Development Application: 117 Kippax Street - City of Sydney

Transcription

DEVELOPMENT ASSESSMENT
SUB-COMMITTEE
12 MAY 2015
ITEM 12.
DEVELOPMENT APPLICATION: 117 KIPPAX STREET - ALSO
KNOWN AS 10-14 WATERLOO STREET - AND 119-127 KIPPAX
STREET SURRY HILLS
FILE NO:
D/2014/1506
DEVELOPMENT APPLICATION NO: D/2014/1506
SUMMARY
Date of Submission:
30 September 2014. Amended plans received 23
March 2015.
Applicant:
Cornerstone Property Group Pty Ltd
Architect:
Burley Katon Halliday (BKH)
Developer:
Cornerstone Property Group Pty Ltd
Owner:
KPX 119 PTY LTD and WATERLOO 10 PTY LTD
(117 Kippax Street)
KPX 119 PTY LTD (119-127 Kippax Street) (primary
development site)
Cost of Works:
$17,969,000
Proposal Summary:
Adaptive reuse of the existing heritage-listed
warehouse to a mixed use development, including:
•
•
•
•
•
•
demolition of the 1970s infill building at the
rear of the warehouse;
45 apartments;
lower level commercial/retail tenancies;
a part one / part two storey roof top addition;
car parking for 46 cars within the basement of
the adjoining commercial building (117 Kippax
Street), accessed from Waterloo Street; and
subdivision.
The existing building has a FSR of 4.6:1 and a height
between 18m and 24m, varying on account of the
site’s topography. The proposal has a FSR of 4.5:1
and a topmost height of 28m.
A request for a variation to the building height
development standard (22m) and the FSR control
(3.5:1) has been submitted under Clause 4.6 of the
LEP. The variations to the development standards are
supported in this instance. As the proposed height
and FSR are 29% and 21% over the controls,
respectively, Council is the consent authority.
DEVELOPMENT APPLICATION: 117 KIPPAX STREET - ALSO KNOWN AS 10-14 WATERLOO STREET - AND 119-127 KIPPAX STREET
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Proposal Summary:
(continued)
12 MAY 2015
Five submissions were received raising concerns
about view loss, non-compliance with height and FSR
controls, heritage, noise and traffic. Two of the
submissions raised concern about view loss. In
response to those concerns, additional view analysis
was undertaken to show the proposed change to
affected resident’s views.
While there will be some loss of views, having regard
to the overall improvement to the outlook and amenity
of most of the adjoining residents from the demolition
of the 1970s addition, on balance, it is considered that
the proposed impacts are reasonable.
Summary Recommendation:
The development application is recommended for
approval, subject to conditions.
Development Controls:
(i)
State Environmental Planning Policy 55
(Remediation of Land)
(ii) State Environmental Planning Policy 65 (Design
Quality of Residential Flat Development)
(iii) State Environmental Planning Policy (Building
Sustainability Index: BASIX) 2004
(iv) State Environmental Planning Policy No 32—
Urban Consolidation (Redevelopment of Urban
Land)
(v) Sydney Regional Environmental Plan (Sydney
Harbour Catchment) 2005 (Deemed SEPP
(vi)
Sydney Local Environmental Plan 2012
(vii) Sydney Development Control Plan 2012
Attachments:
A - Selected Drawings
B - View Impact Analysis Images
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RECOMMENDATION
It is resolved that consent be granted to Development Application No. D/2014/1506,
subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use
and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a
Construction Certificate and some are to be satisfied prior to issue of Occupation
Certificate, where indicated.
(1)
APPROVED DEVELOPMENT
(a)
Development must be in accordance with Development Application No.
D/2014/1506 dated 30 September 2014 and the following drawings:
Drawing Number
Architect
Date
DA-101 Revision C
Burley Katon Halliday Pty Ltd
16/03/2015
DA-102 Revision C
16/03/2015
DA-103 Revision C
16/03/2015
DA-104 Revision C
16/03/2015
DA-105 Revision C
16/03/2015
DA-106 Revision C
16/03/2015
DA-107 Revision C
16/03/2015
DA-108 Revision C
16/03/2015
DA-109 Revision C
16/03/2015
DA-110 Revision C
16/03/2015
DA-111 Revision C
16/03/2015
DA-112 Revision C
16/03/2015
DA-113 Revision C
16/03/2015
DA-201 Revision D
17/03/2015
DA-202 Revision D
17/03/2015
DA-203 Revision C
16/03/2015
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Drawing Number
Architect
Date
DA-204 Revision C
16/03/2015
DA-301 Revision C
16/03/2015
DA-302 Revision D
17/03/2015
and as amended by the conditions of this consent.
(b)
(2)
In the event of any inconsistency between the approved plans and
supplementary documentation, the plans will prevail.
IN-BOARD BEDROOMS
To ensure adequate access to light and air, bedrooms in apartments 2.09,
2.11, 3.08, 3.10, 4.07 and 4.09 are to be designed in accordance with
drawing DA7.10 prepared by Burley Katon Halliday Pty Ltd and dated
05.03.2015.
(3)
LEVEL 5 TERRACE
The design of the external terrace to the courtyard of apartment 6.02 must be
modified to incorporate privacy treatments to the south.
The modifications are to be submitted to and approved by Council’s Area
Planning Manager prior to the issue of a Construction Certificate.
(4)
(5)
USE - SEPARATE DA REQUIRED
(a)
As the building is a heritage item, a separate development application
for the fitout and use of the lower level retail premises, food and drink
premises and commercial premises must be submitted to and
approved by Council prior to that fitout or use commencing unless that
future use is exempt development under the State Environmental
Planning Policy (Exempt and Complying Development Codes) 2008.
(b)
Any future proposed food premises must have a vertical mechanical
discharge system and an approved air handling system designed in
accordance with AS1668.1-1998 and AS1668.2-1991 or AS1668.2 –
2012 and the discharge point for the removal of kitchen exhaust air is
to be located on the rooftop of the building. Details are to be provided
with any future DA.
SIGNS - SEPARATE DA REQUIRED
A separate development application for any proposed signs additional to
those approved as part of this consent (other than exempt or complying signs
under Council’s exempt and complying DCPs) must be submitted to and
approved by Council prior to the erection or display of any such signs.
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(6)
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MATERIALS AND SAMPLES BOARD
A physical materials sample board detailing all proposed external finishes,
glazing and colours (including rooftop plant screening details) must be
submitted to and approved by the Director City Planning, Development and
Transport prior to a Construction Certificate being issued.
(7)
BLIND SYSTEM
An external sun-control blind system is to be incorporated to the east, north
and west elevations of the rooftop addition. Blinds are to retract into
concealed ceiling rebates or pelmets. Details including elevations, sections,
materials and colours are to be submitted to and approved by Council’s Area
Planning Manager prior to the issue of a Construction Certificate.
(8)
REFLECTIVITY
The Certifying Authority must ensure that the visible light reflectivity from
building materials used on the facade of the building does not exceed 20%
prior to issue of the Construction Certificate.
(9)
DESIGN QUALITY EXCELLENCE
(a)
(b)
In order to ensure the design quality excellence of the development is
retained:
(i)
The design architect is to have direct involvement in the design
documentation, contract documentation and construction stages
of the project;
(ii)
The design architect is to have full access to the site and is to be
authorised by the applicant to respond directly to the consent
authority where information or clarification is required in the
resolution of design issues throughout the life of the project;
(iii)
Evidence of the design architect’s commission is to be provided
to the Council prior to release of the Construction Certificate.
The design architect of the project is not to be changed without prior
notice and approval of the Council.
(10) APPROVED DESIGN ROOF - TOP PLANT
All roof-top plant and associated equipment must be located within the
approved building envelope. Should the plant exceed the approved building
envelope, then further approval is required from Council.
(11) BUILDING HEIGHT
(a)
The height of the building must not exceed RL 61.8 (AHD) to the top of
the building, RL 62.8 (AHD) to the top of the lift overrun and
photovoltaic system and RL 63.8 to the top of the services area. The
footprints of those rooftop elements are limited to that shown on the
approved plans and must not be enlarged without the approval of
Council.
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(b)
12 MAY 2015
Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification that the height of the building accords with (a)
above, to the satisfaction of the Principal Certifying Authority.
(12) FLOOR SPACE RATIO
The following applies to Floor Space Ratio:
(a)
The Floor Space Ratio for the site (119-127 Kippax Street) must not
exceed 4.5:1 calculated in accordance with Sydney LEP 2012.
(b)
Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification of the total and component Gross Floor Areas
(by use) in the development, utilising the definition under the Sydney
LEP 2012, applicable at the time of development consent, to the
satisfaction of the Principal Certifying Authority.
(13) PUBLIC ART
(a)
High quality art work must be provided within the development,
including on the eastern wall of 117 Kippax Street (examples of which
were shown in the photomontages submitted with the DA) and in
publicly accessible locations, including near main entrances, in lobbies
on street frontages, in accordance with the Public Art Policy. The art
work to the eastern wall of 117 Kippax Street is to be non-illuminated.
Details of the art work must be submitted to and approved by Council’s
Area Planning Manager prior to a Construction Certificate being issued.
(b)
Installation of the art work must be completed to the satisfaction of
Council's Area Planning Manager prior to the issue of an Occupation
Certificate.
(14) LANDSCAPED AREAS AND GREEN ROOF
(a)
Landscaping is required as shown on the approved plans, the
landscape plans prepared by Sue Barnsley Design and dated 5
September 2014 as well as on the photomontages. This includes, but is
not limited to, landscaping in the courtyard including within the garden
beds, on the exterior walls of the terraces, fire stairs and rooftop plant
screening as well as the green roof on Level 6.
(b)
A detailed plan of the landscaped courtyard areas and green roof,
drawn to scale, by a qualified landscape architect or landscape
designer, must be submitted to and approved by Council’s Area
Planning Manager prior to the issue of a Construction Certificate. The
plan must include:
(i)
A statement that includes details of proposed use of the
landscaped courtyard and green roof, general accessibility, as
well as noise and privacy treatments and any lighting;
(ii)
Location of existing and proposed structures, services and hard
landscaping on the rooftop, roof fixings and other structural
elements that may interrupt waterproofing, including crosssectional details of all components;
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(iii)
Details of earthworks including mounding and retaining walls and
planter boxes (if applicable);
(iv)
Details of the location, sizes and numbers of plants used, with
reference to NATSPEC (if applicable) and with a preference for
drought resistant local species. The sizes are to incorporate
mature sizes for planting;
(v)
Details of the soil media / substrate type and depth;
(vi)
Details of installation methodology e.g. safety considerations for
working at height, location of maintenance hooks (if applicable)
transport of materials etc;
(vii) Details of the parts of the green roof which are accessible and
inaccessible. Where proposed to be inaccessible, green roofs are
required to remain such during occupation of the property;
(viii) Details of drainage and irrigation systems, including overflow
provisions and water retention cells in the drainage layer (if
applicable);
(ix)
(c)
(d)
Details of any lighting to be incorporated.
Prior to the issue of a Construction Certificate, the Certifying Authority
must assess and approve the proposed design of the waterproofing
system against the relevant performance provisions of the Building
Code of Australia as required by Clause A0.5 of the Code and ensure
the following is satisfied:
(i)
A report from a structural engineer confirming the adequacy of
the structure to support the saturated weight-bearing capacity of
the green roof; and
(ii)
A report from a hydraulic engineer certifying the drainage
overflow provisions and water retention cells in the drainage layer
used to facilitate self-watering for the plants.
Prior to the issue of an Occupation Certificate, a maintenance plan is to
be submitted and approved by the Principal Certifying Authority. The
maintenance plan is to be complied with during occupation of the
property and a copy of the maintenance plan is to be kept on site at all
times during construction and following completion and shall be
produced to Council on request. The maintenance plan shall include as
a minimum:
(i)
Frequency and
requirements.
methodology
of
(ii)
Details of safety procedures.
(iii)
Laminated copies of ‘As Built’ drawings.
different
maintenance
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(iv)
Manufacturer’s contact details and copies of manufacturers’
typical details and specification; and
(v)
Copies of warranties and guarantees relating to all materials and
plant used in construction.
Landscaped areas are to be maintained. The owner of the premises
shall at all times comply with the ongoing maintenance requirements of
the Maintenance Manual and shall promptly upon request produce a
copy of the Manual to Council.
(e)
All landscaping in the approved plans is to be completed prior to an
Occupation Certificate being issued.
(f)
Inaccessible green roofs are required to remain inaccessible during
occupation of the property.
(15) EXTERNAL LIGHTING
Prior to the issue of a Construction Certificate, details of any external lighting
to in the rear courtyard - either on the building, in open corridors,
incorporated into the landscaping and the like - are to be submitted for the
approval of the Council’s Area Planning Manager. Details are to demonstrate
that lux levels, intensity, colour, period of intermittency and hours of
illumination will not create adverse impact or intrusive light to surrounding
residents.
(16) UNDER AWNING LIGHTING
Illumination from the under awning lighting, when measured from any place
in the public domain, must comply with the following:
(a)
the horizontal luminance level must not exceed 200 lux (including
reflectivity from exterior finishes). The lux level may be increased to
220 lux in some areas in Central Sydney CBD;
(b)
the horizontal illuminance uniformity ratio (Eavg/Emin) must not exceed
4:1 to ensure safe movement of pedestrians;
(c)
the intensity, colour, period of intermittency and hours of illumination
must be varied if, at any time in the opinion of the Council, adverse
impact or Obtrusive Light in accordance with the definition in Australian
Standard AS4282-1997 Control of the obtrusive effects of outdoor
lighting is being caused to the amenity of the area;
(d)
where nearby residents are located above the level of the under
awning lighting, details are to be provided to show that light is not
directed upwards toward such residences; and
(e)
batten type fluorescent lighting is not permitted to be used for under
awning lighting.
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(17) AWNING MAINTENANCE
The awnings must be inspected and maintained to ensure the structural
integrity, aesthetic and functional quality of the awning.
(18) LETTERBOXES
Letterboxes are to be provided internally within entry lobbies. External
mailboxes are not to be installed on the heritage item.
(19) USE OF HERITAGE CONSULTANT
A heritage consultant experienced in heritage restoration and renovation
works is to be commissioned to work with the consultant team throughout the
design development, contract documentation and construction stages of the
project. The heritage consultant is to be involved in the resolution of all
matters where existing significant fabric and spaces are to be subject to
preservation, restoration, reconstruction, adaptive reuse, recording and
demolition. The heritage consultant is to be provided with full access to the
site and authorised by the applicant to respond directly to Council where
information or clarification is required regarding the resolution of heritage
issues throughout the project.
Evidence and details of the above commission on the above terms are to be
provided to Council’s Urban Design and Heritage Manager prior to
commencement of work on site. The heritage consultant must sign off the
completed project and submit a final report to Council’s Urban Design and
Heritage Manager specifying how the heritage conditions are satisfied prior
to the issue of an Occupation Certificate or the commencement of the use,
whichever is earlier.
(20) CONSERVATION MANAGEMENT PLAN AND CONSERVATION WORKS
TO BE UNDERTAKEN
(a)
The heritage item is to be conserved and managed in accordance with
the Conservation Management Plan (CMP) prepared by Graham
Brooks and Associates and dated September 2014.
(b)
The Conservation Works Schedule at Appendix 1 of the CMP is to be
amended to add the following conservation works:
(i)
removal of paints on the face brickwork at ground level and lower
ground level façade;
(ii)
removal of cement rendering on the rear elevations (facing the
courtyard); and
(iii)
repair of downpipes and rainwater heads.
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(c)
The amended Conservation Works Schedule required by (b) above and
a work methodology is to be submitted to and approved by Council’s
Area Planning Manager prior to the issue of a Construction Certificate.
Once approved the amended schedule and methodology shall form
part of the CMP. The work methodology must include details for the
implementation of the conservation works including detailed drawings
and a specification of works.
(d)
All conservation work must be completed prior to the issue of an
Occupation Certificate.
(21) POSITIVE COVENANT FOR HERITAGE ITEM
Prior to the issue of an Occupation Certificate, a positive covenant is to be
registered on title that burdens the development site and is enforceable by
Council (Council to be the prescribed authority imposing the covenant) in
accordance with section 88E of the Conveyancing Act 1919 (NSW), on terms
satisfactory to Council, that requires the registered proprietor of the
development site to comply with the obligations and requirements of the
Conservation Management Plan for the site as required by Condition (20).
(22) MEASURES TO COMPLY WITH THE BCA AND HERITAGE FABRIC
(a)
Any adopted measures to address non-compliances identified by the
BCA report submitted with the DA, including all the alternative
solutions, must respect the significant fabric and features of the
heritage building and minimise their impact on the significance of the
building.
(b)
Details of those measures, including all the alternative solutions, are to
be submitted to and endorsed by the Council’s Area Planning Manager
Council prior to the issue of a Construction Certificate.
(23) EXISTING TIMBER WINDOWS
(a)
The condition of existing timber windows are to be further investigated
by the heritage consultant for the project.
(b)
Wherever possible, existing timber joinery or components of the joinery
should be retained and repaired. Reconstruction or replacement of the
windows is adopted only when the existing windows are beyond repair.
(c)
Where windows are to be replaced, only like-for-like replacement is
permissible and no alterations to existing joinery configuration is
approved. Where existing openings have been modified, original
joinery configuration is to be reinstated.
(d)
Notwithstanding (c) above, window joinery on the ground floor (both
Kippax and Lacey Streets) is to be configured in accordance with the
approved plans.
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(24) RETENTION AND SALVAGE OF FIRE DOORS
(a)
All the sliding fire doors dating from 1923 and between the 1912 and
1923 buildings are to be retained in-situ or salvaged in the adaptive
reuse.
(b)
Savaged fire doors may be displayed in a communal area as part of
heritage interpretation.
(25) GENERAL HERITAGE
(a)
The proposed works are to be carried out in a manner that minimises
demolition, alterations and new penetrations/fixings to the significant
fabric of the existing building which is listed as a Heritage Item.
(b)
New services are to be surface mounted rather than chased-in to
existing walls to minimise impact on heritage fabric.
(c)
Appropriately qualified tradespersons (as appropriate) are to be
commissioned who are skilled in traditional building and engineering
trades to carry out the proposed scope of conservation works.
(d)
The face brickwork/sandstone must not be rendered, painted or coated.
(e)
Where internal partitions meet external walls they must abut window
mullions, columns or other such building elements and not glazing.
(26) HERITAGE INTERPRETATION STRATEGY
(a)
An interpretation strategy for the heritage building must be submitted to
and approved by Council prior to a Construction Certificate being
issued.
(b)
The interpretation strategy must detail how information on the history
and significance of the site and building will be provided for the public
and make recommendations regarding public accessibility, signage and
lighting. Public art, details of the heritage design, the display of
selected artefacts are some of the means that can be used.
(c)
Prior to an occupation certificate being issued the approved
interpretation strategy must be implemented to the satisfaction of
Council’s Area Planning Manager.
(27) HISTORIC MARKER
A brass plaque relating to the history of the site must be installed on the
facade of the building prior to occupation. The design, location and wording
must be submitted for the approval of Council’s Area Planning Manager prior
to an Occupation Certificate being issued.
(28) MATERIALS
New materials for making good, are to match the original materials in terms
of colours, finishes, sizes, profile and materials.
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(29) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION (MINOR WORKS)
Prior to a Construction Certificate being issued, an archival photographic
recording of the existing building is to be prepared to Council's satisfaction.
The recording may be in either digital or film-based form, or a combination of
both, prepared in accordance with the NSW Heritage Office guidelines titled
"Photographic Recording of Heritage Items using Film or Digital Capture".
One copy of the record is to be submitted to Council to be lodged with
Council's Archives.
The form of the recording is to be as follows:
(a)
In A4 format, placed in archival plastic sleeves in an appropriate
archival folder.
(b)
The Development Application number must be noted on the front of the
folder and in the report.
(c)
Include a summary report detailing the project description, date and
authorship of the photographic record, method of documentation and
limitations of the photographic record.
(d)
Each negative, slide or digital image is to be cross referenced to a
photographic catalogue and photographic base plans.
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive licence to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
A digital based recording is to include:
(f)
CD or DVD containing the report in PDF format and the electronic
images saved as JPEG, TIFF or PDF files and cross referenced to the
digital catalogue sheets and base plans.
A film based recording is to include:
(g)
35mm film images submitted as contact sheets with equivalent
negatives, a selection of black and white prints 200 x 250mm, and
35mm colour transparencies, all labelled and cross-referenced to the
catalogue sheets and base plans.
(30) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(a)
Should any historical relics be unexpectedly discovered on the site
during excavation, all excavation or disturbance to the area is to stop
immediately and the Heritage Council of NSW should be informed in
accordance with section 146 of the Heritage Act 1977.
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(b)
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Should any Aboriginal relics be unexpectedly discovered then all
excavation or disturbance of the area is to stop immediately and the
Department of Environment and Climate Change is to be informed in
accordance with Section 91 of the National Parks and Wildlife Act,
1974.
(31) RESTRICTION ON RESIDENTIAL DEVELOPMENT
The following restriction applies to buildings approved for residential use:
(a)
The accommodation portion of the building (levels 1 to 6) must be used
as permanent residential accommodation only and not for the purpose
of a hotel, motel, serviced apartments, private hotel, boarding house,
tourist accommodation or the like, other than in accordance with the
Sydney Local Environmental Plan 2012.
(b)
A restrictive covenant is to be registered on the title of the development
site in the above terms and restricting any change of use of those
levels from a residential flat building as defined in the Sydney Local
Environmental Plan 2012. The covenant is to be registered on title prior
to an Occupation Certificate being issued or the use commencing,
whichever is earlier, to the satisfaction of the Council. All costs of the
preparation and registration of all associated documentation are to be
borne by the applicant.
(c)
No more than two adult people shall occupy any bedroom and no
bedroom shall contain more than two beds. This excludes children and
children’s beds, cots or bassinets.
(d)
The total number of adults residing in one unit shall not exceed twice
the number of approved bedrooms.
(e)
If a unit contains tenants, it must be subject to a residential tenancy
agreement for a term of at least three months.
(f)
An owner, tenant or Owners Corporation shall not permit a Building
Manager or agent to advertise or organise for short term
accommodation or share accommodation in the building.
(g)
Car parking spaces may only be used for parking of vehicles related to
residence in the unit with which the space is associated. No storage
should take place for commercial businesses in car parking spaces.
(32) RESIDENT STORAGE
(a)
Each unit is to be allocated to one of the storage spaces located either
on level P4 and P3 (117 Kippax) or one of the spaces located on the
lower ground floor (119-127 Kippax) and reflected on the strata plans
and on title.
(b)
The storage area is to be large enough to accommodate a bicycle and
is to be no smaller than a Class 1 bicycle locker.
(c)
All storage areas are to be accessible from common property and this
is to be reflected on the strata plans.
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(33) CAR PARKING ALLOCATION FOR 119-127 KIPPAX STREET
(a)
A maximum 46 spaces are to be provided. Car parking shall be
provided in accordance with the maximum allocation as set out below:
(i)
30 residential spaces, including 10 accessible spaces;
(ii)
6 residential visitor spaces, including 1 accessible space;
(iii)
8 retail / commercial spaces (associated with 119-127 Kippax
Street), including any required accessible spaces for those uses;
and
(iv)
2 car share spaces.
(b)
In addition to the allocation in (a) above, 4 service vehicle spaces are
to be provided for the use of residents and commercial/retail tenants.
(c)
Any strata subdivision of the building must comply with this allocation
with all the spaces allocated as common property except for those in
(a) (i) and (iii) above.
(d)
The 40 residual parking spaces in the basement levels of 117 Kippax
Street are to be maintained for the exclusive use of tenants of 117
Kippax Street in accordance with the requirements of DA 338/68 (also
referenced as Town Clerk’s file 1520/68 and BA 1525/71). No public
parking is permitted and public parking must cease on the site prior to
the issue of any occupation certificate.
(34) MOTORCYCLES
Motorcycle parking is to be provided in accordance with the approved plans
(8 spaces). The spaces are to be allocated across resident, retail/commercial
and visitor uses.
(35) CAR SHARE SPACES
(a)
Two (2) car parking spaces for the exclusive use of car share scheme
vehicles are to be provided.
(b)
The spaces must be retained as common property of the Owners
Corporation of the site, and not sold or leased to an individual
owner/occupier at any time.
(c)
The space must be made available to a car share operator without a
fee or charge.
(d)
The space must be sign posted for use only by car share vehicles and
well lit.
(e)
The spaces must be accessible to residents at all times.
(f)
The car share space is to be available at the same time that the other
car parking is available.
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(36) ALLOCATION FOR CAR WASH BAY
The car wash bay must not at any time be allocated, sold or leased to an
individual owner/occupier and must be strictly retained as common property
by the Owners Corporation for use by all tenants.
(37) ALLOCATION FOR VISITOR PARKING
Visitor parking spaces must not at any time be allocated, sold or leased to an
individual owner/occupier and must be strictly retained as common property
by the Owners Corporation for use by building visitors.
All spaces must be clearly marked ‘visitor’ prior to the issue of an occupation
certificate or the use commencing, whichever is earlier. All signs must be
maintained in good order at all times.
(38) ALLOCATION OF ACCESSIBLE CAR PARKING SPACES
For residential development, accessible car parking spaces for people with
mobility impairment are only to be allocated as visitor parking or to adaptable
units. Where allocated to adaptable units, the unit(s) and car spaces must
be assigned to the unit in any future strata subdivision of the building. The
area adjoining accessible car parking spaces are to be designated common
property and reflected in the strata subdivision.
(39) STRATA LOTS FOR RESIDENTIAL DEVELOPMENT
The provision of separate strata lots for car parking spaces under the Strata
Schemes (Freehold Development) 1973 is not permitted.
(40) RESTRICTION ON USE OF CAR SPACES
The following conditions apply to car parking:
(a)
The on-site car parking spaces, exclusive of service and visitor spaces,
are not to be used other than by an occupant, tenant or resident of the
subject building.
(b)
Prior to an Occupation Certificate being issued, a documentary
restrictive covenant, is to be registered on the Title of the development
site pursuant to section 88E of the Conveyancing Act 1919, to the
effect of (a) above. The covenant is to be created appurtenant to
Council, at no cost to and to the satisfaction of Council.
(c)
Any future strata subdivision of the site is to include a restriction on
User pursuant to section 39 of the Strata Titles (Freehold
Development) Act, 1973, as amended, burdening all utility car parking
allotments in the Strata Plan and/or an appropriate restrictive covenant
pursuant to section 88B of the Conveyancing Act 1919 burdening all
car parking part - lots in the strata scheme.
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11093004
SUB-COMMITTEE
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(41) WASTE STORAGE
(a)
All waste is to be stored on the site at all times and must be collected
from the on-site waste storage / bin-holding areas. Waste is not to be
stored on a public place.
(b)
Commercial and residential waste areas are to remain separate and
commercial tenancies are not permitted to use the residential waste
areas.
(c)
An access key for residential waste collection is to be provided to
Council.
(42) LOADING AND SERVICING AREA – RETAIL/COMMERCIAL AND
RESIDENTIAL USE
(a)
All loading, unloading, deliveries and servicing (including waste
collection of the lower level non-residential tenancies) must be carried
out within the confines of the site in the loading area accessed from
Waterloo Street. Loading for 117 Kippax Street must be carried out in
the on-site loading area for that building. These activities must not
obstruct other properties/units or the public way.
(b)
At all times the service vehicle docks, car parking spaces and access
driveways must be kept clear of goods and must not be used for
storage purposes, including garbage storage.
(c)
The loading area must also be available to and is to be utilised by
residents for removal, delivery and service vehicles associated with the
residential use.
(d)
A loading dock / removal truck management plan is to be prepared by
the building owner setting out access arrangements including access
arrangements for residents. The plan is also to address the
coordination of deliveries. The building owner must distribute a copy of
the plan to all intending owners, tenants and occupiers and provide a
copy, or access to a copy, at the time of entering into a purchase /
lease / occupancy agreement.
(e)
Any strata subdivision is to reflect that the use of the loading area is for
all building occupants.
(43) INTERCOM FOR VISITORS
Where a boom gate or barrier control is in place, the visitor spaces must be
accessible to visitors by the location of an intercom (or card controller
system) at the car park entry and at least 4m clear of the property boundary,
wired to all units. The intercom must comply with Australian Standard AS
1428.2-1992: Design for access and mobility - Enhance and additional
requirements - Building and facilities Sections 22 and 23.
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SUB-COMMITTEE
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(44) COST OF SIGNPOSTING
All costs associated with signposting for any kerbside parking restrictions and
traffic management measures associated with the development shall be
borne by the developer.
(45) ASSOCIATED ROADWAY COSTS
All costs associated with the construction of any new road works including
kerb and gutter, road pavement, drainage system and footway shall be borne
by the developer. The new road works must be designed and constructed in
accordance with the City’s “Sydney Streets Technical Specification” including
amendments and “Sydney Streets Design Code”.
(46) BICYCLE PARKING AND END OF TRIP FACILITIES
(a)
The minimum number of bicycle parking spaces and end of trip
facilities to be provided for the development must comply with the table
below.
Bicycle Parking Type
Residential
Number Requirements
45
Spaces must be a class
bicycle locker or Class
bicycle facilities
Residential visitor
5
Spaces must be Class
bicycle rails
Non-residential
6
bicycle facilities
Non-residential visitor 11
bicycle rails
End of Trip Facility Number
Type
Showers with change 1
area
Personal lockers
6
1
2
3
2
3
Notes:
(i)
(b)
If a basement storage area on title that is large enough to store a
bike and is no smaller than a class 1 bike locker this can be
counted as a space.
The layout, design and security of bicycle facilities must comply with
the minimum requirements of Australian Standard AS 2890.3 Parking
Facilities Part 3: Bicycle Parking Facilities. The details must be
submitted to and approved by the Principle Certifying Authority
confirming prior to the Construction Certificate being issued.
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11093004
SUB-COMMITTEE
12 MAY 2015
(47) CHANGES TO KERB SIDE PARKING RESTRICTIONS
A separate submission must be made to the Local Pedestrian, Cycling and
Traffic Calming Committee via the City Infrastructure and Traffic Operations
Unit seeking the City’s approval for any changes to kerb side parking
arrangements. There is no guarantee kerb side parking will be changed, or
that any change will remain in place for the duration of the development use.
The submission must include two plans. One showing the existing kerb side
parking restriction signs and stems, the second showing the proposed kerb
side parking restriction signs and stems. Both plans must include chainages
to all signs and stems from the kerb line of the nearest intersection.
All costs associated with the parking proposal will be borne by the developer.
Note: As parking in the LGA is at a premium, it is recommended that the
applicant should approach the Area Traffic Engineer to discuss the proposal
before making a submission.
(48) PARKING DESIGN
The design, layout, signage, line marking, lighting and physical controls of all
off-street parking facilities must comply with the minimum requirements of
Australian Standard AS/NZS 2890.1 Parking facilities Part 1: Off-street car
parking, AS/NZS 2890.2 Parking facilities Part 2: Off-commercial vehicle
facilities and AS/NZS 2890.6 Parking facilities Part 6: Off-street parking for
people with disabilities. The details must be submitted to and approved by
the Principal Certifying Authority prior to a Construction Certificate being
issued.
(49) SMALL CAR PARKING SPACES AND DIMENSIONS
The design and layout of all off-street small car parking spaces must comply
with the minimum requirements of Australian Standard AS/NZS 2890.1 2004 Parking facilities Part 1: Off-street car parking and Council’s
Development Control Plan. The details must be submitted to and approved
by the Principal Certifying Authority prior to a Construction Certificate being
issued.
All small car spaces must be clearly marked and identifiable as small car
spaces. The signs or line markings must be in place and approved by the
Principal Certifying Authority prior to an Occupation Certificate being issued
and must be maintained in good order at all times.
(50) VEHICLE ACCESS AND EGRESS
Vehicles are to enter and exit the site in a forward direction only. Vehicles are
not to reverse into or out of the site.
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11093004
SUB-COMMITTEE
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(51) PARKING ON COMMON PROPERTY AREAS
No part of the common property, apart from the visitor vehicle spaces which
are to be used only by visitors to the building, and service vehicle spaces
which are to be used only by service vehicles, is to be used for the parking or
storage of vehicles or boats. The strata subdivision of the building is to
include an appropriate documentary restriction pursuant to Section 88B of
the Conveyancing Act 1919, so burdening common property, with the
Council being the authority to release, vary or modify the restriction.
(52) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT
SCHEME - APPLICATION OF CITY OF SYDNEY PARKING POLICY
All owners, tenants and occupiers of this building are advised that it is the
Policy of Council that they are not eligible to participate in any existing or
proposed Council on-street resident parking schemes. The owner of the
dwelling must advise all intending owners, tenants and occupiers of the
dwelling of this prohibition in writing at the time of entering into a purchase /
lease / occupancy agreement.
(53) SIGNAGE TO INDICATE NON PARTICIPATION IN RESIDENT PARKING
PERMIT SCHEME
Signs reading ‘all owners, tenants and occupiers of this building are advised
that they are not eligible to obtain an on-street resident parking permit from
Council’ must be permanently displayed and located in prominent places
such as at display apartments and on all directory boards or notice boards,
where they can easily be observed and read by people entering the building.
The signs must be erected prior to an Occupation Certificate being issued
and must be maintained in good order at all times by the Owners of the
building.
(54) SIGNS AT EGRESS
The following signs must be provided and maintained within the site at the
point(s) of vehicle egress:
(a)
Compelling drivers to stop before proceeding onto the public way
(b)
Compelling drivers to "Give Way to Pedestrians" before crossing the
footway; or compelling drivers to "Give Way to Pedestrians and
Bicycles" before crossing a footway on an existing or identified shared
path route.
(55) TRAFFIC WORKS
Any proposals for alterations to the public road, involving traffic and parking
arrangements, must be designed in accordance with RMS Technical
Directives and must be referred to and agreed to by the Local Pedestrian,
Cycling and Traffic Calming Committee prior to any work commencing on
site.
SURRY HILLS
11093004
SUB-COMMITTEE
12 MAY 2015
(56) CAR PARK VENTILATION
The car park must be ventilated in accordance with the Building Code of
Australia and, where necessary, Australian Standard AS1668, Parts 1 and 2.
Ventilation must be controlled by carbon monoxide monitoring sensors to
ensure compliance with occupant health requirements.
(57) EMISSIONS
(a)
The use of the premises must not give rise to the emission of gases,
vapours, dusts or other impurities which are a nuisance, injurious or
prejudicial to health.
(b)
Gaseous emissions from the development must comply with the
requirements of the Protection of the Environment Operations Act,
1997 and Regulations.
(58) CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN PRIOR TO
COMMENCEMENT OF WORKS
Prior to the commencement of any demolition and remedial works an
Environmental Management Plan (EMP) must be prepared for the site and
submitted to the City’s Area Planning Manager for written approval prior to
the commencement of work. The EMP must consider all potential
environmental impacts from the approved works including but not limited to
sedimentation control, contamination containment, stockpiles, noise and
vibration, odours and dust emissions.
All works must be undertaken onsite in accordance with the approved
Construction Environmental Management Plan.
(59) LAND REMEDIATION
(a)
Any new information which comes to light during remediation,
demolition or construction works which has the potential to alter
previous conclusions about land contamination then an assessment is
to be conducted by a suitably qualified Environmental Consultant.
(b)
An assessment is to be done by the suitably qualified Environmental
consultant if any soils are exposed south of the ‘Booster Pumps’ room
as indicated on plan titled drawing DA-105 (‘Lower Ground’ plan)
prepared by BKH and dated 16 March 2015.
(c)
Should soils be required to be remediated a Remedial Action Plan must
be produced by a suitably qualified Environmental Consultant and
submitted to the Council’s Area Planning Manager for written approval.
The site is to be remediated in accordance with the recommendations
set out within the council approved Remedial Action Plan.
(d)
Prior to Occupation Certificate, a site validation report must be
submitted to the City’s Area Planning Manager for written approval
confirming the site has been remediated in accordance with the
approved Remediation Action Plan and that the site is suitable for the
approved land use.
SURRY HILLS
11093004
SUB-COMMITTEE
12 MAY 2015
(60) HAZARDOUS MATERIALS SURVEY REQUIRED
A complete Hazardous Materials Survey Report is to be prepared by a
certified occupational hygienist (Australian Institute of Occupational
Hygienists) and submitted to the satisfaction of the City’s Area Planning
Manager prior to any demolition work commencing at the site. The report is
to identify and record the type, location and extent of any hazardous
materials on the site and make recommendations as to their safe
management and/or removal to ensure the site is made safe for demolition,
construction and future use/occupation.
(61) COMPLIANCE WITH HAZARDOUS MATERIALS SURVEY REPORT
All of the recommendations for management and/or removal of hazardous
materials on the site, as outlined in the Hazardous Materials Assessment
Report approved by the City’s Area Planning Manager are to be complied
with.
Prior to an Occupation Certificate, certification must be submitted to the
Certifying Authority from a certified occupational hygienist (Australian
Institute of Occupational Hygienists) confirming that all hazardous materials
identified have been contained, managed or removed in accordance with the
recommendations given in the Hazardous Material Survey Report approved
by the City and that the site is safe for future occupation in accordance with
the approved use.
(62) ENVIRONMENTAL MANAGEMENT PLAN
Should any hazardous materials remain on site or should any soils that are
contaminated remain onsite then prior to occupation of the site an
Environmental Management Plan (EMP) must be prepared for the site. The
EMP submitted to the City’s Area Planning Manager for written approval prior
to occupation.
All ongoing or future works must be undertaken onsite in accordance with the
approved Environmental Management Plan.
(63) NOISE - GENERAL
(a)
The emission of noise associated with the use of the premises
including the cumulative operation of any mechanical plant and
equipment, and air conditioning shall comply with the following:
(i)
The LAeq, 15 minute noise level emitted from the use must not exceed
the project specific noise level for that receiver as determined in
accordance with the NSW EPA Industrial Noise Policy. Noise
must be measured in accordance with the Industrial Noise Policy
and relevant requirements of Australian Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
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11093004
SUB-COMMITTEE
(b)
12 MAY 2015
(ii)
Project specific noise levels shall be determined by establishing
the existing environmental noise levels, in complete accordance
with the assessment LA90, 15 minute / rating LA90, 15 minute process to be
in accordance with the requirements for noise monitoring listed in
the NSW EPA Industrial Noise Policy and relevant requirements
of Australian Standard AS1055-1997 Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(iii)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable.
An LAeq,15 minute noise level emitted from the use must not exceed the
LA90, 15 minute noise level by more than 3dB in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any
habitable room of any affected residence or noise sensitive commercial
premises provided that;
(i)
Where the LA90, 15 minute noise level is below the threshold of
hearing, Tf at any Octave Band Centre Frequency as defined in
Table 1 of International Standard ISO 226 : 2003- Normal EqualLoudness-Level Contours then the value of Tf corresponding to
that Octave Band Centre Frequency shall be used instead.
(ii)
The LAeq,15 minute noise level and the LA90,15 minute noise level shall
both be measured with all external doors and windows of the
affected residence closed;
(iii)
The relevant background noise level (LA90, 15 minute) is taken to
mean the day, evening or night rating background noise level
determined in complete accordance with the methodology
outlined in the NSW EPA Industrial Noise Policy and Australian
Standard AS1055.1997 Acoustics – Description and
measurement of environmental noise.
(iv)
Background noise shall be established in the absence of all noise
emitted from the use but with the ventilation equipment normally
servicing the affected residence operating. Background noise
measurements are to be representative of the environmental
noise levels at the affected location.
(v)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable. Internal Noise measurements are not to be
corrected for duration.
(64) NOISE - COMMON AREAS
Noise from persons occupying common areas shall be compliant with the
following:
SURRY HILLS
11093004
SUB-COMMITTEE
12 MAY 2015
(a)
The LA10, 15 minute noise level emitted from the use must not exceed the
background noise level (LA90, 15minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the
hours of 7.00am and 12.00 midnight when assessed at the boundary of
any affected residence.
(b)
background noise level (LA90, 15 minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00
midnight and 7.00am when assessed at the boundary of any affected
residence.
(c)
Notwithstanding compliance with (a) and (b) above, noise from the use
when assessed as an LA10, 15 minute enters any residential use through an
internal to internal transmission path is not to exceed the existing
internal LA10, 15 minute (from external sources excluding the use) in any
Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when
assessed within a habitable room at any affected residential use
between the hours of 7am and 12midnight. Where the LA10, 15 minute
noise level is below the threshold of hearing, Tf at any Octave Band
Centre Frequency as defined in Table 1 of International Standard ISO
226 : 2003- Normal Equal-Loudness-Level Contours then the value of
Tf corresponding to that Octave Band Centre Frequency shall be used
instead.
(d)
Notwithstanding compliance with (a), (b) and (c) above, the noise from
the use must not be audible within any habitable room in any
residential use between the hours of 12.00 midnight and 7.00am.
(e)
background noise level (LA90, 15 minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) by more than 3dB when
assessed indoors at any affected commercial premises.
(f)
Amplified sound equipment must not be provided on the roof top level.
Note: The LA10, 15 minute noise level emitted from the use is as per the definition
in the Australian Standard AS1055-1997 Acoustics – Description and
measurement of environmental noise. The background noise level LA90, 15
minute is to be determined in the absence of noise emitted by the use and be
representative of the noise sensitive receiver. It is to be determined from the
assessment LA90 / rating LA90 methodology in complete accordance with the
process listed in the NSW EPA Industrial Noise Policy and relevant
requirements of AS1055.1997.
SURRY HILLS
11093004
SUB-COMMITTEE
(65) COMPLIANCE
WITH
THE
ACOUSTIC
REPORT
CONSTRUCTION AND OR OCCUPATION CERTIFICATES
12 MAY 2015
PRIOR
TO
(a)
All performance parameters, requirements, engineering assumptions
and recommendations contained in the acoustic report prepared by
Acoustic Logic, dated 3/11/2014, ref 20140998.1/2108A/R1/BW, titled
DA Noise Impact Acoustics Assessment, Council Ref 2014/501765
must be implemented as part of the detailed design assessment and
implemented into the design drawings in accordance with the
requirements of (b) and (c) below and to the satisfaction of the
certifying authority.
(b)
Prior to the issue of a Construction Certificate, the construction
drawings and construction methodology must be assessed and
certified by a suitably qualified acoustic consultant* (see definition
below) to be in accordance with the requirements of the DA acoustic
report set out below. Specifically, the consultant will prepare a written
Acoustic Certification Report with reference to drawings, to the
satisfaction of the Principal Certifying Authority which addresses the
following requirements:
(i)
All recommendations as specified in Parts 4.2 of the Acoustic
Logic Assessment ref 20140998.1/2108A/R1/BW
(ii)
All proposed plant shall be assessed with reference to
compliance with condition; NOISE – GENERAL of this
development consent. Note, Tables 6 & 7 of Acoustic Logic
Assessment ref 20140998.1/2108A/R1/BW may not provide
correct criteria.
All plant shall be satisfactorily attenuated to levels complying with
noise emission criteria as determined by compliance with
condition NOISE – GENERAL through appropriate location and
(if necessary) standard acoustic treatments such as noise
screens, enclosures, in-duct treatments (silencers/lined ducting)
or similar.
(c)
Prior to the issue of an Occupation Certificate, a suitably qualified
acoustic consultant is to provide a written Acoustic Verification Report
to the satisfaction of the Principle Certifying Authority that the
development complies with the requirements set out in (a) and (b)
above.
Note: Suitably qualified Acoustic Consultant means a consultant who
possesses the qualifications to render them eligible for membership of
the Australian Acoustics Society, Institution of Engineers Australia or
the Association of Australian Acoustic Consultants at the grade of
member.
SURRY HILLS
11093004
SUB-COMMITTEE
12 MAY 2015
(66) NO SPEAKERS OR MUSIC OUTSIDE
Speakers must not be installed and music must not be played in any of the
outdoor areas associated with the premises including the public domain.
Speakers located within the premises must not be placed so as to direct the
playing of music towards the outdoor areas associated with the premises.
(67) REMOVAL OF GRAFFITI
The owner/manager of the site must be responsible for the removal of all
graffiti from the building within 48 hours of its application.
(68) CARE OF BUILDING SURROUNDS
In addition to Council’s daily street sweeping and cleansing operations, the
owner/manager of the building must ensure that the forecourt and the
surrounds of the building including pavements and gutters are to be kept
clean and free of litter at all times.
(69) SECTION 94 EASTERN PRECINCT CITY OF SYDNEY DEVELOPMENT
CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional
demand for public amenities and facilities. Pursuant to Section 94 of the
Environmental Planning and Assessment Act, 1979 (as amended), and City
of Sydney Section 94 Contributions Development Contributions Plan 2006
the following monetary contributions towards the cost of providing facilities
and amenities are required.
Contribution Category
Amount
Community Facilities
$34,788.30
Public Domain
$67,075.33
New Open Space
$547,748.24
Accessibility
$5,505.29
Management
$5,952.49
Total
$659,069.65
The above payments will be adjusted according to the relative change in the
Consumer Price Index using the following formula.
SURRY HILLS
11093004
SUB-COMMITTEE
12 MAY 2015
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C
is the original contribution amount as shown above;
CPI2
is the Consumer Price Index: All Groups Index for Sydney
available from the Australian Bureau of statistics at the time of
payment; and
CPI1
is the Consumer Price Index: All Groups Index for Sydney
available from the Australian Bureau of Statistics at the date of
calculation being – 106.8.
The contribution must be paid prior to issue of a Construction Certificate.
Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE
made payable to the City of Sydney. Personal or company cheques will not
be accepted.
Please contact Council’s Planning Administration staff at
[email protected] to confirm the
amount payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan
2006 may be inspected at Council's offices.
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be
forwarded to the certifying authority (whether Council or a private accredited certifier)
illustrating compliance with the relevant requirements of the Building Code of Australia
(and a copy forwarded to Council where Council is not the certifying authority). If Council
is to be the certifying authority, please contact the Building Unit to discuss the
requirements prior to submission of the application for construction certificate.
(70) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved
by Council’s Area Planning Manager prior to a Construction Certificate being
issued.
(71) ROAD OPENING PERMIT
A separate Road Opening Permit under Section 138 of the Roads Act 1993
must be obtained from Council prior to the commencement of any:
(a)
Excavation in or disturbance of a public way, or
(b)
Excavation on land that, if shoring were not provided, may disturb the
surface of a public road (including footpath).
SURRY HILLS
11093004
SUB-COMMITTEE
(72) DEMOLITION, EXCAVATION AND
VIBRATION MANAGEMENT PLAN
12 MAY 2015
CONSTRUCTION
NOISE
AND
A site specific noise management plan shall be submitted to and approved
by Council’s Area Planning Manager prior to issue of any Construction
Certificate.
The Plan must be prepared by a suitably qualified person who possesses the
qualifications to render them eligible for membership of the Australian
Acoustic Society, Institution of Engineers Australia or the Australian
Association of Acoustic Consultants.
The plan must include but not be limited to the following:(a)
identification of noise sensitive receivers near to the site.
(b)
A prediction as to the level of noise impact likely to affect the nearest
noise sensitive receivers from the use and proposed number of high
noise intrusive appliances intended to be operated onsite. A statement
should also be submitted outlining whether or not predicted noise levels
will comply with the noise criteria stated within the City of Sydney
Construction Hours /Noise Code of Practice 1992 for the typical
construction hours of 07.00am to 7.00pm. Where resultant site noise
levels are likely to be in exceedance of this noise criteria then a
suitable proposal must be given as to the duration and frequency of
respite periods that will be afforded to the occupiers of neighbouring
property.
(c)
A representative background noise measurement (LA90, 15 minute) should
be submitted, assessed in the vicinity of any potentially affected
receiver locations and measured in accordance with AS 1055:1.2.1997.
(d)
Confirmation of the level of community consultation that has/is and will
be undertaken with Building Managers/ occupiers of the main adjoining
noise sensitive properties likely to be most affected by site works and
the operation of plant/machinery particularly during the demolition and
excavation phases.
(e)
Confirmation of noise monitoring methodology that is to be undertaken
during the main stages of work at neighbouring noise sensitive
properties in order to keep complaints to a minimum and to ensure that
noise from site works complies with the noise criteria contained within
City's Construction Noise Code.
(f)
What course of action will be undertaken following receipt of a
complaint concerning offensive noise.
(g)
Details of any noise mitigation measures that have been outlined by an
acoustic consultant or otherwise that will be deployed on site to reduce
noise impacts on the occupiers of neighbouring noise sensitive
property to a minimum.
SURRY HILLS
11093004
SUB-COMMITTEE
(h)
12 MAY 2015
What plant and equipment is to be used on site, the level of sound
mitigation measures to be undertaken in each case and the criteria
adopted in their selection taking into account the likely noise impacts
on the occupiers of neighbouring property and other less intrusive
technologies available.
(73) COMPLIANCE WITH DEMOLITION, EXCAVATION & CONSTRUCTION
NOISE AND VIBRATION MANAGEMENT PLAN
(a)
All works conducted on site which form part of this development must
be carried out in accordance with the submitted and council approved
Demolition, Excavation and Construction Management Plan.
(b)
Where all such control measures have been implemented and the
resultant noise and/ or vibration levels at any sensitive receiver still
exceed the council’s applicable criteria stated in the Construction
Hours/Noise Code 1992 and are giving rise to sustained complaints
then the contractor must provide regular, appropriate and sustained
periods of respite in consultation with Council’s Health and Building
unit. Approval to vary the authorised noise and vibration levels must be
received in writing by the proponent from Council prior to activities
being undertaken that exceed sanctioned emission levels. (Use where
respite periods not specified under the approved DEC NMP)
Such periods must be set and agreed to by Council’s Health and
Building Unit.
(74) MECHANICAL VENTILATION
(a)
The premises must be ventilated in accordance with the Building Code
of Australia and AS1668.1 and AS1668.2.
(b)
Details of any mechanical ventilation and/or air conditioning system
complying with AS1668.1 and AS1668.2, the Building Code of Australia
and relevant Australian Standards must be prepared by a suitably
qualified person certified and certified in accordance with Clause
A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the
Certifying Authority prior to the issue of a Construction Certificate.
(c)
Prior to issue of an Occupation Certificate and following the completion,
installation, and testing of all the mechanical ventilation systems, a
Mechanical Ventilation Certificate of Completion and Performance in
accordance with Clause A2.2(a)(iii) of the Building Code of Australia,
must be submitted to the Principal Certifying Authority.
(75) MICROBIAL CONTROL IN WATER SYSTEMS
(a)
Prior to the issue of a Construction Certificate detailed plans of any
water cooling system (including cooling towers) as defined under the
Public Health Act 2010 must be prepared by a suitably qualified person
and certified in accordance with AS3666: 1: 2011 Air handling and
water systems of buildings – Microbial Control – Design, installation
and commissioning and must be submitted to and approved by
Council.
SURRY HILLS
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SUB-COMMITTEE
12 MAY 2015
(b)
Water cooling system operation and maintenance manuals and
maintenance service records shall be readily available at the premises
for inspection by an authorised officer upon request. Such records
must be kept on the premises in accordance with Clause 2.6 to
AS/NZS 3666:2:2011 Air handling and water systems of buildings –
Microbial control, operation and maintenance.
(c)
The installation, operation and maintenance of warm water systems
and water cooling systems (as defined under the Public Health Act
2010) must comply with the following:
(i)
Public Health Act 2010, Public Health Regulation 2012 and Parts
1 and 2 (or part 3 if a Performance-based water cooling system)
of AS3666:2011 Air handling and water systems of buildings –
Microbial Control and the NSW Health Code of Practice for the
Control of Legionnaires Disease.
(ii)
Prior to the issue of an Occupation Certificate or if non
applicable, prior to commencement of the use, the owner or
occupier of the premises at which any warm water system and/or
water cooling system is installed must cause notice of such
installation(s) by providing to Council’s Environmental Health
department, written notification by way of the prescribed form
under Clause 12 to the Public Health Regulation 2012. Any
changes to these particulars must be notified to Council’s
Environmental Health department in writing within 7 days of the
change(s). Copies of the notification forms are available on the
City of Sydney website.
(76) HAZARDOUS AND INDUSTRIAL WASTE
Hazardous and/or industrial waste arising from the demolition/operational
activities must be removed and/or transported in accordance with the
requirements of the NSW Work Cover Authority pursuant to the provisions of
the following:
(a)
Protection of the Environment Operations Act 1997
(b)
Protection of the Environment Operations (Waste) Regulation 2005
(c)
Waste Avoidance and Resource Recovery Act 2001
(d)
Work Health and Safety Act 2011
(e)
Work Health and Safety Regulation 2011.
(77) ASBESTOS REMOVAL WORKS
(a)
All works removing asbestos containing materials must be carried out
by a suitably licensed asbestos removalist duly licensed with
WorkCover NSW, holding either a Friable (Class A) or a Non- Friable
(Class B) Asbestos Removal Licence which ever applies.
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(b)
Five days prior to the commencement of licensed asbestos removal,
WorkCover must be formally notified of the works. All adjoining
properties and those opposite the development must be notified in
writing of the dates and times when asbestos removal is to be
conducted. The notification is to identify the licensed asbestos removal
contractor and include a contact person for the site together with
telephone number and email address.
(c)
All works must be carried out in accordance with the Work Health and
Safety Regulation 2011 and the NSW Government and WorkCover
document entitled How to manage and control asbestos in the work
place: Code of Practice (NSW WorkCover) and the City of Sydney
Managing Asbestos Policy.
(d)
The asbestos removalist must use signs and barricades to clearly
indicate the area where the asbestos removal work is being performed.
Signs must be placed in positions so that people are aware of where
the asbestos removal work area is and should remain in place until
removal is completed and clearance to reoccupy has been granted.
Responsibilities for the security and safety of the asbestos removal site
and removal work area should be specified in the asbestos removal
control plan (where required). This includes inaccessible areas that are
likely to contain asbestos.
(e)
Warning signs must be placed so they inform all people nearby that
asbestos removal work is taking place in the area. Signs should be
placed at all of the main entry points to the asbestos removal work area
where asbestos is present. These signs should be weatherproof,
constructed of light-weight material and adequately secured so they
remain in prominent locations. The signs should be in accordance with
AS 1319-1994 Safety signs for the occupational environment for size,
illumination, location and maintenance.
(f)
Asbestos to be disposed of must only be transported to waste facilities
licensed to accept asbestos. The names and location of these facilities
are listed in Appendix F of the City of Sydney’s Managing Asbestos
Guidelines.
(g)
No asbestos products are to be reused on the site (i.e. packing pieces,
spacers, formwork or fill etc).
(h)
No asbestos laden skips or bins are to be left in any public place
without the approval of Council.
(i)
A site notice board must be located at the main entrance to the site in a
prominent position and must have minimum dimensions of 841mm x
594mm (A1) with any text on the notice to be a minimum of 30 point
type size.
The site notice board must include the following:
(i)
contact person for the site;
(ii)
telephone and facsimile numbers and email address; and
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(iii)
12 MAY 2015
site activities and time frames.
(78) IMPORTED FILL MATERIALS
All fill imported onto the site shall be validated to ensure the imported fill is
suitable for the proposed land use from a contamination perspective. Fill
imported on to the site shall also be compatible with the existing soil
characteristic for site drainage purposes.
The City may require details of appropriate validation of imported fill material
to be submitted with any application for future development of the site. Hence
all fill imported onto the site should be validated by either one or both of the
following methods during remediation works:
(a)
Imported fill should be accompanied by documentation from the
supplier which certifies that the material is not contaminated based
upon analyses of the material for the known past history of the site
where the material is obtained; and/or
(b)
Sampling and analysis of the fill material shall be conducted in
accordance with NSW EPA (1995) Sampling Design Guidelines.
(79) CLASSIFICATION OF WASTE
Prior to the exportation of waste (including fill or soil) from the site, the waste
materials must be classified in accordance with the provisions of the
Protection of the Environment Operations Act 1997 and the NSW DECC
Waste Classification Guidelines, Part1: Classifying Waste (July 2009). The
classification of the material is essential to determine where the waste may
be legally taken. The Protection of the Environment Operations Act 1997
provides for the commission of an offence for both the waste owner and the
transporters if the waste is taken to a place that cannot lawfully be used as a
waste facility for the particular class of waste. For the transport and disposal
of industrial, hazardous or Group A liquid waste advice should be sought
from the EPA.
(80) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
The proposed work must comply with the Building Code of Australia (BCA).
(81) BCA COMPLIANCE - ALTERATIONS AND ADDITIONS - UPGRADE OF
BUILDING IS REQUIRED – BCA REPORT HAS BEEN PROVIDED (119123 KIPPAX STREET)
(a)
Pursuant to Clause 94 of the Environmental Planning and Assessment
Regulation 2000 an assessment of the development proposal has been
undertaken and as more than 50 per cent of the volume of the building
is proposed to be altered it has been determined that the whole of the
existing building comprising 119-123 Kippax Street must be brought
into conformity with the Building Code of Australia.
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(b)
12 MAY 2015
Prior to a Construction Certificate being issued the Certifying Authority
must ensure that the whole building is brought into conformity with the
Building Code of Australia by complying with Clause A0.4 of the BCA. If
compliance with the deemed-to-satisfy provisions of the BCA cannot be
achieved an alternative solution in accordance with Part A0 of the BCA
must be submitted to the Certifying Authority illustrating how the
relevant performance requirements of the BCA are to be satisfied. In
this regard particular attention is drawn to the recommendations
contained in the BCA Compliance Assessment Report No 5166-Rev00
by AE&D dated 04/09/14 and Fire Safety Engineering Synopsis by
Scientific Fire Services dated 18/09/14 submitted in support of this
application.
(82) BCA COMPLIANCE - ALTERATIONS AND ADDITIONS - UPGRADE OF
BUILDING IS REQUIRED – BCA REPORT HAS BEEN PROVIDED (117
KIPPAX STREET AKA 10-14 WATERLOO STREET)
(a)
Pursuant to Clause 94 of the Environmental Planning and Assessment
Regulation 2000, where existing fire safety measures within the
building parts (10-14 Waterloo Street) subject to this development
application are considered currently non-compliant to the Building Code
of Australia (BCA) these must be upgraded as necessary to the
satisfaction of the Principal Certifying Authority. Specific reference is
made to the fire safety deficiencies identified on pages 80-84 of BCA
Compliance Assessment Report No 5166-Rev00 by AE&D dated
04/09/14 for 10-14 Waterloo Street.
(b)
If compliance with the deemed-to-satisfy provisions of the BCA cannot
be achieved, an alternative building solution in accordance with Part A0
of the BCA must be prepared by a suitably qualified and accredited
person and be submitted to the Certifying Authority illustrating how the
relevant performance requirements of the BCA are to be satisfied.
(83) ALIGNMENT LEVELS – MAJOR DEVELOPMENT
(a)
Proposed building floor levels, basement levels, basement car park
entry levels and ground levels shown on the approved Development
Application plans are indicative only and have not been approved by
this consent.
(b)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, alignment levels for the
building and site frontages must be submitted to and approved by
Council. The submission must be prepared by a Registered Surveyor,
must be in accordance with the City of Sydney's Public Domain Manual
and must be submitted with a completed Alignment Levels checklist
(available in the Public Domain Manual) and Footpath Levels and
Gradients Approval Application form (available on the City’s website).
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(c)
12 MAY 2015
These alignment levels, as approved by Council, are to be incorporated
into the plans submitted with the application for a Construction
Certificate for any civil, drainage and public domain work as applicable
under this consent. If the proposed detailed design of the public domain
requires changes to any previously approved Alignment Levels, then
an amended Alignment Levels submission must be submitted to and
approved by Council to reflect these changes prior to a Construction
Certificate being issued for public domain work.
(84) PAVING MATERIALS
The surface of any material used or proposed to be used for the paving of
colonnades, thoroughfares, plazas, arcades and the like which are used by
the public must comply with AS/NZS 4586:2004 (including amendments)
"Slip resistance classification of new pedestrian surface materials".
(85) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted or a Construction Certificate
being issued, whichever is earlier, a photographic recording of the public
domain site frontages is to be prepared and submitted to Council's
satisfaction.
The recording must include clear images of the building facade adjoining the
footpath, the footpath, nature strip, kerb and gutter, driveway crossovers and
laybacks, kerb ramps, road carriageway, street trees and plantings, parking
restriction and traffic signs, and all other existing infrastructure along the
street.
The form of the recording is to be as follows:(a)
A PDF format report containing all images at a scale that clearly
demonstrates the existing site conditions;
(b)
Each image is to be labelled to identify the elements depicted, the
direction that the image is viewed towards, and include the name of the
relevant street frontage;
(c)
Each image is to be numbered and cross referenced to a site location
plan;
(d)
A summary report, prepared by a suitable qualified professional, must
be submitted in conjunction with the images detailing the project
description, identifying any apparent existing defects, detailing the date
and authorship of the photographic record, the method of
documentation and limitations of the photographic record;
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive license to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
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Any damage to the public way including trees, footpaths, kerbs, gutters, road
carriageway and the like must immediately be made safe and functional by
the applicant. Damage must be fully rectified by the applicant in accordance
with the City’s standards prior to a Certificate of Completion being issued for
Public Domain Works or before an Occupation Certificate is issued for the
development, whichever is earlier.
(86) PRESERVATION OF SURVEY MARKS
All works in City streets must ensure the preservation of existing permanent
survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a
cast iron box). At least forty-eight hours prior to the commencement of any
works in the public way within 1 metre of a permanent survey mark contact
must be made with the City's Project Manager Survey / Design Services to
arrange for the recovery of the mark.
Prior to the issue of a Construction Certificate, a survey plan, clearly showing
the location of all permanent survey marks fronting the site and within 5
metres on each side of the frontages must be submitted to Council.
At least forty-eight hours prior to the commencement of any works in the
public way within 1 metre of a permanent survey mark contact must be made
with the City’s Senior Surveyor to arrange for the recovery of the mark.
A fee must be paid to the Council for the replacement of any permanent
survey mark removed or damaged in accordance with the City's Schedule of
Fees and Charges (Reinstatement of Survey Box).
(87) PROTECTION OF SURVEY INFRASTRUCTURE
Prior to the commencement of any work on site, a statement prepared by a
Surveyor registered under the Surveying Act 2002 must be submitted to
Council verifying that a survey has been carried out in accordance with the
Surveyor General’s Direction No. 11 – Reservation of Survey Infrastructure.
Any Permanent Marks proposed to be or have been destroyed must be
replaced, and a "Plan of Survey Information" must be lodged at the Land and
Property Management Authority.
Reason: To ensure that the survey control infrastructure and cadastral
framework are preserved for the public benefit and in accordance with the
Surveying Act 2002.
(88) PUBLIC DOMAIN PLAN
(a)
A detailed Public Domain Plan must be prepared by a suitably qualified
architect, urban designer, landscape architect or engineer and must be
lodged with Council’s Public Domain Section and be approved by
Council prior to a Construction Certificate being issued for public
domain work or above ground building work, whichever is later. The
Public Domain Plan must be submitted with a completed Public
Domain Plan checklist (available in the City of Sydney’s Public Domain
Manual).
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(b)
The Public Domain Plan must document all works required to ensure
that the public domain complies with the City of Sydney’s Public
Domain Manual, Sydney Streets Design Code and Sydney Streets
Technical Specification, including requirements for road pavement,
traffic measures, footway pavement, kerb and gutter, drainage, vehicle
crossovers, pedestrian ramps, lighting, street trees and landscaping,
signage and other public domain elements. If an Alignment Levels
condition applies to the development, the Public Domain Plan
submission must incorporate the approved Alignment Levels. If the
proposed detailed design of the public domain requires changes to any
previously approved Alignment Levels, then an amended Alignment
Levels submission must be submitted to and approved by Council to
reflect these changes prior to a Construction Certificate being issued
for public domain work.
(c)
The works to the public domain are to be completed in accordance with
the approved Public Domain Plan and Alignment Levels plans and the
Public Domain Manual before any Occupation Certificate is issued in
respect of the development or before the use commences, whichever is
earlier.
(d)
A Public Domain Works Deposit will be required for the public domain
works, in accordance with the City of Sydney’s adopted fees and
charges and the Public Domain Manual. The Public Domain Works
Deposit must be submitted as an unconditional bank guarantee in
favour of Council as security for completion of the obligations under this
consent.
(e)
Council's Public Domain section must be contacted to determine the
guarantee amount prior to lodgement of the guarantee. The guarantee
must be lodged with Council prior to a Construction Certificate being
issued.
(f)
The Bank Guarantee will be retained in full until all Public Domain
works are completed and the required certifications, warranties and
works-as-executed documentation are submitted and approved by
Council in writing. On satisfying the above requirements, 90% of the
total securities will be released. The remaining 10% will be retained for
the duration of the specified Defects Liability Period.
(89) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a)
Prior to a Construction Certificate being issued for public domain work,
including civil, drainage and subsurface works, , a set of hold points for
approved public domain, civil and drainage work is to be determined
with and approved by the City's Public Domain section in accordance
with the City of Sydney's Public Domain Manual and Sydney Streets
Technical Specification.
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(b)
12 MAY 2015
Prior to a Certificate of Completion being issued for public domain
works and before the issue of any Occupation Certificate for the
development or before the use commences, whichever is earlier,
electronic works-as-executed (as-built) plans and documentation,
certified by a suitably qualified, independent professional must be
submitted to and accepted by Council for all public domain works.
Completion and handover of the constructed public domain works must
be undertaken in accordance with the City of Sydney's Public Domain
Manual and Sydney Streets Technical Specification, including
requirements for as-built documentation, certification, warranties and
the defects liability period.
(90) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(a)
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, details of the proposed
stormwater disposal and drainage from the development including a
system of on-site stormwater detention in accordance with Council’s
standard requirements and details of the provision and maintenance of
overland flow paths must be submitted to and approved by Council. All
approved details for the disposal of stormwater and drainage are to be
implemented in the development.
(b)
The requirements of Sydney Water with regard to the on-site detention
of stormwater must be ascertained and complied with. Evidence of the
approval of Sydney Water to the on-site detention must be submitted
prior to a Construction Certificate being issued excluding any approved
preparatory, demolition or excavation works.
(c)
Prior to the issue of any Occupation Certificate, a Positive Covenant
must be registered on the title for all drainage systems involving OnSite Detention (OSD) to ensure maintenance of the approved OSD
system regardless of the method of connection.
(d)
Any proposed connection to the Council's underground drainage
system will require the owner to enter into a Deed of Agreement with
the Council and obtain registration on Title of a Positive Covenant prior
to Construction Certificate being issued for public domain works or
above ground building works, whichever is earlier, and prior to the
commencement of any work within the public way.
(e)
An "Application for Approval of Stormwater Drainage Connections"
must be submitted to the Council with the appropriate fee at the time of
lodgement of the proposal for connection of stormwater to the Council's
drainage system.
(f)
construction, drainage or building work (whichever is earlier), but
excluding approved preparatory or demolition work, a stormwater
quality assessment must be undertaken and must be approved by
Council.
The stormwater quality assessment must:
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(i)
be prepared by a suitably qualified drainage engineer with
experience in Water Sensitive Urban Design;
(ii)
use modelling from an industry-standard water quality model; and
(iii)
demonstrate what water sensitive urban design and other
drainage measures will be used to ensure that the development
will achieve the following post-development pollutant loads:
a.
reduce the baseline annual pollutant load for litter and
vegetation larger than 5mm by 90%;
b.
reduce the baseline annual pollutant load for total
suspended solids by 85%;
c.
reduce the baseline annual pollutant load for total
phosphorous by 65%;
d.
reduce the baseline annual pollutant load for total nitrogen
by 45%.
Prior to the issue of any Occupation Certificate, maintenance schedules of
the proposed water sensitive urban design and drainage measures must be
submitted to and approved by the Certifying Authority and a copy provided to
Council.
(91) DEFECTS LIABILITY PERIOD – PUBLIC DOMAIN WORKS
All works to the City’s public domain, including rectification of identified
defects, are subject to a 12 month defects liability period from the date of
final completion. The date of final completion will be nominated by Council
on the Certificate of Completion for public domain works.
(92) DRAINAGE AND SERVICE PIT LIDS
Drainage and service pit lids throughout the public domain shall be heelguard
and bicycle safe, finish flush with the adjacent pavement to avoid trip hazards
and be clear of obstructions for easy opening and cleaning. Pit lids shall be in
accordance with the City of Sydney’s Sydney Streets Design Code and
Sydney Streets Technical Specification. Details of drainage and service pit
lids shall be submitted and approved by Council prior to a Construction
Certificate being issued for the relevant stage of work.
(93) PUBLIC DOMAIN DAMAGE DEPOSIT
A Public Domain Damage Deposit calculated on the basis of 4 lineal metres
of asphalt site frontage must be lodged with Council in accordance with the
City of Sydney’s adopted Schedule of Fees and Charges. The Public Domain
Damage Deposit must be submitted as an unconditional bank guarantee in
favour of Council as security for repairing any damage to the public domain
in the vicinity of the site.
The guarantee must be lodged with Council prior to an approval for
demolition being granted or a Construction Certificate being issued,
whichever is earlier.
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The Bank Guarantee will be retained in full until the final Occupation
Certificate has been issued and any rectification works to the footway and
Public Domain are completed to Council’s satisfaction. On satisfying the
above requirements 90% of the total securities will be released, with the
remaining 10% to be retained for the duration of the 12 months Defect
Liability Period.
(94) PUBLIC DOMAIN LIGHTING
(a)
(b)
Prior to a Construction Certificate for public domain works or above
ground building works being issued, whichever is later, a detailed
Public Domain Lighting Plan for pedestrian and street lighting in the
public domain must be prepared by a suitably qualified, practicing
lighting engineer or lighting designer and must be submitted to and
approved by Council. The Lighting Plan must be prepared in
accordance with the City of Sydney’s Interim Draft Sydney Lights
Design Code, Sydney Streets Design Code, Sydney Streets Technical
Specification and Public Domain Manual and must include the
following:
(i)
Vertical and horizontal illuminance plots for the public domain
lighting design to demonstrate compliance with all relevant
Australian Standards and to meet the lighting categories and
requirements specified by the City;
(ii)
The location, type and category of existing and proposed lights,
including details of luminaire specifications, required to ensure
compliance with City policies and Australian Standards;
(iii)
Footing locations and structural details;
(iv)
Location and details of underground electrical reticulation,
connections and conduits;
(v)
Certification by a suitably qualified, practicing lighting engineer or
lighting designer to certify that the design complies with City
policies and all relevant Australian Standards including AS 1158,
AS 3000 and AS4282;
(vi)
Structural certification for footing designs by a suitably qualified,
practicing engineer to certify that the design complies with City of
Sydney policies and Australian Standards.
The public domain lighting works are to be completed in accordance
with the approved plans and the City of Sydney's Public Domain
Manual before any Occupation Certificate is issued in respect of the
development or before the use commences, whichever is earlier.
(95) TACTILE GROUND SURFACE INDICATORS AND HANDRAILS
All tactile ground surface indicators, handrails and other elements required to
provide access into the building / property must be located entirely within the
private property boundary.
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(96) PHYSICAL MODELS
(a)
Prior to an Occupation Certificate being issued, an accurate 1:500
scale model of the development as constructed must be submitted to
Council for the City Model in Town Hall House.
Note:
(i)
The models must be constructed in accordance with the Model
Specifications
available
online
at
http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements
Council’s
modelers must be consulted prior to construction of the model.
(ii)
The models are to comply with all of the conditions of the
Development Consent.
(iii)
The models must be amended to reflect any further modifications
to the approval (under section 96 of the Environmental Planning
and Assessment Act) that affect the external appearance of the
building.
(97) SUBMISSION OF ELECTRONIC CAD MODELS PRIOR TO OCCUPATION
CERTIFICATE
(a)
Prior to an Occupation Certificate being issued, an accurate 1:1
electronic CAD model of the completed development must be
submitted to Council for the electronic Visualisation City Model.
(b)
The data required to be submitted within the surveyed location must
include and identify:
(i)
building design above and below ground in accordance with the
development consent;
(ii)
all underground services and utilities, underground structures and
basements, known archaeological structures and artefacts;
(iii)
a current two points on the site boundary clearly marked to show
their Northing and Easting MGA (Map Grid of Australia)
coordinates, which must be based on Established Marks
registered in the Department of Lands and Property Information’s
SCIMS Database with a Horizontal Position Equal to or better
than Class C.
The data is to be submitted as a DGN or DWG file on a Compact Disc.
All modelling is to be referenced to the Map Grid of Australia (MGA)
spatially located in the Initial Data Extraction file.
(c)
The electronic model must be constructed in accordance with the City’s
3D CAD electronic model specification. The specification is available
online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements Council’s Modelling staff
should be consulted prior to creation of the model. The data is to
comply with all of the conditions of the Development Consent.
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(98) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC
PLACE
(a)
A separate application under Section 138 of the Roads Act 1993 is to
be made to Council to erect a hoarding and/or scaffolding (temporary
structures) in a public place.
(b)
Where a consent is granted allowing the placement of temporary
structures in a public place the structures must comply fully with
Council’s Policy for the Design of Construction Hoardings and the
conditions of any consent granted including:
(i)
maintaining a current and valid consent for the full duration that
the temporary structures are installed in the public place (Section
139, Roads Act 1993);
(ii)
bill posters and graffiti being removed within 24 hours of their
placement (Clause 3.1);
(iii)
maintaining temporary structures in a clean and tidy condition
including repainting where directed by an authorised officer of
Council (Clause 3.1);
(iv)
hoarding site fences complying with Clause 3.3 - Element 3;
(v)
site sheds on decks of Type B hoardings being fully screened
from the public place (Clause 3.3 - Element 5); and
(vi)
providing and maintaining operational artificial lighting systems
under Type B hoardings (Clause 3.3 – Element 9).
(99) BARRICADE PERMIT
Where construction/building works require the use of a public place including
a road or footpath, approval under Section 138 of the Roads Act 1993 for a
Barricade Permit is to be obtained from Council prior to the commencement
of work. Details of the barricade construction, area of enclosure and period
of work are required to be submitted to the satisfaction of Council.
(100) ELECTRICITY SUBSTATION
If required by the applicable energy supplier, the owner must dedicate to the
applicable energy supplier, free of cost, an area of land within the
development site, but not in any landscaped area or in any area visible from
the public domain, to enable an electricity substation to be installed. The
size and location of the substation is to be submitted for approval of Council
and Energy Australia, prior to a Construction Certificate being issued or the
commencement of the use, whichever is earlier.
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(101) TELECOMMUNICATIONS PROVISIONS
(a)
Appropriate space and access for ducting and cabling is to be provided
within the plant area and to each apartment within the building within
for a minimum of three telecommunication carriers or other providers of
broad-band access by ground or satellite delivery. The details must be
submitted for the approval of the Certifying Authority prior to a
Construction Certificate being issued.
(b)
A separate DA must be submitted prior to the installation of any
external telecommunication apparatus, or the like.
(102) UTILITY SERVICES
To ensure that utility authorities are advised of the development:
(a)
Prior to the issue of a Construction Certificate a survey is to be carried
out of all utility services within and adjacent to the site including
relevant information from utility authorities and excavation if necessary,
to determine the position and level of services.
(b)
Prior to the commencement of work the applicant is to obtain written
approval from the utility authorities (e.g. Energy Australia, Sydney
Water, and Telecommunications Carriers) in connection with the
relocation and/or adjustment of the services affected by the
construction of the underground structure. Any costs in the relocation,
adjustment or support of services are to be the responsibility of the
developer.
(103) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(a)
A Waste Management Plan is to be submitted to and approved by
Council’s Area Planning Manager prior to a Construction Certificate
being issued. The plan must comply with the Council's Policy for Waste
Minimisation in New Developments 2005. All requirements of the
approved Waste Management Plan must be implemented during
construction of the development.
(b)
The building must incorporate designated areas or separate garbage
rooms constructed in accordance with Council’s Policy for Waste
Minimisation in New Developments 2005, to facilitate the separation of
commercial waste and recycling from residential waste and recycling.
UPON COMPLETION OF THE DEVELOPMENT
(c)
Prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, the Principal Certifying Authority must obtain
Council’s approval of the waste and recycling management facilities
provided in the development and ensure arrangements are in place for
domestic waste collection by Council.
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SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(104) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying
Authority and a copy submitted to Council prior to commencement of
occupation or use of the whole or any part of a new building, an altered
portion of, or an extension to an existing building.
(105) BASIX
All commitments listed in each relevant BASIX Certificate for the
development must be fulfilled prior to an Occupation Certificate being issued.
(106) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
(a)
All work, including building/demolition and excavation work, and
activities in the vicinity of the site generating noise associated with
preparation for the commencement of work (eg. loading and unloading
of goods, transferring of tools etc) in connection with the proposed
development must only be carried out between the hours of 7.30am
and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm
on Saturdays, with safety inspections being permitted at 7.00am on
work days, and no work must be carried out on Sundays or public
holidays.
(b)
All work, including demolition, excavation and building work must
comply with the City of Sydney Code of Practice for Construction
Hours/Noise 1992 and Australian Standard 2436 - 1981 Guide to Noise
Control on Construction, Maintenance and Demolition Sites.
Note: The City of Sydney Code of Practice for Construction Hours/Noise
1992 allows extended working hours subject to the approval of an application
in accordance with the Code and under Section 96 of the Environmental
Planning and Assessment Act 1979.
(107) ENCROACHMENTS – NEIGHBOURING PROPERTIES
No portion of the proposed structure shall encroach onto the adjoining
properties.
(108) ENCROACHMENTS – PUBLIC WAY
No portion of the proposed structure, including gates and doors during
opening and closing operations, shall encroach upon Council’s footpath area.
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(109) SURVEY
All footings and walls adjacent to a boundary must be set out by a registered
surveyor. On commencement of brickwork or wall construction a survey and
report must be submitted to the Principal Certifying Authority indicating the
position of external walls in relation to the boundaries of the allotment.
(110) SURVEY CERTIFICATE AT COMPLETION
A Survey Certificate prepared by a Registered Surveyor must be submitted
at the completion of the building work certifying the location of the building in
relation to the boundaries of the allotment.
(111) SYDNEY WATER CERTIFICATE
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must
be obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing
Coordinator. Please refer to the Building Developing and Plumbing section
on the web site www.sydneywater.com.au then refer to “Water Servicing
Coordinator” under “Developing Your Land” or telephone 13 20 92 for
assistance.
Following application a “Notice of Requirements” will advise of water and
sewer infrastructure to be built and charges to be paid. Please make early
contact with the Coordinator, since building of water/sewer infrastructure can
be time consuming and may impact on other services and building, driveway
or landscape design.
The Section 73 Certificate must be submitted to Council or the Principal
Certifying Authority prior to an Occupation Certificate or subdivision/strata
certificate being issued.
(112) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
A site notice is to be prominently displayed at the boundary to each frontage
of the site for the purposes of informing the public of appropriate project
details and relevant approvals. The notice(s) is to satisfy all of the following
requirements:
(a)
Minimum dimensions of the notice are to measure 841mm x 594mm
(A1) with any text on the notice to be a minimum of 30 point type size;
(b)
The notice is to be durable and weatherproof and is to be displayed
throughout the construction period;
(c)
A copy of the first page of the development approval, building approval
(including any modifications to those approvals) and any civic works
approvals is to be posted alongside the notice in weatherproof casing;
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(d)
The approved hours of work, the Principal Certifying Authority including
contact address and certification details, the name of the site manager,
the responsible managing company, its address and 24 hour contact
phone number for any enquiries, including construction/noise
complaint, are to be displayed on the site notice;
(e)
The notice(s) is to be mounted at eye level on the perimeter hoardings
and is also to state that unauthorised entry to the site is not permitted.
(113) COVERING OF LOADS
All vehicles involved in the excavation and/or demolition process and
departing the property with demolition materials, spoil or loose matter must
have their loads fully covered before entering the public roadway.
(114) EROSION AND SEDIMENT CONTROL
The Soil and Water Management Plan (SWMP) or Erosion and Sediment
Control Plan (ESCP) which has been approved by the Principal Certifying
Authority must be implemented in full during the construction period.
During the construction period:
(a)
erosion and sediment controls must be regularly inspected, repaired
and maintained in working order sufficient for a 10 year Average
Recurrence Interval (ARI) rainfall event;
(b)
erosion and sediment control signage available from Council must be
completed and attached to the most prominent structure visible at all
times when entering the site for the duration of construction; and
(c)
building operations and stockpiles must not be located on the public
footway or any other locations which could lead to the discharge of
materials into the stormwater system.
(115) VEHICLE CLEANSING
Prior to the commencement of work, suitable measures are to be
implemented to ensure that sediment and other materials are not tracked
onto the roadway by vehicles leaving the site. It is an offence to allow, permit
or cause materials to pollute or be placed in a position from which they may
pollute waters.
(116) STREET NUMBERING – MAJOR DEVELOPMENT
Prior to an Occupation Certificate being issued, street numbers and the
building name must be clearly displayed at either end of the ground level
frontage in accordance with the Policy on Numbering of Premises within the
City of Sydney. Numbering is to be designed to be sympathetic to the
heritage item and details are to be submitted to and be approved by the
City’s Area Planning Manager prior to an Occupation Certificate being
issued. If new street numbers or a change to street numbers is required, a
separate application must be made to Council.
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(117) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a)
All loading and unloading associated with construction activity must be
accommodated on site.
(b)
If, during excavation, it is not feasible for loading and unloading to take
place on site, a Works Zone on the street may be considered by
Council.
(c)
A Works Zone may be required if loading and unloading is not possible
on site. If a Works Zone is warranted an application must be made to
Council at least 8 weeks prior to commencement of work on the site.
An approval for a Works Zone may be given for a specific period and
certain hours of the days to meet the particular need for the site for
such facilities at various stages of construction. The approval will be
reviewed periodically for any adjustment necessitated by the progress
of the construction activities.
(d)
In addition to any approved construction zone, provision must be made
for loading and unloading to be accommodated on site once the
development has reached ground level.
(e)
The structural design of the building must allow the basement and/or
the ground floor to be used as a loading and unloading area for the
construction of the remainder of the development.
(f)
Where hoisting activity over the public place is proposed to be
undertaken including hoisting from a Works Zone, a separate approval
under Section 68 of the Local Government Act 1993 must be obtained.
(118) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse,
skips or the like, under any circumstances. Non-compliance with this
requirement will result in the issue of a notice by Council to stop all work on
site.
(119) USE OF MOBILE CRANES
The following requirements apply:
(a)
Mobile cranes operating from the road must not be used as a method
of demolishing or constructing a building.
(b)
For special operations including the delivery of materials, hoisting of
plant and equipment and erection and dismantling of on site tower
cranes which warrant the on-street use of mobile cranes, permits must
be obtained from Council for the use of a mobile crane. The permits
must be obtained 48 hours beforehand for partial road closures which,
in the opinion of Council will create minimal traffic disruptions and 4
weeks beforehand in the case of full road closures and partial road
closures which, in the opinion of Council, will create significant traffic
disruptions.
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(c)
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Special operations and the use of mobile cranes must comply with the
approved hours of construction. Mobile cranes must not be delivered
to the site prior to 7.30am without the prior approval of Council.
(120) ACCESS DRIVEWAYS TO BE CONSTRUCTED
Approved driveways are to be constructed for all vehicular access to the
construction site in accordance with the requirements of Council’s “Driveway
Specifications” to the satisfaction of Council.
SCHEDULE 1D
Prior to Subdivision
Note: In addition to conditions relevant to subdivision throughout the consent, the
following conditions are required to be satisfied prior to any subdivision.
(121) SUBDIVISION – FURTHER APPROVAL REQUIRED
Subdivision plans the subject of future and separate applications for a
Subdivision Certificate and a Strata Certificate are to be in accordance with
those subdivision plans submitted with the DA, amended to reflect the final
approved DA plans and modified as required by conditions of this consent.
LAND SUBDIVISION
(122) LAND SUBDIVISION – SUBDIVISION CERTIFICATE
A separate application must be made to Council to obtain the approval of the
plan of subdivision and issue of a Subdivision Certificate under Section 109J
of the Environmental Planning and Assessment Act 1979.
(123) SYDNEY WATER CERTIFICATE - SUBDIVISION
Prior to the issue of a Subdivision Certificate, a Section 73 Compliance
Certificate under the Sydney Water Act 1994 must be obtained from Sydney
Water Corporation.
on the web site www.sydneywater.com.au then refer to "Water Servicing
Coordinator" under "Developing Your Land" or telephone 13 20 92 for
assistance.
Following application a "Notice of Requirements" will advise of water and
Certifying Authority prior to a Subdivision Certificate being issued.
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(124) FLOOR SPACE RATIO RESTRICTION
A Restrictive Covenant must be placed on the Titles of all of the lots in the
subdivision limiting the sum of the Gross Floor Areas of the parts of the
building occupying all lots in the subdivision, taken together, to be limited to
the extent that the Floor Space Ratio attributable to the whole of the land in
the subdivision plan (being Lots 1, 2 and 3) is no more than that permissible
for the entire site by the Sydney Local Environmental Plan 2012, or that
which is currently in existence. The Restriction is to be created to the
satisfaction of Council with Council being the authority to release, vary or
modify the Restriction.
(125) EASEMENTS UNDER SEC 196 CONVEYANCING ACT
Documentary reciprocal easements for services, drainage, support and
shelter, and emergency egress, affecting the whole of each lot if so desired,
must be created over the lots in the subdivision, pursuant to Section 88B of
the Conveyancing Act 1919 and to Council’s satisfaction.
(126) ADDITIONAL EASEMENTS
Any other documentary easements or any other encumbrances and
indemnities required for joint or reciprocal use of part or all of the proposed
lots as a consequence of the subdivision must be created over appropriate
lots in the subdivision, pursuant to Section 88B of the Conveyancing Act
1919 and to Council’s satisfaction.
(127) BUILDING MANAGEMENT STATEMENT
The Building Management Statement must adequately address the ongoing
maintenance, upgrading, redevelopment and structural adequacy of each
stratum lot to Council’s satisfaction.
(128) STREET ADDRESSES OF LOTS
In accordance with Clause 60(c) of the Surveying and Spatial Information
Regulation 2012, the street addresses for each lot must be shown on the
final plan of subdivision. An application should be made to Council to obtain
the correct street address for each lot.
STRATA SUBDIVISION
(129) STRATA SUBDIVISION – APPROVAL OF STRATA PLAN REQUIRED
A separate application must be made to Council or an accredited certifier to
obtain approval of the Strata Plan and issue of a Strata Certificate under the
Strata Schemes (Freehold Development) Act 1973.
(130) SYDNEY WATER CERTIFICATE - SUBDIVISION
Prior to the issue of a Strata Certificate, a Section 73 Compliance Certificate
under the Sydney Water Act 1994 must be obtained from Sydney Water
Corporation.
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on the web site www.sydneywater.com.au then refer to "Water Servicing
Coordinator" under "Developing Your Land" or telephone 13 20 92 for
assistance.
Following application a "Notice of Requirements" will advise of water and
Certifying Authority prior to a Strata Certificate being issued.
(131) RESTRICTION ON RESIDENTIAL DEVELOPMENT
A documentary Restriction on the Use of Land is to be created over all
residential lots in the Strata Plan, pursuant to Section 88B of the
Conveyancing Act 1919, appurtenant to Council, in terms requiring the
apartments are only to be used for permanent residential accommodation
only and not for the purpose of short-term rental accommodation such as
hotel, serviced apartments, boarding house, tourist and back-packer
accommodation. The Restriction is to be created to the satisfaction of
Council or the Strata Certifier with Council being the authority to release, vary
or modify the Restriction.
(132) RESTRICTION ON USE OF CAR SPACES AND STORAGE SPACES
A documentary Restriction on Use of Land is to be created over all car
parking and storage lots and part lots in the Strata Plan, pursuant to Section
88B of the Conveyancing Act 1919, appurtenant to Council, in terms to the
satisfaction of Council or the Strata certifier requiring the on-site residential
car parking spaces and storage spaces, exclusive of service car spaces, are
not to be used other than by an occupant, resident or tenant of the building,
with the Council being the authority to release, vary or modify the restriction.
(133) RESTRICTION ON PARKING ON COMMON PROPERTY AREAS
A documentary Restriction on Use of Land is to be created over the Common
Property in the Strata Plan, exclusive of any visitor and service vehicle
spaces, pursuant to Section 88B of the Conveyancing Act 1919, created
appurtenant to Council, in terms to the satisfaction of Council or the Strata
certifier prohibiting the use of Common Property in the Strata Plan for the
parking or storage of vehicles, boats, trailers and the like, with the Council
being the authority to release, vary or modify the restriction.
(134) ADDITIONAL EASEMENTS
Any additional easements or any other encumbrances and indemnities
required for joint or reciprocal use of part or all of the proposed lots as a
consequence of the subdivision must be created over appropriate lots in the
subdivision, pursuant to Section 88B of the Conveyancing Act 1919 and to
the satisfaction of Council or the Strata certifier.
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SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental
Planning and Assessment Regulation 2000 apply to the development.
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BACKGROUND
The Site and Surrounding Development
1.
The proposed development comprises two sites:
(a)
117 Kippax Street (also known as 10-14 Waterloo Street) (Lot 10 DP
582591); and
(b)
119-127 Kippax Street (Lot 11 DP 582591).
2.
117 Kippax Street is a 9 storey commercial building with frontages to Waterloo
Street to the west and Kippax Street to the north. It has an approximate site area of
832m2. A public parking station operates from the site, with vehicular entry from
Waterloo Street. With the exception of minor works to an existing loading dock on
Kippax Street, no works are proposed to that building. Essentially 117 Kippax only
forms part of the development site as existing basement car parking within that site
is proposed to be utilised for the proposed development at 119-127 Kippax Street.
3.
119-127 Kippax Street is a heritage listed 4 to 6 storey Federation warehouse and
has a site area of 1,549m2. It has frontages to Kippax Street to the north and Lacey
Street to the east. Vehicular access is provided off Waterloo Street from a right of
way (over 117 Kippax Street). Loading areas are also provided on Lacey Street.
This is the main site the subject of this application.
4.
Within the same block immediately adjoining the site to the south is:
(a)
16-18 Waterloo Street, a 9 storey residential flat building with 16 apartments
and a roof terrace;
(b)
72-80 Cooper Street, a 7 to 8 storey commercial building which also has
frontage to Waterloo Street; and
(c)
82-92 Cooper Street, an 8 storey mixed use building with lower level
commercial uses, 97 apartments and a roof terrace with a pool and tennis
court. That site also has frontage to Lacey Street. Vehicle access to 82-92
Cooper Street is provided from Waterloo Street from the same right of way
benefitting 119-127 Kippax Street.
5.
Surrounding the site are residential, commercial and warehouse uses, with this
area of Surry Hills still housing many ‘rag-trade’ businesses. To the west on
Waterloo Street is predominantly two storey terrace development used for
residential and retail uses. A 6 storey building, known as ‘Standard House’, is
located on the western corner of Kippax and Waterloo Streets. To the north on
Kippax Street is 2 to 8 storey office and warehouse development. To the east on
Lacey Street is 2 to 4 level residential and commercial development.
6.
For simplicity and relevance, except where otherwise stated, references to ‘the site’
from this point throughout this report are references only to 119-127 Kippax Street.
7.
A site visit was carried out on 30 October 2014 and 8 January 2015. Photos of the
site and surrounds are provided below:
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Figure 1: Aerial plan of the site and surrounding area. 119-127 Kippax Street is the primary
development site.
Figure 2: Aerial of the block showing the site (119-127 Kippax Street) circled.
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Figure 3: The site is on the corner of Kippax and Lacey Street.
Figure 4: Lower level detail of site (Kippax Street). Retail / restaurant tenancies are
proposed at the lower levels.
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Figure 5: Site, looking south on Lacey Street.
Figure 6: Lower level Lacey Street detail. A retail tenancy and entry lobby is proposed in
this location.
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Figure 7: Opposite side of Kippax Street, looking west.
Figure 8: 117 Kippax Street, on the corner of Waterloo Street, looking south. Car parking is
proposed in the existing basement of 117 Kippax accessed from Waterloo Street.
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Figure 9: Rear of site showing the 1970s addition to be demolished and adjoining buildings
(generally looking north-east).
Figure 10: Relationship between the 1970s addition and 82-92 Cooper Street to the south.
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Figure 11: Relationship between the 1970s addition and 16-18 Waterloo Street to the west.
Figure 12: Looking down into the rear void from the roof of the 1970s addition.
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Figure 13: Looking south-west from the roof of the 1970s addition.
Figure 14: Looking north from the roof of the 1970s addition.
PROPOSAL
8.
The proposal is for the demolition of the 1970s infill addition at the rear of the site
and the adaptive reuse of the existing heritage-listed building. A mixed use
development comprising 5 lower level retail/commercial tenancies, 45 residential
apartments and a 1 to 2 storey rooftop addition is proposed. In detail, the DA
includes:
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(a)
12 MAY 2015
Basement Levels P4, P3 and P1 (117 Kippax Street)
(i)
30 residential car spaces, including 10 accessible spaces;
(ii)
6 residential visitor spaces, including 1 accessible space;
(iii)
8 retail/commercial spaces;
(iv)
2 car share spaces;
(v)
8 motorcycle spaces;
(vi)
29 storage areas accommodating a bicycle, ranging in size from 5m2 to
15m2;
(vii) new lift from carpark providing resident’s access to lower ground and
level 1; and
(viii) in addition to the spaces listed above, 40 spaces on Level P2 and part
of Level P1 will be retained for parking for commercial tenants of 117
Kippax Street. This is consistent with the DA consent for that site
(D/338/68) which approved a car parking station for 120 cars with 40 of
those spaces required to be reserved for commercial tenants of that
building. The public parking component of that car park will cease
under this DA.
(b)
(c)
Lower Ground (lower Kippax Street level)
(i)
Conversion of existing loading dock in 117 Kippax Street to a small
retail premises (23m2). Loading for 117 Kippax will be accommodated
within that site, accessed from Waterloo Street;
(ii)
18 bicycle parking/storage areas for residents within 117 Kippax Street
at the rear of the small retail tenancy mentioned in (b)(i) above;
(iii)
restaurant / bar (243m2) on Kippax Street;
(iv)
a loading dock accessed from Waterloo Street with 4 service vehicle
spaces; and
(v)
commercial and residential waste rooms.
Ground (upper Kippax Street level)
(i)
commercial and residential entry lobby on Kippax Street;
(ii)
commercial/retail tenancy (232m2) with entry from Kippax Street lobby;
(iii)
restaurant/retail tenancy (371m2) with entry from Kippax Street;
(iv)
commercial office tenancy (366m2) along Lacey Street (but mostly
below ground) accessed internally from Kippax Street entry lobby;
(v)
20 bicycle visitor spaces; and
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(vi)
(d)
(e)
(g)
landscaped courtyard to rear in place of 1970s infill building to be
demolished.
Level 1 (Lacey Street level)
(i)
8 apartments;
(ii)
residential entry lobby from Lacey Street;
(iii)
multi-purpose room for residents (37m2); and
(iv)
retail premises (82m2) on Lacey Street.
Levels 2 - 4
(i)
(f)
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30 residential apartments.
Levels 5 & 6
(i)
demolition of existing roof; and
(ii)
new part 1 / part 2 storey rooftop addition with 7 residential apartments
and green roof.
Roof
(i)
Plant including photovoltaic system, solar and air conditioning units.
9.
The DA also proposes strata and stratum subdivision. Separate approval for
subdivision is required and a separate schedule of conditions relevant to land and
strata subdivision is included in the recommended conditions.
10.
While non-residential uses at the lower levels are supported in principle, approval
of specific uses including food and drink, retail and commercial premises, will not
form part of this of this DA. Matters relating to use, noise, hours of operation,
patron capacity and the like are to be determined as part of separate DAs to be
submitted for those tenancies. It is noted that mechanical ventilation and a vertical
exhaust discharging at roof level for a possible future restaurant has been provided
for in the base building design.
11.
The proposal was amended and additional information submitted in response to
concerns raised by staff, including:
(a)
redesign of the rooftop addition to incorporate more solid and masonry
elements to relate to the heritage warehouse. The extent of glazing was
reduced and deeper reveals incorporated to improve solar performance and
privacy;
(b)
reconfiguration of the Lacey Street lobby / retail space to preserve and
interpret the former loading dock, a significant heritage feature of the
warehouse, including the preservation of the original stamped floor finish;
(c)
amendments to arched window openings to reinstate and interpret historic
joinery features and configuration of the warehouse windows including
highlight windows and transoms;
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(d)
deletion of 3 apartments in response to amenity concerns and replacement
with an additional retail/commercial tenancy fronting Kippax Street;
(e)
amendments to apartment layouts to improve amenity;
(f)
incorporation of a bin holding room for residential waste collection from
Waterloo Street;
(g)
incorporation of a loading area for 117 Kippax Street accessed from
Waterloo Street (following conversion of an existing loading area on Kippax
Street to retail);
(h)
reduction in residential carparking to comply with maximum controls and
increase in proportion of accessible car parking; and
(i)
additional view impact analysis (discussed in detail later in the report).
12.
Further to the amendments made in response to issues raised by Council staff, the
proposal was also amended to retain the existing fire stair of the 1970s addition
within the rear courtyard instead of constructing a new stair in much the same
location. The retained stair is incorporated in the images included in this report.
13.
The amended DA is the subject of this report.
14.
Images of the proposed development are provided below.
Figure 15: The proposal inludes removing the 1970s infill addition increasing the the void
area and the separation between adjoining buildings.
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Figure 16: The proposed massing of the part 1 storey / part 2 storey addition.
Figure 17: Kippax Street (north) elevation.
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Figure 18: Lacey Street (east) elevation.
Figure 19: West elevation.
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Figure 20: South elevation.
Figure 21: East-west section looking to Kippax Street.
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Figure 22: North-south section looking to Lacey Street.
Figure 23: Lower Ground plan showing vehicle access from Waterloo Street and the lower
Kippax Street retail tenancies.
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Figure 24: Ground floor showing the building entry and the retail / commercial tenancies
on Kippax Street. The proposed landscaped courtyard in the area of the 1970s addition to
be demolished is also shown.
Figure 25: Level 1 plan showing the Lacey Street entry and retail tenancy.
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Figure 26: Typical floor plan (Level 2 to 4).
Figure 27: Level 5 (rooftop addition).
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Figure 28: Level 6 (second storey of rooftop addition).
Figure 29: Existing view (left) and photomontage (right), corner of Kippax and Lacey
Streets.
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Figure 30: Existing view (top) and photomontage (bottom), from Little Riley Street. The car
parking in the foreground is on 134-136 Kippax Street which is in the same ownership as
the adjoining site (130-132 Kippax Street). Those sites have a height control of 15m / 4
storeys. A DA for the redevelopment of those sites approved a 6 storey residential building
(approximate topmost RL of 57.25) which has since lapsed.
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Figure 31: Perspective of the proposed addition.
Figure 32: Rooftop addition (Kippax Street).
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Figure 33: Rooftop detail (Kippax Street).
Figure 34: Rooftop detail (Lacey Street).
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Figure 35: Perspective of courtyard following the removal of the 1970s addition (looking
north-east).
Figure 36: Perspective of courtyard following removal of the 1970s addition, generally
looking south to 82-92 Cooper Street.
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ECONOMIC/SOCIAL/ENVIRONMENTAL IMPACTS
15.
The application has been assessed under Section 79C of the Environmental
Planning and Assessment Act 1979, including consideration of the following
matters:
(a)
16.
Environmental Planning Instruments and DCPs.
The State Environmental Planning Policies (SEPPs) and Regional Environmental
Plans (REPs) applicable to the proposed development have been considered and
the proposal is consistent with the aims and objectives of those SEPPs and REPs.
Those instruments that warrant further discussion are outlined below.
State Environmental Planning Policy No 55—Remediation of Land
17.
The aim of SEPP 55 is to ensure that a change of land use will not increase the
risk to health, particularly in circumstances where a more sensitive land use is
proposed.
18.
A Preliminary Site Investigation was submitted with the DA and it is unlikely that
the site is contaminated. However, an underground storage tank may be present
on the adjacent site and depending on whether footings are required in this area,
potentially contaminated soils may be exposed. The City’s Health Unit is satisfied
that this can be addressed by consent conditions which have been included in the
recommendation.
19.
A Hazardous Building Materials Assessment submitted with the DA and identifies
hazardous building materials such as asbestos containing materials (ACMs),
synthetic mineral fibre products, lead-containing paint (LCP) and polychlorinated
biphenyl (PCB) contained in capacitors in fluorescent light fittings. Some areas of
the site could not be accessed but it is assumed that those areas also contain
asbestos. Appropriate conditions are also recommended.
State Environmental Planning Policy No 65—Design Quality of Residential Flat
Development
20.
SEPP 65 provides that in determining an application for a residential flat
development of three or more floors and containing four or more apartments, that
the consent authority take into consideration a number of matters relating to design
quality, including 10 design quality principles. These are discussed below:
(a)
Principles 1, 2 & 3: Context, Scale and Built Form
Complies: the development involves the adaptive reuse of the heritage listed
warehouse. The proposed rooftop addition is considered to achieve an
appropriate built form in terms of setbacks, scale, proportions and response
to the heritage item.
Both the existing building and the proposed development exceed the
maximum FSR and maximum height and this is discussed in the Issues
section.
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(b)
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Principle 4: Density
Complies: the number of proposed units is appropriate having regard to the
overall development planned for the site.
(c)
Principle 5: Resource, energy and water efficiency
Complies: a condition will ensure that the development complies with the
commitments in the BASIX certificate. A roof garden is also proposed and
conditions are recommended regarding same.
(d)
Principle 6: Landscape
Complies: the proposal includes a landscaped courtyard at the rear in place
of the 1970s infill addition proposed to be demolished. A roof top garden
(accessible only for maintenance) is also proposed.
(e)
Principle 7: Amenity
Complies: the proposed development achieves satisfactory levels of cross
flow ventilation, complies with minimum apartment sizes and provides
acceptable building depth and storage areas.
(f)
Principle 8: Safety and Security
Complies: the development provides the opportunity for casual surveillance
of the surrounding public domain through the retention of windows to street
frontages and active uses along both Kippax and Lacey Streets. The ground
floor retail uses will provide passive surveillance at street level reducing
opportunities for anti-social behaviour. Pedestrian entries are also provided
on both street frontages and are clearly defined.
(g)
Principle 9: Social Dimensions
Complies: the development provides an acceptable mix of unit types,
including adaptable units.
(h)
Principle 10: Aesthetics
Complies: the proposal was amended to incorporate a more masonry finish
to the addition to tie in better with the heritage warehouse. The removal of
the 1970s addition and proposed courtyard treatment significantly improve
the building’s appearance to adjoining properties to the west and south.
21.
SEPP 65 also requires that a design verification statement be submitted with
applications for residential flat buildings verifying that the building has been
designed by a qualified designer (a registered architect) and that the building
achieves the design principles SEPP 65. A design verification statement was
prepared by Jake Eaton, a registered architect, of BKH Architects.
22.
The development is considered generally acceptable when assessed against the
above stated principles and the SEPP generally, which are replicated in large part
within Council’s planning controls.
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Residential Flat Design Code
23.
Clause 30 of SEPP 65 requires consideration of the Residential Flat Design Code
(RFDC), which provides additional detail and guidance for applying the design
quality principles outlined in SEPP 65 to a specific locality. Compliance with the
Residential Flat Design Code is addressed in the table below.
Control
Compliance
Comment
Partial
compliance
Proposed building depth is between 16m and
21m, glass line to glass line and is considered
acceptable given the proposal is for the
adaptive reuse of an existing building. Except
for height, the bulk of the building as viewed
from the street generally remains unchanged.
Building Separation
Five to eight storeys/up
to 25 metres:
• 18m between
habitable
rooms/balconies
• 13m between
habitable/balconies
and non-habitable
rooms
• 9m between nonhabitable rooms
Yes
The proposal includes the demolition of the
1970s addition at the rear which increases the
separation between existing buildings. To the
west (16-18 Waterloo Street), separation is
increased from 9.7m to between 18m and
21m. To the south (82-92 Cooper Street),
separation is increased from 4.8m to between
22m (open corridors) and 27.5m (habitable
rooms). Figures 66 to 68 show the existing
and proposed separation. The increased
separation will improve the amenity for
existing residents. Adequate visual and
acoustic privacy is provided to both existing
and future residents.
Daylight Access
70% of units to receive
3 hours of direct
sunlight in midwinter to
living rooms and
private open spaces
between 9am and 3pm
on June 21.
No
67% of the residential apartments achieve at
least 3 hours of direct solar access to principal
living spaces. The 3% shortfall equates to 2
apartments that do not receive at least 3 hours
of direct sunlight which is considered
acceptable having regard to the constraints of
an adaptive reuse of a heritage building.
Building Depth
10-18m (glass line to
glass line)
It is noted that between 7am and 3pm, 87% of
apartments receive 3 hours of direct sunlight
and 93% receive 2 hours.
It is noted that
Council’s DCP requires
2 hours of direct
sunlight.
Natural Ventilation
60% of units to be
cross-ventilated
Yes
71% of apartments are cross-ventilated.
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Control
Single Aspect
Apartments
Single aspect
apartments should be
limited in depth to 8m
from a window.
Compliance
Yes
Single aspect apartments are no deeper than
10m-13m with habitable spaces in those
apartments no less than 8m from a window.
All apartments have a minimum width of 4m.
No single aspect apartments have a southerly
aspect.
Limit single aspect
apartments with a
southerly aspect to
maximum 10% of units.
Deep Soil Zone
A minimum of 25 per
cent of the open space
area of the site should
be a deep soil zone
(natural ground level).
Comment
No
The development incorporates landscaping in
the rear courtyard including a large garden
(around 145m2) above the loading area at
upper ground level. The garden has a soil
depth of 1.2m able to accommodate mature
trees. A green roof (190m2) is also proposed
on the western portion of site. These two
landscaped areas comprise 22% of the site
area.
Having regard to the site’s urban character
and the constraints of an adaptive reuse
development, it is acceptable that no deep soil
planting at ground level is provided.
Conditions recommend that a variety of plant
sizes, including more mature sizes, be
incorporated into the planting.
Communal Open
Space
Communal open space
to be 25-30% of site
area.
No
In addition to the landscaped areas and green
roof mentioned above, a multi-purpose room
for residents (37m2) is proposed. In total, 24%
of the site area is provided as communal open
space. While most of the space is passive and
accessible only for maintenance, it contributes
to the amenity of residents and is supported.
Converting the proposed green roof to a
recreational area accessible to residents was
considered. Given the large footprint of the
roof, the proximity of existing residents to the
south and the potential noise and amenity
impacts arising from the active use of that
space, it is considered more suitable as a
passive space.
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Control
Compliance
Comment
Safety
Clear lines of sight are
recommended between
entrances, foyers and
the street.
Yes
The proposal will improve opportunities for
casual surveillance to Kippax and Lacey
Streets. The retail uses at lower levels will
provide access to the site and activate those
streets.
Visual Privacy
Yes
The development provides satisfactory levels
of privacy. Building separation complies with
minimum standards and privacy impacts from
open corridor areas to the rear are minimised
as those open areas are used only for access
to apartments.
Apartment Layout
(Kitchen)
The back of a kitchen
should be no more
than 8m from a
window.
Yes
All apartments comply.
Apartment Layout
(Unit Sizes)
Minimum unit sizes:
Studio: 38.5sqm
1 bed: 50sqm
2 bed: 70sqm
3 bed: 95sqm
Balconies
Provide all apartments
with private open
space
2m min balcony width
Yes
All apartments comply.
No
Given the constraints of the heritage building,
only apartments within the rooftop addition
(level 5) have access to private open space.
This is acceptable taking into account the
proposed warehouse style apartments with
large and generously proportioned windows.
The addition of balconies by converting those
windows to balconies (by ‘punching out’
glazing) would have detrimental impacts to the
appearance and integrity of the heritage item.
Balconies to the rear would also have
potential noise and amenity impacts to
adjoining residents.
Ceiling Heights
2.7m min ceiling height
in habitable areas.
Yes
Complies.
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Control
Compliance
Comment
Internal Circulation
The number of units
accessible from a
single core/corridor
should be limited to
eight.
Yes
Complies.
Storage
Minimum storage
provision facilities:
1 bed: 6m³
2 bed: 8m³
3 bed: 10m³
(With minimum 50%
storage area located
within unit)
Vehicle Access
Driveway widths should
be limited to 6 metres
and located away from
pedestrian entries
Yes
Complies. Conditions are imposed to reinforce
the provision and allocation of storage
facilities.
Yes
The proposal utilises an existing driveway
located on Waterloo Street.
24.
Proposed amendments to SEPP 65 and to the RFDC were publically exhibited in
October 2014. The draft amendments to the SEPP and the Apartment Design
Guide (ADG), intended to replace the RFDC, were considered in the assessment
of this DA. The proposal in not inconsistent with the objectives of the draft
amendments and the nature of the controls relevant to this DA included in the ADG
are similar to those contained in the RFDC.
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
25.
A BASIX Certificate has been submitted with the development application.
26.
The BASIX certificate lists measures to satisfy BASIX requirements which have
been incorporated in the proposal. A condition is recommended ensuring the
measures detailed in the BASIX certificate are implemented.
State Environmental Planning Policy No 32—Urban Consolidation (Redevelopment
of Urban Land)
27.
SEPP 32 provides for the increased availability of housing within the inner city and
to assist in meeting the demand for housing close to employment, leisure and retail
opportunities.
28.
The proposed development of the site is consistent with the aims and objectives of
SEPP. The matters for consideration in determining DAs set out in Clause 11 of
the SEPP are addressed throughout this report.
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Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Deemed
SEPP)
29.
The site is located within the designated hydrological catchment of Sydney
Harbour and is subject to the provisions of the above SREP. The development is
consistent with the relevant objective of the REP to improve water quality. The
proposed landscaping to replace the 1970s infill building will increase permeable
surfaces, capture more stormwater and reduce the urban runoff.
Sydney LEP 2012
30.
The site is located in the B4 Mixed Uses zone. The proposed use is defined as a
mixed use development comprising a residential flat building and is permissible in
this zone.
31.
The relevant matters to be considered under Sydney Local Environmental Plan
2012 for the proposed development are outlined below.
LEP Compliance Table
Development
Control
4.3 Height of
Buildings
Compliance
No
Comment
A maximum height of 22m is permitted.
The existing building has a height of between
18m (Lacey Street) and 20m-24m (Kippax
Street).
A topmost height of 28m is proposed (to the top
of the screen enclosing plant).
The proposed height is considered acceptable.
Refer to the Issues section.
4.4 Floor Space
Ratio
No
A maximum FSR of 3.5:1 is permitted.
The existing building has a FSR of 4.6:1. The
proposal has a FSR of 4.5:1.
The proposed FSR is considered acceptable.
4.6 Exceptions to
development
standards
Yes
The proposal seeks to vary the development
standards prescribed under Clauses 4.3
(Height) and Clause 4.4 (FSR)
5.9 Preservation of
trees or vegetation
Yes
The proposal will have no adverse impact on
existing trees.
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Development
Control
5.10 Heritage
conservation
Compliance
Yes
Comment
The site was recently heritage listed (LEP
Amendment 11, in force from 29 August 2014).
It contains the former Ford Sherington luggage
factory which was constructed around 1912 in
the Federation Warehouse style. It is one of the
earliest twentieth century industrial buildings in
Surry Hills and has been associated with
manufacturing since its construction, initially
with luggage products and then from the 1960s
with the clothing trade. The site comprises the
original 1912 warehouse with a later 1923
addition along Kippax Street. The site also
comprises a 1970s addition at the rear which is
proposed to be demolished.
The site is not located in a conservation area
but the Little Riley Street conservation area is
located to the east of the site.
The proposal retains significant external
features of the building and amendments were
made to preserve additional heritage fabric
(discussed earlier in the report). The demolition
of the 1970s addition will expose the heritage
warehouse at the rear courtyard as well as
increase the courtyard’s size enabling the
warehouse to be better interpreted.
To enable as much heritage fabric to be visible,
the applicant was asked to investigate whether
existing timber beams and joists, significant
features of the warehouse, could be left
exposed. Residential development requires
specific fire separation and in order to expose
beams and joists, self-supporting fire rated
concrete slabs would need to be constructed.
Structural advice was provided that the existing
timber columns and footings would not be able
to support the additional load from the concrete
slabs. While the joists cannot be left exposed,
heritage fabric in other areas of the building will
become accessible with the proposed retail
uses.
A Conservation Management Plan has been
prepared which outlines conservation works to
be undertaken. Associated conditions are
imposed. The proposal, including the rooftop
addition, is considered to have acceptable
heritage impacts and is supported.
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Development
Control
Division 4 Design
excellence
Compliance
Complies
Comment
Outside Central Sydney, developments that will
result in a building having a height greater than
25m are subject to a competitive design
process. Under Clause 6.21(6), a competitive
process is not required if the consent authority
considers that such a process would be
unreasonable or unnecessary. In this instance,
a competitive process is considered
unnecessary as the development:
•
•
•
•
is limited to an addition of between 1 and 2
storeys with a maximum height of 26.2m to
the top of the addition and 28m to the top of
plant screening. The plant screening will
have limited visibility from the public domain
being set back around 15m from the Kippax
Street frontage and 4.5m-6m from the Lacey
Street frontage;
results in a reduction of floor area;
is not considered to have adverse impacts
on adjoining properties or the public domain
(discussed in detail in the Issues section);
and
while the addition will be visible, it does not
significantly alter the building’s appearance
from the public domain.
While a competitive process is not considered
necessary for the reasons listed above, the
development must still exhibit design
excellence. The matters for consideration in
determining whether a development exhibits
design excellence set out in 6.21(4) have been
considered. The proposal is of a high
architectural design standard adopting a form,
massing, materials and finishes appropriate to
the heritage warehouse. The proposed
development, as amended and discussed
throughout this report, satisfies the
requirements of this provision.
Conditions have also been recommended
requiring the incorporation of public art in the
development, in accordance with the
requirements of the City’s Public Art in Private
Developments Policy. Art work has been
proposed on the eastern wall of 117 Kippax
Street with indicative images included in the
photomontages. Conditions are included in the
recommendation.
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Development
Control
Compliance
Comment
Part 7 Local provisions—general
Division 1 Car parking
Yes
Parking proposed complies with the maximum
number of spaces permitted.
7.14 Acid Sulphate
Soils
Yes
The site is identified as containing class 5 Acid
Sulphate Soil. No further investigations are
required.
7.20 Development
requiring preparation
of a DCP (or Stage 1
DA)
Yes
As the site is located outside Central Sydney
and will result in a building with a height greater
than 25m, a DCP (or a Stage 1 DA) would
normally be required. However, as the proposal
is for an addition (not a new building) and does
not increase the gross floor area of the existing
building, the clause does not apply.
Sydney DCP 2012
32.
The relevant matters to be considered under Sydney Development Control Plan
2012 for the proposed development are outlined below.
2. Locality Statements – Surry Hills Central
The site is located in the Surry Hills Central locality. The proposal is considered to be
in keeping with the unique character of the area and design principles in that it
provides active frontages along Kippax Street and responds to the scale and form of
the heritage item and adjoining conservation area.
3. General Provisions
Development
Control
3.1 Public Domain
Elements
Compliance Comment
Yes
Conditions are recommended in relation to
public domain improvements adjoining the
site and public art.
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Development
Control
3.2 Defining the
Public Domain
Compliance Comment
Yes
Active street frontages are provided to Kippax
Street with finished levels that relate to the
site topography. Awnings are provided to
building entries on Kippax Street that
maintain 1.2m from the kerb to allow street
tree planting. The vertical clearance of the
eastern-most awning on Kippax Street has a
vertical clearance between 2.5m and 2.8m
(sloping site) which is less than the 3.2m
required under the DCP. As the width of the
awning is limited to the width of the opening
(2.7m) and the location of the awning does
not raise safety concerns, the shortfall is
considered acceptable in this instance.
Conditions are recommended in relation to
light reflectivity.
3.5 Urban Ecology
Yes
The proposed development does not involve
the removal of any trees and will not
adversely impact on the local urban ecology.
3.6 Ecologically
Sustainable
Development
Yes
The proposal will not have unacceptable
impacts on the environment and satisfies
BASIX requirements.
3.7 Water and Flood
Management
Yes
Standard conditions have been imposed in
regard to stormwater management.
3.8 Subdivision,
Strata Subdivision
and Consolidation
Yes
The proposal includes strata and stratum
subdivision, however, subdivision is subject to
separate applications. Amendments that have
been made to the DA will necessitate
amendments to the strata plans. Conditions
are recommended in relation to subdivision.
3.9 Heritage
Yes
The existing building is heritage listed and a
conservation area is located to the east. The
amended proposal is considered to have
acceptable heritage impacts, as discussed
earlier in the report.
3.10 Significant
Architectural Building
Types
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Development
Control
3.11 Transport and
Parking
Compliance Comment
Yes
Residential and Retail Parking
The proposed number of parking spaces
complies with the maximum permitted under
the LEP.
The parking is provided in an existing and
approved car park (in the basement of 117
Kippax) which was constructed around 1969.
As a result, not all spaces and turning circles
are likely to comply with all of the current
relevant Australian Standards and a large
number of “small spaces” are proposed. The
car park is currently operational and was
inspected as part of the assessment.
Relevant conditions are recommended,
including conditions relating to small car
spaces. The certifying authority may
determine that amendments are required to
achieve or improve compliance in which case
a section 96 application may be required to
reconfigure parking arrangements.
Car Share
Two car share space are proposed and
appropriate conditions are recommended.
Bicycle Parking
One space for each residential unit and 5
spaces for residential visitors are required.
Six (6) spaces are required for the
retail/commercial uses plus 11 spaces for
visitors.
Each unit is provided a storage area which
accommodates a bicycle. Twenty (20) visitor
spaces are provided on the ground floor with
separate provision for secure bicycle spaces
and facilities to be provided within the
services area to be shared amongst the
retail/commercial tenants. Conditions are
recommended.
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Development
Control
Compliance Comment
Service Vehicle Parking
Four service vehicle parking spaces are
required (1 for the residential use and 3 for
the commercial/retail uses). Four service
spaces are provided, accessed from Waterloo
Street. A small rigid vehicle (SRV) can be
accommodated in the loading area and a
turntable is provided ensuring vehicles can
enter and exit the site in a forward direction. It
is noted that a SRV parked in the loading
dock area utilising the turntable will block
access to the 4 adjacent service vehicle
spaces. The traffic report submitted states
that deliveries will be coordinated and
Conditions also require that the loading dock
be available to residents for removal trucks
and deliveries.
Motorcycle Parking
The DCP requires 1 space for every 12 car
parking spaces provided (4 spaces are
required). 8 spaces are provided. As the DCP
does not set maximum rates for motorcycle
spaces, this is acceptable. A condition is
included to ensure those spaces are allocated
across resident, non-resident and visitor
uses.
Accessible Parking
One space is required for each adaptable
unit. The development provides 10 accessible
spaces and 10 adaptable units. Conditions
are recommended to require accessible
spaces to be allocated to adaptable dwellings
in the strata plan in accordance with the DCP.
3.12 Accessible
Design
Yes
Ten adaptable units (22%) are provided.
3.13 Social and
Environmental
Responsibilities
Yes
The proposed development provides
adequate passive surveillance through its
lower level retail and commercial uses and is
generally designed in accordance with crime
prevention through environmental design
(CPTED) principles.
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Development
Control
3.14 Waste
Compliance Comment
Yes
The development provides suitable waste
servicing and collection areas in accordance
with DCP requirements. This is also
discussed in the table below.
4. Development Types
4.2 Residential Flat, Commercial and Mixed Use Developments
Development
Control
4.2.1 Building height
Compliance Comment
No
A maximum 6 storeys is permitted.
The existing building is mostly 4 storeys on
Lacey Street and 5-6 storeys on Kippax
Street.
With the proposed rooftop addition, the
building will present as 6 storeys to Lacey
Street and 7 storeys to Kippax Street. Both
the existing and proposed heights vary on
account of the part 1 / part 2 storey addition
as well as the sloping site.
The proposed height is supported having
regard to the site’s context. The adjoining
building to the west (117 Kippax) is 9 storeys.
82-92 Cooper to the south is 8 storeys with a
street frontage height of 7 storeys at the
boundary with the site on Lacey Street. The
addition is contained below the height of
those adjoining buildings and has acceptable
heritage impacts.
Height is discussed in detail in the Issues
section.
Floor to ceiling heights
The existing warehouse has high floor to
ceiling heights providing good amenity for
residents. In the existing building, proposed
floor to ceiling heights vary from 3m to 3.4m.
In the rooftop addition, 2.7m floor to ceiling
heights (minimum required) are proposed
which are supported as these reduce the
overall height of the addition.
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Development
Control
Compliance Comment
The lower level commercial/retail tenancies
have floor to ceiling heights of between 3.5m
and 3.7m.
4.2.2 Building
setbacks
Yes
4.2.3 Amenity
Partial
compliance
The height of the existing building to the
parapet forms the street frontage height. The
addition is set back 3m from the parapet in
accordance with the control.
Solar Access
Solar access to apartments has been
considered under the SEPP 65 / RFDC
discussion.
The proposal is largely neutral in relation to
overshadowing impacts to surrounding
residential properties. To the south (82-92
Cooper Street), some decrease in
overshadowing results from the demolition of
the 1970s addition. There is also a minor
increase to overshadowing of one window at
9.00am which is considered acceptable.
Lightwells
Half of the apartments have bedrooms that
rely solely on voids for access to light and air
which is generally not permitted under the
DCP. This occurs for the most of the
apartments with frontage to Kippax Street.
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Development
Control
Compliance Comment
Given the constraints of the adaptive reuse of
a heritage item, some flexibility is reasonable.
In this instance, the amenity otherwise
provided to those apartments is very good.
Those apartments have a northern
orientation, receive good solar access to
living areas, have high floor to ceiling heights
(between 3.1m and 3.4m) and are large
apartments. The affected 1 bedroom
apartments are between 14m2 and 21m2
larger than the minimum required 50m2. The
affected 2 bedroom apartments are between
54m2 and 77m2 larger the minimum required
70m2. In addition, the voids provide a
pleasant outlook to the landscaped courtyard
and have been designed to minimise visual
and acoustic privacy impacts.
It is noted that the proposal was amended to
delete 3 similarly configured apartments, but
with poorer solar access on account of their
ground level location. Their deletion improves
the overall residential amenity of the
development.
“In-board” bedrooms
A number of bedrooms rely on borrowed light
and air as they are located between 5m and
7m from a window. While “in-board”
bedrooms are generally not supported, in this
instance it is reasonable to provide some
flexibility having regard to similar reasons
listed above, including:
•
•
•
•
the heritage constraints of the
building;
that configuration being limited to 6 of
the 45 apartments;
those apartments being larger than
the minimum required size by
between 9m2 and 13m2; and
those apartments having generous
floor to ceiling heights of between
3.1m and 3.4m (or between 400mm
and 700mm higher than the
minimum).
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Development
Control
Compliance Comment
Those bedrooms have been designed to
access light and air through a louvred
opening (spanning the length of the wall)
above 2.4m glazed walls all the way up to the
ceiling. A condition has been imposed
requiring that those bedrooms be constructed
in accordance with the details submitted.
Internal Common Areas
The DCP requires common corridors to be a
minimum 2m in front of lifts. Internal common
corridors are 2.2m wide. Corridors, lift lobbies
and internal common areas have an outlook
to landscaping and access to air. The area
immediately adjacent to the lift on level 1,
which connects residents to the car park, is
1.5m wide however the main corridor width
increases to 2.4m. While it would be difficult
to manoeuvre large items out of this lift, the
loading dock provides direct lift access to all
apartments and is available for furniture
deliveries and the like.
Landscaping, Deep Soil and Common Open
Space
Landscaping has been considered under the
SEPP 65 / RFDC discussion. In addition to
the landscaped internal courtyard and roof
garden, a multi-purpose room for residents is
provided at the ground level.
Private Open Space and Balconies
Seven of the 45 apartments include
balconies. To preserve the integrity of the
heritage item, it is preferable in this instance
that not all apartments include balconies.
Precluding balconies to the internal courtyard
also reduces potential noise and overlooking
impacts to adjoining residents.
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Development
Control
Compliance Comment
Acoustic Privacy, Ventilation and Outlook
Conditions address acoustic privacy
requirements and 71% of apartments are
cross ventilated. All apartments have
acceptable outlooks. Views from existing
residential development is discussed in detail
in the Issues section.
Dwelling Mix
The proposed dwelling mix is provided below
and complies with the requirements of the
DCP:
•
•
•
•
3 x studios (7%)
15 x 1 bed (33%)
19 x 2 bed (42%)
8 x 3+ bed (18%)
It is noted that some apartments contain large
studies that are capable of being used as
bedrooms. The above mix and the
assessment is based on those rooms being
bedrooms.
4.2.4 Fine grain,
architectural diversity
and articulation
Yes
The rooftop addition is part 1 and part 2
storeys. It responds to the slope of the site
with the two storey element sited to reduce its
impact and overall height. The addition was
amended to better respond to the masonry
façade of the warehouse and incorporate
more solid mullions and deeper reveals to
control solar access and privacy.
4.2.6 Waste
minimisation
Yes
Given the constraints of the site with a
heritage item, Council garbage trucks are
unable to enter and exit the site in a forward
direction. The proposal was amended to
provide a bin holding room for residential
waste collection from Waterloo Street.
Separate areas for residential and
commercial waste are provided as well as a
bulky goods store for large discarded
residential items. Commercial waste will be
collected internally from the loading area and
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Development
Control
4.2.7 Heating and
Cooling Infrastructure
Compliance Comment
Yes
Where possible the DCP requires that heating
and cooling infrastructure be consolidated
into a centralised basement location to
facilitate building maintenance and to future
proof residential buildings for future
environmental technologies. Centralised
areas on the roof have been nominated for air
conditioning plant, at the southern boundary
along the boundary wall of 82-92 Cooper
Street. Access for maintenance is provided
from the floor below.
4.2.8 Letterboxes
Able to
comply
Letterboxes can be accommodated within the
residential lobbies. Conditions are
recommended.
4.2.9 Non-residential
development in the
B4 Mixed Uses zone
Able to
comply
The proposed non-residential uses on the
lower levels are supported. They will activate
the streetscape, provide access to the
heritage item and are considered compatible
with the surrounding mixed use area. Those
uses will be the subject of future DAs where
matters such as noise and operating hours
will be assessed. Conditions are
recommended.
It is noted that the ‘first use’ provisions of the
Commercial and Industrial Alterations Code in
SEPP (Exempt and Complying Development
Codes) 2008 do not apply as the site is a
heritage item.
ISSUES
Height
33.
A maximum height of 22m is permitted under Clause 4.3 of the LEP.
34.
The existing height of the building is between 19.7m-24m on Kippax Street and
18m-18.5m on Lacey Street.
35.
The extent of the non-compliance with the height control varies on account of the
site’s two main street frontages as well as the site’s topography which varies
considerably. Along the site’s Kippax Street frontage, the site falls 5.5m from east
to west as can be seen in Figure 4 earlier in the report.
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36.
12 MAY 2015
On Kippax Street, measured to the top of the rooftop addition, the proposal has a
height of between 23.2m and 26.2m and is over the control by between 1.2m and
4.2m. The addition is set back 3m from the parapet in accordance with the
controls. Measured to the top of plant and lift overrun, the topmost height is
between 25m and 28m. On Kippax Street, plant and lift overrun areas are located
around 15m from the parapet of the existing warehouse. Refer to Figures 37 and
38 below.
Figure 37: Kippax Street elevation with the LEP permitted height shown shaded. Refer
below to Figure 38 for inset of roof addition.
Figure 38: The varying height of the rooftop addition including plant areas. The plant areas
shown with a topmost height of between 25m and 28m are located around 15m from the
Kippax Street frontage.
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37.
12 MAY 2015
On Lacey Street, measured to the top of the rooftop addition, the proposal has a
height of between 22m and 22.8m and is mostly contained within the height
control. The exceedance is generally limited to the north-east corner of the site.
Measured to the top of plant and lift overrun, the topmost height is between 23.3m
and 24m. Plant areas are located between 4.4m and 5.8m from the existing
parapet. Refer to Figure 39 and 40 below.
Figure 39: Lacey Street elevation with the LEP height control shown shaded. Refer below
to Figure 40 for inset of roof addition.
Figure 40: The varying height of the rooftop addition including plant areas. The plant areas
shown with a topmost height of between 23.3m and 24m are located between 5.8m and
4.4m from the Lacey Street frontage, respectively.
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Figure 41: South elevation with LEP height control shown shaded.
Figure 42: Roof plan showing the distances between plant areas and the street frontages.
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38.
The applicant is relying on Clause 4.6 of the LEP to vary the height development
standard of 22m up to a maximum of 28m. Clause 4.6 allows Council to vary
development standards in certain circumstances.
39.
The objectives of Clause 4.6 are to:
40.
41.
(a)
provide an appropriate degree of flexibility in applying certain development
standards to particular development; and
(b)
to achieve better outcomes for and from development by allowing flexibility in
particular circumstances.
Clause 4.6(3) requires a written request from the applicant that seeks to justify the
contravention by demonstrating:
(a)
that compliance is unreasonable or unnecessary in the circumstances of the
case; and
(b)
that there are sufficient planning grounds to justify the contravention.
The applicant has submitted a written statement justifying the proposed variation
on the following grounds:
(a)
the design of levels 5 and 6 have been skilfully integrated into the existing
building to minimise visual impact when viewed from a public street and have
been strategically positioned so that there is minimal adverse impacts by way
of shadow, amenity and privacy on adjoining developments;
(b)
from an urban design perspective, the addition sits well within the natural
built form height plane created by the buildings either side of it;
(c)
the substantial set back from the parapet of the existing building such that
there is negligible visual impact from the public views from the surrounding
streets;
(d)
the addition to the 1912 building only exceeds the height of the existing roof
by a minor amount to ensure key existing view corridors are maintained, view
sharing principles are demonstrated and impacts to private views from
surrounding properties are minimised. The addition of the green roof and the
large scale artwork to the existing blank wall are measures that contribute to
the improvement of the existing views as a balance for any impact;
(e)
the creation of the sculptural landscaped void in the place of the existing
building mass to be removed provides for a highly improved outlook for the
vast majority of surrounding users;
(f)
the removal/demolition of the existing building mass of the 1970s rear
addition also improves the solar access to the residential apartments to the
south;
(g)
the demolition of the rear of the existing building and installation of the
sculptural landscaping also improves privacy for the surrounding users
through the increased separation between the buildings;
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(h)
the demolition of the rear of the existing building also improves amenity and
separation / ventilation for the surrounding users;
(i)
the proposal design has no adverse shadow impacts; and
(j)
the proposal is composed predominantly of existing building form and fabric.
New building fabric contributes to the history of the site’s adaptive reuse
while sitting unobtrusively from a built form perspective. New work has been
designed to be visually recessive and subservient to the original building
fabric allowing an easy and simple reading of the older buildings.
42.
Clause 4.6(4)(a)(i) requires the consent authority to be satisfied that the applicant’s
request has adequately addressed the matters required to be demonstrated by
Clause 4.6(3), set out above. In addition, Clause 4.6(4)(a)(ii) requires the consent
authority to be satisfied that the proposed development will be in the public interest
because it is consistent with the objectives of the height development standard and
the B4 Mixed Use zone.
43.
The relevant objectives of the height development standard are:
44.
45.
(a)
to ensure the height of development is appropriate to the condition of the site
and its context;
(b)
to ensure appropriate height transitions between new development and
heritage items and buildings in heritage conservation areas;
(c)
to promote the sharing of views; and
(d)
to ensure appropriate height transitions from Central Sydney and Green
Square Town Centre to adjoining areas.
The objectives of the B4 Mixed Uses zone are to:
(a)
provide a mixture of compatible land uses;
(b)
integrate suitable business, office, residential, retail and other development in
accessible locations so as to maximise public transport patronage and
encourage walking and cycling; and
(c)
ensure uses support the viability of centres.
The proposed variation is supported. Compliance with the height development
standard is considered unnecessary in the circumstances of the case and
considered to meet the requirements of Clause 4.6(3) and (4) as follows:
(a)
the proposal is consistent with the objectives of the height development
standard in that it is considered to be appropriate having regard to the site’s
context;
(b)
the proposal is consistent with the scale and form of surrounding
development and is acceptable in the context of adjoining buildings which are
8 and 9 storeys. The proposed is not inconsistent with the desired future
character of the locality;
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46.
12 MAY 2015
(c)
the proposed height, including rooftop plant, is contained below the height of
the two immediately adjoining buildings;
(d)
the largest area of non-compliance is from the screening to plant areas. On
Kippax Street, these areas are set back from the façade by around 15m
reducing their visibility from the public domain. The visibility of plant areas on
Lacey Street is also reduced on account of the narrowness of that street;
(e)
the proposed addition does not have negative impacts to the heritage item.
The heritage inventory sheet accompanying the recently listed building
envisages a one storey addition set back from the Kippax and Lacey Street
facades which would also breach the height control for the site;
(f)
the proposal does not obstruct iconic or significant views. A comprehensive
view impact analysis has been undertaken and discussed in more detail
below;
(g)
the proposal does not overshadow public open space and has minimal
overshadowing impacts to residential development (being limited to one
window); and
(h)
the proposal is consistent with the objectives of the B4 Mixed Use zone as it
provides a compatible land use within an accessible location.
For the reasons outlined above, the proposed development is considered to be
appropriate and it is recommended that an exception under Clause 4.6 be granted
to the height development standard.
Floor Space Ratio (FSR)
47.
A maximum FSR of 3.5:1 is permitted under Clause 4.4 of the LEP.
48.
The existing building has a FSR of 4.6:1 (7,147.3m2). The proposal reduces the
GFA by 175.5m2 resulting in a FSR of 4.5:1 (6,971.8m2).
49.
Notwithstanding that the proposal results in a reduction in FSR on the site, as it still
exceeds the control, a request to vary the FSR development standard has been
submitted in accordance with Clause 4.6 of the LEP.
50.
Strict compliance is considered unnecessary in this instance. Having regard to the
zone and FSR objectives, the proposal is considered to meet the requirements of
Clause 4.6 and the variation is supported as:
(a)
the FSR is reduced;
(b)
the built form is considered appropriate having regard to site context and
heritage impacts (as discussed throughout this report);
(c)
the removal of the 1970s addition reduces building bulk, the overall FSR and
improves the amenity and outlook of surrounding residents; and
(d)
the proposed FSR is consistent with the zone objectives and the objectives
of the development standard. The built form is not inconsistent with the
desired future character of the locality and is not considered to result in
adverse impacts.
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117 Kippax Street
51.
117 Kippax Street, which forms part of the overall development site, has an
existing FSR of approximately 7.08:1. Like the subject site, a maximum FSR of
3.5:1 also applies to that site.
52.
As part of this DA, an existing loading dock on Kippax Street is proposed to be
changed to a small retail tenancy. In addition, a resident storage area is also
proposed. The retail tenancy and storage area add approximately 63m2 of GFA to
that building, increasing the FSR of that building to 7.15:1.
53.
As above, a request for a Clause 4.6 variation has been submitted. The proposed
variation is supported as strict compliance is unnecessary in this instance, as:
(a)
the proposed additional GFA arises from converting loading areas to a retail
area and storage area. The addition of a retail tenancy at the street improves
the streetscape and activates Kippax Street consistent with the desired future
character for the area;
(b)
the additional floor area is contained within the envelope of the existing
building;
(c)
the small size of the tenancy will ensure the intensity of the use does not
result in amenity impacts to surrounding occupiers; and
(d)
the proposal is consistent with the zone objectives and the objectives of the
development standard.
Views and Amenity of Adjoining Residents
54.
Two submissions have raised concern about view loss:
(a)
one submission is from an apartment in 82-92 Cooper Street; and
(b)
one submission is from 16-18 Waterloo Street and is concerned about the
loss of views from a rooftop terrace.
55.
Both properties were visited as part of the DA assessment and each submission is
discussed below.
56.
An aerial map showing the properties is provided below for ease of reference. In
addition to the images included below, Attachment B also contains view impact
analysis images for all residential levels of 82-92 Cooper Street and 16-18
Waterloo Street.
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Figure 43: Aerial map showing the site and adjoining properties.
82-92 Cooper Street
57.
82-92 Cooper Street is a mixed use building containing 6 residential levels with 97
apartments. One submission from a north facing apartment on level 6 was received
and that apartment was visited in January 2015. Concern was raised that the
proposal will adversely impact the north and north east district view of residents on
level 6 and 7. It is noted that no submissions were received from level 7 (top floor).
Privacy concerns were also raised. Images of level 6 and a typical floor plan are
included below. Level 6 is also shown at Figure 13 earlier in the report.
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Figure 44: Most apartments on Level 6 (shown boxed) have a northern outlook over the
subject site. The 1970s addition is shown in the foreground.
Figure 45: A typical residential floor plan of 82-92 Cooper Street. The apartments shown
boxed have an outlook to or over the subject site.
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58.
12 MAY 2015
As shown above at Figure 45, a typical floor contains 16 apartments and 4 of those
apartments have an outlook to the rear of the subject site, either to the north to and
over the subject site or to the west towards 16-18 Waterloo Street.
Figure 46: Existing view over the subject site from the balcony of a Level 6 apartment of
82-92 Cooper Street, generally looking north.
Figure 47: Existing view over the subject site from the balcony of a Level 6 apartment of
82-92 Cooper Street, looking north-east
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Figure 48: A stitched together image to show the overall view from the Level 6 apartment.
59.
The view impact assessment submitted with the DA included a view analysis from
Level 6 and rated the visual impact from the proposal as low-medium. Following
the site visit of the apartment by City staff, additional view impact analysis was
requested from the applicant to include “after” images of the outlook from Level 6.
The view impact analysis is provided below and is representative of the average
view from Level 6.
Figure 49: Existing view, Level 6.
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Figure 50: Proposed view, Level 6.
60.
Figures 51 to 53 below include an overlay to show the permissible height envelope
compared to the existing and proposed view. The extent of the visual impact
arising from the portion of the proposal that exceeds the height control is shown
hatched.
Figure 51: Existing view with 22m height control plane shown shaded.
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Figure 52: Proposed outlook with 22m height control shown shaded.
Figure 53: Area identified as visual impact shown hatched.
16-18 Waterloo Street
61.
16-18 Waterloo Street is a 9 storey residential flat building containing 16
apartments and a roof terrace. Two (2) apartments are located on each floor with 1
of those having an easterly aspect towards the subject site. The building is not
strata subdivided.
62.
Submissions by and on behalf of the building owner raised concerns about view
loss from the roof terrace. Concerns were also raised about amenity and heritage
impacts. In relation to view impacts, the submission is concerned that the proposal
would totally obscure the distant north-east and east views from the roof terrace.
Images of the site, the roof terrace and a typical floor plan are included below. The
roof terrace can also be seen at Figure 13 earlier in the report.
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Figure 54: The roof terrace enjoys an outlook over the subject site in an easterly direction.
Figure 55: Lower levels of 16-18 Waterloo Street. That building is located 9.7m from the
1970s addition (measured to the blank wall).
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Figure 56: There are two apartments on each floor of 16-18 Waterloo Street with a total of 8
having an easterly outlook to the subject site (shown boxed).
Figure 57: Roof terrace of 16-18 Waterloo Street, which generally has an easterly outlook.
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Figure 58: Looking north-east from the roof terrace.
Figure 59: Looking south-east from the roof terrace.
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Figure 60: A stitched together image showing the overall outlook from the roof terrace
over the subject site.
63.
In relation to the nature of the use of the rooftop terrace, there has been some
uncertainty about whether the rooftop terrace is for the exclusive use of the two
apartments below (Units 15 and 16) or whether the rooftop is communal open
space. A planning assessment report for a pergola approved in 2010 (D/2010/787)
states that the open space at roof level is for Units 15 and 16. Also in 2010, a
Strata Plan was approved and allocates half the rooftop to each of the lots of Units
15 and 16. That Plan has not been registered with Land and Property Information
(LPI).
64.
In response to a request for clarification, City staff were advised by the building
owner that the rooftop is a communal terrace available to all 16 apartments.
Documentation from a real estate agent was also provided and includes the names
and signatures of each tenant confirming they each have access to the roof
terrace.
65.
The view impact assessment submitted with the DA included a view analysis from
the roof terrace and rated the visual impact from the proposal to the roof terrace as
low-medium. Similarly to 82-92 Cooper Street, following the site visit of the roof
terrace by City staff, additional view impact analysis was requested from the
applicant to include “after” images of the outlook from the roof terrace. That
additional view impact analysis is provided below.
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Figure 61: Existing view, roof terrace (above the 9th storey).
Figure 62: Proposed view, rooftop terrace.
66.
Figures 63 to 65 below include an overlay to show the permissible height envelope
compared to the existing and proposed view. The extent of the visual impact
arising from the portion of the proposal that exceeds the height control is shown
hatched.
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Figure 63: Existing view with 22m height control plane shown shaded.
Figure 64: Proposed outlook with 22m height control shown shaded.
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Figure 65: Area identified as visual impact shown hatched.
Assessment and conclusion
67.
In assessing whether the view impacts are reasonable, consideration has been
given to the overall development including the improvements to the amenity and
outlook of all residents of both 16-18 Waterloo Street and 82-92 Cooper Street
from the demolition of the 1970s addition.
68.
The images below show the existing and proposed relationship between the
buildings and the subject site.
Figure 66: The existing distance between 16-18 Waterloo Street and the addition to be
demolished is 9.7m and 4.8m between 82-92 Cooper Street.
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Figure 67: Following the demolition of the 1970s addition, the separation between
adjoining buildings will be increased to over 20m (Level 1).
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Figure 68: The overall separation between the buildings generally remains the same for all
levels. On Level 4, 18m separation is maintained from the projecting room (balcony on
Level 5). Landscaping on lower levels is shown shaded.
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Figure 69: The existing 1970s addition to be demolished is shown on the left, viewed from
the right of way looking in a north-easterly direction. The image on the right shows the
1970s addition removed and the proposed internal landscaped courtyard.
69.
As shown in the view impact analysis images, the proposal will result in some
impact to the outlook of the Level 6 apartment of 82-92 Cooper Street and the roof
terrace of 16-18 Waterloo Street. The outlook currently enjoyed by both properties
is over the subject site and is amenity partially borrowed from another property.
70.
In considering whether those impacts are reasonable, the planning principle on
views established by the Land and Environment Court in Tenacity Consulting v
Warringah [2004] NSWLEC 140 has also been considered. The planning principle
sets out four steps in determining whether view impacts are reasonable:
71.
(a)
Step 1: the assessment of the views to be affected;
(b)
Step 2: from what part of the property are the views obtained;
(c)
Step 3: assess the extent of the impact; and
(d)
Step 4: assess the reasonableness of the proposed causing the impact.
In this case, it is considered that the impacts are reasonable as:
(a)
there are no planning controls that protect views or outlooks enjoyed from
private developments over other private developments. The DCP, at
4.2.3.10, states that views and outlooks from existing residential
development should be considered in the site planning and massing of new
development. As shown at Figures 66 to 69 above, the demolition of the
1970s addition will significantly improve the outlook of all adjoining
apartments, particularly those at the lower levels;
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(b)
of the 32 apartments that have an outlook to the rear either to or over the
subject site (including both 82-92 Cooper Street and 16-18 Waterloo Street
apartments) only one submission was received raising concerns about view
loss from a private apartment;
(c)
on balance, the impacts to one apartment and one roof terrace are
considered reasonable having regard to the benefits to all apartments from
the demolition of the 1970s addition that will:
(i)
increase separation from the adjoining buildings;
(ii)
improve the outlook of all apartments that will now look on to a larger
void space with landscaping; and
(iii)
increase daylight.
(d)
the views affected are not water or iconic views and comprise an outlook to
treetops, tops of buildings, buildings in the distance and the sky;
(e)
the proposed height is appropriate in the 8/9 storey context of adjoining
development;
(f)
the impact is not considered unreasonable as a development that complied
with the height control would also affect views to buildings in the distance,
treetops and tops of building. In most areas a complying development would
only retain more sky views. Refer to Figures 51 and 63;
(g)
the outlook currently enjoyed from the level 6 apartment and from the roof
terrace will not be entirely affected. In addition to buildings in the distance
remaining visible and treetops from the roof terrace, a large open aspect and
an outlook to the sky will be maintained. Refer to Figures 50 and 62;
(h)
the two storey element of the rooftop addition has been sited towards the
north-east corner to reduce view impacts to apartments on levels 6 and 7 of
82-92 Cooper Street. From these levels, views to the north to the tops of
some buildings will remain visible;
(i)
the amenity to residents from the roof terrace at 16-18 Waterloo Street is
mostly derived from its size and openness. It is a large and uncovered space
that provides seating and BBQ facilities for residents. The visibility of the
addition will not reduce its overall amenity; and
(j)
none of the affected apartments in 16-18 Waterloo Street have existing
views. All those apartments will benefit from the proposal as their primary
outlook is to the 1970s addition which will be demolished and replaced in part
with landscaping.
Riley Street terraces
72.
While not in relation to view impacts, one submission raised concerns about the
visibility of the rooftop addition from the rear of heritage-listed terraces located on
Riley Street as well as from streets to the east of the site including Little Riley
Street, in the precinct between Sophia and Kippax Streets. Concern was also
raised that the addition does not maintain the visual harmony between heritage
items (being the subject site and the Riley Street terraces).
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73.
12 MAY 2015
The relationship between the Riley Street terraces and the site is shown below at
Figures 70 and 71. A photo included in the submission which shows the subject
site as viewed from the rear of one of the Riley Street terraces is also included
below (Figure 73).
Figure 70: The site and the Riley Street terraces.
Figure 71: Looking east on Kippax Street towards the Riley Street terraces.
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Figure 72: Rear of the Riley Street terraces from Little Riley Street.
Figure 73: Subject site viewed from one of the terraces in the 401-411 Riley Street row
(photo included in submission).
74.
The Riley Street terraces are three storeys and considerably elevated on account
of the topography. While the addition will be visible from the rear of these terraces
this in itself is not considered to be a negative impact on the heritage item, the
Riley Street terraces or the Little Riley Street conservation area to the east. As
viewed from this direction and height, the addition is contained within the height of
adjoining buildings and does not impact on views enjoyed by private properties or
diminish the heritage character of those terraces or the conservation area.
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75.
12 MAY 2015
At street level immediately surrounding the site, the addition will not be prominent
as it has been set back 3 metres from both Kippax Street and Lacey Street. The
addition will become more visible at street level further east and north-east along
Kippax Street and Little Riley Street as this is the highest point of Kippax Street.
While the addition will also be visible from the corner of Little Riley Street and
Sophia Street, that view is predominantly over an undeveloped allotment currently
used for carparking. Refer to Figure 30 earlier in the report. Notwithstanding,
whether or not that site is developed in the future, the visibility of the proposed
addition is not considered to detract from the setting or integrity of the heritage
items.
Other Impacts of the Development
76.
The proposed development is capable of complying with the BCA. It is Class 2
(residential), Class 6 (restaurant), Class 5 (office) and Class 7a (car parking).
77.
As discussed throughout this report, it is considered that the proposal will have no
significant detrimental effect relating to environmental, social or economic impacts
on the locality, subject to appropriate conditions being imposed.
Suitability of the site for the Development
78.
The proposal is of a nature in keeping with the overall function of the site. The
premises are in a mixed use surrounding and amongst similar uses to that
proposed. The suitability of the site for the proposed development has been
discussed throughout this report.
INTERNAL REFERRALS
79.
The application was referred to Council’s:
(a)
Specialist Surveyor;
(b)
Specialist Health Surveyor;
(c)
Heritage Architect;
(d)
Urban Designer;
(e)
Building Services Unit;
(f)
Public Domain Unit;
(g)
Development Engineer;
(h)
Tree Unit;
(i)
Landscape Architect;
(j)
Waste Unit;
(k)
Section 94 Contributions Planner;
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80.
(l)
Strategy and Economic Development Unit; and
(m)
Transport and Access Unit.
12 MAY 2015
Concerns raised about aspects of the development have been addressed
throughout this report. Conditions recommended for inclusion have been
incorporated into the conditions.
EXTERNAL REFERRALS
Notification, Advertising and Delegation (Submissions Received)
81.
In accordance with Schedule 1 the Sydney DCP 2012, the proposed development
is required to be notified and advertised. As such, the application was notified and
advertised for a period of 28 days between 13 October and 11 November 2014. As
a result of this notification, 5 submissions were received.
82.
Submissions from and on behalf of two properties raised concerns about view loss.
Those submissions have been discussed in detail in the Issues section. The
balance of the issues raised in submissions is discussed below:
Height, FSR and variation to development standards
(a)
Inaccurate estimates of height contravention.
Response – The proposed height has been discussed in detail in the Issues
section and includes images showing the proposed heights in various
locations across the sloping site. The heights discussed throughout this
report are consistent with the height assumed to be correct in the
submission.
(b)
Non-compliance with the objectives of the height development standard as
the height is not appropriate to the conditions of the site or context. The
impact of the proposal far exceeds the impact of a complying scheme.
(c)
Non-compliance with the objectives of the FSR development standard as the
FSR has a bearing on height and impacts including impacts to views.
(d)
Non-compliance with the objectives of Clause 4.6 (Exceptions to
Development Standards) of the LEP as: the degree of flexibility sought is far
beyond what is reasonable given the impacts to 16-18 Waterloo Street, 8292 Cooper Street and the heritage warehouse; and, it does not achieve
better outcomes from the development as a result of those impacts.
Response – The proposed height and FSR, while above the controls, is
considered acceptable in the site’s context and this has been discussed in
detail in the Issues section. The request to vary the controls under Clause
4.6 has also been discussed in detail in the Issues section. The additional
impacts from the areas of the addition that exceed the permissible height
plane have been quantified by the applicant in the additional view impact
analysis. Those images are included in the Issues section. On balance, the
proposed impact from the non-complying height is acceptable when
considered against the benefits of the proposal and the demolition of the
1970s addition. The objectives of Clause 4.6 are considered to have been
met.
SURRY HILLS
11093004
SUB-COMMITTEE
12 MAY 2015
Heritage
(e)
Proper weight has not been given to the impacts to the heritage warehouse.
The addition will be a prominent element of the addition and the impact can
be minimised by the deletion of the seventh storey (Level 6).
(f)
The proposed addition is contrary to the recommended management of the
building under the heritage inventory which says that consideration may be
given to an additional level (not two) above the existing roof. Any additional
floors are considered to have a negative visual impact from and between the
various heritage items in the area, including from the heritage listed row of
Victorian terraces at 401-411 Riley Street.
Response – The addition is part 1 storey and part 2 storeys and has been
set back from Kippax and Lacey Streets to minimise impacts on the
building’s heritage integrity and the streetscape. The 2 storey portion of the
addition is sited to respond to the site’s topography and adjoining buildings.
The addition is not considered to be contrary to the recommendations for the
management of the heritage item and is supported by Council’s Heritage
Specialist.
The visibility of the proposal from the rear of Riley Street terraces has been
addressed in the Issues section.
(g)
Suitability of the proposed artwork on the western wall of 117 Kippax Street
in the heritage conservation area. Consideration should be given to a
horizontal garden instead.
Response – The site is not located in a conservation area and while it is
visible from the Little Riley Street conservation area to the east, it does not
detract from the heritage item or the locality but provides visual interest to an
otherwise blank wall. It is noted that the artwork is indicative and conditions
require approval of the final design prior to its installation.
Other
(h)
Concern about noise and traffic impacts to surrounding businesses including
from ground level restaurant/retail spaces.
Response – Separate DAs are required for specific uses and fitouts of the
proposed retail premises, food and drink premises and commercial premises.
At that time matters such as operating hours and noise impacts will be
assessed. Notwithstanding, the site is located in a mixed use area and it is
considered that residential, retail and commercial uses can be
accommodated without adverse impacts to the area. In relation to traffic
impacts, the proposal utilises existing parking and vehicle access points and
loading will be contained within the site.
SURRY HILLS
11093004
SUB-COMMITTEE
(i)
12 MAY 2015
Concerns about privacy from the rooftop addition to level 6 of 82-92 Cooper
Street.
Response – Privacy impacts from apartments in the rooftop addition to the
north are mitigated by their distance from 82-92 Cooper Street, being 28m
away. To the east, as the openings of the rooftop addition are perpendicular
to the openings of 82-92 Cooper Street, it is considered that these oblique
sightlines in themselves prevent direct overlooking. A condition has been
included to require a privacy treatment to the external terrace proposed at
level 5 which projects into the courtyard / void space.
(j)
No objection so long as no amendments are made after the DA has been
approved. In particular, the removal of the 1970s addition must proceed to
address sunlight and privacy to existing apartments that currently face the
lightwell. In addition, the lightwell garden must be incorporated.
Response – The removal of the 1970s addition and the landscaped
treatment of the courtyard form a major part of the proposal and are reflected
on the plans recommended for approval and in the consent conditions.
Council cannot fetter the applicant’s ability to make an application to modify
the consent under Section 96 of the Environmental Planning and
Assessment Act. If such an application is made, it would be notified in
accordance with DCP requirements and be assessed having regard to the
planning controls as well as the original consent.
PUBLIC INTEREST
83.
It is considered that the proposal will have no detrimental effect on the public
interest, subject to appropriate conditions being proposed.
FINANCIAL IMPLICATIONS/S94 CONTRIBUTION
Section 94 Contributions
84.
The development is subject to a Section 94 Contribution of $817,000 (rounded)
based on 45 residential apartments and 64 workers (43 retail workers and 21 office
workers [GFA based]).
85.
Under the Development Contributions Plan 2006, a credit for the existing workforce
population is applicable which would reduce the contribution payable. Section 4.16
of the Contribution Plan sets out how workforce occupancy rates should be
calculated. Under the Plan, it is preferred that actual worker numbers are used to
calculate credits and new contributions.
86.
The applicant has sought a credit of $720,000 (rounded) based on an existing
workforce population of 397 workers. Details submitted in support of that credit
include a list of building tenants and lease details. The applicant has calculated a
worker population of 397 adopting the following land use categories:
(a)
293 workers - Older Style Office Building (circa pre 1970);
(b)
87 workers - Shops with a frontage to a street; and
SURRY HILLS
11093004
SUB-COMMITTEE
(c)
87.
12 MAY 2015
17 workers - Older Style Industrial Building (circa pre 1960) used for
wholesale/retail.
The documentation submitted has been considered by Council’s Specialist Planner
Contributions as well as Council’s Strategy and Economic Development Team. The
methodology and land use categories adopted by the applicant to support the
credit sought are not supported for the following reasons:
(a)
the bulk of the credit sought arises from adopting the workspace ratio of an
“office building”. This is the densest employee per floor area category in the
Contributions Plan, calculated at 1 worker per 13m2. This is considered
incorrect as:
(i)
it ignores the type of industries (and respective employment) that has
typically occupied this warehouse (businesses in the creative industries
and wholesale fashion sector) and similar buildings in Surry Hills; and
(ii)
an “office building” are typically CBD office towers with tenants (and
therefore respective employee numbers) operating in finance,
professional and business services industries;
(b)
the building is currently occupied by various tenants, however the credit
sought is not based on actual workforce population but is based on floor area
and land use categories set out in the Contributions Plan. Under the Plan,
actual worker numbers should be used to calculate credits;
(c)
an existing worker population of 397 is grossly inconsistent with surveys
undertaken by Council. In the 2012 floor space and employment survey
(FES), a total of 61 workers were captured in the building. In the 2007 FES, a
total of 43 workers were counted; and
(d)
adopting a retail land use category (“Shops with a frontage to a street”) is
also considered inaccurate as those tenancies with street frontage do not sell
to the public (retail) but are wholesale which falls under a separate land use
category.
88.
In the absence of actual workforce numbers verified by supporting documentation,
the appropriate land use category to determine a credit for workers is “Older Style
Industrial Building (circa pre 1960) used for wholesale/retail”. This category is
calculated at 1 worker per 82.4m2. Applying this rate to the entire building, based
on an existing GFA of approximately 7,147m2, a credit of 87 workers would apply.
This is consistent with the latest FES data for the building (61 workers) and
considered to be more representative of the actual workforce than 397 workers.
89.
It is therefore recommended that contributions be levied for 45 apartments and 64
workers with a credit of 87 workers applied. This would reduce the contribution
from around $817,000 to $659,000. An appropriate condition is included.
RELEVANT LEGISLATION
90.
The Environmental Planning and Assessment Act 1979.
SURRY HILLS
11093004
SUB-COMMITTEE
12 MAY 2015
CONCLUSION
91.
The application proposes the adaptive reuse of a heritage-listed warehouse for a
mixed use development with 45 residential apartments and lower level retail and
commercial uses. A part one / part two storey rooftop addition is also proposed.
92.
The development proposes variations to the FSR and height development
standards. The variations are supported as the development is consistent in scale
and built form with surrounding development and will not detract from the
significance or integrity of the heritage item.
93.
Concerns raised by or on behalf of two adjoining landowners about view loss from
the rooftop addition have been considered in detail. On balance, those impacts are
considered reasonable given that for the majority of affected residents, their
outlook and amenity will significantly improve following the demolition of the 1970s
infill building and replacement with a landscaped courtyard.
94.
The proposal is recommended for approval, subject to conditions.
GRAHAM JAHN, AM
Director City Planning, Development and Transport
(Silvia Correia, Senior Planner)
SURRY HILLS
11093004

Development Application: 117 Kippax Street - City of Sydney

Transcription

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