Agenda of Randwick Local Planning Panel

Outcome/Direction	Delivery Program actions
Outcome	4. Excellence in urban design and development.
Direction	4b. New and existing development is managed by a robust framework.

Randwick Local Planning Panel meeting9 July 2020

Development Application Report No. D34/20

Subject: 18 Jenner Street, Little Bay (DA/598/2019)

Proposal: Construction of an in-ground swimming pool with associated landscaping

Ward: South Ward

Applicant: Roberta Courtney

Owner: Roberta Courtney

Cost of works: $90 000

Reason for referral: Demolition of heritage item

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. 598/2019 for the installation of swimming pool and associated landscaping at No. 18 Jenner Street, Little Bay subject to the development consent conditions attached to this report.

Subject Site

Submissions received

North

Locality Plan

1. Executive summary

The application is referred to the Randwick Local Planning Panel (RLPP) as:

· The development involves works to an existing heritage item.

The proposal seeks development consent for the installation of a swimming pool and landscaping.

The key issues associated with the proposal relate to the impact that the development may have upon the heritage significance of the site and the amenity of the adjoining properties.

The proposal is recommended for approval subject to non-standard conditions that relate to archaeological relics, site protection and aboriginal objects, and also a condition to require the swimming pool coping level to be reduced to maintain privacy into the adjoining properties.

2. Site Description and Locality

The subject site is an irregular shaped lot at the end of the Jenner Street with a frontage of 17.7m with side boundaries varying from 14.76m to that northern side and 39.25m at the southern side boudaries. The site has an area of 657m² and is relatively level. At present there is a one and two storey dwelling on the site. See extract of the site survey below.

The site is located within the Prince Henry Hospital Site heritage conservation area under Randwick Local Environmental Plan 2012. The site and a number of buildings on it are listed on the State Heritage Register for its Aboriginal, natural, landscape and built heritage values. The building is located within the Historic Precinct within the former Hospital site, which is also listed as a heritage item under Randwick LEP 2012.

The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan and Development Control Plan for residential use of the previous hospital site.

Photos of the rear yard of the site and the location of the proposed swimming pool, the location of the pool has been approximated on site as setout below.

3. Relevant history

Nos. 18 & 20 Jenner Street were formerly occupied by Artisans’ Cottage Nos. 8 and 9, constructed in 1888, to provide married staff residences. Artisans’ Cottages Nos. 4, 5, 6 and 7, comprising a further two semi-detached pairs remain at Nos. 22 - 24 and Nos. 26 - 28 Jenner Street.

DA/922/2004 was approved for demolition of Artisans’ Cottages 8 and 9, which were in very poor condition.

DA/94/2006 was approved for construction of 4 x new semi-detached two storey cottages and additions to and refurbishment of the existing four existing Artisans cottages.

4. Proposal

The proposal seeks development consent for the installation of a swimming pool within the rear yard of the site including paving to the pool surrounds, landscaping and perimeter screening landscaping to the rear boundary. The pool and paving are proposed to be up to 600mm above existing ground level so as to be at the same level as the existing paved and lawn area off the side of the dwelling.

Location of swimming pool

Sections of proposed swimming pool

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:

Issue

Comment

Prince Henry at Little Bay Community Association

-There is a lack of heritage information submitted with the application.

-There is a lack of structural information with the application and concerns regarding the stability of the nearby heritage wall in relation to the site works and additional loads imposed by the installation of the swimming pool.

-The applicant has not followed the correct process in seeking the consent of the Community Associate before the development application was lodged,

55 Gubbuteh Road Little Bay

-The application has not provided enough information to demonstrate that there will not be any impacts to the adjoining heritage wall in relation to structural impacts.

-There are concerns that adjoining heritage items may be damaged during building works.

-Any heritage office approval should be made available for viewing by interested parties.

-There are concerns in relation to landscaping proposed not being in keeping with the recommended indigenous species as detailed in the Prince Henry Design Guidelines.

-The prescribed process for Development Applications at the Prince Henry site has not been followed.

116/1 Pavilon Drive Little Bay

-Concerns in relation to visual and acoustic privacy because of the use and location of the swimming pool. The raised level of the swimming pool will result in overlooking into their property which may not be prevented by the nominated screening plants.

-There are concerns in relation to impacts to their property that may arise due the excavation for the swimming pool and additional loads imposed by the weight of the water.

-There are discrepancies on the plans in relation to the value of works, the pool volume, location of rain water tank and removal of trees.

-The Community Association of the Prince Henry Estate has not approved the application.

Owners Corporation of SP 81878, 1 Pavilion Drive Little Bay

-There are discrepancies on the plans in relation to the value of works, the pool volume, location of rain water tank and removal of trees.

-There are concerns in relation to impacts to their property that may arise due the excavation for the swimming pool and additional loads imposed by the weight of the water.

-The proposed pool fencing will be higher than the boundary fencing and will be visible from the street.

An expanded heritage statement has been provided and referred to the NSW Heritage Council.

Conditions of consent are included with respect to structural engineering details in relation to excavation to ensure the stability of the subject and adjoining sites and features, to be submitted with the Construction Certificate application.

This is not a relevant matter for consideration of this development application.

As noted above, conditions of consent are included with respect to structural engineering details in relation to excavation to ensure the stability of the subject and adjoining sites and features, to be submitted with the Construction Certificate application.

See comment above. A specific condition of approval is recommended to address this concern. This matter has also been addressed by condition and comment from the Heritage Council approval.

The referral advice and approval is included in this report as appendix 1. and is also a public document available upon request.

The Prince Henry DCP Design Guidelines in relation to landscaping does not specifically relate the landscaping to rear private open space that is not visible from the public domain. The type and nature of the landscaping proposed is low scale landscaping consistent with providing for soft landscaping within a private open space surrounding a swimming pool.

This development application has been lodged and assessed as required under the relevant provisions of the applicable and relevant planning provisions.

See Key Issues

The submitted statement of environmental effects has been amended to correct the capacity of the swimming pool to be consistent with that stated on the BASIX Certificate. No trees which are the subject of the Tree Preservation Order are affected by this proposal.

This is a separate issue that is not relevant to the assessment of this development application.

A condition of consent has been included to lower the coping level of the swimming pool which will reduce the extent of the visible swimming pool fencing.

6. Relevant Environment Planning Instruments

6.1. Randwick Local Environmental Plan 2012 (LEP)

The site is zoned R1 General 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 and will protect the amenity of residents.

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

6.1.1. Clause 5.10 - Heritage conservation

See discussion in Key Issues.

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 3.

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 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 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

Heritage

Clause 5.10(4) of the Randwick LEP 2012 requires Council to consider the effect of a proposed development on the heritage significance of the heritage item.

As the site is listed on the State Heritage Register, the proposal generally needs to be the subject of an Integrated Development Application. As the NSW Heritage Council is the consent authority for the application, Council cannot issue development approval until the Heritage Office has provided conditions of consent.

The NSW Heritage Council has granted approval to the development subject to the submitted plans and documentation and conditions that relate to the discovery of any unexpected archaeological relics, site protection and any aboriginal objects.

The letter of advice of approval of the NSW Heritage Council is included in appendix 1.

Privacy

Section 7 of the Randwick Development Control Plan – Low Density Residential details the objectives and controls in relation to Fencing and Ancillary Development, which includes swimming and spa pools.

The relevant objective in this section seeks to provide for ancillary development that enhances the liveability of dwellings and maintains reasonable levels of visual amenity, solar access and privacy for the neighbouring dwellings.

The proposal details the swimming pool at the rear being up to 600mm above the existing ground level. This will have an adverse impact upon the privacy of the adjoining properties at the rear as the coping at this level will enable viewing above the existing dividing fence. Raising that fence to provide for a screen is not appropriate as that would result in poor visual amenity to the properties at rear. A condition of consent is included to reduce the level of the swimming pool coping to a maximum of 100mm above the existing ground level, being RL39.10.

9. Conclusion

That the application to install a swimming pool and landscaping within the rear yard of the dwelling 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 R1 zone in that development will provide for the housing needs of the community and protect the amenity of residents.

Appendix 1: Referrals

1. External referral comments:

1.1. Heritage Council of NSW

2. Internal referral comments:

2.1. Heritage planner

Background

The Site

The site is located towards the north end of the development area, within the Historic Precinct as identified within the Prince Henry Site, Little Bay section of Randwick DCP 2013. The site is occupied a semi-detached dwelling, part of a pair comprising nos.18 and 20 Jenner Street. Nos.18 - 20 Jenner Street were formerly occupied by Artisans’ Cottage Nos.8 and 9, constructed in 1888, to provide married staff residences. Artisans’ Cottages Nos.4, 5, 6 and 7, comprising a further two semi-detached pairs remain at nos.22 - 24 and Nos.26 - 28 Jenner Street.

Heritage element	Applies
Built elements in the vicinity	· Historic Precinct · Artisans’ Cottages 4, 5, 6 and 7 · Matron Dixon Nurses Home · Significant Road Alignment
Landscape elements in the vicinity	· Specimen of coast banksia · Specimen of New Zealand Christmas tree · Sandstone rock cutting · Sandstone outcrops
Aboriginal archaeological zone	Zone 2- High Sensitivity
Aboriginal identified site	No
Historical archaeological zone	Zone 7- former Prince Henry Hospital Complex
Historical identified site	No
Little Bay Geological site	No
Remnant native vegetation in the vicinity	No

History

DA/922/2004 was approved for demolition of Artisans’ Cottages 8 and 9, which were in very poor condition.

DA/94/2006 was approved for construction of 4 new semi-detached two storey cottages and additions to and refurbishment of the existing four existing Artisans cottages.

Proposal

The current application proposes landscaping works within the rear garden area, including installation of a swimming pool.

Approvals

Submission

The application has been accompanied by a Statement of Environmental Effects which includes a section addressing the Heritage Conservation Area and Archaeological Sensitivity. The SEE considers that:

There is no proposed impact on cultural landscape features such as established heritage significant planting, remnant roadworks or rock cuttings or similar cultural features.

Proposed excavation shall be confined to a small area specific to the proposed pool. The contractors responsible for the excavation works shall be briefed by the pool builder to be aware of the cultural significance of the area. The builder shall be prepared to ‘stop work’ and notify Randwick Council should any indigenous or culturally significant artefacts or rock carvings be observed when preparing for & undertaking the excavation works.

Comments

In relation to Fences, the Prince Henry Site, Little Bay section of Randwick DCP 2013 includes a control that side boundary fences have a maximum height of 1.8m. The SEE notes that the rear of the pool on the northern side will finish approximately 500mm above the natural grade, and that boundary fencing will modified, as required, for safety. It is unclear whether the finished fencing height will be consistent with the DCP control.

Consistency of the proposal with LEP, CMP and AMP

Subject to consent conditions in relation to Aboriginal and Historical Archaeology, it is considered that the proposal will not result in any adverse impacts to identified built or landscape elements, or to the significance of the heritage conservation area, with no potential for the identification of unknown archaeological material. It is considered that the proposed dwelling is generally consistent with the CMP, the AMP, the Amended Master Plan (August 2003), the LEP and the DCP.

Recommendation

The following consent conditions should be included in any consent, in addition to any General terms of Approval issued by Heritage NSW:

Aboriginal Archaeology

· Should Aboriginal objects be found, the Department of Environment and Conservation (DEC) is to be informed (as required by the provisions of the NSW National Parks and Wildlife Act 1974). Subject to an assessment of the extent, integrity and significance of any exposed objects, applications under ether Section 87 or Section 90 of the National Parks and Wildlife Act may be required before works resumes.

· Prior to the commencement of the proposed works, all contractors and relevant personnel involved are to be made aware of the existence of Aboriginal archaeological remains at the Prince Henry site by way of an induction process and of the possibility that more as yet undiscovered Aboriginal cultural material may exist there.

· Site contractors are to be advised of their obligations under the National Parks and Wildlife Act 1974 (NSW) and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works.

Historical Archaeology

· Prior to the commencement of any subsurface disturbance (excavation), all those involved are to be made aware of the potential for historical archaeological relics to survive within the area. This is to be done through a site induction, which also notifies all involved of their obligations under the Heritage Act 1977 (NSW).

· In the event that historical archaeological remains or deposits are exposed during the works, the excavation works shall cease immediately and an evaluation of their potential extent and significance should be undertaken and the Heritage Council of NSW be notified under the requirements of the Heritage Act.

Appendix 3: DCP Compliance Table

3.1 C1 Table: Low Density Residential

DCP Clause	Controls	Proposal	Compliance
	Classification	Zoning = R1
2.4	Landscaping and permeable surfaces
	i) 601 sqm or above = 35% ii) Deep soil minimum width 900mm. iii) Maximise permeable surfaces to front iv) Retain existing or replace mature native trees v) Minimum 1 canopy tree (8m mature). Smaller (4m mature) If site restrictions apply. vi) Locating paved areas, underground services away from root zones.	Site = 656m² Proposed = 35%	Yes
2.5	Private open space (POS)
	Dwelling & Semi-Detached POS
	601 sqm or above = 8m x 8m	Site = 656m² Proposed = No change to existing POS.	Yes
4	Building design
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 climatic to withstand natural weathering, ageing and deterioration. vi) recycled and re-use sandstone (See also section 8.3 foreshore area.)	To be conditioned.
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) site conditions allow for side or rear setback less than 900mm (max 2.2m) 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.	The extent of earthworks are not significant and do not exceed the DCP controls.	Yes
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	Existing timber fencing.	Yes
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) Tapper down to front fence height once past the front façade alignment. iv) Both sides treated and finished.	The only change nominated on plans to the existing side and rear fencing is any medication to comply with the relevant swimming pool fencing standards.	Yes
7.5	Swimming pools and Spas
	i) Locate behind the front building line ii) Minimise damage to existing tree root systems on subject site and adjoining. iii) Located to minimise noise impacts on the adjoining dwellings. iv) Pool and coping related to site topography (max 1m over lower side of site). v) 900mm minimum coping from 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 proposed swimming pool is sited to the rear of the dwelling up to 1000mm from the side and 1270mm from the rear boundaries. A condition of consent is included with respect to the pool plant and equipment being housed within a sound attenuating enclosure. See discussion in Key Issues in relation to privacy.	Yes, subject to condition.

3.2 Prince Henry site, Little Bay

This section of the DCP provides for a framework for the development of land at the Prince Henry Hospital Site at Little Bay and provides controls to guide the built form, environmental and amenity standards and requirements for appropriate heritage protection for the site.

The folllowing provisions of this section of the DCP apply.

Views and Vistas

The main principles in this section of the DCP seek to maintain and enhance key views and vistas throughout the site.

The proposal complies with the objectives of this part of the DCP in that the proposed swimming pool will not have any impact upon the existing views and vistas from and surrounding the subject site.

Heritage Context

The proposed swimming pool and landscaping will not impact upon or detract from the heritage significance of the locality including any identified heritage items.

Archaeological Context

The conditions of consent included as recommended by the Heritage Council of NSW and Council’s Heritage include requirements relating to identification and protection of general archaeology and Aboriginal cultural and archaeological items.

Landscaping and Private Open Space

The proposed new swimming pool and associated landscaping will maintain and maximize the use of the existing private open space to the rear of the dwelling and will not visually dominate the existing built and heritage items or obscure any key views in the immediate locality.

Visual Privacy

As noted above the Key Issues above it is recommended that the level of the pool coping be reduced to be no more than a maximum of 100mm above existing ground level to maintain visual privacy into the adjoining properties.

Attachment/s:

1.⇩

Development Consent Conditions 18 Jenner Street DA/598/2019

Responsible officer: Perry Head, Environmental Planning Officer

File Reference: DA/598/2019

Development Consent Conditions 18 Jenner Street DA/598/2019

Attachment 1

Development Consent Conditions

DA No:	DA/598/2019
Property:	18 Jenner Street Little Bay
Proposal:	Installation of in ground swimming pool
Recommendation:	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*
LPDA20-58/1 Rev C	Conzept Landscape Architects	26/09/19
LPDA20-58/2 Rev B	Conzept Landscape Architects	26/09/19
LPDA20-58/3 Rev B	Conzept Landscape Architects	26/09/19
LPDA20-58/4 Rev B	Conzept Landscape Architects	26/09/19

*BASIX Certificate No.*	*Dated*
A360699	10/10/2019

Amendment of Plans & Documentation

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

a) The finished levels of the swimming pool and coping shall be reduced so that the coping is at a maximum RL of 39.10.

Unexpected Historical Archaeological Relics

3. The applicant must ensure that if unexpected archaeological deposits or relics not identified and considered in the supporting documents for this approval are discovered work must cease in the affected area (s) and the Heritage Council of NSW must be notified. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.

Site Protection

4. Significant built and landscape elements are to be protected during site preparation and the works from potential damage. Protection systems must ensure significant fabric, including landscape elements is not damaged or removed.

5. A Temporary Protection Plan shall be submitted with the Section 60 Application for Heritage Council approval. The report shall indicate a detailed methodology to ensure that the significant brick masonry retaining wall and stairs, adjacent to the subject site are protected during the construction works.

Aboriginal Objects

6. Should any Aboriginal objects be uncovered by the work which is not covered by a valid Aboriginal Heritage Impact Permit, excavation or disturbance of the area is to stop immediately and Heritage NSW is to be informed in accordance with the National Parks and Wildlife Act 1974 (as amended). Works affecting Aboriginal objects on the site must not continue until Heritage NSW has been informed and the appropriate approvals are in place. Aboriginal objects must be managed in accordance with the National Parks and Wildlife Act 1974.

7. Prior to the commencement of the proposed works, all those involved are to be made aware of the existence of Aboriginal archaeological remains at the former Prince Henry Hospital Site by way of an induction process, as well as the possibility that undiscovered Aboriginal cultural material may exist in the area affected by the proposal.

8. Site contractors are to be instructed as to their obligations under the National Parks and Wildlife Act 1974 and notification procedures in the event that any Aboriginal cultural material is disturbed or exposed during site works.

Compliance

9. If requested, the applicant and any nominated heritage consultant may be required to participate in audits of Heritage Council of NSW approvals to confirm compliance with conditions of consent.

Section 60 application

10. An application under section 60 of the Heritage Act 1977 must be submitted to, and approved by the Heritage Council of NSW (or delegate), prior to work commencing.

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

11. 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

12. The colours, materials and surface finishes to the development must be consistent with the relevant plans, documentation and colour schedules provided with the development application.

Compliance Fee

13. A development compliance and enforcement fee of $90 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

14. 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

15. 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 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

· 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 Certifying Authority 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

16. 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

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 Certifying Authority.

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

Site stability, Excavation and Construction work

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

Certification and Building Inspection Requirements

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

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

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

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

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

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

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

Construction Site Management Plan

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

· location and construction of protective site fencing / hoardings;

· location of site storage areas/sheds/equipment;

· location of building materials for construction;

· provisions for public safety;

· dust control measures;

· details of proposed sediment and erosion control measures;

· site access location and construction

· details of methods of disposal of demolition materials;

· protective measures for tree preservation;

· location and size of waste containers/bulk bins;

· provisions for temporary stormwater drainage;

· construction noise and vibration management;

· construction traffic management details;

· provisions for temporary sanitary facilities.

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

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

Dilapidation Reports

21. 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 Certifying Authority.

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 Certifying Authority.

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

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

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

Excavations, Back-filling & Retaining Walls

23. All excavations and backfilling associated with the erection or demolition of a building (i.e. pool) 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, in particular, the existing buildings and structures on the adjoining site.

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

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

Support of Adjoining Land

24. 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

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

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

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.

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

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 Certifying Authority,

· a statement 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

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.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

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

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

Occupation Certificate Requirements

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

BASIX Requirements & Certification

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

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

Noise Control Requirements & Certification

31. 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.

Swimming

32. 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 certifying authority.

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.

33. Swimming 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

b) 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

c) Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010: Swimming Pool Safety – Water Recirculation and Filtration Systems; and

d) 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

34. 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 Amendment Act 2012.

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 Certifying Authority and Council accordingly.

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.

Plant & Equipment

35. Noise from the operation of all plant and equipment upon 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 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 Office of Environment & Heritage (EPA) Noise Control Guidelines.

Swimming/Spa Pools

36. 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.

GENERAL ADVISORY NOTES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For further information please contact Council on 9093 6971.

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

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

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

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

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

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

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

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

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

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

A11 Council’s assessment of this application does not include an assessment of compliance with the Swimming Pool Act 1992. All pool barriers, fences and structures within properties containing a swimming pool must comply with the requirements of the Swimming Pool Act 1992, BCA and relevant Australian Standards.

Details of compliance with the Swimming Pool Act 1992, Building Code of Australia and relevant Standards must be included in the Construction Certificate to the satisfaction of the Certifying Authority.

Randwick Local Planning Panel meeting9 July 2020

Development Application Report No. D35/20

Subject: 36 The Avenue, Randwick (DA/653/2019)

Proposal: Alterations and Additions to an existing 3 storey terrace dwelling, including new level above the existing garage (State Heritage Item).

Ward: North Ward

Applicant: Mrs G Fullilove

Owner: Mr M A Fullilove & Mrs G M Fullilove

Cost of works: $424,380.00

Reason for referral: Demolition of a Heritage Item and the Applicant has an affiliation with a Councillor

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. 653/2019 for alterations and additions to an existing 3 storey terrace dwelling, including a new level above the existing garage, at No. 36 The Avenue, Randwick subject to the development consent conditions attached to this report.

Subject Site

Submissions received

North

Locality Plan

1. Executive summary

The application is referred to the Randwick Local Planning Panel (RLPP) as the development involves demolition of a Heritage Item and the Applicant has an affiliation with a Councillor.

The proposal seeks development consent for alterations and additions to an existing 3 storey terrace dwelling, including a new level above the existing garage at the rear of the site.

The existing terrace dwelling is part of a row of terraces (known as “Avonmore Terrace”) identified as a State Heritage Item and a local Heritage Item under Randwick Local Environmental Plan 2012 (RLEP 2012). The site is located within the St Jude Heritage Conservation Area (HCA) and in the vicinity of Heritage Items. The proposal is classified as Integrated Development, pursuant to Clause 4.6 of the Environmental Planning & Assessment Act, 1979 (EP&A Act, 1979) and the application was referred to Heritage NSW seeking General Terms of Approval (GTAs).

The application was publicly notified to the surrounding properties in accordance with Council’s Community Participation Plan and no submissions were received.

The key issues associated with the proposal relate to heritage impacts and the addition above the existing garage at the rear of the site.

Heritage NSW issued GTAs, dated 16 June 2020, subject to minor design amendments and deletion of some proposed internal works at the upper levels of the terrace dwelling. A separate application under section 60 of the Heritage Act 1977 will be required to be submitted and approved by Heritage NSW, prior to commencement of the works. Council’s Heritage Planner also considers to the proposed alterations and additions to be acceptable from a heritage perspective, subject to the external finishes being approved by Council, prior to the issue of a Construction Certificate. Conditions to this effect are included in the recommended development consent.

The proposed studio addition above the garage will result in a minor non-compliance with the envelope controls for outbuilding development under Randwick Development Control Plan 2013 (RDCP 2013). However, the proposal sits comfortably with the adjoining built form context and will not result in any adverse amenity impacts to the adjoining properties. The proposed studio addition above the garage is contextually appropriate for the site and is therefore supported.

The proposal is recommended for approval, subject to conditions.

2. Site Description and Locality

The subject site is known as 36 The Avenue and is legally described as Lot A in DP 394820. The site is 314.4m², is rectangular in shape and has a 7.24m frontage to The Avenue to the west and a 7.84m frontage to a private lane to the east.

The site contains a 3 storey terrace dwelling with a single level double garage at the rear fronting a private right of way. Refer to Figures 1 to 3.

The existing terrace dwelling is part of a row of terraces identified as a State heritage listed item (SHR No.00565) and identified as local Heritage Item the Randwick Local Environmental Plan 2012 (RLEP 2012) (I454). The site is located within the St Jude Heritage Conservation Area and in the vicinity of Heritage Items at Nos. 1-3 (I452) and 6 The Avenue (I453).

A car parked on the side of a building

Description automatically generated

Figure 1 – View from the The Avenue

Figure 2 – View of existing single storey garage and adjoining development to the north

Figure 3 – View of adjoining development to the south

3. Relevant history

On 3 December 1993, Council granted development consent for alterations and additions to the existing dwelling (DA 413/1993).

4. Proposal

The proposal seeks development consent for alterations to the existing dwelling and an addition above the existing garage at the rear of the site. A detailed description of the building works is provided in Table 1.

Table 1 – Detailed description of the proposed works

Component	Proposal
Internal and external alterations to the existing dwelling	Ground Floor · demolition of the bay window to the rear wing · new openings to the middle link · new void to the middle link · new kitchen and pantry fitout · replacement doors to the side and rear of the rear wing First Floor · conversion of the middle bedroom to a bathroom and robe · rehanging of the door to the rear verandah · new door to the front bedroom · new void to the mid landing · new small door to the robe. Second Floor · new ensuite off the rear bedroom · relocation of the bedroom door to form a sub hall · reconfiguration of the joinery to the front bedroom · rehanging of the door
Addition above the garage	· construction of a studio above the existing garage located partly in a mansard roof with arched windows to the garden and flat roof dormer windows to the rear lane. · The materiality includes coursed, rendered masonry with a metal roof and timber doors to the right of way.
Landscaping	· replacement paving to the rear yard · new pond at the garage

5. Notification

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with Council’s Community Participation Plan. No submissions were received as a result of the notification process:

6. Relevant Environment Planning Instruments

6.1. SEPP 55 – Remediation of Land

State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) applies to all land and aims to provide for a State-wide planning approach to the remediation of contaminated land.

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land. There is no evident risk to human health and the environment in this case to warrant a more detailed investigation given the immediate surrounds have been used for residential purposes for a considerable number of years, and there have been no known potentially contaminating activities undertaken on the site. The subject site is not identified under RLEP 2012 as constituting contaminated land or land that must be subject to a site audit statement. Accordingly, nothing restricts Council, under SEPP 55, from consenting to the carrying out of the development.

6.2. SEPP (Vegetation in Non-Rural Areas) 2017

There existing front garden does not contain any significant vegetation. In any event there are no proposed landscape works in the front setback of the site. The rear private open space contains a mature ‘Sunburst’ (Honey Locust) along the southern boundary, located approximately 2.6m from the existing garage. Council’s Landscape officer raises no objection to the proposed works, subject to the imposition of appropriate tree management measures. Conditions to this effect are included in the recommended development consent. Refer to Section 7.1 of the report.

6.3. SEPP (Building Sustainability Index: BASIX) 2004

A separate BASIX certificate for the existing dwelling and the proposed studio above the garage has been submitted in accordance with the requirements of the SEPP (Building Sustainability Index: BASIX) 2004.

6.4. Randwick Local Environmental Plan 2012 (LEP)

The site is zoned R3 Medium Density Residential RLEP 2012 and the proposal is permissible with consent. The proposal is consistent with the objectives of the R3 zone because it will retain the heritage significance of the existing dwelling and protect the amenity of the adjoining properties.

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

Clause

Development Standard

Proposal

Compliance

(Yes/No)

Cl 4.4: Floor space ratio (max)

0.9:1

0.86:1

Yes

Cl 4.3: Building height (max)

12m

No change to the height of the existing terrace dwelling.

6.3 m (studio/garage)

Yes

6.4.1. Clause 5.10 - Heritage conservation

As discussed in Section 2, the existing terrace dwelling on the site is part of a row of terraces identified as a State Heritage Item and a local Heritage Item under RLEP 2012. The site is located within the St Jude Heritage Conservation Area (HCA) and in the vicinity of Heritage Items. The proposal is supported by Heritage NSW, subject to minor design amendments and deletion of some proposed internal works at the upper levels of the terrace dwelling. Council’s Heritage Planner considers the proposal to be acceptable from a heritage perspective. The proposal is therefore consistent with this clause. The heritage impacts are discussed further in Section 8.

7. Development control plans and policies

7.1. Randwick Comprehensive DCP 2013 (RDCP 2013)

The RDCP 2013 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 RDCP are addressed in Appendix 2.

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	Refer to Section 6.
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 RDCP 2013. See table in Appendix 2.
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	No submissions were received.
Section 4.15(1)(e) – The public interest	The proposal promotes the objectives of the R3 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

Heritage Impacts

As discussed in Section 2, the existing terrace dwelling is part of a row of terraces identified as a State Heritage Item (SHR No.00565). The application is therefore an Integrated Development pursuant to Clause 4.6 of the EP&A Act, 1979 and was subsequently referred to Heritage NSW seeking GTAs.

Heritage NSW issued GTAs dated 16 June 2020, subject to minor design amendments to the partitions within the proposed robe at the first floor. Whilst Heritage NSW support the majority of the proposed works, the following internal works have not been approved:

· the modification to the door of the proposed robe at the first floor; and

· the ensuite at the second floor.

The Applicant is required to submit an application under Section 60 of the Heritage Act, 1977 to the Heritage Council of NSW, prior to commencing work, reflecting the internal modifications to the design identified in the GTAs. A condition requiring compliance with the conditions in the GTAs is included in the recommended development consent.

The site is also identified as a as a local Heritage Item under RLEP 2012 (I454). The site is located within the St Jude Heritage Conservation Area and in the vicinity of Heritage Items at Nos. 1-3 (I452) and 6 The Avenue (I453). Council’s Heritage Planner supports the proposal from a heritage perspective, subject to the external finishes being approved by Council, prior to the issue of a Construction Certificate. A condition to this effect is included in the recommended development consent.

Council’s Heritage Planner also considers the proposed studio addition above the garage to be consistent in scale, form and character to the existing development along the rear right of way and advises it would not dominate or detract from the setting of the heritage item or significant views from heritage items within the vicinity of the site.

Garage/Studio Addition

The proposal involves the construction of a studio addition above the existing detached garage adjoining a private lane providing access via a right-of-way at the rear of the site. The proposed addition will be located partly in a mansard roof with arched windows to the private open space of the main dwelling and flat roof dormers to the rear boundary. The building will be finished in coursed, rendered masonry with a metal roof and timber doors to the accessway.

Part C1 Section 7.4 of RDCP 2013 establishes the Outbuilding controls, which permit a first floor addition above an existing detached garage, subject to the floorspace being contained within the roof form as an attic and the design incorporating adequate articulation and the amenity of the adjoining properties being maintained.

The proposal is consistent with the Outbuilding controls in RDCP 2013 in that the studio addition will read as single storey structure when viewed from the rear private open space due to the mansard roof with arched dormers. Whilst the proposed addition will read as a two storey structure when viewed from the private lane adjoining to the east, the overall height provides an appropriate built form transition and will bring the existing single storey garage into alignment with that of the double storey adjoining structures (refer to Figure 4).

The proposed nil building setbacks to the side and rear boundaries of the site is compatible with the existing pattern of development along the private lane. The proposal will not result in any adverse amenity impacts to the adjoining properties in terms of overshadowing or visual privacy, and it contributes to the overall appearance and security of the private lane at the rear of the site. Council’s Heritage Planner has advised the proposed studio addition above the garage is consistent in scale, form and character to the existing development along the private lane and is acceptable from a heritage perspective.

It is considered the scale and design of the proposed garage/studio is contextually appropriate for the site and is therefore supported.

A screenshot of a computer

Description automatically generated

Figure 4 – Eastern elevation showing the adjoining development

9. Conclusion

That the application for alterations and additions to an existing three storey terrace dwelling, including a new level above the existing garage be approved (subject to conditions) for the following reasons:

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

· The proposal will not result in any adverse impact on the heritage significance of the existing row of terrace dwellings or the St Jude HCA.

· The proposal will not result in any adverse amenity impacts to the adjoining properties.

· The scale and design of the proposed garage/studio is contextually appropriate for the site.

Appendix 1: Referrals

1. External referral comments:

1.1. Heritage NSW

The site is identified as a State Heritage Item and the proposal is therefore classified as Integrated Development, pursuant to Clause 4.6 of the EP&A Act, 1979.

Heritage NSW issued GTAs (DOC20/101623), dated 16 June 2020. The Applicant is required to comply with the conditions in the GTAs. A condition to this effect is included in the recommended development consent.

2. Internal referral comments:

2.1. Heritage Planner

The Site

No.36 The Avenue is located on the eastern side of The Avenue, Randwick. It is a centrally located terrace within of an attached row of established three storey Victorian terraces known as “Avonmore Terrace” which encompasses nos. 26-42. The row is located opposite Alison Park and is bounded by a rear lane cul-de-sac which runs in a northerly direction from Alison Road and terminates at the southern boundary of a garage/studio building situated at the rear of No.26 The Avenue.

The dwelling is a three storey painted masonry terrace with a number of decorative features to the principal elevation which are consistent along the row. These include ground floor elevation setback behind a narrow tessellated tile verandah and enclosed to the north and south by protruding party walls. Arched window openings existing on the ground and first floors. A timber verandah with iron balustrade and timber handrail and bullnose corrugated metal roof extends from the first floor level with French doors to first floor elevation. The second floor level comprises two arched windows with mid-level string course (matching the detail to the adjoining terraces within the row).

A two storey rear wing extends from the principal building form with a two storey painted brick extension. The rear elevation also comprises a first floor timber verandah with lace balustrade and valance.

The photographs and description of the dwelling provided within the HIS details that the dwelling contains a large number of original features but has been substantially modified with contemporary kitchen and bathroom fitouts and alterations to the rear wing. Photographs also show that the dwelling underwent substantial alterations for its use as a boarding house during the early twentieth century and later unsympathetic infill of the front verandah area during the mid-twentieth century. Some later additions to the internal decorative elements are also evident.

The rear courtyard and side passage are paved brick, and a timber pergola extends over the passage. A single storey garage structure bounds the site along the rear boundary.

The row is a State heritage listed item (SHR No.00565) and identified as item No.I454 within the Randwick LEP 2012. The site is located within the vicinity of a number of heritage items identified within the Randwick LEP 2012 including:

· State Heritage Item ‘St Jude’s Group’ (St Jude’s Anglican Church, Rectory, Old Borough Chambers and Hall (Note - Cemetery is at 21 Frances Street. (SHR No.00012) Heritage item nos.I374 and I271 within Schedule 5 the Randwick LEP 2012;

· Local heritage item ‘Hetta Building, commercial/residential building’, located at 110-116 Avoca Street and (Heritage Item No.I272);

· The remaining terrace buildings within the ‘Avonmore Terrace’ adjoining the subject dwelling to the south.

The site is located with the St Jude’s Heritage Conservation Area.

The NSW State Heritage Register provides the following ‘Statement of Significance’ for the site:

‘Avonmore is a group of nine Italianate terrace houses of imposing proportions. It was built by John Walsh who completed it in 1888. The row is significant for its Victorian Italianate style façade, its decorative detail and large rooms. Being located opposite Alison Park, it is important for the contribution it makes to the St. Judes Precinct. The elements of the row considered to be of high significance are the entire façade including the central tower and the verandahs with cast iron balustrades and corrugated iron roofs. The interiors (hallways, front rooms, stairs and fire places) of some of the houses are of high significance. The row of terraces demonstrates the process of subdivision and development in Randwick in the late 19th century and the wealth and expectations of the period. (Heritage Branch files).’

The St Jude’s Heritage Conservation Area is recognised for its aesthetic value due to its early church and civic buildings comprising the stone St Jude’s Church and Rectory with the cemetery behind, and late nineteenth century Town Hall and Randwick Public School, with Alison Park surrounded by late nineteenth and early twentieth century buildings, including a significant proportion of Federation dwellings. It also has historical and social significance due to its connection with Simeon Pearce’s promotion of Randwick with the establishment of the Church and of the Borough Council (one of the first established in the colony).

A site visit was carried out on 5 February 2020.

Background

In addition to the physical changes evident within the applicant’s historical research, Council’s records indicate that the land was subdivided into 5 lots on 1927, however there are no other details provided on the change in residential use. The next building application record is from 1982 for the construction of a double garage, and then further alterations and additions to the dwelling in 1989 and 1993.

Proposal

The proposal seeks the following alterations and additions to the existing dwelling:

· Ground floor alterations including removal of the bay window within the rear wing, new openings and void to the middle link, new kitchen and pantry fitout and replacement doors to the side and rear of the wing.

· First floor alterations include the conversion of the middle bedroom to a bathroom and robe, rehanging of the door to the rear verandah, new door to front bedroom and new void to mid-landing.

· Alterations at second floor level include new en-suite off the rear bedroom, relocation of the bedroom door with new sub-hall, reconfiguration of the joinery to the front bedroom and rehanging of the door.

· The proposed works also include the construction of a new two storey garage studio at the rear with access to the laneway. Landscaping works also include replacement of paving to the rear yard, new water feature (pond) adjacent to the garage.

Submission

The development application is accompanied by:

· Drawings prepared by Luigi Rosselli Pty Ltd received 5 December 2019;

· Heritage Impact Statement, prepared by John Oultram Heritage & Design, dated October 2019; and

· Statement of Environmental Effects, prepared by Luigi Rosselli Pty Ltd, dated November 2019.

Controls

Clause 5.10(1) of Randwick Local Environmental Plan 2012 includes and Objective of conserving the heritage significance of heritage items and heritage conservation areas, including associated fabric, setting and views. Clause 5.10(2) requires development consent for alterations to a heritage item. Clause 5.10(4) of Randwick Local Environmental Plan 2012 requires Council to consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area, and Clause 5.10(5) requires a heritage management document for development affecting a heritage item, or on land within a heritage conservation area.

The Heritage section of Randwick Development Control Plan 2013 provided Objectives and Controls in relation to heritage properties.

Comments

Ground floor alterations

The proposal generally retains the layout and configuration of the front of the dwelling including the entry foyer, living and dining room areas and retention of existing decorative features including fireplaces, architraves, timber floors, skirtings and arched doorways with mouldings, as well as the original timber stair, balusters and handrail along the northern side of the hallway passage. The proposed works are primarily concentrated to the rear wing which has been previously modified. Works involve internal alterations to accommodate a new kitchen, convert existing mud room to a void area and reinstate original door, arch and door fanlight to side passage. The majority of these works would affect parts of the building previously altered with only partial impacts on the middle linking element between the original building and rear wing. The proposed new archway over the opening would be in keeping with the style and character.

Works to the rear wing also include the alterations to the southern elevation with the removal of the existing bay window and creation of a timber framed vertical bi-fold doorway, and the installation of a new matching opening further east along the wing, both providing access to side courtyard. Works to the eastern elevation of the wing at ground floor level include the installation of new bi-fold full length glazed doors to access the rear courtyard and installation of a retractable canvas awning over. The alterations to the ground level rear wing would not affect original significant fabric and the design of the new openings would be appropriate in terms of their architectural character, proportions, scale and style. Although not annotated on the drawings, the drawing legend lists that the new materials and finishes would include timber, glass and face/recycled brick. A condition requiring final colours and finishes is recommended.

First floor alterations

The proposal includes several notable alterations at first floor level. The master bedroom would be retained, along with its French doors and access to front verandah, its decorative features including fireplace (though non-original), and ceiling details (also non-original) would also be retained and conserved. Works involve the removal of the built-in cupboards and re-hinging of the main bedroom door (off landing) to the opposite side to improve access and are minor.

The works also include the conversion of the existing bedroom 1 to form an en-suite bathroom and walk-in robe. The conversion of the bedroom 1 to a bathroom would incorporate the creation of a new opening on the eastern wall between the master bedroom (with removal of part of the picture rails (which also appear to be non-original) to provide access to robe and en-suite.

Works to the bedroom include new tiling, and installation of plumbing, shower and toilet, however it is proposed to retain the existing fireplace along the southern wall as well as ceiling detail (although these decorative elements are also non-original). While the works result in the loss of a traditional bedroom, the proposal would retain the overall layout of the first floor, allowing continued interpretation of the original room configuration. The majority of its decorative features would be able to be retained and restored. The works would have a neutral impact on the significant of the dwelling. A condition is recommended that the tiling to the floor and walls be done on applied linings to allow existing finishes to be retained.

The existing smaller bathroom (bath 1) would be removed and converted to a void area with skylight above and the works would retain the existing bathroom (bath 2), the sitting room, study and laundry towards the rear of the wing in its current form.

The proposed works to the landing include the removal of the existing (non-original bathroom) and the creation of a new void area, which would be connected to the installation of a skylight within the roof above and to allow light penetration of light access to the ground floor. These works would have a positive impact on the functionality and aesthetic significance of the dwelling as it would remove the intrusive bathroom element and reinstate the quality of the leadlight detail above the landing and enhance the dwelling’s aesthetic significance.

Second floor level

There are additional works proposed at second floor level including the installation of a narrow bathroom to Bedroom 2 with the creation of a new wall which would run parallel to the existing northern wall, and the bedroom door would be relocated to the new bedroom wall. Minor additional works at this level also include the re-hinging of the existing door to Bedroom 3 and the removal of some internal joinery. The new bathroom would not result in a loss of significant fabric and would essentially retain the overall internal layout and room configuration at second floor level. Existing decorative features such as the fireplace (although non-original) would be retained and conserved and neutral impact on the building’s aesthetic significance.

Garage/studio

A single storey double garage is currently located along the rear boundary with access to the rear lane. The rear garage extends almost full width of the site, with a marginal setback from the southern boundary which provides a pedestrian entrance gate. The garage is rendered masonry construction with a metal roof. It is understood that the rear lane is under private ownership and residential owners of Avonmore Terrace have access via a Right of Way.

The western side of the rear lane is dominated by two storey garage and studio structures associated with Avonmore Terrace. To the site’s immediate north, is a two storey garage and studio structure associated with the boutique hotel at No. 34, and further north are similar two storey garage/studio forms associated with the residential uses of nos. 26-30.

The proposal seeks to retain the existing walls of the garage structure at ground floor level with a minor extension of the wall to the southern boundary and construction of a first floor studio dwelling above. The proposed structure would include a part mansard style roof on its western (in site) elevation and comprise a short gentle sloped roof (half mansard) extending from the ridge towards the east (laneway). Its height scale and form is generally consistent with surrounding development on the western side of the lane. The structure would sit below the ridge height of the garage/studio of No.34 to the north, and marginally higher than the similar structure located at No.38. It would be compatible in height and scale to adjacent rear lane development and not detract from the existing laneway character.

Treatment and detailing along the eastern elevation would comprise a new double garage door at ground level and installation of two vertical casement windows at first floor level (the tops of which extend into the roof area). In contrast, the drawings indicate that treatment along the western façade appears to include stone cladding/render to the eastern wall at ground level, and a mansard metal roof form extending over the first floor with three casement windows and timber shutters within the roof. Although not uniform in their design, the treatment to the elevations are generally consistent with both the character of rear lane development along the lane, and the style of the existing dwelling and would conserve the character of the laneway and setting of the heritage item.

A condition is also recommended that details of final colours and finishes for the proposed works are submitted to Council for approval, prior to issue of a construction certificate.

Landscaping works

The proposal aims to retain the existing landscaping within the front setback. The landscaping works primarily relate to the rear setback and involve paving within the courtyard, the retention of two existing trees within the south eastern corner of the existing courtyard and new low level planting along the northern and southern boundaries. The existing courtyard is paved and the proposal retains the established trees along the southern boundary. A small water feature (pond) at the rear of the courtyard extending from the western wall of the new garage is also proposed. The landscaping works retain the landscaped setting of the dwelling and is consistent with the confined landscaped setting of the rear courtyards within the row and meets the objectives and controls for gardens within the DCP.

Impacts on significant views and HCA

The proposed alterations and additions at ground, first and second floor levels would not be visible from The Avenue and would not impact on the Avonmore Terrace’s presentation to the streetscape. As previously discussed the proposed new garage and studio is consistent in scale, form and character to the existing development along the rear laneway and would not dominate or detract from the setting of the heritage item, and would not be visible from the public domain along The Avenue or from Alison Park or affect views from within the St Judes Conservation Area, or significant views from heritage items within the vicinity.

Recommendation

The following conditions should be included in any consent:

· Tiling to the floor and walls for the new bathroom at first floor level to be carried out on applied linings to allow existing finishes to be retained.

· The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building. Details of the proposed colours, materials and textures (i.e- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 4.17 of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

2.2. Development Engineer

Council’s Development Engineer raised no objection, subject to the imposition of standard conditions. These conditions have been included in the recommended development consent.

The following comments were provided by Council’s Landscape Officer:

“Tree Management Comments

There is no significant vegetation in the front setback of the subject site, and as no works are proposed for this area, it will remain unchanged, so no conditions are needed or this area.

In the rear yard, along the southern site boundary, scaled off the plans to be about 2600mm from the western wall of the existing free-standing garage, is a large and mature, 12m x 12m Gleditsia triacanthos ‘Sunburst’ (Honey Locust, T2), of good health and condition, that is covered by the DCP.

It is easily this sites most established specimen, and was observed to have a prominence in this Randwick Heritage Conservation Area, as it occupies not only the entire width of the subject site, but also the adjoining properties to both its north and south.

The Arborists Reports notes the presence of existing structures and surfaces already within its TPZ, including paving, boundary fences and the garage, and whilst the southern wall of the garage is shown as being extended out onto the southern site boundary, along with a studio above, and a new water feature extending beyond its western wall, these works will not pose a major threat as they are within existing footprints, meaning that this tree can be retained situ as an existing site feature, with relevant protection conditions listed in this report.

While the Arborist has confirmed that major clearance pruning to allow for the studio above the existing garage will not be needed, conditions do allow the minor pruning of some smaller diameter branches, which given the amount involved, will not affect this tree in anyway.

The smaller, 3-4m tall Camelia (T2) immediately to its west is too small for the DCP, so while shown as being retained and incorporated into the new garden bed shown along this boundary, Council is unable to formally require this as part of this consent.”

Appendix 2: DCP Compliance Table

Part B2: Heritage

DCP Clause	Controls	Proposal	Compliance (Yes/No/NA/ Conditioned)
1.7	State Heritage Items
	Heritage items of State Significance in Schedule 5 of the RLEP are also listed on the NSW State Heritage Register. The NSW Heritage Council is the consent authority for any development proposal affecting State Heritage Items, or for any site covered by an Interim Heritage Order under the NSW Heritage Act 1977. Consent from the NSW Heritage Council requires either the submission of an Integrated DA, or a prior Section 60 application under the NSW Heritage Act 1977. Applicants are advised to consult with either Council or the Heritage Branch of the NSW Office of Environment and Heritage, in relation to works affecting State Heritage Items.	The existing terrace dwelling is part of a row of terraces identified as a State heritage item (“Avonmore Terrace”) (SHR No.00565). The application is therefore Integrated Development pursuant to Clause 4.6 of the EP&A Act, 1979 and was subsequently referred to Heritage NSW seeking its GTAs.	Yes
1.13	Heritage Management Document
	A heritage impact assessment is generally required for development relating to a heritage item or property within a heritage conservation area including alterations and additions, demolition or construction of a replacement building. A heritage impact assessment may also be required for development adjacent to or in the vicinity of a heritage item or heritage conservation area. For major changes or demolition, the required Heritage Impact Statement should be prepared by a specialist heritage consultant able to advise on options to minimise heritage impact.	The application is accompanied by a Heritage Impact Statement, prepared by John Outram.	Yes
2	Development Controls
2.1	Heritage Items and Heritage conservations Areas
	All development must demonstrate how it respects the heritage values of the heritage item or the heritage conservation area. The development controls in this section of RDCP 2013 primarily relate to new built form. The proposed alterations to the existing dwelling are largely internal and not visible within the streetscape. The proposed studio level addition above the garage is considered contextually appropriate for the site.	The application is accompanied by a Heritage Impact Statement, prepared by John Outram. Council’s Heritage Planner considers the proposal to be acceptable from a heritage perspective.	Yes
4	Heritage Conservation Areas: Statements of Significance, Values and Guidelines
4.17	Heritage Conservations Area St Judes
	The St Jude’s Heritage Conservation Area is recognised for its aesthetic value due to its early church and civic buildings comprising the stone St Jude’s Church and Rectory with the cemetery behind, and late nineteenth century Town Hall and Randwick Public School, with Alison Park surrounded by late nineteenth and early twentieth century buildings, including a significant proportion of Federation dwellings. It also has historical and social significance due to its connection with Simeon Pearce’s promotion of Randwick with the establishment of the Church and of the Borough Council (one of the first established in the colony).	The site is located with the St Jude’s Heritage Conservation Area. Council’s Heritage Planner considers that the proposal will not have an adverse impact on the significance of the HCA.	Yes

Part C1: Low Density Residential

DCP Clause	Controls	Proposal	Compliance (Yes/No/NA/ Conditioned)
2.3	Site coverage
	Up to 300 sqm = 60% 301 to 450 sqm = 55% 451 to 600 sqm = 50% 601 sqm or above = 45%	180m2 or 54% (as existing)	Yes
2.4	Landscaping and permeable surfaces
	i) Up to 300 sqm = 20% ii) 301 to 450 sqm = 25% iii) 451 to 600 sqm = 30% iv) 601 sqm or above = 35% v) Deep soil minimum width 900mm. vi) Maximise permeable surfaces to front vii) Retain existing or replace mature native trees viii) Minimum 1 canopy tree (8m mature). Smaller (4m mature) If site restrictions apply. ix) Locating paved areas, underground services away from root zones.	51m2 or 15.5% The non-compliance is existing. The proposal includes improvements to the existing garden at the rear of the site, including the replacement of existing paving and is therefore acceptable.	No
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	6 m x 6 m (as existing)	Yes
3	Building envelope
3.1	Floor space ratio LEP 2012 = 0.9:1	0.87:1	Yes
3.2	Building height
	Maximum overall height LEP 2012 = 9.5 m	6.3m (proposed studio/garage) There will be no change to the overall height of the existing terrace dwelling.	Yes
	i) Maximum external wall height = 7m (Minimum floor to ceiling height = 2.7m) ii) Sloping sites = 8m iii) Merit assessment if exceeded	6.45 m	Yes
3.3	Setbacks
3.3.1	Front setbacks i) Average setbacks of adjoining (if none then no less than 6m) Transition area then merit assessment. ii) Corner allotments: Secondary street frontage: - 900mm for allotments with primary frontage width of less than 7m - 1500mm for all other sites iii) do not locate swimming pools, above-ground rainwater tanks and outbuildings in front	There will be no change to the front setback of the existing dwelling.	Yes
3.3.2	Side setbacks: Semi-Detached Dwellings: · Frontage less than 6m = merit · Frontage b/w 6m and 8m = 900mm for all levels Refer to 6.3 and 7.4 for parking facilities and outbuildings	The proposed studio addition to the garage will have a nil setback to the side boundary. There will be no change to the side setback of the existing terrace dwelling.	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	The proposed studio addition to the garage will have a nil setback to the rear boundary. No change to the existing dwelling.	Yes
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 12 m · encourage innovative design	The proposed studio addition to the garage is contextually appropriate for the site. There will be no change to the existing dwelling.	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.)	The proposed studio addition to the garage includes rolled roof sheeting and rendered wall finish. Council’s Heritage Planner has recommended the colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the HCA and consistent with the architectural style of the building.	Yes, subject to condition.
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.	The living room windows at the northeast elevation and rear southeast elevation will be retained. There will be no change to the solar access at ground level. However, the proposed open plan living, kitchen and dining area at the rear of the dwelling will improve ambient light and internal amenity for the occupants. There will be some minor reduction to solar access to the private open space in the morning to midday at the winter solstice due to shadows cast by the proposed addition above the garage, however the reduction does not reduce sunlight access to less than three hours in accordance with Council’s solar access requirements. The proposed studio above the garage has east and west facing windows which will receive a minimum of three hours sunlight at the winter solstice.	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.	The shadow diagrams submitted with the application indicate additional overshadowing to the private right of way at 12:00pm at the winter solstice due to the proposed addition above the garage. The proposal will not result in any unreasonable shadow impacts to the adjoining 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 ii) Where possible, provide natural lighting and ventilation to any internalised toilets, bathrooms and laundries iii) living rooms contain windows and doors opening to outdoor areas Note: The sole reliance on skylight or clerestory window for natural lighting and ventilation is not acceptable	The application is accompanied by a BASIX Certificate and is therefore acceptable in respect of energy efficiency. The modification to windows at the rear will improve light penetration to the dwelling.	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)	There will be no change to the window openings at the first floor of the existing dwelling. The western elevation of the studio level addition above the garage will contain three windows orientated 90 degrees from the side boundaries with privacy shutters to allow solar and privacy control, as desired. It is noted the studio above the garage at No. 38 The Avenue also contains windows at the first floor western elevation. Given the small size of the studio it is not likely to result in any unreasonable privacy impacts to the rear of the adjoining properties.	Yes
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.	The design and layout of the proposed studio is appropriate to minimise acoustic privacy impacts.	Yes
5.5	Safety and Security
	i) Dwelling’s main entry on front elevation (unless narrow site) ii) Street numbering at front near entry. iii) 1 habitable room window (glazed area min 2 square metres) overlooking the street or a public place. iv) Front fences, parking facilities and landscaping does not to obstruct casual surveillance (maintain safe access)	The studio design incorporates windows at the eastern elevation to maximise casual surveillance opportunities to the adjoining right of way.	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)	The proposal will not result in any unreasonable view impacts from the surrounding properties.	Yes
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)	The existing provision of two car spaces in the garage will not change.	Yes
7.4	Outbuildings
	i) Locate behind the alignment of the front building façade. ii) Position to optimise backyard space and must not be located within the required permeable surfaces. iii) Except for laneway development, outbuildings must be single storey only, and must not exceed a maximum height of 3.6m and a wall height of 2.4m. iv) Outbuildings may be constructed to the side and rear boundaries where: - The external walls are finished and do not require frequent maintenance; - There are no windows or openings facing the adjoining allotments; and - Adequate solar access to the adjoining dwellings is maintained. v) Where there is an existing detached garage at the rear of the allotment, a first floor addition may be considered subject to the following measures: - Contain the upper floor level within the roof form as an attic storey; - Articulate the facades; - Provide an integrated landscape design with screen planting to visually soften the outbuilding; - Does not create excessive structural bulk as viewed from the adjoining properties; - Maintain adequate solar access to the adjoining dwellings; and - Maintain adequate privacy to the adjoining dwellings. vi) Outbuildings may be used as habitable space, but must not be used as a separate business premises	The proposed addition above the garage will be located behind the main dwelling at the rear of the site. The proposed addition above the garage does not contain any windows along the side elevations. The nil setback to the side and rear boundaries is compatible with the two storey structures on the adjoining properties. The proposed studio above the garage will read as single storey structure when viewed from the rear private open space. Whilst the proposed addition will read as a two storey structure when viewed from the private lane, it is considered to be contextually appropriate for the site.	Refer to the Key Issues section of this report.

Attachment/s:

1.⇩

Conditions - 36 The Avenue, Randwick - DA/653/2019

Responsible officer: Plandev Pty Ltd, Thomas Mithen

File Reference: DA/653/2019

Conditions - 36 The Avenue, Randwick - DA/653/2019

Attachment 1

Development Consent Conditions

(dwellings and dual occupancies)

Folder /DA No:	DA/653/2019
Property:	36 The Avenue, RANDWICK NSW 2031
Proposal:	Alterations and additions to an existing 3 storey terrace dwelling, including a new level above the existing garage (Heritage Item).
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*	*Received by Council*
DA02 Site and Roof Plan Issue A	Luigi Rosselli	29 November 2019	5 December 2019
DA03 Ground Floor Plan Issue A	Luigi Rosselli	29 November 2019	5 December 2019
DA04 First Floor Plan Issue A	Luigi Rosselli	29 November 2019	5 December 2019
DA05 Second Floor Plan Issue A	Luigi Rosselli	29 November 2019	5 December 2019
DA06 Elevations Issue A	Luigi Rosselli	29 November 2019	5 December 2019
DA07 Elevations Issue A	Luigi Rosselli	29 November 2019	5 December 2019
DA08 Elevations Issue A	Luigi Rosselli	29 November 2019	5 December 2019
DA09 Section Issue A	Luigi Rosselli	29 November 2019	5 December 2019

*BASIX Certificate No.*	*Dated*	*Received by Council*
A360488	29 November 2019	5 December 2019
1041447S	29 November 2019	5 December 2019

Heritage NSW – General Terms of Approval

2. The conditions contained in the General Terms of Approval issued by Heritage NSW (DOC20/101623), dated 16 June 2020 shall be complied with. A separate application under section 60 of the Heritage Act 1977 will be required to be submitted and approved by Heritage NSW, prior to commencement of the works.

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

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

Colours and Materials

4. The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building. Details of the proposed colours, materials and textures (i.e., a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, prior to a construction certificate being issued for the development.

Section 7.12 Development Contributions

5. In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $424,380 the following applicable monetary levy must be paid to Council: $4,243.80.

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

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

IDC = ODC x CP2/CP1

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

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

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

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

Compliance Fee

6. A development compliance and enforcement fee of $424.38 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.

Long Service Levy Payments

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

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

Security Deposits

8. The following security deposits requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 4.17(6) of the Environmental Planning and Assessment Act 1979:

· $600 - Damage / Civil Works Security Deposit

The security deposits 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 works which confirms that there has been no damage to Council's assets and infrastructure.

The developer/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 and other assets 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 Development Engineer upon issuing of an occupation certificate or completion of the civil works.

Sydney Water Requirements

9. 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

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

Tree Protection Measures

10. In order to ensure retention of the large and mature Gleditsia triacanthos ‘Sunburst’ (Honey Locust, T1) located in the rear setback of the subject site, on the southern boundary in good health, the following measures are to be undertaken:

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

b. Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the rear setback must be consistent with what is shown on the Stormwater Drainage Services – Ground Floor Plan & Details by Partridge Hydraulic Services, dwg SWDA 1.2, rev P1, dated 15/11/19, with the Certifying Authority/PCA to confirm that all services plans are both prepared and then installed on-site in accordance with this requirement.

c. All Construction Certificate plans must show that the footprint of the garage/studio and water feature will be consistent with what is shown on the Ground Floor Plan, dwg DA03, in terms of their size and setback to the tree, with distances in millimetres to its trunk to be provided.

d. All Construction Certificate plans must also include a notation stating that “the existing paving in the rear setback, surrounding the tree, must be retained in-situ throughout the course of works as a form of ground protection”, and if this paving is to be removed and replaced, this must be the last component of works performed.

e. Ground levels within the rear courtyard must be consistent with what has been shown on the Ground Floor Plan, dwg DA03, and other than the approved works, there must be no other new structures such as continuous strip footings, planter boxes or similar.

f. Prior to the commencement of any site works, its trunk (as well as any lower affected branches) are to be physically protected by wrapping layers of geo-textile, underfelt or Hessian, from ground level to a minimum height of 2m, to which, 2m lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres shall be placed around its circumference, and are to be secured by 8 gauge wires or steel strapping at 300mm spacing. NO nailing to the trunk.

g. This protection shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which, signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION, DO NOT REMOVE".

h. In order to prevent soil/sediment being washed over its root system, erosion control measures must be installed at ground level, along the edge of the paving to the north of its trunk.

i. There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble around its trunk, with all Site Management Plans to acknowledge these requirements.

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

k. Any new common boundary fencing, within its 6 metre TPZ radius, can only be a system which is supported on localised pad footings, not strip footings, with details confirming compliance to be shown on all Construction Certificate plans.

l. If roots are encountered during installation of footings for new dividing fencing, these footings must be re-positioned to allow their preservation.

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

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

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

Compliance with the Building Code of Australia & Relevant Standards

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

BASIX Requirements

12. 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.

Stormwater Drainage

13. A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

a) Surface water/stormwater drainage systems must be provided in accordance with the relevant provisions of the Building Code of Australia (Volume 2) and relevant Standards;

b) The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

c) Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

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

e) Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works:

f) A certificate, from a suitably qualified person must be submitted to the PCA and Council, prior to the issue of an Occupation Certificate, which confirms that the stormwater drainage system has been provided in accordance with the requirements of this consent, relevant standards and requirements.

Bathroom Tiling

14. The tiling to the floor and walls for the new bathroom at first floor level be carried out on applied linings to allow existing finishes to be retained.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

Certification and Building Inspection Requirements

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

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

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

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

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

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

Section 60 Application – Heritage NSW

16. Prior to commencement of any building works, an application under section 60 of the Heritage Act 1977 must be submitted to, and approved by, the Heritage Council of NSW (or delegate). The Section 60 application must incorporate the modifications and requirements in the General terms of Approval issued by Heritage NSW dated 16 June 2020.

Home Building Act 1989

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, the relevant requirements of the Home Building Act 1989 must be complied with.

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

Dilapidation Reports

18. A dilapidation report must be obtained from a Professional Engineer, Building Surveyor or other suitably qualified independent person, in the following cases:

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

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

Construction Noise & Vibration Management Plan

19. 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.

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

A Construction Noise Management Plan, prepared 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 Certifying Authority and Council prior to the commencement of works on site.

Construction Site Management Plan

· 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

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

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

Demolition & Construction Waste Plan

22. 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.

Public Utilities

23. 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.

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

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other 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

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

Site Signage

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

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

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

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

Restriction on Working Hours

26. 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

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

· Occupational Health & Safety legislation and WorkCover NSW requirements

· Randwick City Council’s Asbestos Policy

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

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

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

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

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

Excavations, Back-filling & Retaining Walls

28. 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 Certifying Authority.

Support of Adjoining Land

29. 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.

30. 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 Certifying Authority:

· 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 Certifying Authority.

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 Certifying Authority.

Sediment & Erosion Control

31. 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 Certifying Authority and Council. A copy must also be maintained on site and be made available to Council officers upon request.

Public Safety & Site Management

32. 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.

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 out into the road or footway.

e) 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.

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.

g) 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.

h) 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

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

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

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

Survey Requirements

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

· prior to construction (pouring of concrete) of 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 Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.

Building Encroachments

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

Tree Management

36. Whilst Council’s supports retention of the Camelia (T2) in the rear setback of the subject site, on the southern boundary, within the future side garden area as has been shown, it is an insignificant specimen, so may be removed as part of the rear courtyard and landscape works in this same area, should the applicant wish, subject to full implementation of the garden areas and planting that has been shown on the Ground Floor Plan, dwg DA03.

Pruning

37. Permission is granted for the minimal and selective pruning of ONLY those lower growing, lower order branches from the eastern aspect of the mature Gleditsia triacanthos ‘Sunburst’ (Honey Locust, T1) that is located in the rear setback of the subject site, along the southern boundary, only where needed in order to avoid damage to the tree; or; interference with works associated with the studio level above the existing garage as shown.

38. All pruning can only be undertaken by a Practising Arborist who holds a minimum of AQF Level III in Arboriculture, and to the requirements of Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

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

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

Occupation Certificate Requirements

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

BASIX Requirements & Certification

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

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

Council’s Infrastructure, Vehicular Crossings, street verge

41. The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

42. 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.

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

43. 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

44. 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

45. 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.

Use of parking spaces

46. 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.

47. The studio above the garage must not be used for separate residential accommodation or as a separate residential occupancy at any time.

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 Certifying Authority for the development,

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

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.