by the development and will only retain a small section of the views as demonstrated below in Figure 16. However, there are north and east facing windows within this living room depending where you’re standing that will retain more of the views. Refer to figure 11 which identifies these windows. The impact is considered moderate.

Figure 16: The above two images of the proposed development, outlines the compliant built form and extent of impact to the balcony and living room windows.

Unit 13/93-95 Coogee Bay Road, Coogee

The diagrams in Figures 17 below indicate that the north-easterly and easterly views will be retained off the living room balcony and north and east living area windows.

Figure 17: The above two images of the proposed development, outlines the compliant built form and extent of impact to the balcony and living room windows.

Unit 14/93-95 Coogee Bay Road, Coogee

The diagrams in Figure 18 below indicate some of the north-easterly and easterly views will be retained and the impacts are considered minor to moderate.

Figure 18: The above two images of the proposed development, outlines the compliant built form and extent of impact to the balcony and living room windows.

Step 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 skillful 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.

The amended development has been carefully configured to achieve a satisfactory level of view sharing between the subject site and neighbouring properties by increasing the front setback on the second and third level and lowering the front portion of the external wall height of the building towards the front eastern and westerns sides of the building to comply with the control and allow for some easterly views to be retained to Unit 9 on Level 3 and Unit 13 on Level 4 at no. 93-95 Coogee Bay Road. The external wall height to the rear complies with the control and it is expected that there will be some level of view loss impact to Unit 14 on Level 4 as the windows are located across the side of the property and retaining views would be difficult. Also, there is no real significant benefit in lowering the non-compliant external wall height sections at the frontage to meet the 10.5m control as the front section of the building is well setback from established neighbouring front setbacks and the non-compliance is largely due to the fall of the land. Should the development comply with the wall height control, a roof form could be provided in place of the wall, which will have a similar if not the same impact given the view is across the side boundary.

Notwithstanding the above, it is expected that there will be some level of view loss impacts, this is largely unavoidable and any compliant development will result in a similar if not greater impact than the proposed development (refer to Figures 16 to 18 which demonstrates the impacts of a compliant envelope). The view loss impacts are not unreasonable when considering the amended development complies with the LEP numerical controls in relation to FSR and Height of Building Standards in the LEP 2012, setback controls, and is assessed as being compatible with the character of the area pursuant to the ARH SEPP. The proposal will not result in unreasonable adverse amenity impacts to these affected properties. Further, the proposed development satisfies the relevant objectives and controls of the DCP with regard to the Building Envelope and is an appropriate design that relates to the typography of the land and its context.

The amended development has been carefully configured to achieve a satisfactory level of view sharing between the site and the neighbouring properties. Accordingly, the resultant view loss impacts are justified.

Apartment Design Guide (ADG)

Apartment Size and Layout

The dwelling size for a two bedroom apartment is 70m² and an addition 5m² is required for any additional bathrooms to the units.

An ensuite and bathroom is provided for Units 4, 5 & 6 and therefore, the minimum internal area required for each of the apartments is 75m²; only 70m² are provided to each of these apartments. Given that no sufficient justification was submitted with the application, a condition is included within the consent which requires the enusite and bathrooms to be amalgamated into one big bathroom that is to be shared between the two bedrooms.

9. Conclusion

That the application to demolish the existing structures, construction of a 4 storey residential flat building with semi-basement car parking, comprising 7 dwellings including 2 Affordable Rental Housing dwellings, 9 car park spaces, landscaping and associated works be approved (subject to conditions) for the following reasons:

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

· The proposal is consistent with the relevant objectives and requirements contained within the ARH SEPP, SEPP 65 and the ADG.

· The proposal is consistent with the specific objectives of the R3 Medium Density Residential zone in that the proposed activity and built form will provide for the housing needs of the community, provide a variety of housing types, be compatible with the established character, protect the amenity of residents and encourage housing affordability.

· The scale and design of the proposal is suitable for the location and is compatible with the established and desired future character of the locality.

· The development enhances the visual quality of the public domain/streetscape.

Appendix 1: Referrals

1. Design Review Panel comments:

INTRODUCTION

A copy of the Panel’s Comments are attached, including the nine SEPP 65 Design Quality Principles (if the Application falls under SEPP 65). The Panel’s comments, set out below, are to assist Randwick Council in its consideration of the application, and to assist applicants to achieve better design outcomes in relation to these principles.

The absence of a comment under any of the heads of consideration does not necessarily imply that the Panel considers the particular matter has been satisfactorily addressed, as it be that changes suggested under other heads will generate a desirable change.

The Panel draws the attention of applicants to the Apartment Design Guide (ADG), as published by Planning NSW (JULY 2015), which provides guidance on all the issues addressed below.

This document is available from the Department of Planning Environment

Note: The Panel members’ written and verbal comments are their professional opinions, based on their experience.

To address the Panel's comments, the applicant needs to submit amended plans. Prior to preparing any amended plans, the applicant should discuss the Panel's comments and any other matter that require amendment with the assessing Planning Officer.

When addressing the Panel's comments by way of amendments, if the applicant does not propose to address all or the bulk of the Panel's comments, and wishes to make minor amendments only, then it should be taken that the Panel considers the proposal does not meet the SEPP 65 requirements or Urban Design Excellence & best practice. In these instances it is unlikely the scheme will be referred back to the Panel for further review.

PANEL COMMENTS

This is the third time the Panel has reviewed a proposal for this site, noting that the current scheme being reviewed is the subject of a new DA, designed by Attena Group. The architect and land-owner didn’t attend the DRP session in June, and this report has been prepared in response to the materials submitted.

The Panel first provided feedback on a proposal for this site in November 2017 and then again in January 2019, following which a new architect appears to have been appointed and a new DA lodged. Some of the points provided in 2017 and in early 2019 have been addressed in the new design, most notably with limited improvements to the side and rear setbacks, ground floor parking layout and deep soil, setbacks at the top floor, and the approach to the buildings architecture (elevations, form and materiality).

Similar to the previous applications for the site, the proposal still seeks an FSR bonus (0.3:1) under the Affordable Housing SEPP, which takes the target FSR from the current controls of 0.9:1 up to 1.2:1. As is the case with applications that seek this bonus under the SEPP, any non-conformances with the current controls or impacts on the amenity of surrounding properties and public spaces must be carefully considered and need to be clearly justified.

The proposal seeks 7 dwellings (1 x 1b, 5 x 2b, 1 x 3b), largely complies with the 12m height limit (though this needs to be verified, given the limited information is provided on the current site levels), and 9 parking spaces at-grade to Coogee Bay Road.

The Panel is very familiar with the site and the surrounding context.

Principle 1: Context and Neighbourhood Context

Limited analysis of the local context and neighbourhood character has been provided as part of the submitted documents, other than the analysis of impacts (overshadowing and view impacts) on the immediately adjacent properties. In response to this SEPP65 Principle the Panel is seeking an understanding of the ‘place’, both a thorough understanding of the potential impacts arising from the development and how they can mitigated, and ways in which the proposal can contribute positively to the area.

For example, there’s no mention in the design package of the site’s location; on the southern side of Coogee Bay Road, approximately 500m from the beachfront activity zone at Arden Street. Similarly, the property is surrounded by a variety of residential flat buildings that range from three to five storeys, with varying setbacks to the street and boundaries, which may inform the approach to the site. The steeping slopping topography provides long district and ocean views from the site, but also allows views across the site from neighbouring properties; this has been addressed by analysis views from a limited number of properties.

If the proposal is going to access additional yield through the Affordable Housing SEPP then expectation from the Panel is that the proposal is achieving design excellence, which starts within the relation to the neighbourhood and then permeates through each of the principles noted below.

Planner’s comments

A site analyses plan and an impact analysis of the development have been received.

The amended documentation has increasing the front setback of the building on the second and third levels to retain views towards the front of the living areas for the east facing units at no. 93-95 Coogee Bay Road. The shadow diagrams have been updated to show the existing and proposed shadows and are in different colour to better determine the impacts.

Principle 2: Scale and Built Form

The impact of the additional development floor space on the site (accessed via the AH SEPP), whilst trying to maintain the current height controls (12m) is that the side setbacks are compromised. This is the case with the current scheme, just as it was with the two previous iterations under the former application number. The drawings, specifically the sections, show incorrectly annotated setbacks, which relate to glazing lines rather than the balcony edges. The true setbacks are much less than those indicated on the drawings, in particular the northern setback to Coogee Bay Road. However, in this instance there is the opportunity to justify a front setback based on the mediation between Nos. 95 and 99-105 (noted as No. 99 on the submitted plans). At the rear of the property, the setback relates to privacy and view impacts, which haven’t been addressed in detail.

The GFA calculations noted on Drawing A118/9 should include the landings outside the lift and entrance doors, in line with Council’s policy. The Panel also doesn’t support the third floor internal balcony between the two bathrooms, as this could be infilled and contributes to the bulk of the building. If these two points were addressed, then there would be scope to review the setbacks at the upper level to further reduce the bulk of the building.

Planner’s comments

The western wall of staircase is removed and the landings outside the lift and entrance doors have been included in the FSR calculation.

The balcony between the two bathrooms have been deleted and replaced with a roof planter box.

The front setback has been increased on the first, second and third levels and the setback dimensions are annotated accurately on the floor Plans and Sections.

Subject to conditions, there will be no unreasonable adverse visual and acoustic privacy impacts to neighbouring properties.

The front balcony on the third level has been reduced in depth and the external wall height towards the front eastern and western sides have been lowered to reduce the bulk and increase views towards the front of the building. The built form provides adequate transition, modulation and separation for an infill building which is sited between two established built forms to the east and west of the site and will have a good visual presentation to the streetscape.

Principle 3: Density

The proposed density has been reduced from previous applications, but continues to considerably exceed the FSR control (0.9:1), with the Affordable Housing SEPP now being used as justification for the proposed densities (1.3:1).

The Panel believes that the majority of issues associated with this design are the result of the exceedance in development floor space. As previously noted, any FSR increase proposed needs to be justified against improvements to amenity of adjacent properties or public good of the precinct surrounding the proposal. This is not demonstrated adequately with the proposal, and the application of the SEPP isn’t considered sufficient justification in the Panel’s opinion.

A reduction in the amount of development across the site has improved the design outcome, as compared to the previous application; great setbacks, less parking and deep soil. The Panel still seeks a revised scheme comply with all setback controls at the front, back and sides of the property, and comply with height and wall height controls.

Planner’s comments

The FSR calculations have been updated and checked, front setback is increased and front eastern and western sides of the external wall height are lowered. The amended proposal is assessed as being compatible with the character of the area pursuant to the ARH SEPP and will not result in unreasonable adverse amenity impacts to the neighbouring properties.

Principle 4: Sustainability

- Sustainability still hasn’t been directly addressed in the design package. Despite some sustainability measures being suggested in the design the Panel would like to see a more comprehensive overall strategy for the entire site, which may include:

- Sun-shading and or weather protection provided to suit orientation.

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

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

- No outdoor clothes drying areas have been shown on the drawings.

- Rainwater should be harvested, stored, treated and re-used across the site.

- Skylights to upper level units should be considered to provide direct sun into living areas.

Given the coastal location, rainwater capture and treatment is particularly important to better manage local water ways and coastal outfall.

Planner’s comments

Ceiling fans for bedrooms and living areas are noted on the amended plans.

Outdoor clothes drying areas have been shown in back yard and balconies.

Screen louvres are provided to the western elevation for sun shading and parts of the balconies for weather protection.

An OSD tank is proposed under the basement fire stairs.

Three Skylights to upper level units to provide direct sun into living areas have been noted on the amended plans.

Principle 5: Landscape

No communal space is provided a part of the proposal, with the only deep soil area located at the rear of the site, directly accessed by one unit. If this strategy is to be supported then other mechanisms for dealing with communal space should be provided, specifically in relation to outdoor drying areas, bike storage, etc.

A landscape plan has been provided by Sticks and Stones. The main element of the plan is the rear deep soil zone, which is densely planted and largely unusable for the rear ground floor apartment for any active or passive use. A raise rear planter is accessed via a stair that is located within the deep soil zone; access for maintenance should be reconsidered to maximise the effectiveness of this limited deep soil area.

Two planters are located at the first residential level, elevated above Coogee Bay Road. The Panel would prefer to see the small car parking space in the north-eastern corner be removed and replaced by additional deep soil zone so that a new tree could be established at street level to replace the existing tree should it need to be removed.

The hardstand along the eastern boundary doesn’t appear necessary for circulation and could be reassigned to additional landscaping. Further information on the boundary conditions, specifically the relationship to neighbouring properties (RLs) should be provided on the landscape plan and cross sections.

Planner’s comments

The small carspace to the north-eastern corner is removed and replaced with mailbox area and bin room for the units. The front setback of the above planter box to the north eastern corner is setback 1m from the boundary. This will improve circulation, access and safety for the occupants of the unit and the increased setback of the planter box will reduce the bulk of the terrace area at the front of the building.

The hardstand along the eastern boundary has been reassigned to additional landscaping.

An access for maintenance has been provided to the back yard.

Principle 6: Amenity

The three south-facing apartments won’t achieve adequate solar access. The orientation of the site makes it difficult without substantial voids in the built form to allow direct sunlight into the living areas at the eastern and western elevations. These voids would run the full height of the building, be large enough to provide adequate solar access, and require changes to the internal configuration of these units. The result would also be a loss of floor space across the development.

Over-shadowing analysis indicated on AG19002 assumes adequate solar access to No. 95 can be achieved between 8am and 4pm. However, the ADG specifies the hours between 9am and 3pm. The images don’t present the differences between the existing shadows and those arising from the proposal, as such it is difficult to determine the extent of the impact.

The view impact analysis shown on AG19002 is limited and doesn’t interrogate the impact at the lower levels. A building with a compliant FSR and greater northern and southern setbacks will have a reduce impact on views, but this is not appreciated or addressed in the analysis.

Planner’s comments

Amended plans have been received increasing solar access to the rear units on the second and third levels. The solar access diagrams further above in Figure 5 demonstrate 85% of the living areas to the units will receive at least 3 hours of solar access between 9am and 3pm on 21^st June to the living.

It is noted that only 57% of the POS to the units will receive more than 2 hours of solar access on 21^st June and units 2, 4 & 6 will receive no solar access. This is largely due to the orientation of the site as the POS that faces south towards the rear boundary, as is the preference for medium density development. The non-compliance is not unreasonable for an infill development, which is sited between two established built forms to the east and west of the site. Adequate ambient lighting is provided for these units which meets the objectives of the control, and communal open space is provided that will receive some solar access when these POS areas are in shadow.

Increasing the side setbacks will not improve views to the lower level units. However, the front setback on the first, second and third levels have been increased and the view impact analysis above in the Key Issues section of the report has demonstrated by increasing the front setback that some of the easterly views to Units 9 & 13 to no. 93-95 Coogee Bay Road will be retained. The amended development has achieve a satisfactory level of view sharing between the site and the neighbouring properties (refer to Key Issues).

Principle 7: Safety

Pedestrian access through the car parking level to the lift appears convoluted and potentially leading to conflicts between cars and people. The pedestrian pathway may be better placed along the eastern side of the car parking level, with a more direct connection to the lift.

Planner’s comments

The pedestrian pathway in the basement is relocated along the eastern side with a more direct connection to the lift.

Principle 8: Housing Diversity and Social Interaction

The Panel supports the redevelopment of the site to deliver additional housing, affordable housing, and unit variety in a location close to coastal amenity and public transport. Opportunities for social interaction should be supported by the design of the lobby.

Communal open space is also critical in encouraging social interaction, and should be considered as part of the amendments to the scheme.

Principle 9: Aesthetics

The approach to the building’s architecture and aesthetics has progressed significantly in the latest application, but there still needs to be a greater level of detail and refinement before the proposal is supported. The Panel suggests greater solidity at the lower levels, including solid upstands to balcony balustrades, where the views are less accessible and the impact of passing traffic is greater. Glazing to balustrades can increase at the upper levels, where the views to the district and ocean are available.

The southern elevation also shows glass balustrades, despite no direct sunlight or views being accessed. The Panel would like to see solid balcony balustrades to improve privacy and ensure these spaces are more useable as ‘outdoor’ rooms.

Elevations don’t indicate downpipes and greater detail is required for the balcony and roof projections to ensure run-off is managed appropriately.

Planner’s comments

The glass balcony balustrades along the southern elevation has been replaced with solid balustrading. Further amended drawings have been submitted indicating location of downpipes.

SUMMARY AND RECOMMENDATIONS

The latest application represents a progression of the design, though a number of challenges with the bulk, amenity and setback of the built form, which is a result of the additional FSR being sought through the Affordable Housing SEPP.

The Panel would like to see the design progress by responding positively to the comments made in the report, in addition to those made by Council. We look forward to seeing the next iteration of the design.

Planner’s comments

In summary, the development complies with the majority of the ADG design criteria with the exception of the size of the communal open space and solar access to the rear yard of the units. The variations are assessed as part of the Key Issues section and are supported as the development achieves the objectives of the criteria and the design guidance subject to conditions.

2. Internal referral comments:

2.1. Development Engineer

An amended application has been received for the demolition of existing structures, construction of a 4 storey residential flat building with semi-basement car parking, comprising 7 dwellings including 2 Affordable Rental Housing dwellings, 9 car park spaces, landscaping and associated works at the above site.

This report is based on the following plans and documentation:

· Amended Architectural Plans by Attena Group, Issue 7, dated 11/03/2020;

· Statement of Environmental Effects by ABC Planning dated April 2019;

· Detail & Level Survey by Attena Group;

· Stormwater Plan by Water Plan Pty Ltd;

· Geotechnical report by Asset geo dated 19^th June 2018;

· Traffic Impact Statement by Traffix dated 15^th March 2019;

· Landscape Plans by Sticks & Stones, dwg’s F102 & 104, ref A, dated 01.04.19.

Drainage Comments

On site stormwater detention is required for this development.

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

The stormwater must be discharged (by gravity) either:

i. Directly to the kerb and gutter in front of the subject site in Coogee Bay Road; or

ii. Directly into Council’s underground drainage system located in ……….. street via a new and/or existing kerb inlet pit; or

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

Parking Comments

As the development proposes 2 affordable housing units, parking requirements for the development have been assessed as per the following applicable parking rates specified in the SEPP Affordable housing (Infill Housing).

· 0.5 spaces per 1 bedroom unit

· 1 space per 2 bedroom unit

· 1.5 spaces per 3 bedroom unit

The proposed amended 7 unit development comprises of 1 x 1 bedroom, 5 x 2 bedroom and 1 x 3 bedroom units.

Parking required under SEPP = (1 x 0.5) + (5 X 1) + (1 X 1.5)

= 7 spaces

The SEPP is silent on visitor parking so presumably the DCP would then apply at the rate of 1 space per 4 units resulting in a total requirement of 1 space.

TOTAL Parking required = 8 spaces (including 1 visitor space)

TOTAL Parking proposed = 9 spaces (complies)

Motorbike Parking

Motorbike Parking is to be provided at 5% of the vehicle parking requirement. Due to the low number of spaces Motorbike Parking is not required.

Bicycle Parking

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

Bicycle Parking Required = 7/2 + 7/10

= 4.2

= say 4 spaces

Bicycle Parking proposed = 4 spaces (complies)

Planner’s comments:

It is noted that the surplus parking space is not counted towards GFA given that the ARH SEPP excludes all parking from the calculation.

Carpark Layout

The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of Australian Standard 2890.1:2004.

In this regard it is noted the amended parallel spaces appear to comply with the minimum requirements of AS 2890.1 being a minimum of 6.2m when adjacent to an obstruction and 5.9m normal. One car space has been labelled small cars only since it is only 5.4m long. The provision of a single small car space is satisfactory.

The provision of the mechanical turntable will allow vehicles to enter and exit the site in a forward direction while the width of the access aisle up to the turntable (being greater than 5m) will allow 2 vehicles to pass each other internally if required. A passing manoeuvre will require one of the vehicles to encroach onto the adjacent shared pedestrian zone however this is permissible for these manoeuvres only and for access into the two car spaces adjacent.

Undergrounding of site feed power lines

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

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

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

Waste Management Comments

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

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and show how the on-going management of waste for the units will operate.

Comments on the number of Waste Bins

Appendix 3 in Part B6 of Council’s DCP specifies a waste bin requirement rate for residential flat buildings houses of 1 x 240L bin per 2 rooms for normal garbage and 1 x 240L bin per 2 rooms for recycling.

i.e. Garbage/recycling Bins Required = 7/2 = 3.5

= 4 bins each (rounded up)

There are no specific requirements for green waste in Part B6 of the DCP however as some landscape areas are proposed it is recommended that a minimum of 2 x 240L bins also be provided for green waste.

Total Number of BINS required = 4(normal) + 4(recycling) + 2(green waste)

= 10 x 240L BINS

Total Number of BINS provided = 8 x 240l bins

The Bin area does not demonstrate the required number of bins however as the non- compliance is only minor it is considered this can be addressed by a suitable condition, which has been included in this report.

Tree Management Comments

On the Coogee Bay Road footpath, in a dedicated ‘tree square’ at the back of the kerb, between both existing laybacks/crossings, there is a juvenile Livistona australis (Cabbage Palm), which despite its small size, is still covered by the DCP due to its location on public property, and more importantly, is also part of a formal, strategic, single species avenue planting that exists along the length of both sides of this section of the road, all the way to Coogee Beach.

While the previous submission (DA/751/2018 - withdrawn) allowed its retention, this application now shows that vehicle access will be provided centrally across the width of the site, in direct conflict with the palm.

Re-designing both the access and basement to retain this palm would then effect the amount of off-street parking for future occupants, as cars would then be restricted to parking on one side of the basement level only, and given the small size of the palm, as well as an ability to provide replacements elsewhere nearby, conditions allow its removal, with all costs to be borne wholly by the applicant.

The survey confirms that the two mature, 8-10m tall Cupressus sempervirens (Italian Cypress) which are growing in small, square shaped cut-outs, being one in the northwest site corner, and in the northeast corner, are both located wholly within the boundaries of the subject site.

They are an exotic, low value species, which are exempt from Council’s DCP, both due to their low value as well as their proximity to the existing building, meaning they could already be removed at any time, regardless of any development works, and as they are both also in direct conflict with all aspects of the new works, conditions allow their removal, with the Landscape Plans showing that both the quantity and quality of plant material in this area of the site will be increased and improved, using purely native coastal species, which is considered a superior outcome.

The only other vegetation that requires comment for this application is the group in the rear setback of the subject site, in the existing terraces around the southwest corner, which are all covered by the DCP, comprising from north to south, a 6m Persea amercianna (Avocado) of poor condition due to its lean to the north and heavy past lopping, a mature 10m tall Howea fosteriana (Kentia Palm) of good health and condition, then closest to the rear/southern boundary, another Persea amercianna (Avocado) also of poor health and condition due to past heavy lopping.

While their co-joined canopies/crowns were observed to assist with partial screening and privacy between this area of private open pace and the adjoining unit blocks on higher ground to their west and south, both of the Avocados have a low retention value due to being a common, exotic species, and due also to their condition rating discussed above, no objections are raised to their removal given the extensive works that will be performed in this same area of the site, with the landscape plans showing that native canopy trees (which will achieve similar dimensions), along with native understory planting, will be provided in deep soil, across the full with of the site, in this area.

While retention of the single Kentia Palm would be preferred due to its higher retention and amenity value, this will not be possible based on the plans provided, as it would be directly impacted by all aspects and levels of the works, with the replacement planting as shown deemed to be sufficient to compensate for its loss.

2.2 Heritage Planner comments

The site is occupied by a two storey building set back behind double garages to the street frontage, which apparently dates from the early 1990s. To the east of the site between Melody and Byron Streets is Coogee Public School, listed as a heritage item under Randwick LEP 2012. To the west of the site, on the corner of Carrington Road, is no. 87 Coogee Bay Road, a Federation residence also listed as a heritage item. To the north of the site, on the opposite side of Coogee Bay Road at nos.92 and 94 Coogee Bay Road are a pair of Inter-War residential flat buildings also listed as heritage items. Clause 5.10(1) of Randwick LEP 2012 includes an objective of conserving the heritage significance of heritage items including associated fabric, setting and views.

The application proposes to replace the existing building with a four storey residential flat building. Due to the fall of the site towards the street, the basement garage will be at ground level at the front of the site. The section and side elevations indicate that the top floor of the building is setback from the levels below and may have less visibility from the street. The photomontage which has been submitted however appears to suggest a minimal setback for the top level of the building.

The site is well separated from the heritage items in the vicinity, and will not impact on the fabric of the heritage items. The scale and form of the proposed building is consistent with the adjacent residential flat buildings immediately to the west of the site at no’s. 93 – 95 and no. 91 Coogee Bay Road which comprise four residential levels above street level garages or car parking. The proposed development will not impact on the streetscape setting or views to or from heritage items.

Appendix 2: Compliance with the ARH SEPP for the Infill Affordable Housing

PART 2 – NEW AFFORDABLE RENTAL HOUSING Division 1 – In-fill Affordable Housing
Clause	Control	Proposal	Compliance
Clause 10 - Development to which Division applies	(1) This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if: (a) the development concerned is permitted with consent under another environmental planning instrument, and (b) the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977. (2) Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.	The proposed RFB is permitted with consent in the R3 Medium Density Residential zone. The site does not contain a heritage item. The site is within an accessible location as a bus stops is located within 400m of the site. The bus stops are located approximately 50m from the subject site which are serviced regularly by the 313 and 370 bus routes.	Complies
Clause 13 - Floor space ratios	(1) This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent. (2) The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus: (a) if the existing maximum floor space ratio is 2.5:1 or less: (i) 0.5:1—if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher. (ii) Y:1—if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent, where— AH is the percentage of the gross floor area of the development that is used for affordable housing. Y = AH ÷ 100	The total proposed GFA = 534m². Total affordable housing GFA of Units 1 & 3 = 160m², which is 30% of the total GFA. The existing max permissible FSR pursuant to the RLEP is 0.9:1. As the percentage of affordable housing is >30% of the total GFA, a bonus FSR of 0.3:1 applies, being 1.2:1 (or GFA of 534m²). The proposed FSR = 1.2:1.	Complies
Clause 14 - Standards that cannot be used to refuse consent	(1) Site and solar access Requirements A consent authority must not refuse consent to development to which this Division applies on any of the following grounds: (a) (Repealed) (b) site area if the site area on which it is proposed to carry out the development is at least 450 square metres,	The site area is 443.4m², however the site is suitably sized to accommodate the proposed development (refer to discussion as part of Section 6).	Site area does not comply, however the site is suitably sized.
	(c) landscaped area if: (i) in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or (ii) in any other case—at least 30 per cent of the site area is to be landscaped,	The proposed landscaped area is approximately 62.7% (or GFA of 278.2m²) of the site.	Complies
	(d) deep soil zones if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed: (i) there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the *deep soil zone*), and (ii) each area forming part of the deep soil zone has a minimum dimension of 3 metres, and (iii) if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,	The proposed deep soil zone is 15.85% (or GFA of 70.3m²).	Complies
	(e) solar access if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 2 hours direct sunlight between 9am and 3pm in mid-winter.	85% of units will receive at least 2 hours of solar access to living rooms between 9am and 3pm on 21 June. The following solar access is provided: · Unit 1 = 6 hours to living and 6 hours to the front POS. · Unit 2 = 1.5 hours to living and no solar access to POS. · Unit 3 = 6 hours to living and 6 hours to the front POS. · Unit 4 = 3 hours to living and no solar access to POS. · Unit 5 = 6 hours to living and 6 hours to the front POS. · Unit 6 = 5 hours to living and no solar access to POS. · Unit 7 = 6 hours to living and 6 to POS.	POS does not comply. Refer to Key Issues above.
	(2) General A consent authority must not refuse consent to development to which this Division applies on any of the following grounds: (a) parking if: (i) in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or (ii) in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,	1 x 1 bedroom unit, 5 x 2 bedroom units and 1 x 3 bedroom unit are proposed. 9 car parking spaces are provided in the basement level including visitor space/wash bay.	Complies. Refer to Development Engineers comments in Appendix 1.
	(b) dwelling size if each dwelling has a gross floor area of at least: (i) 35 square metres in the case of a bedsitter or studio, or (ii) 50 square metres in the case of a dwelling having 1 bedroom, or (iii) 70 square metres in the case of a dwelling having 2 bedrooms, or (iv) 95 square metres in the case of a dwelling having 3 or more bedrooms. An additional 5m² is required for additional bathrooms.	The dwellings have the following gross floor area: · Unit 1 is a 2 bedroom apartment = 80m^{2 (Affordable)} · Unit 2 is a 1 bedroom apartment = 50m² · Unit 3 is a 2 bedroom apartment = 80m^{2 (Affordable)} · Unit 4 is a 2 bedroom apartment = 70m² · Unit 5 is a 2 bedroom apartment = 70m² · Unit 6 is a 2 bedroom apartment = 70m² · Unit 7 is a 3 bedroom apartment = 99m²	Two bathrooms are provided to apartments 4, 5 & 6 and therefore, do not comply as the additional bathrooms increase the minimum internal area by 5m² for each of the apartments. Refer to Key Issues above.
	(3) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).	Noted. The only non-compliance related to lot size and despite this, the consent authority may consent to the development.	Noted
Clause 16 - Continued application of SEPP 65	Nothing in this Policy affects the application of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development to any development to which this Division applies.	Noted. SEPP 65 applies to the development and an assessment is carried out against SEPP 65 below.	Noted
Clause 16A - Character of local area	A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.	Refer to section 8.1 of this report which addresses this section of the SEPP.	Complies
Clause 17 - Must be used for affordable housing for 10 years	(1) A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that: (a) for 10 years from the date of the issue of the occupation certificate: (i) the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and (j) all accommodation that is used for affordable housing will be managed by a registered community housing provider, and (b) a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.	Conditions will ensure compliance with this part.	Complies subject to conditions.
Clause 18 - Subdivision	Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.	Subdivision is not proposed.	N/A

Appendix 3: Compliance with ADG Design Criteria

Apartment Design Guide (ADG)

An assessment has been carried out in accordance with Part 3: Siting the Development and Part 4: Designing the Building of the Apartment Design Guide against the design criteria requirements. Any non-compliance to the design criteria includes a merit based assessment as per the design guidance of the Apartment Design Guide.

Clause	Requirement	Proposal	Compliance
Part 3: Siting the Development
3A -1	Site Analysis
	Each element in the Site Analysis Checklist should be addressed.	Site analysis satisfactory and addresses elements in the checklist.	Yes
3B-1	Orientation
	Buildings along the street frontage define the street, by facing it and incorporating direct access from the street (see figure 3B.1).	Apartments 1, 3, 5 & 7 are oriented to Coogee Bay Road. A separate pedestrian entry and direct vehicular access are provided from Coogee Bay Road.	Yes
	Where the street frontage is to the east or west, rear buildings should be oriented to the north.	Lot is orientated to the north.	Yes
	Where the street frontage is to the north or south, overshadowing to the south should be minimised and buildings behind the street frontage should be oriented to the east and west.	The site is north facing and the development has been designed to minimise overshadowing impacts where possible. The living areas to Units 1, 3, 5 & 7 are orientated to the north. The dwellings behind the street frontage Unit 2, 4 & 6 the living areas have north, east and south window aspects.	Yes
3B-2	Orientation
	Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access.	Solar access requirements will be achieved for the development with 85% of the units receive solar access. The design orientates the living areas to maximize solar access. The communal open space is located along the south and south western corner of the site. Due to the site orientation and constraints this area will receive limited direct sunlight. This is acceptable as the site is an infill building which is sited between two established built forms to the east and west of the site and the overshadowing impacts will be unavoidable. The four units facing the front of the building will receive good solar access.	Acceptable, complies with the objectives of the control.
	Solar access to living rooms, balconies and private open spaces of neighbours should be considered.	Adequate solar access is received to the living rooms and parts of the balconies and private open space will receive the minimum solar access requirements. The apartment to the rear have a south facing aspect and due to the orientation of the site will be overshadowed by the existing and proposed development. This will be the case for majority of the surrounding residential flat buildings and is largely unavoidable. On balance, the subject site and neighbouring sites will receive a reasonable level of solar access to their windows, in particular the shadow diagrams demonstrate that the neighbouring east and west facing windows will still receive the required 3 hours of solar access to their living areas. It should be noted that majority of the additional overshadowing impacts will be a result of the site orientation and any compliant built form will result in similar overshadowing impacts as presented for this proposal.	Refer to Key Issues above – Solar access to neighbouring properties.
	Where an adjoining property does not currently receive the required hours of solar access, the proposed building ensures solar access to neighbouring properties is not reduced by more than 20%.	Adjoining neighbours receive three hours of solar access.	Yes
	If the proposal will significantly reduce the solar access of neighbours, building separation should be increased beyond minimums contained in section 3F Visual privacy.	Solar access remains satisfactory.	N/A
	Overshadowing should be minimised to the south or downhill by increased upper level setbacks.	Increased upper level setbacks are provided to the southern end of the building and solar access is considered to be acceptable.	Yes
	A minimum of 4 hours of solar access should be retained to solar collectors on neighbouring buildings.	There are no solar collectors on adjoining properties.	N/A
3D-1	Communal and Public Open Space
	Communal open space has a minimum area equal to 25% of the site (see figure 3D.3)	Minimum required for the site = 147.7m² A communal area of approx. 35.5m² is provided to the south western corner to the rear of the site. Given that the site is constrained in terms of orientation, this is an acceptable outcome. The individual units are provided with larger private open space areas which are accessible and generally receive good solar access and daylight, which given that the development includes seven dwellings, this is an acceptable outcome.	No but outcome is acceptable.
	Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid-winter).	The communal open space is located to the south-western corner of the site. Due to the site orientation and constraints this area will not receive the minimum solar access requirements, but will receive some solar access from approximately 11am to 1pm. This is acceptable as the site is an infill building, which is sited between two established built forms to the east and west and overshadowing impacts will be unavoidable.	Complies with the objectives of the control.
3E-1	Deep Soil Zones
	Deep soil zones are to meet the following requirements: Site Area: less than 650m²= 7% of Site area.	The proposed deep soil zone is 15.85% (or GFA of 70.3m²). The proposal includes adequate areas of deep soil zones well over the minimum requirement.	Yes
3F-1	Visual Privacy
	Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows: Up to 12m (4 storeys) – Habitable rooms and balconies = 6m, non-habitable rooms = 3m	The setbacks are generally acceptable. All apartments are generally orientated to the front or the rear of the site. The windows which are orientated to the western side boundaries are appropriately screened. Condition is included for privacy screening to the east facing living room windows and the southern rear balconies.	Refer to Key Issues above.
3J-1	Bicycle and Car Parking
	The minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less. The car parking needs for a development must be provided off street	The car parking requirement is 9 spaces for cars and four bicycle spaces. The proposal provides 9 carspaces and 5 bicycle spaces which complies with this control. The proposal was assessed by Council’s Development Engineers who have considered the parking arrangement as being acceptable.	Complies. Refer to Appendix 1 – referral comments made by Council’s Development Engineers.
Part 4: Designing the Building
4A	Solar and Daylight Access
	Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas	Six of the units achieve in excess of 2 hours solar access to part of their living area (85%), refer to matrix table below. Unit 2 only receive an hour and half of solar access, due to the orientation of the site. However, there are south facing living room windows that receive daylight.	Yes. Refer to SEPP 65.
	A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid-winter	Complies	Yes
4B	Natural Ventilation
	At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed	All apartments are naturally cross-ventilated.	Yes
4C	Ceiling Heights
	Measured from finished floor level to finished ceiling level, minimum ceiling heights are: Habitable Rooms – 2.7m Non-habitable – 2.4m	A 2.7m floor to ceiling heights for habitable rooms is indicated in the SEE and is reflected on the sections provided.	Yes
4D	Apartment Size and Layout
	Apartments are required to have the following minimum internal areas: Studio - 35m² 1 bedroom - 50m² 2 bedroom - 70m² 3 bedroom - 90m² The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m² each	The dwellings have the following internal areas: · Unit 1 is a 2 bedroom apartment = 80m² · Unit 2 is a 1 bedroom apartment = 50m² · Unit 3 is a 2 bedroom apartment = 80m² · Unit 4 is a 2 bedroom apartment = 70m² · Unit 5 is a 2 bedroom apartment = 70m² · Unit 6 is a 2 bedroom apartment = 70m² Unit 7 is a 3 bedroom apartment = 95m²	Two bathrooms are provided to apartments 4, 5 & 6 and therefore, do not comply as the additional bathrooms increase the minimum internal area by 5m² for each of the apartments. Refer to Key Issues above.
	Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms	All habitable rooms comprise of a window opening for the purposes of light and will not have an area less than 10% of the floor area of the room. For the purposes of ventilation all apartments have multiple aspects.	Yes
	Habitable room depths are limited to a maximum of 2.5 x the ceiling height	All habitable room depths are within the maximum limit.	Yes
	In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window	Open plan layouts are located within an 8 metres depth of a habitable window.	Yes
	Master bedrooms have a minimum area of 10m² and other bedrooms 9m² (excluding wardrobe space	Bedrooms will achieve minimum area requirements.	Yes
	Bedrooms have a minimum dimension of 3m (excluding wardrobe space	All bedrooms have a minimum dimension of 3m.	Yes
	Living rooms or combined living/dining rooms have a minimum width of: • 3.6m for studio and 1 bedroom apartments • 4m for 2 and 3 bedroom apartments	The dimensions are greater than the minimum width requirement.	Yes
4E	Apartment Size and Layout
	All apartments are required to have primary balconies as follows: Studio apartments 4m² 1 bedroom apartments 8m² 2m dim. 2 bedroom apartments 10m² 2m dim. 3+ bedroom apartments 12m² 2.4m dim. The minimum balcony depth to be counted as contributing to the balcony area is 1m	All the private open space areas are adequate and are well above the minimum requirement.	Yes
	For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m² and a minimum depth of 3m	The ground floor apartment have balconies/courtyards with areas of 34.2m² (Unit 1) & 45m² (Unit 2).	Yes
4F	Common Circulation and Spaces
	The maximum number of apartments off a circulation core on a single level is eight	The core provides entry to a maximum of 2 apartments.	Yes
4G	Storage
	In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided: Studio apartments 4m³ 1 bedroom apartments 6m³ 2 bedroom apartments 8m³ 3+ bedroom apartments 10m³ At least 50% of the required storage is to be located within the apartment	Adequate storage space is provided within the units and basement and it is noted in the SEE that the storage area provided for each of the units will archive compliance.	Yes

Appendix 4: DCP Compliance Table

It is noted that Clause 6 of SEPP 65 refers to Parts 3 and 4 of the ADG and requires:

(1) This clause applies in respect of the objectives, design criteria and design guidance set out in Parts 3 and 4 of the Apartment Design Guide for the following:

(a) visual privacy,

(b) solar and daylight access,

(c) common circulation and spaces,

(d) apartment size and layout,

(e) ceiling heights,

(f) private open space and balconies,

(g) natural ventilation,

(h) storage.

(2) If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect.

(3) This clause applies regardless of when the development control plan was made.

Therefore, where the RDCP provides controls in relation to (1), refer to Appendix 3 for the ADG design criteria assessment.

The relevant provisions of the DCP are addressed below.

DCP Clause	Control	Proposal	Compliance
C2	Medium Density Residential
2.2	Landscaped open space and deep soil area
2.2.1	Landscaped open space
	A minimum of 50% of the site area (221.7m²) is to be landscaped open space.	The proposed landscaped area is approximately 62.7% (or GFA of 278.2m²) of the site.	Complies
2.2.2	Deep soil area
	(i) A minimum of 25% of the site area (110.85m²) should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting. (ii) Deep soil areas must be located at ground level, be permeable, capable for the growth of vegetation and large trees and must not be built upon, occupied by spa or swimming pools or covered by impervious surfaces such as concrete, decks, terraces, outbuildings or other structures. (iii) Deep soil areas are to have soft landscaping comprising a variety of trees, shrubs and understorey planting. (iv) Deep soil areas cannot be located on structures or facilities such as basements, retaining walls, floor slabs, rainwater tanks or in planter boxes. (v) Deep soil zones shall be contiguous with the deep soil zones of adjacent properties.	15.85% (70.3m²). It is noted that the ADG requires 7% deep soil. The variation is supported given that sufficient deep soil area is provided for substantial vegetation at the rear, which will integrate well with neigbouring properties. The deep soil zone has a maximum dimension of 4.5m. Stormwater will be appropriately managed, (refer to Development Engineering comments at Appendix 1) which requires on site stormwater detention and is conditioned within the consent.	Does not comply, however, the variation is supported as it will meet the objectives of the control and ADG requirement.
2.3	Private and communal open space
2.3.1	Private open space
	Private open space is to be: (i) Directly accessible from the living area of the dwelling. (ii) Open to a northerly aspect where possible so as to maximise solar access. (iii) Be designed to provide adequate privacy for residents and where possible can also contribute to passive surveillance of common areas. For residential flat buildings: (vi) Each dwelling has access to an area of private open space in the form of a courtyard, balcony, deck or roof garden, accessible from with the dwelling. (vii) Private open space for apartments has a minimum area of 8m2 and a minimum dimension of 2m.	All units have direct access from the living area and where possible have a northerly aspect to maximise solar access. The POS complies with the minimum requirements.	Complies.
2.3.2	Communal open space
	Communal open space for residential flat building is to be: (a) Of a sufficient contiguous area, and not divided up for allocation to individual units. (b) Designed for passive surveillance. (c) Well oriented with a preferred northerly aspect to maximise solar access. (d) adequately landscaped for privacy screening and visual amenity. (e) Designed for a variety of recreation uses and incorporate recreation facilities such as playground equipment, seating and shade structures.	Communal open space is provided at the south western corner to the rear of the site and has an area of 35.5m. Given the orientation of the site there will be unavoidable overshadowing to the rear of the site and the communal open space will not receive adequate direct solar access. However, the area will receive good day light which is considered acceptable given the circumstance of the site. A mixture of soft and hard landscaping is provided, which can be used for a variety of passive recreation activities.	Complies with the objectives of the control.
3	Building Envelope
3.1	Floor space ratio
	1.2:1 required by the LEP and ARH SEPP.	1.2:1	Complies
3.2	Building height
	12m required by the LEP.	12m	Complies
3.3	Building depth
	For residential flat buildings, the preferred maximum building depth (from window to window line) is between 10m and 14m. Any greater depth must demonstrate that the design solution provides good internal amenity such as via cross-over, double-height or corner dwellings / units.	Building / apartment depths comply with the ADG, which takes precedence over the RDCP for this development standard (refer to ADG assessment in Appendix 3). The proposal also complies with the minimum depth requirements in the DCP.	Complies.
3.4	Setbacks
3.4.1	Front setback (i) The front setback on the primary and secondary property frontages must be consistent with the prevailing setback line along the street. Notwithstanding the above, the front setback generally must be no less than 3m in all circumstances to allow for suitable landscaped areas to building entries. (ii) Where a development is proposed in an area identified as being under transition in the site analysis, the front setback will be determined on a merit basis. (iii) The front setback areas must be free of structures, such as swimming pools, above-ground rainwater tanks and outbuildings. (iv) The entire front setback must incorporate landscape planting, with the exception of driveways and pathways.	The proposed front setback is consistent with the average setback of neighbouring properties.	Complies. Refer to Key Issues above.
3.4.2	Side setback
	Residential flat building (i) Comply with the minimum side setback requirements stated below: - Lots with a site frontage width less than 12m: merit assessment (ii) Incorporate additional side setbacks to the building over and above the above minimum standards, in order to: - Create articulations to the building facades. - Reserve open space areas and provide opportunities for landscaping. - Provide building separation. - Improve visual amenity and outlook from the development and adjoining residences. - Provide visual and acoustic privacy for the development and the adjoining residences. - Ensure solar access and natural ventilation for the development and the adjoining residences.	The site frontage width is 10.755m, and therefore a merit assessment applies (refer to Key Issues section).	Refer to Key Issues section above.
	(iii) A fire protection statement must be submitted where windows are proposed on the external walls of a residential flat building within 3m of the common boundaries. The statement must outline design and construction measures that will enable operation of the windows (where required) whilst still being capable of complying with the relevant provisions of the BCA.	A standard condition will ensure compliance with the BCA is achieved.	Conditioned to comply.
3.4.3	Rear setback
	For residential flat buildings, provide a minimum rear setback of 15% (6.225m) of allotment depth or 5m, whichever is the greater.	For an allotment depth of 41.5m, a rear setback of 6.225m applies to the site. Initially, the proposal was setback 5.97m from the rear boundary which did not comply with the DCP control. The rear setback was increased to improve privacy level by reducing the size of the rear balconies. The rear setback now complies with the control.	Complies. Refer to Key Issues above which addresses the objectors concerns.
4	Building Design
4.1	Building façade
	(i) Buildings must be designed to address all street and laneway frontages. (ii) Buildings must be oriented so that the front wall alignments are parallel with the street property boundary or the street layout. (iii) Articulate facades to reflect the function of the building, present a human scale, and contribute to the proportions and visual character of the street. (iv) Avoid massive or continuous unrelieved blank walls. This may be achieved by dividing building elevations into sections, bays or modules of not more than 10m in length, and stagger the wall planes.	The front façade is well articulated and will present well to the street and surrounding properties with balconies, recessed and projecting architectural elements and a change in building materials.	Complies.
4.2	Roof design
	(i) Design the roof form, in terms of massing, pitch, profile and silhouette to relate to the three dimensional form (size and scale) and façade composition of the building. (ii) Design the roof form to respond to the orientation of the site, such as eaves and skillion roofs to respond to sun access. (iii) Use a similar roof pitch to adjacent buildings, particularly if there is consistency of roof forms across the streetscape. (iv) Articulate or divide the mass of the roof structures on larger buildings into distinctive sections to minimise the visual bulk and relate to any context of similar building forms. (v) Use clerestory windows and skylights to improve natural lighting and ventilation of internalised space on the top floor of a building where feasible. The location, layout, size and configuration of clerestory windows and skylights must be sympathetic to the overall design of the building and the streetscape. (vi) Any services and equipment, such as plant, machinery, ventilation stacks, exhaust ducts, lift overrun and the like, must be contained within the roof form or screened behind parapet walls so that they are not readily visible from the public domain. (vii) Terraces, decks or trafficable outdoor spaces on the roof may be considered only if: - There are no direct sightlines to the habitable room windows and private and communal open space of the adjoining residences. - The size and location of terrace or deck will not result in unreasonable noise impacts on the adjoining residences. - Any stairway and associated roof do not detract from the architectural character of the building, and are positioned to minimise direct and oblique views from the street. - Any shading devices, privacy screens and planters do not adversely increase the visual bulk of the building. (viii) The provision of landscape planting on the roof (that is, “green roof”) is encouraged. Any green roof must be designed by a qualified landscape architect or designer with details shown on a landscape plan.	The proposed flat roof is consistent with majority of the recently approved and constructed residential flat building within the area. The proposed building is well articulated and relates to context of similar building forms within the area. The proposed flat roof relates well to the size and scale / façade composition of the building and is an appropriate roof design that reduces bulk and scale in response to the steep topography and concerns related to view loss.	Complies
4.3	Habitable roof space
	Habitable roof space may be considered, provided it meets the following: - Optimises dwelling mix and layout, and assists to achieve dual aspect or cross over units with good natural ventilation. - Has a maximum floor space of 65% of the storey immediately below. - Wholly contain habitable areas within the roof space. - When viewed from the surrounding public and private domain, the roof form has the appearance of a roof. A continuous flat roof with habitable space within it will not satisfy this requirement. - Design windows to habitable roof space as an integrated element of the roof. - Submit computer generated perspectives or photomontages showing the front and rear elevations of the development.	None proposed.	N/A
4.4	External wall height and ceiling height
	(ii) Where the site is subject to a 12m building height limit under the LEP, a maximum external wall height of 10.5m applies.	The proposed development has a maximum external wall height of approximately 11.98m to the front end of the eastern elevation and approximately 11.82m to the front of the western elevation which do not comply with the maximum 10.5m external wall height control.	Does not comply. Refer to Key Issues Section.
	(iii) The minimum ceiling height is to be 2.7m for all habitable rooms.	2.7m	Complies
4.5	Pedestrian Entry
	(i) Separate and clearly distinguish between pedestrian pathways and vehicular access.	Pedestrian pathways and vehicular access is clearly distinguished.	Complies
	(ii) Present new development to the street in the following manner: - Locate building entries so that they relate to the pedestrian access network and desired lines. - Design the entry as a clearly identifiable element in the façade composition. - Integrate pedestrian access ramps into the overall building and landscape design. - For residential flat buildings, provide direct entries to the individual dwellings within a development from the street where possible. - Design mailboxes so that they are convenient to residents, do not clutter the appearance of the development at street frontage and are preferably integrated into a wall adjacent to the primary entry (and at 90 degrees to the street rather than along the front boundary). - Provide weather protection for building entries. Postal services and mailboxes (i) Mailboxes are provided in accordance with the delivery requirements of Australia Post. (ii) A mailbox must clearly mark the street number of the dwelling that it serves. (iii) Design mail boxes to be convenient for residents and not to clutter the appearance of the development from the street.	The building entries at the front and rear relate well to the pedestrian access network and are clearly defined. The development provides access to the basement area to the front eastern end of the site for disabled access and there is a rear access from the basement level to the communal open space. The main front entry access to the dwellings is from the west end of the site with direct access also to the communal area. Mailboxes are provided to the front eastern corner of the site which are convenient to residents.	Complies
4.6	Internal circulation
	(i) Enhance the amenity and safety of circulation spaces by: - Providing natural lighting and ventilation where possible. - Providing generous corridor widths at lobbies, foyers, lift doors and apartment entry doors. - Allowing adequate space for the movement of furniture. - Minimising corridor lengths to give short, clear sightlines. - Avoiding tight corners. - Articulating long corridors with a series of foyer areas, and/or providing windows along or at the end of the corridor.	Building circulation requirements are provided in accordance with the ADG, which takes precedence over the RDCP for this development standard (refer to ADG assessment in Appendix 3).	Complies with the ADG.
	(ii) Use multiple access cores to: - Maximise the number of pedestrian entries along a street for sites with wide frontages or corner sites. - Articulate the building façade. - Limit the number of dwelling units accessible off a single circulation core on a single level to 6 units.	2 pedestrian access cores are provided from Coogee Bay Road. 1 dwelling per floor is proposed.	Complies
	(iii) Where apartments are arranged off a double-loaded corridor, limit the number of units accessible from a single core or to 8 units.	Apartments are not provided off a double-loaded corridor.	N/A
4.7	Apartment layout
	(i) Maximise opportunities for natural lighting and ventilation through the following measures: - Providing corner, cross-over, cross-through and double-height maisonette / loft apartments. - Limiting the depth of single aspect apartments to a maximum of 6m. - Providing windows or skylights to kitchen, bathroom and laundry areas where possible. Providing at least 1 openable window (excluding skylight) opening to outdoor areas for all habitable rooms and limiting the use of borrowed light and ventilation. (ii) Design apartment layouts to accommodate flexible use of rooms and a variety of furniture arrangements.	Apartment layouts are provided in accordance with the ADG, which takes precedence over the RDCP for this development standard (refer to ADG assessment in Appendix 3). Notwithstanding, all apartments have dual aspects and are naturally cross ventilated and provided with adequate natural light.	Complies with the ADG.
	(iii) Provide private open space in the form of a balcony, terrace or courtyard for each and every apartment unit in a development. (iv) Avoid locating the kitchen within the main circulation space of an apartment, such as hallway or entry.	All apartments are provided with compliant POS that complies with the ADG, which takes precedence over the RDCP for this development standard (refer to ADG assessment in Appendix 3).	Complies with the ADG.
4.8	Balconies
	(i) Provide a primary balcony and/or private courtyard for all apartments with a minimum area of 8m2 and a minimum dimension of 2m and consider secondary balconies or terraces in larger apartments. (i) Provide a primary terrace for all ground floor apartments with a minimum depth of 4m and minimum area of 12m2. All ground floor apartments are to have direct access to a terrace.	All apartments are provided with compliant POS that complies with the ADG, which takes precedence over the RDCP for this development standard (refer to Appendix 3).	Complies with the ADG.
4.9	Colours, materials and finishes
	(i) Provide a schedule detailing the materials and finishes in the development application documentation and plans. (ii) The selection of colour and material palette must complement the character and style of the building. (iv) Use the following measures to complement façade articulation: - Changes of colours and surface texture - Inclusion of light weight materials to contrast with solid masonry surfaces - The use of natural stones is encouraged. (v) Avoid the following materials or treatment: - Reflective wall cladding, panels and tiles and roof sheeting - High reflective or mirror glass - Large expanses of glass or curtain wall that is not protected by sun shade devices - Large expanses of rendered masonry - Light colours or finishes where they may cause adverse glare or reflectivity impacts (vi) Use materials and details that are suitable for the local climatic conditions to properly withstand natural weathering, ageing and deterioration. (vii) Sandstone blocks in existing buildings or fences on the site must be recycled and re-used.	The proposal presents as a modern apartment building utilising primarily render and texture finish, wood and metal cladding to the wall materials with glass balconies to the front of the façade and solid balcony balustrades to the rear. The proposed schedule of colours, finishes and materials are of dark and light neutral earthy tones. Limited colours and finishes schedule has been provided for the development. A condition is included which requires a detailed colours, materials and finishes schedule to be provided to Council’s Manager of Development Assessment for approval.	Conditioned to comply.
4.12	Earthworks Excavation and backfilling
	(i) Any excavation and backfilling within the building footprints must be limited to 1m at any point on the allotment, unless it is demonstrated that the site gradient is too steep to reasonably construct a building within this extent of site modification. (ii) Any cut and fill outside the building footprints must take the form of terracing following the natural landform, in order to minimise the height or depth of earthworks at any point on the site. (iii) For sites with a significant slope, adopt a split-level design for buildings to minimise excavation and backfilling.	The excavation works are limited to the rear ground floor section of the building which follows the contours of the land and basement level which is in line with the existing street. A condition is included within the consent which requires a dilapidation report (incorporating photographs of relevant buildings) to be obtained from a Professional Engineer, detailing the current condition and status of all of the buildings and structures located upon all of the properties adjoining the subject site and any other property or public land which may be affected by the works.	Complies with the objectives of the control and conditions are included to ensure compliance.
	Retaining walls (iv) Setback the outer edge of any excavation, piling or sub-surface walls a minimum of 900mm from the side and rear boundaries. (v) Step retaining walls in response to the natural landform to avoid creating monolithic structures visible from the neighbouring properties and the public domain. (vi) Where it is necessary to construct retaining walls at less than 900mm from the side or rear boundary due to site conditions, retaining walls must be stepped with each section not exceeding a maximum height of 2200mm, as measured from the ground level (existing).	Retaining walls are proposed to the rear landscaped courtyard areas. The walls are limited in height and follow the contours of the land and are unlikely to affect any adjoining building or vegetation on the site.	Complies
5	Amenity
5.1	Solar access and overshadowing
	Solar access for proposed development
	(i) Dwellings must receive a minimum of 3 hours sunlight in living areas and to at least 50% of the private open space between 8am and 4pm on 21 June. (ii) Living areas and private open spaces for at least 70% of dwellings within a residential flat building must provide direct sunlight for at least 3 hours between 8am and 4pm on 21 June.	Apartments will receive adequate direct solar access that complies with the objectives of the ADG, which takes precedence over the RDCP for this development standard (refer to ADG assessment in Appendix 3).	Complies with the objectives of the ADG.
	(iii) Limit the number of single-aspect apartments with a southerly aspect to a maximum of 10 percent of the total units within a residential flat building.	No single aspect apartments are proposed.	Complies
	(iv) Any variations from the minimum standard due to site constraints and orientation must demonstrate how solar access and energy efficiency is maximised.	The POS to Units 2, 4 & 6 do not meet the solar access requirement due to site constraints.	Refer to Key Issues above.
	Solar access for surrounding development
	(i) Living areas of neighbouring dwellings must receive a minimum of 3 hours access to direct sunlight to a part of a window between 8am and 4pm on 21 June. (ii) At least 50% of the landscaped areas of neighbouring dwellings must receive a minimum of 3 hours of direct sunlight to a part of a window between 8am and 4pm on 21 June. (iii) Where existing development currently receives less sunlight than this requirement, the new development is not to reduce this further.	Based on the submitted shadow diagrams, additional overshadowing will occur to neighbouring properties to the south, east and west.	Complies – Refer to Key Issues section above.
5.2	Natural ventilation and energy efficiency
	(i) Provide daylight to internalised areas within each dwelling and any poorly lit habitable rooms via measures such as ventilated skylights, clerestory windows, fanlights above doorways and highlight windows in internal partition walls.	All habitable rooms are provided with natural daylight via windows.	Complies
	(ii) Sun shading devices appropriate to the orientation should be provided for the windows and glazed doors of the building.	Appropriate sun shading devices have been provided.	Complies
	(iii) All habitable rooms must incorporate windows opening to outdoor areas. The sole reliance on skylight or clerestory windows for natural lighting and ventilation is not acceptable.	All habitable rooms are provided with window openings to outdoor areas.	Complies
	(iv) All new residential units must be designed to provide natural ventilation to all habitable rooms. Mechanical ventilation must not be the sole means of ventilation to habitable rooms.	All habitable rooms are capable of natural ventilation.	Complies
	(v) A minimum of 90% of residential units should be naturally cross ventilated. In cases where residential units are not naturally cross ventilated, such as single aspect apartments, the installation of ceiling fans may be required.	All apartments (100%) are cross-ventilated.	Complies
	(vi) A minimum of 25% of kitchens within a development should have access to natural ventilation and be adjacent to openable windows.	All kitchens (100%) have access to natural ventilation.	Complies
	(vii) Developments, which seek to vary from the minimum standards, must demonstrate how natural ventilation can be satisfactorily achieved, particularly in relation to habitable rooms.	N/A	N/A
5.3	Visual privacy
	(i) Locate windows and balconies of habitable rooms to minimise overlooking of windows or glassed doors in adjoining dwellings. (ii) Orient balconies to front and rear boundaries or courtyards as much as possible. Avoid orienting balconies to any habitable room windows on the side elevations of the adjoining residences. (iii) Orient buildings on narrow sites to the front and rear of the lot, utilising the street width and rear garden depth to increase the separation distance. (iv) Locate and design areas of private open space to ensure a high level of user privacy. Landscaping, screen planting, fences, shading devices and screens are used to prevent overlooking and improve privacy. (v) Incorporate materials and design of privacy screens including: - Translucent glazing - Fixed timber or metal slats - Fixed vertical louvres with the individual blades oriented away from the private open space or windows of the adjacent dwellings - Screen planting and planter boxes as a supplementary device for reinforcing privacy protection	Visual privacy is provided in accordance with the ADG, which takes precedence over the RDCP for this development standard (refer to ADG assessment in Appendix 3).	Subject to conditions will comply with the ADG.
5.4	Acoustic privacy
	(i) Design the building and layout to minimise transmission of noise between buildings and dwellings. (ii) Separate “quiet areas” such as bedrooms from common recreation areas, parking areas, vehicle access ways and other noise generating activities. (iii) Utilise appropriate measures to maximise acoustic privacy such as: - Double glazing - Operable screened balconies - Walls to courtyards - Sealing of entry doors	Acoustic privacy will be achieved within the apartments due to separation of quiet areas from noisy areas.	Complies
5.5	View sharing
	(i) The location and design of buildings must reasonably maintain existing view corridors and vistas to significant elements from the streets, public open spaces and neighbouring dwellings. (ii) In assessing potential view loss impacts on the neighbouring dwellings, retaining existing views from the living areas should be given a priority over those obtained from the bedrooms and non-habitable rooms. (iii) Where a design causes conflicts between retaining views for the public domain and private properties, priority must be given to view retention for the public domain. (iv) The design of fences and selection of plant species must minimise obstruction of views from the neighbouring residences and the public domain. (v) Adopt a balanced approach to privacy protection and view sharing, and avoid the creation of long and massive blade walls or screens that obstruct views from the neighbouring dwellings and the public domain. (vi) Clearly demonstrate any steps or measures adopted to mitigate potential view loss impacts in the development application.	View sharing will be reasonably maintained.	Refer to Key Issues above.
5.6	Safety and security
	(i) Design buildings and spaces for safe and secure access to and within the development.	Entry points to the building can be appropriately secured and will have clear lines of site.	Complies
	(iii) For residential flat buildings, provide direct, secure access between the parking levels and the main lobby on the ground floor.	Direct, secure access is provided.	Complies
	(iv) Design window and door placement and operation to enable ventilation throughout the day and night without compromising security. The provision of natural ventilation to the interior space via balcony doors only, is deemed insufficient.	All apartments are provided with openable habitable room windows that are capable of being secured.	Complies
	(v) Avoid high walls and parking structures around buildings and open space areas which obstruct views into the development.	No obstruction to lines of sight is proposed.	Complies
	(vi) Resident car parking areas must be equipped with security grilles or doors.	A security door to the basement access is proposed.	Complies
	(vii) Control visitor entry to all units and internal common areas by intercom and remote locking systems.	A condition is recommended to ensure compliance with this part.	Complies, subject to condition.
	(viii) Provide adequate lighting for personal safety in common and access areas of the development.	A condition is recommended to ensure compliance with this part.	Complies, subject to condition.
	(ix) Improve opportunities for casual surveillance without compromising dwelling privacy by designing living areas with views over public spaces and communal areas, using bay windows which provide oblique views and casual views of common areas, lobbies / foyers, hallways, open space and car parks.	Casual surveillance will be achieved to the street and communal areas from living rooms and private open spaces.	Complies.
	(x) External lighting must be neither intrusive nor create a nuisance for nearby residents.	A condition is recommended to ensure compliance with this part.	Complies, subject to condition.
	(xi) Provide illumination for all building entries, pedestrian paths and communal open space within the development.	A condition is recommended to ensure compliance with this part.	Complies, subject to condition.
6.1	Location
	(i) Car parking facilities must be accessed off rear lanes or secondary street frontages where available.	Access to the basement car park is proposed from Coogee Bay Road.	Complies
	(ii) The location of car parking and access facilities must minimise the length of driveways and extent of impermeable surfaces within the site.	The driveway length is minimised.	Complies.
	(iii) Setback driveways a minimum of 1m from the side boundary. Provide landscape planting within the setback areas.	The driveway is setback a minimum distance of 900mm from the side boundaries.	Complies
	(iv) Entry to parking facilities off the rear lane must be setback a minimum of 1m from the lane boundary.	There is no rear access.	N/A
	(v) For residential flat buildings, comply with the following: (a) Car parking must be provided underground in a basement or semi-basement for new development. (b) On grade car park may be considered for sites potentially affected by flooding. In this scenario, the car park must be located on the side or rear of the allotment away from the primary street frontage. (c) Where rear lane or secondary street access is not available, the car park entry must be recessed behind the front façade alignment. In addition, the entry and driveway must be located towards the side and not centrally positioned across the street frontage.	Parking is proposed within the basement.	Complies
6.2	Configuration
	(i) With the exception of hardstand car spaces and garages, all car parks must be designed to allow vehicles to enter and exit in a forward direction.	The proposal is for off-street basement car parking accessed off Coogee Bay Road. Vehicles will be able to enter and exit the site in a forward direction via a turning circle within the basement.	Complies
	(ii) For residential flat buildings, the maximum width of driveway is 6m. In addition, the width of driveway must be tapered towards the street boundary as much as possible.	A 3m wide driveway and cross over is provided off Coogee Bay Road.	Complies
	(iv) Provide basement or semi-basement car parking consistent with the following requirements: (a) Provide natural ventilation. (b) Integrate ventilation grills into the façade composition and landscape design. (c) The external enclosing walls of car park must not protrude above ground level (existing) by more than 1.2m. This control does not apply to sites affected by potential flooding. (d) Use landscaping to soften or screen any car park enclosing walls. (e) Provide safe and secure access for building users, including direct access to dwellings where possible. (f) Improve the appearance of car park entries and avoid a ‘back-of-house’ appearance by measures such as: - Installing security doors to avoid ‘black holes’ in the facades. - Returning the façade finishing materials into the car park entry recess to the extent visible from the street as a minimum. - Concealing service pipes and ducts within those areas of the car park that are visible from the public domain.	The proposed basement complies with the development standard.	Complies
7	Fencing and Ancillary Development
7.1	Fencing
	(i) Fences are constructed with durable materials that are suitable for their purpose and can properly withstand wear and tear and natural weathering. (ii) Sandstone fencing must not be rendered and painted. (iii) The following materials must not be used in fences: - Steel post and chain wire - Barbed wire or other dangerous materials (ii) Expansive surfaces of blank rendered masonry to street frontages must be avoided.	No front or side fencing is proposed. A podium is provided to the street frontage which is consistent with the streetscape.	N/A
7.2	Front Fencing
	(i) The fence must align with the front property boundary or the predominant fence setback line along the street. (ii) The maximum height of front fencing is limited to 1200mm, as measured from the footpath level, with the solid portion not exceeding 600mm, except for piers. The maximum height of front fencing may be increased to 1800mm, provided the upper two-thirds are partially open, except for piers. (iii) Construct the non-solid portion of the fence with light weight materials that are at least 30% open and evenly distributed along the full length of the fence. (iv) Solid front fence of up to 1800mm in height may be permitted in the following scenarios: - Front fence for sites facing arterial roads. - Fence on the secondary street frontage of corner allotments, which is behind the alignment of the primary street façade. Such solid fences must be articulated through a combination of materials, finishes and details, and/or incorporate landscaping, so as to avoid continuous blank walls. (v) The fence must incorporate stepping to follow any change in level along the street boundary. The height of the fence may exceed the aforementioned numerical requirement by a maximum of 150mm adjacent to any stepping. (vi) The preferred materials for front fences are natural stone, face bricks and timber. (vii) Gates must not open over public land. (viii) The fence adjacent to the driveway may be required to be splayed to ensure adequate sightlines for drivers and pedestrians.	No front fencing is proposed. Only security door/gates are provided to the main entrances to the building.	N/A
7.3	Side and Rear Fencing
	(i) The maximum height of side, rear or common boundary fences is limited to 1800mm, as measured from the ground level (existing). For sloping sites, the fence must be stepped to follow the topography of the land, with each step not exceeding 2200mm above ground level (existing). (ii) In the scenario where there is significant level difference between the subject and adjoining allotments, the fencing height will be considered on merits. (iii) The side fence must be tapered down to match the height of the front fence once pasts the front façade alignment. (iv) Side or common boundary fences must be finished or treated on both sides.	1.8m side and rear fencing provided for security and privacy.	Complies
7.6	Storage
	(i) The design of development must provide for readily accessible and separately contained storage areas for each dwelling. (ii) Storage facilities may be provided in basement or sub floor areas, or attached to garages. Where basement storage is provided, it should not compromise any natural ventilation in the car park, reduce sight lines or obstruct pedestrian access to the parked vehicles. (iii) In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates: (a) Studio apartments – 6m3 (a) 1-bedroom apartments – 6m3 (b) 2-bedroom apartments – 8m3 (c) 3 plus bedroom apartments – 10m3	Storage is provided in accordance with the ADG, which takes precedence over the RDCP for this development standard (refer to ADG assessment in Appendix 3).	Complies with ADG.
7.7	Laundry facilities
	(i) Provide a retractable or demountable clothes line in the courtyard of each dwelling unit.	Adequate clothes drying facilities are proposed for the Units.	Complies
	(ii) Provide internal laundry for each dwelling unit.	Each unit is provided with an internal laundry.	Complies
	(iii) Provide a separate service balcony for clothes drying for dwelling units where possible. Where this is not feasible, reserve a space for clothes drying within the sole balcony and use suitable balustrades to screen it to avoid visual clutter.	Sufficient area is available as part of the compliant POS.	Complies
7.8	Air conditioning units:
	· Avoid installing within window frames. If installed in balconies, screen by suitable balustrades. · Air conditioning units must not be installed within window frames.	The A/C units will be located with the basement level to avoid visual and acoustic impacts. A condition is recommended to ensure compliance with this part.	Complies, subject to condition.

Attachment/s:

1.⇩

Dev Consent Conditions

Responsible officer: Chahrazad Rahe, Senior Assessment Planner

File Reference: DA/269/2019

Dev Consent Conditions

Attachment 1

Development Consent Conditions

(Medium density residential)

Folder /DA No:	DA/269/2019
Property:	97 Coogee Bay Road, COOGEE NSW 2034
Proposal:	Demolition of existing structures, construction of a 4 storey residential flat building with semi-basement car parking, comprising 7 dwellings including 2 Affordable Rental Housing dwellings, 9 car park spaces, landscaping and associated works.
Recommendation:	Approval~~/Deferred Commencement Approval~~

Development Consent Conditions

GENERAL CONDITIONS

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

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

Approved Plans & Supporting Documentation

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

*Plan*	*Drawn by*	*Dated*	*Received by Council*
A103 (Revision 7)	Attena Group Design & Build	11/03/2020	04/05/2020
A104 (Revision 1)	Attena Group Design & Build	14/03/2019	04/05/2020
A105 (Revision 7)	Attena Group Design & Build	11/03/2020	04/05/2020
A106 (Revision 8)	Attena Group Design & Build	01/05/2020	04/05/2020
A107 (Revision 9)	Attena Group Design & Build	04/05/2020	04/05/2020
A108 (Revision 7)	Attena Group Design & Build	04/05/2020	04/05/2020
A109 (Revision 10)	Attena Group Design & Build	04/05/2020	04/05/2020
A110 (Revision 10)	Attena Group Design & Build	04/05/2020	04/05/2020
A111 (Revision 11)	Attena Group Design & Build	04/05/2020	04/05/2020
A112 (Revision 5)	Attena Group Design & Build	11/03/2020	04/05/2020
A113 (Revision 9)	Attena Group Design & Build	04/05/2020	04/05/2020
A114 (Revision 9)	Attena Group Design & Build	04/05/2020	04/05/2020
A115 (Revision 9)	Attena Group Design & Build	04/05/2020	04/05/2020

*BASIX Certificate No.*	*Dated*	*Received by Council*
948349M_03	1 May 2020	4 May 2020

Amendment of Plans & Documentation

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

a) Fixed vertical external privacy louvres shall be provided to the east- facing living area windows of Units 2, 4 & 6. The individual blades shall be angled and spaced appropriately to prevent overlooking into the private open space or windows of the adjacent dwellings.

b) The east-facing kitchen windows shall have a minimum sill height of 1.6m.

c) Full-height sliding privacy screen panelss shall be provided to the southern sides ~~rear ends~~ of the south-facing balconies ~~directly adjacent to the living areas~~ of Units 4, 6 & 7. The panels shall be capable of screening at least 1 quarter the width of each balcony.

d) ~~1.6m high p~~The privacy screens having 1.6m in height shall be provided to the entire eastern end ~~full length~~ of the ~~eastern side~~ ~~sides~~ ~~of the north~~ ~~and~~south-facing balconies. The privacy screens shall be fixed, with the individual blades angled and spaced appropriately to prevent overlooking into the private open space or windows of the adjacent dwellings.

e) The vertical louver privacy screens shown on the western elevation shall be fixed, with the individual blades angled and spaced appropriately to prevent overlooking into the private open space or windows of the adjacent dwellings.

f) The ensuites and bathrooms to Units 4, 5 & 6 shall be amalgamated into one bathroom to meet the minimum internal area requirement under the ADG.

Affordable Rental Housing Component

3. Unit 1 and Unit 3 shall be provided as affordable rental housing in accordance with the SEPP (ARH) 2009.

a) The dwellings to be used for the purposes of ‘affordable rental housing’, as per the provisions of the SEPP (ARH) 2009 shall be used as such for at least 10 years from the date of the issue of the Occupation Certificate.

b) The affordable rental housing component (secured for a minimum of 10 years) must be managed by a registered Community Housing Provider (CHP).

c) The CHP must ensure compliance with the occupant restriction and others provisions of the regulatory code established through regulations under the Housing Act 2001.

d) A restriction must be registered, before the date of the issue of the occupation certificate, against the title of the property, in accordance with Section 88E of the Conveyancing Act 1919 that will ensure that the requirements a. and b. are met and that the terms of restriction may not be varied without Council’s consent.

e) Prior to an Occupation Certificate being granted, evidence must be provided to Council demonstrating that the section 88E covenant has been registered on the title stating that the affordable rental housing component must be used for affordable rental housing and managed by a registered CHP.

Intercom / Locking Systems

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

Lighting

5. Adequate lighting for personal safety shall be provided in common and access areas including building entries and communal open space areas.

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

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

Consent Requirements

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

External Colours, Materials & Finishes

7. The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

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

Section 7.12 Development Contributions

8. In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $3,364,230.03 the following applicable monetary levy must be paid to Council: $33,642.30.

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

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

IDC = ODC x CP2/CP1

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

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

Compliance Fee

9. A development compliance and enforcement fee of $3,364.25 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.

Long Service Levy Payments

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

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

Security Deposit

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

· $9,000.00 - Damage / Civil Works Security Deposit

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

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

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

Sydney Water

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

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

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

· Building plan approvals

· Connection and disconnection approvals

· Diagrams

· Trade waste approvals

· Pressure information

· Water meter installations

· Pressure boosting and pump approvals

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

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

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

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

Telecommunications infrastructure

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

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

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

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

Street Tree Management

14. The applicant must submit a payment of $1000.00 (GST inclusive) to cover the following costs:

a. For Council to remove, stump-grind and dispose of the existing Livistona australis (Cabbage Palm) from the centrally located tree square on the Coogee Bay Road footpath, prior to the commencement of site works, so as to accommodate the new single layback and vehicle crossing in this same location as shown.

b. For Council to supply, plant and maintain two replacement Cabbage Palms, being one in a dedicated tree square within the newly constructed full width footpath, in line with the eastern site boundary, as well as one in the nature strip beyond the western site boundary/existing light pole, at the completion of all works. Refer also to ‘Council’s Infrastructure, crossing’ condition later in this report.

This fee must be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre prior to a Construction Certificate being issued for the development.

The applicant must then contact Council’s Landscape Development Officer on 9093-6613 (quoting the receipt number), and giving at least 6 working weeks-notice (allow longer for public holidays or extended periods of rain) to arrange for its removal, prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacements.

After this, any further enquiries regarding scheduling/timing or completion of tree works are to be directed to Council’s North Area Tree Preservation & Maintenance Coordinator on 9093-6963.

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

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

Compliance with the Building Code of Australia & Relevant Standards

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

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

BASIX Requirements

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

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

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

Site stability, Excavation and Construction work

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

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

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

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

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

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

Traffic conditions

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

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

Design Alignment levels

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

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

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

Any request to vary the design alignment level/s must be forwarded to and approved in writing by Council’s Development Engineers and may require a formal amendment to the development consent via a Section 4.55 application.

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

22. The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $591 calculated at $55.00 per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

23. The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

The height of the building must not be increased to satisfy the required driveway gradients.

Stormwater Drainage

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

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

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

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

i. Roof areas

ii. Paved areas

iii. Grassed areas

iv. Garden areas

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

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

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

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

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

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

i. Directly to the kerb and gutter in front of the subject site in Coogee Bay Road or

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

NOTES:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Site seepage

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

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

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

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

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

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

Waste Management

27. 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 for Proposed Development and must include the following details (as applicable):

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

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

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

· Details of the proposed recycling and waste disposal contractors.

· Waste storage facilities and equipment.

· Access and traffic arrangements.

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

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

28. The garbage room shall be sized to contain a total of 10 x 240 litre bins (comprising 4 garbage bins, 4 recycle bins & 2 green waste) and with adequate provisions for access to all bins. Details showing compliance are to be included in the construction certificate.

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

Public Utilities

30. A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.

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

Undergrounding of Site Power

31. Power supply to the proposed development shall be provided via an underground (UGOH) connection from the nearest mains distribution pole in Coogee Bay Road street. No Permanent Private Poles are to be installed with all relevant documentation submitted for the construction certificate to reflect these requirements. The applicant/owner is to liaise with an Ausgrid Accredited Service Provider to carry out the works to the requirements and satisfaction of Ausgrid and at no cost to Council.

Landscape Plans

32. The Landscape Plans by Sticks & Stones, dwg’s F102 & 104, ref A, dated 01.04.19 must be amended to now be consistent with the current set of architectural plans by Attena Group, Issue 7, dated 11/03/2020, with a revised treatment to be provided where necessary.

33. Written certification from a qualified professional in the Landscape/Horticultural industry (must be eligible for membership with a nationally recognised organisation/association) must confirm this, with both this statement and approved/amended plans to then be submitted to, and be approved by, the Principal Certifier.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

Certification and Building Inspection Requirements

34. 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 Certifier must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

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

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

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

Home Building Act 1989

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

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

Dilapidation Reports

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

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

Construction Site Management Plan

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

· location and construction of protective site fencing / hoardings;

· location of site storage areas/sheds/equipment;

· location of building materials for construction;

· provisions for public safety;

· dust control measures;

· details of proposed sediment and erosion control measures;

· site access location and construction

· details of methods of disposal of demolition materials;

· protective measures for tree preservation;

· location and size of waste containers/bulk bins;

· provisions for temporary stormwater drainage;

· construction noise and vibration management;

· construction traffic management details;

· provisions for temporary sanitary facilities.

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

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

Demolition Work Plan

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

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

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

Construction Noise & Vibration Management Plan

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

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

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

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

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

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

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

Public Liability

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

Construction Traffic Management

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

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

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

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

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

· A description of the demolition, excavation and construction works,

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

· Any proposed road and/or footpath closures

· Proposed site access locations for personnel, deliveries and materials

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

· Provision for loading and unloading of goods and materials

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

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

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

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

· Measures to maintain public safety and convenience

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

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

Construction Traffic Management

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

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

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

· A description of the demolition, excavation and construction works

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

· Any proposed road and/or footpath closures

· Proposed site access locations for personnel, deliveries and materials

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

· Provision for loading and unloading of goods and materials

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

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

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

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

· Measures to maintain public safety and convenience

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

Public Utilities

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

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

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

Inspections during Construction

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

Building & Demolition Work Requirements

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

• Work Health and Safety Act 2011;

• Work Health and Safety Regulation 2011;

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

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

• The Protection of the Environment Operations Act 1997;

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

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

Removal of Asbestos Materials

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

· Occupational Health & Safety legislation and WorkCover NSW requirements

· Randwick City Council’s Asbestos Policy

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

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

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

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

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

Excavations, Back-filling & Retaining Walls

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

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

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

Support of Adjoining Land

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

Sediment & Erosion Control

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

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

Dust Control

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

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

Dust control measures and practices may include:-

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

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

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

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

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

· Landscaping and revegetation of disturbed areas.

Temporary Site Fencing

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

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

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

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

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

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

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

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

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

Notes:

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

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

Public Safety & Site Management

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

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

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

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

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

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

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

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

Site Signage

57. 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 Certifier,

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

Restriction on Working Hours

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

Activity	Permitted working hours
All building, demolition and site work, including site deliveries (except as detailed below)	· Monday to Friday - 7.00am to 5.00pm · Saturday - 8.00am to 5.00pm · Sunday & public holidays - No work permitted
Excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like	· Monday to Friday - 8.00am to 1.00pm only · Saturday - No work permitted · Sunday & public holidays - No work permitted
Additional requirements for all development	· Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

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

Survey Requirements

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

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

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

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

· as otherwise may be required by the PC.

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 Certifier for the development.

Building Encroachments

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

Road/Asset Opening Permit

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

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

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

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

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

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

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

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

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

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

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

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

Traffic Management

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

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

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

Stormwater Drainage

65. Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the Principal Certifier.

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

Seepage/Groundwater

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

Tree Management

67. Approval is granted for removal of the following vegetation from within the subject site, subject to full implementation of the approved Landscape Plans:

a. The two Cupressus sempervirens (Italian Cypress) located wholly with the subject site, right on the front/northern boundary, being one each in both the northwest and northeast site corners, so as to accommodate the new vehicle access as well as all other aspects of the works that are shown for this same area;

b. The Persea amercianna (Avocado) in the rear setback, along the western boundary, adjacent the existing water tank, due to its poor condition arising from past heavy lopping, its existing lean to the north, and direct conflict with all aspects of the development;

c. The mature Howea fosteriana (Kentia Palm) immediately to its southeast, in the upper, most southern terrace area, as despite being a desirable feature species, is also in direct conflict with all aspects of the works as shown;

d. The other Persea amercianna (Avocado) to their southeast, closest to the rear/southern boundary, in the upper, most southern terrace area, given its restricted root development, poor condition, and direct conflict with all works in this same area of the site.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

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

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

Occupation Certificate Requirements

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

Fire Safety Certificates

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

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

Structural Certification

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

Sydney Water Certification

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

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

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

BASIX Requirements & Certification

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

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

Noise Control Requirements & Certification

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

In this regard, the operation of the plant and equipment shall not give rise to an 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 Environment Protection Authority (EPA) Noise Control Guidelines.

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

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

Street and/or Sub-Address Numbering

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

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

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

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

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

NOTE: This also includes the requirement to provide a 1.5m x 1.5m (or of a size specified by Council) tree square at the back of the kerb, in line with the eastern site boundary, so as to accommodate the planting of a replacement Cabbage Palm. Refer also to ‘Street Tree Management’ condition earlier in this report.

c) Re-construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

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

e) Re/construct a 1.3m wide concrete footpath along the full site frontage. Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

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

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

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

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

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

Service Authorities

Sydney Water

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

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

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

Parking Turntable

80. The mechanical car turntable must be installed and operational in accordance with the manufacture’s specification so that all vehicle are able to enter and exit the site in a forward direction.

Undergrounding of Power

81. The CA shall ensure that power supply to the completed development has been provided as an underground (UGOH) connection from the nearest mains distribution pole in Coogee Bay Road. All work is to be to the requirements and satisfaction of Ausgrid and at no cost to Council.

NOTE: Any private poles must be removed prior to the issuing of an occupation certificate.

Stormwater Drainage

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

Notes:

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

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

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

· Finished site contours at 0.2 metre intervals;

· The location of any detention basins/tanks with finished surface/invert levels;

· Confirmation that orifice plate/s have been installed and orifice size/s (if applicable);

· Volume of storage available in any detention areas;

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

· Details of any infiltration/absorption systems; and

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

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

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

Waste Management

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

86. The waste storage areas shall be clearly signposted.

Landscaping

87. Prior to any Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the CA, confirming the date that the completed landscaping was inspected, and that it has been installed substantially in accordance with the amended Landscape Plans by Sticks & Stones, dwg’s F102 & 104, rev A, dated 05.06.18, and any relevant conditions of consent.

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

OPERATIONAL CONDITIONS

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

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

Use of parking spaces

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

Management if parking on-site

90. A Strata Parking Management Plan must be developed and implemented for the development, which includes strategies and measures to ‘self-manage’ resident and visitor parking within the development.

Strategies and measures may include:

· Adoption of parking by-laws;

· Installation of suitable barriers, bollards, low-height fencing and gates;

· Installation of signage and notices;

· Intercom or key card systems;

· Security systems and security personnel;

· Enforcement processes and provisions to be implemented by the Owners Corporation/Strata Management

Fire Safety Statements

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

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

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

Environmental Amenity

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

Stormwater Detention/Infiltration System

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

Residential Parking Permits

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

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

GENERAL ADVISORY NOTES

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

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

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

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

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

§ An Accredited Certifier or Council has been appointed as the Principal Certifier for the development,

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

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

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

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

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

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

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

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

For further information please contact Council on 9093 6971.

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

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

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

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

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

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

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

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

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

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

A11 An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

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

A12 Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

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

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

A13 Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

A14 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.

A15 Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

Randwick Local Planning Panel meeting14 May 2020

Development Application Report No. D21/20

Subject: 13/20 Glebe Street, Randwick (DA/616/2019)

Proposal: Alterations and additions to the existing dwelling (Unit 13) including conversion of the semi-basement into a habitable space with associated internal and external alterations, landscaping and associated works.

Ward: North Ward

Applicant: Breakspear Architects

Owner: Mr P I Brownrigg, Ms J E Brownrigg & Ms D D Kielt

Cost of works: $79,960

Reason for referral: The development contravenes the development standard for floor space ratio by more than 10% and is subject to SEPP 65

Recommendation

A. That Randwick Local Planning Panel (RLPP), as the consent authority, support the variation to Clause 4.4 (Floor space ratio) of Randwick Local Environmental Plan 2012 (RLEP 2012) for DA/616/2019 under the provisions of Clause 4.6 (Exceptions to development standards). The concurrence of the Secretary of the Department of Planning, Industry and Environment may be assumed; and

B. That RLPP, as the consent authority, grant development consent to DA/616/2019 under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, subject to the conditions set out in Attachment 1.



	Subject Site

	Submissions received Ù North
	Locality Plan

1. Executive Summary

The application is referred to the Randwick Local Planning Panel (RLPP) as the development contravenes the development standard for floor space ratio by more than 10% subject to Randwick Local Environmental Plan 2012 (RLEP 2012) and State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65) applies to the development.

The proposal seeks development consent for alterations and additions to the existing dwelling (Unit 13) including conversion of the semi-basement into a habitable space with associated internal and external alterations, landscaping and associated works. Retrospective approval is also sought for use of the second bedroom, study and bathroom alterations on the ground floor entry level of the dwelling associated with unauthorised building works previously carried out within the dwelling. Subject to approval for the use of the converted areas, the unauthorised building works would be subject to a separate Building Information Certificate.

The proposed development is a redesign of an earlier proposal, DA/3/2018, which was refused by Randwick Local Planning Panel (RLPP) on 12 July 2018. The previous application was refused as the proposal did not demonstrate adequate compliance with controls relating to floor-to-ceiling heights, habitable room width and depth, bedroom size, natural ventilation, storage and private open space and was therefore considered to be inconsistent with the relevant objectives of SEPP 65 and the R3 Medium Density Residential zone. The Clause 4.6 variation in relation to non-compliance with the development standard for floor space ratio was not supported.

The current proposal has been amended to address the reasons for refusal and to conform with the approved development for the adjoining dwelling at Unit 14 under DA/4/2018, which was approved under review by RLPP on 13 December 2018. Those works have been completed and a final Occupation Certificate was issued on 27 September 2019.

The proposal was notified in accordance with Randwick Development Control Plan 2013 between 21 November and 5 December 2019 and no submissions were received.

The key issues associated with the proposal relate to non-compliance with the development standard for floor space ratio (FSR) and a number of principles from the Apartment Design Guide (ADG), which are largely as a result of the age and design of the existing residential flat building that predates current planning controls. The amended proposal does however achieve the objectives of the relevant ADG criteria, and a BASIX Certificate has been provided demonstrating that good thermal comfort will be achieved. The proposal represents a good adaptive reuse of an otherwise under utilised space that is provided with good northern and western sunlight within the existing envelope of the building that will greatly improve occupant amenity.

The proposed development contravenes the development standard for FSR under Clause 4.4 of the Randwick Local Environmental Plan 2012 (RLEP) by 27.5%. While the proposal seeks to technically reduce the existing FSR of the building, the existing building does not comply with the relevant standard and would continue to exceed the development standard by more than 10%. A request under Clause 4.6 for exception to a development standard has been submitted by the applicant which is considered to be well-founded in that the proposal is considered to be consistent with the objectives of the FSR development standard and the applicable R3 Medium Density Residential zone with regards to residential amenity and environmental needs.

Similarly, the dwelling does not comply with key design criteria as part of the ADG in relation to minimum ceiling height, bedroom size, storage and provision of private open space (POS) and balconies given the age of the existing residential flat building. An architectural design statement was submitted as part of the application verifying that the design would meet the intentions of the design quality principles of SEPP 65. The applicant has demonstrated that the proposal would improve the current level of amenity for occupants of the dwelling and be consistent with a conversion of the basement for the adjoining dwelling at Unit 14.

It is recommended that RLPP support the variation to the FSR development standard under Clause 4.6 of RLEP 2012 and approve the development subject to conditions set out in Attachment 1.

1. Site Description and Locality

The subject site is known as Unit 13/20 Glebe Street, Randwick and is legally described as Lot 13 within Strata Plan 95170. The site forms part of an existing strata titled four storey residential flat building (approved in 1941) comprising 14 units. The site at large is situated on the western side of Glebe Street opposite the intersection with Dick Street and is bound by a cul-de-sac to the north and Carrington Road to the south. The allotment is a slightly irregular trapezoidal shape with an area of 717sqm with a frontage to Glebe Street (to the east) of 16.6m, a northern side boundary of 49.66m, southern side boundary of 51.55m and rear western boundary of 12.9m. The topography of the site slopes from the front of the site to the rear by approximately 6m.

Unit 13 is located at the rear of the building with a dual-aspect to the north and west. The dwelling currently comprises of a two bedroom unit (following unauthorised building work) and a basement area is situated beneath the dwelling with separate access from the rear of the site, which forms part of the strata lot of Unit 13. The basement area is currently used for storage however Council’s records system indicate that this area was originally approved as a garage. An area of open space for exclusive use by the occupants of Unit 13 is situated directly adjacent to the entry to the basement area. This area is not allocated to Unit 13 as per the approved plan, however it is allocated for the exclusive use of Unit 13 as part of the strata bylaws and associated strata bylaw plan. The private open space comprises a cement area as well as a grassed area, and is enclosed by 1.8m high timber fencing. The communal open space beyond this area is comprised of a mixture of grassed, gravel and landscaped area with a number of trees. A garbage store area is also situated along the rear of the southern boundary. The dwelling is accessed via a decked pedestrian entryway along the southern side of the site from Glebe Street. No on-site parking is provided for the site.

The site does not contain a heritage item and is not situated within a heritage conservation area, however it is situated within the vicinity of items of local significance which are addressed below.

Image 1: View of the existing residential flat building from Glebe Street.

Image 2: View of the adjoining property to the south fronting Glebe Street at 24 Glebe Street.

Image 3: View of the adjoining property to the north fronting Glebe Street at 18 Glebe Street.

Image 4: View of the northern building façade and semi-basement area where works are proposed.

Image 5: View of the rear private open space area allocated to Unit 13 and 1.8m high perimeter fencing currently in place.

Image 6: View of the adjoining rear private open space at Unit 14 approved under DA/4/2018 with 1.8m high perimeter fencing currently in place. The approved 1.2m high fencing has not been installed in accordance with the approved consent.

Image 7: View of the communal open space at the rear of the site.

2. Relevant History

The following applications are relevant to the proposed development:

· Building Application BA/389/1941 for construction of the existing residential flat building comprising seven (7) units was approved on 14 June 1941;

· Building Application BA/468/1947 for the addition of eight (8) flats to the existing residential flat building to provide 15 flats was approved on 1 September 1947;

· Building Application BA/714/1950 for additions to the residential flat building was approved on 3 1 January 1950.

The existing building comprises 14 units (eight (8) x 1 bedroom and six (6) x 2 bedroom units), with 1 bedroom units all located at the rear of the site. The original approved drawings shows a WC within the basement level, with direct access to the adjacent ground level (beneath adjacent Unit 13) comprising a laundry. It is expected that this was a common area. It is not clear whether the western section of the basement was approved for parking, however considering the driveway access and width of the western opening it is expected parking was provided.

Image 8: Original approved basement plan

· Complying Development Certificate CDC/311/2016 for alterations and additions and a fire upgrade to the existing building was approved by a private certifier, Private Building Certifiers, on 10 November 2016 and the final Occupation Certificate was issued on 5 May 2017. As part of the development, a decked pedestrian access pathway from Glebe Street was constructed down the southern boundary effectively making the existing driveway redundant.

Image 9: The decked pedestrian access pathway from Glebe Street.

· Development Application DA/886/2016 for strata subdivision of existing residential flat building into 14 lots was approved by Council on 20 February 2017. Conditions were provided requiring removal of the redundant vehicular crossover. The approved strata plans showed the basement level as a “storeroom”. The communal area being used as private open space was not approved as part of Pt 14.

Image 10: Approved basement strata plan for DA/886/2016.

· A subsequent modification application, DA/886/2016/A, seeking to delete Condition 2a relating to the submission of an acoustic report for the existing dwelling was refused by Council on 31 May 2017.

· Subdivision Certificate SC/22/2017 for strata subdivision into 14 lots was approved by a private certifier (A Allen Consulting Surveyors) on 21 June 2017.

· Development Application DA/3/2018 for alterations and additions to the existing dwelling (Unit 13) including conversion of the associated storage area underneath Unit 13 into a living area was refused by RLPP on 12 July 2018.

The development was refused for the following reasons:

1. The proposal deals only with alterations and additions to a dwelling, rather than alterations to a residential flat building. The later requires consideration of other matters not addressed in the development application including but not limited to the Apartment Design Guide requirements, and functional communal open space.

2. As noted in the public meeting the use of the communal open space for the adjoining proposed basement conversion is not part of this development application and therefore cannot be considered.

The current proposal involves modifications to the refused design to address the reasons for refusal above, in-line with the RLPP approval for similar works to the adjoining unit.

3. Proposal

The application seeks consent for alterations and additions to the existing dwelling (Unit 13) including conversion of the semi-basement into a habitable space with associated internal and external alterations, landscaping and associated works. Retrospective approval is also sought for use of the second bedroom, study and bathroom alterations on the ground floor entry level of the dwelling following unauthorised building works previously being carried out within the dwelling.

Building works proposed include:

· Installation of an internal stair to connect the existing ground floor entry level and basement area beneath.

· Conversion and fit-out of the 42sqm basement area beneath the dwelling currently used for storage to a habitable space to provide an open plan living, dining-kitchen area and separate bathroom and laundry.

· External building works to the basement level include three (3) additional windows and one (1) enlarged window along the northern elevation and replacement glass bi-fold door to the basement entry on the western elevation.

· Re-paving of the terrace area within the private open space area and provision of a 1.2m high perimeter fence with associated landscaping.

Image 11: Proposed ground floor entry level alterations (shown in red) and works already carried out to which retrospective approval for use is sought (shown in blue).

Image 12: Proposed basement alterations (shown in red).

Image 13: Proposed alterations (shown in red) to both ground and basement levels as well as building works previously undertaken within the dwelling (shown in blue).

Image 14: Proposed northern façade alterations at the basement level (shown in red).

Image 15: Proposed western elevation façade alterations at the basement level (shown in red).

4. Notification

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with Randwick Development Control Plan 2013. No submissions were received as a result of the notification process.

5. Relevant Environmental Planning Instruments

5.1 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65)

The State Environmental Planning Policy No. 65 — Design Quality of Residential Apartment Development (SEPP 65) aims to promote quality design of residential flat buildings. The proposed development is subject to SEPP 65 as it involves an existing approved four storey residential flat buildings with 14 units with alterations proposed to Unit 13.

The DA was not referred to the Design Excellence Panel (DEP) for advice concerning the design quality of the development given that the majority of works are internal with only minor external works proposed. The proposal has been assessed against the design quality principles within SEPP 65 below and the associated Apartment Design Guide (ADG) in Appendix 3.

Clause 30 of SEPP 65 provides standards that cannot be used as grounds to refuse development consent, which include:

(1) If an application for the modification of a development consent or a development application for the carrying out of development to which this Policy applies satisfies the following design criteria, the consent authority must not refuse the application because of those matters:

(a) if the car parking for the building will be equal to, or greater than, the recommended minimum amount of car parking specified in Part 3J of the Apartment Design Guide,

Planning comment: Car parking is not provided on site for the existing building. The proposal which includes use of an additional bedroom created by unauthorised building works and alterations to the existing unit to convert the basement to a habitable space would not result in detrimental impacts to on-street parking given the existing parking situation and inability for the site to provide parking. There is not expected to be significant additional parking demand as a result of the proposal which is supported by Council’s Development Engineer (refer to Appendix 1).

(b) if the internal area for each apartment will be equal to, or greater than, the recommended minimum internal area for the relevant apartment type specified in Part 4D of the Apartment Design Guide,

Planning comment: The internal area of the unit would exceed the minimum requirements for a two bedroom apartment with two (2) bathrooms and two (2) bathrooms. A condition of consent has been imposed to ensure certainty for the development that there will only be a maximum of two (2) bedrooms arising from the development and that the study is not converted to a third bedroom without prior consent of Council. It is noted that the study is open on one side and cannot therefore be reasonably used as a bedroom.

(c) if the ceiling heights for the building will be equal to, or greater than, the recommended minimum ceiling heights specified in Part 4C of the Apartment Design Guide.

Note. The Building Code of Australia specifies minimum ceiling heights for residential flat buildings.

Planning comment: The ceiling height for the proposed basement area living rooms is 2.4m which does not comply with the minimum ceiling height for a habitable room as required by the ADG (2.7m). The proposal involves conversion of an existing basement area and given that the 2.4m floor-to-ceiling height complies with the BCA requirements for a habitable space the proposal is considered to be acceptable given the measures to provide light and ventilation to the basement habitable rooms which forms part of the proposal

(2) Development consent must not be granted if, in the opinion of the consent authority, the development or modification does not demonstrate that adequate regard has been given to:

(a) the design quality principles, and

(b) the objectives specified in the Apartment Design Guide for the relevant design criteria.

Planning comment: The design quality principles and the design criteria specified in the ADG have been assessed within this report. Adequate regard has been given to the principles and the objectives and design criteria as part of the ADG.

(3) To remove doubt:

(a) subclause (1) does not prevent a consent authority from refusing an application in relation to a matter not specified in subclause (1), including on the basis of subclause (2), and

(b) the design criteria specified in subclause (1) are standards to which section 79C (2) of the Act applies.

Clause 28(2) of the SEPP requires the consent authority to take into consideration the design quality of the development when evaluated in accordance with the design quality principles, and the Apartment Design Guide which is considered within this report and addressed in detail within Appendix 3.

Schedule 1 Design Quality Principles

Principle 1: Context and Neighbourhood Context

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well-designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

Planning comment: The subject site is within an established residential area characterised by older-style residential flat buildings to the north, south and west as part of the R3 Medium Density Residential zone, and by single dwellings to the east as part of the R3 Medium Density Residential zone.

The proposed development does not seek to modify the existing building envelope, only proposing minor external alterations that would not impact on residential amenity of surrounding development. The proposal would continue the existing residential use of the site. The proposal is considered to satisfy the relevant objectives of the R3 Medium Density Residential zone relating to the protection of residential amenity and therefore the desired future character of the zone.

Principle 2: Built Form and Scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

Planning comment: Given that there are no changes made to the built form and scale of the existing building, the amended proposal would not impact on the existing or future character of the street and surround buildings. The proposal would maintain the status quo in relation to the relationship with the surrounding developments and the external presentation of the existing building.

Principle 3: Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

Appropriate densities are consistent with the area’s existing or projected population.

Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

Planning comment: As noted previously, the proposal would not alter the existing built form and the design has included measures to improve solar access, privacy, storage, light and ventilation to the basement area for future occupants. The proposal would not generate any unreasonable additional overlooking or general loss of amenity to the site subject to conditions to ensure the provision of on-site amenities such as communal private open space within the rear garden to the rear will continue to be maintained and available for all occupants of the building at large.

Principle 4: Sustainability

Good design combines positive environmental, social and economic outcomes.

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

Planning comment: The proposal provides a design that will convert the underutilised basement for habitable purposes which will provide additional space and amenity for the occupants of Unit 13.

Principle 5: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well-designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

Good landscape design optimises usability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

Planning comment: No changes to existing site landscaping is proposed. Despite this, it is noted that the private open space is not part of the strata lots. The proposed 1.2m high perimeter fencing, size and width of the private open space is consistent with that approved for the adjoining unit, Unit 14, which will ensure that equitable access to the communal open space at the rear of the site for all building occupants will continue to be provided. A condition requiring provision of a landscape plan is included as part of the consent.

The provision of a better landscaped area and communal open space to the rear of the building would enhance the existing communal open space to the rear of the building and will provide better amenity for the occupants of the unit where no existing private open space or balcony is provided as required for new units under the ADG.

Principle 6: Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident wellbeing.

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

Planning comment: The proposal would provide acceptable amenity to occupants in relation to floor-to-ceiling height, room sizes, light and ventilation, storage and open space particularly with the conversion of the existing basement storage area to habitable space and provision of private open space for occupants.

Principle 7: Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well-lit and visible areas that are easily maintained and appropriate to the location and purpose.

Planning comment: The proposal would maintain safety and security to the site and will ensure that the relationship between private and communal open space is fit for the intended purpose. The proposal would not alter access to the existing building or affect existing built environment crime prevention measures or natural surveillance.

Principle 8: Housing Diversity and Social Interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

Well-designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

Planning comment: The proposal would continue to ensure that a well-designed residential dwelling is provided which adds to the mix of apartments within the surrounding area. The development includes retrospective approval for unauthorised building works which have converted the existing one bedroom unit to two bedrooms. An appropriate unit mix would continue to be provided within the existing building.

Principle 9: Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures.

The visual appearance of a well-designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

Planning comment: No changes to the existing building envelope is proposed that would impact on the character or appearance of the streetscape.

A detailed assessment of the proposal against the design criteria within the ADG is contained within Appendix 3.

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (SEPP: BASIX)_ requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and SEPP BASIX.

A satisfactory BASIX Certificate was submitted with the application.

6.3 Randwick Local Environmental Plan 2012 (RLEP 2012)

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

The proposal is consistent with the relevant objectives of the zone in that the proposal will continue to provide for the housing needs of the community and a variety of housing types within a medium density residential environment and protect the amenity of residents. Given that no changes to the existing dwelling would be visible from the streetscape, the proposal would not alter the existing contribution of the building to the desired future character of the area. The development would not limit the amount of existing housing units within the existing building therefore the building at large would continue to encourage housing affordability.

The following development standards contained in the RLEP 2012 apply to the proposal:

Description

Development Standard

Proposed

Compliance

Clause 4.6 Floor Space Ratio (Maximum)

0.9:1 (645.75m²)

1.144:1 (823.4m²)

The non-compliance with the development standard is discussed in Section 7 below.

Clause 5.10 Heritage Conservation

The subject site is not identified as a heritage item or situated within a heritage conservation area however it is situated within the vicinity of a number of items of local significance:

· Item No. I352 “Federation residence” situated at 1 Dick Street, Randwick (Lot 4, DP 315059) which is identified as an item of local significance within Part 1, Schedule 5 of RLEP 2012; and

· Item C20 “Caerleon Crescent” which is identified as an item of local significance within Part 2, Schedule 5, RLEP 2012.

Image 16: Extract of Heritage Map 6, RLEP 2012 identifying the subject site and surrounds

Given the location, visual separation and extent of building works and continuation of residential use of the existing dwelling, the proposed development is unlikely to result in any adverse impacts on the fabric, settings or views to or from these items. Accordingly, the proposal satisfies the relevant objectives for heritage conservation.

7 Clause 4.6 – Exception to Development Standards

The proposal seeks to vary a development standard contained within RLEP 2012. A Clause 4.6 variation statement has been submitted with the application which is contained within Appendix 2.

Pursuant to Clause 4.4 of RLEP 2012, the floor space ratio must not be more than 0.9:1 on the site. A floor space ratio of 1.144:1 is proposed.

The proposed variation is summarised in the table below:

Development Standard	0.9:1 (645.7m²)
Existing FSR	1.151:1 (826m²including the basement storage)
Proposed FSR subject to DA/616/2019	1.144:1 (823.4m²)
Exceedance of the Development Standard	Existing = 28.8% Proposed = 27.5% (1.3% reduction)

In summary of the Clause 4.6 variation assessment below, the proposed non-compliant floor space would represent a reduction in the existing floor space ratio for the building at large and the proposed changes would not alter the existing bulk and scale of the existing building or presentation to the streetscape. The proposal would also improve existing compliance with the objectives and design criteria of the ADG.

Clause 4.6 of RLEP 2012: Exception to a Development Standard relevantly states:

3. Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

4. Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by sub-clause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Secretary has been obtained.

In Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ summarised the matters in Clause 4.6(4) that must be addressed before consent can be granted to a development that contravenes a development standard.

1. The applicant’s written request has adequately demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 reinforces his previous decision In Wehbe v Pittwater Council [2007] NSWLEC 827 where he identified five commonly invoked ways of establishing that compliance with a development standard is unreasonable or unnecessary in the circumstances of the case. The most common is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

2. The applicant’s written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 reinforces the previous decision in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 regarding how to determine whether ‘the applicant’s written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard’.

The grounds relied on by the applicant in their written request must be “environmental planning grounds” by their nature. Chief Justice Preston at [23] notes the adjectival phrase “environmental planning” is not defined but would refer to grounds that relate to the subject matter, scope and purpose of the EPA Act, including the objects in Section 1.3 of the EPA Act.

Chief Justice Preston at [24] notes that there here are two respects in which the written request needs to be “sufficient”.

1. The written request must focus on the aspect or element of the development that contravenes the development standard, not the development as a whole (i.e. The written request must justify the contravention of the development standard, not simply promote the benefits of carrying out the development as a whole); and

2. The written request must demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard. In Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 at [31] Judge Pain confirmed that the term ‘sufficient’ did not suggest a low bar, rather on the contrary, the written report must address sufficient environmental planning grounds to satisfy the consent authority.

3. The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 at [27] notes that the matter in Clause 4.6(4)(a)(ii), with which the consent authority must be satisfied, is not merely that the proposed development will be in the public interest but that it will be in the public interest because it is consistent with the objectives of the development standard and the objectives for development of the zone in which the development is proposed to be carried out.

It is the proposed development’s consistency with the objectives of the development standard and the objectives of the zone that make the proposed development in the public interest.

If the proposed development is inconsistent with either the objectives of the development standard or the objectives of the zone or both, the consent authority, cannot be satisfied that the development will be in the public interest for the purposes of Clause 4.6(4)(a)(ii).

4. The concurrence of the Secretary has been obtained.

Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 at [28] notes that the other precondition in cl 4.6(4) that must be satisfied before consent can be granted is whether the concurrence of the Secretary has been obtained (Clause 4.6(4)(b)). In accordance with Clause 4.6(5), in deciding whether to grant concurrence, the Secretary must consider:

(a) whether contravention of the development standard raises any matter of significance for state or regional environmental planning, and

(b) the public benefit of maintaining the development standard

Under Clause 64 of the Environmental Planning and Assessment Regulation 2000, the Secretary has given written notice dated 21 February 2018, attached to the Planning Circular PS 18-003 issued on 21 February 2018, to each consent authority, that it may assume the Secretary’s concurrence for exceptions to development standards in respect of applications made under Clause 4.6 (subject to the conditions in the notice).

The approach to determining a clause 4.6 request as summarised by Preston CJ in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, has been used in the following assessment of whether the matters in Clause 4.6(4) have been satisfied for each contravention of a development standard.

7.1 Exception to Clause 4.4 Floor Space Ratio (FSR) development standard

The applicant’s written justification for the departure from the floor space ratio standard is contained in Appendix 2.

1. Has the applicant’s written request adequately demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

The applicant’s written request seeks to justify the contravention of the floor space ratio standard by demonstrating that compliance is unreasonable or unnecessary in the circumstances of the case because the relevant objectives of the standard are still achieved.

The objectives of the floor space ratio standard are set out in Clause 4.4(1) of RLEP 2012. The applicant has addressed each of the objectives as follows:

(a) to ensure that the size and scale of development is compatible with the desired future character of the locality,

The applicant’s written justification demonstrates that this objective is satisfied by noting that:

· the proposal would reduce the overall FSR for the existing building;

· scale, envelope and setbacks of the existing building would remain unchanged so as to maintain the existing and desired future character.

(b) to ensure that buildings are well articulated and respond to environmental and energy needs,

The applicant’s written justification reinforces that the majority of proposed works are internal and that the proposed external works to provide additional windows and doors to the basement area would provide solar access and ventilation so as to provide a better response to environmental and energy.

(c) to ensure that development is compatible with the scale and character of contributory buildings in a conservation area or near a heritage item,

The applicant’s written justification states that the subject site is not situated within a conservation area or near a heritage item.

(d) To ensure that development does not adversely impact on the amenity of adjoining and neighbouring lands in terms of visual bulk, loss of privacy, overshadowing and views.

The applicant’s written justification states that the proposal would not give rise to adverse impacts on neighbouring properties or result in visual bulk, loss of privacy or overshadowing.

2. Has the applicant’s written request adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard?

The applicant’s written request seeks to demonstrate that there are sufficient environmental planning grounds to justify contravening the floor space ratio development standard as follows:

· The proposal would reduce the overall FSR of the existing building;

· The proposal would be consistent with the objectives of the zone;

· The proposal would not alter the size and scale of the existing building which would remain compatible with the existing and desired future character;

· The proposal would improve amenity and compliance with the objectives and design criteria of the ADG.

Assessing officer’s comment: In conclusion, the applicant’s written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

3. Will the proposed development be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?

To determine whether the proposal will be in the public interest, an assessment against the objectives of the floor space ratio standard and the R3 Medium Density Residential zone is provided below:

Assessment against objectives of the floor space ratio standard

For the reasons outlined in the applicant’s written request, the development is consistent with the objectives of the floor space ratio standard. In addition, it is noted that:

· the proposal would reduce the overall FSR for the existing building;

· the scale, envelope and setbacks of the existing building would remain unchanged by the development. The proposal would therefore maintain the existing and desired future character;

· the majority of proposed works are internal and that the proposed external works to provide additional windows and doors to the basement area would provide solar access and ventilation so as to provide a better response to environmental and energy needs;

· the proposal would not give rise to adverse impacts on neighbouring properties or result in visual bulk, loss of privacy or overshadowing.

Assessment against objectives of the R3 Medium Density Residential zone

The objectives of R3 zone are as follows:

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

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

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

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

• To protect the amenity of residents.

• To encourage housing affordability.

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

Assessing officer’s comment: The proposal would continue to provide for the housing needs of the community by retaining the existing residential use and availability of units of varying sizes within the existing building. The proposal would not alter the presentation or character of the existing building from the streetscape with only minor external alterations proposed to the basement area at the rear of the site. The proposal would improve residential amenity for the occupants through the alterations sought as part of the application.

In consideration of the above, it is considered that the proposal would be consistent with the objectives of the floor space ratio standard and the R3 zone and the development would therefore be considered to be in the public interest.

4. Has the concurrence of the Secretary been obtained?

In assuming the concurrence of the Secretary of the Department of Planning and Environment the matters in Clause 4.6(5) have been considered:

Does contravention of the development standard raise any matter of significance for state or regional environmental planning?

The proposed development and variation from the development standard does not raise any matters of significance for state or regional environmental planning.

Is there public benefit from maintaining the development standard?

Variation of the floor space ratio standard will allow for the orderly use of the site and there is no public benefit in maintaining the development standard in this instance.

Conclusion

On the basis of the above assessment, it is considered that the requirements of Clause 4.6(4) have been satisfied and that development consent may be granted for development that contravenes the floor space ratio standard.

8. Randwick Comprehensive Development Control Plan 2013 (RDCP 2013)

Clause 6 of SEPP 65 refers to Parts 3 and 4 of the ADG and requires:

(1) This clause applies in respect of the objectives, design criteria and design guidance set out in Parts 3 and 4 of the Apartment Design Guide for the following:

(a) visual privacy,

(b) solar and daylight access,

(c) common circulation and spaces,

(d) apartment size and layout,

(e) ceiling heights,

(f) private open space and balconies,

(g) natural ventilation,

(h) storage.

(2) If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect.

(3) This clause applies regardless of when the development control plan was made.

Therefore, where the RDCP provides controls in relation to (1), refer to the planning assessment against these criteria as part of the ADG assessment further above and within Appendices 3 and 4.

The DCP Compliance Table within Appendix 4 demonstrates that the proposal complies with the majority of controls with the except of those relating to sun shading devices, visual privacy and open space given the lack of detail provided within the application and these matters have been addressed via conditions of consent.

9. Environmental Assessment

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

Section 4.15 ‘Matters for Consideration’	Comments
Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument	The site is zoned R3 Medium Density Residential under Randwick Local Environmental Plan 2012 (RLEP 2012) and the development satisfies the objectives of the zone and SEPP 65 as addressed within this report.
Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument	N/A.
Section 4.15(1)(a)(iii) – Provisions of any development control plan	The proposal generally satisfies the objectives and controls of the (RDCP 2013) where relevant.
Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement	N/A.
Section 4.15(1)(a)(iv) – Provisions of the regulations	The relevant clauses of the Regulations have been satisfied.
Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality	The environmental impacts of the proposed development on the natural and built environment have been addressed in this report. The proposed development is consistent with the dominant character in the locality. The proposal will not result in detrimental social or economic impacts on the locality.
Section 4.15(1)(c) – The suitability of the site for the development	The site is located in close proximity to local services and public transport. The proposed development would continue the existing residential use which is permissible in the R3 zone and there are no salient site or contextual features which would make the site unsuitable for the development. The site is therefore considered to be suitable for the proposed development.
Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation	No submissions have been received.
Section 4.15(1)(e) – The public interest	The proposal is consistent with the objectives of the zone and would 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.

10. Key Issues

Amendments to the previous proposal

The current proposal involves modifications to the previous development application DA/3/2018 for alterations and additions to the existing dwelling (Unit 13) including conversion of the associated storage area underneath Unit 13 into a living area which was refused by RLPP on 12 July 2018.

The development was refused for the reasons outlined below which have subsequently been addressed by the applicant:

Planning comment: The current application has addressed the relevant provisions within SEPP 65 which relate to alterations to an existing residential flat building. The existing non-compliances in relation to floor-to-ceiling height, habitable room width and depth, natural ventilation, bedroom size and storage and provision of private open space as well as use of the enclosed study as a third bedroom have been addressed via the amended proposal. The application has addressed the principles within the ADG to ensure that sufficient residential amenity is provided to occupants by providing additional windows and internal reconfiguration in the current design and providing private open space from a living room which was not previously available to the dwelling without impeding access to the communal open space by occupants of the building at large.

The inconsistency with the objectives of the R3 Medium Density Residential zone in the previous proposal has been addressed by the design amendments to address the relevant planning controls outlined above. A Clause 4.6 variation statement accompanies the application addressing the relevant objectives for the standard within RLEP 2013 and the R3 Medium Density zone.

2. As noted in the public meeting the use of the communal open space for the adjoining proposed basement conversion is not part of this development application and therefore cannot be considered.

The use of the communal open space does not form part of the subject application.

Non-compliance with the principles from the Apartment Design Guide (ADG)

The amended proposal achieves the objectives of the relevant ADG criteria and a BASIX Certificate has been provided demonstrating that good thermal comfort would be achieved. The proposal represents a good adaptive reuse of an otherwise under utilised space that is provided with good northern and western sunlight within the existing envelope of the building that will greatly improve occupant amenity. As noted above, the amended proposal has addressed previous non-compliances with the relevant planning provisions and would improve the current level of amenity for occupants of the dwelling. In addition, the proposal would be consistent with a conversion of the basement for the adjoining dwelling at Unit 14 under DA/4/2018 (as modified) and has been modified in accordance with that approval.

Non-compliance with the development standard for floor space ratio (FSR)

The subject application has addressed the relevant provisions with RLEP 2012 in relation to the proposed variation to the development standard for floor space ratio with a statement providing adequate justification of the proposal within the relevant historical context in relation to use and construction of the existing residential flat building to which the application relates. The application and accompanying statement provides additional justification for the proposed development.

11. Conclusion

That the application for alterations and additions to the existing dwelling (Unit 13) including conversion of the semi-basement into a habitable space with associated internal and external alterations, landscaping and associated works be approved (subject to conditions) for the following reasons:

1) The proposal is consistent with the objectives of the R3 Medium Density Residential zone contained within the RLEP 2012 and the relevant requirements of the RDCP 2013.

2) The proposal is in accordance with the design quality principles of SEPP 65 and relevant criteria and objectives of the associated Apartment Design Guide.

3) Pursuant to the provisions of Clause 4.6 of Randwick Local Environmental Plan 2012, the written submission in relation to the variation to Clause 4.4 FSR satisfies the relevant provisions of Clause 4.6 and is therefore supported.

4) The proposed development will improve residential amenity for the existing apartment whilst not impacting the amenity of neighbouring properties.

Appendix 1: Referrals

Development Engineer

The application was reviewed by Council’s Development Engineer, and the following comments were provided:

General Comments

There was a previous Development Application DA/03/2018 for similar works to Unit 13 which was refused. Development Engineering has no objection to this proposal, DA/616/2019, as per the previous proposal DA/3/2018. The Development Engineering comments for this DA are the same as those previously provided for DA/3/2018.

Parking Comments

There is currently no off-street parking provided on the site.

The development approvals for the building (being BA/389/1941 and BA/468/1947) are now over 70yrs old and originally approved the basement area as a garage. As part of the more recent development approval for strata subdivision (being DA/886/2016) it was recognised that the existing driveway did not comply with current Australian standards and the garages had not been used for parking for many years. Hence it was required that the existing vehicle crossing and layback on Council’s Glebe St verge be removed and replaced with kerb & gutter thereby returning this area to on-street parking and providing a public benefit. In addition, the former internal driveway was converted to a timber access walkway under CDC/311/2016

The current application now proposes to convert the former garage to a new lounge and kitchen area while the existing lounge & kitchen area on the floor above will become a new bedroom & study. Under Part B7 of Council’s DCP the parking demand generated by the unit will increase from 1 space (for the existing one bedroom unit) to 1.2 spaces (for new two bedroom and study). The increase of 0.2 spaces is a very minor increase and with the approved conversion of the driveway to a timber walkway and the removal of vehicle crossing, there is no scope to provide additional off-street parking.

It should also be noted that a similar application was lodged for the unit next door (Unit 14) under DA/4/2018 and was subsequently approved. Should this DA (DA/616/19) be approved then the parking demand on the site, in conjunction with DA/4/218, will increase by 0.4 spaces (two (2) x 0.2) which is relatively minor and not expected to significantly impact on on-street parking demand. The recent provision of the additional on-street space as part of the works for DA/886/2010 could be argued to address the extra demand.

Strata Comments

A strata scheme under SP 95170 is now operating on the site as approved under DA/886/2010. As the former garaged spaces (depicted as storage on SP 95170), already form part of the strata lot above new strata plans will not need to be prepared for the site and no strata conditions are required.

Conclusion

Should the application be approved there are no engineering conditions required to be included by Development Engineering.

Appendix 2: Clause 4.6 Variation Statement

Appendix 3: Apartment Design Guide

Clause 28 of SEPP 65 requires the consent authority to consider the ADG. The following table provides and assessment against the design criteria of the ADG:

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

ADG - Design Criteria

Proposal

Complies

Communal and Public Open Space

Communal open space has a minimum area equal to 25% of the site (179.3sqm).

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

The proposal would reduce the communal private open space to the rear to approx. 128sqm by way of separating communal and private open space for Unit 13. This is however consistent with the RLPP approval for the adjoining unit, with the remaining communal open space being suitable to serve the building.

No however variation is supported.

Deep Soil Zones

Deep soil zones are to meet the following minimum requirements:

Site Area	Minimum Dimension	Deep Soil Zone (% of site area)
650m²– 1,500m²	3m	7% (55.76m²)

The proposal includes repaving of the existing concrete patio area with an area of 22.5sqm. An area of 138.36sqm (19% of the site) would continue to be provided for deep soil outside the private open spaces for Unit 13 and 14.

Yes

Visual Privacy

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

Building Height	Habitable Rooms and Balconies	Non-habitable rooms
Up to 12m (4 storeys)	6m	3m
Up to 25m (5-8 storeys)	9m	4.5m

No changes to the existing building separation (3m to the northern side boundary) is proposed. Northern elevation windows at the ground floor entry level are not proposed to change and would service a bedroom (Bedroom 2), a study and bathroom. The bathroom would be obscure glazed and the bedroom and study are less intensify uses that would not result in adverse privacy impacts. These rooms are also likely to be screened by curtains and the like while in use.

Proposed windows to the semi-basement level area would be attached to main living rooms and bathroom. The window to the bathroom would be obscure glazed and an external louvre is proposed to the rearmost lounge room window. Given the ability to overlook and be overlooked into the remaining living rooms, privacy screening should be provided to the remaining windows which has been conditioned.

Yes (conditioned regarding external privacy measures to new windows to the basement area)

Solar Access and Daylight

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

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

Existing Unit 13 is provided with additional north and west-facing windows that will improve solar access to the overall building. A shading device has been conditioned to the rear facing bi-fold doors attached to the semi-basement level living rooms given the westerly orientation.

Yes (conditioned regarding shading devices).

Natural Ventilation

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

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

Cross-over apartment

cross ventilating apartment with two opposite aspects and with a change in level between one side of the building and the other

Cross-through apartment

cross ventilating apartment on one level with two opposite aspects

Windows are proposed along the northern and western elevations to provide adequate cross ventilation to the basement.

Yes

Ceiling Height

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

· Habitable Rooms – 2.7m

· Non-habitable rooms – 2.4m

Floor to ceiling heights for the habitable room is 2.4m, which does not comply however the floor-to-ceiling height complies with the BCA as discussed further within this report.

No however considered to be acceptable given that the proposal relates to an existing basement conversion and the provision of windows for light and ventilation.

Apartment Layout

Apartments are required to have the following minimum internal areas:

· Studio - 35m2

· 1 Bedroom - 50m2

· 2 Bedroom - 70m2

· 3 Bedroom - 90m2

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

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

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

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

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

· 3.6m for studio and 1 bedroom apartments

· 4m for 2 and 3 bedroom apartments

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

75m² required for a two bedroom apartment with two bedrooms and two (2) bathrooms with 86m² provided.

New and enlarged windows and doors are proposed to the northern and western basement elevations to ensure compliance.

Bedroom 1 and Bedroom 2 comply with the minimum size requirements.

Both Bedroom 1 and Bedroom 2 do not comply with the minimum 3m dimension with 2.79m and 2.84m provided.

The combined living/dining room does not comply with the minimum 4m dimension with 3.84m provided.

Yes

No, however non-compliance is considered to be acceptable given that the dwelling relates to an older-style residential flat building and minimum room sizes and windows for light and ventilation are provided. The additional windows and provision of a larger living room to serve the unit will greatly improve residential amenity.

Environmental Performance

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

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

The proposed combine living/dining room exceeds the 8m depth requirement.

No, however the living/dining room is provided with windows along the northern building elevation for acceptable light and ventilation.

Open Space

All apartments are required to have primary balconies as follows:

· Studio - 4m2

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

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

· 3+ bedroom apartments – 12m² (minimum depth of 2.4m)

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

The existing units on the site do not have private open space and the proposal would provide a private open space area adjacent to the basement level.

Unit 13 would be provided with a private open space of 22.5sqm. The design of the rear private open space area for exclusive use of unit 13 connects with the adjoining communal open space by provision of a 1.2m high perimeter fence and associated landscaping. A gate for connection with the communal open space is also provided. The proposed fencing would replace the existing 1.8m high perimeter fencing that has been installed at the rear of the site.

Yes

Common Circulation Space

The maximum number of apartments off a circulation core on a single level is eight (8).

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

No changes to common circulation is proposed.

N/A

Storage

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

· Studio - 4m³

· 1 Bedroom - 6m³

· 2 Bedroom - 8m³

· 3 Bedroom - 10m³

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

Storage is proposed within the stair however a condition has been included to ensure that 8m³ is indicated on the plans for the Construction Certificate as ample storage can be accommodated throughout the dwelling to meet the minimum requirement.

Yes (conditioned regarding storage spaces shown on plans for construction)

Appendix 4: Randwick Comprehensive Development Control Plan 2013 (RDCP 2013)

The relevant provisions of the DCP are addressed below.

DCP Clause	Control	Proposal	Compliance (Yes/No/NA/ Conditioned)
B7	Transport, Traffic, Parking and Access
3.	Parking & Service Delivery Requirements
	Car parking requirements: · 1space per 2 studios · 1 space per 1-bedroom unit (over 40m2) · 1.2 spaces per 2-bedroom unit · 1.5 spaces per 3- or more bedroom unit · 1 visitor space per 4 dwellings Motor cycle requirements: · 5% of car parking requirement.	Council’s Development Engineer has assessed parking demand and concluded that the internal alterations and use would require 0.3 additional parking spaces which would not result in significant impact to on street parking.	Refer to Referrals section below
C2	Medium Density Residential
2	Site Planning
2.3	Private and communal open space
2.3.1	Private open space
	Private open space is to be: (i) Directly accessible from the living area of the dwelling. (ii) Open to a northerly aspect where possible so as to maximise solar access. (iii) Be designed to provide adequate privacy for residents and where possible can also contribute to passive surveillance of common areas.	The proposal includes the provision of private open space for Unit 13 with dimensions 5m x 4.5m (22.5sqm) which complies with the ADG requirement.	Yes however a condition will be included requiring submission of a landscape plan for approval by Council to ensure that the private open space integrates with the communal open space directly adjoining the proposed private open space.
3	Building Envelope
3.1	Floor space ratio
	0.9:1	1.151:1 (826m²)	No – Refer to detailed assessment.
3.2	Building height
	12m	No changes are proposed to the existing building height.	N/A
4	Building Design
4.1	Building façade
	(i) Buildings must be designed to address all street and laneway frontages. (ii) Buildings must be oriented so that the front wall alignments are parallel with the street property boundary or the street layout. (iii) Articulate facades to reflect the function of the building, present a human scale, and contribute to the proportions and visual character of the street. (iv) Avoid massive or continuous unrelieved blank walls. This may be achieved by dividing building elevations into sections, bays or modules of not more than 10m in length, and stagger the wall planes. (vi) Conceal building services and pipes within the balcony slabs.	The additional windows in the northern façade and glazed doors to the western facade will contribute to the articulation of the building.	Yes
4.7	Apartment layout
	(i) Maximise opportunities for natural lighting and ventilation through the following measures: - Providing corner, cross-over, cross-through and double-height maisonette / loft apartments. - Limiting the depth of single aspect apartments to a maximum of 6m. - Providing windows or skylights to kitchen, bathroom and laundry areas where possible. Providing at least 1 openable window (excluding skylight) opening to outdoor areas for all habitable rooms and limiting the use of borrowed light and ventilation.	The proposed development complies with the apartment layout design criteria provided by the ADG.	Refer to ADG assessment at Appendix 3.
	(ii) Design apartment layouts to accommodate flexible use of rooms and a variety of furniture arrangements.	The proposed development complies with the apartment layout design criteria provided by the ADG.	Refer to ADG assessment at Appendix 3.
	(iii) Provide private open space in the form of a balcony, terrace or courtyard for each and every apartment unit in a development.	The building has no balconies or private open spaces allocated for the existing units. The proposal would provide formalized private open space to Unit 13 which would improve the residential amenity for those occupants where no private open space was previously provided.	Refer to ADG assessment at Appendix 3.
	(iv) Avoid locating the kitchen within the main circulation space of an apartment, such as hallway or entry.	The proposed development complies with the apartment layout design criteria provided by the ADG.	Refer to ADG assessment at Appendix 3.
4.8	Balconies
	(i) Provide a primary terrace for all ground floor apartments with a minimum depth of 4m and minimum area of 12m2. All ground floor apartments are to have direct access to a terrace.	POS complies with the design criteria provided by the ADG.	Refer to ADG assessment at Appendix 3.
5	Amenity
5.1	Solar access and overshadowing
	Solar access for proposed development
	(i) Dwellings must receive a minimum of 3 hours sunlight in living areas and to at least 50% of the private open space between 8am and 4pm on 21 June.	The existing apartment has no solar access to the living room. The proposed development complies with solar access and daylight design criteria provided by the ADG (refer to assessment above).	Refer to ADG assessment at Appendix 3.
5.2	Natural ventilation and energy efficiency
	(i) Provide daylight to internalised areas within each dwelling and any poorly lit habitable rooms via measures such as ventilated skylights, clerestory windows, fanlights above doorways and highlight windows in internal partition walls.	The proposed development complies with solar access and daylight design criteria provided by the ADG.	Refer to ADG assessment at Appendix 3.
	(ii) Sun shading devices appropriate to the orientation should be provided for the windows and glazed doors of the building.	No sun shading devices are proposed as part of the application.	No. A condition has been included requiring details of proposed shading devices for the west facing living room given their orientation.
	(iii) All habitable rooms must incorporate windows opening to outdoor areas. The sole reliance on skylight or clerestory windows for natural lighting and ventilation is not acceptable.	All habitable rooms will have window openings to outdoor areas.	Yes
5.3	Visual privacy
	(i) Locate windows and balconies of habitable rooms to minimise overlooking of windows or glassed doors in adjoining dwellings. (ii) Orient balconies to front and rear boundaries or courtyards as much as possible. Avoid orienting balconies to any habitable room windows on the side elevations of the adjoining residences. (iii) Orient buildings on narrow sites to the front and rear of the lot, utilising the street width and rear garden depth to increase the separation distance. (iv) Locate and design areas of private open space to ensure a high level of user privacy. Landscaping, screen planting, fences, shading devices and screens are used to prevent overlooking and improve privacy. (v) Incorporate materials and design of privacy screens including: - Translucent glazing - Fixed timber or metal slats - Fixed vertical louvres with the individual blades oriented away from the private open space or windows of the adjacent dwellings - Screen planting and planter boxes as a supplementary device for reinforcing privacy protection.	The windows along the northern elevation would be overlooked given their location along the side boundary which is used to access communal open space.	A condition is included which requires the privacy measures be implemented to basement level windows to ensure adequate privacy for occupant of Unit 13.
5.4	Acoustic privacy
	(i) Design the building and layout to minimise transmission of noise between buildings and dwellings. (ii) Separate “quiet areas” such as bedrooms from common recreation areas, parking areas, vehicle access ways and other noise generating activities. (iii) Utilise appropriate measures to maximise acoustic privacy such as: - Double glazing - Operable screened balconies - Walls to courtyards - Sealing of entry doors.	Living areas and bedrooms are sufficiently separated.	Yes
5.6	Safety and security
	(i) Design buildings and spaces for safe and secure access to and within the development.	Safe and secure access will be maintained via the existing entrance to Unit 13.	Yes
7.6	Storage
	(i) The design of development must provide for readily accessible and separately contained storage areas for each dwelling. (ii) Storage facilities may be provided in basement or sub floor areas, or attached to garages. Where basement storage is provided, it should not compromise any natural ventilation in the car park, reduce sight lines or obstruct pedestrian access to the parked vehicles. (iii) In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates: (a) Studio apartments – 6m3 (a) 1-bedroom apartments – 6m3 (b) 2-bedroom apartments – 8m3 (c) 3 plus bedroom apartments – 10m3.	The proposed development does not adequately demonstrate compliance with the ADG however ample space is available for storage within the dwelling including the stair as shown on the plans. A condition of consent is imposed to ensure that storage space to meet the ADG is shown on the plans for the Construction Certificate to ensure compliance.		Yes (conditioned regarding storage spaces shown on plans for construction)
7.7	Laundry facilities
	(i) Provide a retractable or demountable clothes line in the courtyard of each dwelling unit.	Approved private open space not provided however ample space would be provide din the proposed area following development. There is adequate area within the rear private open space and communal areas to meet this requirement.			Yes (existing situation)
	(ii) Provide internal laundry for each dwelling unit.	A laundry is provided as part of the basement floor.			Yes

Attachment/s:

1.⇩

RLPP Conditions - Unit 13/20 Glebe Street, Randwick (DA/616/2019)

Responsible officer: Sacha Kaless, Senior Environmental Planning Officer

File Reference: DA/616/2019

RLPP Conditions - Unit 13/20 Glebe Street, Randwick (DA/616/2019)

Attachment 1

Development Consent Conditions

(Medium density residential)

Folder /DA No:	DA/616/2019
Property:	13/20 Glebe Street, RANDWICK NSW 2031
Proposal:	Alterations and additions to the existing dwelling (Unit 13) including conversion of the semi-basement into a habitable space with associated internal and external alterations, landscaping and associated works.
Recommendation:	Approval

Development Consent Conditions

GENERAL CONDITIONS

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

Approved Plans & Supporting Documentation

Plan	Drawn by	Dated
Site Plan, Drawing No. DA-001-B, Rev B	Breakspear Architects	13/11/2019
Existing & Proposed Plans, Drawing No. DA-002-E, Rev E	Breakspear Architects	27/04/2020
Proposed Elevations, Drawing No. DA-003-C, Rev C	Breakspear Architects	13/11/2019
Landscape Plan, Drawing No. DA-004-B, Rev B	Breakspear Architects	13/11/2019

Document	Author	Dated
BASIX Certificate, Ref: A361388	Breakspear Architects	13/11/2019

Amendment of Plans & Documentation

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

a) Internal privacy measures shall be shown to the new windows at the basement level along the northern elevation of Unit 13 to ensure adequate visual privacy for occupants.

b) A sun shading device shall be provided to the western façade of the new glass bi-fold doors at the basement level to ensure adequate sun shading to the living room.

c) Storage areas shall be shown throughout Unit 13, including underneath the staircase, demonstrating a minimum of 8m³ to ensure adequate internal storage space for occupants.

d) The rear private open space to Unit 13 shall have a maximum depth of 5m to allow for extra communal open space (in-line with the approval for the neighbouring Unit 14). The fencing of the private open space shall be reduced to a maximum height of 1.2m and screen planting having a depth of 500mm shall be incorporated along the eastern and southern side of the private open space.

e) A landscape plan prepared by a qualified professional (i.e. a registered member of either AILDM, AILA or similar) shall be submitted to, and be approved by Council’s Manager of Development Assessment, prior to the commencement of site works and must detail the following:

· A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity and any other details needed to describe the works;

· A predominance of species that are not reliant on high quantities of moisture and fertilizer for survival;

· A high quality selection and arrangement of decorative species throughout the communal areas so as to cater to the future amenity needs of occupants.

· Furniture and equipment to be placed in the communal area shall be dimensioned and detailed on the plans.

Apartment layout

3. Enclosure of the study on the ground floor entry level is not permitted, and the study shall not be used as a bedroom.

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

Consent Requirements

4. The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the Construction Certificate plans and associated documentation.

External Colours, Materials & Finishes

5. The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing and adjacent development to maintain the integrity and amenity of the building and the streetscape.

Compliance Fee

6. A development compliance and enforcement fee of $80 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.

Long Service Levy Payments

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

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

Sydney Water Requirements

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

The Sydney Water Tap in™ online service replaces the Quick Check Agents as of 30 November 2015

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

· Building plan approvals;

· Connection and disconnection approvals;

· Diagrams;

· Trade waste approvals;

· Pressure information;

· Water meter installations;

· Pressure boosting and pump approvals; and

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

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

https://www.sydneywater.com.au/SW/plumbing-building-developing/building/sydney-water-tap-in/index.htm.

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

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

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

Compliance with the Building Code of Australia & Relevant Standards

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

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

BASIX Requirements

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

Site stability, Excavation and Construction work

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

Certification and Building Inspection Requirements

13. 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 Certifier must be appointed to carry out the necessary building inspections and to issue an Occupation Certificate; and

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

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

e) At least two (2) days notice must be given to the Council, in writing, prior to commencing any works.

Home Building Act 1989

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

Construction Site Management Plan

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

· Location and construction of protective site fencing / hoardings;

· Location of site storage areas/sheds/equipment;

· Location of building materials for construction;

· Provisions for public safety;

· Dust control measures;

· Details of proposed sediment and erosion control measures;

· Site access location and construction

· Details of methods of disposal of demolition materials;

· Protective measures for tree preservation;

· Location and size of waste containers/bulk bins;

· Provisions for temporary stormwater drainage;

· Construction noise and vibration management;

· Construction traffic management details;

· Provisions for temporary sanitary facilities.

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

Demolition Work Plan

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

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

Construction Noise & Vibration Management Plan

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

Public Liability

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

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

Inspections during Construction

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

Building & Demolition Work Requirements

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

• Work Health and Safety Act 2011;

• Work Health and Safety Regulation 2011;

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

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

• The Protection of the Environment Operations Act 1997;

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

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

Removal of Asbestos Materials

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

· Occupational Health & Safety legislation and WorkCover NSW requirements.

· Randwick City Council’s Asbestos Policy.

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

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

Excavations, Back-filling & Retaining Walls

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

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

Support of Adjoining Land

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

Sediment & Erosion Control

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

Dust Control

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

Dust control measures and practices may include:-

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

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

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

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

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

· Landscaping and revegetation of disturbed areas.

Public Safety & Site Management

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

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

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

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

Site Signage

27. 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 Certifier;

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

Restriction on Working Hours

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

Activity	Permitted working hours
All building, demolition and site work, including site deliveries (except as detailed below)	· Monday to Friday - 7.00am to 5.00pm · Saturday - 8.00am to 5.00pm · Sunday & public holidays - No work permitted
Excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like	· Monday to Friday - 8.00am to 1.00pm only · Saturday - No work permitted · Sunday & public holidays - No work permitted
Additional requirements for all development	· Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

Building Encroachments

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

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

Occupation Certificate Requirements

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

Fire Safety Certificates

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

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

Structural Certification

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

Sydney Water Certification

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

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

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

BASIX Requirements & Certification

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

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

Noise Control Requirements & Certification

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

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

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

OPERATIONAL CONDITIONS

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

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

Environmental Amenity

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

GENERAL ADVISORY NOTES

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

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

· An Accredited Certifier or Council has been appointed as the Principal Certifier for the development; and

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

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

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

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

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

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

For further information please contact Council on 9093 6971.

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

· An access order under the Access to Neighbouring Land Act 2000, or

· An easement under Section 88K of the Conveyancing Act 1919, or

· An easement under Section 40 of the Land & Environment Court Act 1979, as appropriate.

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.

· Before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

· Before 7.00am or after 10.00pm on any other day.

Randwick Local Planning Panel meeting14 May 2020

Development Application Report No. D22/20

Subject: 18-20 Surfside Avenue, Clovelly (DA/381/2019)

Proposal: Demolition of existing dwellings at 18 & 20 Surfside Avenue, retention of garages at 20 Surfside Avenue, boundary adjustment between both properties, construction of new part 2 and part 3 storey dwelling at 18 Surfside Avenue, swimming pool to rear, new vehicular access and associated works.

Ward: North Ward

Applicant: Mrs K A Loughran-Robinson and Mr P J Robinson

Owner: KLR Practice Managers Pty Ltd

Cost of works: $1,355,106

Reason for referral: The development contravenes the development standard for minimum subdivision lot size by more than 10%.

Recommendation

A. That the RLPP is satisfied that the matters detailed in clause 4.6(4) of Randwick Local Environmental Plan 2012 have been adequately addressed and that consent may be granted to the development application, which contravenes the minimum subdivision lot size development standard in Clause 4.1 of Randwick Local Environmental Plan 2012. The concurrence of the Secretary of Planning, Industry and Environment may be assumed.

B. That the RLPP grant consent under Sections 4.16 and 4.17 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 381/2019 for demolition of existing dwellings at 18 & 20 Surfside Avenue, retention of garages at 20 Surfside Avenue, boundary adjustment between both properties, construction of new part 2 and part 3 storey dwelling at 18 Surfside Avenue, swimming pool to rear, new vehicular access and associated works at No. 18 and 20 Surfside Avenue, Clovelly, subject to the development consent conditions attached to this report.



	Subject Site

	Submissions received Ù North
	Locality Plan

1. Executive summary

The application is referred to the Randwick Local Planning Panel (RLPP) as the development contravenes the development standard for minimum subdivision lot size by more than 10%.

The proposal seeks development consent for demolition of existing dwellings at 18 & 20 Surfside Avenue, retention of garages at 20 Surfside Ave, boundary adjustment between both properties, construction of new 3 storey dwelling at 18 Surfside Avenue plus lower level garages, swimming pool to rear and associated works.

The key issues associated with the proposal relate to minimum subdivision lot size, works proposed to the Council median to accommodate a vehicular access to 18 Surfside Avenue, rear setback and view sharing.

With regards to the minimum subdivision lot size, a boundary adjustment is proposed between proposed Lot 1 (18 Surfside Ave) and proposed Lot 2 (20 Surfside Ave). The resulting lot sizes do not comply with the minimum 400m² standard with Lot 1 at 289.5m² (259.8m²existing)and Lot 2 at 338.8m² (368m²existing).The variation is supported as the resulting lots will be consistent with the objectives of the minimum subdivision lot size standard and the R2 Low Density Residential zone, and the Applicant’s written request to vary the standard has adequately addressed those matters that are required to be demonstrated pursuant to cl 4.6 of the RLEP. The dwelling proposed on Lot 1 and an indicative building envelope provided for Lot 2 demonstrates that the lots can accommodate development suitable for its purpose.

With regards to the vehicular access, extensive excavation is proposed to the Council median including the removal of 2 street trees to accommodate the access through the median, construction of an elevated pedestrian footpath, replacement of the existing public stair, new retaining walls and landscaping at street level. The works are consistent with an existing approval for works across the subject site, extending west in front of 10, 12 and 16 Surfside Ave (DA/829/2015), with this consent remaining active until 28 September 2021. The works have been assessed by Council’s Engineer and Landscape Officer who recommend approval subject to conditions. The works will not result in any loss of on-street car parking given that none currently exists along the northern side of Surfside Ave. The loss of landscaping within the median is outweighed by the benefit of providing off-street car parking, subject to the provision of new landscaping at street level either side of the access and provision of compensatory landscaping elsewhere.

With regards to the rear setback, a 7.5m setback is required and a 6.3m setback is provided to the façade of the ground floor and to the first floor balcony. The ground floor setback is supported as it is consistent with other single storey development to the west. The first floor setback to the balcony is not supported as the balcony will result in adverse privacy and acoustic impacts. Therefore, a condition is recommended to delete the balcony with the resulting setback to the first floor living room windows being 7.5m, which complies.

With regards to view sharing, some views from surrounding properties will be affected by the proposed dwelling on 18 Surfside Ave (future development on no. 20 will be subject to a separate assessment), including views to the ocean with a land and water interface, and views to Wedding Cake Island. Existing views are across the roofs of the existing single storey semi-detached dwellings. Based upon submissions, the assessed view loss is largely the result of the clearstory window element that protrudes some 1.2m above the roof height. In accordance with the Planning Principle, given the development complies with key envelope standards and controls the question is therefore whether a more skilful design could reduce view impacts whist providing the same level of amenity for occupants. The clearstory window is an unnecessary element noting compliant solar access will be received, therefore a condition is recommended to delete the clearstory window.

The proposal is recommended for approval subject to non-standard conditions that require:

· Provision of a positive covenant placing onus on the landowners to meet the ongoing maintenance of the footbridge to Council’s satisfaction (which was also placed on DA/829/2015).

· Detailed design of the median works be submitted to Council for approval prior to CC.

· Details of landscaping either side of the vehicular access to be approved by Council and installed to Council’s satisfaction prior to OC.

· Provision of a loss of amenity fee associated with the street tree removal for the planting of additional trees elsewhere in the street and/or surrounding area to ensure no net loss of canopy cover.

· Replacement of the solid front fence with an open design.

· Deletion of the north-facing first floor balcony.

· Replacement of the solid, full height walls to the eastern and western sides of the south-facing, ground and first floor balconies with fixed privacy screens 1.6m high;

· Deletion of the clearstory window and subsequent continuation of the low-profile pitched roof, with details submitted to Council prior to CC.

· Future use of the garage at 20 Surfside Avenue to be subject of a separate development application.

2. Site Description and Locality

The subject site is known as 18 and 20 Surfside Avenue, Clovelly and is legally described as Lot E (18 Surfside) and Lot F (20 surfside) in DP 419534. 18 Surfside Ave is 259.8m², is regular in shape and has an 8.76m frontage to Surfside Avenue to the south. 20 Surfside Ave is 368m² and is a corner allotment with 20.72m frontage to Surfside Avenue to the south and 15.97m frontage to Park Street to the east. The site contains single storey semi-detached dwellings with a large garage structure comprising 5 x parking spaces on 20 Surfside Ave fronting Park Street. 18 Surfside Ave is land locked and is not provided with car parking given an elevated footpath / median that wraps around both lots. The site slopes down approximately 2.6m from north to south. Surrounding development comprises predominantly low density residential development including semi-detached dwellings and dwelling houses. The site forms part of the Foreshore Scenic Protection Area pursuant to the RLEP, with properties to the north having ocean views across the site.

Figure 1. View north-west from street corner.

Figure 2. View north-west from street corner.

Figure 3. View west from street corner.

Figure 4. View west from Part St showing existing detached garages on 20 Surfside Ave and northern neighbouring property at 18 Park St.

Figure 5. View north from frontage showing 18 and 20 Surfside Ave.

Figure 6. Rear of 18 Surfside Ave (detached portion).

Figure 7. Rear of 20 Surfside Ave (detached portion).

3. Relevant history

Existing Development

· DA/829/2015 - Construction of double garages with terraces above and associated changes to Council's footpath at front of 10, 12, 16 and 18 Surfside Avenue, alterations to 10, 12 and 18 Surfside Avenue at lower ground level with associated works. Approved 28 September 2016 – consent is still valid until 28 September 2021. Refer to Figure 11 further below.

Request for Information

Following a preliminary planning assessment and referrals from Council Officers, the following issues were raised for the Applicant to address:

· Amended written request to vary the lot size standard pursuant to Clause 4.6 of the RLEP that addresses each of the objectives of the minimum subdivision lot size standard.

· Increased rear setback.

· Demonstrate a compliant building envelope for 20 Surfside Avenue.

· Deletion of the clearstory roof to reduce bulk and scale and potential view loss.

· Deletion of the rear, external spiral staircase noting there is a direct connection to ground POS via the internal stair.

· RLs in relation to Council’s footpath and changes to levels in response to sightline concerns.

Amended drawings and documentation was submitted with the following changes:

· Amended written request pursuant to Clause 4.6 of the RLEP.

· Increased rear setback. Deletion of rear external spiral stair.

· Reduced size of first floor, rear-facing balcony.

· Indicative compliant building envelope for 20 Surfside Avenue (as part of the 4.6).

· Reduced building height through new roof design.

· Provision of a splayed garage wall to facilitate sightlines.

The amended drawings and documentation were accepted for detailed assessment. A new referral was issued to Council’s Development Engineer. The amended drawings were not publicly re-notified as the changes made reduced the potential for amenity impacts.

4. Proposal

The proposal seeks development consent for demolition of existing dwellings at 18 & 20 Surfside Avenue, retention of garages at 20 Surfside Avenue, boundary adjustment between both properties, construction of new part 2 and part 3 storey dwelling at 18 Surfside Avenue, swimming pool to rear, new vehicular access and associated works.

Both Sites

Demolition

· Demolition of both semi-detached dwellings on 18 and 20 Surfside. Retention of the garage on 20 Surfside Avenue.

Boundary alignment (subdivision)

· Proposed Lot 1 = 289.5m² (259.8m² existing). The proposed lot width is 9.71m (8.76m existing).

· Proposed Lot 2 = 338.8m² (368m²existing). The proposed lot width is 19.69m (20.82m existing).

18 Surfside Avenue (Lot E)

Basement

· Double garage with internal stair and lift access to levels above.

Lower Ground Floor

· Main entry.

· Bedroom with ensuite / robe.

· South (street) facing terrace with landscaping at existing ground level.

Ground Floor

· 3 bedrooms with front-facing balcony.

· Rear living room with bathroom.

· Rear-facing deck with swimming pool at existing ground level.

First Floor

· Open-plan living / dining / kitchen with front and rear-facing balconies.

· Clearstory roof towards front half providing additional light to dining and flat roof towards rear.

Median Works

Works are also proposed to Council’s median, which currently comprises a raised median with landscaping and public footpath. It is proposed to excavate the median to provide a level vehicular access to t18 Surfside Ave with a raised public footpath over the top of the access, tree removal, new landscaping, retaining walls and replacement of an existing public stair. Refer to Key Issues section for more information.

5. Notification

· 2/1 Blackwood Avenue, Clovelly

· 5/1 Blackwood Avenue, Clovelly

· 8/1 Blackwood Avenue, Clovelly

· 3 Blackwood Avenue, Clovelly

· 5 Blackwood Avenue, Clovelly

· 12 Park Street, Clovelly

· 18 Park Street, Clovelly (x 2 submissions)

· 16 Surfside Avenue, Clovelly

Issue	Comment
View loss from 2/1, 5/1, 8/1, 3, and 5 Blackwood Ave, and 18 Park Street.	Refer to Key Issues section for assessment.
The development will result in loss of property values.	This is not a consideration pursuant to S4.15 of the EP&A Act.
Excessive building height and size.	The development complies with the building height standard and controls related to setbacks and site coverage.
The design is not in keeping with the character and is not skillfully designed.	The development complies with key envelope standards and controls and is therefore in accordance with the desired future character of the area.
The development is not in accordance with the Foreshore Scenic Protection Area standards.	The development is assessed as being in accordance with the Foreshore Scenic Protection Area. Refer to section 6.3.
Removal of landscaping in the frontage and from Council’s reserve and insufficient compensatory landscape screening in the frontage will result in amenity impacts and result in privacy impacts. A detailed landscape plan should be provided.	The landscape removal has been assessed by Council’s Landscape Officer and is supported noting that landscaping will be provided either side of the access with details to be submitted to Council’s satisfaction prior to the issue of an Occupation Certificate. Compensatory landscaping will be provided either within the street or elsewhere to ensure no net loss of canopy cover. Refer to Key Issues section, and Appendix 1 – Referrals. It is considered overall that the loss of some street landscaping is acceptable noting the benefit of providing off street car parking.
A final materials and colours schedule should be provided as part of the DA.	A condition is recommended to ensure that this is provided to Council’s satisfaction.
Concerns with line of sight from cars existing the garage.	This has been assessed by Council’s Development Engineer, with revised drawings provided demonstrating an appropriate line of site as a result of the splayed retaining walls. Refer to Appendix 1 – Referrals.
A future concept for no. 20 Surfside Ave should be provided. Future development of this site has the potential to impact adjoining properties. The site should remain for only a semi-detached dwelling or dual occupancy.	No development is proposed on 20 Surfside Ave as part of this DA. Any future DA will be subject to a separate assessment. Uses that are permitted with consent within the R2 zone can be considered on this site.
Excessive density / FSR.	No maximum FSR applies to 18 Surfside Ave, the subject of the proposed dwelling. Notwithstanding, the development complies with key envelope controls related to building height, setbacks, site coverage and deep soil landscaping.
The Applicant’s written request to vary the minimum lot size standard is insufficient. The proposed lots are narrow, and there are no examples of such narrow allotments with detached dwelling houses in the area, most comprising semi-detached.	The Applicant’s written request has adequately demonstrated those matters that are required to be demonstrated in Cl 4.6 of the RLEP. Refer to assessment in section 7.
The development is not in accordance with the objectives of the R2 zone.	The development is assessed as being in accordance with the objectives of the R2 zone. Refer to sections 6.3 and 7.
Non-compliant rear setback.	The revised drawings increased the rear setback, which is not satisfactory subject to a condition to delete the rear-facing balcony on the first floor. Refer to detailed assessment in Appendix 3.
Non-compliant wall height.	The non-compliance relates to a small section towards the frontage, the result of the topography of the site. The non-compliance will not result in adverse amenity impacts and is supported. Refer to detailed assessment in Appendix 3.
The garage size is excessive.	The garage is located within a basement and will not be prominent when viewed from the street.
Loss of natural light.	Based on the submitted shadow diagrams, no increased overshadowing will be caused to surrounding properties.
Privacy impacts.	Subject to conditions, direct overlooking will not occur.
Reduction of natural ventilation.	The development complies with key envelope standards, including setbacks and site coverage. Therefore ventilation to surrounding properties will be reasonably maintained.
Visual amenity impacts.	The development is well-articulated and complies with setback controls, therefore adverse visual amenity impacts will not occur.
The 5 car garage on 20 Surfside is proposed to remain, however no use is proposed.	Noted. Council cannot force demolition of the existing garage if this is not proposed. A condition is therefore recommended to ensure that the garage is not utilised for any commercial purpose.
The walls are lengthy and not articulated.	The first floor is provided with an increased setback and various architectural elements are proposed that will ensure good articulation.

6. Relevant Environment Planning Instruments

6.1. State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (“Vegetation SEPP”)

The Vegetation SEPP came into effect in NSW on 25 August 2017. The aims of the Vegetation SEPP are:

“(a) to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and

(b) to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.”

Assessing officer’s comment: There are no significant trees or vegetation on the site pursuant to Part B5 of the RDCP 2013. Landscaping is proposed on 18 Surfside that will enhance biodiversity values. The proposed removal of 2 trees within Council’s median to accommodate the vehicular access is supported by Council’s Landscape Officer with conditions provided requiring landscaping to be provided either side of the access to Council’s satisfaction, and for a loss of amenity fee to be paid to Council for the provision of compensatory landscaping elsewhere to ensure no net loss of canopy cover. Therefore, biodiversity values will be protected, whist providing the benefit of off-street car parking, which is not currently available.

6.2. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (“BASIX SEPP”)

A satisfactory BASIX certificate has been submitted in accordance with the requirements of the BASIX SEPP. A condition is provided to ensure compliance with the BASIX certificate.

6.3. Randwick Local Environmental Plan 2012 (LEP)

The site is zoned R2 Low Density Residential under Randwick Local Environmental Plan 2012 and the proposal is permissible with consent.

The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will provide for the housing needs of the community, contribute to the desired future character of the area, protect the amenity of residents and encourage housing affordability (subject to conditions).

The following development standards in the RLEP 2012 apply to the proposal:

Clause	Development Standard	Proposal	Compliance (Yes/No)
Cl 4.1: Lot Size (min)	400m²	Lot 1 = 289.5m² (259.8m² existing). Lot 2 = 338.8m² (368m²existing).	No
Cl 4.4: Floor space ratio (max)	No maximum for dwelling house on a lot 300m² or less. 0.75:1 for lots between 300m² and 450m².	Lot 1 = 289.5m² therefore no maximum FSR. Notwithstanding, 0.92:1 (266.42m²) is proposed. Lot 2 = 338.8m². 0.27:1 (93.78m²) is proposed associated with retention of the existing garage.	Yes
Cl 4.3: Building height (max)	9.5m	8.53m measured from the ridge of the clearstory roof (RL 34.16) to beneath the floor level of the existing dwelling (RL 25.63).	Yes

6.3.1. Clause 4.6 - Exceptions to development standards

The non-compliances with the development standards are discussed in section 7 below.

6.3.2. Clause 6.7 Foreshore scenic protection area

Pursuant to clause 6.7 (2) of the RLEP 2012, the site is located within the foreshore scenic protection area pursuant to the Foreshore Scenic Protection Area Map.

(1) The objectives of this clause are as follows:

(a) to recognise, protect and enhance the natural, visual and environmental qualities of the scenic areas of the coastline,

(b) to protect and improve visually prominent areas adjoining the coastal foreshore,

(c) to protect significant public views to and from the coast,

(d) to ensure development in these areas is appropriate for the location and does not detract from the scenic qualities of the coast.

(2) This clause applies to land identified as “Foreshore scenic protection area” on the Foreshore Scenic Protection Area Map.

(3) Development consent must not be granted for development on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is located and designed to minimise its visual impact on public areas of the coastline, including views to and from the coast, foreshore reserves, open space and public areas, and

(b) contributes to the scenic quality of the coastal foreshore.

Assessing officer’s comment: The development complies with key envelope controls and will not impact views to or from the coast from public areas. An increased setback to the street is afforded by the median in front of the site helping to minimise visual impact when viewed from Surfside Avenue and Park Street. The architectural expression of the building will contribute to the scenic quality of the coastal foreshore, and proposed works to the median will allow landscaping to be provided at street level that will help to soften the appearance of the vehicular access.

7. Clause 4.6 exception to a development standard

The proposal seeks to vary the following development standard contained within the Randwick Local Environmental Plan 2012 (RLEP 2012):

Clause

Development Standard

Existing

Proposal

Proposed variation

(%)

Cl 4.1:

Lot Size (min)

400m²

Lot 1 = 259.8m²

Lot 2 = 368m²

Lot 1 = 289.5m²

Lot 2 = 338.8m²

Lot 1 = 110.5m²

Lot 2 = 61.2m²

Lot 1 = 27.6%

Lot 2 = 15.3%

Clause 4.6 of RLEP 2012: Exception to a Development Standard relevantly states:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

4. Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(b) the concurrence of the Secretary has been obtained.

In Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ summarised the matters in Clause 4.6 (4) that must be addressed before consent can be granted to a development that contravenes a development standard.

1. The applicant’s written request has adequately demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

2. The applicant’s written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.

The grounds relied on by the applicant in their written request must be “environmental planning grounds” by their nature. Chief Justice Preston at [23] notes the adjectival phrase “environmental planning” is not defined, but would refer to grounds that relate to the subject matter, scope and purpose of the EPA Act, including the objects in s1.3 of the EPA Act.

Chief Justice Preston at [24] notes that there here are two respects in which the written request needs to be “sufficient”.

Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 at [27] notes that the matter in cl 4.6(4)(a)(ii), with which the consent authority must be satisfied, is not merely that the proposed development will be in the public interest but that it will be in the public interest because it is consistent with the objectives of the development standard and the objectives for development of the zone in which the development is proposed to be carried out.

It is the proposed development’s consistency with the objectives of the development standard and the objectives of the zone that make the proposed development in the public interest.

4. The concurrence of the Secretary has been obtained.

Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 at [28] notes that the other precondition in cl 4.6(4) that must be satisfied before consent can be granted is whether the concurrence of the Secretary has been obtained (cl 4.6(4)(b)). In accordance with Clause 4.6 (5), in deciding whether to grant concurrence, the Secretary must consider:

(a) whether contravention of the development standard raises any matter of significance for state or regional environmental planning, and

(b) the public benefit of maintaining the development standard

Under clause 64 of the Environmental Planning and Assessment Regulation 2000, the Secretary has given written notice dated 21 February 2018, attached to the Planning Circular PS 18-003 issued on 21 February 2018, to each consent authority, that it may assume the Secretary’s concurrence for exceptions to development standards in respect of applications made under cl 4.6 (subject to the conditions in the table in the notice).

7.1. Exception to the minimum subdivision lot size development standard (Cl 4.1)

The applicant’s written justification for the departure from the minimum subdivision lot size development standard is contained in Appendix 2.

1. Has the applicant’s written request adequately demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

The applicant’s written request seeks to justify the contravention of the minimum subdivision lot size development standard by demonstrating that compliance is unreasonable or unnecessary in the circumstances of the case because the relevant objectives of the standard are still achieved.

The objectives of the minimum subdivision lot size development standard are set out in Clause 4.1 (1) of RLEP 2012. The applicant has addressed each of the objectives as follows:

(a) to minimise any likely adverse impact of subdivision and development on the amenity of neighbouring properties,

The applicant’s written justification demonstrates that this objective is satisfied by noting that:

· Lot 1 can accommodate a compliant building envelope, as is proposed under this DA.

· Lot 2 can accommodate a future compliant envelope, evidenced by the conceptual footprint provided. Future assessment of any application will be subject to a merit based assessment. It is noted that retention of the existing garage on the site may not be possible as part of any future application.

· The lot sizes will not result in adverse amenity impacts to adjoining properties, evidenced by the proposed dwelling on Lot 1.

Figure 8. Insert from Applicant’s Cl 4.6 showing indicative compliant envelope on Lot 2.

(b) to ensure that lot sizes allow development to be sited to protect natural or cultural features, including heritage items, and to retain special features such as trees and views,

The applicant’s written justification demonstrates that this objective is satisfied by noting that:

· The site is not within proximity to any heritage items nor within a heritage conservation area.

· The site does not contain any natural or cultural features.

· The landscaping proposed to be removed is not significant, and appropriate landscaping is proposed.

· The lots will not unreasonably impact views.

· The lots are existing, and a boundary adjustment is proposed resulting in two lots that are able to accommodate complying envelopes.

(c) to ensure that lot sizes are able to accommodate development that is suitable for its purpose.

The applicant’s written justification demonstrates that this objective is satisfied by noting that:

· Lot 1 can accommodate a compliant building envelope, as is proposed under this DA.

· Lot 2 can accommodate a future compliant envelope, evidenced by the indicative example provided.

· The resulting lot sizes are subject to the same maximum FSR as the existing lots.

· The boundary adjustment will permit a better mix of residential development in the street, allowing 2 x dwelling houses rather than only permitting semi-detached dwellings as is provided on the other lots to the west that are also non-compliant.

· The boundary adjustment is minor and will maintain the existing subdivision pattern.

· The lots will not preclude the future development of neighbouring properties, with compliant envelopes able to be accommodated on the proposed lots.

In addition to the above responses to the objectives, the Applicant also argues that compliance is unreasonable and unnecessary for the following reasons:

· The existing lots already do not comply with the minimum 400m² subdivision lot size.

· Compliance would require consolidation of an adjoining allotment(s), resulting in lot sizes that are not in accordance with the established subdivision pattern.

· The variation will more equally distribute the area of each lot, improving the usability of the lots.

· The variation will maintain the established subdivision pattern, and permit development that is in accordance with the desired future character.

Assessing officer’s comment: In conclusion, the applicant’s written request has adequately demonstrated that compliance with the floor space ratio development standard is unreasonable or unnecessary in the circumstances of the case. In addition, it is noted that the minimum lot width control specified in the RDCP is 12m. Existing Lot 1 = 8.76m and proposed = 9.71. Existing Lot 2 = 20.73m (combined) to Surfside Ave, and 16.15m to Park St, and proposed = 19.77m (combined) to Surfside Ave and 16.15m to Park St. It is acknowledged that Lot 1 does not comply, however the proposal results in this lot being widened by 0.95m. The resulting lot width remains consistent with the subdivision pattern with lots immediately to the west ranging in width from 8.68m to 10.45m.

It is further noted that although some minor variations are proposed (refer to Appendix 3) the development complies with the objectives of the respective controls and therefore, the Applicant’s statement that a compliant envelope is proposed is agreed for the purpose of the written request pursuant to Cl 4.6 of the RLEP.

2. Has the applicant’s written request adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard?

The applicant’s written request seeks to demonstrate that there are sufficient environmental planning grounds to justify contravening the minimum subdivision lot size development standard as follows:

· The resulting lot sizes will not result in material or environmental impacts to surrounding properties or the public domain.

· The existing lots already do not comply with the minimum 400m² subdivision lot size.

· Compliance would require consolidation of an adjoining allotment(s), resulting in lot sizes that are not in accordance with the established subdivision pattern.

· The variation will more equally distribute the area of each lot, improving the usability of the lots.

· The variation will maintain the established subdivision pattern, and permit development that is in accordance with the desired future character.

To determine whether the proposal will be in the public interest, an assessment against the objectives of the minimum subdivision lot size standard and the R2 Low Density Residential zone is provided below:

Assessment against objectives of the minimum subdivision lot size development standard:

For the reasons outlined in the applicant’s written request, the development is consistent with the objectives of the minimum subdivision lot size development standard. In addition, it is noted that the proposed built form on Lot 1 will not result in adverse amenity impacts to neighbouring properties subject to conditions, nor will it negatively impact the qualities of the Foreshore Scenic Protection Area as discussed throughout this report.

Assessment against objectives of the R2 Low Density Residential zone

The objectives of R2 zone are:

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

Assessing officer’s comment: The proposed development will provide for the housing needs of the community, with the boundary adjustment resulting in a more equitable distribution of land between each allotment that permits 2 x dwelling houses, which will contribute to the dwelling types within the streetscape that mostly comprise semi-detached dwellings.

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

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

Assessing officer’s comment: The proposed boundary adjustment will maintain the established subdivision pattern while permitting 2 x dwelling houses on the lots that can comply with development standards. Although dwelling houses are not characteristic of the northern side of Surfside Avenue (chiefly semi-detached dwellings), it is noted that the lot sizes will maintain the same maximum FSR and therefore, the bulk and scale will be consistent with what is envisaged for the allotments as they exist. The proposed dwelling on Lot 1 complies with envelope controls, and a compliant envelope has been demonstrated on Lot 2. Therefore, the lots will allow development that contributes to the desired future character of the area.

· To protect the amenity of residents.

· To encourage housing affordability.

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

Assessing officer’s comment: The lots are able to accommodate compliant envelopes that will not impact the amenity of residents subject to conditions, therefore protecting amenity. The lots will encourage housing affordability.

The development is consistent with the objectives of the minimum subdivision lot size development standard and the R2 zone. Therefore the development will be in the public interest.

4. Has the concurrence of the Secretary been obtained?

In assuming the concurrence of the Secretary of the Department of Planning and Environment the matters in Clause 4.6(5) have been considered:

Does contravention of the development standard raise any matter of significance for state or regional environmental planning?

The proposed development and variation from the development standard does not raise any matters of significance for state or regional environmental planning.

Is there public benefit from maintaining the development standard?

Variation of the minimum subdivision lot size standard will allow for the orderly use of the site and there is a no public benefit in maintaining the development standard in this instance, which cannot be achieved unless amalgamation occurs resulting in highly uncharacteristic lot sizes that are incompatible with the established subdivision pattern.

Conclusion

8. Development control plans and policies

8.1. Randwick Comprehensive DCP 2013

The relevant provisions of the DCP are addressed in Appendix 3.

9. Environmental Assessment

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

Section 4.15 ‘Matters for Consideration’	Comments
Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument	See discussion in sections 6 & 7 and key issues below.
Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument	Nil.
Section 4.15(1)(a)(iii) – Provisions of any development control plan	The proposal generally satisfies the objectives and controls of the Randwick Comprehensive DCP 2013. See table in Appendix 3 and the discussion in key issues below
Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement	Not applicable.
Section 4.15(1)(a)(iv) – Provisions of the regulations	The relevant clauses of the Regulations have been satisfied.
Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality	The environmental impacts of the proposed development on the natural and built environment have been addressed in this report. The proposed development is consistent with the dominant character in the locality. The proposal will not result in detrimental social or economic impacts on the locality.
Section 4.15(1)(c) – The suitability of the site for the development	The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.
Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation	The issues raised in the submissions have been addressed in this report.
Section 4.15(1)(e) – The public interest	The proposal promotes the 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.

9.1. Discussion of key issues

Garage and Vehicular Access

The proposed development includes extensive excavation (approximately 4.5m) at the front of 18 and 20 Surfside Ave to accommodate a double garage and a vehicular access through the median, including the removal of 2 street trees, construction of an elevated pedestrian footpath over the vehicular access, replacement of the existing public stair, new retaining walls and landscaping at street level. Currently, an elevated pedestrian pathway extends across the front of the property and others to the west as part of the median.

Figures 9 & 10. Existing 3D view (left) & proposed 3D view (right).

It is noted there is an existing approval for similar works across the subject site, extending west in front of 10, 12 and 16 Surfside Ave to accommodate double garages:

· DA/829/2015 – Construction of double garages with terraces above and associated changes to Council's footpath at front of 10, 12, 16 and 18 Surfside Avenue, alterations to 10, 12 and 18 Surfside Avenue at lower ground level with associated works. Approved under delegation on 28 September 2016.

This development consent is still active until 28 September 2021 noting that works have not yet physically commenced. Should these works be carried out in front of 10, 12 and 16 Surfside Ave in conjunction with what is proposed, the proposed works would integrate with this approval. Should the approved works not be carried out under DA/829/2015 it is expected that future development of the western properties (which are currently underdeveloped) will propose a similar access solution that can be designed to match the proposal for consistency.

Figure 11. Insert from approved site plan.

The proposed works have been assessed by Council’s Engineer and Landscape Officer, who recommend approval subject to conditions. Notably:

· provision of a positive covenant placing onus on the landowners to meet the ongoing maintenance of the footbridge to Council’s satisfaction (which was also placed on DA/829/2015);

· detailed design of the works be submitted to Council for approval prior to CC;

· details of landscaping either side of the vehicular access be approved by Council and installed to Council’s satisfaction prior to OC; and

· a loss of amenity fee associated with the street tree removal for the planting of additional trees elsewhere in the street and/or surrounding area to ensure no net loss of canopy cover.

The proposed works will not result in any loss of on-street car parking noting none currently exists along the northern side of Surfside Ave. The subject site including others on this side are landlocked, and the provision of off-street car parking will benefit occupants and the community. The loss of landscaping within the median is acknowledged, however this is outweighed by the benefit of providing off-street car parking while noting that landscaping can be provided either side of the access at street level, and considering the recommended condition requiring a loss of amenity fee to be paid ensuring no net loss of canopy cover. The proposed garage is located below the dwelling at basement level and will not be prominent from the street. The existing concrete retaining wall proposed for removal is not significant (not constructed of sandstone or masonry) and replacement structures and handrails are proposed that will reflect the existing character of the locality.

Rear Setback

Clause 3.3.3 of Part C1 of the RDCP requires:

i) Minimum 25% of allotment depth or 8m, whichever lesser.

ii) Provide greater than aforementioned or demonstrate not required, having regard to:

- Existing predominant rear setback line - reasonable view sharing (public and private)

- protect the privacy and solar access

The minimum required setback is 7.5m. 6.3m is proposed to the ground floor and to the first floor rear-facing balcony (the façade of the first floor is setback 7.5m).

Noting control ii), the 7.5m setback is not strictly required for the ground floor having regard to the existing predominant rear setback, which is 6.3m, and given neighbouring properties will comply with solar access requirements. Notwithstanding, the first floor rear-facing balcony will directly overlook habitable room windows of the northern neighbouring property and the minimal rear setback will also result in acoustic impacts. Therefore, a condition is recommended to delete the balcony, with the resulting setback to the first floor living room windows being 7.5m, which complies with the rear setback control and therefore overlooking will not be unreasonable.

External Wall Height

Clause 3.2 in Part C1 of the RDCP requires a 7m maximum wall heights for sites that are not sloping. The site has an approximate 8% slope from north to south, which is not significant (being 10% or greater). Therefore, the 7m maximum wall height applies.

The wall height is 7.3m at the front (southern end) of the site reducing to 5.9m at the rear (northern end). The minor variation extends for a length of only 1.4m, and this section of wall does not result in any adverse amenity impacts to neighbouring properties in terms of overshadowing, visual bulk or view-loss. The proposal also has an increased side setback to the first floor over and above the minimum, which mitigates the non-compliant wall height section.

View Sharing

Clause 5.6 in Part C1 of the RDCP requires existing view corridors and vistas to significant elements from the streets, public open spaces and neighbouring dwellings to be reasonably maintained. View loss was also raised as a concern from property owners of 2/1, 5/1, 8/1 Blackwood Ave (a 3 storey RFB), 3 Blackwood Ave (two storey dwelling house), 5 Blackwood Ave (single storey dwelling house) and 18 Park St (part 2 and part 3 storey dwelling house), which are located to the north and north-west of the site. Due to the topography, properties to the north of the site are located above the subject site, obtaining water views out to the south, south-east and south-west.

It is noted that demolition of the semi-detached dwellings is proposed at both 18 and 20 Surfside Ave. A new dwelling is only proposed on 18 Surfside Ave, which is the basis to the view loss assessment. No dwelling is proposed on no. 20 Surfside Ave, with any future DA needing to demonstrate compliance with the objectives of relevant standards and controls, and consideration of views from surrounding properties.

In the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140, the Land and Environment Court has established a Planning Principle to assess whether the extent of view loss, which would result from the proposal is reasonable. This provides a four stage method of assessing view loss:

1. Quality of Views:

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.

Assessing officer’s comment: Based upon a site inspection and submissions, existing views are water views with some land and water interface views out to the south, south-west and south-east. The key affected property is the northern neighbouring property at 18 Park St. Wedding Cake Island is located to the south of the site, which is visible from 18 Park St and is considered an iconic view for the purpose of this analysis.

Figure 12. View from first floor bedroom of 18 Park Street across roof of existing semi-detached dwellings on subject site (18 Surfside Ave right & 20 Surfside Ave left).

2. From what part of the property the views are obtained?

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.

Assessing officer’s comment: Views are obtained from the rear of the affected properties to the north-west, and from the side of the key affected property at 18 Park Street from both a standing and a seated position.

3. An assessment of the extent of the impact.

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.

Assessing officer’s comment: With regards to the key affected property at 18 Park St, based upon submissions and approved drawings, views are obtained from the first floor bedrooms across the roof of both semi-detached dwellings at 18 and 20 Surfside Ave. Views will be lost from some bedrooms as a result of the proposal, therefore the view loss is considered moderate noting the views are from bedrooms across the side boundary. Views from other properties further to the north-west are expected to also be obtained across the roof of the subject site given the topography.

4. An assessment of the reasonableness of the proposal that is causing the impact.

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.

Assessing officer’s comment: The proposed development complies with key development standards related to building height, site coverage, side and rear setbacks. The minor non-compliant wall height towards the front of the property does not result in view loss itself. Views currently obtained across the site from surrounding properties to the north are largely the result of the existing single storey development. It is not unreasonable to expect new development that complies with current controls, which is the desired future character of the area.

Figure 13. Insert from submission from 18 Park St demonstrating proposed ridge of clearstory window. The dotted lines indicate the indicative proposed envelope only, and since the submission was made the proposal has been reduced by 370mm in height.

Based upon submissions, the view loss that has been assessed is largely the result of the clearstory window element, which protrudes some 1.2m above the roof height. Noting the compliant building envelope, in accordance with the Planning Principle the questions is therefore whether a more skilful design could reduce view impacts whist providing the same level of amenity for occupants. The Applicant argues that the clearstory window will improve natural light and solar access into the main living areas given the northern neighbouring property casts shadow across the site. However, based upon the submitted shadow diagrams the north-facing living room windows will receive solar access from at least midday to 4:00pm, which complies with the RDCP. Therefore, a good level of amenity will be received and the clearstory window is an unnecessary element that if removed would improve views from surrounding properties. The clearstory window also contributes to bulk and scale, which if removed will improve the building’s relationship with the Foreshore Scenic Protection Area. A condition is therefore recommended to delete the clearstory window, and continue the low-profile pitched roof as per the front of the dwelling, with details to be submitted to Council and approved prior to CC.

In considering the 4 steps above established by the legal precedent, a reasonable level of views will be maintained subject to conditions.

10. Conclusion

That the application for demolition of existing dwellings at 18 & 20 Surfside Avenue, retention of garages at 20 Surfside Avenue, boundary adjustment between both properties, construction of new part 2 and part 3 storey dwelling at 18 Surfside Avenue, swimming pool to rear, new vehicular access and associated works be approved (subject to conditions) for the following reasons:

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

· The proposal is consistent with the specific objectives of the R2 Low Density Residential zone in that the proposed activity and built form will provide for the housing needs of the community, contribute to the desired future character of the area, protect the amenity of residents and encourage housing affordability.

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

Appendix 1: Referrals

Development Engineer and Landscape Officer

Drainage Comments

Development Engineering requires the Council stormwater pipeline to be extended in an easterly direction from the drainage pit located outside No 18 Surfside to in line with the western side boundary of No 18 Surfside Ave.

Footbridge Positive Covenant

At the request of Council’s Coordinator Engineering Services a condition has been included which requires a Positive Covenant placed on the Pedestrian Footbridge which is to be constructed along the site frontages. The positive covenant will place the onus on landowners to meet the ongoing maintenance requirements of the footbridge to Council’s satisfaction.

Tree Management Comments

There is a semi-mature Banksia integrifolia (Coastal Banksia) on the raised Council verge in front of no.18, then immediately to its west, in front of no.16, a slightly larger tree of the same species, which both appear in good health and condition, are endemic coastal species and are also protected by the DCP due to their location on public property.

Their true size seems to have been reduced due to past pruning, and along with other established street trees to their west, as a group, were observed to provide a contribution to the streetscape, a food and habitat source for native fauna, and most importantly, a ‘green-link’ with native vegetation in the nearby coastal reserve, so benefit the local environment.

All properties between and including no.18 to no.10 are landlocked, with no access to off-street parking at all, with this application to require lowering of the whole verge down to street level, demolition of all existing walls/structures and removal of street trees, which is then to be followed by the construction of a new crossing, excavated garage, retaining walls and public footpath.

Due to the site constraints here, there is simply no other alternative design that would allow off-street parking whilst still retaining these two trees, with the tree in front of no.18 being in direct conflict with the actual crossing, with the one in front of no.16 to be affected by the western splay wall and associated excavations, civil works and lowering of ground levels.

Given the significant scope and cost of works involved here, as well as the benefits that off-street parking provides to owners; and then considered against the importance of the trees; refusal of the application is not warranted in this case, and as such, conditions allow their removal, wholly at the applicant’s cost, which maintains consistency with the approval that was provided for DA/829/2015.

As replacement trees will not be possible back in this same area upon completion due to a lack of available space, a loss of amenity fee has also been imposed, with this specific fee to be directed towards the planting of additional street tree plantings elsewhere in the street and/or surrounding area to ensure there is no ‘net-loss’ of canopy cover.

Conditions also require that the applicant liaise with Council over the ability for low, native coastal grass type planting to be provided in the garden areas at street level, on either side of the new crossing, wholly at their cost, and to Council’s requirements, with the $20K bank guarantee imposed by the Development Engineer to ensure the desired outcome.

No objections are raised to removing any vegetation within the front setback of no.18, including the Bottlebrush and Camelia along the western boundary, or those in the rear setback, as well as the 4m tall Kentia Palm against the eastern wall of no.20, as part of demolition works, as shown.

Appendix 2: Applicant’s written request seeking to justify the contravention of the minimum subdivision lot size development standard

Appendix 3: DCP Compliance Table

Section C1: Low Density Residential

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

The relevant provisions of the DCP are addressed in the table below. (Note: a number of control provisions that are not related to the proposal have been deliberately omitted.)

DCP Clause	Controls	Proposal	Compliance
	Classification	Zoning = R2
2	Site planning
2.1	Minimum lot size and frontage
	Minimum lot size (RLEP): · R2 = 400sqm	Lot 1 = 289.5m² Lot 2 = 338.8m²	No. Refer to Section 7.
	Minimum frontage
	i) Min frontage R2 = 12m i) Min frontage R3 = 9m ii) No battle-axe or hatchet in R2 or R3 iii) Minimum frontage for attached dual occupancy in R2 = 15m iv) Minimum frontage for detached dual occupancy in R2 = 18m	Min = 12m Existing Lot 1 = 8.76m Proposed Lot 1 = 9.71m Existing Lot 2 = 20.73m (combined) to Surfside Ave, and 16.15m to Park St. Proposed Lot 2 = 19.77m (combined) to Surfside Ave, and 16.15m to Park St. Lot 1 does not comply, however the proposal results in this lot being widened by 0.95m, with the resulting lots remaining consistent with the subdivision pattern.	Lot 1 does not comply, however minor variation is supported.
2.3	Site coverage
	Up to 300 sqm = 60% 301 to 450 sqm = 55% 451 to 600 sqm = 50% 601 sqm or above = 45%	Lot 1 = 289.5m² Proposed = 60% (173m²)	Yes
2.4	Landscaping and permeable surfaces
	i) Up to 300 sqm = 20% i) 301 to 450 sqm = 25% ii) 451 to 600 sqm = 30% iii) 601 sqm or above = 35% iv) Deep soil minimum width 900mm. v) Maximise permeable surfaces to front vi) Retain existing or replace mature native trees vii) Minimum 1 canopy tree (8m mature). Smaller (4m mature) If site restrictions apply. viii) Locating paved areas, underground services away from root zones.	Lot 1 = 289.5m² Proposed = 24% (71.61m²)	Yes
2.5	Private open space (POS)
	Dwelling & Semi-Detached POS
	Up to 300 sqm = 5m x 5m 301 to 450 sqm = 6m x 6m 451 to 600 sqm = 7m x 7m 601 sqm or above = 8m x 8m	Lot 1 = 289.5m² Proposed = 5.6m x 6.5m	Yes
3	Building envelope
3.1	Floor space ratio LEP 2012 =	Site area = 289.5m². No maximum.	N/A
3.2	Building height
	Maximum overall height LEP 2012 =	Proposed = 8.5m	Yes
	i) Maximum external wall height = 7m (Minimum floor to ceiling height = 2.7m) ii) Sloping sites = 8m iii) Merit assessment if exceeded	The site has an approximate 8% slope from north to south, which is not significant. Therefore the 7m maximum wall height applies. The wall height is 7.3m at the front (south) of the site reducing to 5.9m at the rear (north). The minor variation is supported as it extends for a length of only 1.4m, and this section does not result in any adverse amenity impacts to neighbouring properties.	No, however minor variation is supported.
3.3	Setbacks
3.3.1	Front setbacks i) Average setbacks of adjoining (if none then no less than 6m) Transition area then merit assessment. ii) Corner allotments: Secondary street frontage: - 900mm for allotments with primary frontage width of less than 7m - 1500mm for all other sites iii) do not locate swimming pools, above-ground rainwater tanks and outbuildings in front	The area is considered to be transitioning from older housing stock to newer development. The proposed front setback is 3.8m to the elevated front facing balconies, which is consistent with the established setback along the northern side of Surfside Ave. The setback is supported given there is a large median separating the northern side of Surfside Ave to the street, and noting the façade is setback further than existing development, at 5.2m.	Yes
3.3.2	Side setbacks: Semi-Detached Dwellings: · Frontage less than 6m = merit · Frontage b/w 6m and 8m = 900mm for all levels Dwellings: · Frontage less than 9m = 900mm · Frontage b/w 9m and 12m = 900mm (Gnd & 1^st floor) 1500mm above · Frontage over 12m = 1200mm (Gnd & 1^st floor), 1800mm above. Refer to 6.3 and 7.4 for parking facilities and outbuildings	Minimum = 900mm ground and first floor, and 1500mm above. For the purpose of the control, the garage is contained within a “basement” as defined by the RLEP and is therefore not a storey. Part of the lower ground towards the frontage is not within a basement and is considered a storey. Therefore the front of the dwelling is considered to be 3 storeys, with two storeys at the rear. Lower ground = 0.95m Ground = 0.95m First = 1.6m The side setbacks therefore comply at the frontage. Towards the rear (two storeys) the side setback of the first floor exceeds the minimum 0.9m.	Yes
3.3.3	Rear setbacks i) Minimum 25% of allotment depth or 8m, whichever lesser. Note: control does not apply to corner allotments. ii) Provide greater than aforementioned or demonstrate not required, having regard to: - Existing predominant rear setback line - reasonable view sharing (public and private) - protect the privacy and solar access iii) Garages, carports, outbuildings, swimming or spa pools, above-ground water tanks, and unroofed decks and terraces attached to the dwelling may encroach upon the required rear setback, in so far as they comply with other relevant provisions. iv) For irregularly shaped lots = merit assessment on basis of:- - Compatibility - POS dimensions comply - minimise solar access, privacy and view sharing impacts Refer to 6.3 and 7.4 for parking facilities and outbuildings	Minimum = 7.5m Proposed = 6.3m (ground and first floors).	No – refer to Key Issues section.
4	Building design
4.1	General
	Respond specifically to the site characteristics and the surrounding natural and built context - · articulated to enhance streetscape · stepping building on sloping site, · no side elevation greater than 12m · encourage innovative design	The side elevations do exceed 12m in length (18m), however the side facades are well-articulated, with an increased setback to the first floor, projecting window frames, changes in materials and a visually interesting roof design (although the clearstory window is not supported – refer to View Sharing Key Issue). The building therefore responds well to the site characteristics, incorporating a lower ground floor that follows the contours of the site.	No, however minor variation is supported.
4.4	Roof Design and Features
	Rooftop terraces i) on stepped buildings only (not on uppermost or main roof) ii) above garages on sloping sites (where garage is on low side) Dormers iii) Dormer windows don’t dominate iv) Maximum 1500mm height, top is below roof ridge; 500mm setback from side of roof, face behind side elevation, above gutter of roof. v) Multiple dormers consistent vi) Suitable for existing Celestial windows and skylights vii) Sympathetic to design of dwelling Mechanical equipment viii) Contained within roof form and not visible from street and surrounding properties.	A roof terrace is proposed atop the garage towards the frontage, which is located at the low side of the site. No dormer windows are proposed. A clearstory window is proposed, which is sympathetic to the overall design. However, it is not supported for reasons related to view sharing (refer to Key Issues section).	Yes
4.5	Colours, Materials and Finishes
	i) Schedule of materials and finishes ii) Finishing is durable and non-reflective. iii) Minimise expanses of rendered masonry at street frontages (except due to heritage consideration) iv) Articulate and create visual interest by using combination of materials and finishes. v) Suitable for the local climate to withstand natural weathering, ageing and deterioration. vi) recycle and re-use sandstone (See also section 8.3 foreshore area.)	A standard condition shall ensure compliance with this part.	Complies, subject to condition.
4.6	Earthworks
	i) excavation and backfilling limited to 1m, unless gradient too steep ii) minimum 900mm side and rear setback iii) Step retaining walls. iv) If site conditions require setbacks < 900mm, retaining walls must be stepped with each stepping not exceeding a maximum height of 2200mm. v) sloping sites down to street level must minimise blank retaining walls (use combination of materials, and landscaping) vi) cut and fill for POS is terraced where site has significant slope: vii) adopt a split-level design viii) Minimise height and extent of any exposed under-croft areas.	Extensive excavation is proposed associated with the garage and the median in front of the dwelling to accommodate the driveway. Retaining walls along the side boundaries are stepped and do not exceed 2.2m.	Refer to Key Issues section for discussion on excavation / the proposed garage.
5	Amenity
5.1	Solar access and overshadowing
	Solar access to proposed development:
	i) Portion of north-facing living room windows must receive a minimum of 3 hrs direct sunlight between 8am and 4pm on 21 June ii) POS (passive recreational activities) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June.	Based on the submitted shadow diagrams, the proposed dwelling will receive compliant solar access.	Yes
	Solar access to neighbouring development:
	i) Portion of the north-facing living room windows must receive a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. iv) POS (passive recreational activities) receive a minimum of 3 hrs of direct sunlight between 8am and 4pm on 21 June. v) solar panels on neighbouring dwellings, which are situated not less than 6m above ground level (existing), must retain a minimum of 3 hours of direct sunlight between 8am and 4pm on 21 June. If no panels, direct sunlight must be retained to the northern, eastern and/or western roof planes (not <6m above ground) of neighbouring dwellings. vi) Variations may be acceptable subject to a merits assessment with regard to: · Degree of meeting the FSR, height, setbacks and site coverage controls. · Orientation of the subject and adjoining allotments and subdivision pattern of the urban block. · Topography of the subject and adjoining allotments. · Location and level of the windows in question. · Shadows cast by existing buildings on the neighbouring allotments.	Based on the submitted shadow diagrams, the proposed dwelling will not additionally overshadow neighbouring properties.	Yes
5.2	Energy Efficiency and Natural Ventilation
	i) Provide day light to internalised areas within the dwelling (for example, hallway, stairwell, walk-in-wardrobe and the like) and any poorly lit habitable rooms via measures such as: · Skylights (ventilated) · Clerestory windows · Fanlights above doorways · Highlight windows in internal partition walls i) Where possible, provide natural lighting and ventilation to any internalised toilets, bathrooms and laundries ii) living rooms contain windows and doors opening to outdoor areas Note: The sole reliance on skylight or clerestory window for natural lighting and ventilation is not acceptable	Daylight will be provided to all internal areas.	Yes
5.3	Visual Privacy
	Windows
	i) proposed habitable room windows must be located to minimise any direct viewing of existing habitable room windows in adjacent dwellings by one or more of the following measures: - windows are offset or staggered - minimum 1600mm window sills - Install fixed and translucent glazing up to 1600mm minimum. - Install fixed privacy screens to windows. - Creating a recessed courtyard (minimum 3m x 2m). ii) orientate living and dining windows away from adjacent dwellings (that is orient to front or rear or side courtyard)	West-facing ground floor windows are obscured, and louvers are proposed across first floor living room windows. A standard condition is recommended to ensure that the louvers to the first floor are either appropriately spaced or angled to prevent direct overlooking of the western neighbouring property windows and POS. Some east-facing windows at the ground floor are not obscured and will overlook the eastern neighbouring property. However, as no dwelling is proposed on Lot 2, any future dwelling on this allotment will need to ensure appropriate privacy measures are provided to west-facing windows and therefore, no privacy treatment is necessary for these windows. Like the first floor west-facing living room windows, the first floor east-facing windows are provided with louvers. A condition is recommended to ensure these are appropriately spaced to prevent potential future overlooking. Unlike the recommended standard condition for the first floor louvers on the western façade that also allow the option of angled louvers, the condition for the eastern louvers cannot require an angle to be provided as no dwelling is proposed on Lot 2, and therefore it is not known where future windows or POS might be located. The north-facing ground floor windows will not directly overlook neighbouring properties. The first floor windows comply with the minimum rear setback and therefore, no privacy treatment is deemed necessary.	Yes, subject to conditions.
	Balcony
	iii) Upper floor balconies to street or rear yard of the site (wrap around balcony to have a narrow width at side) iii) minimise overlooking of POS via privacy screens (fixed, minimum of 1600mm high and achieve minimum of 70% opaqueness (glass, timber or metal slats and louvers) iv) Supplementary privacy devices: Screen planting and planter boxes (Not sole privacy protection measure) v) For sloping sites, step down any ground floor terraces and avoid large areas of elevated outdoor recreation space.	Ground and first floor balconies are proposed fronting the street. Full-height, solid privacy screens are proposed to the eastern and western sides that add to unnecessary bulk and scale. Therefore, a condition is recommended so that these screens are fixed, comprising louvers that are 1.6m high. A first floor, rear-facing balcony is also proposed off the open plan living / dining room. As this balcony does not comply with the minimum rear setback, it has the potential to result in adverse visual and acoustic privacy impacts to neighbouring properties. It is therefore recommended to be deleted via condition.	Yes, subject to conditions.
5.4	Acoustic Privacy
	i) noise sources not located adjacent to adjoining dwellings bedroom windows Attached dual occupancies ii) Reduce noise transmission between dwellings by: - Locate noise-generating areas and quiet areas adjacent to each other. - Locate less sensitive areas adjacent to the party wall to serve as noise buffer.	A swimming pool is proposed in the rear yard close to the northern rear boundary, which is contiguous with neighbouring POS to the west. The adjoining property to the north at 18 Park St is orientated east to west, and therefore the shared boundary is this property’s side boundary. Having reviewed approved drawings, the ground floor comprises the living rooms with bedrooms located on the first floor. Therefore, the proposed swimming pool will not be directly adjacent to any neighbouring bedroom windows.	Yes
5.5	Safety and Security
	i) dwellings main entry on front elevation (unless narrow site) ii) Street numbering at front near entry. iii) 1 habitable room window (glazed area min 2 square metres) overlooking the street or a public place. iv) Front fences, parking facilities and landscaping does not to obstruct casual surveillance (maintain safe access)	Main entry at the front. Good surveillance will be provide with no obstructions.	Yes
5.6	View Sharing
	i) Reasonably maintain existing view corridors or vistas from the neighbouring dwellings, streets and public open space areas. ii) retaining existing views from the living areas are a priority over low use rooms iii) retaining views for the public domain takes priority over views for the private properties iv) fence design and plant selection must minimise obstruction of views v) Adopt a balanced approach to privacy protection and view sharing vi) Demonstrate any steps or measures adopted to mitigate potential view loss impacts in the DA. (certified height poles used)	Potential for view loss from neighbouring properties. Refer to Key Issues section.	Refer to Key Issues section.
6	Car Parking and Access
6.1	Location of Parking Facilities:
	i) Maximum 1 vehicular access ii) Locate off rear lanes, or secondary street frontages where available. iii) Locate behind front façade, within the dwelling or positioned to the side of the dwelling. Note: See 6.2 for circumstances when parking facilities forward of the front façade alignment may be considered. iv) Single width garage/carport if frontage <12m; Double width if: - Frontage >12m, - Consistent with pattern in the street; - Landscaping provided in the front yard. v) Minimise excavation for basement garages vi) Avoid long driveways (impermeable surfaces)	1 access is proposed. The garage is located forward of the main façade (refer to assessment against Cl 6.2 further below). The frontage is >12m and a double garage is proposed. Notwithstanding, the garage is located within a basement, and will not be a prominent built element and which is consistent with the active development consent DA/829/2015 (refer to Key Issues for discussion).	Refer to Key Issues section for discussion on the garage and access.
6.2	Parking Facilities forward of front façade alignment (if other options not available)
	i) The following may be considered: - An uncovered single car space - A single carport (max. external width of not more than 3m and - Landscaping incorporated in site frontage ii) Regardless of the site’s frontage width, the provision of garages (single or double width) within the front setback areas may only be considered where: - There is no alternative, feasible location for accommodating car parking; - Significant slope down to street level - does not adversely affect the visual amenity of the street and the surrounding areas; - does not pose risk to pedestrian safety and - does not require removal of significant contributory landscape elements (such as rock outcrop or sandstone retaining walls)	A garage is proposed forward of the main façade. However, this is supported noting the unique characteristics of the site and the requirement to excavate a median to provide vehicular access. The garage is located within a basement and will not be a dominant element within the streetscape, with landscaping proposed as part of the site and the median to help visually soften the appearance. Refer to Key Issues section for discussion.	No, refer to Key Issues section.
6.3	Setbacks of Parking Facilities
	i) Garages and carports comply with Sub-Section 3.3 Setbacks. ii) 1m rear lane setback iii) Nil side setback where: - nil side setback on adjoining property; - streetscape compatibility; - safe for drivers and pedestrians; and - Amalgamated driveway crossing	The basement garage complies with side setback requirements.	Yes
6.4	Driveway Configuration
	Maximum driveway width: - Single driveway – 3m - Double driveway – 5m Must taper driveway width at street boundary and at property boundary	A very minimal driveway length is proposed given the basement garage is almost located on the boundary. The driveway and crossover is 5.1m in width, which is acceptable given the unique characteristics of the site and the extent of landscape screening proposed.	No, however minor variation is supported.
6.5	Garage Configuration
	i) recessed behind front of dwelling ii) The maximum garage width (door and piers or columns): - Single garage – 3m - Double garage – 6m iii) 5.4m minimum length of a garage iv) 2.6m max wall height of detached garages v) recess garage door 200mm to 300mm behind walls (articulation) vi) 600mm max. parapet wall or bulkhead vii) minimum clearance 2.2m AS2890.1	The double garage is located forward of the dwelling. Refer to Key Issues section for discussion. The double garage door width is 5.1m and is recessed. The garage length is 6.9m and will comply with relevant Australian Standards.	Refer to Key Issues section for discussion on garage.
7	Fencing and Ancillary Development
7.1	General - Fencing
	i) Use durable materials ii) sandstone not rendered or painted iii) don’t use steel post and chain wire, barbed wire or dangerous materials iv) Avoid expansive surfaces of blank rendered masonry to street	Some fencing is proposed towards the frontage comprising stepped retaining walls on the side, and solid front fence. The extent of solid fencing to the street is not supported and a condition is recommended to ensure compliance with the RDCP.	Yes, subject to condition.
7.2	Front Fencing
	i) 1200mm max. (Solid portion not exceeding 600mm), except for piers. - 1800mm max. provided upper two-thirds partially open (30% min), except for piers. ii) light weight materials used for open design and evenly distributed iii) 1800mm max solid front fence permitted in the following scenarios: - Site faces arterial road - Secondary street frontage (corner allotments) and fence is behind the alignment of the primary street façade (tapered down to fence height at front alignment). Note: Any solid fences must avoid continuous blank walls (using a combination of materials, finishes and details, and/or incorporate landscaping (such as cascading plants)) iv) 150mm allowance (above max fence height) for stepped sites v) Natural stone, face bricks and timber are preferred. Cast or wrought iron pickets may be used if compatible vi) Avoid roofed entry portal, unless complementary to established fencing pattern in heritage streetscapes. vii) Gates must not open over public land. viii) The fence must align with the front property boundary or the predominant fence setback line along the street. ix) Splay fence adjacent to the driveway to improve driver and pedestrian sightlines.	A solid 1m high front fence is proposed. Considering the extent of retaining walls required associated with the vehicular access, the solid front fence is not supported. A condition is recommended to ensure that the front fence is an open design and evenly distributed.	Yes, subject to condition.
7.3	Side and rear fencing
	i) 1800mm maximum height (from existing ground level). Sloping sites step fence down (max. 2.2m). ii) Fence may exceed max. if level difference between sites iii) Taper down to front fence height once past the front façade alignment. iv) Both sides treated and finished.	None proposed.	N/A
7.5	Swimming pools and Spas
	i) Locate behind the front building line ii) Minimise damage to existing tree root systems on subject and adjoining sites. iii) Locate to minimise noise impacts on the adjoining dwellings. iv) Pool and coping level related to site topography (max 1m over lower side of site). v) Setback coping a minimum of 900mm from the rear and side boundaries. vi) Incorporate screen planting (min. 3m mature height unless view corridors affected) between setbacks. vii) Position decking to minimise privacy impacts. viii) Pool pump and filter contained in acoustic enclosure and away from the neighbouring dwellings.	The swimming pool is located within the rear yard and is not directly adjacent to neighbouring bedrooms. The pool coping is setback 0.7m from the rear and side boundaries, which does not comply. A condition is therefore recommended to ensure the pool coping setback is compliant. A pool pump enclosure is not shown, therefore a condition is recommended to ensure compliance with this part. A deck is proposed adjacent to the pool. It is not raised and will not result in adverse amenity impacts.	Yes, subject to conditions.
7.6	Air conditioning equipment
	i) Minimise visibility from street. ii) Avoid locating on the street or laneway elevation of buildings. iii) Screen roof mounted A/C from view by parapet walls, or within the roof form. iv) Locate to minimise noise impacts on bedroom areas of adjoining dwellings.	A condition is recommended to ensure compliance with this part.	Yes, subject to condition.
7.7	Communications Dishes and Aerial Antennae
	i) Max. 1 communications dish and 1 antenna per dwelling. ii) Positioned to minimise visibility from the adjoining dwellings and the public domain, and must be: - Located behind the front and below roof ridge; - minimum 900mm side and rear setback and - avoid loss of views or outlook amenity iii) Max. 2.7m high freestanding dishes (existing).	None proposed.	N/A
7.8	Clothes Drying Facilities
	i) Located behind the front alignment and not be prominently visible from the street	A condition is recommended to ensure that clothes drying facilities shall be located within the rear yard.	Yes, subject to condition.

Section B10: Foreshore Scenic Protection Area

DCP Clause

Controls

Proposal

Compliance

i) Consider visual presentation to the surrounding public domain, including streets, lanes, parks, reserves, foreshore walkways and coastal areas. All elevations visible from the public domain must be articulated.

ii) Integrated outbuildings and ancillary structures with the dwelling design (coherent architecture).

iii) Colour scheme complement natural elements in the coastal areas (light toned neutral hues).

iv) Must not use high reflective glass

v) Use durable materials suited to coast

vi) Use appropriate plant species

vii) Provide deep soil areas around buildings

viii) Screen coping, swimming and spa pools from view from the public domain.

ix) Integrate rock outcrops, shelves and large boulders into the landscape design

x) Any retaining walls within the foreshore area (that is, encroaching upon the Foreshore Building Line) must be constructed or clad with sandstone.

Compliant deep soil areas are provided, and conditions are recommended to ensure landscaping is suitably provided as part of the median to Council’s satisfaction, and that an appropriate colours and materials schedule is submitted.

Complies, subject to conditions.

Attachment/s:

1.⇩

Dev Consent Conditions (dwellings dual occ) - DA/381/2019 - 18-20 Surfside Avenue, Clovelly

Responsible officer: William Jones, Senior Environmental Planning Officer

File Reference: DA/381/2019

Dev Consent Conditions (dwellings dual occ) - DA/381/2019 - 18-20 Surfside Avenue, Clovelly

Attachment 1

Development Consent Conditions

(dwellings and dual occupancies)

Folder /DA No:	DA/381/2019
Property:	18-20 Surfside Avenue, CLOVELLY NSW 2031
Proposal:	Demolition of existing dwellings at 18 & 20 Surfside Avenue, retention of garages at 20 Surfside Ave, boundary adjustment between both properties, construction of new 3 storey dwelling at 18 Surfside Avenue plus lower level garages, swimming pool to rear and associated works.
Recommendation:	Approval

Development Consent Conditions

GENERAL CONDITIONS

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

Approved Plans & Supporting Documentation

*Plan*	*Drawn by*	*Dated*
DA 100 Rev B	Philip Leamon & Associates	18 September 2019
DA 102 Rev B	Philip Leamon & Associates	18 September 2019
DA 120 Rev B	Philip Leamon & Associates	18 September 2019
DA 130 Rev B	Philip Leamon & Associates	18 September 2019
DA 131 Rev B	Philip Leamon & Associates	18 September 2019
DA 132 Rev B	Philip Leamon & Associates	18 September 2019
DA 133 Rev B	Philip Leamon & Associates	18 September 2019
DA 190 Rev B	Philip Leamon & Associates	18 September 2019
DA 201 Rev B	Philip Leamon & Associates	18 September 2019
DA 202 Rev B	Philip Leamon & Associates	18 September 2019
DA 200 Rev B	Philip Leamon & Associates	18 September 2019
DA 203 Rev B	Philip Leamon & Associates	18 September 2019
DA 300 Rev B	Philip Leamon & Associates	18 September 2019
DA 305 Rev B	Philip Leamon & Associates	18 September 2019
DA 306 Rev B	Philip Leamon & Associates	18 September 2019
DA 400 Rev B	Philip Leamon & Associates	18 September 2019
19-13-DA	Bondi Landscapes	Received by Council on 15 July 2019
9882-19	Paul A. Lawson	24 June 2019

*BASIX Certificate No.*	*Dated*
1010450S_02	3 October 2019

Amendment of Plans & Documentation

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

a) The first-floor louvers on the western and eastern façades shall be constructed with either:

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

b) The north-facing, first floor balcony shall be deleted.

c) The solid, full height walls to the eastern and western sides of the south-facing, ground and first floor balconies shall be deleted and replaced with fixed privacy screens 1.6m high measured above the FFL of the balconies. The privacy screens shall be constructed with either:

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

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

d) The solid front fence is not approved. The front fence shall have a maximum height of 1200mm, as measured from the footpath level, with the solid portion not exceeding 600mm, except for piers, and the non-solid portion of the fence shall comprise light-weight materials (such as timber panels, slats or the like) that are at least 30% open and evenly distributed along the full length of the fence.

e) The swimming pool coping shall be setback 900mm from the rear and side boundaries.

Clearstory Window / Roof

3. The clearstory window shall be deleted and the low-profile pitched roof subsequently continued towards the south with a maximum RL of 32.94. Details shall be submitted to and approved by Council’s Manager, Development Assessments prior to the issue of a Construction Certificate.

Use of Existing Garage

4. The existing garage at 20 Surfside Avenue shall not be used for any commercial and/or industrial purposes.

Pool Pump / Filter

5. The pool pump and filter shall be contained in acoustically rated enclosure away from neighbouring dwellings.

Clothes Drying Facilities

6. Clothes drying facilities shall be located within the rear yard.

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

Consent Requirements

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

External Colours, Materials & Finishes

8. 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.

Section 7.12 Development Contributions

9. In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $1,355,106 the following applicable monetary levy must be paid to Council: $13,551.05.

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

IDC = ODC x CP2/CP1

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

Compliance Fee

10. A development compliance and enforcement fee of $1,355.10 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.

Long Service Levy Payments

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

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

Security Deposit

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

· $20,000.00 - Damage / Civil Works Security Deposit

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

Note: If a Bank Guarantee is lodged for the $20,000.00 then there is to be no expiry date on the Bank Guarantee

Sydney Water

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

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met.

If suitable, the plans will be appropriately stamped. For details please refer to the Sydney Water web site at www.sydneywater.com.au for:

· Quick Check agents details - see Building and Developing then Quick Check and

· Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Development then Building and Renovating, or telephone 13 20 92.

The Principal Certifier must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans.

Construction & Structural Details

14. Prior to the issuing of a Construction Certificate the applicant is to have approved by Council’s Coordinator Engineering Services full construction details for all works on Council’s road reserve. The applicant may wish to liaise with Council’s Coordinator (prior to lodging the construction details for the works.

The following construction details are to be to Council’s standards, specification and requirements:

New kerb, gutter, layback and minimum 1.00m wide road reknit along the full scope of the site works

Extension of Council’s stormwater pipeline in Surfside Ave, from the existing drainage pit opposite the eastern side boundary of No 18 Surfside Ave, to in line with the western side boundary of No 18 Surfside Ave.

New Council driveway details including grades not exceeding 1:10 (10%), the headroom clearance (minimum of 2.20m as per AS/2890.1:2004) from underside of Council footpath to the Council driveway at right angles to the driveway. In particular at all points along the eastern edge of the Council driveway servicing No 18 Surfside Ave. The Council approved driveway design will determine the garage slab level at the sites front boundary.

Note: New Footpath details which are to include a clear travel width of 1.40m along the full scope of the works as well as proposed finished levels. Also proposed step details with 150mm rises and 300mm treads located outside No 20 Surfside Ave.

Balustrade details including on the footpath bridge, which is to be 1.40m high and of bicycle safety standard. Handrail details for steps outside No 20 Surfside Ave.

Retaining Wall details shall include proposed finishes on the walls, wall heights. Note: planter box walls adjacent to the Council driveways and roadway should not to exceed a height of 150mm above the adjacent driveway/roadway level.

Location of re-installed No Parking/Stopping signs outside No 18 Surfside Avenue.

Note: Council may charge the applicant a checking fee for reviewing the construction detail plans.

15. Prior to the issuing of a Construction Certificate the applicant is to have submitted to Council’s Coordinator Engineering Services full structural details for the work to be carried out on Council property this shall include pier & footing details, footpath details, step details and driveway details. The details are to be designed by a qualified structural engineer.

Note: The proposed suspended Council footpath along the site frontage of No 18 Surfside is to be designed so as to be structurally independent from the developed site’s front walls and so as to allow the footpath to be easily removed if required, without causing structural damage to the redeveloped site frontage. An independent structural engineer shall certify the design prior to the issuing of a Construction Certificate by the Principal Certifier.

Street Tree Management

16. The applicant must submit a payment of $2,276.80 (GST inclusive) to cover the following costs:

a. For Council to remove, stump-grind and dispose of the two Banksia integrifolia (Coastal Banksia’s) from the raised Surfside Avenue verge, being one in front of no.18, and one in front of no.16, so as to allow for the major excavations, lowering of ground levels and associated civil works that are shown for this same area and must be completed prior to the commencement of any site works;

b. A loss of amenity fee in recognition that the only reason these established native coastal trees are being removed from public property is to accommodate the development of private property, with replacements not possible back in this same location given the extent of works, with this fee to be used towards the planting of new street trees elsewhere in the street or surrounding area.

This fee must be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre prior to the issue of a Construction Certificate.

The applicant must contact Council’s Landscape Development Officer on 9093-6613 (quoting the receipt number), and giving a minimum of 6 working weeks-notice (allow longer for public holidays or extended periods of rain) to arrange for removal of the street trees prior to the commencement of site works, as well as upon completion.

After this, any further enquiries regarding scheduling/timing or completion of tree works are to be directed to Council’s North Area Tree Preservation & Maintenance Coordinator on 9093-6963.

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

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

Compliance with the Building Code of Australia & Relevant Standards

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

BASIX Requirements

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

Site seepage & Dewatering

19. Sub-soil drainage (from site seepage & planter boxes etc) must comply with the following requirements:

a) Sub-soil drainage must not be connected or discharged directly or indirectly to Council’s street gutter.

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

c) Sub-soil drainage systems (if provided) must comply with one or a combination of the following requirements:-

i. The sub-soil drainage system/s may be connected directly to Council’s underground drainage system.

ii. Any sub-soil drainage systems must be restricted from entering the basement areas of the buildings and the stormwater drainage system, by tanking/waterproofing the basement areas of the building.

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

Certification and Building Inspection Requirements

20. 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 Certifier (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 Certifier; and

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

Home Building Act 1989

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

Dilapidation Reports

22. A dilapidation report must be obtained from a Professional Engineer, Building Surveyor or other suitably qualified independent person, in the following cases:

· excavations for new dwellings, additions to dwellings, swimming pools or other substantial structures 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 other substantial structures 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 Certifier.

The dilapidation report shall include details of the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises and shall include relevant photographs of the structures, to the satisfaction of the Principal Certifier.

Construction Noise & Vibration Management Plan

23. 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 EPA Guidelines must be satisfied at all times.

A Construction Noise Management Plan, prepared in accordance with the NSW EPA Construction Noise Guideline 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 Certifier and Council prior to the commencement of works on site.

Construction Site Management Plan

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

· location and construction of protective site fencing / hoardings;

· location of site storage areas/sheds/equipment;

· location of building materials for construction;

· provisions for public safety;

· dust control measures;

· details of proposed sediment and erosion control measures;

· site access location and construction

· details of methods of disposal of demolition materials;

· protective measures for tree preservation;

· location and size of waste containers/bulk bins;

· provisions for temporary stormwater drainage;

· construction noise and vibration management;

· construction traffic management details;

· provisions for temporary sanitary facilities.

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

Demolition Work

25. Demolition Work must be carried out in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant work health and safety requirements.

A Demolition Work Plan must be prepared for the demolition works which should be submitted to the Principal Certifier (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.

Demolition & Construction Waste Plan

26. A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development.

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 1300 722 542.

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.

Construction Traffic Management

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

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

· A description of the demolition, excavation and construction works

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

· Any proposed road and/or footpath closures

· Proposed site access locations for personnel, deliveries and materials

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

· Provision for loading and unloading of goods and materials

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

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

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

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

· Measures to maintain public safety and convenience

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

29. The applicant is to liaise with Council’s Integrated Transport Department to see if a ‘Works Zone’ can be provided at an acceptable location for the duration of the demolition & construction works.

Boundary Adjustment/Subdivision

30. Following demolition of the existing dwellings and prior to commencement of building works for the new dwelling, the applicant is to have approved by Council a Subdivision Certificate endorsing the proposed boundary adjustment between 18 & 20 Surfside Avenue.

Sydney Water

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

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

A Section 73 Compliance Certificate must be completed before a subdivision certificate will be issued.

Civil Works

32. A separate written approval from Council is required to be obtained in relation to all works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.

All works within the road reserve/public place must be carried out to the satisfaction of Council. Certification from a certified practicing engineer is to be provided to Council upon completion of the relevant stages of construction works.

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

33. The applicant is to have their own licensed contractor/builder construct all works as shown on the approved Construction Detail Plan. The applicant’s contractor/builder shall notify Council’s Coordinator Engineering Services prior to the commencement of any demolition/building works and also provide a time frame for relevant stages of construction works.

34. The contractor engaged to undertake the works must hold full public liability in relation to any claims sustained as a result of the works.

The contractor must keep a policy of public risk insurance with respect to the works on Council property. The limit of public risk shall be not less than $20,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount, which may be paid arising out of any one single accident or event.

NOTES:

a. The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or working within the Napper Street road reserve in the area adjacent to the subject works.

b. The policy must name the Council as the owner and the contractors undertaking the work as the insured and must contain a clause that the insurer will not change the insurance without first giving the Council ten (10) days prior written notice.

The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be submitted to Council prior to the commencement of work on Council property.

Public Utilities

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

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

Demolition & Construction Waste

37. A Demolition and Construction Waste Management Plan (WMP) must be developed and implemented for the development.

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.

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

Inspections during Construction

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

Site Signage

39. 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 Certifier,

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

Restriction on Working Hours

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

Activity

Permitted working hours

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

· Monday to Friday - 7.00am to 5.00pm

· Saturday - 8.00am to 5.00pm

· Sunday & public holidays - No work permitted

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

· Monday to Friday - 8.00am to 5.00pm

· Saturday - No work permitted

· Sunday & public holidays - No work permitted

Removal of Asbestos Materials

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

· Occupational Health & Safety legislation and WorkCover NSW requirements

· Randwick City Council’s Asbestos Policy

· A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos assessor or other competent person), must be provided to Council and the Principal Certifier 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.

Excavations, Back-filling & Retaining Walls

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

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

Support of Adjoining Land

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

44. Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifier:

· when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

· when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (e.g. semi-detached or terrace dwelling);

· when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land;

· as may be required by the Principal Certifier.

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifier.

Sediment & Erosion Control

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

Details of the sediment and erosion control measures to be implemented on the site must be included in with the Construction Management Plan and be provided to the Principal Certifier and Council. A copy must also be maintained on site and be made available to Council officers upon request.

Public Safety & Site Management

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

a) Public access to the building site and materials must be restricted by existing boundary fencing or temporary site fencing having a minimum height of 1.5m, to Council’s satisfaction.

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

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

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

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

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

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

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

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

h) 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. Please contact Council’s Road/Asset Openings officer on 9093 6691 for further details.

i) 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.

Site Signage

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

· name, address and telephone number of the Principal Certifier,

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

Survey Requirements

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

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

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

· as otherwise may be required by the PCA.

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

Building Encroachments

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

Road/Asset Opening Permit

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

b) Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 1300 722 542 during business hours), to enable any necessary inspections or works to be carried out.

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

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

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

Traffic Management

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

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

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

Stormwater Drainage

54. Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the Principal Certifier.

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

Landscaping

55. Landscaping shall be provided throughout no.18 to enhance its amenity and reduce the impact of the development upon both the streetscape and neighbouring properties, with a high quality selection and arrangement of decorative species that are not reliant on high quantities of moisture and fertilizer for survival, and can withstand salt laden winds to be provided throughout both the front and rear setbacks so as to assist with presentation of the development to the streetscape.

Vegetation

56. Approval is granted for the removal of any vegetation within the front setback of no.18, including the Bottlebrush and Camelia along the western boundary, as well as those in the rear setback, along with the Kentia Palm against the eastern dwelling wall of no.20, as part of works that have been shown for these same areas.

Landscaping of Surfside Avenue

57. As part of the approved external civil works, the applicant must also liaise with Council’s Landscape Development Officer (9093-6613) over the extent of landscaping and planting (if any) to be provided within the two separate garden beds on either side of the new vehicle crossing, at street level, so as to assist with integration of this development into the streetscape, and will be wholly at the applicant’s cost, and completed to Council’s satisfaction, prior to any Occupation Certificate. In this regard, Council may even request that additional details and a Concept Plan be provided to ensure compliance.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

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

Occupation Certificate Requirements

58. An Occupation Certificate must be obtained from the Principal Certifier 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.

BASIX Requirements & Certification

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

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

Swimming Pool Safety

60. Swimming pools are to be designed and installed in accordance with the relevant requirements of the Building Code of Australia and be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and the Swimming Pools Regulation 2008.

The swimming pool is to be surrounded by a child-resistant barrier (e.g. fence), that separates the pool from any residential building (as defined in the Swimming Pools Act 1992) that is situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with Australian Standard AS 1926.1 – 2012 (Swimming Pool Safety Part 1 - Safety Barriers for Swimming Pools).

Gates to pool area must be self-closing and latching at all times and, the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the Principal Certifier.

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

Swimming Pool & Spa Pool Requirements

61. Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

a) Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

a) All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

b) Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010: Swimming Pool Safety – Water Recirculation and Filtration Systems; and

c) Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

Notification of Swimming Pools & Spa Pools

62. The owner of the premises must ‘register’ the swimming pool [or spa pool] on the NSW Swimming Pool Register, in accordance with the Swimming Pools Act 1992.

The Swimming Pool Register is administered by the NSW Office of Local Government and registration on the Swimming Pool Register may be made on-line via their website www.swimmingpoolregister.nsw.gov.au.

Registration must be made prior to the issue of an Occupation Certificate for the pool and a copy of the NSW Swimming Pool Certificate of Registration must be forwarded to the Principal Certifier and Council accordingly.

Street and/or Sub-Address Numbering

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

Council’s Infrastructure, Vehicular Crossings & Road Openings

64. Prior to the issuing of any form of Occupation Certificate the applicant is to have obtained written approval from Council’s Coordinator Engineering Services that all of civil work requirements on Council’s road reserve, as per the Construction Detail Plan, have been constructed to Council’s satisfaction and that all certification details have been submitted to Council.

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

Stormwater Drainage

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

Landscaping of Public Property

67. Prior to Occupation Certificate, written approval from Council’s Landscape Development Officer (9399-0613) must be submitted to, and be approved by, the PCA, confirming that all landscape works/planting on public property in Surfside Avenue has been inspected, and that it has been completed in accordance with any approved plan and conditions of consent.

Landscaping of Private Property

68. The PCA must also ensure that landscaping within no.18 has been installed in accordance with any approved plan and relevant conditions of consent, prior to any Occupation Certificate, with the owner to maintain it in a healthy and vigorous state until maturity.

Pedestrian Footbridge Positive Covenant

69. Prior to the issuing of any form of Occupation Certificate the applicant/owners of the subject properties are to have a “positive covenant" (under section 88E of the Conveyancing Act 1919) placed on the title of the subject properties to ensure that all supporting elements of the footbridge including balustrading, retaining walls and approved signage are maintained and repaired by the proprietors to Council’s requirements. Such positive covenant shall not be released, varied or modified without the consent of the Council.

Notes:

a) The “positive covenant” is to be to the satisfaction of Council. A copy of Council’s wording for the positive covenant may be obtained from Council’s Development Engineer Coordinator.

b) A works as executed plan for the Construction Detail Plans (works carried out on Council property, must be submitted to Council prior to the “positive covenant” being executed by Council.

OPERATIONAL CONDITIONS

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

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

External Lighting

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

Waste Management

71. Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

Plant & Equipment – Noise Levels

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

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

Swimming/Spa Pools

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

· before 8.00am or after 8.00pm on any Sunday or public holiday; or

· before 7.00am or after 8.00pm on any other day.

Air Conditioners

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

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

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

Rainwater Tanks

75. The operation of plant and equipment associated with rainwater tanks 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.

Landscaping

76. All planting installed as part of these works must be maintained in a healthy and vigorous state, in accordance with the approved plan, and wholly at the subject residents cost, for the life of the development.

GENERAL ADVISORY NOTES

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

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million. Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence. Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

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

§ An Accredited Certifier or Council has been appointed as the Principal Certifier for the development,

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

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.