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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:

  1. making good any damage caused to any property of Council as a consequence of the doing of anything which the consent relates;
  2. 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

  3. 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
  4. 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:

  1. the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or
  2. the name and permit number of the owner/builder who intends to do the work; and
  3. 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:

    1. preserve and protect the building from damage; and
    2. if necessary, must underpin and support the building in an approved manner; and
    3. 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:

    1. 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;
    2. 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;
    3. 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:

    1. unauthorised entry to the work site is prohibited; and
    2. 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: 

    1. sediment control measures;
    2. foundation material;
    3. footings, slabs and structural beams and columns;
    4. floor, wall and roof frame;
    5. 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:

    1. inspection, testing and commissioning details;
    2. date of inspection testing and commissioning details;
    3. the name and address of the individual who carried out the test; and
    4. 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:

    1. inspection, testing and commissioning details;
    2. date of inspection testing and commissioning details;
    3. the name and address of the individual who carried out the test; and
    4. 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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