Randwick Local Planning Panel (Electronic) Meeting
Thursday 11 February 2021
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Randwick Local Planning Panel (Electronic) Meeting
Thursday 11 February 2021
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Randwick Local Planning Panel (Electronic) meeting
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Randwick Local Planning Panel (Electronic)
Notice is hereby given that a Randwick Local Planning Panel (Electronic) meeting
will be held online via Microsoft Teams on
Thursday, 11 February 2021
Declarations of Pecuniary and Non-Pecuniary Interests
Development Application Reports
D1/21 669-677 Anzac Parade, Maroubra (DA/505/2020)......................................................... 1
D2/21 1127 Anzac Parade, Matraville NSW 2036 (DA/444/2020)........................................... 31
D3/21 9 Kyogle St, Maroubra (DA/586/2020)........................................................................ 59
D4/21 279 Avoca St, Randwick (DA/619/2018/B).................................................................. 77
D5/21 18 Austral Street Malabar (DA/404/2020)................................................................... 87
D6/21 1038 Anzac Parade Maroubra (DA144/2019/A)......................................................... 117
Kerry Kyriacou
Director City Planning
Randwick Local Planning Panel (Electronic) meeting
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Development Application Report No. D1/21
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Subject: 669-677 Anzac Parade, Maroubra (DA/505/2020) |
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Subject Site |
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Submissions received
Ù North
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Locality Plan |
1. Executive summary
The application is referred to the Randwick Local Planning Panel (RLPP) as the applicant/landowner is Council.
The proposal relates to the Lionel Bowen Library and Community Centre and seeks development consent for external works to the building comprising of replacement signage and addition of new external signage including decorative façade banding and painting of the Lionel Bowen Library and Community Centre.
The key issues associated with the proposal relate to:
· Illumination of Signs 3 and 9 and the Danpalon strips to Gale Road;
· Signs 3 and 9 are proposed as projecting wall signs;
· Sign 7 is proposed as an LCD screen.
The signage has been assessed against the relevant controls and objectives and will not result in adverse amenity impacts to surrounding properties or the streetscape. The proposal will replace most of the existing signage that has been added to the building over a number of past applications, proposing a more uniform and consistent approach to signage. The proposal is recommended for approval subject to non-standard conditions that require:
· A timer is to be installed to ensure that all illumination of signage and the Danpalon strips along the Anzac Parade frontage is to cease after 11pm and may resume once business hours recommence.
· The Danpalon strips on the Gale Road frontage must not have LED lighting behind them.
1. Site Description and Locality
The subject site is located at 669 – 677 Anzac Parade, Maroubra and is legally described as Lot 2 in DP 219483. Currently located on the site is a four storey commercial building owned by Randwick City Council. Amongst the tenants who occupy the existing building are the Lionel Bowen Library at first floor with the Library Administration section located on the second floor.
Primary access into the building is via the splayed corner fronting the intersection of Anzac Parade and Gale Road. Lift and stair access are provided within the ground floor lobby leading to the library. The entrance is currently signposted with a red “Library” sign over the automated entry doors. This sign will remain as part of the proposed works.
Surrounding development is typically mixed use or residential in nature. To the north of the site is a five storey shop top housing development which occupies the remainder of the street block. Similarly to the south of the site is another multi storey shop top housing development. To the east is Anzac Parade including a bus stop with shelter. Immediately to the west is a four storey residential flat building; though development further to the west typically comprises of single and two storey dwellings of an older housing stock.
The subject site as viewed from Anzac Parade.
The subject site as viewed from Gale Road.
The shoptop housing development to the south.
Anzac Parade to the east of the site.
2. Relevant history
669-677 Anzac Parade MAROUBRA NSW 2035
Installation of coffee cart, tables and chairs in foyer of Bowen library and associated signage.
Lodged: 15/08/2006 (Approved: 09/10/2006 by Delegated)
DA/521/2005
669-677 Anzac Parade MAROUBRA NSW 2035
New advertising signage.
Lodged: 28/06/2005 (Approved: 28/07/2005 by Delegated)
DA/960/2001/B
669-677 Anzac Parade MAROUBRA NSW 2035
To change the proposed signage on the Anzac Parade elevation of the building.
Lodged: 22/09/2003 (Approved: 13/11/2003 by Delegated)
DA/77/1991
669-677 Anzac Parade MAROUBRA NSW 2035
ERECT 2 ADVERTISING STRUCTURES ON THE FACADE OF THE BUILDING.
Lodged: 01/01/1999 (Approved: 04/04/1991 by Delegated)
DA/406/1991
669-677 Anzac Parade MAROUBRA NSW 2035
ERECT 3 ADVERTISING SIGNS (240 0MM X 500MM) ON CANTILEVERED BRACKETS.
Lodged: 01/01/1999 (Approved: 04/12/1991 by Delegated)
DA/242/1991
669-677 Anzac Parade MAROUBRA NSW 2035
ERECT SIGNS FOR THE NEW BOWEN LIBRARY.
Lodged: 01/01/1999 (Approved: 24/07/1991 by Delegated)
DA/177/1991
669-677 Anzac Parade MAROUBRA NSW 2035
ERECT AN ADVERTISING STRUCTURE
Lodged: 01/01/1999 (Approved: 30/05/1991 by Delegated)
3. Proposal
The proposal relates to the Lionel Bowen Library and Community Centre and seeks development consent for external works to the building.
The proposed works include:
· The removal of all existing signage other than the existing sign over the sliding entry doors, which will be retained;
· The erection of a total of 12 new business identification signs/directional signs to the Anzac Parade and Gale Road frontages:
o Sign 1: “Library parking” wall sign
o Sign 2: “Returns” wall sign
o Sign 3: “Library” illuminated projecting wall sign
o Sign 4: “Returns” wall sign
o Sign 5: “Lionel Bowen Library and Community Centre” wall sign (affixed to existing glazing)
o Sign 6: “Hours of Operation” sign affixed to entry doors
o Sign 7: “What’s on” LCD screen with vandal proof back cover approximately A1 size mounted inside the doors
o Sign 8: Under awning “library: illuminated sign
o Sign 9: “Library” illuminated projecting wall sign
o Sign 10: “Library” wall sign
o Sign 11: “The Lionel Bowen Library & Community Centre” fixed to existing sun shading, illuminated
o Sign 12: 300mm wide coloured translucent film applied inside existing glass.
· Added coloured Danpalon bands to the exterior facades;
· Repainting of the exterior of the building;
· Paint and make good existing outdoor seating and provide 600mm x 600mm x 450mm masonry planter boxes; and
· Replacement of ceiling lights along ‘colonnade’ as required.
The proposed works are sought to address the name change of the library from “Bowen Library” to “Lionel Bowen Library and Community Centre” and to improve its street presence and identity as both a public library and community facility.
There is no change of use proposed to any part of the building nor are any other building works proposed, other than those noted above.
4. Notification
The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Community Participation Plan. The following submissions were received:
· Unit 602/679-685 Anzac Pde, MAROUBRA
· Unit 101/679-685 Anzac Pde, MAROUBRA
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Issue |
Comment |
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The use of fluorescent neon lights / The use of lit LED coloured panels to be installed fronting Gale Road. |
A condition of consent has been included to ensure the Danpalon strips on the Gale Road frontage do not have LED lighting behind them.
The applicant has clarified that proposed Signs 3 and 9 on the Gale Road façade will provide for illumination only behind the white letters which read “library” with the red background to be unlit. A condition of consent has been included for a timer to be installed requiring the illumination of Signs 3 and 9 to cease after 11pm. |
5. Relevant Environment Planning Instruments
5.1. State Environmental Planning Policies
SEPP No. 64 – Advertising and Signage
Clause 8 of the SEPP states that a consent authority must not consent to an application to display signage unless it is satisfied that the proposed signage is consistent with the objectives of this Policy as set out in clause 3(1)(a) and that the proposed signage satisfies the assessment criteria specified in Schedule 1.
When considering Clause 3(1)(a) of the SEPP, the following comments are made.
The proposal seeks business identification signage to the external facades of the existing building. In accordance with the objectives set out in Clause 3(1)(a), the proposal will offer a positive response to the character of the area. Visual clutter is mitigated through the strategic positioning of signage to ensure there is no overbearing impression upon the public domain. The proposed signage will be legible and will effectively communicate the nature of the premises, ensuring for seamless identification. A high-quality design and finish is proposed.
In accordance with Schedule 1 of the SEPP, the following comments are made.
Character of the Area
• Having regard to the existing character of the area, the site is zoned B2 Local Centre with development along Anzac Parade, in the immediate vicinity of the site, reflective of this. Development typically comprises of multi storey shop top housing developments and retail/commercial uses. Signage to these buildings is limited to the ground floor where retail uses are located with the upper levels dominated by balconies to the residential units.
The site is located at the fringe of the City Centre, with development to the north transitioning to residential development of a low density scale. To the west, development is also residential with mid size residential flat buildings located along Gale Road, near its intersection with Anzac Parade however further to the west, the scale of the development moves towards single and two storey detached dwellings.
The subject building, whilst nestled between mixed use developments, is a unique building in that it is a purpose-built community facility. The proposed signage to the subject building spans several storeys, which while uncharacteristic of the immediate area, is considered appropriate having regard to the predominant use of the building as a public library.
The positioning of signage and Danpalon strips has been concentrated to the eastern façade which fronts Anzac Parade to promote visibility of the building. This façade has an interface to an open car park at the centre of Anzac Parade that is densely landscaped and therefore will result in a negligible impact.
To the Gale Road façade, lesser signage is proposed noting that the subject building is located opposite a shop top housing development. A condition of consent has also been included as part of this report to ensure the Danpalon strips on the Gale Road frontage do not have LED lighting behind them.
Further, the applicant has clarified that proposed Signs 3 and 9 on the Gale Road façade will provide for illumination only behind the white letters which read “library” with the red background to be unlit. A condition of consent has been included for a timer to be installed requiring the illumination of Signs 3 and 9 to cease after 11pm.
Special Areas
• The subject site is not located in an environmentally sensitive area or heritage conservation area. The proposal is consistent with the desired future character of the area and use of the building as a community facility. The proposed signage has had regard to its local context as detailed in this report. Conditions of consent have been included to protect the residential amenity of the immediate southern neighbours.
Views and Vistas
• There are no significant views to or from the subject site that would be impacted through the proposed signage.
As stated, the proposed signage is sympathetically integrated to the building’s facades having regard to the local context. Signage to the Gale Road façade is limited to protect the outlook from neighbouring residents.
The proposal does not conflict with the viewing rights of other advertisers.
Streetscape, setting or landscape
• The objectives of the B2 Local Centre zone seek “to facilitate a high standard of urban design and pedestrian amenity that contributes to achieving a sense of place for the local community”. The proposed signage will activate the building’s façades improving its streetscape presence and will engage the local community. The proposed signage will therefore be in keeping with the desired future character of the area.
• The proposed signage will positively integrate within the context of the existing built form and will improve visibility of an important community resource.
• Proposed signage will be clear and legible from the public domain. The proposal will provide for visual interest.
• The proposal provides a positive integration in the context of the site which does not protrude above buildings.
• The proposal does not require ongoing vegetation management.
Site and building
• A cohesive response to the overall style and character of the built form will result.
• There are no significant features that would be impacted through the proposed signage.
• Proposed signage will complement the style and character of the development.
Associated devices and logos with advertisements and advertising structures
• No advertising is proposed. All proposed signage relates to business identification signage and directional signage.
Illumination
• The proposed signage on the Anzac Parade façade will have low level LED illumination. The below awning sign has also been designed as an illuminated backlit acrylic box. The existing sign over the entry doors is an enclosed illuminated acrylic box and will remain.
To Gale Road, a condition of consent has been included to ensure the Danpalon strips on the Gale Road frontage do not have LED lighting behind them. Proposed Signs 3 and 9 on the Gale Road façade will provide for illumination only behind the white letters which read “library” with the red background to be unlit. A condition of consent has been included for a timer to be installed requiring the illumination of Signs 3 and 9 to cease after 11pm.
Safety
• The proposed signage is in keeping with the overall context the development and will be subservient in terms of its visual impact when viewing the site from the public domain.
• There are no sight lines to or from the site that would be impacted through the proposed location of signage as these are contained to the existing built form. There are no safety impacts deemed to result to public roads or to the public domain.
As detailed above, the proposed signage is consistent with the relevant provisions of State Environmental Planning Policy No 64 – Advertising and Signage.
5.2. Randwick Local Environmental Plan 2012 (LEP)
The site is zoned Business B2 Local Centre under Randwick Local Environmental Plan 2012 and the proposal is permissible with consent. The proposal provides for new signage to an existing community facility.
The proposal is consistent with the specific objectives of the zone in that the proposed signage seeks to activate a community use that serves the need of people who live in, work in and visit the local area. Further the proposal aims to facilitate a high standard of urban design and pedestrian amenity that contributes to achieving a sense of place for the local community.
The proposed works will not alter the approved building height or floor space ratio.
The site is not listed as an item of heritage, nor is the site located within a conservation area.
The subject application was considered by Council’s Design Excellence Panel (DEP) on 7 December 2020. Reference should be made to Appendix 1 for further discussion.
There are no other relevant clauses in the RLEP 2012 to be considered.
6. Development control plans and policies
6.1. 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 2.
7. 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.
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Section 4.15 ‘Matters for Consideration’ |
Comments |
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Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument |
See discussion in sections 6 & 7 and key issues below.
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Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument |
Nil. |
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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 2 and the discussion in key issues below.
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Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement |
Not applicable. |
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Section 4.15(1)(a)(iv) – Provisions of the regulations |
The relevant clauses of the Regulations have been satisfied. |
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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. |
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Section 4.15(1)(c) – The suitability of the site for the development |
The site is currently used as a public library and community centre. The proposed works are sought to the exterior of the building to improve its street presence and identity. Therefore, the site is considered suitable for the proposed development. |
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Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation
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The issues raised in the submissions have been addressed in this report. |
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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. |
7.1. Discussion of key issues
Avoid fin signs, projecting wall signs and above awning signs (sitting on the awning).
The proposal includes two projecting wall signs, being Signs 3 and 9. Sign 9 is also located above the existing awning.
These signs have been designed as red acrylic boxes which read “library” in a vertical alignment.
Sign 3 is proposed to the Gale Road frontage, at first floor, with dimensions of 900mm x 100mm x 3500mm.
Sign 9 is proposed to the Anzac Parade and will span across the part of the first, second and part of the third floors of the building. The sign will have dimensions of 900mm x 100mm x 9800mm and will be located above the existing awning.
Though contrary to the control, the proposed signs are in keeping with the objectives, which seek to reduce the visual complexity of streetscape by providing fewer, more effective signs and to recognise that outdoor advertising can help to express the character of a commercial district or business centre. The signs will be easily read by passing motorists easing wayfinding.
The proposed signs will improve the street presence of the library building particularly its visibility along Anzac Parade as existing signage is limited and blends into the existing shade structure. The design of the signs is in keeping with the modern style of the building and is not dissimilar to parking signs at nearby Pacific Square Shopping Mall which project from the wall alignment.
The proposed signs will not impact on the amenity of neighbouring properties with appropriate conditions of consent included as part of this report restricting the illumination of the Danpalon strips on the Gale Road façade.
8. Conclusion
That the application to replace signage and add new external signage including decorative façade banding and painting of the Lionel Bowen Library and Community Centre at 669-677 Anzac Parade, MAROUBRA 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 is consistent with the specific objectives of the local centre zone in that the objectives of the B2 Local Centre zone seek “to facilitate a high standard of urban design and pedestrian amenity that contributes to achieving a sense of place for the local community”. The proposed signage will activate the building’s façades improving its streetscape presence and will engage the local community. The proposed signage will therefore be in keeping with the desired future character of the area.
· The development enhances the visual quality of the public domain/streetscape
· The proposed development will make a positive contribution to the commercial centre
Appendix 1: Referrals
1. External referral comments:
1.1. Design Excellence Panel
The subject application was considered by Council’s Design Excellence Panel (DEP) on 7 December 2020. The main issues raised by the panel are summarized below:
Sustainability:
· No changes to the existing are proposed however consideration should be given for power for any new signage or lighting effects to be provided by renewable energy.
Council comment: Low voltage LED lights are proposed to the illuminated signage and Danpalon strips supporting sustainability practices through low energy consumption and durability. A condition of consent has also been included requiring all illumination to cease after 11pm to limit energy use.
Amenity:
· Signage to improve legibility of the building is supported. See commentary under ‘Aesthetics for Panel review and advice.’
Council comment: Noted.
Aesthetics:
· The Panel supports, in principle, the initiative to upgrade the look of the building to capture the spirit of its current civic activities. Noting that, the Panel has concerns about the design approach taken to achieve this. A graphic approach has been undertaken that provides an additional layer, in the form of signage elements, to the face of the building but appears to be a random arrangement that misses an opportunity to contribute to placemaking at Maroubra Junction.
Council comment: The applicant has confirmed that in 2016 as part of upgrading works to the building, a mural was commissioned to reflect the history of Maroubra. This mural was upgraded again in 2019-20, and included in the carpark in 2020.
Consequently, the proposed works to the external façade instead relies on the visual language, branding and signage already adopted by Randwick libraries to improve visibility and identity as a civic building. This includes utilizing Council’s signature red colour in its signage.
The applicant continues to state that the proposed Danpalon strips are proposed in a diagonal fashion to represent a dynamic and forward moving community. The elements in turquoise in the design are included to evoke imagery of the beach.
In reviewing the overall design, it is considered that the proposed coloured bands invoke a sense of creativity and whimsy that lends itself to a library/community building where people gather to learn and explore new concepts and ideas. The proposed works are therefore considered to be reasonable in this regard.
· A number of considerations should be brought to bear in this exercise such as a narrative, colour system and hierarchy of graphic messages. The ‘narrative’ of the graphics, i.e. what storey the façade is telling, can be based, for example, on reference to the history of the area, landscaped setting of the building, ‘Connection to Country’ or the building’s use as a library and community centre. The current design does not appear to have a clear theme on which to build this visual outcome and misses an opportunity to contribute to a conversation about this place. The design has a random arrangement of stripes that do not reinforce the building architecture or provide a meaningful additional layer.
Council comment: The applicant provides the following response:
“This lifeless, anonymous building is visually lost in the residential 7 – 8 level developments. The building lacks continuous lines and consistent façade treatments, further segmenting its façade into non-descript orthogonal sections…
The mid dark grey colour of the building unifies the upper and lower areas of the building creating a single mass. Additionally, this separates the building visually from the metal screen structures and perforated steel which are painted in original colour. Painting of screens was considered but durability and cost could not guarantee a better outcome. The design was based on darkening the building mass instead…
There was a deliberate attempt to use the diagonal bands of colour, not only to extend the design, but also to stitch together the open sections of the frame, with the closed (perforated mesh) sections over the windows.
The stripes have also been placed to carry the design without obstructing view from internal spaces”.
Council is in agreeance with these comments.
· The use of colour and naming signage also needs to be well considered. An objective of the current proposed design is to provide a strong element of building identity at the corner, near the public library entrance, where it will be visible from both Anzac Parade and Gale Road. The design has a bold red vertical sign near the corner to identify the building as a library. The sign does not include the building name which remains centrally located on the façade away from the library entrance. The same colour red is also used for diagonal building striping which further reduces the legibility of the sign. To reinforce the building identity at the corner it may be more effective to locate both the function and building name in one place and highlighted with a distinct colour.
Council comment: The applicant provides the following response:
“The full name is on the façade twice, including at the entrance….
It is neither desirable, nor possible, to put the whole title on the main vertical building sign.
The design intent is for it to be large, and perpendicular to the façade to be legible at driving speed (60km per hour). A clear, simple bold message “LIBRARY” is effective and safe in locating the building quickly”.
The applicant further clarifies that the red shade used in the Danpalon strips is of a translucent, ribbed design and easily distinctive from the opaque, flat colour of the signage.
Council is in agreeance with these comments.
· Consideration should be given as to how the façade will be experienced from both pedestrian and vehicular movements along adjacent streets and from distant views. A visual analysis should be provided that identifies opportunities and constraints and how these elements have been addressed through the revised design. The kinetic way projecting elements align to form other patterning should also be considered.
Council comment: The proposed signage is consistent with the objectives of the relevant controls and is considered to be appropriate.
· A more disciplined approach to the design should be undertaken starting with an idea about what story the updated façade should convey. This can include a narrative, a colour system and an assessment of a hierarchy of graphic elements that work together to reinforce the identity of the building and its legibility within Maroubra Junction.
Precedent examples of ‘graphic architecture’ include the American Express building along the Western Distributor in Sydney, Santa Monica Centre by Frank Gerhey in Los Angeles, Madrid Airport T4 Concourse by Richard Rodgers and Woolworth’s façade in Double Bay among others. A review of these, and others, illustrating a design approach to colour, graphics and elements integral with architectural design would be helpful.
Council comment: The applicant provides the following response:
“Precedent examples were explored during the design development stage. Options including designs with blades of various kinds were considered and rejected due to budget and project complexities such as the sunscreen remaining, structural and other site constraints. Woolworth’s building and American express buildings don’t have the other structures in between building and blades, Bowen has the sunscreen.
Examples such as Santa Monica centre, or Madrid airport T4 where the main design feature is an undulating roof are irrelevant.
There are numerous examples of Library architecture with dynamic facades such as: Oran Park Library NSW , Surry Hills Library, Sydney Darling Square Library, Darling Harbour , Geelong Library, Victoria, Birmingham library – day and night (UK), Calgary’s Central library (Canada)”.
Council is in agreeance with these comments.
Appendix 2: DCP Compliance Table
3.1 Section D4: Maroubra Junction Centre
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DCP Clause |
Control |
Proposal |
Compliance (Yes/No/NA/ Conditioned) |
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3.2.1 |
Block 1
i) Building Envelope Plan Location: Anzac Parade (north of library) Building envelopes: Four storeys
ii) Building Use Location: Anzac Parade: Two floors retail/commercial; residential above
iv) Setbacks Side setback Along Anzac Parade and Shepherd Street: 0m Along Gale Road: min 3m Rear setback Lots fronting Anzac Parade: min 10m
v) Deep Soil Zone Provide a min 1.5m wide deep soil tree planting strip along rear boundary
vi) Vehicle Access All lots fronting Anzac Parade are required to provide vehicle access via a minimum 6m wide right of carriageway. |
No change to existing.
No change to existing.
No change to existing.
No change to existing.
No change to existing. |
N/A
N/A
N/A
N/A
N/A |
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4.6.1 |
Awnings and Signage
Awnings i) Awnings are to: - complement the height, depth and form of the desired character or existing pattern of awnings, and - provide sufficient protection from sun and rain.
ii) New awnings are to follow the general alignment of existing awnings in the street and there must be a minimum clearance of 3.5m between the footpath and the underside of the awning.
iii) Awnings must have a minimum setback of 600mm from the kerb.
iv) Continuous awnings are to be provided in busy pedestrian areas.
v) Awnings are to be located over building entries and should help identify the entry point.
vi) Pedestrian safety is to be enhanced by providing under awning lighting.
Signs
i) Signs are to be integrated with the design of the development by responding to scale, proportions and architectural detailing.
ii) Location and space for future signs is to be detailed on DA plans and elevations.
iii) Signs are to provide clear direction for residents and visitors. iv) Signs on blinds are not permitted.
v) All signs are to comply with State Environmental Planning Policy No 64 - Advertising and Signage and Part F2 Outdoor Advertising and Signage. |
N/A
Complies.
N/A.
Complies.
Complies.
Complies.
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N/A
Yes.
N/A.
N/A.
Yes.
Yes.
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3.2 Section F2: Outdoor Advertising and Signage
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DCP Clause |
Control |
Proposal |
Compliance (Yes/No/NA/ Conditioned) |
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2 |
General Design and Siting i) Signage should recognise the legitimate needs for directional advice, business identification and promotion.
ii) Signage must complement and be compatible with the development on which it is situated and with adjoining development.
iii) Signage should not obscure architecturally decorative details or features of buildings or dominate building facades. It should be placed on the undecorated wall surfaces or designed sign panels provided.
iv) Entire building facades and /or walls must not be painted or covered with cladding or other material to act as a large billboard type.
v) Where a building or site contains multiple tenancies or uses, a coordinated approach for all signs is required.
vi) Signage shall be displayed in English but may include a translation in another language.
vii) Signage erected or displayed on identified heritage buildings or within heritage conservation areas must not detract from the architectural character and heritage significance of such buildings or areas.
viii) Outdoor advertising attached to vehicles or trailers which are parked for advertising purposes will not be permitted.
ix) Signage must not be flashing or animated. Note: Flashing or animated signs include mechanical moving signs, moving LED signs, video/television screens, projected laser advertising and other flashing, intermittently illuminated or sequenced lighting signs. |
The proposal provides for business identification signage.
The proposal will complement the modern design of the building and provide for visual interest.
Complies.
Complies.
The proposal only seeks signage in relation to the library use.
All proposed signage will be in English.
N/A.
N/A.
Sign 7 is a LCD screen, approximately A1 in size to be mounted to entry doors inside the building. In view of its size and its location, the sign will not conflict with pedestrian/ vehicle safety and is considered appropriate. |
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
N/A.
N/A.
Yes.
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3.2 |
Business Zones
i) The size and shape of any signage must relate to the size of the building or space to which it is to be attached to or placed on. Larger building facades are capable of accommodating larger signs without detracting from the appearance of the building.
ii) Signage must not dominate or obscure a building or its architectural features. Advertising should highlight and reinforce architectural details.
iii) Roof signs and advertising structures must not project above the parapet of the building or that part of the building to which they are attached (including signs and bunting mounted on plant rooms or other roof structures).
iv) Avoid fin signs, projecting wall signs and above awning signs (sitting on the awning).
v) The visual amenity and value of streetscapes should be protected through careful consideration of proposals for flush wall signage.
vi) On any building listed as a Heritage Item or situated in a Heritage Conservation Area outdoor advertising (projecting and flush) must not be located above awning level.
vii) Upper level signs are best located at major focal points of a building only, to advertise arcades, plazas, etc. and to provide as corporate identity for developments which contain a range of businesses.
viii) Outdoor advertising on or attached to buildings must align and relate to the architectural design lines on a building façade or, in the absence of architectural detail or decoration, relate to the design lines of adjacent buildings.
ix) Limit under awning to one per shop or for larger premises one per 6 metres of shop frontage.
x) Under awning signs must be at least 2.6 metres above footpath level.
xi) Pole or pylon signs must not exceed the height of adjoining or adjacent buildings, or 6 metres, whichever is the lower. |
The proposed signs are appropriately proportioned.
Complies.
N/A.
Two projecting wall signs are proposed (Sign 3 and Sign 9). Sign 9 is also proposed above the existing awning on the Anzac Parade façade. See comments at the end of this table.
Conditions have been included stating that the Danpalon strips to Gale Road must not be illuminated.
N/A.
A large upper level sign is proposed to shade structure on the Anzac Parade frontage.
The abstract nature of the Danpolan strips will provide for visual interest whilst the proposed signage is appropriately proportioned.
Only one under awning sign is proposed.
Sign 8 is elevated 3m above the footpath.
N/A. |
Yes
Yes.
Yes.
No. Refer to Key Issues.
Yes.
N/A.
Yes.
N/A.
Yes.
Yes.
N/A. |
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1.⇩ |
RDAP Dev Consent Conditions (commercial) - DA/505/2020 - 669-677 Anzac Parade, MAROUBRA NSW 2035 |
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Responsible officer: GAT & Associates, Town Planners
File Reference: DA/505/2020
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RDAP Dev Consent Conditions (commercial) - DA/505/2020 - 669-677 Anzac Parade, MAROUBRA NSW 2035 |
Attachment 1 |
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Folder /DA No: |
DA/505/2020 |
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Property: |
669-677 Anzac Parade, MAROUBRA NSW 2035 |
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Proposal: |
Replacement signage and addition of new external signage including decorative façade banding and painting of the Lionel Bowen Library and Community Centre. |
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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:
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Plan |
Drawn by |
Dated |
Received by Council |
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Drawing No. D00.00 Cover Sheet |
CK Design International |
18.09.20 |
28.09.2020 |
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Drawing No. D02.01 Ground Floor Plan |
CK Design International |
18.09.20 |
28.09.2020 |
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Drawing No. D02.02 First Floor Plan |
CK Design International |
18.09.20 |
28.09.2020 |
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Drawing No. D02.03 Second Floor Plan |
CK Design International |
18.09.20 |
28.09.2020 |
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Drawing No. D02.04 Third Floor Plan |
CK Design International |
18.09.20 |
28.09.2020 |
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Drawing No. D07.01 Elevations |
CK Design International |
01.11.19 |
28.09.2020 |
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Drawing No. D0.7.02 Sections |
CK Design International |
18.09.20 |
28.09.2020 |
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Drawing No. D09.01 Signage Details |
CK Design International |
18.09.20 |
28.09.2020 |
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Drawing No. D09.02 Signage Details |
CK Design International |
18.09.20 |
28.09.2020 |
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
2. 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
3. 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.
Section 7.12 Development Contributions
4. In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $158,000 the following applicable monetary levy must be paid to Council: $790.
The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment. Please contact Council on telephone 9093 6999 or 1300 722 542 for the indexed contribution amount prior to payment.
To calculate the indexed levy, the following formula must be used:
IDC = ODC x CP2/CP1
Where:
IDC = the indexed development cost
ODC = the original development cost determined by the Council
CP2 = the Consumer Price Index, All Groups, Sydney, as published by the ABS in respect of the quarter ending immediately prior to the date of payment
CP1 = the Consumer Price Index, All Groups, Sydney as published by the ABS in respect of the quarter ending immediately prior to the date of imposition of the condition requiring payment of the levy.
Council’s Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.
Compliance Fee
5. A development compliance and enforcement fee of $158 shall be paid to Council in accordance with Council’s adopted Fees & Charges Pricing Policy, prior to the issue of a Construction Certificate for development.
Long Service Levy Payments
6. The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 6.8 of the Environmental Planning & Assessment Act 1979.
At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.
Security Deposits
7. 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 of the Environmental Planning and Assessment Act 1979:
· $5,000.00 - 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.
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
8. 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).
REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS
The following conditions of consent must be complied with prior to the commencement of any works on the site. The necessary documentation and information must be provided to the Council or the ‘Principal Certifier’, as applicable.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.
Certification and Building Inspection Requirements
9. Prior to the commencement of any building works, the following requirements must be complied with:
a) a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.
A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.
b) a Principal Certifier must be appointed to carry out the necessary building inspections and to issue an occupation certificate;
c) the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifier; and
e) at least two days notice must be given to the Council, in writing, prior to commencing any works.
Construction Site Management Plan
10. A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:
· location and construction of protective site fencing / hoardings;
· location of site storage areas/sheds/equipment;
· location of building materials for construction;
· provisions for public safety;
· dust control measures;
· details of proposed sediment and erosion control measures;
· site access location and construction
· details of methods of disposal of demolition materials;
· protective measures for tree preservation;
· location and size of waste containers/bulk bins;
· provisions for temporary stormwater drainage;
· construction noise and vibration management;
· construction traffic management details;
· provisions for temporary sanitary facilities.
The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.
A copy of the Construction Site Management Plan must be provided to the Principal Certifier and Council prior to commencing site works. A copy must also be maintained on site and be made available to Council officers upon request.
Construction Noise & Vibration Management Plan
11. A Construction Noise & Vibration Management Plan, prepared in accordance with the Environment Protection Authority (EPA) Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction, in accordance with the following requirements:
a) Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents.
Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.
b) The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current EPA Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.
c) A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.
d) Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the Principal Certifier.
A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifier accordingly.
Public Liability
12. The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to the Principal Certifier and Council.
REQUIREMENTS DURING CONSTRUCTION & SITE WORK
The following conditions of consent must be complied with during the demolition, excavation and construction of the development.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.
Inspections during Construction
13. Building works are required to be inspected by the Principal Certifier, in accordance with section 6.5 of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.
Building & Demolition Work Requirements
14. The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of SafeWork NSW and the NSW Environment Protection Authority (EPA), including:
• Work Health and Safety Act 2011;
• Work Health and Safety Regulation 2011;
• SafeWork NSW Code of Practice for the Safe Removal of Asbestos;
• Australian Standard 2601 (2001) – Demolition of Structures;
• The Protection of the Environment Operations Act 1997;
• Randwick City Council Asbestos Policy (adopted 13 September 2005).
A copy of Council’s Asbestos Policy is available on Council’s web site or a copy can be obtained from Council’s Customer Service Centre.
Removal of Asbestos Materials
15. Any work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:
· Occupational Health & Safety legislation and WorkCover NSW requirements
· Randwick City Council’s Asbestos Policy
· A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence. A copy of the relevant licence must be provided to the Principal Certifier.
· On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.
· Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005. Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifier.
· A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos assessor or other competent person), must be provided to Council and the Principal Certifier upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.
A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.
Dust Control
16. During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.
Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.
Dust control measures and practices may include:-
· Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).
· Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.
· Installation of a water sprinkling system or provision hoses or the like.
· Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.
· Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.
· Landscaping and revegetation of disturbed areas.
Temporary Site Fencing
17. Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:
a) Temporary site fences or hoardings must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.
b) Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.
c) All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.
d) An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:
· materials are to be hoisted (i.e. via a crane or hoist) over a public footway;
· building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;
· it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;
· as may otherwise be required by WorkCover, Council or the Principal Certifier.
Notes:
· Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.
· If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.
Public Safety & Site Management
18. 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
19. A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:
· name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)
· name, address and telephone number of the Principal Certifier,
· a statement stating that “unauthorised entry to the work site is prohibited”.
Restriction on Working Hours
20. Building, demolition and associated site works must be carried out in accordance with the following requirements:
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Activity |
Permitted working hours |
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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 |
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Excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like
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· Monday to Friday - 8.00am to 1.00pm only · Saturday - No work permitted · Sunday & public holidays - No work permitted |
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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.
Building Encroachments
21. There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.
REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
The following conditions of consent must be complied with prior to the ‘Principal Certifier’ issuing an ‘Occupation Certificate’.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.
Occupation Certificate Requirements
22. An Occupation Certificate must be obtained from the Principal Certifier prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.
Structural Certification
23. A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifier. A copy of which is to be provided to Council with the Occupation Certificate.
Noise Control Requirements & Certification
24. The use of the development and the operation of plant and equipment must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.
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.
25. A report or correspondence must be obtained from a qualified Acoustic Consultant if new plant and equipment is installed to the building which is located within 15m of a dwelling.
The report/correspondence is required to demonstrate that noise emissions satisfy the relevant noise criteria specified in Council’s conditions of consent and the NSW Environment Protection Authority (EPA) Industrial Noise Policy.
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.
26. A timer is to be installed to ensure that all illumination of signage and the Danpalon strips along the Anzac Parade frontage is to cease after 11pm and may resume once business hours recommence.
27. The Danpalon strips on the Gale Road frontage must not have LED lighting behind them.
GENERAL ADVISORY NOTES
The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and requirements. This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.
A1 The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.
Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million. Alternatively, Council may issue a penalty infringement notice (for up to $6,000) for each offence. Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.
A2 In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:
§ A Construction Certificate has been obtained from an Accredited Certifier or Council,
§ An Accredited Certifier or Council has been appointed as the Principal Certifier for the development,
§ Council and the Principal Certifier have been given at least 2 days notice (in writing) prior to commencing any works.
A3 Council can issue your Construction Certificate and be your Principal Certifier for the development, to undertake inspections and ensure compliance with the development consent and relevant building regulations. For further details contact Council on 9093 6944.
A4 This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards. All new building work (including alterations and additions) must comply with the BCA and relevant Standards. You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.
A5 Any proposed amendments to the design and construction of the building may require a new development application or a section 4.55 amendment to the existing consent to be obtained from Council, before carrying out such works
A6 A Local Approval application must be submitted to and be approved by Council prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-
§ Install or erect any site fencing, hoardings or site structures
§ Operate a crane or hoist goods or materials over a footpath or road
§ Placement of a waste skip or any other container or article.
For further information please contact Council on 9093 6971.
A7 Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place.
A8 This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:
§ the consent of the owners of such adjoining or supported land to trespass or encroach, or
§ an access order under the Access to Neighbouring Land Act 2000, or
§ an easement under section 88K of the Conveyancing Act 1919, or
§ an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.
Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).
A9 A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team 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 in a public place.
For further information please contact Council on 9093 6971.
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Development Application Report No. D2/21
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Subject: 1127 Anzac Parade, Matraville NSW 2036 (DA/444/2020) |
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Subject Site |
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Submissions received
Ù North
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Locality Plan |
1. Executive Summary
The application is referred to the Randwick Local Planning Panel (RLPP) as the development contravenes the development standard for minimum subdivision lot size by more than 10%.
The proposal seeks development consent for Torrens title subdivision of an attached dual occupancy that was originally approved on 7 November 2018 under DA/511/2018.
The proposal was notified and advertised in accordance with Randwick Community Participation Plan 2019 and no submissions were received.
The key issues associated with the proposal relate to non-compliance with the minimum subdivision lot size development standard pursuant to the RLEP, minimum lot size and frontage controls pursuant to the RDCP, and that the proposal would set an undesirable precedent that is not in the public interest.
The resulting lot sizes do not comply with the minimum 400sqm standard within Clause 4.1 of Randwick Local Environmental Plan 2012 (RLEP 2012) with the proposed Lot 1 (western allotment fronting Truscott Avenue) at 255sqm and proposed Lot 2 (eastern allotment fronting Anzac Parade) at 344sqm which represents a variation to the standard of 36.25% and 14% respectively.
Clause 4.1D of RLEP 2012 permits subdivision of attached dual occupancies in the R2 Low Density Residential zone that were approved before 6 July 2018, subject to the subdivision provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, however the dual occupancy was approved after this date therefore this clause does not apply.
The variation is not supported as the resulting lots will be inconsistent with the objectives of the minimum subdivision lot size standard and the R2 Low Density Residential zone because the proposal would result in undersized allotments that are not in accordance with the desired future character of the area. Approval would set an undesirable precedent for smaller allotments in that subdivision of the dual occupancy would change its definition to a “semi-detached dwelling”, which would increase the associated FSR for each allotment based on the resulting lot size in accordance with Clause 4.4(2A) of RLEP 2012. The current provisions render the site suitable to accommodate a dual occupancy that is subject to a 0.5:1 FSR, and thus protects housing affordability given that there can be only one property owner. The applicant’s written request to vary the standard has not adequately addressed those matters that are required to be demonstrated pursuant to Clause 4.6 of RLEP 2012.
It is recommended that RLPP refuse consent for the development for the reasons outlined above and within this report.
2. Site Description and Locality
The subject site is known as Lot 18 within Deposited Plan 245359 situated at 1127 Anzac Parade, Matraville. The site is situated on the south-western side of the road reserve at the corner of Anzac Parade and Truscott Avenue. The allotment is an irregular trapezoidal shape with splay corner and orientations to the north-east (towards Anzac Parade) and south-east (towards Truscott Avenue). The topography of the site slopes towards Anzac Parade with a crossfall to the corner of Anzac Parade and Truscott Avenue.
The site has the following areas and dimensions:
· Area: 599sqm;
· Frontage to Anzac Parade (North-east): 13.97m;
· Frontage to Truscott Avenue (South-East): 39.07m;
· Northern boundary: 36.195m;
· Eastern boundary: 13.38m.
The site currently comprises a two storey attached dual occupancy with integrated garages for each dwelling accessed from Truscott Avenue by a shared driveway. The dual occupancy dwellings are connected by single garages for each dwelling with an additional tandem parking space in-front of garages above the driveway. The remainder of the site is comprised of landscaped area.
The surrounding area is comprised of low-density residential housing of various ages and styles. The adjoining property to the north-west at 1125 Anzac Parade comprises a detached single storey dwelling house with an attached carport and rear outbuildings and the property to the south-west at 24 Truscott Avenue comprises a detached single storey dwelling house with detached garage and outbuilding and rear in-ground swimming pool. Further afield is St Spyridon College Senior Campus, Pioneers Park and Sportfields and Malabar Headland.
The subject site is not identified as a heritage item or situated within a heritage conservation area however it is within the vicinity of a number of items of heritage significance.
The site was inspected on 30 November 2020.
Image 1: View of the subject site and north-eastern dwelling on the site fronting Anzac Parade.
Image 2: View of the subject site along Truscott Avenue.
Image 3: View of the north-western dwelling on the site fronting Truscott Avenue.
Image 4: View of the adjoining property to the south-west at 24 Truscott Avenue.
Image 5: View of the adjoining property to the north-west at 1125 Anzac Parade.
3. Relevant History
Council’s records contain a number of applications for the subject site however only the following have relevance to the proposed development:
· Development Application DA/511/2018 for demolition of all structures on site and construction of a new two storey attached dual occupancy with associated site and landscaping works wwas approved on 7 November 2018.
Subdivision did not form part of the proposal or approved development.
· Construction Certificate CC/275/2019 for a new two storey attached dual occupancy with associated site and landscaping works was approved by a private certifier (Certifier’s reference 0105/19/01) on 25 June 2019.
While the construction appears to have been completed there is no record of an Occupation Certificate for the development.
4. Proposal
The proposal seeks development consent for Torrens title subdivision of the land comprising an existing dual occupancy into two (2) lots, as follows:
· Proposed Lot 1 (western allotment fronting Truscott Avenue): 255sqm; and
· Proposed Lot 2 (Eastern allotment fronting Anzac Parade): 344sqm.
Image 6: Proposed plan of subdivision.
5. Notification
The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Community Participation Plan 2019. No submissions were received by Council as a result of the notification process.
6. Relevant Environment Planning Instruments
6.1 State Environmental Planning Policies (SEPPs)
6.1.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (SEPP BASIX)
The proposal would not alter compliance with the existing BASIX certificate and associated commitments which relates to the development approved under DA/511/2018.
6.1.2 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (SEPP Vegetation)
The proposal would not alter existing landscaping or any significant trees on the site as no works form part of the application.
6.2 Local Environmental Plans (LEPs)
6.2.1 Randwick Local Environmental Plan 2012 (RLEP 2012)
Permissibility
The site is zoned R2 Low Density Residential under the provisions of RLEP 2012 and Clause 2.6 of RLEP 2012 permits subdivision with development consent of Council within any zoning.
The proposed Torrens title subdivision of land involves the division of land into two (2) or more parts which is covered by the definition of subdivision within the Environmental Planning and Assessment Act.
The land currently contains an attached dual occupancy on a single allotment. Subdivision as part of the proposal would result in a pair of semi-detached dwellings which are also permissible within the zone.
The proposed subdivision is considered to be inconsistent with the aims and objectives of the zone applying to the land as the proposed development:
· Would increase the density of development on lots less than 400sqm which is contrary to the level of density envisaged for the type of development within the zone;
· Would not be characteristic of the development in the locality as larger lots with developments of an appropriate size prevail within the immediately surrounding area;
· Would not be in keeping with the lot size configuration within the streetscape and the undersized lots would result in an unacceptable precedent for smaller sized lots immediately surrounding the site.
As a result, the development would not be in accordance with the desired future character nor provide for the housing needs of the community.
Clause 4.1 Minimum subdivision lot size
Clause 4.1 of RLEP 2012 sets out a minimum 400sqm lot size for development of the subject site and surrounding area. The subject site has an area of 599sqm and the proposed Torrens title subdivision of the site would result in two (2) undersized allotments, being 255sqm and 344sqm which represents a variation to the development standard of 36.25% and 14%. The applicant has submitted a Clause 4.6 variation request to this clause as addressed further below.
Image 7: RLEP 2012 Lot size map with the subject site highlighted.
The following development standard applies to the proposal:
|
Clause |
Development Standard |
Proposal |
Compliance |
|
4.1 Minimum subdivision lot size |
400sqm |
· Proposed Lot 1: 255sqm; and · Proposed Lot 2: 344sqm. |
No |
Clause 4.1D Subdivision of dual occupancies (attached) in Zone R2
On 17 August 2018, Amendment No. 5 to RLEP 2012 was published and allowed for subdivision of an attached dual occupancy as follows:
(1) This clause applies to a dual occupancy (attached) on land in Zone R2 Low Density Residential for which development consent was granted before 6 July 2018.
(2) Despite any other provision in this Plan, development consent may be granted for the subdivision of a dual occupancy to which this clause applies if the development meets the standards specified in the following provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008—
(a) for strata subdivision—clause 6.2, or
(b) for Torrens title subdivision—clause 6.4.
Note—
Development consent may be granted under clause 4.6 for development that would contravene a standard specified in this clause.
While the subject site is zoned R2 Low Density Residential, the development consent for the dual occupancy development was not granted until 7 November 2018 therefore this clause does not apply.
Clause 4.6 Exceptions to development standards
The non-compliances with the development standard for minimum subdivision lot size (Clause 4.1 of RLEP 2012) are discussed in Section 7 below.
7. Clause 4.6 Exception to a development standard
The following development standard in RLEP 2012 applies to the proposal:
|
Clause |
Development Standard |
Proposal
|
Proposed variation |
|
4.1 Minimum subdivision lot size |
400m² |
· Proposed Lot 1: 255sqm; and · Proposed Lot 2: 344sqm. |
145sqm (36.25%); and 56sqm (14%).
|
Clause 4.6 of RLEP 2012: Exception to a Development Standard relevantly states:
3. Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
4. Development consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Secretary has been obtained.
In Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ summarised the matters in Clause 4.6 (4) that must be addressed before consent can be granted to a development that contravenes a development standard.
1. The applicant’s written request has adequately demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case
Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 reinforces his previous decision In Wehbe v Pittwater Council [2007] NSWLEC 827 where he identified five commonly invoked ways of establishing that compliance with a development standard is unreasonable or unnecessary in the circumstances of the case. The most common is to demonstrate that the objectives of the development standard are achieved notwithstanding non-compliance with the standard.
2. The applicant’s written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.
Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 reinforces the previous decision in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 regarding how to determine whether ‘the applicant’s written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard’.
The grounds relied on by the applicant in their written request must be “environmental planning grounds” by their nature. Chief Justice Preston at [23] notes the adjectival phrase “environmental planning” is not defined, but would refer to grounds that relate to the subject matter, scope and purpose of the Environmental Planning and Assessment Act 1979 (EPA Act), including the objects in Section 1.3 of the EPA Act.
Chief Justice Preston at [24] notes that there here are two respects in which the written request needs to be “sufficient”.
1. The written request must focus on the aspect or element of the development that contravenes the development standard, not the development as a whole (i.e. The written request must justify the contravention of the development standard, not simply promote the benefits of carrying out the development as a whole); and
2. The written request must demonstrate that there are sufficient environmental planning grounds to justify contravening the development standard. In Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 at [31] Judge Pain confirmed that the term ‘sufficient’ did not suggest a low bar, rather on the contrary, the written report must address sufficient environmental planning grounds to satisfy the consent authority.
3. The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.
Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 at [27] notes that the matter in Clause 4.6(4)(a)(ii), with which the consent authority must be satisfied, is not merely that the proposed development will be in the public interest but that it will be in the public interest because it is consistent with the objectives of the development standard and the objectives for development of the zone in which the development is proposed to be carried out.
It is the proposed development’s consistency with the objectives of the development standard and the objectives of the zone that make the proposed development in the public interest.
If the proposed development is inconsistent with either the objectives of the development standard or the objectives of the zone or both, the consent authority, cannot be satisfied that the development will be in the public interest for the purposes of Clause 4.6(4)(a)(ii).
4. The concurrence of the Secretary has been obtained.
Chief Justice Preston in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 at [28] notes that the other precondition in Clause 4.6(4) that must be satisfied before consent can be granted is whether the concurrence of the Secretary has been obtained (cl 4.6(4)(b)). In accordance with Clause 4.6(5), in deciding whether to grant concurrence, the Secretary must consider:
(a) whether contravention of the development standard raises any matter of significance for state or regional environmental planning, and
(b) the public benefit of maintaining the development standard.
Under Clause 64 of the Environmental Planning and Assessment Regulation 2000, the Secretary has given written notice dated 21 February 2018, attached to the Planning Circular PS 18-003 issued on 21 February 2018, to each consent authority, that it may assume the Secretary’s concurrence for exceptions to development standards in respect of applications made under Clause 4.6 (subject to the conditions in the table in the notice).
The approach to determining a Clause 4.6 request as summarised by Preston CJ in Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, has been used in the following assessment of whether the matters in Clause 4.6(4) have been satisfied for each contravention of a development standard.
7.1. Exception to the minimum subdivision lot size development standard (Clause 4.1)
The applicant’s written justification for the departure from the minimum subdivision lot size development standard is contained in Appendix 2.
1) Has the applicant’s written request adequately demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?
The applicant’s written request seeks to justify the contravention of the minimum subdivision lot size development standard by demonstrating that compliance is unreasonable or unnecessary in the circumstances of the case because the relevant objectives of the standard are still achieved.
The objectives of the minimum subdivision lot size development standard are set out in Clause 4.1(1) of RLEP 2012. The applicant has addressed each of the objectives as follows:
(a) to minimise any likely adverse impact of subdivision and development on the amenity of neighbouring properties,
The applicant’s written justification demonstrates that this objective is satisfied by noting that:
· The site already accommodates an approved and constructed dual occupancy development;
· The proposed subdivision will have no impact on built form and consequently will not result in any adverse impacts on the amenity of neighbouring properties.
(b) to ensure that lot sizes allow development to be sited to protect natural or cultural features, including heritage items, and to retain special features such as trees and views,
· The site already accommodates an approved and constructed dual occupancy development;
· The proposed subdivision will have no impact on the siting of future built development.
(c) to ensure that lot sizes are able to accommodate development that is suitable for its purpose.
· The site already accommodates an approved and constructed dual occupancy development;
· The site is demonstrably fit for purpose for a dual occupancy with the proposed subdivision merely allowing for formalization o the legal ownership of each lot.
Planner’s comment: The intent of Clause 4.1 of RLEP 2012 is to ensure that subdivision of land is limited to sites that would be capable of resulting in an appropriate size of 400sqm in order to maintain a low density of residential development within the corresponding R2 Low Density Residential zone and thereby maintaining a reasonable level of residential amenity for building occupants.
Clause 4.1C of RLEP 2012 permits development for the purpose of an attached dual occupancy on land that has an area of at least 450sqm to which the existing development under DA/511/2018 complied.
Clause 4.1D permits subdivision of dual occupancies approved before 6 July 2018 however this clause does not apply to the subject site as the associated dual occupancy was approved after that date. The existing development under DA/511/2018 did not include subdivision of the site.
The objectives of minimum subdivision lot size include ensuring that new subdivision reflects the characteristic lot sizes and patterns of the streetscape and surrounding area. The development would not be in keeping within the lot size configuration within the streetscape and would result in an unacceptable precedent for smaller sized lots immediately adjoining the site and within the surrounding area.
In conclusion, the applicant’s written request has not adequately demonstrated that compliance with the development standard for minimum subdivision lot size (Clause 4.1 of RLEP 2012) is unreasonable or unnecessary in the circumstances of the case.
2) Has the applicant’s written request adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard?
The applicant’s written request seeks to demonstrate that there are sufficient environmental planning grounds to justify contravening the minimum subdivision lot size development standard as follows:
· The non-compliance does not create any amenity impact on adjoining properties given the built form on the site has been approved and constructed and the proposed subdivision would not alter the approved attached dual occupancy;
· Clause 4.1D of RLEP 2012 provides an exemption to dual occupancies approved before 6 July 2018. While this clause does not apply, the intent of the introduction of Clause 4.1D was not to disadvantage existing dual occupancies approved before the introduction of the Low Rise Housing Diversity Code. The Applicant believes that the subject site has bene equally disadvantaged because of Clause 4.1D and the deferral of the Low Rise Housing Diversity Code because an alternative complying development could have been constructed on the subject site (that could subsequently be subdivided); and
· The proposed development meets the objectives of the development standard and objectives of the R2 Low Density Residential zone.
Planner’s comment:
It is also noted that subdivision was not proposed as part of the original application and consent for the development was granted following introduction of Clause 4.1D of RLEP 2012. Clause 4.1 of RLEP 2012 would have applied at the time of the application which would have prevented subdivision of the site due to the lot size.
Clause 4.1D of RLEP 2012 was introduced as a method of dealing with previous community titling of dual occupancies and specifically refers to the approval dates of dual occupancies to which the clause applies.
The minimum lot size provisions within RLEP 2012 apply to dual occupancies and subdivision as complying development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2009 (the Codes SEPP) therefore the development could not be subdivided under the Codes SEPP.
It is further noted that Clause 3.6(d) of the Codes SEPP which relates to Torrens title subdivision of a dual occupancy reads:
if the subdivision relates to a dual occupancy, the area of each resulting lot must be at least—
(i) the minimum size specified for the subdivision of land for the purpose of a dual occupancy in the environmental planning instrument that applies to the land
The Torrens title subdivision of the subject site and adjoining land has therefore not been varied by the introduction of the Low Rise Housing Diversity Code. The minimum subdivision lot size of the subject site under the local environmental planning instrument (RLEP 2012) requires the size of any lot resulting from the subdivision of land not to be less than 400sqm.
In this instance, there are no environmental grounds which would support the variation to Clause 4.1 of RLEP 2012. The public interest would be best served by continuing the consistent approach of refusing applications where subdivision of undersized allotments is proposed unless there are extraordinary planning reasons to support a variation which are site specific.
The applicant has not demonstrated circumstances that are specific to the proposed development, having regard to the location of the site and subdivision pattern within the streetscape and, as noted above, it has not been demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard.
The development would undermine the underlying intent of the relevant LEP provisions which envisages a mix of low density residential development in the form of low density residential accommodation (single dwellings, dual occupancies and semi-detached dwellings) with adequate dimensions.
3) Will the proposed development be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?
To determine whether the proposal will be in the public interest, an assessment against the objectives within Clause 4.1 Minimum subdivision lot size and the R2 Low Density Residential zone within RLEP 2012 is provided below:
Assessment against objectives of the minimum subdivision lot size development standard:
The objectives for minimum subdivision lot size have been outlined and addressed above. For the reasons outlined in the applicant’s written request, the development is considered to be inconsistent with the objectives of the minimum subdivision lot size development standard.
Assessment against objectives of the R2 Low Density Residential zone
The objectives of the R2 Low Density Residential zone are:
· To provide for the housing needs of the community within a low density residential environment.
Planner’s comment: The proposed development would increase the existing dwelling entitlements therefore the proposal would remove rental accommodation within the surrounding area which would not support the housing needs of the community within a low density residential environment.
· To enable other land uses that provide facilities or services to meet the day-to-day needs of residents.
Planner’s comment: The proposed development does not include a change of use from residential to a commercial use therefore this objective is not applicable.
· To recognise the desirable elements of the existing streetscape and built form or, in precincts undergoing transition, that contribute to the desired future character of the area.
Planner’s comment: The proposed subdivision would afford additional built form entitlements in regards to FSR, site coverage and deep soil areas which would significantly exceed that identified for the site, and as such it cannot be said that the proposed subdivision would protect the amenity of residents given that it will create the potential for significant adverse impacts given the minimal allotment size.
· To protect the amenity of residents.
Planner’s comment: While the dual occupancy is existing, the proposed subdivision and associated change of the dwelling type from a dual occupancy would set an unacceptable precedent for development of surrounding sites to exceed the built form and envelope controls which would affect the amenity of residents particularly where it is anticipated that lots within the R2 Low Density Residential zone shall be larger allotments which provide increased amenity.
· To encourage housing affordability.
Planner’s comment: The proposed development would improve housing affordability however would remove by increasing dwelling entitlements on the subject site. Despite this, the development would reduce rental accommodation within the surrounding area.
· To enable small-scale business uses in existing commercial buildings.
Planner’s comment: The proposed development does not include a change of use from residential to a commercial use therefore this objective is not applicable.
For the reasons outlined above, the development is considered to be inconsistent with the objectives within Clause 4.1 Minimum subdivision lot size and the R2 Low Residential zone. Accordingly, the proposed development is not considered to be in the public interest.
4) Has the concurrence of the Secretary been obtained?
In assuming the concurrence of the Secretary of the Department of Planning and Environment the matters in Clause 4.6(5) have been considered:
Does contravention of the development standard raise any matter of significance for state or regional environmental planning?
The proposed development and variation from the development standard does not raise any matters of significance for state or regional environmental planning.
Is there public benefit from maintaining the development standard?
Variation of the minimum subdivision lot size standard would result in highly uncharacteristic lot sizes that are incompatible with the established subdivision pattern. The public interest would be best served by continuing the consistent approach of refusing applications where subdivision of undersized allotments is proposed unless there are extraordinary planning reasons to support a variation which are site specific.
8. Development Control Plans and Policies
8.1 Randwick Comprehensive Development Control Plan 2013 (RDCP 2013)
|
Clause |
Controls |
Proposal |
Compliance |
|
|
Classification |
Zoning: R2 |
|
|
2 |
Site planning |
||
|
2.1 |
Minimum lot size and frontage |
||
|
|
Minimum lot size (RLEP): · R2 = 400sqm · R3 = 325sqm |
· Proposed Lot 1: 255sqm; and · Proposed Lot 2: 344sqm. |
No |
|
|
Minimum frontage |
|
|
|
|
i) Min frontage R2 = 12m ii) Min frontage R3 = 9m iii) No battle-axe or hatchet in R2 or R3 iv) Minimum frontage for attached dual occupancy in R2 = 15m v) Minimum frontage for detached dual occupancy in R2 = 18m |
Min = 12m
· Proposed Lot 1: 17.335m; · Proposed Lot 2: 13.97m (excluding splay corner). |
Yes |
9. Environmental Assessment
The site has been inspected and the application has been assessed having regard to Section 4.15 of the Environmental Planning and Assessment Act, 1979, as amended.
|
Section 4.15 ‘Matters for Consideration’ |
Comments |
|
Section 4.15(1)(a)(i) – Provisions of any environmental planning instrument
|
Randwick Local Environmental Plan 2012 (RLEP 2012)
See discussion in Sections 6, 7 and 9.1 Discussion of Key Issues within this report. |
|
Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument |
Not applicable. |
|
Section 4.15(1)(a)(iii) – Provisions of any development control plan |
Randwick Comprehensive Development Control Plan 2013 (RDCP 2013)
The proposal does not satisfy the relevant objectives and controls of RDCP 2013 as addressed in Section 8 of this report. |
|
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 Regulation have been satisfied. |
|
Section 4.15(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality
|
The environmental impacts of the proposed development on the natural and built environment have been addressed in this report.
The proposed development is inconsistent with the desired character of the locality and the predominant subdivision pattern of the area. |
|
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. However, the site does not have sufficient area to accommodate the proposed subdivision. Therefore, the site is not 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 by Council following public notification of the application. |
|
Section 4.15(1)(e) – The public interest |
The proposal does not promote the objectives of the zone and will result in any significant adverse environmental, social or economic impacts on the locality. Approval of the application would set an undesirable precedent for similar developments and accordingly, the proposal is not considered to be in the public interest. |
9.1. Discussion of Key Issues
Minimum subdivision lot size
The existing development for an attached dual occupancy under DA/511/2018 complies with the minimum lot size provisions for attached dual occupancies in the R2 Low Density Residential zone under Clause 4.1C of RLEP 2012. Subdivision of the existing attached dual occupancy however would result in lot sizes that would be undersized therefore a variation to the standard is required to be considered under Clause 4.6 of RLEP 2012.
The resulting lot sizes do not comply with the minimum 400sqm standard within Clause 4.1 of Randwick Local Environmental Plan 2012 (RLEP 2012) with the proposed Lot 1 (western allotment fronting Truscott Avenue) at 255sqm and proposed Lot 2 (eastern allotment fronting Anzac Parade) at 344sqm which represents a variation to the standard of 36.25% and 14% respectively.
Clause 4.1D of RLEP 2012 permits subdivision of attached dual occupancies in the R2 Low Density Residential zone that were approved before 6 July 2018, subject to the subdivision provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, however the dual occupancy was approved after this date therefore this clause does not apply.
The variation is not supported as the resulting lots will not be consistent with the objectives of the minimum subdivision lot size standard and the R2 Low Density Residential zone because the proposal would result in undersized allotments which would set an unacceptable precedent for smaller sized lots within the area. The applicant’s written request to vary the standard has not adequately addressed those matters that are required to be demonstrated pursuant to Clause 4.6 of RLEP 2012.
The application is accompanied by a Clause 4.6 variation statement which is not supported by Council as a variation to the Clause 4.1 pursuant to Clause 4.6 would erode the intent of the standard which is to permit subdivision only on lots 400sqm or greater to ensure that the low density residential environment is maintained within the R2 zone and allow for reasonable residential amenity and housing needs for the community.
Predominant subdivision and development pattern
Clause 2.1 of RDCP 2013 supplements the LEP provisions in relation to subdivision and aims to ensure that land subdivision respects the predominant subdivision and development pattern of the locality and creates allotments which deliver suitable building design and maintain the amenity of neighbouring properties.
The development would not be in keeping within the lot size configuration within the streetscape and would result in an unacceptable precedent for smaller sized lots immediately adjoining the site and within the surrounding area. The predominant subdivision pattern of the surrounding area is larger allotments approximately 400-700sqm in size and the existing subdivision pattern remains largely intact. Any subdivision resulting in a lot size smaller than the desire dminimum lot size is considered to disrupt this subdivision pattern and would also result in an undesirable precedence for the area.
It is noted that there are only a small number of semi-detached dwellings within the subject land block all of which were all subdivided in accordance with Clause 4.1D of RLEP 2012 and are situated ot the west of the site and not within the immediate vicinity of the subject site. It is noted that there are no recent examples of subdivision of dual occupancies or variation of the development standard for minimum subdivision lot size within the immediate surrounding area. The application for the subject dual occupancy, DA/511/2018, was lodged and approved after the relevant date within Clause 4.1D therefore this clause does not apply to the subject site. That application did not include subdivision given the legislative provisions that applied at the time of assessment.
Image 8: Aerial view of the immediate surrounding area showing sites the subject of subdivision of existing approved dual occupancies under Clause 4.1D of RLEP 2012.
The intention of the R2 Low Density Residential zone is to maintain larger allotments, noting that there are no limitations to the size, width and configuration of allotments within the R3 Medium Density Residential zone which allows the additional housing form of smaller semi-detached dwellings within the LGA. As such, it is anticipated that lots within the R2 zone shall be larger allotments, which provide increased amenity, and the proposed lots are not considered to be adeqaute in width or size to deliver suitable building design or maintain the amenity of neighbouring properties. As such, the proposal is inconsistent with the objectives of Clause 2.1 of RDCP 2013 and cannot be supported in this instance.
R2 Low Density Residential Zone
The R2 Low Density Residential zone permits a variety of low density housing forms including dwelling houses, semi-detached dwellings and attached dual occupancies, and the objectives of the R2 zone aim to ensure that a mix of housing options are provided to facilitate the housing needs of the community.
The intention of dual occupancy developments is to provide for housing diversity and affordability within the R2 zone. Dual occupancy developments allow for additional housing choice, being smaller and more affordable occupancies than single dwellings or semi-detached dwellings.
An attached dual occupancy development would be more likely to be rented or occupied by an extended family, which would be consistent with the objectives of the zone and the aims of the RLEP which include encouraging the provision of housing mix, tenure choice and affordability.
This is supported by the development standards and planning controls applicable to dual occupancy development which sets a maximum FSR of 0.5:1 and prevents subdivision of dual occupancies with a site area of less than 800sqm (requiring each new lot to be a minimum of 400sqm). As such, dual occupancy development also provides an important form of housing, being a form of rental accommodation (noting that the site requirements for a dual occupancy development is 450sqm under Clause 4.1C of RLEP 2012, whereas the subdivision of dual occupancies and creation of semi-detached dwellings requires a minimum site area of 800sqm).
Precedent and Public Interest
Approval would set an undesirable precedent for smaller allotments in that subdivision of the dual occupancy would change its definition to a “semi-detached dwelling”, which would increase the associated FSR for each allotment based on the resulting lot size in accordance with Clause 4.4(2A) of RLEP 2012. The current provisions render the site suitable to accommodate a dual occupancy that is subject to a 0.5:1 FSR, and thus protects housing affordability given that there can be only one property owner.
In view of the above assessment, it is considered that approval of the proposed subdivision would set an undesirable precedent for subdivision of dual occupancies below that anticipated by the controls contained within RLEP and RDCP, and that expected of the community. As such, establishing a minimum lot size ensures that the amenity of neighbouring residents and occupants of the development is maintained. The proposed development would not be considered to be in the public interest and the application is not supported in this instance.
10. Conclusion
That the application for Torrens title subdivision of the land comprising an existing dual occupancy into two (2) lots at 1127 Anzac Parade, MATRAVILLE NSW 2036 be refused for the following reasons:
1. The proposal does not comply with the minimum subdivision lot size of 400sqm as specified under Clause 4.1 of Randwick Local Environmental Plan 2012 (RLEP 2012) resulting in inadequate and undersized allotments and the variation is not within the public interest given that it is not consistent with the objectives of the zone or the standard.
2. The written request to vary the standard pursuant to Clause 4.6 of the RLEP is not well-founded. A Clause 4.6 variation to Clause 4.1 would erode the intent of the standard which is to permit subdivision only on lots 400sqm or greater to ensure that the low density residential environment is maintained within the R2 Low Density Residential zone and allow for reasonable residential amenity and housing needs for the community;
3. The proposal does not satisfy the relevant controls and objectives in relation to minimum lot size and frontage controls contained in Part C1 of Randwick Comprehensive Development Control Plan 2013 (RDCP 2013) as the land subdivision would not respect the predominant subdivision and development pattern; and
4. The variation
to the development standard would create an undesirable precedent for similar
development within the R2 Low Density Residential zone and would not be in the
public interest for the reasons outlined in points 1 to 3 above. As such the
provisions of Section 4.15 of the Environmental Planning and Assessment Act
1979 are not satisfied.
Appendix 1: Referrals
1. Development Engineer
An application has been received for the Torrens title subdivision of the existing dual occupancy development at the above site into 2 lots.
This report is based on the following plans and documentation:
· Draft Subdivision Plans by Mark John Andrew Surveyor;
· SEE by Planning Ingenuity
General Comments
The above site was subject to a Dual Occupancy - DA/511/2018 & CC/275/2019.
An Occupation Certificate has not been issued for the development at the time of this report.
The site inspection also revealed that Condition No 46 of the DA Consent regarding undergrounding of power from the existing Ausgrid Power Poles has been complied with.
Appendix 2: Applicant’s written request seeking to justify the contravention of the development standard
Nil
Responsible officer: Sacha Kaless, Senior Environmental Planning Officer
File Reference: DA/444/2020
Randwick Local Planning Panel (Electronic) meeting
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Development Application Report No. D3/21
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Subject: 9 Kyogle St, Maroubra (DA/586/2020) |
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Subject Site |
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Submissions received
Ù North
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Locality Plan |
1. Executive summary
The application is referred to the Randwick Local Planning Panel (RLPP) as the landowner is a Council Officer.
The proposal seeks development consent for use of existing outbuilding as a home industry for preparation of meals to be sold off site.
The proposal is not expected to result in adverse amenity impacts and is recommended for approval subject to conditions.
2. Site Description and Locality
The subject site is commonly referred to as 9 Kyogle Street, Maroubra and is legally described as Lot B in DP 3989593. Currently located on the site is an existing two storey semi-detached dwelling. A long, paved driveway runs the length of the southern side boundary leading to an outbuilding located at the rear of the site, which is the subject of this application.
The existing outbuilding is single storey with a flat roof. The external walls are rendered and painted to match the existing dwelling on the site. Adjoining the outbuilding to its rear is a small laundry linked to the dwelling on the site.
Surrounding development in the area is residential comprising single and two storey dwellings.
The subject site as viewed from Kyogle Street.
The existing outbuilding (western elevation).
The interior of the existing outbuilding.
The interior of the existing outbuilding.
3. Relevant history
DA/37/2012 - Alterations and additions to the existing semi-detached dwelling including new first floor addition and new detached garage and laundry at the rear of the site. Approved 13/03/2012 by Council Committee.
4. Proposal
The proposal seeks development consent for use of existing outbuilding as a home industry for preparation of meals to be sold off site. Specifically, plant-based meals including salads.
The home industry will operate weekdays only from 8am to 3pm and deliveries to the site will occur once a fortnight via a refrigerated van with unloading to occur on the street in front of the property. A condition of consent is included to enforce hours of operation including delivery times. There will be no consumption of food on the premises, with no dining or take away facilities proposed in accordance with the land use definition, and there are no additional staff members employed other than those residing at the dwelling.
The existing outbuilding is detached and located towards the rear of the site. The current application does not seek any changes to the external presentation of the outbuilding with all openings and finishes retained as existing. The internal fit out has been designed to maximise food flow patterns with cooking and preparation areas proposed. As part of the kitchen, the following will be installed:
- Fridge
- Freezer
- Sink
- Dishwasher
- Oven
- Stove top
- Range hood
- Stainless steel bench
The applicant has confirmed that as only plant-based products are being prepared, only a standard domestic stove and range hood is proposed with an extraction vent through the roof and a condition is recommended to enforce this. Sanitary facilities are located within the existing laundry and may be used by staff. With respect to waste management, garbage and recycling bins will be stored externally on a paved surface. No advertising or signage is proposed.
5. Notification
The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Community Participation Plan. The following submissions were received as a result of the notification process:
· 2 Glenugie Street
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Issue |
Comment |
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The submitted SEE does not nominate specific hours of operation. Operating hours should be limited to 8am – 6pm. |
This is supported by Council’s Environmental Health Officer noting that standard hours for such a use is between 7am-10pm Mon-Sun. A condition is recommended to enforce the proposed operating hours, which are within standard hours. |
6. Relevant Environment Planning Instruments
6.1. SEPP (Vegetation in Non-rural Areas) 2017
The Vegetation SEPP came into effect in NSW on 25 August 2017. The aims of the Vegetation SEPP are:
“(a) to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and
(b) to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.”
Clause 7(1) requires a permit to be granted by the Council for the clearing of vegetation in non-rural areas (such as City of Randwick).
Assessing officer’s comment: No tree removal is proposed therefore biodiversity values shall not be affected.
6.2. SEPP 55 – Remediation of Land
The site history indicates a history of a residential nature. Therefore, it is not likely that the site has experienced any contamination.
In accordance with State Environmental Planning Policy No. 55, Council is able to conclude that no further assessment of contamination is necessary.
6.3. Randwick Local Environmental Plan 2012 (LEP)
The site is zoned Residential R2 Low Density under Randwick Local Environmental Plan 2012 and the proposal is permissible with Council’s consent.
The proposed use is considered to be a home industry, which is defined as follows:
(a) the employment of more than 2 persons other than the residents,
(b) interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d) the exhibition of signage, other than a business identification sign,
(e) the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note-
See clause 5.4 for controls relating to the floor area used for a home industry”.
The proposal satisfies the above definition as follows:
- The proposal involves a business use carried out in a building ancillary to a residential dwelling, by 1 or more permanent residents of the dwelling.
- The proposal:
o Does not employ any staff other than the residents;
o Does not interfere with the amenity of the neighbourhood;
o Will not be visible from a public place, acknowledging that the existing outbuilding is located at the rear of the site;
o Does not include any signage; and
o Does not include the retail sale of any items from the premises.
Clause 5.4 of the RLEP12 provides for controls relating to miscellaneous permissible uses. Specifically, Clause 5.4(3) provides for additional controls relating to a home industry. The control reads as follows:
“(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 30 square metres of floor area”.
The proposed home industry will not involve the use of more than 30sqm of floor area with a gross floor area of just 17.98sqm proposed (inclusive of the laundry/sanitary facilities).
The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will enable other land uses that provide facilities or services to meet the day to day needs of residents, and will protect the amenity of the local residents subject to conditions.
The following development standards contained in the RLEP 2012 apply to the proposal:
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Description |
Council Standard |
Proposed |
Compliance |
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Height of Building (Maximum) |
9.5m |
2.82m (existing outbuilding – unchanged by this proposal). |
N/A |
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Floor Space Ratio (Maximum) |
Clause 4.4(2B) states there is no maximum FSR for a dwelling house or semi - detached dwelling on a lot that has an area of 300sqm or less. |
As the subject site is 283sqm and contains a semi-detached dwelling, there are no applicable FSR controls.
The proposed works do not seek any additional floor area. |
N/A |
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 proposal is consistent with the objectives of the Randwick DCP, noting that there are no changes proposed to the envelope of the existing outbuilding, and there will be no adverse amenity impacts to neighbouring properties subject to conditions.
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.
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Section 4.15 ‘Matters for Consideration’ |
Comments |
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Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument |
See discussion in sections 6 & 7.
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Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument |
Nil. |
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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.
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Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement |
Not applicable. |
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Section 4.15(1)(a)(iv) – Provisions of the regulations |
The relevant clauses of the Regulations have been satisfied. |
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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 noting there is no change proposed to the envelope of the existing outbuilding.
The proposal will not result in detrimental social or economic impacts on the locality. |
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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. |
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Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation
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The issues raised in the submission has been addressed in this report. |
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Section 4.15(1)(e) – The public interest |
The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest. |
9. Conclusion
That the application for use of existing outbuilding as a home industry for preparation of meals to be sold off site be approved (subject to conditions) for the following reasons:
· The proposal is consistent with the relevant objectives contained within the RLEP 2012 and the relevant requirements of the RDCP 2013
· The proposal is consistent with the specific objectives of the R2 zone in that the proposed activity and built form will enable other land uses that provide facilities or services to meet the day to day needs of residents, and will protect the amenity of the local residents.
Appendix 1: Referrals
Environmental Health Officer
Food Safety:
The meals being produced are all plant based. No food will be consumed on site as it is all for take away. The applicant has informed Council that the kitchen will be a small home style kitchen.
Appropriate conditions in relation to food safety have been included in this report below.
Acoustics:
The small home business will be operating 3 hours per day, 2 – 3 weekdays per week.
The applicant has informed Council that cooking will be carried out between 8.00am – 03.00pm on weekdays only.
There will be no additional staff or patrons on site. No amplified sound, entertainment or musical instruments will be on site. The small exhaust will have minimal noise impact and will only be used during operating hours.
One submission was received regarding the hours of operation.
Appropriate conditions in relation to noise have been included in the report below.
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1.⇩ |
RDAP Dev Consent Conditions (general) - DA/586/2020 - 9 Kyogle Street, MAROUBRA NSW 2035 - Development - Superior Designs |
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Responsible officer: William Jones, Coordinator Development Application Assessments
File Reference: DA/586/2020
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RDAP Dev Consent Conditions (general) - DA/586/2020 - 9 Kyogle Street, MAROUBRA NSW 2035 - Development - Superior Designs |
Attachment 1 |
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DA No: |
DA/586/2020 |
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Property: |
9 Kyogle Street, MAROUBRA NSW 2035 |
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Proposal: |
Use of existing outbuilding as a home industry for preparation of meals to be sold off site. |
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Recommendation: |
Approval/Deferred Commencement Approval |
Development Consent Conditions
GENERAL CONDITIONS
The development must be carried out in accordance with the following conditions of consent.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.
Approved Plans & Supporting Documentation
1. The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:
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Plan |
Drawn by |
Dated |
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Site Plan |
Superior Design |
30/10/20 |
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Ground Floor Plan & Elevations |
Superior Design |
30/10/20 |
2. The home industry must be operated by at least one permanent resident of the dwelling and not involve any of the following:
· the employment of more than 2 persons other than the residents;
· interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise;
· the exposure to view, from adjacent premises or from a public place, of unsightly matter;
· the exhibition of signage; or the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing.
3. Any extraction vent shall be provided through the roof and directed away from neighbouring properties.
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
4. 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). Details of compliance with the BCA are to be included in the construction certificate application.
Design, Construction & Fit-out of Food Premises
5. The premises is to be designed and constructed in accordance with the Food Act 2003, Food Regulation 2010, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises. Details of the design and construction of the premises are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.
6. The design and construction of the food premises must comply with the following requirements, as applicable:-
a) The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non-slip and non-abrasive. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer. The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.
b) Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.
The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops, wash hand basins, sinks and equipment.
c) Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.
d) The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non-absorbent material (i.e. fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material), with a light coloured washable paint finish. ‘Drop-down’ ceiling panels must not be provided in food preparation or cooking areas.
e) All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc must be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.
f) Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material. The use of particleboard or similar material is not permitted unless laminated on all surfaces.
g) Fly screens and doors with self-closing devices, are to be provided to all external door and window openings and an electronic insect control device/s are to be provided in suitable locations within the food premises.
h) A mechanical ventilation exhaust system is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, where required under the provisions of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.
Emission control equipment shall be provided in mechanical exhaust systems serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils.
i) Wash hand basins must be provided in convenient positions located in the food preparation areas, with hot and cold water, together with a sufficient supply of soap and clean towels. The hot and cold water must be supplied to the wash hand basins through a suitable mixing device.
j) Cool rooms or freezers must have a smooth epoxy coated concrete floor, which is to be sloped to the door. A floor waste connected to the sewer is to be located outside the cool room/freezer. The floor waste should be provided with a removable basket within a fixed basket arrestor and must comply with Sydney Water requirements.
k) All cool rooms and freezers must be able to be opened from the inside without a key and fitted with an alarm (bell) that can only be operated from within the cool room/freezer.
l) Any space or gap between the top of any cool room or freezer and the ceiling must be fully enclosed and kept insect and pest proof (e.g. plasterboard partition with gaps sealed).
7. A certificate or statement must be obtained from a suitably qualified and experienced Food Safety Consultant, which confirms that the design and construction of the food business will satisfy the relevant requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004) - Design, construction and fit-out of food premises, prior to a construction certificate being issued for the ‘fit-out’ of the food business, to the satisfaction of the Principal Certifying Authority.
8. Liquid trade waste materials are to be drained to the sewer (via a suitable grease trap) and details of compliance are to be submitted 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 Certifier’, as applicable.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.
Certification & Other Requirements
9. Prior to the commencement of any building works, the following requirements must be complied with:
a) a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.
A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.
b) a Principal Certifier must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and
c) a principal contractor must be appointed for the building work, 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 Principal Certifier and Council are to be notified accordingly; and
d) the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifier; and
e) at least two days notice must be given to the Council, in writing, prior to commencing any works.
REQUIREMENTS DURING CONSTRUCTION & SITE WORK
The following conditions of consent must be complied with during the demolition, excavation and construction of the development.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.
Inspections during Construction
10. Building works are required to be inspected by the Principal Certifier, in accordance with the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.
Site Signage
11. A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:
· name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)
· name, address and telephone number of the Principal Certifier,
· a statement stating that “unauthorised entry to the work site is prohibited”.
Restriction on Working Hours
12. Building, demolition and associated site works must be carried out in accordance with the following requirements:
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Activity |
Permitted working hours |
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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 |
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Excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like
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· Monday to Friday - 8.00am to 1.00pm · Saturday - No work permitted · Sunday & public holidays - 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 Certifier’ issuing an ‘Occupation Certificate’.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.
Occupation Certificate Requirements
13. An Occupation Certificate must be obtained from the Principal Certifier prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.
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.
Hours of Operation
14. The hours of the operation of the business are restricted to the following:-
· Monday through to Friday inclusive from 8am to 3pm.
· Deliveries are to occur only within the approved hours specified above.
Food Storage
15. All food preparation, cooking, display and storage activities must only be carried out within the approved food premises.
Storage shall be within appropriate shelves, off the floor and in approved storage containers. External areas or structures must not be used for the storage, preparation or cooking of food, unless otherwise approved by Council in writing and subject to any necessary further approvals.
Food Safety Requirements
16. The food premises must be Registered with Council's Health, Building & Regulatory Services Department and the NSW Food Authority in accordance with the Food Safety Standards, prior to commencing business operations.
17. A Food Safety Supervisor must be appointed for the business and the NSW Food Authority and Council must be notified of the appointment, in accordance with the Food Act 2003, prior to commencing business operations. A copy of which must be maintained on site and be provided to Council officers upon request.
18. A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances. The thermometer is to be located so as to be read easily from the outside of the appliance.
19. A digital probe type thermometer must also be readily available to check the temperature of food items.
20. All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature. Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.
21. Food safety practices and the operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:
· Food handling – skills, knowledge and controls.
· Health and hygiene requirements.
· Requirements for food handlers and businesses.
· Cleaning, sanitising and maintenance.
· Design and construction of food premises, fixtures, fitting and equipment.
The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.
Failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.
22. The food premises must be kept in a clean and sanitary condition at all times, including all walls, floors, ceilings, fixtures, fittings, appliances, equipment, fridges, freezers, cool rooms, shelving, cupboards, furniture, crockery, utensils, storage containers, waste bins, light fittings, mechanical ventilation & exhaust systems & ducting, storage areas, toilet facilities, basins and sinks.
Environmental Amenity
23. There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.
24. The proposed use of the premises and the operation of all plant and equipment must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.
In this regard, the use and operation of the premises (including all plant and equipment) shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A). The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Office of Environment & Heritage/Environment Protection Authority Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).
Waste Management
25. Adequate provisions are to be made within the confines of the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council, prior to commencing business operations.
The waste storage area must be located within the property and not within any areas used for the preparation or storage of food.
A tap and hose is to be provided within or near the waste storage area and suitable drainage provided so as not to cause a nuisance.
Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.
26. Trade/commercial waste materials must not be disposed via council’s domestic garbage service. All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to the Council prior to commencing operation of the business.
Sanitary Facilities
27. Sanitary facilities, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage, must be provided for customers and staff and be maintained in a clean and sanitary condition at all times.
External Lighting
28. 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.
Plant & Equipment
29. 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 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 Office of Environment & Heritage (EPA) Noise Control Guidelines.
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 Council’s policies. This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.
A1 The assessment of this development application does not include an assessment of the proposed building work under the Food Act 2003, Food Safety Standards or Building Code of Australia (BCA).
All new building work must comply with relevant regulatory requirements and Australian Standards and details of compliance are to be provided in the construction certificate application.
A2 The design and construction of the premises must satisfy the requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004). Prior to finalising the design and fit-out for the development and prior to a construction certificate being obtained, advice should be obtained from an accredited Food Safety Consultant (or Council’s Environmental Health Officer).
A3 The applicant and operator are also advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.
A4 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.
A5 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.
A6 In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) must not be commenced until:
§ A Construction Certificate has been obtained from an Accredited Certifier or Council,
§ An Accredited Certifier or Council has been appointed as the Principal Certifier for the development,
§ Council and the Principal Certifier have been given at least 2 days notice (in writing) prior to commencing any works.
A7 Council can issue your Construction Certificate and be your Principal Certifier for the development, to undertake inspections and ensure compliance with the development consent and relevant building regulations. For further details contact Council on 9093 6944.
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).
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Development Application Report No. D4/21
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Subject: 279 Avoca St, Randwick (DA/619/2018/B) |
Proposal: Modification of the approved development to add a third car parking spot in the frontage. Original consent: Demolition of all existing structures, construction of a 2 level boarding house in 2 building forms containing 10 boarding rooms and associated parking with access from Dine Lane plus motorcycle and bicycle parking, landscaping and associated works.
Ward: East Ward
Applicant: Aramoon Pty Ltd
Owner: J Jabbour Investments Pty Ltd
Cost of works: $1,804,000 (original DA)
Reason for referral: The proposal seeks to modify conditions amended and additionally imposed by the Panel.
Recommendation
That the RLPP,
as the consent authority, approve the application made under Section 4.55 of
the Environmental Planning and Assessment Act 1979, as amended, to modify Development
Application No. 619/2018 for modification of the approved development to add a
third car parking spot in the frontage, at No. 279 Avoca St, Randwick in the
following manner:
· Amend Condition 1 to read:
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:
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Rev |
Drawn by |
Dated |
Received by Council |
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DA01 |
O |
DESTECH Building Group |
20/05/19 |
22/05/19 |
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DA03 |
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DA04 |
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DA05 |
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DA06 |
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DA07 |
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DA08 |
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DA09 |
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BASIX Certificate No. |
Dated |
Received by Council |
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953843M |
13 June 2019 |
13 June 2019 |
EXCEPT where amended by:
· Council in red on the approved plans; and/or
· Other conditions of this consent; and/or
· the following Section 4.55 plans and supporting documents only in so far as they relate to the modifications highlighted on the Section 4.55 plans and detailed in the Section 4.55 application:
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Plan |
Drawn by |
Dated |
Received by Council |
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CC04 Issue 2 |
DESTECH Building Group |
11/12/19 |
20/10/20 |
· Modify the following conditions to read:
2. b. The Plan of Management document ID: 1811 Revision B, dated 2/04/2019 shall be amended to include the following aspects to the satisfaction of Council’s Manager Development Assessment:
· The restriction on the number of lodgers approved for the boarding house to eighteen (18).
· The number of lodgers for each of the boarding rooms. No boarding room will be occupied by more than 2 adult lodgers for the double boarding room and 1 single adult lodger for the single boarding rooms.
· Evacuation procedures, including in case of a major flood event.
· All new occupants of this development must be informed of flooding risk and evacuation procedures.
· Apply a management policy that prohibits access to and use of the outdoor communal open space between 10pm to 7am Monday to Sunday.
· Include details on the provision of transportation options for persons with a disability who might reside at the premises.
13. One carspace only shall be dedicated as a carshare and the remaining spaces shall be allocated for boarding house residents.
Carshare
79. One carspace only shall be dedicated as carshare and the remaining spaces shall be allocated for boarding house residents. The PCA shall be satisfied that the carshare arrangements have been implemented prior to the issuing of a final occupation certificate.
98. One carspace only shall be dedicated as carshare and the remaining spaces shall be allocated for boarding house residents.
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Subject Site |
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Submissions received
Ù North
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Locality Plan |
1. Reason for referral
This application is referred to the Randwick Local Planning Panel (RLPP) because the proposal seeks to modify conditions amended and additionally imposed by the Panel.
The proposal is for modification of the approved development to add a third car parking space in the frontage. The original development application was referred to the RLPP because 21 unique submissions by way of objection were received. 2 car parking spaces were approved in the frontage as the sole parking to serve the development, being 1 x car share space and 1 x accessible space. The proposed modification seeks to delete the accessible car parking space and shared zone to add an additional car parking space, resulting in there being 3 spaces in total (1 x car share and 2 x standard spaces).
The applicant has submitted a performance-based solution to the Disability, (Access to Premises - Building) Standards 2010 to justify the removal of the accessible parking space. Although it is the responsibility of the Certifier to ensure compliance with the access to premises standards at Construction Certificate stage, the additional car parking space is supported by Council’s Development Engineer and Building Surveyor and an assessment is carried out against the access to premises standards to determine potential impacts. It is not considered that the loss of the accessible parking space will result in a detrimental loss of amenity given the boarding house will be appropriately managed as per the Plan of Management to ensure that persons with a disability will still be able to reside at the premises without being unreasonably disadvantaged.
The proposed modification application seeks to add an additional car parking space, which will provide an overall increased parking benefit. In addition, the provision of 3 spaces in the frontage will not adversely affect streetscape amenity noting that the area to be utilised was approved as a share way associated with the accessible space, and therefore will not result in loss of landscaped area. Condition 2. b. relating to the plan of management is also recommended to be modified to ensure that the POM is updated to include details on the provision of transportation options for persons with a disability who might reside at the premises.
2. Site Description and Locality
The subject site is known as 279 Avoca Street, Randwick and is legally described as Lot 1 in DP 954307. The site is 459.9m2, is regular in shape and has a 9.14m frontage to Avoca Street, a depth of 50.29m and contains rear lane access via Dine Lane. The site contained a single storey detached dwelling house with a detached garage and outbuilding to the rear located adjacent to Dine Lane. Works have since commenced on the original DA approval.
Surrounding residential development forms part of the R2 Low Density Residential zone and comprises of a mixture of uses from a school to the west, Prince of Wales hospital to the north-west as well as a number of dwelling houses and residential flat buildings that front Avoca Street. Directly adjoining the subject site to the north and south (at no.’s 277 & 281 Avoca Street, respectively) are single storey dwelling houses.
3. Details of Current Approval
Original Development Application
The original development application was determined by the Panel on 13 June 2019.
The approved development is for demolition of all existing structures, construction of a 2 level boarding house in 2 building forms containing 10 boarding rooms and associated parking with access from Dine Lane plus motorcycle and bicycle parking, landscaping and associated works.
Of relevance to this modification application the Panel resolved to amend conditions 2, 13 and 79 and add new condition 89 as follows:
· The Panel amended condition 2 to include f to read as follows:
Evidence shall be provided to the satisfaction of Council that demonstrates that one car space shall be provided for the exclusive use of the residents as a car share.
· The Panel amended condition 2 to include g to read as follows:
The overall ridge height of Building 1 shall be reduced by 700mm with subsequent reduction in the height of the attic space. Revised plans are to be submitted to and approved by the Manager Development Assessment.
· The Panel amended condition 2 to include h to read as follows:
An outdoor drying area with appropriate screening shall be provided on site.
· The Panel amended condition 13 to read as follows:
One carspace only shall be dedicated as a carshare and the remaining space shall be allocated as an accessible carspace, for boarding house residents.
· The Panel amended condition 79 to read as follows:
One carspace only shall be dedicated as carshare and the remaining space shall be allocated as an accessible carspace, for boarding house residents. The PCA shall be satisfied that the carshare arrangements have been implemented prior to the issuing of a final occupation certificate.
· The Panel added new condition 98 to read as follows:
One carspace only shall be dedicated as carshare and the remaining space shall be allocated as an accessible carspace, for boarding house residents.
The following insert from the Panel’s reasons as noted in the action sheet is relevant to the proposed modification:
For the reasons in the Council Officer’s report, the Panel is generally satisfied that the boarding house warrants approval subject to the recommended conditions with the following amendments. In particular, the Panel is satisfied that the dedication of the share car space for the exclusive use of the occupants addresses the car parking requirements likely to be generated by the development.
The key concern was the availability of car parking to serve the development. The proposed modification application seeks to add an additional car parking space, which will provide an overall increased parking benefit.
Modification Application
A modification application DA/619/2018/A was approved 3 December 2019 under delegation. The modification was for a S4.55(1A) Modification of approved development, amending cost report, fees, levies and contributions.
4. Proposal
The proposal is for modification of the approved development to add a third car parking space in the frontage. 2 car parking spaces were approved in the frontage as the sole parking to serve the development, being 1 x car share space and 1 x accessible space. The proposed modification seeks to delete the accessible car parking space and share zone to add an additional car parking space, resulting in there being 3 spaces in total (1 x car share and 2 x standard spaces).
Figure 1. Insert from approved Ground Floor plan showing shared zone
Figure 2. Proposed additional car paring space in lieu of shared zone
5. Section 4.55 Assessment
Under the provisions of Section 4.55 of the Environmental Planning and Assessment Act, 1979 (the Act), as amended, Council may only agree to a modification of an existing Development Consent if the following criteria have been complied with:-
1. it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and
2. it has consulted with any relevant public authorities or approval bodies, and
3. it has notified the application & considered any submissions made concerning the proposed modification
An assessment against the above criteria is provided below:
1. Substantially the Same Development
The proposed modifications are not considered to result in a development that will fundamentally alter the originally approved development.
2. Consultation with Other Approval Bodies or Public Authorities:
The development is not integrated development or development where the concurrence of another public authority is required.
3. Notification and Consideration of Submissions:
The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Community Participation Plan. No submissions were received.
6. Key Issues
Access to Premises
Although the EP&A Act does not require the consent authority to consider the Building Code of Australia or the Disability, (Access to Premises - Building) Standards 2010 at development assessment stage, (this being the responsibility of the Certifier at Construction Certificate stage), the Access to Premises Standards is considered below to understand any potential impacts as a result of the proposed removal of the accessible car parking space:
Assessing Officer’s Comment: The boarding house is a Class 3 building under the BCA. There are 10 boarding rooms and 1 accessible room. The required number of parking spaces based off the original DA assessment was 5 spaces. The percentage of the accessible room is 9%. Based on Table D3.5 of the Access to Premises Code, 0.45 accessible spaces (rounded up to 1 space) is therefore required, which is proposed to be removed.
The Building Code of Australia and the Premises Standards allow the use of ‘Performance Solutions’ by using the ‘Performance Requirements’. The applicant has submitted a Performance Solution report, prepared by Accessible Building Solutions concluding that the accessible parking space is not required in this instance having regard to:
· The low level of parking provided;
· The close proximity to public transport;
· The most efficient use of the available parking area;
· There is available additional space using the entry path to assist people with a disability; and
· This is private parking, not public parking.
Council’s Engineer has assessed the submitted documentation and concurs with the findings. It is considered that the additional parking space will help to alleviate parking demand associated with the proposal and will result in a net benefit to the development, which is therefore supported on planning grounds. The standard condition requiring compliance with the BCA and relevant standards will remain on the consent, and therefore the Performance Solution will be considered by the Certifier at the Construction Certificate stage.
As noted in the submitted Performance Solution, the shared access pathway might still be utilised as a type of shared access that will be usable should the adjacent parking space be used as an accessible space on a temporary basis. Given that the development is a boarding house, the POM can be updated to ensure that appropriate management of the spaces is employed should a person with a disability reside at the premises.
7. Referral comments
Development Engineer
A Section 4.55(1A) application has been received which seeks to modify the approved development by converting shared accessway to normal car spot.
Original consent: Demolition of all existing structures, construction of a 2 level boarding house in 2 building forms containing 10 boarding rooms and associated parking with access from Dine Lane plus motorcycle and bicycle parking, landscaping and associated works.
This report is based on the following plans and documentation:
· Statement of Environmental Effects stamped by Council 8th August 2018
· Plan stamped by Council 8th August 2018
General Comments
The area subject to this Section 4.55 application was originally proposed as a normal carspace however due to concerns over accessible parking it was required to be converted to a shared zone so as to provide an accessible carspace consistent with the requirements of AS 2890.6. This was not a requirement of Development Engineering.
From a parking impact perspective, Development Engineering concurs with the applicant’s Performance Solution report in that the conversion of the accessible space and adjacent shared zone would be a far more efficient use of the carspaces and create less impacts for on-street parking. It is noted the space is currently unoccupied however if converted to two standard spaces could accommodate any additional parking demand of the boarding house.
In addition, it should be noted there are currently no carspaces available for private cars on the site as the only other carspace on the site is a carshare space, so this demand is presently being transferred on-street and although the carshare space does mitigate this demand to an extent, it would not eliminate it entirely.
Development Engineering would therefore support the conversion of the accessible space to two normal spaces from a parking impact perspective. This will result in 1 carshare space and two normal spaces as originally proposed.
The need for accessible parking is acknowledged however given the resulting impacts from providing the accessible space, being no private parking and loss of 1 space, it is not recommended in this instance.
Should the Section 4.55 application be approved there are no engineering conditions required to be amended added or deleted however it is recommended that condition 98, which was added by the assessing officer be amended as follows:
One carspace only shall be dedicated as carshare and the remaining spaces
shall be allocated as an accessible carspace for, to boarding house
residents.
Assessing Officer’s Comment: Condition 98 is proposed to be amended as per the Engineer’s recommendation, but also conditions 2, 13 and 79 that relate to car parking.
8. Section 4.15 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.
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Section 4.15 ‘Matters for Consideration’ |
Comments |
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Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument |
State Environmental Planning Policy (Affordable Rental Housing) 2009
The development will remain compliant with the objectives of the SEPP.
State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.
Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX were included in the original determination.
Randwick Local Environmental Plan 2012
The proposed modifications are ancillary to the approved development, which will remain substantially the same. The development remains consistent with the general aims and objectives of the RLEP 2012.
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Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument |
Nil. |
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Section 4.15(1)(a)(iii) – Provisions of any development control plan |
The development remains compliant with the objectives and controls of the Randwick Comprehensive DCP 2013. |
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Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement |
Not applicable. |
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Section 4.15(1)(a)(iv) – Provisions of the regulations |
The relevant clauses of the Regulations have been satisfied. |
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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 proposed modifications have responded appropriately to the relevant planning controls and will not result in any significant adverse environmental, social or economic impacts on the locality. |
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Section 4.15(1)(c) – The suitability of the site for the development |
The site has been assessed as being suitable for the development in the original development consent.
The modified development will remain substantially the same as the originally approved development and is considered to meet the relevant objectives and performance requirements in the RDCP 2013 and RLEP 2012. Further, the proposed modifications will not adversely affect the character or amenity of the locality.
Therefore the site remains suitable for the modified development. |
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Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation
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No submissions were received. |
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Section 4.15(1)(e) – The public interest |
The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest. |
9. Conclusion
The application is recommended for approval for the following reasons:
a) The proposed modifications are considered to result in a development that is substantially the same as the previously approved development.
b) The modified development will not result in significant adverse environmental impacts upon the amenity and character of the locality.
Nil
Responsible officer: William Jones, Coordinator Development Application Assessments
File Reference: DA/619/2018/B
Randwick Local Planning Panel (Electronic) meeting
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Development Application Report No. D5/21
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Subject: 18 Austral Street Malabar (DA/404/2020) |
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Subject Site |
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Submissions received
Ù North |
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Locality Plan |
1. Executive summary
The application is referred to the Randwick Local Planning Panel (RLPP) as the development involves building works to a heritage item.
The proposal seeks development consent for the construction of a detached outbuilding on the site for a secondary dwelling, located to the southern side of the existing dwelling.
The key issues associated with the proposal relate to side setback and wall height. The outbuilding controls within the Randwick DCP apply to secondary dwellings, which permit a nil side setback where it is demonstrated that there will be no adverse impacts to neighbouring properties. The proposed southern side setback is 950mm, which is sufficient noting the side boundary adjoins the access handle to a battle axe allotment and will not impact solar access and privacy to the adjoining property. With regards to height, the outbuilding controls allow 3.6m overall height and 2.4m wall height, and the secondary dwelling has a height of up to 4.538m and external wall height of between 2.36m 3.18m. The height is supported as it allows for a more compatible roof form that compliments the local heritage item, and which is supported by Council’s Heritage Planner whist not resulting in amenity impacts to neighbouring properties.
The proposal is recommended for approval subject to conditions.
2. Site Description and Locality
The subject site is known as 18 Austral Street Malabar and is legally described as Lot 101 in DP 1255990. The site is 639.4m2, is irregular in shape and has a 26.9m frontage to Austral Street. The site falls from the front to rear with a difference of approximately 1.5m.
At present the site contains an existing single storey dwelling which is listed as a local heritage item under the RLEP.
Figure 1. Site plan, including existing dwelling and proposed secondary dwelling
Figure 2. Primary dwelling (heritage item) as viewed from the street frontage.
Figure 3. Location of Secondary dwelling looking east.
Figure 4. Elevation of Secondary dwelling
3. Relevant history
There are no other relevant matters relating to this property.
4. Proposal
The proposal seeks development consent to erect a detached secondary dwelling to the eastern side of the property between the dwelling and side boundary
5. Notification
The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Community Participation Plan and no submissions were received.
6. Relevant Environment Planning Instruments
6.1. Randwick Local Environmental Plan 2012 (LEP)
The site is zoned R2 under Randwick Local Environmental Plan 2012 and the proposal is permissible with consent pursuant to the ARH SEPP that permits Secondary Dwellings in the R2 zone.
The proposal is consistent with the specific objectives of the zone in that the proposed activity and built form will continue to provide for a variety of housing types within a low density residential environment, recognizes the desirable elements of the existing streetscape and built form and will protect the amenity of residents.
The following development standards in the RLEP 2012 apply to the proposal:
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Clause |
Development Standard |
Proposal |
Compliance (Yes/No) |
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Cl 4.4: Floor space ratio (max) |
0.6:1 |
0.26:1 |
Yes |
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Cl 4.3: Building height (max) |
9.5m |
4.538m |
Yes |
6.1.1. Clause 5.10 - Heritage conservation
The site is occupied by a weatherboard cottage, listed as a local heritage item under Randwick LEP 2012.
As required by Clause 5.10 of the RLEP consideration must be given to the impact that the development may have upon the significance of the proposal upon the heritage item. The proposal has been considered by Council’s Heritage Planner who concludes that the secondary dwelling if of a size and scale that compliments and is secondary to the local heritage item, which is supported. See Key Issues and Appendix 1.
6.2. State Environmental Planning Policy (SEPP) - Affordable Rental Housing 2009
The SEPP was introduced on 31 July 2009 to increase the supply and diversity of affordable rental and social housing in NSW. The SEPP was amended on 20 May 2011 to require new in-fill development; low rise development; boarding houses, and Housing NSW proposals to be subject to a local character test to ensure that developments are consistent with the design of the local area and the affordable housing component being provided as a percentage of the total floor space. The amendment does not change provisions for other types of accommodation such as granny flats, group homes and supportive accommodation.
This application has been submitted seeking consent under Division 2 of the SEPP: Affordable housing 2009 for Secondary dwellings and its provisions will not be affected by the abovementioned review. Under Division 2 the following clauses are relevant:
Clause 19 Definition
Assessing officer’s comment: The proposed development falls within the scope of the definition of a secondary dwelling in that it entails development for the purposes of a secondary dwelling by use of a structure which is not an individual lot in a strata plan or community title scheme.
Clause 20 Land to which this division applies
Assessing officer’s comment: This subject site is located on Zone R2 Low Density Residential identified under the SEPP Affordable Rental Housing 2009 and the development for the purposes of a secondary dwelling is permissible on the land.
Clause 21 Development to which Division applies
Assessing officer’s comment: The proposed development for a secondary dwelling may be carried out with consent under this SEPP subject to Clause 22 below.
Clause 22 Development may be carried out with consent
Under Subclause 3(a) & (b) the following standards apply:
(a) the total floor area of the principal dwelling and the secondary dwelling must be no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and
(b) the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.
Assessing officer’s comment: The proposal complies with the LEP for dwelling houses with a floor space ratio of 0.26:1. The proposed floor area of the secondary dwelling does not exceed the 60m² allowable in the SEPP for Affordable Housing, being 39.7m².
Under Subclause 4(a) & (b) and Subclause 5 the following provisions apply:
(4) A consent authority must not refuse consent to development to which this Division applies on either of the following grounds—
(a) site area
if—
(i) the secondary dwelling is located within, or is attached to, the principal dwelling, or
(ii) the site area is at least 450 square metres,
(b) parking
if no additional parking is to be provided on the site.
(5) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4).
Assessing officer’s comment: The secondary dwelling is detached, site area is >450m2 and no additional car parking is provided. Therefore the consent authority cannot refuse consent on these grounds.
Clause 23 Complying development
Assessing officer’s comment: The proposed development is not complying development as defined under the SEPP as it forms part of the proposed development of the existing structures which are detailed in a Development Application.
Clause 24 No subdivision
Assessing officer’s comment: The proposed development does not result in any subdivision of the lot on which development for the purposes of the secondary dwelling has been carried out under this Division.
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 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.
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Section 4.15 ‘Matters for Consideration’ |
Comments |
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Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument |
See discussion in sections 6 & 7 and key issues below.
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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 2 and the discussion in key issues below
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Section 4.15(1)(a)(iv) – Provisions of the regulations |
The relevant clauses of the Regulations have been satisfied. |
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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. |
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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. |
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Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation
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No response has been received. |
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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
The site is occupied by a weatherboard cottage, listed as a local heritage item under Randwick LEP 2012.
As required by Clause 5.10 of the RLEP, consideration must be given to the impact that the development may have upon the significance of the proposal upon the heritage item.
The proposal has been considered by Council’s Heritage Planner who has advised that there generally the siting of the proposed secondary dwelling and separation between the item and secondary dwelling will retain reasonable views of the item and retain an adequate curtilage and landscape setting for the main dwelling which is the item.
The heritage item has a much bulkier roof form and the siting and lower roof of the proposed secondary dwelling will ensure that the secondary dwelling does not visually dominate or compete with the original form and massing of the existing dwelling. Similarly, the simple rectangular footprint and hipped roof of the proposed secondary dwelling will not compete with the restrained architectural features or detailing of the existing building.
Conditions are recommended in relation to the use of colours and materials which will be more in keeping with the primary dwelling, the a Schedule of Conservation Works for the heritage item being prepared and advice in relation to procedures to be followed in relation Aboriginal objects being found and other historical archaeological remains or deposits being exposed during building works.
See Appendix 1.
9. Conclusion
That the application to construct a Secondary 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 complies with State Environmental Planning Policy – Affordable Rental Housing, 2009.
· The proposal will not result in an adverse amenity impacts to the adjoining residents.
· The proposal will not result in any adverse impact to the significance of the local heritage item.
· The development enhances the visual quality of the public domain/streetscape.
Appendix 1: Referrals
Internal referral comments:
Heritage planner
The Site
The site is occupied by a weatherboard cottage, listed as a heritage item under Randwick LEP 2012. The Heritage NSW data sheet for the building describes it as an “Attractive weatherboard house in Federation style, probably c. 1910. Still retains interest despite some loss of integrity. Matching style to No.s 12 and 16.” Its significance is identified as “Typical of early homes in the area and associated with Long Bay Gaol. Still attractive despite alterations.” To the south of the site at nos.20 – 26 Austral Street, is a group of semi-detached cottages also listed as a heritage item. To the south east of the site, John Mewburn Reserve is also listed as a heritage item. To the west of the site, Long Bay Gaol is listed as a heritage item and is also listed on the State Heritage Register. A detailed heritage data form prepared for the Warders of the Women’s Reformatory residences and John Mewburn Reserve provides the following Statement of Significance:
The dwellings are an example of substantially intact Federation Arts and Crafts semi-detached houses, which form a coherent group. The dwellings are of historic value for their association with Long Bay Gaol as housing for the warders of the Women’s Reformatory and their aesthetic value, as examples of the Federation Arts and Crafts style. The triangular reserve in front of the dwellings is significant in terms of interpreting the cottages as formerly part of the Long Bay Gaol complex, as the boundaries do not align with the street pattern.
Proposal
The application proposes to construct a secondary dwelling between the existing cottage and the southern side boundary. The secondary dwelling comprises a kitchen/hallway, bathroom and two bedrooms.
Background
DA/803/2003 for a single storey dwelling at the rear of the site, accessed from the right of way at the rear of the site, was approved in December 2003.
Submission
The application has been accompanied by a Statement of Heritage Impact prepared by Heritage 21. In relation to Site History, the HIS notes that:
The subject building is understood to be part of a series of houses constructed for workers at the prison, designed by government architect E.L. Drew. A plan from 1909 suggests that twenty houses facing Austral Street would be constructed to service the workers at the gaol. While the majority of the cottages constructed served gaol warders, the subject dwelling was constructed to house the prison electrician. From the 1910s, the surrounding area was subdivided and a subdivision plan form 1912 reveals the subject dwelling was present.
In relation to Heritage management framework, the HIS addresses the provisions of the Long Bay Correctional Centre CMP, prepared by Clive Lucas Stapleton and Partners in 2004. Do not allow new structures to by built in the immediate vicinity of significant buildings. … any new buildings should be kept low to preserve views of the early buildings. The HIS also addresses the guidelines for the preparation of Statements of Heritage Impact prepared by the NSW Office of Environment and Heritage, as well as the heritage provisions of Randwick LEP 2012 and Randwick DCP 2013.
In relation to heritage impact, the HIS argues that:
· The proposal would not alter the historic set back from Austal Street;
· The proposal would not altern the historic subdivision pattern in the Malabar locality;
· The proposal would retain the historic use as a residential site;
· The proposal would not alter view lines from the public domain to the subject site and the heritage items in the vicinity;
· The proposal would not involve any works to the primary dwelling;
· The proposal would not impact and significant or original fabric;
· The proposed secondary dwelling would incorporate traditional materials within a contemporary design in order to complement the heritage-listed house.
The HIS has recommendations in relation to sympathetic alternative solutions which have been incorporated in the development application drawings, as follows:
· The vinyl cladding should be replaced with weatherboard to complement the primary, heritage listed dwelling;
· The roof pitch should be increased to reflect the pitch of the primary dwelling; and
· The secondary dwelling should be aligned with the southern boundary to ensure that the curtilage around the primary dwelling is retained and continues to be interpreted within the streetscape. This would ensure adequate spacing between the proposed flat and the house.
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(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.
The Heritage section of Randwick Development Control Plan 2013 provided Objectives and Controls in relation to heritage properties. The DCP provides Objectives and Controls in relation to Design and Character, and Scale and Form. In relation to Design and Character, clause 2.2 of the DCP includes a Control that street elevations and visible side elevations must not be significantly changed, with additions located to the rear or one side of the building to minimise impact on the streetscape. In relation to Scale and Form, clause 2.3 of the DCP includes a Control that additions must not visually dominate, compete with or conceal the original form and massing of the existing dwelling. Another Control requires that additions to heritage items must not contain any major or prominent design elements which compete with the architectural features or detailing of the existing building. In relation to Siting and setbacks, clause 2.4 of the DCP includes Objectives of ensuring adequate curtilage and landscape setting for the building; and ensuring the integrity of the heritage item and its setting, is retained by the careful siting of new buildings and alterations and additions to existing buildings. In relation to Services and New Technologies, clause 2.14 of the DCP includes an Objective of minimising the prominence of new building services and technical equipment in heritage conservation areas and on heritage items. A Control requires that rainwater tanks are to be located at the rear or side of the dwelling and suitably screened. They should not be obvious from the street.
Comments
The proposed secondary dwelling is set back around 5m from the front wall of the primary dwelling and around 7m from the front edge of the verandah of the primary dwelling. The siting of the secondary dwelling to one side of the main dwelling will minimise its impact on the streetscape. The proposed secondary dwelling is set back 950mm from the south side boundary and between 2m and 2.5m from the southern side wall of the primary dwelling (the southern side boundary is splayed). The separation between the proposed secondary dwelling and the main dwelling will retain reasonable views of the heritage item and its surrounding verandah from the footpath and John Mewburn Reserve, and will retain an adequate curtilage and landscape setting for the main dwelling. The proposed floor level for the secondary dwelling appears to be around 200mm above the floor level of the primary dwelling, so that the two buildings will have a similar eaves height. Due to the fall of the ground however, the verandah of the main dwelling is considerably elevated above ground level, giving it greater importance than the proposed outbuilding. The heritage item also has a much bulkier roof form. The siting and lower roof of the proposed secondary dwelling will ensure that it does not visually dominate or compete with the original form and massing of the existing dwelling. Similarly, the simple rectangular footprint and hipped roof of the proposed secondary dwelling will not compete with the restrained architectural features or detailing of the existing building.
The Schedule of Finishes which has been submitted indicates white painted weathertex cladding generally and shale grey steel sheet roofing. The main dwelling and the adjacent heritage items appear to have concrete tiled roofs, but the original roof material is unclear. The profile of the proposed roofing for the secondary dwelling has not been provided, and a consent condition should be included that a custom orb profile be used, consistent with traditional outbuildings. The weatherboard walls of the heritage item are painted in a beige colour while the secondary dwelling is to be painted white. While the two wall finishes do not match, there is nothing to preclude future repainting of either building in a matching colour scheme, and development consent would not be required for this work. A consent condition should be included suggesting that a matching colour scheme be considered. Walls are timber framed, but plans indicate a brick veneer feature wall to the front elevation, obscured by the rainwater tank. The Schedule of Finishes does not indicate a finish for the brickwork, and a consent condition should be included that details of the proposed brickwork be provided, or alternatively, that the front elevation be finished in weathertex cladding to match the other elevations.
The proposed rainwater tank is to have a diameter of around 1.5m and is to be located in front of the secondary dwelling. The rainwater tank will be set well behind the front wall of the primary dwelling and well back from the front edge of its verandah. The proposed rainwater tank be visible but not prominent in views towards the heritage item. A consent condition should be included that the finish of the rainwater tank match the finish of the adjacent wall of the secondary dwelling.
The HIS does not provide details of the condition of the heritage item. A consent condition should be included that a Schedule of Conservation Works be prepared for the heritage item and implemented in conjunction with the proposed development.
The HIS notes that its scope does not include locating or assessing potential or known archaeological sub-surface deposits. A consent condition should be included in relation to unexpected aboriginal or historical archaeological finds.
Recommendation
The following conditions should be included in any consent:
· 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 and are to be in accordance with the Schedule of Finishes BWA 22472 received by Council on 19 August 2020. Details of any changes to 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.
· The weatherboard walls of the heritage item are painted in a beige colour while the secondary dwelling is to be painted white. Consideration should be given to a matching colour scheme for the primary dwelling and the secondary dwelling, either in conjunction with the development or when future repainting of the heritage item is due.
· The proposed steel sheet roofing to the secondary dwelling is to utilise corrugated a custom orb profile, in order to be consistent with roof materials used in traditional outbuildings. Details of the profile of the roofing 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.
· Details of the proposed face brickwork to the front elevation of the secondary dwelling are to be provided, or alternatively, the front elevation may be finished in weathertex cladding to match the other elevations. These details 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.
· The finish/colour of the proposed rainwater tank is to match as closely as possible the finish of the adjacent wall of the secondary dwelling. Details of the finish/colour of the rainwater tank 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.
· A Schedule of Conservation Works for the heritage item shall be prepared by an architect suitably qualified and experienced in heritage conservation, and shall be 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.
· The conservation policies and maintenance program outlined in the Schedule of Conservation Works are to be implemented in conjunction with the proposed development. An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the implementation to ensure the use of technically sound and appropriate techniques.
· 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.
· 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 2: DCP Compliance Table
3.1 Section C1: Low Density Residential
|
DCP Clause |
Controls |
Proposal |
Compliance |
|
|
Classification |
Zoning = R2 |
|
|
2 |
Site planning |
|
|
|
2.3 |
Site coverage |
||
|
|
601 sqm or above = 45% |
Site = 639m² Proposed = 26% |
Yes |
|
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 = 639m² Proposed = 50% |
Yes |
|
2.5 |
Private open space (POS) |
||
|
|
Dwelling & Semi-Detached POS |
|
|
|
|
601 sqm or above = 8m x 8m |
Site = 639m² Proposed = POS remains in compliance to both the primary and secondary dwelling |
Yes |
|
3 |
Building envelope |
||
|
3.1 |
Floor space ratio LEP 2012 = 0.6:1 |
Site area = 639m² Proposed FSR = 0.26:1 |
Yes |
|
3.2 |
Building height |
|
|
|
|
Maximum overall height LEP 2012 = 9.5m |
Proposed = 4.538 |
Yes |
|
|
i) Maximum external wall height = 7m (Minimum floor to ceiling height = 2.7m) ii) Sloping sites = 8m iii) Merit assessment if exceeded |
Proposed = Varies 2.36m and 3.18m. |
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 |
Minimum = 6m Proposed = 11.82m to secondary dwelling |
Yes |
|
3.3.2 |
Side setbacks: Dwellings: · Frontage less than 9m = 900mm · Frontage b/w 9m and 12m = 900mm (Gnd & 1st floor) 1500mm above · Frontage over 12m = 1200mm (Gnd & 1st floor), 1800mm above.
Refer to 6.3 and 7.4 for parking facilities and outbuildings |
Minimum = 1200mm Proposed = 950mm.
There are no objections to the side boundary setback being less than the 1200mm control as the side boundary adjoins the access handle to the battle axe style lot behind and will not impact solar access and privacy to that adjoining property which satisfies the objectives of this section of the DCP.
In addition, the secondary dwelling is assessed as an outbuilding, which is permitted to be built to the side boundary in certain circumstances (refer to assessing against Cl 7.4 below). |
Complies with Cl 7.4 Outbuilding controls. |
|
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 |
See Section 7.4 in relation to outbuildings. |
|
|
4 |
Building design |
||
|
4.1 |
General |
||
|
|
Respond specifically to the site characteristics and the surrounding natural and built context - · articulated to enhance streetscape · stepping building on sloping site, · no side elevation greater than 12m · encourage innovative design |
The proposed secondary dwelling building generally complies with the DCP controls |
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 provided schedule of finishes, colours and materials is satisfactory. |
Yes |
|
4.6 |
Earthworks |
||
|
|
i) Excavation and backfilling limited to 1m, unless gradient too steep ii) Minimum 900mm side and rear setback iii) Step retaining walls. iv) If site conditions require setbacks < 900mm, retaining walls must be stepped with each stepping not exceeding a maximum height of 2200mm. v) sloping sites down to street level must minimise blank retaining walls (use combination of materials, and landscaping) vi) cut and fill for POS is terraced where site has significant slope: vii) adopt a split-level design viii) Minimise height and extent of any exposed under-croft areas. |
The site is proposed to be excavated to provide a level base for the secondary dwelling. A condition of consent is included with respect to ensuring the stability of the subject and adjoining sites. |
Yes |
|
5 |
Amenity |
||
|
5.2 |
Energy Efficiency and Natural Ventilation |
||
|
|
i) Provide day light to internalised areas within the dwelling (for example, hallway, stairwell, walk-in-wardrobe and the like) and any poorly lit habitable rooms via measures such as: · Skylights (ventilated) · Clerestory windows · Fanlights above doorways · Highlight windows in internal partition walls i) Where possible, provide natural lighting and ventilation to any internalised toilets, bathrooms and laundries ii) living rooms contain windows and doors opening to outdoor areas Note: The sole reliance on skylight or clerestory window for natural lighting and ventilation is not acceptable |
The design of the building allows for cross ventilation and light access throughout the building. |
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) |
Existing boundary fencing will maintain privacy between the subject and adjoining property. |
Yes |
|
7 |
Fencing and Ancillary Development |
||
|
7.4 |
Outbuildings |
||
|
|
i) Locate behind the front building line. ii) Locate to optimise backyard space and not over required permeable areas. iii) Except for laneway development, only single storey (3.6m max. height and 2.4m max. wall height) iv) Nil side and rear setbacks where: - finished external walls (not requiring maintenance; - no openings facing neighbours lots and - maintain adequate solar access to the neighbours dwelling v) First floor addition to existing may be considered subject to: - Containing it within the roof form (attic) - Articulating the facades; - Using screen planting to visually soften the outbuilding; - Not being obtrusive when viewed from the adjoining properties; - Maintaining adequate solar access to the adjoining dwellings; and - Maintaining adequate privacy to the adjoining dwellings. vi) Must not be used as a separate business premises. |
The secondary dwelling outbuilding is sited to the rear side yard 950mm from the side and 3000mm from the rear boundaries.
The secondary dwelling has a height of up to 4.538m and external wall height of between 2.36m 3.18m as measured from existing ground level and reflecting the fall of the site, which does not comply.
The submitted heritage impact statement advises that the proposed roof pitch is desirable to reflect the roof pitch of the primary dwelling which is the item.
Overall there are no objections to the siting, wall height and overall height of the secondary dwelling as they will not result in any adverse amenity to the adjoining properties in relation to solar access and visual amenity, and in relation to the roof pitch, the height of the roof and corresponding overall height of the secondary dwelling will reflect the roof pitch of the primary dwelling. |
No, however variation is supported. |
|
1.⇩ |
RDAP Dev Consent Conditions DA/404/2020 - 18 Austral Street Malabar |
|
Responsible officer: Perry Head, Environmental Planning Officer
File Reference: DA/404/2020
|
RDAP Dev Consent Conditions DA/404/2020 - 18 Austral Street Malabar |
Attachment 1 |
|
Folder /DA No: |
DA/404/2020 |
|
Property: |
18 Austral Street, MALABAR |
|
Proposal: |
Construction of a detached secondary dwelling, excavation, landscaping and associated works (Local Heritage Item). |
|
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 |
|
22471 01 Issue G |
Cubitts Granny Flats and Home Extensions |
3/12/20 |
|
22471 02 Issue G |
Cubitts Granny Flats and Home Extensions |
3/12/20 |
|
22471 03 Issue G |
Cubitts Granny Flats and Home Extensions |
3/12/20 |
|
22471 04 Issue G |
Cubitts Granny Flats and Home Extensions |
3/12/20 |
|
BASIX Certificate No. |
Dated |
|
1109142S_02 |
20th January 2021 |
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
2. The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.
3. 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 and are to be in accordance with the Schedule of Finishes BWA 22472 received by Council on 19 August 2020. Details of any changes to 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.
4. The weatherboard walls of the heritage item are painted in a beige colour while the secondary dwelling is to be painted white. Consideration should be given to a matching colour scheme for the primary dwelling and the secondary dwelling, either in conjunction with the development or when future repainting of the heritage item is due.
5. The proposed steel sheet roofing to the secondary dwelling is to utilise corrugated a custom orb profile, in order to be consistent with roof materials used in traditional outbuildings. Details of the profile of the roofing 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.
6. Details of the proposed face brickwork to the front elevation of the secondary dwelling are to be provided, or alternatively, the front elevation may be finished in weathertex cladding to match the other elevations. These details 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.
7. The finish/colour of the proposed rainwater tank is to match as closely as possible the finish of the adjacent wall of the secondary dwelling. Details of the finish/colour of the rainwater tank 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.
8. A Schedule of Conservation Works for the heritage item shall be prepared by an architect suitably qualified and experienced in heritage conservation, and shall be 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.
9. The conservation policies and maintenance program outlined in the Schedule of Conservation Works are to be implemented in conjunction with the proposed development. An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the implementation to ensure the use of technically sound and appropriate techniques.
10. 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.
11. 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.
Section 7.12 Development Contributions
12. In accordance with Council’s Development Contributions Plan effective from 21 April 2015, based on the development cost of $116 048 the following applicable monetary levy must be paid to Council: $580.25.
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
13. A development compliance and enforcement fee of $116.05 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:
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.
REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS
The following conditions of consent must be complied with prior to the commencement of any works on the site. The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.
Certification and Building Inspection Requirements
18. 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
19. 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.
REQUIREMENTS DURING CONSTRUCTION & SITE WORK
The following conditions of consent must be complied with during the demolition, excavation and construction of the development.
These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.
Inspections during Construction
20. 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
21. All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.
Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it. Adequate provisions are also to be made for drainage.
Details of proposed retaining walls, shoring, piling or other measures are to be submitted to and approved by the Principal Certifying Authority.
Support of Adjoining Land
22. 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
23. 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.
Temporary Site Fencing
24. Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:
a) Temporary site fences or hoardings must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.
b) Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.
c) All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.
d) An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:
· materials are to be hoisted (i.e. via a crane or hoist) over a public footway;
· building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;
· it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;
· as may otherwise be required by WorkCover, Council or the PCA.
Notes:
· Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.
· If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.
Public Safety & Site Management
25. 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
26. 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
27. Building, demolition and associated site works must be carried out in accordance with the following requirements:
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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 |
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Excavating or sawing of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like
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· Monday to Friday - 8.00am to 1.00pm only · Saturday - No work permitted · Sunday & public holidays - No work permitted |
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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
28. 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.
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 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
A5 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.
A6 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.
A7 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).
A8 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.
A9 The applicant is to meet all requirements of NSW Land Registry Services as applicable in regards to any required vertical or horizontal extension of the cross easements for support over the common party wall. Confirmation of these requirements should be obtained from a registered surveyor.
A10 Underground assets (eg pipes, cables etc) may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.
A11 The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.
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Development Application Report No. D6/21
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Subject: 1038 Anzac Parade Maroubra (DA144/2019/A) |
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Note: The submissions received were from properties outside the immediate catchment of the site and therefore are not shown on this plan. |
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Subject Site |
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Submissions received
Ù North
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Locality Plan |
1. Reason for referral
This application is referred to the Randwick Local Planning Panel (RLPP) because it seeks to modify a condition originally imposed by the Panel.
The original development application was referred to the RLPP because 62 unique submissions by way of objection were received.
2. Site Description and Locality
The subject site is known as 1038-1040 Anzac Parade Maroubra and is legally described as Lots 658 and 659 in DP 222643. The site is 853m2, is regular in shape and has a 19.8m frontage to Anzac Parade to the west. The site slopes approximately 0.5m from west (front) to east (rear).
3. Details of Current Approval
The original development application was determined by the Randwick Local Planning Panel on 31 October 2019.
The approved development is for demolition of existing structures, construction of 3 storey, 37 bedroom boarding house with communal facilities and manager's room, basement car parking for 18 vehicles, landscaping and associated works.
4. Proposal
The proposal seeks to delete Condition 2d of the development consent, which states:
d. Detailed section drawings shall be submitted to and approved by the Manager Development Assessment demonstrating an unobstructed 2.7m floor to ceiling height allowing for services, floor and ceiling finishes.
5. Section 4.55 Assessment
Under the provisions of Section 4.55 of the Environmental Planning and Assessment Act, 1979 (the Act), as amended, Council may only agree to a modification of an existing Development Consent if the following criteria have been complied with:-
2. it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and
3. it has consulted with any relevant public authorities or approval bodies, and
4. it has notified the application & considered any submissions made concerning the proposed modification
An assessment against the above criteria is provided below:
1. Substantially the Same Development
The proposed modifications are not considered to result in a development that will fundamentally alter the originally approved development.
2. Consultation with Other Approval Bodies or Public Authorities:
The development is not integrated development or development where the concurrence of another public authority is required.
3. Notification and Consideration of Submissions:
The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Community Participation Plan. The following submissions were received as a result of the notification process:
· Hinkler Street, Maroubra
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Issue |
Comment |
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· The boarding house development will have an adverse impact on the local community. |
The proposed modification will not result in any additional impacts to the surrounding area as there will be no change to the approved building envelope. |
· 19 Chapman Avenue
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Issue |
Comment |
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· the occupants should not have to live with low ceiling height and the 2.7m ceiling height should be retained. |
It is agreed the floor to ceiling height of 2.7m should be retained to ensure adequate internal amenity for the future occupants of the development. |
· Pozier Avenue
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Issue |
Comment |
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· The development will have an adverse visual impact on the local area. |
The proposal will not change the overall height, bulk and scale or the external appearance of the development. |
6. Key Issues
Internal Amenity
The approved architectural plans show a floor to ceiling height of 2.9m for the residential levels. Refer to an extract of the approved section plans in Figure 1 below.
At the public Panel meeting held on 31 October 2019, the Applicant advised that the habitable areas of the development would be able to achieve a minimum 2.7m due to the stacked modular design enabling services to be aligned with a 150mm slab thickness and 50mm for a furring channel and plasterboard.
The Panel’s determination included the imposition of Condition 2d to ensure a minimum 2.7m floor to ceiling height would be achieved in the residential levels of the development following the Applicant’s advice that this could be achieved.
However, the Applicant now requests the deletion of Condition 2d to facilitate a lower floor to ceiling height of 2.55m as identified in the Statement of Environmental of Effects (SEE) submitted with the modification application, or 2.65m as illustrated by a diagram in the same document (refer to Figure 2). A separate section plan of the communal room indicating a floor to ceiling height of 2.55m was also submitted with the modification application (refer to Figure 3). The design detail submitted with the modification application also indicates a floor to floor height of 2.9m will be retained in accordance with the approved development, resulting in no change to the approved overall height of the building.
The Applicant’s SEE justifies the reduced floor to ceiling heights on the basis there would be no amenity impacts to the future occupants of the boarding rooms. Furthermore, advice received from their Private Certifier indicates that the Building Code of Australia (BCA) only requires a 2.4m floor to ceiling height for class 2 and 3 buildings up to 3 storeys.
Council has consistently applied a minimum 2.7m floor to ceiling height to the habitable areas of boarding house rooms. Typically, boarding house rooms are small and therefore suitable floor to ceiling heights are important to maximise internal amenity. It is noted the Applicant has previously provided design details to Council post determination confirming a 2.7m floor to ceiling height can be achieved in compliance with Condition 2d.
The proposed modified development is not supported.
Figure 1 – Approved section plans
Figure 2 – Details of proposed modified floor to ceiling height (unit 18)
Figure 3 – Details of proposed modified floor to ceiling height (communal area at ground floor)
7. Section 4.15 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.
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Section 4.15 ‘Matters for Consideration’ |
Comments |
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Section 4.15 (1)(a)(i) – Provisions of any environmental planning instrument |
Affordable Rental Housing SEPP (2009)
The proposed modified development remains consistent with the relevant requirements in the ARH SEPP.
Randwick Local Environmental Plan 2012
The proposed modifications are ancillary to the approved development, which will remain substantially the same.
However, the proposed modified development does not achieve a high standard of design as it will reduce the amenity of the future occupants of the development and is therefore contrary to Aim (d) in Section 1.2 of RLEP 2012. |
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Section 4.15(1)(a)(ii) – Provisions of any draft environmental planning instrument |
Nil. |
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Section 4.15(1)(a)(iii) – Provisions of any development control plan |
The development remains compliant with the objectives and controls of the Randwick Comprehensive DCP 2013. Notwithstanding, Part C2 Section 4.4 requires a minimum 2.7m floor to ceiling height for medium density forms of residential development. Whilst the controls do not strictly apply to boarding houses, they do provide a guide in the assessment of comparable forms of residential development such as boarding houses. |
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Section 4.15(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement |
Not applicable. |
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Section 4.15(1)(a)(iv) – Provisions of the regulations |
The relevant clauses of the Regulations have been satisfied. |
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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 proposed modification will not result in any significant adverse environmental, social or economic impacts on the locality. However, the reduced floor to ceiling height will have an adverse impact on the amenity of the future occupants of the development. |
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Section 4.15(1)(c) – The suitability of the site for the development |
The site has been assessed as being suitable for the development in the original development consent.
The modified development will remain substantially the same as the originally approved development and the site remains suitable for the modified development. |
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Section 4.15(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation
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The issues raised in the submissions have been addressed in this report. |
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Section 4.15(1)(e) – The public interest |
The proposed modified development will reduce the internal amenity for future occupants of the development. Accordingly, the proposal is not considered to be in the public interest. |
8. Conclusion
The proposed modification is not supported for the following reason:
1. The proposal will have an adverse impact on the amenity of the future occupants of the development due to the reduced floor to ceiling heights.
2. The proposal does not achieve a high standard of design and is therefore contrary to Aim (d) in Section 1.2 of Randwick Local Environmental Plan 2012.
Nil
Responsible officer: Thomas Mithen, Environmental Planner
