 Development &
Building Unit Report Extract
D5.011123
117-119 & 121-123 Bronte
Road, Bondi Junction - Proposed mixed development
(LD624/01)
Report dated 23 November 2001
from the Development & Building Unit.
Recommendation:
That the application be approved in accordance with the attached
report.
RESPONSIBLE OFFICER MICHAEL
BUCKLEY
SITE: 117-123 BRONTE ROAD,
BONDI JUNCTION
FILE: LD624/01
DATE REC’D: 27 August 2001
EST.COST: $1.92m
APPLICANT: CSA Architects
OWNER: Rimglade Pty Ltd and
Wilterm Pty Ltd
The proposed mixed
development will consist of 12 residential units, including a ground
floor commercial/retail space and basement carpark for 13 vehicles
ZONING: 3(a5) Business
Special - Services under the provisions of Waverley and Woollahra
Joint Local Environmental Plan 1991 - Bondi Junction Commercial Centre
CLASSIFICATION:
Class 2, 6 and 7
1. A mixed development
comprising of retail space on the corner of Bronte Road and Birrell
Street and 12 residential units with basement carparking off Birrell
Street.
2. The proposal generally
meets with the aims and objectives of the Joint Local Environmental
Plan 1991 and the Bondi Junction Commercial Centre Urban Design
Development Control Plan.
3 With regard to the
non-compliance with floor space ratio, a State Environmental Planning
Policy No. 1 - Objection has been lodged.
4. The proposal was notified
in accordance with Council requirements and advertising in the local
paper - one submission was received.
5. Council's Heritage
Architect generally raises no objection to the proposal.
6. The proposal does not
fall under the provisions of State Environmental Planning Policy
No. 10 - Affordable Housing.
7. The applicant has
offered a one-bedroom unit to Council in perpetuity for the
purposes of Council's Affordable Housing Strategy.
8. The proposal is not
subject to referral to the Bondi Junction Planning Committee, as
the proposed development is under $2 million.
9. Recommendation: That
the application be approved, subject to appropriate conditions.
The development site is
located on the northwestern corner of the intersection of Bronte
Road and Birrell Street,
Bondi Junction. The site is known as 117-123 Bronte Road,
Bondi Junction.
The site is rectangular with
street boundaries of approximately 50.16m and 32.62m to
Birrell Street and Bronte
Road respectively. The western most point of the subject site
at a length of approximately
0.395 (by survey) fronts Donald Place. The north west
boundary of the site
(adjacent No. 115 Bronte Road) is 39.625m. The site falls away
from the corner of Bronte
Road and Birrell Street by approximately 850mm to the north
(Bronte Road) and 3.0m to the
west (Birrell Street). The total site area yields 654.1m2.
The site is currently
occupied by an existing two storey residential flat building (117-119
Bronte Road) and a two and three storey residential flat building and
shop (121-123 Bronte Road). The neighbouring building consists of
commercial premises at No. 115 Bronte Road, which presents
approximately two storeys to Bronte Road and Donald Place. There are
several significant trees on the footpaths of the site, which are to
be retained. Generally no significant trees exist within the site
boundaries with the exception of an existing palm. The applicant will
investigate the feasibility of relocating this palm to become the
central focus of a common courtyard of the development.
Existing development within
the immediate area consists of a mix of commercial premises,
residential flat buildings, terrace housing, semi-detached dwellings,
single detached residences. There is a wide range of landscaping
styles and built form. The streetscape consists of a range of
architectural styles indicating different periods of the precinct's
development and re-development over time. Adjoining the subject site
at the north west at No. 115 Bronte Road is a building consisting of a
commercial premises fronting both Bronte Road and Donald Place. Due to
the triangular shape of the subject site and the adjacent street, this
building represents as the only immediate neighbour to the site. Due
to the fall of the land away from Bronte, the commercial premises
presents two storey in height to Bronte Road and approximately three
storeys in height to Donald Place at the south western corner.
Further to the north of the
subject site along Bronte Road is a mix of commercial properties with
intermittent residential terrace housing. Opposite the site at the
north eastern corner of the intersection with Bronte Road and Birrell
Street is a Telephone Exchange Building with a height ranging from
three to four storeys. The streetscape to the south along Bronte Road
(western side) consists of a two storey commercial premises and a
series of residential flat buildings. The War Memorial Hospital
buildings and extensive landscaped grounds occupy the south eastern
corner of the intersection. Immediately to the west of the site along
Birrell Street consists of mainly residential terrace houses,
semi-detached housing and single detached residential dwellings.
Council at its meeting of 24
November 1992 gave consideration for an application to demolish and
construct a new three storey mixed commercial/residential development
with basement parking. The proposal consisted of 10 units and two
shops. Council resolved to defer the application, subject to a number
of design changes in which development approval was formally granted
on 8 March 1993, subject to a number of conditions.
The maximum floor space ratio
permitted under the Joint LEP is 1.2:1. It should be noted that the
original development was approved at 1.46:1 (including stairways) or
1.38:1 (excluding the proposed open stairways).
Notwithstanding, a State
Environmental Planning Policy No. 1 - Objection to the floor space was
submitted and upheld by Council as it considered the proposed bulk and
scale did not detrimentally impact the surrounding area, or that it
compromised the aims and objectives of the Joint Local Environmental
Plan 1991.
The building will consist of
12 units over three and part four storeys. A covered basement is
proposed containing carparking for 13 resident vehicles. Located at
the corner of Bronte Road and Birrell Street at ground level, a retail
premises having an area of 75m2 of leaseable area is
proposed. The residential units will comprise of 6 x 1 bedroom and 6 x
2 bedroom units. The comparison with the previous approved building
design is the modern architecture and better internal layouts that
enable additional units.
Basement Floor Level
The basement floor level will
have vehicular access off Birrell Street (west) leading to 12
carspaces, which includes one disabled carspace. The basement area
will have adequate storage for the retail store and residential units,
together with garbage area, bicycle space and service facilities, such
as gas, water and electric meters. Due to the slope of the land from
Bronte Road down to Birrell Street west, the basement carpark will be
totally exposed at Birrell Street west and totally underneath natural
ground level at the intersection of Birrell and Bronte Road. The face
wall of the basement carpark will be a mixture of selected split face
blockwork and a louvred Hebel wall for natural ventilation.
Ground Floor
The proposed ground floor
commences at grade on the corner of Birrell and Bronte Road where the
proposed shop will have access together with the main entry to the
building and residential unit No. 1 from Bronte Road. The second
building complex fronting Birrell Street at ground level will
accommodate residential units 2 and 3 and will have their access from
either the basement carpark or from the extended ramp from the Bronte
Road pedestrian entry. It should be noted that all units on the ground
floor are accessible from Bronte Road and are designed to be
accessible by wheelchair from Bronte Road pedestrian entry. Where
changes in level exceed a grade of 1 in 14 ramps have been provided.
Private open space at this level is on top of the podium slab over the
carpark below and includes paved and landscaped courtyards adjacent to
the living areas and main bedrooms. Common landscaped and paved areas
have been provided at this level linking the Bronte Road pedestrian
entry to the lobby of the Birrell Street building. All dwellings can
be accessed internally via the lobby and circulation stairs connected
to the basement carpark.
First Floor Level
This level will consist of 2
x 2 bedroom (units 4 and 5) fronting Bronte Road and 2 x 1 bedroom
units (units 6 and 7) facing Birrell Street. Balconies have been
provided to the living areas and master bedrooms of all units, which
provide an extension of their living areas. Bedroom and dining room
windows along the Birrell Street elevation and those windows facing
north to the internal courtyard area have been designed with timber
louvres to provide an acceptable level of privacy for the internal
space of each unit, both from the street and adjacent units. These
louvres have also been designed to act as a control for natural
ventilation, sun control device and aesthetic feature of the building.
Second Floor Level
This level is similar to the
first floor level below and will accommodate 2 x 2 bedroom units front
Bronte Road and 2 x 1 bedroom units fronting Birrell Street. Balconies
have been provided to the living areas and master bedrooms of all
units having external louvres similar to the first floor arrangement.
Third Floor Level
At this level a 1 x 2 bedroom
unit is situated on the corner of Birrell Street and Bronte Road and
will raise the building height to four levels. Balconies have been
provided to the living areas and master bedrooms fronting Bronte Road
with external louvres to bedroom 2, which faces Birrell Street.
Pedestrian Access
Pedestrian access into the
site is via an entry lobby on Bronte Road. The lobby allows internal
movement over three (3) levels via an internal stair to units 1, 4, 5,
8, 9 and 12. This lobby is connected to a landscaped and paved pathway
through the site into a secondary lobby. The secondary lobby connects
ground floor access to the levels above to units 2, 3, 6, 7, 10 and 11
by an internal stair. The entry pathway has been designed to allow for
wheelchair access to units 1, 2 and 3 on the ground floor. The stair
lobby to both the Bronte Road and Birrell Street buildings connect
directly to the basement carpark, allowing all residents internal
access upon arrival from the carpark to their required unit via the
common internal stair.
STATUTORY CONTROLS
The subject site is zoned
3(a5) under the Waverley and Woollahra Joint Local Environmental Plan
1991 - Bondi Junction Commercial Centre, which was gazetted on 19
August 1991.
The proposed mix
commercial/residential development is permissible within the subject
zone.
Clause 14 - Floor Space
Ratios
In accordance with the
Waverley and Woollahra Joint Local Environmental Plan 1991, the
maximum allowable floor space ratio for the subject site is 1.2:1. The
proposal submitted to Council has a total gross floor space ratio of
1.48:1. In support of the proposed floor space ratio exceeding the
maximum 1.2:1, a State Environmental Planning Policy No. 1 - Objection
has been lodged detailing that compliance with the maximum floor space
ratio is unreasonable and unnecessary in the circumstance of the case.
The previous approval granted
for the subject site in March 1993, was for a mixed
commercial/residential development comprising of 10 residential units
and 2 ground floor shops fronting Bronte Road. The total floor space
ratio which included stairwells and the like resulted in a gross floor
space ratio of 1.46:1, and when stairs where excluded the floor space
was 1.38:1.
BONDI JUNCTION COMMERCIAL
CENTRE - URBAN DESIGN DEVELOPMENT CONTROL PLAN
The Bondi Junction Commercial
Centre - Urban Design Development Control Plan came into force on 20
April 1994. The Development Control Plan applies to all land within
the councils of Waverley and Woollahra, commonly known as the Bondi
Junction Commercial Centre, as shown edged heavy black on Map 1. The
subject site is required to be assessed against this Development
Control Plan.
Height Zones
The subject site is located
at the southern most end of the Bondi Junction Commercial Centre as
defined by the LEP and DCP and is classed as "Perimeter and
Central Zone". This zone applies to the subject site and
restricts building height to a maximum of 15.0m to ensure
compatibility with the traditional character of the area, and to
provide for a transition to nearby residential areas. It should also
be noted that the Development Control Plan allows discretion to permit
buildings to reach a maximum height of 18m if in the opinion of
Council, the development will make a significant architectural
contribution, create visual identity, enhance the streetscape and
pedestrian amenity.
The proposed overall building
height at the corner of Birrell Street and Bronte Road is a
maximum 14.08m. The western
most corner of the proposed building fronting Birrell Street has
a maximum parapet height of
12.15m with the northern most portion of the building having
frontage to Bronte Road,
being a maximum building height of 10.22m.
The following information is
a comparison with Waverley and Woollahra Joint Local Environmental
Plan 1991 and the Bondi Junction Commercial Centre Urban Design
Development Control Plan.
Joint LEP 1991 & Bondi
Junction Commercial Centre - Urban Design DCP
|
Component |
Proposed |
Permitted or Required
(Max.) (Min.) |
Compliance
Technical Performance |
|
Height
Ridge |
Maximum: 14.08m (corner
Birrell St & Bronte Rd) |
15.0m
|
|
Yes
|
Yes
|
|
Density
Site area
Floor space
FSR |
654.1m2
970m2
1.48:1
|
784.8m2
1.2:1 |
|
No
No |
Yes
Yes (see SEPP No. 1 -
objection) |
|
Carparking
Residential
Visitor
Retail |
12 spaces
nil
1 space |
11 spaces
2 spaces
1 space |
|
Yes
No
Yes |
Yes
Yes
Yes |
COMMENTS ON TABLED
INFORMATION
Car Parking
Under the provisions of
Development Control Plan No. 14 – Bicycle and Parking, the proposed
development falls under Clause 2.4 – Development within Bondi
Junction Commercial Centre. The table above outlines the Council
requirements. It is considered that the 13 spaces provided is adequate
in the circumstances due to the site being on the southern edge of the
Town Centre and is not subject to the same restrictions. The subject
site is considered to be adequately serviced by public services and
would not place a burden on the surrounding area in terms of parking
or traffic generation.
Floor Space Ratio:
As can be seen from the table
above, the proposed gross floor area exceeds the maximum requirement
under the Joint Local Environmental Plan. In this regard the applicant
has submitted a SEPP 1 Objection.
State Environmental Planning
Policy No. 1 - Objection (SEPP No. 1):
The applicant has submitted a
detailed SEPP 1 Objection requesting Council to give consideration to
the proposed maximum floor space ratio of 1.48:1 as opposed to the
Joint LEP requirement of 1.2:1. The applicant states that the
justification of the departure is unreasonable and unnecessary on the
following grounds:
1. The departure from
the maximum FSR limit will not give rise to any adverse
traffic generating impacts because:
There is only one
proposed vehicle access crossing that serves the entire
building.
Vehicle access is at
the lower end of the Birrell Street boundary, furthest away
from the intersection of Birrell Street and Bronte Road., This
location has the least impact in terms of traffic disruption
Number of car spaces
provided complies with the requirements.
2. The departure from
the maximum FSR limit will not give rise to any
adverse amenity
impacts to adjoining properties by the loss of views,
sunlight or privacy. The proposed development has no
immediate residential neighbours to impact upon due to the
nature of the site and adjacent properties. The triangular
shape of the site fronting the intersection of Bronte Road
and Birrell Street results in the site having only one
neighbour. This neighbour is a commercial property
(Locksmith - 115 Bronte road) to the North of the subject
property. This property presents a blank masonry wall to the
entire northern boundary of the subject site and as a result
there are no issues of overshadowing and privacy loss from
the proposed development to the commercial property.
3. site is bounded
on three sides by streets and laneways, consisting of Bronte
Road to the nearest, Birrell Street to the South and Donald
Place to the west. These roads provide a physical separation
between the subject site and any residential premises within
these streets. As a result of this separation, overshadowing
issues have been eliminated with the shadow of the building
falling upon the existing carriageways. Privacy to
residential dwellings further down the street has been
addressed with the implementation of timber privacy shutters
to the Birrell Street facade.
4. properties
surrounding the intersection of Bronte Road and Birrell
Street consist mainly of commercial properties including a
telephone exchange and Strathfield Car Radio. This existing
land usage results in no immediate residential properties
adjacent to the subject site, with the nearest residential
properties being further down Birrell Street. As a result
there is no immediate impact on neighbouring residential
properties.
5. The height, bulk
& scale of the development is consistent with
surrounding development and will adversely impact on
streetscape. The building has been designed at a scale
sympathetic to the neighbouring properties, whilst
increasing the scale at the corner of the site in accordance
with the recommendations of the DCP. The building envelope
including boundary setbacks and height limits is in full
compliance with the requirements of the DCP.
6. A previous
development approval for the subject site indicates an
approved FSR of 1.38:1.
7. The additional
floor space is considered minor due to the fact that the
majority of the increase is taken up within the retail
premises as part of the mixed-use development.
8. Due to the shape
of the site and the plan layout around the central
courtyard, the excess floor space does not increase the bulk
of the building facing the public streets. This building
would still be built to the street boundaries even if the
FSR complied. Therefore the excess floor space does not add
to visible bulk and does not contribute to additional
adverse impact on the streetscape.
9. Apart from the
excess in floor space all environmental issues comply such
as parking, landscaped areas, height and setbacks.
Comment - It is considered
that the proposed floor space ratio in excess of the maximum 1.2:1 is
reasonable and poses little environmental impact on adjoining
properties. The proposed development generally meets with the design
criteria in terms of building heights, carparking, the desired
character and presentation to the dominant street corner. The floor
space in excess of the maximum does not contribute to any compromise
in the aims and objectives of both the Joint Local Environmental Plan
1991 or the Urban Design Development Control Plan.
In addition the applicant has
agreed to offer to Council a one (1) bedroom unit in Fee Simple. This
matter will be further detailed under a separate heading
"Affordable Housing".
BONDI JUNCTION COMMERCIAL
CENTRE - URBAN DESIGN DEVELOPMENT CONTROL PLAN
The following controls within
the Development Control Plan have been compared against the proposed
development and are outlined below:
Massing
This requirement is a
specific Urban Design Control that relates to more of the tower
developments that require a transitional zone between the podium and
the main tower. With regards to the proposal, the building form
fronting Bronte Road and Birrell Street projects as a three storey
elevation with the corner being elevated to four storeys to give
dominance.
In accordance with the
requirements of this Clause, the ground floor of the building at the
corner has been articulated from the residential storeys above with
the provision of a retail zone with a shop awning dividing the levels.
This ensures that pedestrian scale is maintained in this area at
street level as required by this objective.
Height
As mentioned earlier in the
report, the proposal is restricted to an overall building height of
15.0m. The proposal does not exceed this 15.0m height limit and takes
advantage of the corner site by projecting this portion of the
building to a four storey to provide interest to the junction of
Bronte Road and Birrell Street. It is considered that the height of
the proposal is acceptable, having regard to the surrounding
development and the immediate development abutting the proposal.
Roofline
The objective of roofline
controls is to ensure that a new development provides for an
interesting and attractive skyline when viewed from close and distant
vantage points. The proposal will not project any unsightly lift motor
room, plant rooms or the like above the proposed roofline, and
therefore generally meets the objectives. The main roof of the
proposed building has been designed as a sloping concrete parapet.
Facade Treatment
The facades of the proposed
development have been designed in accordance with the
facade treatment objectives
in the following ways:
Facades have been designed to
address both streetscapes with appropriate usage of
scale, materials, proportion,
colour and character in relation to the neighbouring
buildings.
The scale of the facades has
been designed to respect the scale of the existing
neighbouring buildings,
without directly matching or copying their heights. Minor
differences between the scale
of the proposed and the existing buildings arise from the
fall of the land of
approximately 1.5m and 3.0m along Bronte Road and Birrell Street
respectively. The scale of
the building increases as one move towards the intersection
corner of the site in a
response to the corner situation.
Materials used consist mainly
of rendered masonry, concrete, clear glazing and timber
screen elements. These
materials have been used to be both commensurate with the
existing context, yet
maintaining an individual modern identity to the proposed
development. Contrast
vertical zones consisting of metallic finish FC panels have been
designed to represent the
service areas of the apartments and articulate the building.
Proportions of the
development have been carefully considered and are based on a
frame module idea. Concrete
frames have been designed with a width and height
relative to the proportions
of the existing terrace houses. This module is intended to
provide a direct visual
relationship to the neighbouring terrace houses in both
streetscapes.
Horizontal elements have been
used extensively throughout the street facades in order
to provide articulation
vertically. It was not considered appropriate to directly match the
horizontal elements of the
adjacent buildings due to the fall of the land and the
separation of the proposed
building from the terrace houses in both streets by a
commercial building of no
particular design quality (No. 115 Bronte Road) and an
existing laneway (Donald
Place).
Vertical concrete frame and
blade wall elements provide articulation, relationship to the
existing terrace houses as
mentioned and defined to the various parts of the building
externally. Pier elements
have been implemented at Bronte Road street level at
approximately 4.0m centres in
order to provide rhythm to the streetscape appropriate to
pedestrian movement.
Ornamentation to the facades
includes borders to selected windows, timber screens mounted on
painted steel framing and horizontal sunshade devices. With the
exception of the window banding, these elements have been provided
primarily as functional devices with the bonus of adding ornamentation
to the facades.
Physical definition of the
street and public space is achieved by building to the street
alignment. Any setback from the street alignment has been provided at
entry points and for private north facing courtyards to the Bronte
Road building. The continuation of the street edge in this case has
been achieved with the continuation of a modulated masonry fence.
The colour scheme has been
designed with a light base colour and contrasting highlights, colours
to concrete frame elements, balconies and metal elements. Trim colours
are in a darker contrasting colour. The Bronte Road basement carpark
elevation is designed to be in a darker colour to the remainder of the
building in order to provide a visual base to the building and to
visually define the usage of this area.
Colonnades
A traditional shopfront
awning has been designed surrounding the retail premises of the
development in keeping with these objectives. No colonnades have been
used in accordance with the DCP. Colonnades are generally discouraged
because they tend to obscure shopfront window displays when viewed
from an oblique angle, and can disrupt established streetscapes where
the traditional cantilever awning is used.
Corner Sites
Corner sites can be used to
define a point of entry to the commercial centre, establish the
character of a street block or to accentuate the major point of entry
to a building. Opportunities for design and emphasis include:
(a) Greater building height
at the corner, above the established building height
(b) Splayed or chamfered
corners
(c) A change in facade
alignment or a contrast to the vertical or horizontal division of
adjacent building facades.
The subject site has been
identified in accordance with Map 4 as an entry point to Bondi
Junction commercial centre. As such, design emphasis has been applied
to the corner of the building in the following ways.
The scale of the building has
been increased from the three to four storeys in order emphasis the
corner without any environmental impact on adjoining properties.
The usage of the building has
been changed at the corner to provide a retail space in respect of the
existing situation, objectives of the area and adjacent development.
The retail usage provided the means by which the mainly residential
development turns the corner. Additionally, the corner of the shop has
been splayed to resolve the sharp corner of the site and provide an
entry point.
The corner of the development
to Birrell Street and Bronte Road has been provided with a unique
skillion roof in order to accentuate the corner of the site and mark
the site when viewed from the Bronte Road and Birrell Street vistas.
ACCESS TO BUILDINGS
Accessible buildings benefit
a large number of people, including older people, young children,
parents carrying babies and strollers, and people with disabilities.
All people have the right to access employment, recreation, retail and
other opportunities the commercial centre offers.
In response to the proposal,
the following access considerations have been implemented in the
design of the building.
They are:
An accessible path of travel
has been provided from the main pedestrian entry point fronting Bronte
Road to the front door of all ground floor units. The common areas of
the development, including the lobby and external common landscape
areas have been made wheelchair accessible with the use of ramps
connecting changes in level.
The basement carpark has been
provided with a wider carpsace for disabled usage.
In accordance with Waverley's
Access Policy, one unit is required to be adaptable in relation to the
number of units proposed. Notwithstanding, any of the ground floor
units can be adaptable for disabled usage.
Carparking in Relation to
Building Facades
The requirements of the
design DCP encourages parking level facades to relate to the scale,
massing, proportions, materials and finishes of adjacent buildings and
should be designed as an integral part of the main facade.
The proposal meets with these
objectives in that the external wall of the Birrell Street elevation
of the carpark has been designed as a base to the building, to be
built in alternate masonry construction to the remainder of the
building. This facade is designed to screen the carpark, whilst
allowing narrow slotted openings for natural ventilation. It should be
noted that the carparking is not visible from Bronte Road due to the
slope of the land from Bronte Road west along Birrell Street.
Crime Prevention
The design of the building
takes into account crime prevention in accordance with Waverley
Council's requirements in the following ways:
Access to the building is via
one secure entry point only. This will limit access to residents with
keyed or remote control entry.
All units overlook the
street, footpath and common areas, providing good surveillance from
the units. Alcoves and recesses to the street frontages have been
avoided.
Materials adjacent to Bronte
Road and Birrell Street footpath areas have been carefully considered
in terms of colour and texture in order to minimise graffiti. Anti
graffiti coatings are to be specified in order to allow easy removal
of graffiti.
VEHICULAR ENTRANCES
One driveway entrance is to
be provided in order to minimise the impact to pedestrian usage. This
is in keeping with the current situation, which provides one entrance.
The driveway width has been set at 3.5m in width, which represents a
minor increase upon the maximum allowable width. This is a result of
the tight site constraints resulting turning circle limitations. The
entry door is to be constructed of a perforated mesh metal,
powdercoated to enhance its appearance to the streetscape.
BICYCLES
A bicycle storage room has
been provided in the basement carpark. This room will be provided with
a suitable bicycle storage rack for security purposes.
ENTRY POINTS
The points of entry to the
Bondi Junction commercial centre serve as gateway identifiers,
indicating the point at which residential areas become commercial
areas. At these points, the visitors should feel a sense of arrival or
departure from the commercial centre.
As such design emphasis has
been applied to the corner of the building in the following ways:
The scale of the building has
been increased from three to four storeys in order to emphasis the
corner.
The usage of the building has
been changed at the corner to provide a retail space in respect of an
existing situation, objectives of the area and adjacent development.
The retail usage provided the means by which the mainly residential
development turns the corner. Additionally the corner of the shop has
been splayed to resolve the sharp corner of the site and provide an
entry point.
The corner of the development
to Birrell Street has been provided with a unique skillion roof in
order to accentuate the corner of the site and mark the site when
viewed from Bronte Road and Birrell Street vistas.
HERITAGE CONSERVATION
Oxford Street and Bronte Road
are of historical significance for the local community as the focus of
the retail precinct, which developed around the tramway in the late
19th and 20th centuries. The streetscape character at this time was
based on a corridor of two to three storey buildings. These were built
to the street alignment and featured decorative parapet lines. The
facades to most of these buildings have since been altered, with a
number of sites being completely re-developed. The former character of
these streets still remains and provides important information about
how the area developed.
The subject building has been
identified on Map 5 of the Development Control Plan as having facades
to be considered in relation to the existing heritage items.
It should be noted by Council
that the subject site and its surroundings are not heritage items or
within an Urban Conservation Area. Although it is considered that the
facade treatments to the subject two storey residential flat building
at 117-119 Bronte Road is reasonably in tact, the age of the building
and the internal fabric would require major alterations to make it BCA
compliant. In addition, the corner two and three storey residential
building and shop at 121-123 Bronte Road appears internally and
externally to be past its economic life. This has been supported by
correspondence from Becker Engineering Group Pty Ltd, which indicate
both buildings do have problems in relation to water leakage, timber
rot, advanced concrete cancer and various other structural problems.
However, the applicant has
addressed the heritage conservation in the following manner:
Facades have been designed to
address both streetscapes with appropriate usage of scale, materials,
proportions, colour and character in relation to neighbouring
buildings.
The scale of the facades have
been designed to respect the scale of the existing neighbouring
buildings, without directly matching or copying their heights. Minor
differences between the scale and the proposed and existing buildings
arise from the fall of the land along Bronte Road and Birrell Street.
The scale of the building increases as one moves towards the
intersection corner of the site in response to the corner situation.
The development has been
carefully considered and is based on a framed modular idea. Concrete
frames have been designed with a width and height relative to the
proportions of existing terrace houses. This module is intended to
provide a direct visual relationship to the neighbouring terraces
houses in both streetscapes.
Solar Access
The proposed development has
been designed to provide an appropriate residential development for
the zone, whilst minimising any adverse overshadowing of the outdoor
living areas and living room windows of adjacent properties. This has
been achieved due to the fact that the immediate building adjacent to
the site is a commercial premises and the site is bounded on the other
site by street frontages. The result of this situation is that the
overshadowing caused by the building falls largely upon itself and the
surrounding streets, rather than adjacent residential properties
(opposite side of Birrell Street).
Due to the northern and north
eastern orientation of the building's wings, the ground floor private
open space and balconies to the upper levels receive sunlight for the
majority of the day. All living areas and private open space within
the development has been orientated towards the north in order to gain
the maximum benefit from solar access, natural light and ventilation.
All internal living areas open directly onto north facing outdoor
areas in the form of balconies, terraces and courtyards.
Energy Efficiency
The proposed development has
been assessed by an Accredited NatHERS Assessor in which the star
rating for the development ranges from 3.5 - 4.5. Notwithstanding, the
designer of the project has taken into account Waverley Council's
Development Control Plan No. 13 - Energy Efficiency and had designed
the buildings to gain the maximum exposure to solar access together
with usable open space courtyards and balconies.
Corporate and Technical
Services Comments
The plans were referred to
the Corporate and Technical Services Department who raise no objection
to the proposal subject to appropriate conditions relating to the
driveway access from Birrell Street minimum head height within the
basement areas and any work on adjacent property to be in accordance
with the requirements of Council's Manager of Technical Services.
Additional conditions will impose in relation to the upgrading of the
kerb, gutter and footpath, services pits and the levels to the shop
front.
In accordance with Council's
Policy the proposal was notified to adjoining residents, precinct
committee and an ad placed within the Wentworth Courier for a
period of 14 days from 5 September 2001. As a result of the exhibition
period, one submission was received from a resident in Blenheim Street
requesting an extension time for viewing of the plans by more
residents. The submission quotes the following:
"Whilst accepting the
need for an improvement of the site, you will no doubt be aware of the
increasing traffic problems experienced in Blenheim and Isabella
Street and the residents need to be fully informed of these new plans
and appraised of the possible impact".
Comment – it is considered
that the propose development will not contribute to a significant
increase in traffic generation or parking within the street system.
AFFORDABLE HOUSING
The proposed development
provides for a mixed commercial/residential development consisting of
1 shop and 12 residential units.
State Environmental Planning
Policy No. 10 – Retention of Low-Cost Rental Accommodation does not
apply to the demolition of a residential flat building, and therefore
is not required to be submitted to the Department of Urban Affairs and
Planning.
It should be noted that
Clause 18 – Affordable rental housing pursuant to LEP 1996 does not
apply to the Waverley and Woollahra Joint Local Environmental Plan
1991 - Bondi Junction Commercial Centre.
However, during the
assessment of the development application the applicant has agreed to
offer to Council a 1 bedroom unit in Fee Simple consistent to Council’s
development incentives, subject to environmental considerations.
Therefore, a condition of consent has been negotiated and agreed upon
by the applicant and Council.
Council will note that this
form of assessment and agreement has occurred in the past
within the Joint LEP area for
sites;
7-15 Newland Street, corner
Spring Street.
17-23 Newland Street
The following instruments
have been used to assess the loss of affordable housing for
the purposes of Section 94
contributions.
Waverley Section 94
Contributions Plan.
Council’s Housing Strategy.
Section 79C(1) of the
Environmental Planning and Assessment Act.
For the purposes of
determining the loss of low cost accommodation, existing rent levels
for each unit within the present buildings are compared against the
medium rent levels specified in the Rent Report or Rent & sales
Report NSW published by the Department of Urban Affairs and Planning
or the Department of Housing. These rents apply to a 24-month period
prior to the lodgement of a development application. Should the rents
not exceed the medium rental level at that time of development
application lodgement, a Section 94 contribution will apply for the
loss of affordable accommodation.
The applicant has provided
the following rental details,
|
Unit
No. |
No. of beds |
Current rental
|
Medium rental under
Rent and Sales Report |
Low-rental dwelling |
|
1/117
|
2 |
$280.00
|
$350.00 |
Yes |
|
2/117
|
2 |
$345.00
|
$350.00 |
Yes |
|
3/117
|
1 |
Vacant-damaged
|
- |
No |
|
1/121
|
1 |
$190.00
|
$260 |
Yes |
|
2/121
|
Shop |
Vacant/storage
|
- |
No |
|
3/121
|
2 |
$235.00
|
$350.00 |
Yes |
|
1/182
|
1 |
$255.00
|
$260.00 |
Yes |
|
2/182
|
1 |
$270.00
|
$260.00 |
No |
|
3/182
|
Storage |
Under shop
|
- |
No |
Taking the above table into
consideration it is therefore considered that five (5) of the existing
residential tenancies are low rental dwellings. Given this, the
proposed development requires thorough consideration of the social
implications it will have on the affordable housing sector and groups
and individuals in the community.
a) Major Reduction in the
Number of Units of Low Rental Accommodation.
The existing building
provides for 3 x 2 and 3 X 1 bedroom units rented between $190.00 and
$345.00. The median rent for a 2 bedroom unit is $330 (first year) and
$350 (second year). A 1 bedroom unit in the Waverley area is currently
$250.00 (first year) and $260.00 (second Year).
The new development will see
the loss of 3 x 2 and 2 x 1 bedroom units of existing affordable
housing. While the loss of these units may not be deemed a ‘major
loss’ of affordable rental stock, the proposed development will
contribute to the cumulative loss such housing stock.
b) Comparable Accommodation
Consideration is to be given
to the availability of comparable accommodation in the Council area.
Comparable is defined as accommodation that is similar to the subject
building in location, style size, rental levels, availability to
services and access to public transport. The assessment is undertaken
by reviewing the state of the rental market through consideration of
information provided by the applicant and Council’s quarterly rental
survey.
Council’s most recent
rental survey from March 2001 indicates that approximately 80 x 1
bedroom/studio units were available each week and marginally less for
two bedroom units. This represents a vacancy rate of 2.55%. 28%, of
the available 2 and 1 bedroom stock in the LGA.
It is widely accepted
throughout the real estate industry in NSW that a vacancy rate of 3%
generally indicates a balance between demand and supply of rental
accommodation. The NSW Real Estate Institute states that the vacancy
rate in Sydney for June 2001 was 3.3%. While vacancy rate of 2.55% is
below the 3% benchmark, it has increased from 1.7% in March 2000. More
recent real estate market analysis indicates that vacancy rates are
continuing to increase, placing downward pressure on rent levels.
c) Social and Economic
Effects on the Local Community
A decrease in the supply of
low cost rental accommodation will result in a reduction in housing
choice within the area and increase competition for such stock. It
will also place increased pressure on rent levels at the low end of
the market. An increase in rent levels and a related reduction of
housing choice for individuals within the community on low incomes
places groups and individuals within the community under "housing
stress". This may force residents to live in inappropriate
housing or move out of the area, causing social dislocation and the
destruction of their local support networks. As a result of on going
social dislocation and increased housing stress, Waverley Council has
formulated policy to provide alternative housing opportunities for
low-moderate income earners.
The proposed development can
therefore be deemed to contribute to a cumulative negative social and
economic impact on the Waverley area under Section 79C(1)(b). Although
this will somewhat be alleviated by the increasing vacancy rates being
experienced for rental accommodation in the area. The pressure placed
on individuals and groups in the community, as a result of the loss of
affordable rental housing, increases their levels of housing stress
and this in turn increases their demand for Council provided rental
housing stock. Consequently Council should be compensated through the
application of the Section 94 Contributions Plan or through
negotiations with the applicant.
d) Arrangements to Assist
Existing Tenants
The existing low vacancy
rates of comparable rental accommodation means some difficulty is
likely to be faced in securing alternative accommodation within the
Waverley area for the existing tenants. This has the potential to
result in negative social costs arising from displacement from areas
where residents have established social networks. There should
be an obligation on the applicant to alleviate the negative impact of
relocation. This could come in the form of a tenants assistance plan
requiring the existing tenants in units 1/182, 1/117, 2/117, 1/121 and
3/121 being given 3 months notice to vacate and an introductory letter
to a real estate agent within the Waverley Council area provided to
each of the existing residents outlining their accommodation needs and
requesting that assistance is provided in securing suitable
accommodation. This plan to be submitted and evidence for the
implementation of the plan to be provided prior to the commencement of
work.
e) Cumulative impact on the
loss of low rental accommodation
The removal of this property
from the rental sector will have a cumulative impact on the Waverley
community. The need to retain rental stock, particularly low rental
stock, is important in the Waverley area as the loss of rental housing
has implications on the housing market. Further decrease in the supply
of low cost rental accommodation will result in further increases in
competition to obtain rental stock. Increased competition will
particularly occur for the remaining low - moderately priced rental
stock and there will be a reduction in housing choice within the area.
The social and economic implications of this cumulative impact are
addressed in (c) above.
f) Structural soundness of
the building/ fire safety compliance.
The proposed development
involves the demolition of the two existing buildings, which are
considered not an ideal form of accommodation and would require
extensive renovations to make them BCA compliant. The matter of a fire
upgrade would be of importance in the short term should the buildings
continue to be occupied.
SECTION 79C (1)(b) – SOCIAL
AND ECONOMIC IMPACT
Section 79C(1)(b) of the Act
requires that Council consider a range of social and economic impacts
that a development will have on an area in the assessment and the
decision making process. To assess the impacts on affordable housing,
Council considers how the development impacts on the supply of low
cost housing and any affected groups and individuals in the area.
The impacts and costs
incurred by the community and the area as a result of the development
are outlined above. Based on that assessment, the proposed development
is considered to have a negative social and economic impact on the
community.
Section 94
The Section 94 Contributions
Plan adopted by Council on 8 October 1998 requires that any
development, which creates a net loss of affordable rental housing, be
subject to a contribution of $7008 per bedroom lost. The definition of
‘affordable’ means that housing which rents at rental rate, which
is comparable to or less than the existing median rent levels in the
Council area.
Consequently, should the
application be approved, the applicant should be levied a section 94
contribution of $35,040 for the loss of the 3 x 2 and 2 x 1 bedroom
units of affordable housing.
Unit offer to Council by the
applicant
As part of the negotiations
with Council regarding the proposed development and the increase in
floor space ratio, the applicant has agreed to offer a 1 x 1 Bedroom
unit (No. 11) to Council in Fee Simple. The DBU do not raise an issue
with the increased floor space as the building complies with building
height, setbacks, parking and meets the aims and objectives of the
Waverley and Woollahra Joint LEP 1991.
The Housing Calculator values
the benefit back to Council as 60% benefit (benefit captured $350,000)
in lieu of the 50% margin recommended by the Housing Study. This means
an additional 10% above the calculator requirement, which equates to a
$35,000 additional benefit. Accordingly, the difference in benefit
captured to Council may be subtracted from the Section 94 Contribution
of $35,040 for the loss of affordable housing. This can be sustained
by the increased benefit in the short and long term of Council
obtaining a unit for the purposes of its Housing Strategy and
maintains equity between the Section 94 Contribution and the gross
value of the 60% contribution Council receives.
The Section 94 contribution;
10% of benefit captured
($350,000) is $35,000
The loss of 5 units is levied
at $35,040 ($40 difference)
The loss of the low-rental
units within the existing buildings are compensated by the value of
the 1 bedroom unit dedicated to Council in Fee Simple. Therefore, it
is recommended Council waive the Section 94 levy of $35,040 as this is
made up in the value of the 1 bedroom unit Councils receives.
The DBU inspected the site
and raise no objection to the proposed development. The assessment and
recommendation by the responsible officer is concurred with. The DBU
has noted the offer to Council of a 1 bedroom unit in fee simple and
the recommendation to waive the Section 94 contribution of the loss of
affordable housing. The SEPP No. 1 is considered reasonable in terms
of the floor space ratio, with the excess not seriously contributing a
loss amenity to adjoining residents.
The application has been
assessed against relevant provisions of Section 79C of the
Environmental Planning & Assessment Act 1979; Council Codes and
Policies and taking into account submissions received.
A. Pursuant to the
applicant's objection under State Environmental Planning Policy
No. 1 and the powers delegated to Council by the Director of
Planning and Environmental Services, the provisions of Clause
14-Waverley/Woollahra Joint Local Environmental Plan 1991 are
waived to permit an increase to the permissible floor space ratio
of 1.48:1.
B That Council as the
Consent Authority grant development consent for a mixed
commercial/residential development with basement carparking at
Nos. 117-123 Bronte Road, Bondi Junction, subject to the following
conditions:
1. Compliance in all
respects with Plan Nos. MJB-01 to MJB-08 inclusive, tables and
documentation prepared by .CSA Architects Pty Ltd., dated 1 July
2001, received by Council 24 August 2001, except where amended by
the following conditions of consent.
2. A deposit of guarantee
satisfactory to Council for the amount of $20,000 must be provided
as security for the payment of the cost of any one or more of the
following:
- making good any damage
caused to any property of Council as a consequence of the doing of
anything which the consent relates;
b) completing any public
works (such as roadwork, kerbing and guttering, footway
construction, stormwater drainage and environmental controls)
required in connection with the consent;
c) remedying any defects in
such public work that arise within six months after the work is
completed.
3. A standard B-Class
hoarding designed and constructed in accordance with the
requirements of the Work Cover Authority being erected on the street
alignments of the property, prior to the commencement of building
operations, and such hoardings to be maintained during the course of
building operations.
4. Where the hoarding is
proposed to be erected over the footpath or any public place, the
permission of Council must be obtained prior to the erection of the
hoarding.
5. The building and
demolition work must only be done between the hours of 7am and 5pm
on Mondays to Saturdays and building work must not be carried out on
Sundays and public holidays.
6. Excavation works
involving the use of heavy earth movement equipment including rock
breakers and the like must only be done between the hours of 7am and
5pm on Mondays to Fridays and 9am and 1pm on Saturdays and work must
not be carried out on Sundays or public holidays.
7. The building work must
not be commenced until:
a) a Construction
Certificate has been obtained from Council or an Accredited
Certifier in accordance with Section 81A(2) of the Environmental
Planning & Assessment Act, 1979; and
- a Principal Certifying
Authority has been appointed and Council has been notified of the
appointment in accordance with Section 81A(2)(b) of the
Environmental Planning & Assessment Act, 1979 and Form 7 of
the Schedule 1 of the Regulations; and
- Council is given at least
two days notice in writing of intention to commence the building
works.
The owner/applicant may
make application to Council or an Accredited Certifier for the
issue of a Construction Certificate and to be the Principal
Certifying Authority.
Should Council be
appointed the Principal Certifying Authority, the applicant/owner
is to pay an inspection fee of $2,387 in accordance with Council's
Pricing Policy prior to commencement of any works.
8. All building work must
be carried out in accordance with the provisions of the Building
Code of Australia.
9. The Principal
Certifying Authority must be informed in writing before any site
works, building or demolition commences of:
- the name and contractor
licence number of the licensee who has contracted to do, or
intends to do, work ; or
- the name and permit number
of the owner/builder who intends to do the work; and
- any change to these
arrangements for doing of the work.
10. The payment of a long
service levy as required under Section 34 of the Building and
Construction Industry Long Service Payments Act, 1986, in
respect to this building work, and in this regard, proof that the
levy has been paid is to be submitted to Council prior to the
issue of a Construction Certificate.
Note:
Council acts as an agent for the Long Services Payment Corporation
and the levy may be paid at Council's office. The levy rate is
0.2% of building work costing $25,000 or more.
11. The builder or person
who does the residential building work shall comply with the
applicable requirements of Part 6 of the Home and Building Act,
1989, whereby a person must not contract to do any residential
building work unless a contract of insurance that complies with
this Act is in force in relation to the proposed work. It is the
responsibility of the builder or person who is to do the work to
satisfy the principle certifying authority that they have complied
with the applicant requirements of Part 6, before any work
commences.
12. All excavations and
backfilling associated with the erection or demolition of a
building must be executed safely and in accordance with the
appropriate professional standards and must be properly guarded
and protected to prevent them from being dangerous to life or
property.
13. If the soil requires it:
a) retaining walls
associated with the erection or demolition of a building or
other approved methods of preventing movement of the soil must
be provided; and
b) adequate provision must be
made for drainage.
14. If an excavation
associated with the erection or demolition of a building extends
below the level of the base of the footings of a building on an
adjoining allotment of land, the person causing the excavation to
be made, at their own expense, must:
- preserve and protect the
building from damage; and
- if necessary, must
underpin and support the building in an approved manner; and
- must, at least seven
days before excavating below the level of the base of the
footings of a building on an adjoining allotment of land, give
notice of intention to do so to the owner of the adjoining
allotment of land and furnish particulars of the excavation to
the owner of the building being erected or demolished.
15. If a public place or
pedestrian vehicular traffic may be obstructed because of the
carrying out of work involved in the erection or demolition of a
building; or a public place is required to be enclosed in
connection with the erection or demolition of a building; then:
- a hoarding fence must be
erected between the building site and the public place of the
proposed building and the public place. If necessary, an awning
sufficient to prevent any substance from, or in connection with,
the work falling onto the public place, is also to be erected;
- the work is to be kept
lit during the time between sunset and sunrise if the work may
be of a sort of danger to persons using the public place;
- a hoarding, fence, or
awning is to be removed when it is no longer required for the
purpose for which it was provided.
16. A sign is to be erected
at the street frontage of the site stating the following:
- unauthorised entry to
the work site is prohibited; and
- the name of the person
in charge of the work site and a telephone number at which that
person can be contacted outside working hours.
17. Toilet facilities
being provided on the work site in accordance with the
requirements of Sydney Water.
18. A final Occupation
Certificate must be issued by the Principal Certifying Authority
prior to occupation or use of the development. In issuing an
Occupation Certificate, the Principal Certifying Authority must be
satisfied that the requirements of Section 109H of the Environmental
Planning and Assessment Act, 1979 have been satisfied.
19. Structural details
prepared and certified by a practicing Structural Engineer being
furnished to Council or Accredited Certifier in connection with
all structural comments and excavations prior to the issue of a
Construction Certificate.
20. No portion of the
proposed development including the footings and roof eaves, to
encroach beyond the boundaries of the subject property.
21. The floor and wall
surfaces of the proposed bathrooms, ensuites, laundries and
toilets being protected against water in accordance with the
Building Code of Australia. Note: Water proofing is to be in
accordance with AS 3740 - Water Proofing of Wet Areas within
residential buildings.
22. All wet areas in the
proposed development to be examined and certified by an Accredited
Certifier.
23. A Certificate of
Survey prepared by a Registered Surveyor setting out the actual
reduced levels of the ground floor level of the building as
related to the fixed datum shown on the plans with the development
consent, being submitted to the Principal Certifying Authority to
certify the finished levels conform with the development consent
granted by Council; and such Certificate to be submitted prior to
the construction of any further stages of the building.
24. A Certificate of
Survey prepared by a Registered Surveyor setting out the
boundaries of the site and the actual situation of the building on
the site, being submitted to the Principal Certifying Authority to
certify the building is setback from the boundaries of the
allotment in accordance with the plans with the development
consent; and such Certificate to be submitted prior to the
construction of the external walls above the ground floor level of
the building.
25. The display of
suitable numbers in a location clearly visible from the street to
distinguish the building on the subject land.
26. Erosion, sediment and
pollution control measures are to be implemented on this site.
These measures are to be in accordance with Council's Soil and
Water Management Policy and are to be implemented prior to
commencement of any work or activities on or around the site.
Details of these measures are to be submitted to Council prior to
the issuing of a Construction Certificate.
27. The building works
are to be inspected during construction by the Council or by an
Accredited Certifier or other suitably qualified person and
documentary evidence of compliance with the relevant terms of the
approval/standards of construction detailed in the Building Code
of Australia, is to be obtained prior to proceeding to the
subsequent stages of construction. Inspections are to include the
following:
- sediment control
measures;
- foundation material;
- footings, slabs and
structural beams and columns;
- floor, wall and roof
frame;
- storm water drains prior
to covering.
28. In accordance with
the requirements of Council's Stormwater Management Policy,
provision is to be made for on-site stormwater detention (OSD).
The applicant is advised that the on-site stormwater detention
systems must be designed and constructed in accordance with the
requirements of Council's OSD Technical Specification and relevant
information can be obtained from Council's Planning &
Environmental Services Department. Full details of OSD must be
submitted prior to the issue of a Construction Certificate.
29. The site to be
landscaped and turfed in accordance with the approved landscaped
plan attached to the development application.
30. Specific development
applications being lodged for the approval of Council in
connection with the usage of any retail areas, prior to the
occupation of the premises.
31. The method of
collection and disposal of garbage and refuse arising from the
usage of the building being in accordance with Waverley
Development Control Plan No. 19 - Controls for Site Minimisation
and Management. In this regard, a site waste management plan is to
be prepared and approved by the Principle Certifying Authority
prior to the issue of a Construction Certificate.
32. The open private
balconies attached to the proposed building not to be enclosed at
any future time, in accordance with the provisions of Council's
General Policy and in this regard, the door openings within the
external walls adjoining the private open balconies to be
constructed so as to prevent the penetration of rain or other
waters to the inner part of the building.
33. Notification of
arrangement with Telestra and/or Optus for the provision of a
telephone supply to each lot to be submitted to the satisfaction
of the Principle Certifying Authority prior to the release of the
Subdivision Certificate.
34. The applicant is
advised that Council policy prohibits the use of organochlorin
pesticides as termite barriers in new development. Rather, in
accordance with Australian Standard 3660: Protection of building
from subterranean termites - Prevention, detection and treatment
of infestation, physical barriers are to be used.
35. Footpath restoration
is carried out in accordance with Council's Bondi Junction
Streetscape Improvement Plan. In this regard, the applicant is to
confer with the Corporate and Technical Services Department prior
to commencement of such restoration works.
36. The mechanical
ventilation system shall comply with Australian Standard AS
1668.2-1991 The use of mechanical ventilation and air conditioning
in buildings. Prior to installation, the design is to be
certified by a person competent to do so. At the completion of the
installation of the mechanical ventilation system, the work shall
be certified by a person competent to do so. The certification
shall include:
- inspection, testing and
commissioning details;
- date of inspection
testing and commissioning details;
- the name and address of
the individual who carried out the test; and
- a statement that the
service has been designed, installed and is capable of operating
to the above standard.
37. Any lighting on the
site shall be designed so as not to cause nuisance to other
residences in the area or to motorists on nearby roads and to
ensure no adverse impact on the amenity of the surrounding area by
light overspill. All lighting shall comply with the Australian
Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor
Lighting.
38. Hazardous or
intractable wastes arising from the demolition process shall be
removed and disposed of in accordance with the requirements of
WorkCover and the EPA and with the provisions of:
- New South Wales
Occupational Health and Safety Act, 1983
;
- New South Wales
Construction Safety Act, 1912; Regulation 84A-J Construction
Work Involving Asbestos or Asbestos Cement 1983,
- The Occupational Health
& Safety (Hazardous Substances) Regulation 1996
;
- The Occupational Health
& Safety (Asbestos Removal Work) Regulation 1996
;
and
- Environmental Offences
and Penalties Act, 1997.
39. Building operations
such as brick cutting, washing tools or brushes and mixing mortar
are not permitted on public roadways or footpaths or in any
locations which could lead to the discharge of materials into the
stormwater drainage system.
40. The mechanical
ventilation system shall comply with Australian Standard AS
1668.2-1991 The use of mechanical ventilation and air conditioning
in buildings. Prior to installation, the design is to be
certified by a person competent to do so. At the completion of the
installation of the mechanical ventilation system, the work shall
be certified by a person competent to do so. The certification
shall include:
- inspection, testing and
commissioning details;
- date of inspection
testing and commissioning details;
- the name and address of
the individual who carried out the test; and
- a statement that the
service has been designed, installed and is capable of operating
to the above standard.
41. In accordance with
"Bondi Junction Commercial Centre - Urban Design Control
Plan" the applicant/owner is to reconstruct the footpath
surface adjacent to the subject site in Bronte Road and Birrell
Street with uniform selected paving or concrete footpath and where
appropriate street planting (if required). Such details regarding
paving and tree species are to be resolved with Council prior to
the issue of a Construction Certificate.
42. The development is to
provide a box awning for the entire length of its Bronte Road
frontage and a portion of Birrell Street ending with the
retail/commercial premises. Details are to be furnished to Council
prior to the issue of a Construction Certificate.
43. A schedule of
external finishes shall be submitted for Council's consideration
and approval prior to issue of the Construction Certificate. The
schedule shall include details of proposed external walls and
roofing materials in the form of either trade brochures or
building samples. Where specified, the schedule shall also include
window fenestration and window frame colour details, as well as
fencing, paving and balustrading details and guttering, colour and
profile.
44. Pursuant to Section
94 of the Environmental Planning and Assessment Act, 1979 and
as a need brought about by the proposed development, the
owner/applicant is to contribute the sum of $6,310 in relation to
the Bondi Junction Townscape Improvement Scheme. This need is
created as the future development will increase the demand for
public spaces. In addition, the increased commercial development
will increase the number of people attracted to Bondi Junction and
intensify the use of public space. Such an amount is to be paid
prior to the issue of a Construction Certificate.
45. In return for the
development gaining an increased floor space, the registered
proprietor is to transfer 1x1 bedroom unit (Unit 11 shown on
approved plans received by Council on 24 August 2001 to Council in
fee simple. The Registered proprietor will:
a) enter into a deed
of agreement with Council providing for the lodgement of the
said transfer in registrable form prior to the release of
Construction Certificate. The cost of preparation of the legal
agreement is to be met by the registered proprietor.
b) lodge with Council
a transfer in a registrable form, prior to release of the
strata plan of unit No. 11 as shown on approved plans received
by Council on 24 August 2001. The cost of preparation of the
said transfer in registrable form is to be met by the
registered proprietor.
46. The unit is to be
managed by a community organisation identified by Council and is
to provide accommodation for a household identified to be on low
to moderate incomes. Details of the management arrangements are to
be addressed in the agreement.
47. The applicant prepare
a tenant assistance plan for the tenants living in the property.
Minimum requirements for this plan should be that:
48. That the existing
tenants are given a minimum 3 months notice to vacate the
premises.
49. That a letter of
introduction to a real estate agent in the Waverley Area is
provided to each of the existing tenants in within five (5) days
of when they are issued notices to vacate, outlining their
accommodation needs and seeking assistance in securing appropriate
accommodation.
50. The tenants be
informed of Councils decision and these requirements prior to
issuing the notice to vacate.
51. Evidence of
implementation of this plan is to be provided to Council prior to
the issue of a Construction Certificate.
52. Pursuant to Section
94 of the Environmental Planning and Assessment Act, 1979 and as a
need brought about by the proposed development, the
applicant/owner to contribute the sum of:
$6,672 towards Council’s
Open Space Reserve Fund for the acquisition, improvements and
maintenance of Council Reserves and Parks in the locality, and
$6,174 towards Council’s
Library Facilities and resources providing information, cultural
and recreational needs of the community, and
$438 towards Council’s
Senior Citizens Facilities and improvements, and
$714 towards Council’s
Bus Facilities for the provision and improvements of public
transport access and facilities,
and such amount to be paid
prior to the release of the Construction Certificate.
However, if such amounts
in (a), (b), (c) and (d) are not received within two (2) years of
the issue of the notice, then the contribution is to be up-graded
in line with any new rates of contribution adopted by Council
after application of an inflation factor.
53. The finished level at
the property boundary on both sides of the vehicle crossing is to
be 50mm above the level of the existing concrete footpath.
54. The finished level
along the property boundary in both Bronte Road and Birrell Street
is to be 100mm above the level of the existing top of kerb.
55. A new vehicle
crossing is to be provided to access the proposed parking space. A
separate application is required for the construction of this
vehicle crossing with all work to be carried out with the approval
and in accordance with the requirements of the Manager –
Technical Services.
56. The existing vehicle
crossing is to be closed and all work associated with closing the
crossing is to be carried out with the approval of and in
accordance with the requirements of the Manager –Technical
Services.
57. All work outside the
property boundary is to be carried out with the approval of and in
accordance with the requirements of the Manager – Technical
Services.
58. Telstra, Energy
Australia and the RTA should be contacted regarding their service
pit which may be adjusted to meet any new footpath levels.
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