Development Application: 16 O`Riordan Street

Transcription

MAJOR DEVELOPMENT ASSESSMENT
SUB-COMMITTEE
ITEM 11.
DEVELOPMENT
ALEXANDRIA
FILE NO:
D/2013/1871
APPLICATION:
DEVELOPMENT APPLICATION NO:
17 JUNE 2014
16
O'RIORDAN
STREET
D/2013/1871
SUMMARY
Date of Submission:
3 December 2013, amended drawings 7 March 2014
Applicant:
Architectural & Building Works Pty Limited
Architect:
Architectural & Building Works Pty Limited
Developer:
Valuesuites Property Green Square Pty Ltd
Owner:
Valuesuites Property Green Square Pty Ltd
Cost of Works:
$9,370,157
Proposal Summary:
Demolition of the existing factory and workshop and
construction of an 8 storey building for use as hotel
accommodation comprising of 100 rooms each with
bathroom facilities, foyer, managers flat, staff amenity
area and ground level car and bicycle parking. The
application also involves public domain improvement
works including the dedication of 38.04sqm of land to
Council and embellishment for footpath purposes.
The application was exhibited for a period of 21 days
and no submissions were received.
The proposed development is consistent with the core
development standards and zone objectives
contained in SLEP 2012. The development will
provide a fully commercial development in the
Business Development zone, and in time, will be able
to benefit from the future major centre, Green Square
Town Centre.
The proposed building complies with the built form
controls and adopts a scale and expression that
represents a higher density and form that is consistent
with the future vision for the area. Internally, the
building provides a sufficient level of amenity to the
hotel rooms, consistent with the controls and
objectives contained in SDCP 2012.
DEVELOPMENT APPLICATION: 16 O'RIORDAN STREET ALEXANDRIA
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Proposal Summary
(continued):
17 JUNE 2014
The proposal seeks to maximise the permitted floor
space on the land by providing community
infrastructure on and around the site. The application
was accompanied by a public benefit offer for land
dedication, embellishment of that land for a widened
footpath and a monetary contribution to be allocated
toward infrastructure within Green Square Town
Centre. A draft Planning Agreement has been
prepared to secure the provision of the community
infrastructure and the terms are currently being
finalised and it is expected to be placed on public
exhibition in the near future.
The application should not be determined by Council
until the Planning Agreement is exhibited for 28 days
and any submissions considered.
For this reason, the recommendation is for Council to
consider the merits of the proposal and delegate the
decision to determine the development application to
the Chief Executive Officer upon completion of the
Planning Agreement process.
Summary Recommendation:
It is recommended that delegation be given to the
Chief Executive Officer to determine the application
upon completion of the Planning Agreement process.
Development Controls:
(i)
State Environmental Planning Policy No 55—
Remediation of Land
(ii)
State Environmental Planning Policy No 64—
Advertising and Signage
(iii)
State Environmental Planning Policy 70
Affordable Housing (Revised Schemes)
(iv)
State Environmental Planning Policy
(Infrastructure) 2007
(v)
Sydney Local Environmental Plan 2012
(Gazetted 14 December 2012, as amended)
(vi)
Sydney Development Control Plan 2012 (in
force on 14 December 2012, as amended)
Developer Contributions:
(vii) City of Sydney Development Contributions Plan
2006
Affordable Housing Contributions:
(viii) Green Square Affordable Housing Program
(adopted 12 March 2012)
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Attachments:
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A - Architectural Drawings
B - Photomontages
C - Materials Schedule and Sample Board
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RECOMMENDATION
It is resolved that:
(A)
authority be delegated to the Chief Executive Officer (CEO) to determine
Development Application No. D/2013/1871, after:
(1)
(B)
if the CEO determines to approve the application, then consideration be given to
granting a deferred commencement consent pursuant to Section 80(3) of the
Environmental Planning and Assessment Act 1979, subject to the following:
(1)
(C)
the Planning Agreement is publicly exhibited and any submissions
considered.
That a Planning Agreement in accordance with the public benefit offer made
by Valuesuites Property Green Square Pty Ltd on 19 February 2014 and
placed on public exhibition be executed and submitted to Council.
in determining the application, the CEO consider the draft conditions of consent, as
shown in Part A and Part B below, and any other relevant conditions:
PART A - DEFERRED COMMENCEMENT CONDITIONS
(CONDITIONS TO BE SATISFIED PRIOR TO CONSENT OPERATING)
•
The consent is not to operate until the following condition is satisfied, within 24
months of the date of this determination:
(1)
PLANNING AGREEMENT
(a)
That a Planning Agreement in accordance with the public benefit offer
made by Valuesuites Property Green Square Pty Ltd on 19 February
2014 and placed on public exhibition be executed and submitted to
Council; and
(b)
The guarantee must be provided to Council in accordance with the
Planning Agreement at the time of execution; and
(a)
The payment of the monetary contribution must be provided to Council
in accordance with the Voluntary Planning Agreement; and
(c)
The Planning Agreement, as executed, must be registered on the title
of the land in accordance with the Planning Agreement.
•
Evidence that will sufficiently enable Council to be satisfied as to those matters
identified in deferred commencement conditions, as indicated above, must be
submitted to Council within 24 months of the date of this determination of this
deferred commencement consent failing which, this deferred development consent
will lapse pursuant to section 95(6) of the Environmental Planning and
Assessment Act 1979.
•
The consent will not operate until such time that the Council notifies the Applicant
in writing that deferred commencement consent conditions, as indicated above,
have been satisfied.
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•
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Upon Council giving written notification to the Applicant that the deferred
commencement conditions have been satisfied, the consent will become
operative from the date of that written notification, subject to the conditions of
consent, as detailed in Part B – Conditions of Consent (Once the Consent is in
Operation), and any other additional conditions reasonably arising from
consideration of the deferred commencement consent conditions:
PART B - CONDITIONS OF CONSENT
(ONCE THE CONSENT IS IN OPERATION)
Upon written confirmation from Council that the deferred commencement conditions
contained in Part A above have been satisfied, the consent will become operative from
the date of that written confirmation, subject to the following conditions of consent and
any other additional conditions reasonably arising from consideration of the deferred
commencement consent 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/2013/1871 dated 3 December 2013, amended on 7 March 2014 and
the following drawings:
Drawing
Number
Revision
Architect
Date
A-10
A-11
A-12
A-13
A-14
A-15
A-16
A-17
A-18
A-25
A-26
A-30
A-31
A-32
A-33
A-51
B
B
B
B
B
B
B
B
B
B
A
B
B
B
B
A
Architecture & Building Works
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
7 March 2014
and as amended by the conditions of this consent.
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(b)
(2)
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In the event of any inconsistency between the approved plans and
supplementary documentation, the plans will prevail.
DESIGN MODIFICATIONS
The design of the building must be modified as follows:
(a)
Relocate turntable further away from the car space by 100mm - 200mm
to reduce potential for collision if a vehicle is not parked well within the
lines or if a vehicle has a long rear overhang.
The modifications are to be detailed in the Construction Certificate
documentation.
(3)
DESIGN DETAILS (MAJOR DEVELOPMENT)
The design details of the proposed building facade including all external
finishes, colours and glazing must be in accordance with the materials
schedule and sample board and specifications prepared by Architecture &
Building Works submitted with the application dated 3 December 2013 and
amended on 7 March 2014.
(4)
DESIGN QUALITY EXCELLENCE
(a)
(b)
(5)
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.
FLOOR SPACE RATIO - ALL OTHER AREAS
The following applies to Floor Space Ratio:
(a)
The Floor Space Ratio for the residential use must not exceed 3.5:1
calculated in accordance with Sydney Local Environmental Plan 2012.
For the purposes of the calculation of FSR, the total Gross Floor Area
is 2545sqm.
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(b)
(6)
(7)
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Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification of the total Gross Floor Area in the
development, utilising the definition under Sydney Local Environmental
Plan 2012, applicable at the time of development consent, to the
satisfaction of the Principal Certifying Authority.
BUILDING HEIGHT
(a)
The height of the building must not exceed RL 36.8 (AHD) to the top of
the lift overrun and RL 36.7 (AHD) to the top of the building parapet.
(b)
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.
SYDNEY AIRPORT CORPORATION APPROVAL
An approval for the proposed height of the development shall be obtained
from Sydney Airport Corporation Limited in accordance with the Civil Aviation
(Building Control) Regulations 1988 prior to the issue of a Construction
Certificate.
(8)
(9)
USE - HOTEL ACCOMMODATION
(a)
The accommodation rooms in the building are to be used exclusively in
conjunction with the approved hotel
(b)
The site manager must be on site 24 hours a day.
(c)
The maximum permitted length of stay is 3 months.
(d)
Where accommodation is provided for more than 28 consecutive days,
no more than two adults and one child are permitted per room.
(e)
Individual, secure, lockable storage facilities of a minimum capacity of
0.6 cubic metres per person are to be provided in each hotel room.
(f)
No triple-tier bunks and cooking facilities are permitted in the hotel
rooms.
(g)
All doors and levels are to be accessed and controlled via a key card.
VISITOR AND TOURIST ACCOMMODATION - USE AND OPERATION
The use and operation of the premises must comply with the requirements of
Schedule 2 (Standards for Places of Shared Accommodation) of the Local
Government (General) Regulation, 2005 under the Local Government Act
1993, the Public Health Act, 2010 and regulations thereunder and Sydney
Development Control Plan 2012.
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(10) STRATA SUBDIVISION
The use of the accommodation rooms in the building is to be exclusively in
conjunction with the approved hotel and the consent does not give approval
for their separate use and occupation under Section 37 or 37A of the Strata
Schemes (Freehold Development) Act 1973.
(11) VISITOR AND TOURIST ACCOMMODATION - PLANS OF MANAGEMENT
Plans of Management must be submitted and approved by Council's Health
and Building Unit prior to an Occupation Certificate being issued. The Plans
of Management must include the minimum criteria as stipulated in Council’s
Sydney Development Control Plan 2012.
(12) ROAD WIDENING DEDICATION
(a)
Prior to the issue of an Occupation Certificate, the owners of the site
are to dedicate the 2.4m widening of O’Riordan Street for the full
frontage of the site to that Street, as public road vested in Council’s
ownership, in accordance with the registered Planning Agreement for
the development. The dedication is to be free of cost to Council and on
the understanding that the affected part of the site can be used in the
calculation of the floor area of the building and is to be defined and
dedicated to Council’s satisfaction.
(b)
A separate application is to be made to Council to obtain approval of
the Plan of Subdivision for the widening dedication and issue of the
Subdivision Certificate by Council under Part 4A of the Environmental
Planning and Assessment Act, 1979. The subdivision is exempt from
both Development Consent and a Section 73 Certificate from Sydney
Water.
(13) ROAD WIDENING CONSTRUCTION (SUBDIVISION WORKS)
(a)
Detailed civil works engineering design and construction plans for the
O’Riordan Street widening formation are to be submitted to Council and
approval gained prior to the issue of a Construction Certificate for those
works. The design and documentation is to include any approvals from
external parties such as public utility service authorities, if required, and
is to be in accordance with Councils’ civil works specifications and
Public Domain Manual.
(b)
The submission to Council is to provide plans and specifications
sufficient to describe in detail the design, scope and extent of all
proposed footway formation, drainage, and landscape works for the
construction of the road widening, prepared and certified by a
practicing Professional Engineer and/or Landscape Architect and is to
be fully coordinated with the approved public Domain plan for the
development and is to be submitted to Council’s Public Domain unit for
approval.
(c)
Council’s acceptance of completed Subdivision Work and issue of the
final Compliance Certificate will be subject to compliance with the
approved drawings, the specifications and Australian Standards and
submission of certified Works as Executed drawings.
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(14) CONSTRUCTION CERTIFICATE
A Construction Certificate is to be obtained from Council or an appropriately
accredited private certifier for the above subdivision work and submitted to
Council as the Principal Certifying Authority, prior to the commencement of
any such work on the site.
(15) PRINCIPAL CERTIFYING AUTHORITY
In accordance with the provisions of the Environmental Planning and
Assessment Act 1979, a separate application is to be made to Council’s
Public Domain unit and Council is to be formally appointed the Principal
Certifying Authority for the Subdivision Work, prior to the commencement of
any such work.
(16) SECTION 138 APPROVAL
Prior to the commencement of any work within the existing public way, a
separate application is to be made to Council for approval of those works
under Section 138 of the Roads Act 1993.
(17) COMPLETION OF SUBDIVISION WORKS
Prior to the issue of the Subdivision Certificate for the widening dedication,
the road widening works are to be completed in accordance with the
requirements and to the satisfaction of Council as the Principal Certifying
Authority.
(18) SECTION 94 SOUTHERN 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
$136,452.46
Public Domain
$102,500.23
New Open Space
$798,658.16
New Roads
$202,836.65
Accessibility
$8,412.84
Management
$9,096.22
Total
$1,257,956.56
The above payments will be adjusted according to the relative change in the
Consumer Price Index using the following formula.
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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
– March 2014
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.
(19) AFFORDABLE HOUSING CONTRIBUTION - GREEN
PAYMENT OF MONEY IN LIEU OF FLOOR SPACE
SQUARE
-
In accordance with Clause 7.13 of Sydney Local Environmental Plan 2012,
and prior to a Construction Certificate being issued, the applicant must
provide evidence that a monetary contribution towards the provision of
affordable housing has been paid at the office of the Department of Planning
or a bank guarantee in favour of The Department of Planning to the value of
the required contribution has been lodged. The contribution is $193,393.20
based on the in lieu monetary contribution rate for non-residential
development at $50.05 per square metre of total non-residential floor area
3864sqm. Contributions will be indexed in accordance with the formula set
out below.
Prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, the applicant must provide evidence that the bank
guarantee referred to above has been redeemed as payment of this
contribution. If the contribution is paid after the indexation period in which the
consent is granted (1 March 2014 to 28 February 2015), the amount of the
contribution will be indexed in accordance with the formula set out below.
Notes:
(a)
Applicants have two payment options:
Option 1 is payment by bank cheque using "Form B - Receipt to
Release Certificate of Construction after payment by Bank Cheque".
Form B must be obtained from the Green Square Project Team in the
City Strategy and Design Unit at the City of Sydney, and then must be
lodged with a bank cheque with the NSW Department of Planning.
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Option 2 is lodgement of a bank guarantee using "Form A - Receipt to
Release Certificate of Construction after lodgement of Bank
Guarantee". Form A must be obtained from the Green Square Project
Team in the City Strategy and Design Unit at the City of Sydney, and
then must be lodged with a Bank Guarantee with the NSW Department
of Planning.
Where Form A has been used, an occupation certificate will not be
released until payment by bank cheque using "Form C - Receipt to
Release Certificate of Occupancy after payment by Bank Cheque".
Form C must be obtained from the Green Square Project Team in the
City Strategy and Design Unit at the City of Sydney and then must be
lodged with a bank cheque with the NSW Department of Planning.
(b)
Applicants are made aware that the contribution amount quoted in this
condition may not be final and that a correct indexed affordable
housing contribution amount can be obtained from the relevant Form A,
B or C at time of payment.
(c)
Forms A, B or C for payment of the affordable housing contribution can
only be obtained from the City of Sydney, 456 Kent Street Sydney.
Quote the development application number and the relevant Council
officer will provide the applicant with an indexed contribution amount
which must be paid at the Department of Planning. To arrange
payment, contact the Housing Policy Team, NSW Department of
Planning on Ph: 9228 6111 or Fax: 9228 6455 to arrange a time for
payment.
(d)
The contribution will be indexed on the basis of the Established House
Price Index for Sydney as published by the Australian Bureau of
Statistics.
(e)
Contributions at Time of Payment = C x HPI2 / HPI1, where:
(i)
C is the original contribution amount as shown above;
(ii)
HPI2 is the Established House Price Index: All Groups Index for
Sydney available from the Australian Bureau of Statistics at the
time of the payment; and
(iii)
HPI1 is the Established House Price Index: All Groups Index for
Sydney available from the Australian Bureau of Statistics that
applied at the date of the consent 1 March 2014 to 28 February
2015.
The amount of the monetary contribution is calculated on the total floor
area (not a percentage of it). Contribution = (total residential floor area
sqm) x residential rate ($) + (total non-residential floor area (sqm) x
non-residential rate ($) + (total non-residential floor area (sqm) x nonresidential rate ($).
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(20) INSTALLATION OF DUAL-FLUSH TOILETS
All toilets installed within the development must be of water efficient dualflush capacity with at least a 4-star rating under the Water Efficiency and
Labelling Scheme (WELS). The details must be submitted for the approval
of the Certifying Authority, prior to a Construction Certificate being issued.
(21) INSTALLATION OF WATER EFFICIENT TAPS
All taps and shower heads installed must be water efficient with at least a 4star rating under the Water Efficiency and Labelling Scheme (WELS). The
details are to be submitted for the approval of the Certifying Authority, prior to
an Occupation Certificate being issued.
(22) INSTALLATION OF WATER EFFICIENT URINALS
New urinal suites, urinals and urinal flushing control mechanisms must use
waterless technology. Where it is submitted that this is not feasible, it must
be demonstrated that products have been selected with at least a 4-star
rating under the Water Efficiency and Labelling Scheme (WELS).. Systems
must include “smart controls” to reduce unnecessary flushing. Continuous
flushing systems are not approved. Details are to be submitted to and
approved by the Certifying Authority, prior to a Construction Certificate being
issued.
(23) SURVEILLANCE CAMERAS
(a)
CCTV surveillance cameras shall be strategically installed, operated
and maintained throughout the premises with particular coverage to:
(i)
principal entrance/s and exits;
(ii)
all areas within the premise occupied by the public (excluding
toilets);
(iii)
staircases in multilevel premises; and
(iv)
the area within a 10m radius external to the public entrance(s) to
the premise.
(b)
A quality visual monitor shall be installed on each level of the premise
to display clear live security CCTV footage of that area, to staff.
(c)
A quality visual monitor shall be located at the principal entrance
alerting patrons to the use of CCTV facilities.
(d)
Suitable and clearly visible signage shall be displayed at the principal
entrance(s) to the premise and in a prominent position on each floor
accessible to the public, in lettering not less than 50mm in height with
the words “Closed Circuit Television in use on these premises”.
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(e)
All CCTV recording equipment and cameras shall be of high grade
digital quality capable of establishing the population and identification
of patrons, offenders and incidents within the depth of field view of the
cameras. In this respect each surveillance camera shall be capable of
recording a minimum rate of 10 frames per second and at high
resolution.
(f)
CCTV recording discs or hard drive recordings shall be retained for 30
days before being re-used, destroyed or deleted. Time and date shall
be auto recorded on the disc or hard drive. The CCTV recording
equipment shall be capable of reproducing a CD, DVD or other
appropriate digital copy of recorded footage on demand of Council or
Police Officers either immediately or within 12 hours of the request
being made. Copy discs must be handed to Council, Police Officer or
Special Inspectors as required.
(g)
All CCTV recording devices and cameras shall be operated at all times
when the premises are open to the public and, where premises do not
operate 24 hours a day, continuously for at least 1 hour prior to
opening and closing times of the premises.
(h)
The CCTV recording device shall be secured within the premises and
only be accessible to senior management personnel so as to maintain
the integrity of the recorded footage. When the premises is operating
there must be at least one staff member present at the premises who is
authorised to access the CCTV system and able to immediately review
recordings and produce copies.
(i)
Camera views are not to be obstructed by temporary or permanent
structures, signage or other impediments.
(24) PHYSICAL MODELS
(a)
Prior to a Construction Certificate being issued, an accurate 1:500
scale model of the approved development must be submitted to
Council for the City Model in Town Hall House; and
(b)
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.
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(iii)
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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.
(25) SUBMISSION
OF
ELECTRONIC
CAD
MODELS
PRIOR
TO
CONSTRUCTION CERTIFICATE AND PRIOR TO OCCUPATION
CERTIFICATE
(a)
Prior to an Occupation Certificate being issued, a “as built” 1:1
electronic model, in accordance with the above requirements, of the
completed development must be submitted to Council for the electronic
City Model.
Note: The submitted model/data must be amended to reflect any
modifications to the approval (under section 96 of the Environmental
Planning and Assessment Act) that affect the location of any of the
underground services or structures and/or external configuration of
building above ground.
(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.
(26) SIGNS - SEPARATE DA REQUIRED
A separate development application for any proposed signs must be
submitted to and approved by Council prior to the erection or display of any
such signs (except for the sign approved under this application and exempt
or complying signs permitted under any relevant instrument).
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(27) 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 “Development Specification for Civil Works Design
and Construction”.
(28) BICYCLE PARKING
The layout, design and security of bicycle facilities either on-street or offstreet must comply with the minimum requirements of Australian Standard
AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities except
that:
(a)
all bicycle parking for staff / employees of any land uses must be
Class 2 bicycle facilities, and
(b)
all bicycle parking for visitors of any land uses must be Class 3 bicycle
rails.
(29) CAR PARKING SPACES AND DIMENSIONS
A minimum of one car-parking space is to be dedicated for pick-up / drop-off
(15 minute maximum).
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 - 2004 Parking facilities Part 1: Offstreet 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.
(30) CHANGES TO KERB SIDE PARKING RESTRICTIONS
A separate submission must be made to the Sydney 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 changes to
all signs and stems from the kerb line of the nearest intersection.
All costs associated with the changes to sign posting will be at no cost to
Council.
(31) 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.
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(32) LOADING WITHIN SITE
All loading and unloading operations associated with servicing the site must
be carried out within the confines of the site, at all times and must not
obstruct other properties/units or the public way.
(33) LOADING/PARKING KEPT CLEAR
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.
(34) LOCATION OF DRIVEWAYS
The access driveway for the site must not be closer than:
(a)
10 metres from the kerb line of the nearest cross street/lane.
(b)
20 metres from the kerb line of the nearest signalised cross street/lane.
(c)
1 metre from the property boundary of the adjacent site.
The details must be submitted to and approved by the Certifying Authority
prior to a Construction Certificate being issued.
(35) SERVICE VEHICLE SIZE LIMIT
The size of vehicles servicing the property must be a maximum length of 8
metres.
(36) SERVICE VEHICLES
Adequate space must be provided to allow manoeuvring and turning of the
different sized vehicles. The design, layout, signage, line marking, lighting
and physical controls for all service vehicles must comply with the minimum
requirements of Australian Standard AS 2890.2 – 2002 Off-Street Parking
Part 2: Commercial vehicle facilities. Details must be submitted to and
approved by the Certifying Authority prior to a Construction Certificate being
issued.
(37) 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.
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(38) 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.
(39) VEHICLE FOOTWAY CROSSING
A separate application is to be made to, and approved by, Council for the
construction of any proposed vehicle footway crossing or for the removal of
any existing crossing and replacement of the footpath formation where any
such crossings are no longer required.
All disused or redundant vehicle crossings and laybacks must be removed
and footway and kerb reinstated in accordance with Council’s standards, to
suit the adjacent finished footway and edge treatment materials, levels and
details, or as otherwise directed by Council officers. All construction and
replacement works are to be completed in accordance with the approved
plans prior to the issue of an Occupation Certificate.
Note: In all cases the construction materials should reinforce the priority of
pedestrian movement over that of the crossing vehicle.
(40) VEHICLE ACCESS
The site must be configured to allow a vehicle to be driven onto and off the
site in a forward direction.
(41) ACCESSIBLE PARKING SPACE
The design, layout, signage, line marking, lighting and physical controls of all
off-street accessible parking facilities must comply with the minimum
requirements of Australian Standard AS/NZS 2890.6 - 2009 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
(42) GREEN TRAVEL PLAN
A Green Travel Plan must be submitted to and approved by Council prior to
the Occupation Certificate for the site/use being granted.
Note: It is recommended the applicant contact a member of the Transport
and Access Unit, to discuss the Green Travel Plan with Council, prior to its
submission.
(43) BUS AND COACH ACCESS
Buses and Coaches are not to provide pick-up or drop-off services to the site
during the O’Riordan Street clearway period, which is currently between 6am
to 10am and 3pm to 7pm Monday to Friday (inclusive).
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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.
(44) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING
CLASSES)
Prior to the issue of a Construction Certificate, structural details and a
Structural Certificate for Design by a qualified practising structural engineer
and in accordance with Clause A2.2(a)(iii) of the Building Code of Australia
(applicable to class 2-9 building) and Clause 1.2.2(iii) of Volume 2 of the BCA
(applicable to Class 1 and 10 buildings) must be submitted to the satisfaction
of Council (where Council is the Certifying Authority).
(45) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(a)
Pursuant to Clause 98 of the Environmental Planning and Assessment
Regulation 2000, the proposed building work must comply with the
Building Code of Australia (BCA) including:
(i)
Structural provisions - Part B1;
(ii)
Fire resistance and stability - Part C1;
(iii)
Compartmentation and separation - Part C2;
Note:- attention is drawn to vertical separation of openings in
external walls
(iv)
Protection of openings - Part C3;
Note :- attention is drawn to the protection of openings in external
walls.
(v)
Provision for escape (access and egress) - Part D1,
Note :- attention is drawn to the point of discharge of the fire
isolated stairs.
(vi)
Construction of exits - Part D2;
(vii) Access for people with disabilities - Part D3;
Note :- attention is drawn to the provision of a representative
range of accessible rooms.
(viii) Fire fighting equipment - Part E1;
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(ix)
Smoke hazard management - Part E2;
(x)
Lift installation - Part E3;
(xi)
Emergency lighting, exit signs and warning systems - Part E4;
(xii) Damp and weatherproofing - Part F1;
(xiii) Sanitary and other facilities - Part F2;
(xiv) Room sizes - Part F3;
(xv) Light and ventilation - Part F4;
(xvi) Sound transmission and insulation - Part F5;
(xvii) Provision for cleaning windows NSW - Part G1.101
(xviii) Energy Efficiency - Part J;
(b)
If compliance with the deemed-to-satisfy provisions of the BCA and the
matters listed in condition (a) above 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. Prior to a
Construction Certificate being issued, the Certifying Authority must
ensure that the building complies with the Building Code of Australia.
(c)
The BCA matters identified in (a) above are not an exhaustive list of
conditions to verify compliance or non-compliance with the BCA. Any
design amendments required to achieve compliance with the BCA must
be submitted to Council. Significant amendments may require an
application under Section 96 of the Act to be lodged with Council to
amend this consent.
(46) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
A Fire Safety Certificate must be submitted to the Principal Certifying
Authority for all of the items listed in the Fire Safety Schedule prior to an
Occupation Certificate being issued. A copy of the Fire Safety Certificate
must be submitted to Council if it is not the Principal Certifying Authority.
(47) ANNUAL FIRE SAFETY STATEMENT FORM
An annual Fire Safety Statement must be given to Council and the NSW Fire
Brigade commencing within 12 months after the date on which the initial
Interim/Final Fire Safety Certificate is issued or the use commencing,
whichever is earlier.
(48) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved
by Council prior to a Construction Certificate being issued.
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(49) FOOTPATH DAMAGE BANK GUARANTEE
A Footpath Damage Bank Guarantee calculated on a total of 4 lineal metres
of the concrete site frontage must be lodged with Council in accordance with
the City of Sydney’s adopted Schedule of Fees and Charges. The Footpath
Damage Bank Guarantee 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 issue of a Construction
Certificate.
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.
(50) ALIGNMENT LEVELS
(a)
Prior to a Construction Certificate being issued, footpath alignment
levels for the building must be submitted to Council for approval. The
submission must be prepared by a Registered Surveyor and must be in
accordance with the City of Sydney's Public Domain Manual.
(b)
These alignment levels, as approved by Council, are then to be
incorporated into the plans submitted with the application for a
Construction Certificate, excluding a Construction Certificate for
approved preparatory, demolition or shoring work.
(c)
If a Public Domain Plan condition applies to the development the
Alignment Levels application must be made concurrently with the
submission of a Public Domain Plan.
(51) PUBLIC DOMAIN PLAN
Three copies of a detailed Public Domain Plan must be prepared by an
architect, urban designer or landscape architect and must be lodged with
Council’s Public Domain Section and be approved by Council prior to a
Construction Certificate being issued for any new building work (including
internal refurbishments) excluding approved preparatory, demolition or
shoring work.
The Public Domain Plan must be prepared in accordance with the City of
Sydney’s Public Domain Manual. If an Alignment Levels condition applies to
the development, the Public Domain Plan submission must be made
concurrently with the Alignment Levels application. The works to the public
domain are to be completed in accordance with the approved plan and the
Public Domain Manual before any Occupation Certificate is issued in respect
of the development or before the use commences, whichever is earlier.
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Note: A Public Domain Works Guarantee 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
Guarantee must be submitted as an unconditional bank guarantee in favour
of Council as security for completion of the obligations under this consent.
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 Road Opening Permit for works on the
public way being issued.
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.
(52) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a)
Prior to a Construction Certificate being issued for a new building work,
excluding approved preparatory, demolition and shoring work, a set of
hold points for approved public domain and civil construction work is to
be determined with and approved by the City's Public Domain section
in accordance with the City's Public Domain Manual.
(b)
Completion and handover of the constructed public domain works is to
be undertaken in accordance with the City's Public Domain Manual,
including requirements for as-built documentation, certification and
defects liability period.
(53) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted 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 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;
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(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.
(54) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
On-site detention, treatment and re-use is encouraged.
(a)
Prior to a Construction Certificate being issued, 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)
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 and prior to the
commencement of any work within the public way.
(c)
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.
(d)
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.
(e)
A Positive Covenant must be registered on the title for all drainage
systems involving On-site Detention (OSD) to ensure maintenance of
the approved OSD system regardless of the method of connection.
(55) 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.
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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).
(56) LAND REMEDIATION
(a)
The Sampling Analysis Quality Plan (SAQP) prepared by Aargus,
dated 19th February 2014, document number ES5641/3 must be
implemented and complied with after demolition of the existing
structures onsite and before any excavation underneath the ground
floor slab.
(b)
The Final Remediation Action Plan (RAP) must be devised following
results of the SAQP. The Final RAP must be peer reviewed by a NSW
EPA accredited Site Auditor and include a statement certifying that the
RAP is practical and the site will be suitable after remediation for the
proposed use. A copy of the Final RAP and statement from the NSW
EPA Accredited Site Auditor must be submitted to Council Health and
Building Unit South Team for review and written approval prior to any
excavation underneath the ground floor slab.
(c)
The site is to be remediated and validated in accordance with the Final
approved Remediation Action Plan.
(d)
Any variations to the proposed Remediation Action Plan shall be
approved in writing by a NSW EPA Accredited Site Auditor and Council
prior to the commencement of such work.
(e)
Prior to the exportation of waste (including fill or soil) from the site the
material should be classified in accordance with the provisions of the
Protection of the ‘Environment Operations Act 1997 and the NSW EPA
Environmental Guidelines Assessment, Classification and Management
of Non - Liquid Wastes’. 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 transporter 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.
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(57) SITE AUDIT STATEMENT
(a)
Prior to the execution of works associated with the built form of the
development (excluding building work directly related to remediation) a
Section A Site Audit Statement from a NSW EPA Accredited Site
Auditor is to be submitted to Council Health and Building Unit clearly
indicating that the site is suitable for the proposed use. Conditions on
the Site Audit Statement shall form part of the consent.
(b)
Note: Where the Site Audit Statement is subject to conditions that
require ongoing review by the Auditor or Council these should be
discussed with Council before the Site Audit Statement is issued.
(58) 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 Environmental Protection Authority, 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 Recovery Act 2001.
(d)
Work Health and Safety Act 2011
(e)
Work Health and Safety Regulation 2011
(59) IMPORTED WASTE DERIVED FILL MATERIAL
The only waste derived fill material that may be received at the development
site is:
(a)
Virgin excavated natural material (within the meaning of the Protection
of the Environment Operations Act 1997);
(b)
Any other waste-derived material the subject of a resource recovery
exemption under cI.51A of the Protection of the Environment
Operations (Waste) Regulation 2005 that is permitted to be used as fill
material.
Any waste-derived material the subject of a resource recovery exemption
received at the development site must be accompanied by documentation as
to the material's compliance with the exemption conditions and must be
provided to the Principal Certifying Authority on request.
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(60) CONTAMINATED WASTE
The generation, storage, transport, treatment or disposal of industrial,
hazardous or Group A liquid waste must be in accordance with the
requirements of the Protection of the Environment Operations Act 1997 and
the NSW Department of Environment and Conservation’s (DEC) waste
tracking requirements. For further information contact the Department of
Environment and Conservation (DEC) on 133 372.
(61) 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.
(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 Safely Remove Asbestos, Code of Practice
and the City of Sydney Asbestos Policy.
(d)
Standard commercially manufactured signs containing the words
“DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not
less than 400mm x 300mm are to be erected in prominent visible
positions on the site.
(e)
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 Part 6 of the City of Sydney’s Asbestos Policy.
(f)
No asbestos products are to be reused on the site (i.e. packing pieces,
spacers, formwork or fill etc).
(g)
No asbestos laden skips or bins are to be left in any public place
without the approval of Council.
(h)
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.
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The site notice board must include the following:
(i)
contact person for the site;
(ii)
telephone and facsimile numbers and email address; and
(iii)
site activities and time frames.
(62) WATER POLLUTION
No wastewater, chemicals or other substances harmful to the environment
shall be permitted to discharge to Council's stormwater system. Only clean,
unpolluted water is permitted to discharge into the stormwater system.
(63) CONNECTION TO SEWERS OF SYDNEY WATER CORPORATION
Wastewater arising from the use must be directed to the sewers of the
Sydney Water Corporation (SWC) under a Trade Waste License Agreement.
The pre-treatment of wastewater may be a requirement of the Corporation
prior to discharge to the sewer. Details of the Corporation’s requirements
should be obtained prior to the commencement of construction work.
(64) DUST MANAGEMENT
All reasonable and feasible steps must be taken to ensure that dust from
activities conducted on site is kept to a minimum. This includes the covering
and wetting down of disturbed soils.
All dust control measures outlined in Section 8 of Construction &
Environmental Management Plan, prepared by Green Square Consortium
Pty Ltd, revision A, 22nd August 2013 shall form part of this consent.
(65) NOISE USE – GENERAL
(a)
The emission of noise associated with the operation of any mechanical
plant and equipment shall comply with the following criteria:
(i)
The LAeq, 15minute noise level emitted from the use must not
exceed the background noise level LA90, 15minute by more than
5dB when assessed at the boundary of any affected residence.
(ii)
The LAeq, 15minute noise level shall be adjusted for modifying
factors in accordance with Appendix 2 of the Noise Guide for
Local Government published by DECCW.
(iii)
The background noise level shall be measured in the absence of
noise emitted from the use in accordance with Australia Standard
AS 1055.1-1997-Description and measurement of environmental
noise.
(iv)
The use of the premises shall be controlled so that any emitted
noise is at level so as not to create an “offensive noise” as
defined in the Protection of the Environment Operations Act
1997.
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Internal residential amenity
(b)
An LAeq,15minute noise level emitted from the use must not exceed
the LA90, 15minute 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 provided that:
(i)
Where the LA90, 15minute 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 - Normal EqualLoudness-Level Contours then the value of Tf corresponding to
that Octave Band Centre Frequency shall be used instead.
(ii)
The LAeq,15minute noise level and the LA90,15minute noise
level shall both be measured with all external doors and windows
of the affected residence closed;
(iii)
The LA90,15minute noise level shall be measured in the absence
of noise emitted from the use but with the (excluding airconditioning equipment) normally servicing the affected residence
operating.
Commercial premises
(c)
An LAeq,15minute noise level emitted from the use must not exceed
the LA90, 15minute noise level by more than 3dB in any Octave Band
Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside
any commercial premises provided that;
(i)
The LAeq,15minute noise level and the LA90,15minute noise
level shall both be measured with all external doors and windows
of the commercial premises closed;
(ii)
The LA90,15minute noise level shall be measured in the absence
of noise emitted from the use but with the ventilation equipment
(including air-conditioning equipment) normally servicing the
commercial premises operating.
(iii)
The use of the premises shall be controlled so that any emitted
noise is at a level so as not to create an "offensive noise" as
defined in the Protection of the Environment Operations Act 1997
to any affected residence.
(iv)
In this clause, the term “noise level emitted from the use” means
the contributing noise level from the use in isolation to any other
ambient noise and account must therefore be taken of the
LAeq,15minute when the use is not in operation.
(v)
In circumstances where this development application refers to a
modification or addition to an existing use, the background noise
level referred to in this clause pertains to the LA90, 15-minute
noise level measured in the absence of all noise from the site.
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(66) USE OF INTRUSIVE APPLIANCES - TIME RESTRICTION
(a)
The operation of high noise intrusive plant and machinery such as pile–
drivers, rock breakers and hydraulic hammers and those which are not
listed in Groups B, C, D, E or F of Schedule 1 of the City of Sydney
Code of Practice for Construction Hours/Noise 1992 and Australian
Standard 2436-2010 "Guide to Noise Control on Construction,
Maintenance and Demolition Sites is restricted to the hours of:
(i)
9:00am -12:00pm and 1:00 pm– 4:30pm Mondays to Friday
(ii)
9:00am – 1:00pm on Saturdays
(iii)
No work is permitted on Sundays or Public Holidays
(b)
All reasonable and feasible steps must be undertaken to ensure that
the work, including demolition, excavation and building complies with
the City of Sydney Code of Practice for Construction Hours/Noise 1992
and Australian Standard 2436- 2010 'Guide to Noise Control on
Construction, Maintenance and Demolition Sites'.
(c)
All reasonable and feasible steps must be taken to ensure that noise
levels from activities conducted on site are kept to a minimum including
the adoption of less noise intrusive plant and equipment or
technologies.
(67) COMPLIANCE WITH ACOUSTIC REPORT
All recommendations contained in the Acoustic Report prepared by Acoustic
Solutions P/L, 16 O’Riordan Street, Alexandria, reference No: 2013-481, 18th
November 2013 must be implemented during construction and use of the
premises, including the following:
(a)
The Principal Certifying Authority (PCA) shall obtain a statement from
appropriately qualified acoustic consultant 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, certifying that the acoustic
mitigation measures outlined in the above stated report have been
suitably incorporated into the development and that relevant noise
criteria have been satisfied prior to issue of Occupational Certificate.
(68) INTRUDER ALARM
Intruder alarm/s associated with the development must operate only in
accordance with the requirements of Clause 53 of the Protection of the
Environment Operations (Noise Control) Regulation 2008 under the
Protection of the Environment Operations Act, 1997.
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(69) NOISE CONTROL VERIFICATION
An Acoustic Verification Report must be submitted to the Council Health and
Building Unit South Team prior to Construction Certificate from an accredited
acoustic consultant 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 outlining all
central services mechanical plant and equipment installed within the
development.
The report must also confirm that resultant operational noise levels from the
mechanical plant and equipment are in compliance with the “Noise Use General” condition which forms part of this consent when operating to
maximum capacity at the most noise sensitive time of the day.
(70) MECHANICAL VENTILATION
(a)
The premises must be ventilated in accordance with the Building Code
of Australia and AS1668.1-1998 and AS1668.2-1991.
(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.
(71) 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.
(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:
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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.
(d)
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.
(72) GARBAGE ROOM
The garbage room is to be constructed in accordance with City of Sydney’s
policy for Waste Minimisation in New Developments and the BCA. The floor
of the garbage room is to be drained to a floor waste connected to the
sewer. The floor waste is to consist of a removable basket within a fixed
basket arrestor and is to comply with Sydney Water requirements. A constant
supply of water is to be available within the vicinity.
(73) WASTE AND RECYCLING COLLECTION,
DOCK AREA
DELIVERIES & LOADING
The collection of waste, recycling and or deliveries (to include use of loading
dock) must only occur between 7.00am and 8.00pm weekdays and 9.00am
and 5.00pm weekends and public holidays, to avoid noise disruption to the
surrounding area.
Garbage and recycling must not be placed on the street for collection more
than half an hour before the scheduled collection time. Bins and containers
are to be removed from the street within half an hour of collection.
(74) CAR PARK VENTILATION
The car park must be ventilated in accordance with the Building Code of
Australia and, where necessary, Australia Standard AS1668, Parts 1 and 2.
Ventilation must be controlled by carbon monoxide monitoring sensors to
ensure compliance with occupant health requirements.
(75) FUTURE FOOD USE - MECHANICAL VENTILATION PROVISION
The approved mechanical exhaust systems are to be designed to be capable
of accommodating exhaust requirements for all ground floor retail tenancies
in accordance with relevant Australia Standards, in order to allow for the
event that any of the tenancies are approved for future use by food premises
or other uses which require mechanical exhaust. Any exhaust system
servicing an area where food is being cooked must discharge exhaust air at
roof level.
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(76) COMMUNITY CONSULTATION
(a)
The applicant must ensure that before any works are commenced, an
appropriate level of community consultation has been carried out with
surrounding noise sensitive receivers.
This should include the
submission of a suitable and readily contactable site contact should
any complaints or other issues arise during construction hours.
Complaint logs shall be kept outlining the details of any complaint
received together with the investigative and corrective actions taken in
response to that complaint. The logs must be made available to the
City on request.
(b)
The applicant must provide a contact telephone number to the
Managers of the City Rangers and the Manager of Health & Building for
the Site Manager or other suitable person who will be readily
contactable onsite at all times whilst any works are carried out, and
whom may be contacted should any complaints concerning offensive
noise and vibration be received.
(77) 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.
(78) DEMOLITION/SITE RECTIFICATION
The following conditions apply to the development:
(a)
Demolition or excavation must not commence until a Construction
Certificate has been issued for construction of the substantive building.
(b)
Prior to the Construction Certificate being issued, documentary
evidence must be provided to Council that the owner of the site has
entered into a Deed with Council, the cost of preparation and execution
of such Deed (including stamp duty and registration fees) to be borne
by the applicant, which contains such conditions as the Council
reasonably requires to ensure the matters set out in this condition are
adequately provided for.
(c)
Without limiting the generality of paragraph (b), the Deed must provide
for:
(i)
a bank guarantee to be provided in the sum of $181,925.00 as
security for the costs of such works provided that:
a.
the maximum liability under the Deed must not exceed
$181,925.00; and
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the Council may accept a lesser amount as security if
substantiated by detailed design and Quantity Surveyor
costing for works which meet the objectives of the
condition.
Council to be given sufficient contractual rights to be able to
ensure that in any of the following events namely:
a.
demolition of the existing building has commenced but not
been completed;
b.
the existing building has been demolished; or
c.
the site has been excavated; or
d.
the erection of the structure has commenced;
that it, or any person authorised by it, may enter the site and
carry out such works at the cost of the applicant (or such other
person as the consent authority may approve) as may be then
appropriate in the circumstances in each of the abovementioned
events, to:
e.
make the building safe and of an appearance acceptable to
Council at ground level;
f.
allow the ground level to be landscaped and of an
appearance acceptable to Council from any public vantage
point; or
g.
for the hole to be covered to allow it to be landscaped and
made attractive from any public vantage-point; or
h.
in the event that the new building is constructed beyond the
ground floor, to allow any hoardings to be removed and the
ground floor development to be completed to a tenantable
stage;
AND to call on such bank guarantee to cover the cost thereof.
(d)
If the site is commenced to be developed and there is suspension in
activity for 6 months (or suspensions of activity which in the aggregate
exceed 6 months), resulting in a building site which has an appearance
not acceptable to Council, then the Council will have the readily
enforceable rights to:
(i)
require certain works including but not limited to those works
necessary to achieve the results referred to in sub-clause (c) (ii)e
– h to take place on the site; and
(ii)
in the event of default, have the right to enter and carry out these
works and to call upon security in the nature of a bank guarantee
to cover the cost of the works.
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The Deed may provide for the release of the Bank Guarantee at such
time that the Final Occupation Certificate for the approved development
is issued. If the approved development also relates to works to existing
buildings, the relevant Final Occupation Certificate is the one that
relates to that part of the approved development which involves the
demolition and new construction.
(79) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(a)
(b)
Prior to the commencement of demolition and/or excavation work the
following details must be submitted to and be approved by the Principal
Certifying Authority:
(i)
Plans and elevations showing distances of the subject building
from the location of adjoining and common/party walls, and
(where applicable) the proposed method of facade retention.
(ii)
A Demolition Work Method Statement prepared by a licenced
demolisher who is registered with the Work Cover Authority. (The
demolition by induced collapse, the use of explosives or on-site
burning is not permitted.)
(iii)
An Excavation Work Method Statement prepared by an
appropriately qualified person.
(iv)
A Waste Management Plan for the demolition and or excavation
of the proposed development.
Such statements must, where applicable, be in compliance with
AS2601-1991 Demolition of Structures, the Occupational Health and
Safety Act 2000 and Regulation; Council’s Policy for Waste
Minimisation in New Developments 2005, the Waste Avoidance and
Resource Recovery Act 2001, and all other relevant acts and
regulations and must include provisions for:
(i)
A Materials Handling Statement for the removal of refuse from
the site in accordance with the Waste Avoidance and Resource
Recovery Act 2001.
(ii)
The name and address of the company/contractor undertaking
demolition/excavation works.
(iii)
The name and address of the company/contractor undertaking off
site remediation/disposal of excavated materials.
(iv)
The name and address of the transport contractor.
(v)
The type and quantity of material to be removed from site.
(vi)
Location and method of waste disposal and recycling.
(vii) Proposed truck routes, in accordance with this development
consent.
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(viii) Procedures to be adopted for the prevention of loose or
contaminated material, spoil, dust and litter from being deposited
onto the public way from trucks and associated equipment and
the proposed method of cleaning surrounding roadways from
such deposits. (Note: With regard to demolition of buildings, dust
emission must be minimised for the full height of the building. A
minimum requirement is that perimeter scaffolding, combined
with chain wire and shade cloth must be used, together with
continuous water spray during the demolition process.
Compressed air must not be used to blow dust from the building
site).
(ix)
Measures to control noise emissions from the site.
(x)
Measures to suppress odours.
(xi)
Enclosing and making the site safe.
(xii) A certified copy of the Public Liability Insurance indemnifying
Council for $10,000,000 against public prosecution for the
duration of the demolition works.
(xiii) Induction training for on-site personnel.
(xiv) Written confirmation that an appropriately qualified Occupational
Hygiene Consultant has inspected the building/site for asbestos,
contamination and other hazardous materials, in accordance with
the procedures acceptable to Work Cover Authority.
(xv) An Asbestos and Hazardous Materials Clearance Certificate by a
person approved by the Work Cover Authority.
(xvi) Disconnection of utilities.
(xvii) Fire Fighting. (Fire fighting services on site are to be maintained
at all times during demolition work. Access to fire services in the
street must not be obstructed).
(xviii) Access and egress. (Demolition and excavation activity must not
cause damage to or adversely affect the safe access and egress
of the subject building or any adjacent buildings).
(xix) Waterproofing of any exposed surfaces of adjoining buildings.
(xx) Control of water pollution and leachate and cleaning of vehicles
tyres (proposals must be in accordance with the Protection of the
Environmental Operations Act 1997).
(xxi) Working hours, in accordance with this development consent.
(xxii) Any Work Cover Authority requirements.
(c)
The approved work method statements and a waste management plan
as required by this condition must be implemented in full during the
period of construction.
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(80) DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(a)
Subject to the receipt of permission of the affected landowner,
dilapidation report/s, including a photographic survey of the adjoining
properties are to be prepared by an appropriately qualified structural
engineer prior to commencement of demolition/excavation works. A
copy of the dilapidation report/s together with the accompanying
photographs must be given to the above property owners, and a copy
lodged with the Certifying Authority and the Council prior to the issue of
a Construction Certificate.
UPON COMPLETION OF EXCAVATION/DEMOLITION
(b)
A second Dilapidation Report/s, including a photographic survey must
then be submitted at least one month after the completion of
demolition/excavation works. A copy of the second dilapidation
report/s, together with the accompanying photographs must be given to
the above property owners, and a copy lodged with the Principal
Certifying Authority and the Council prior to the issue of an Occupation
Certificate.
Any damage to buildings, structures, lawns, trees, sheds, gardens and
the like must be fully rectified by the applicant or owner, at no cost to
the affected property owner.
Note: Prior to the commencement of the building surveys, the
applicant/owner must advise (in writing) all property owners of buildings
to be surveyed of what the survey will entail and of the process for
making a claim regarding property damage. A copy of this information
must be submitted to Council.
(81) EROSION AND SEDIMENT CONTROL - BETWEEN 250 AND 2,500SQM
Prior to the commencement of demolition/excavation/construction work, an
Erosion and Sediment Control Plan (ESCP) must be submitted to and be
approved by the Principal Certifying Authority. The ESCP must:
(a)
Conform to the specifications and standards contained in Managing
Urban Stormwater: Soils and Construction (Landcom, 2004); the
Guidelines for Erosion and Sediment Control on Building Sites (City of
Sydney, 2004); and the NSW Protection of the Environment Operations
Act 1997.
(b)
Include a drawing(s) that clearly shows:
(i)
location of site boundaries and adjoining roads
(ii)
approximate grades and indications of direction(s) of fall
(iii)
approximate location of trees and other vegetation, showing
items for removal or retention
(iv)
location of site access, proposed roads and other impervious
areas
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(v)
existing and proposed drainage patterns with stormwater
discharge points
(vi)
north point and scale
Specify how soil conservation measures will be conducted on site
including:
(i)
timing of works
(ii)
locations of lands where a protective ground cover will, as far as
is practicable, be maintained
(iii)
access protection measures
(iv)
nature and extent of earthworks, including the amount of any cut
and fill
(v)
where applicable, the diversion of runoff from upslope lands
around the disturbed areas
(vi)
location of all soil and other material stockpiles including topsoil
storage, protection and reuse methodology
(vii) procedures by which stormwater is to be collected and treated
prior to discharge including details of any proposed pollution
control device(s)
(viii) frequency and nature of any maintenance program
(ix)
other site-specific soil or water conservation structures.
(82) 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 in a public
place and such application is to include:(i)
Architectural, construction and structural details of the design in
accordance with the Policy for the Design and Construction of
Hoarding (September 1997) and the Guidelines for Temporary
Protective Structures (April 2001).
(ii)
Structural certification prepared and signed by an appropriately
qualified practising structural engineer.
Evidence of the issue of a Structural Works Inspection Certificate and
structural certification will be required prior to the commencement of
demolition or construction works on site.
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Assessment of the impacts of construction and final design upon the
City of Sydney’s street furniture such as bus shelters, phone booths,
bollards and litter bins and JCDecaux street furniture including kiosks,
bus shelters, phones, poster bollards, bench seats and littler bins. The
applicant is responsible for the cost of removal, storage and
reinstallation of any of the above as a result of the erection of the
hoarding. In addition, the applicant is responsible for meeting any
revenue loss experienced by Council as a result of the removal of
street furniture. Costing details will be provided by Council. The
applicant must also seek permission from the telecommunications
carrier (e.g. Telstra) for the removal of any public telephone.
(b)
Should the hoarding obstruct the operation of Council’s CCTV
Cameras, the applicant must relocate or replace the CCTV camera
within the hoarding or to an alternative position as determined by
Council’s Contracts and Asset Management Unit for the duration of the
construction of the development. The cost of relocating or replacing
the CCTV camera is to be borne by the applicant. Further information
and a map of the CCTV cameras is available by contacting Council’s
CCTV Unit on 9265 9232.
(c)
The hoarding must comply with the Councils policies for hoardings and
temporary structures on the public way. Graffiti must be removed from
the hoarding within one working day.
(83) 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.
(84) 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
(b)
A separate DA must be submitted prior to the installation of any
external telecommunication apparatus, or the like.
(85) 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.
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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.
(86) WASTE AND RECYCLING MANAGEMENT - COMMERCIAL
(a)
A Waste Management Plan is to be approved by the Certifying
Authority 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 Building Waste
Management Plan must be implemented during construction of the
development.
UPON COMPLETION OF THE DEVELOPMENT
(b)
Prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, the Principal Certifying Authority must ensure that
waste handling works have been completed in accordance with: the
Waste Management Plan; other relevant development consent
conditions; and Council's Policy for Waste Minimisation in New
Developments 2005.
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(87) 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.
(88) 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.
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(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.
(89) 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.
(90) 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.
(c)
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.
(91) 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.
(92) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
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(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.
(93) 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.
(94) 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.
(95) ENCROACHMENTS – NEIGHBOURING PROPERTIES
No portion of the proposed structure shall encroach onto the adjoining
properties.
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(96) 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.
(97) 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.
(98) 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.
(99) 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.
(100) PROTECTION OF STREET TREES DURING CONSTRUCTION
All street trees adjacent to the site not approved for removal must be
protected at all times during demolition and construction, in accordance with
Council’s Tree Preservation Order.
Details of the methods of protection must be submitted to and be approved
by Council prior to the issue of the Construction Certificate and such
approval should be forwarded to the Principal Certifying Authority. All
approved protection measures must be maintained for the duration of
construction and any tree on the footpath which is damaged or removed
during construction must be replaced.
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(101) 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. If new street numbers or a change to street numbers is
required, a separate application must be made to Council.
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental
Planning and Assessment Regulation 2000 apply to the development.
Clause 98
Compliance with Building Code of Australia and insurance requirements
under the Home Building Act 1989
Clause 98A
Erection of signs
Clause 98B
Notification of Home Building Act 1989 requirements
Clause 98C
Conditions relating to entertainment venues
Clause 98D
Conditions relating to maximum capacity signage
Clause 98E
Conditions relating to shoring and adequacy of adjoining property
Refer to the NSW State legislation for full text of the clauses under Division 8A of the
Environmental Planning and Assessment Regulation 2000. This can be accessed at:
http://www.legislation.nsw.gov.au
SCHEDULE 3
CONCURRENCE CONDITIONS – RAILCORP
(102) RAILCORP CONDITIONS
(A1) Unless amendments are required by RailCorp as part of the review and
approval/certification of the documentation listed in Condition (A2) all
excavation and construction works are to be undertaken in accordance
with the following documents:

Shoring Plan No. 2013481-S1 Revision 3 dated 15/4/14 prepared
by ANA Civil Pty Ltd.

Shoring Detail No. 2013481-S2 Revision 3 dated 15/4/14
prepared by ANA Civil Pty Ltd.
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The Principle Certifying Authority is not to issue the Construction
Certificate until written confirmation has been received from RailCorp
confirming that the documentation listed in this condition have not be
superseded with the approval/certification of documentation in
Condition (A2). Should RailCorp advise that any of the documentation
listed in this condition have not been superseded, then the measures
detailed in those specific documents are to be incorporated into the
construction drawings and specifications prior to the issuing of the
Construction Certificate. Prior to the commencement of works the
Principle Certifying Authority is to provide verification to RailCorp that
this condition has been complied with.
(A2) The Applicant shall prepare and provide
approval/certification the following items:
to
RailCorp
for
(1)
New Geotechnical Report that meets RailCorp requirements
based on new boreholes following demolition of existing
buildings. The Geotechnical Report shall detail the preferred pile
option. RailCorp will require the undertaking of at least 2
boreholes to depths of at least 3m below the proposed pile toe
level to confirm subsurface condition.
(2)
Revised Structural report/drawings
Geotechnical Report.
(3)
Drawings are to include the following notes:
based
on
the
new
a.
that RailCorp representative must be kept informed of piling
progress on a daily basis.
b.
Notification advising the piling contractor that the site is
above or adjacent to the railway tunnel.
(4)
Final Construction methodology.
(5)
Final cross sectional drawings showing ground surface, rail
tracks, sub soil profile, proposed basement excavation and
structural design of sub ground support adjacent to the Rail
Corridor. All measurements are to be verified by a Registered
Surveyor.
(6)
If required by RailCorp, revised advice from Matt MacDonald
assessing any impacts on underground infrastructure.
(7)
If required by RailCorp, an FE analysis which assesses the
different stages of loading-unloading of the site and its effect on
the rock mass surrounding the rail corridor.
(8)
If required by RailCorp, a vibration/tunnel monitoring report.
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Any conditions issued as part of RailCorp's approval/certification of any
of the above documents will also form part of the consent conditions
that the Applicant is required to comply with. The Principle Certifying
Authority is not to issue the Construction Certificate until written
confirmation has been received from RailCorp confirming which of the
documentation listed in this condition are to now apply and supersede
the documentation in Condition (A1). The measures detailed in the
documents approved/certified by RailCorp under this Condition are to
be incorporated into the construction drawings and specifications prior
to the issuing of the Construction Certificate. Prior to the
commencement of works the Principle Certifying Authority is to provide
verification to RailCorp that this condition has been complied with.
(A3) All excavation/ground penetration works within 25m of the rail corridor
are to be supervised by a geotechnical engineer experienced with such
excavation projects.
(A4) No rock anchors/bolts are to be installed into RailCorp's property or
easements.
(A5) The Applicant is to submit to Council, for its records, copies of any
certificates, drawings or approvals given to or issued by RailCorp.
(A6) If required by RailCorp, prior to the commencement of works and prior
to the issue of the Occupation Certificate, a joint inspection of the rail
infrastructure and property in the vicinity of the project is to be carried
out by representatives from RailCorp and the Applicant. These
dilapidation surveys will establish the extent of any existing damage
and enable any deterioration during construction to be observed. The
submission of a detailed dilapidation report will be required unless
otherwise notified by RailCorp.
(A7) The following items are to be submitted to RailCorp for review and
endorsement prior to the issuing of a Construction Certificate:

Machinery to be used during demolition, excavation/ground
penetration and construction
It should be noted that excavations undertaken in rock are to maintain
and limit vibration levels to levels that will not adversely impact
RailCorp assets.
(A8) An acoustic assessment is to be submitted to Council and RailCorp
prior to the issue of a construction certificate demonstrating how the
proposed development will comply with the Department of Planning's
document titled "Development Near Rail Corridors and Busy RoadsInterim Guidelines". The Applicant must incorporate in the development
all the measures recommended in the report to control that risk. A copy
of the report is to be provided to the Principle Certifying Authority with
the application for a Construction Certificate.
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(A9) Prior to the issue of a Construction Certificate the Applicant is to
engage an Electrolysis Expert to prepare a report on the Electrolysis
Risk to the development from stray currents. The Applicant must
incorporate in the development all the measures recommended in the
report to control that risk. A copy of the report is to be provided to the
Principle Certifying Authority with the application for a Construction
Certificate.
(A10) Prior to the issue of a Construction Certificate a Risk
Assessment/Management Plan and detailed Safe Work Method
Statements (SWMS) for the proposed works are to be submitted to
RailCorp for review and comment on the impacts on rail corridor. The
Principle Certifying Authority is not to issue the Construction Certificate
until written confirmation has been received from RailCorp confirming
that this condition has been satisfied.
(A11) Prior to the issue of a Construction Certificate the Applicant must hold
current public liability insurance cover for a sum to be determined by
RailCorp. This insurance shall not contain any exclusion in relation to
works on or near the rail corridor. The Applicant is to contact RailCorp's
Rail Corridor Management Group to obtain the level of insurance
required for this particular proposal. Prior to issuing the Construction
Certificate the Principle Certifying Authority must witness written proof
of this insurance in conjunction with RailCorp's written advice to the
Applicant on the level of insurance required.
(A12)Prior to the issue of a Construction Certificate the Applicant is to submit
to RailCorp the demolition, excavation and construction methodology
and staging for review and endorsement. The Principle Certifying
Authority is not to issue the Construction Certificate until written
confirmation has been received from RailCorp confirming that this
condition has been satisfied.
(A13) Prior to the issuing of an Occupancy Certificate the Applicant shall
provide RailCorp and Council as-built drawings and survey locating the
development with respect to any rail boundary, RailCorp easement and
rail infrastructure. This work is to be undertaken by a registered
surveyor, to the satisfaction of RailCorp's representative. The as-built
survey is to confirm that there has been no encroachment into any
RailCorp land or easement area.
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BACKGROUND
Site
1.
The site is legally identified as Lot 1 DP 16475 and has a street address of No. 16
O’Riordan Street, Alexandria (“the site”). The site has a 15.85 metre wide
boundary to O’Riordan Street (west), a northern boundary of 52.73 metres, an
eastern boundary of 13.45 metres and a western boundary of 56.8 metres. The site
is slightly irregular in shape, 727.7sqm in area, has a slight cross fall of 1 metre
from the higher eastern boundary to the lower western boundary.
2.
The site is currently occupied by two single storey buildings and used as a furniture
warehouse and retail premises. A hardstand concrete driveway and car park
surrounds the existing buildings. The public domain adjacent to the site contains a
concrete footpath, grass verge and a driveway crossing.
3.
The site is identified as containing contaminated soil and groundwater levels have
been recently encountered at 3.3 metres below existing ground level.
4.
A number of the businesses have operated on the site including a smelting and
engineering company, an automotive electric service centre and various other
commercial/industrial activities.
5.
Figures 1 - 4 below illustrate the site location and existing development.
Figure 1: Aerial image of subject site and surrounding area.
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GSTC
GS Station
site
Botany Rd
O’Riordan
St
Figure 2: Aerial image of subject site and surrounding area, generally looking north.
Figure 3: The Site, as viewed from O’Riordan Street in an easterly direction.
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Figure 4: The Site, as viewed from O’Riordan Street in a south easterly direction.
Surrounding Development
6.
Adjoining the site to the north is a building owned by RailCorp NSW and used for
rail infrastructure (14 O'Riordan Street).
7.
Adjoining the site at the north eastern corner and to the east is a large warehouse
building which fronts onto Botany Road (326-328 Botany Road).
8.
Adjoining the site to the south is a single storey warehouse used as an automotive
repairs business (18 O’Riordan Street).
9.
Opposite O’Riordan Street to the west of the site is a waste and building materials
recycling facility (3-7 O'Riordan Street) and Taxis Combined head office (9-13
O'Riordan Street).
10.
The broader area around the site is characterised by a mix of warehouses and
buildings used for light industrial and commercial purposes.
11.
Figures 5 - 7 below illustrate the development that surrounds the site.
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Figure 5: Building to the north of the site used for rail infrastructure purposes (14 O’Riordan
Street).
Figure 6: Automotive repairs business to the south of the site (18 O’Riordan Street).
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Figure 7: Buildings on opposite side of O’Riordan Street to the west of the site, including a waste
recycling facility and Taxis Combined head office.
History of Applications Relevant To This Site
12.
The following development
development site:
(a)
applications
are
considered
relevant
to
the
D/2012/614 – 326-328 Botany Road
On 5 September 2012, Council approved the alterations and additions of
existing
building
to
accommodate
7
tenancies
(for
future
commercial/warehousing/industrial uses) and 16 parking spaces. The
approved alterations do not affect the existing relationship with the subject
site.
Application History and Amendments
13.
Council requested additional technical and design detail information be submitted
as a result of the preliminary assessment of the subject application. On 7 March
2014 the applicant submitted additional information and amended drawings in
response to Council’s correspondence. The main amendments to the design
include:
(a)
relocation of the Mangers Room from the ground floor to the first floor to
meet flood planning levels and subsequent deletion of one hotel room (total
100 rooms);
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(b)
provision of a landscape courtyard at first floor (covering most of car park
void) and provision of a tree in staff terrace;
(c)
accommodation of air conditioner condensers within the building (first floor);
(d)
raise internal driveway to meet flood planning levels;
(e)
raise car park level from RL11.2 to RL11.8 and remove ramps to foyer;
(f)
provide localised awning over entry 3.2m above footpath level; and
(g)
delete 3 of the 4 originally proposed business identification signs.
PROPOSAL
14.
15.
The development application seeks consent for:
(a)
demolition of all structures on the site;
(b)
land remediation;
(c)
excavation to a maximum depth of 2.5 metres for two lift pits;
(d)
construction of an 8 storey building for use as hotel and motel
accommodation, comprising of:
(i)
100 hotel rooms;
(ii)
parking for 4 vehicles and 8 bicycles;
(iii)
Entry Foyer;
(iv)
Manager’s room;
(v)
Staff room with outdoor terrace area; and
(vi)
associated plant and service spaces;
(e)
building identification sign;
(f)
public domain works including removal of the existing driveway crossing and
provision of new driveway crossing, street trees and footpath; and
(g)
dedication of 38.04sqm of land (2.4m wide front setback) and embellishment
as a widened footpath.
Photomontages of the proposed development are provided in Figures 8 - 9 below
and a full set of plans and elevations are provided in Attachment A:
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Figure 8: Photomontage of proposal as viewed from O’Riordan Street in a south easterly direction.
Figure 9: Photomontage of proposal as viewed from O’Riordan Street in a north easterly direction.
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ECONOMIC/SOCIAL/ENVIRONMENTAL IMPACTS
16.
The application has been assessed under Section 79C of the Environmental
Planning and Assessment Act 1979, including consideration of the following
matters:
Commonwealth Legislation
Civil Aviation (Buildings Control) Regulations 1988
17.
The proposed building exceeds 15.24 metres in height and under the provisions of
the Civil Aviation (Buildings Control) Regulations 1988 the building requires
approval from Sydney Airport Corporation Limited (“SACL”). Separate advice from
SACL to Council provides that for applications of this nature, a condition of consent
should be imposed requiring the developer to obtain approval from SACL prior to
the issue of a Construction Certificate. It is recommended that an appropriate
condition is incorporated into the consent.
Environmental Planning Instruments and DCPs
State Environmental Planning Policy No 55—Remediation of Land (“SEPP 55”)
18.
The aim of SEPP 55 is to reduce the risk of harm to human health or any other
aspect of the environment arising from contaminated land through remediation.
The land has been previously used for industrial purposes and there is potential for
land and ground water contamination to have occurred. The application proposes a
more sensitive land use for a commercial hotel purposes and Council must be
satisfied that the site is capable of being made suitable for the proposed use.
19.
A Preliminary Site Investigation (“PSI”) was submitted with the application which
concludes that a Detailed Environmental Site Assessment (“DESA”) is required to
be carried out. Council requested further investigation be undertaken given the risk
of potential land and/or groundwater contamination.
20.
A Sampling Analysis Quality Plan (“SAQP”) was undertaken, a draft Remediation
Action Plan (“RAP”) prepared and an Interim Advice letter prepared by a NSW
EPA Accredited Site Auditor submitted.
21.
Council’s Health and Building Unit have assessed the information and subject to
recommended conditions requiring the SAQP to be implemented, a final RAP
prepared and reviewed by NSW EPA Accredited Site Auditor and Council prior to
any excavations below the ground floor slab, the development is considered to
meet the aims of SEPP 55.
State Environmental Planning Policy No 64—Advertising and Signage (“SEPP 64”)
22.
SEPP 64 does not strictly apply to the proposed wall sign as it is a sign that would
generally fall within the exempt development provisions of State Environmental
Planning Policy (Exempt and Complying Development Codes) 2008.
Notwithstanding this, the proposed 1.4m x 1.4m sign at the entry to the hotel is
considered to be compatible with the character of the area and would be generally
consistent with the aims of SEPP 64.
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State Environmental Planning Policy 70 Affordable Housing (Revised Schemes)
(“SEPP 70”)
23.
SEPP 70 relates to Section 94F of the EP&A Act and provides that where the
consent authority is satisfied that the development meets certain criteria and a
Local Environmental Plan authorises an affordable housing condition to be
imposed, such a condition should be imposed so that mixed and balanced
communities are created.
24.
Clause 7.13 of Sydney LEP 2012 authorises that an affordable housing
contribution may be levied for development in land in Green Square.
25.
The development satisfies the criteria because Green Square is undergoing
renewal as a result of rezoning and infrastructure investment, in which, the subject
land has benefited from.
26.
It is recommended that a condition imposing an affordable housing contribution to
aid in the delivery of affordable housing in accordance with the principles in
Schedule 2 of SEPP 70 is appropriate.
State Environmental Planning Policy (Infrastructure) 2007 (“SEPPI”)
27.
The application is subject to clause 45 of SEPPI as the development is likely to
affect an electricity transmission or distribution network. The application was
referred to Ausgrid who advised that an electricity substation will be required to be
accommodated within the development. It is recommended that the standard
Electricity Substation condition be incorporated into the consent.
28.
The application is subject to clause 86 of SEPPI and requires concurrence as the
development involves ground penetration within 25m (measured horizontally) of an
underground rail corridor (Green Square to Mascot heavy rail line). The application
was referred to RailCorp who requested further Geotechnical and Structural details
be submitted. The information was submitted and concurrence granted by RailCorp
subject to conditions on 12 May 2014.
29.
The application is subject to clause 100 of SEPPI as the new driveway cross over
is located on a classified road (O’Riordan Street). The application was referred to
the RMS who granted its concurrence on 23 December 2013.
30.
The application is subject to clause 101 of SEPPI, as the site has a frontage to a
classified road. Certain matters relating to access, emissions and noise are
required to be considered. Council is satisfied that the safety, efficiency and
ongoing operation of O’Riordan Street will not be adversely affected for the
following reasons:
(a)
vehicular access cannot be provided from another road other than the
classified road. The driveway is located 164 metres from the nearest
signalised intersection;
(b)
subject to appropriate conditions, it is unlikely that dust emissions during
construction will affect the road network;
(c)
the four car spaces and generated volumes of traffic from the development
will not unreasonably impact on the local road network; and
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an Acoustic Report was submitted and recommends structural design
measures to achieve the relevant indoor noise criterion. It is recommended
that the recommendations of the acoustic report form part of the consent
conditions.
Sydney Local Environmental Plan 2012 (“SLEP 2012”)
31.
The site is located within the B5 Business development zone. The proposed
development provides temporary or short-term accommodation on a commercial
basis and is characterised as ‘hotel and motel accommodation’, which is
permissible with consent.
32.
The new access driveway is located within the SP2 Infrastructure zone. The
driveway is characterised as ‘roads’ which are permissible with consent.
33.
The relevant B5 zoning objectives seek to establish a zone used for predominately
business and warehouse uses that are close to and support the viability of centres,
create employment opportunities and activate street frontages. The development is
capable of achieving the zone objectives in that the development provides for a
commercial hotel that is close to the future Green Square Town Centre, will
support that future centre and provides an appropriate relationship with the public
domain at ground level.
34.
The relevant matters to be considered under SLEP 2012 for the proposed
development are outlined below.
PROVISION
COMPLIES
COMMENT
Part 4 Principal Development Standards
4.3
Yes
Height of Buildings
A maximum building height of 40 metres is
permitted.
The maximum building height is 24.9 metres to the
top of the lift over run (RL 36.8) and complies with
the development standard.
4.4
Floor Space Ratio
6.12
Additional floor
space outside
Central Sydney
6.14
Community
infrastructure floor
space at Green
Square
Yes
There are two separate sections of SLEP 2012,
which combined, establish the floor space ratio
(“FSR”) development standard for this site.
Combined, the FSR development standard for this
site is 3.5:1.
The application proposes a gross floor area
(“GFA”) of 2545sqm which equates to an FSR of
3.5:1 and complies with the combined FSR
standard for this site.
Refer to community infrastructure floor space
discussion in Issues section later in this report.
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COMMENT
Part 5 Miscellaneous Provisions
5.9
Yes
The proposal does not involve tree removal.
Yes
The site is not a heritage item or located within a
heritage conservation area.
Preservation of
trees or vegetation
5.10
Heritage
conservation
Part 6 Local Provisions—Height and Floor Space
6.21
Yes
Design Excellence
The building has been designed to draw on the
industrial context and conceptual form of ‘stacked’
shipping containers which will be visually
interesting in the existing streetscape. Detail of the
applied finishes and proposed construction
methodology (to prevent drainage streaking on the
walls) was provided during the assessment
process.
Overall, the development is capable of meeting the
objectives of this provision and performs when
tested against the matters to be considered under
this provision.
Part 7 Local Provisions—General
7.1 – 7.9
Yes
Car parking
ancillary to other
development
A maximum of 25 car spaces are permitted to
service the hotel or motel accommodation use.
A total of 3 are proposed and complies with the
maximum standard.
It is noted that a single service space is also
proposed (taking the total to 4 spaces), however,
under the relevant definitions these spaces are not
included when calculating the maximum
development standard for parking.
7.13
Yes
The site is located in Green Square and subject to
an affordable housing contribution, which has been
included as a consent condition.
Yes
The site is located within a Class 5 Acid Sulphate
Soil (“ASS”) zone and is approximately 23m from a
Class 3 zone. Considering that the land is not
located in low lying coastal areas where ASS were
typically formed further investigation is not
considered necessary.
Affordable housing
7.14
Acid Sulphate Soils
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7.15
COMPLIES
COMMENT
Yes
A site specific flood analysis was prepared which
identifies the 1 in 100 year levels and PMF levels.
A design statement and merits based approach
was prepared to justify the car park and hotel
lobby levels. Council’s Public Domain Unit has
advised that the design levels are consistent with
Council’s Flood Planning policies.
Yes
The land is not identified as being in an area
sensitive to aircraft noise and the building does not
penetrate aircraft operation space.
Yes
The subject application seeks to demolish all
buildings and redevelop the land and satisfies this
provision.
Yes
The site is not more than 5,000 square metres or a
height greater than 25 metres above ground level
therefore a site specific development control plan
is not required to be prepared.
Yes
The development does not propose a shop or
market in excess of 1000sqm.
Flood planning
7.16 - 7.17
17 JUNE 2014
Airspace
operations
Development in
areas subject to
airport noise
7.19
Demolition must
not result in long
term adverse visual
impact
7.20
Development
requiring
preparation of a
development
control plan
7.23
Large retail
development near
Green Square
Town Centre
Sydney DCP 2012 (“SDCP 2012”)
35.
The relevant matters to be considered under SDCP 2012 for the proposed
development are outlined below.
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2. Locality Statements – Green Square (2.5.4 East Alexandria)
The subject site is located in East Alexandria neighbourhood in the Green Square
Locality. East Alexandria is identified as a future thriving, evolving industrial
neighbourhood with taller, commercial buildings towards the Green Square Town
Centre. Future development in the eastern part of the neighbourhood, where the
subject site is located, is planned for higher density commercial and businesses to
support the function of the Green Square Town Centre as the planned major centre for
the southern part of the City. Specifically, O’Riordan Street is nominated as requiring
widened footpaths and public domain improvements including awnings and trees.
The proposal is for hotel accommodation which is classified as commercial premises.
The use is consistent with the desired uses envisaged for the area and in time, and
will be able to benefit from the future Planned Major Centre. The development
addresses the need for public domain upgrades by proposing to dedicate and
embellish a 2.4m wide front setback for footpath widening. The proposed building
complies with the built form controls and adopts a scale and expression that
represents a higher density and building form that is consistent with future vision of the
area.
For these reasons, the development is considered to be consistent with the desired
future character principles for the locality.
3. General Provisions
Development
Control
3.1 Public
Domain
Elements
Complies
Yes
Comment
Streets, lanes and footpaths
The proposal will result in an improved public domain
outcome adjacent to the site. The public domain will be
increased from 3.5m wide to 6m wide and
accommodate a footpath, awning and street trees in
accordance with Council standards to improve the
pedestrian amenity.
Yes
Pedestrian and bike network
A shared bicycle path is planned for O’Riordan Street
and the proposal will not affect the delivery of this
infrastructure.
3.2 Defining the
Public Domain
Yes
Improving the public domain
Sun access and views to the public domain will not be
adversely affected as a result of the development.
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Development
Control
Complies
Yes
Comment
Addressing the street and public domain
The proposed building has an appropriate interface with
the public domain in that:
Yes
•
The ground floor lobby is the same level as the
footpath.
•
The car parking areas at ground level are not
discernible from the street as they are screened
by the lobby.
•
The proposed materials and finishes are of a
suitable quality and will not result in an
unreasonable level of solar glare when viewed
from the public domain.
Active frontages
The site is identified as requiring an active frontage.
The proposal addresses the control by providing double
storey transparent glazing to the lobby frontage and a
fixed awning to define the building entry. The control
discourages driveways, services and fire escapes along
active frontages, however, there is no alternative
location for these elements on this site. It is considered
that visual impact of these elements has been
minimised by limiting the driveway width and concealing
and recessing the roller shutter, hydrant booster and
fire escape door.
Yes
Footpath awnings
The site is not identified as requiring a footpath awning.
Two awnings are proposed, one at 5.5m high along the
entire frontage and a localised awning above the entry
to the hotel lobby 3.2m above footpath level.
The awnings define the entry and provide some
weather protection and are considered acceptable.
3.3 Design
Excellence and
Competitive
Design
Processes
Yes
The development does not trigger the requirement for a
Competitive Design Process to be undertaken.
3.4 Hierarchy of
Centres, City
South
Yes
The site is within the Green Square Town Centre
Primary Trade Area and the development does not
propose retail floor area.
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Development
Control
3.5 Urban
Ecology
3.6 Ecologically
Sustainable
Development
Complies
Comment
Yes
The proposal will not affect the urban ecology and
additional street trees will be accommodated within the
widened public domain.
Capable
Energy and water efficiency in non-residential
developments
Each hotel room has access to light and air, however
the development mainly relies on active heating and
cooling which is generally acceptable for hotel
accommodation. The main corridor on each level has
access to light and air and aids in reducing reliance on
active heating and cooling for circulation areas.
It is recommended that conditions are incorporated into
the consent to ensure that all new water fittings and
fixtures such as showerheads, water tap outlets, urinals
and toilet cisterns, are the highest Water Efficiency
Labelling Scheme (WELS) star rating available at the
time of the development.
3.7 Water and
Flood
Management
Yes
Site specific flood study
identifies the 1 in 100 year levels and PMF levels. A
design statement and merits based approach was
prepared to justify the car park and hotel lobby levels.
Council’s Public Domain Unit has advised that the
design levels are consistent with Council’s Flood
Planning policies.
Capable
Drainage and stormwater management
Stormwater disposal and drainage from the
development can be provided in accordance with
Council’s standard requirements, subject to consent
conditions.
3.8 Subdivision,
Strata
Subdivision and
Consolidation
Yes
The application seeks development consent for land
subdivision through the excising of land for dedication
to Council for footpath widening purposes. The land
dedication is the subject of a Planning Agreement
between Council and the developer and it is
recommended that a condition requiring the dedication
in accordance with the terms of the Planning
Agreement is incorporated into the consent.
3.9 Heritage
Yes
The site is not a heritage item or located within a
heritage conservation area.
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Development
Control
Complies
Comment
3.10 Significant
Architectural
Building Types
Yes
The existing warehouse buildings are not identified as a
Significant Architectural Building.
3.11 Transport
and Parking
Yes
Managing transport demand
A Traffic Impact Assessment was submitted with the
application which concludes that the generated
volumes of traffic will not unreasonably impact on the
local road network.
Yes
Bike parking and associated facilities
A total of 8 bicycle parking spaces and adequate
facilities are proposed.
Yes
Vehicle Parking
A total of 4 car parking spaces are proposed and
complies with the parking rates in the SLEP 2012.
Yes
Service vehicle parking
A service space is proposed and is acceptable.
No
Passenger pick up and set down areas
The control requires 2 car spaces plus 1 bus/coach
space per 100 rooms. It is considered appropriate to
allocate 1 of the on-site spaces as a pick up/set down
space.
A bus set down area within the site is unfeasible. The
street adjacent to the site can be used as a pick up/set
down space, however, is only available during off peak
traffic periods due to a clearway operating on both
sides of O’Riordan St between 6am and 10am and 3pm
and 7pm weekdays. As such, it is recommended that a
condition stipulate that bus/coach pick up/set down
cannot occur during these periods.
Given the parking constraints on the site, it is
recommended that the development actively promote
use of public transport. It is recommended that a Green
Travel Plan is developed and incorporated into the site
overall plan of management.
Yes
Accessible parking
An accessible visitor space is provided.
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Development
Control
Complies
Yes
Comment
Vehicle access and footpaths
The proposed driveway crosses the footpath at grade,
the entry and exit from the site is in a forward direction
and the driveway width is generally 3.6m wide.
Yes
Design and location of waste collection points and
loading Areas
Waste is proposed to be collected at grade and off
street within the parking area and a turn table is
proposed to allow safe collection and circulation for
collection trucks.
Yes
Parking area design
The proposed car parking area is capable for being well
lit, screened from the public domain and capable of
being naturally ventilated through the void.
3.12 Accessible
Design
Yes
Equitable access to the building is provided from the
allotment boundary at the main points of entry and from
the accessible car parking space to the lobby and hotel
rooms.
An accessible WC in the lobby and 6 accessible hotel
rooms are provided in the development.
3.13 Social and
Environmental
Responsibilities
Yes
Promote safety through design of buildings
The building design is considered to sufficiently address
the relevant considerations as the hotel foyer is located
to maximise casual surveillance of the street and is
clearly visible from the street. The pedestrian route from
the car parking spaces to lift lobby has also been
designed to be as direct as possible.
A Plan of Management has been prepared indicating
that the front doors will be locked from 9pm with access
only permitted through a key card and security cameras
are to be installed within the circulation spaces on all
levels.
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Development
Control
3.14 Waste
Complies
Yes
Comment
Waste management plans
The waste management process within the
development can be provided in accordance with the
City of Sydney Policy for Waste Minimisation in New
Developments 2005 subject to recommended
conditions.
3.15 Late Night
Trading
Management
N/A
It is proposed to operate the hotel 24 hours a day 7
days a week, which is standard for a use of this nature.
The control does not apply to the proposal as hotel
accommodation is not classified as a Category A or
Category B premises. As per the application, the hotel
does not contain a food or drink premises and does not
intend on operating as a licensed premises.
Notwithstanding this, operation of a premises providing
hotel accommodation on a 24 hour basis is acceptable
as the site is within a business zone and will not
unreasonably impact on the amenity and safety of the
neighbourhood.
3.16 Signage
and Advertising
Yes
One business identification sign is proposed on the wall
next to the entry to the hotel foyer. The sign is proposed
to be 1.4m by 1.4m and externally illuminated by down
lights between 6am and 10pm. The sign is compatible
with the scale of the building and generally consistent
with the controls.
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4. Development Types
4.2 Residential Flat, Commercial and Mixed Use Developments
Development
Control
4.2.1 Building
height
Complies
Yes
Comment
Height in storeys and street frontage height in
storeys
The maximum height in storeys permitted is 11 storeys.
The development proposes 8 storeys and complies with
the control.
No street frontage height control exists for the site,
therefore, assessment is based on the street frontage
height of adjacent buildings or buildings in the vicinity of
the site. The proposed 8 storey street frontage height is
inconsistent with the adjoining single storey
warehouses. The proposal is considered appropriate
given that it is the first building to redevelop in the block
and it complies with setback and height controls.
Floor to ceiling heights for commercial and retail
buildings
The control requires a minimum 3.6m floor to ceiling
height for commercial premises on the ground floor.
The hotel foyer has a 5m floor to ceiling height and the
back of house is 2.7m floor to ceiling height. The rooms
on the levels above adopt a 3.1m floor to floor height
which enables delivery of a 2.7m floor to ceiling height
and is considered to offer a good level of amenity for
hotel rooms.
4.2.2 Building
setbacks
Yes
A 2.4m front setback control applies to O’Riordan Street
and a 2.4m setback is provided.
Building setbacks for this site are also provided in the
Green Square part of SDCP 2012 (Section 5).
Considering the controls in Section 5 take precedence
over those in Section 4, please refer to discussion
under 5.2.10 of SDCP 2012 and Issues section later in
this report.
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Development
Control
4.2.3 Amenity
Complies
N/A
Comment
Internal solar access and cross ventilation
There is no minimum requirement for solar access or
cross ventilation to hotel rooms. In any event each room
has window or opening with access to daylight and
ventilation.
Yes
Overshadowing to adjoining properties
The proposal will cause overshadowing throughout the
day to the adjoining sites to the south. As these
developments are industrial in nature and the zone
does not permit any residential accommodation there is
no overshadowing to dwellings.
N/A
Internal common areas
The common corridors have a minimum width of 1.5m –
1.8m and part of the corridor on every level has access
to daylight and natural ventilation.
N/A
Balconies and Outlook
The rooms that address O’Riordan Street have a
Juliette balcony with an outlook over the
neighbourhood.
Yes
Acoustic privacy
An Acoustic Assessment was submitted with the
application which assesses the external traffic noise
and inter-tenancy impacts on the future occupants.
Acoustic measures including insulation and glazing
construction specifications for the building have been
recommended to comply with the internal noise criteria
identified in the SEPPI and SDCP 2012 control.
There are no sensitive residential dwellings in proximity
of the site.
It is recommended that the recommendations of the
acoustic report form part of the consent conditions.
4.2.4 Fine
grain,
architectural
diversity and
articulation
Yes
The building is 15 metres wide and has a single
architectural character with contemporary aesthetic.
The car parking spaces are sleeved by the hotel lobby
and not visible from the street.
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Development
Control
4.2.6 Waste
minimisation
Complies
Capable
Comment
Waste is proposed to be collected within the parking
area from a garbage collection room. The Waste
storage facilities are located on ground level and
accessible to staff and removal vehicles. There are
numerous service areas provided on each floor of the
building with sufficient capacity to store at least one
day’s volume of waste and recycling.
The development is capable of providing waste
management in accordance with City of Sydney Policy
for Waste Minimisation in New Developments 2005
subject to recommended conditions.
4.4.8 Other Development Types and Uses - Visitor Accommodation
4.4.8.1
General
Yes
The objectives of the control are to ensure that the
design, development and management of visitor
accommodation provide acceptable levels of health,
safety, cleanliness, amenity and administration for
guests, whilst not adversely impacting on the amenity of
the surrounding locality.
The proposal complies with the specific controls for
visitor accommodation in that:
•
•
•
•
•
•
The new development is self-contained with no
common access ways with adjoining properties.
A site manager flat is provided and it is
recommended conditions are imposed requiring
the manager to be on site when guests have
access to the premises (24 hours a day).
No triple-tier bunks and cooking facilities are
proposed in the sleeping rooms.
All toilet and shower facilities are within a
bathroom in each room and are enclosable via a
door.
A Plan of Management was submitted with the
application which addresses hours, noise,
safety, security and management practices.
All doors and levels will be key card access
controlled, front doors will be kept closed after 9
pm and security cameras are proposed in public
and non-public areas.
Overall, the proposal is considered satisfactory in terms
of achieving the objectives subject to the inclusion of
standard consent conditions.
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Development
Control
4.4.8.3
Additional
provisions for
hotels, private
hotels and
motels
Complies
Comment
Yes
The proposal complies with the specific controls for
hotels in that each room is between 12sqm and 25sqm
and exceeds the minimum areas for hotel rooms
(3.25sqm per person per sleeping room and 5.5sqm per
person for rooms occupied by guests staying longer
than 28 days).
Conditions are recommended to be imposed to ensure:
•
•
•
The maximum permitted length of stay of 3
months.
Where accommodation is provided for more
than 28 consecutive days, no more than two
adults and one child are permitted per room.
Individual, secure, lockable storage facilities of a
minimum capacity of 0.6 cubic metres per
person is to be provided to allow guests to
individually store baggage and travel items
within the sleeping room.
5. Specific areas – Green Square
Development
Control
5.2.1 Green
Square Urban
Strategy
Complies
Yes
The proposal is considered to satisfy the relevant
objectives and is consistent with the planning strategy
envisaged for the area in that it contributes to the
housing stock and is a building type and form
appropriate in the streetscape.
Yes
The application seeks consent for the maximum GFA
permitted under clause 6.12 and clause 6.14 of SLEP
2012 which can only be achieved where a development
provides community infrastructure to the satisfaction of
the consent authority.
5.2.2
Objectives for
Green Square
5.2.3
Community
infrastructure
Comment
The application was accompanied by a public benefit
offer which has been reviewed by Council and is
satisfied that it is consistent with the infrastructure
identified for the site and consent can be granted for the
maximum GFA achievable under clause 6.12 and
clause 6.14 of SLEP 2012.
Refer to discussion in Issues section later in this report.
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Development
Control
Complies
Comment
5.2.4 Local
Infrastructure
Yes
The site is not identified as requiring the provision of a
new street.
5.2.5
Pedestrian and
bike networks
Yes
The proposed development will not affect the ability of
providing a shared bicycle path along O’Riordan Street
identified as future works.
5.2.6 Public
Open Space
Yes
The site is not identified as requiring the provision of a
public open space.
5.2.7
Stormwater
management
and waterways
Yes
identifies the 1 in 100 year levels and PMF levels. A
design statement and merits based approach was
prepared to justify the car park and hotel lobby levels.
Council’s Public Domain Unit has advised that the
design levels are consistent with Council’s Flood
Planning policies.
5.2.8 Highly
Visible Sites
Yes
The site is not identified as a Highly Visible Site.
5.2.9 Building
Design
Yes
The development generally performs against the
controls in this section for the following reasons:
•
•
•
•
•
•
The buildings are aligned to the new site
boundary and street, consistent with the control,
to define and frame the street edge and provide
clear delineation between the public and private
domain.
It is unlikely that the building will affect
significant views to the City skyline from
surrounding properties.
The development includes the provision of new
footpaths to enhance the quality of the
streetscape and improve pedestrian amenity
The primary building material is rendered and
painted (white) masonry and transparent glazing
with applied secondary finishes including timber
veneer and sandstone. Fixed aluminium
horizontal louvers are also introduced into the
front facade and to the majority of the windows
to the hotel rooms are at the rear for privacy
reasons.
The hotel foyer entrance is clearly defined by
double storey scale glazing and a fixed awning.
The vehicular entry is contained to a single
driveway which is separated from the foyer entry
to minimise pedestrian and vehicle conflict.
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Development
Control
Complies
Comment
5.2.10
Setbacks
Yes
The control requires dedicated front setbacks of 2.4m
along O’Riordan Street for the purposes of active street
frontages. The building complies with the control and
provides appropriate activation to the street frontage.
5.2.11
Carparks
under the
public domain
Yes
No car park is located below the land to be dedicated
as public domain.
5.2.12 Above
ground and
adaptable car
parking spaces
Yes
The application proposes above ground car parking for
4 cars and is sleeved by the hotel lobby and not visible
from the street.
ISSUES
36.
The issues identified in the abovementioned assessment as requiring further
discussion are discussed in detail below:
FSR, Public Benefit Offer and provision of Community Infrastructure
37.
The application seeks consent for an additional 1.5:1 of FSR permitted under
clause 6.12 and clause 6.14 of SLEP 2012 where a development provides
community infrastructure to the satisfaction of the consent authority.
38.
The application was accompanied by a public benefit offer for land dedication,
embellishment of the dedicated land and a monetary contribution. The total public
benefit value is calculated on the basis of the 1.5:1 additional floorspace amount
and the non-residential nominated in Development Guidelines – Providing
Community Infrastructure in Green Square 2012.
39.
Council has reviewed the offer and is satisfied that it is consistent with the
community infrastructure identified to be provided on this site and broader
examples of community infrastructure identified in the control, in that it comprises
of:
(a)
the dedication of the front 2.4 metres of land, being 38.04 square metres to
the City as new footpath;
(b)
the embellishment of the land to be dedicated being the construction of a
new concrete footpath to Council’s standards; and
(c)
payment of a monetary contribution of $198,671.00 to be allocated to the
provision of other community infrastructure in or about the area known as
Green Square Town Centre.
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Figure 10 illustrates the location of the dedicated setback and footpath required to
be delivered as part of the terms of the Planning Agreement.
O’Riordan
Street
dedicated
setback for
footpath
Figure 10: Site plan showing dedicated setback for widened footpath to be delivered with the
development as part of the terms of the Planning Agreement.
41.
Council has reviewed the offer and is satisfied that it is consistent with the
community infrastructure identified for this site in SDCP 2012.
42.
A draft Planning Agreement has been prepared to secure the public benefit in
connection with the development application for the site. The terms are currently
being finalised and expected to be placed on public exhibition in the near future.
43.
Subject to the finalisation of the Planning Agreement process and issue of a
deferred commencement consent requiring the Planning Agreement to be
executed, Council can be satisfied that community infrastructure will be provided
with the development and the maximum FSR achievable under clause 6.12 and
clause 6.14 of SLEP 2012 is appropriate in this instance.
Other Impacts of the Development
44.
The proposed development is capable of complying with the BCA.
45.
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
46.
The proposal is of a nature in keeping with the overall function of the site. The
premise is in a commercial and industrial surrounding and is a business use
consistent with the desired uses envisaged for the area.
INTERNAL REFERRALS
47.
The application was referred to Council’s Urban Designer, Building Services Unit,
Environmental Health Unit, Public Domain Unit, Specialist Surveyor, Transport and
Access Unit, Tree Management Unit and Waste Management Unit.
48.
The conditions recommended by other sections of Council are considered
reasonable and have been included in the proposed conditions.
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EXTERNAL REFERRALS
RailCorp
49.
Concurrence was granted by RailCorp on 12 May 2014, subject to conditions
which have been incorporated into Schedule 3 of the draft consent conditions.
Roads and Maritime Services
50.
The application was referred to the RMS as the new driveway cross over is located
on a classified road. RMS granted its concurrence on 23 December 2013.
Ausgrid
51.
The application was referred to Ausgrid who advised that the proposal is
acceptable subject to the standard Electricity Substation condition be incorporated
into the consent.
Notification and Advertising
52.
In accordance with Schedule 1 of 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 21 days between 11 December 2013 and 10
January 2014 and no submissions were received.
PUBLIC INTEREST
53.
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
Affordable Housing Contributions
54.
The development is subject to the affordable housing contribution under clause
7.13 of SLEP 2012. The contribution is calculated based on:
(a)
55.
$50.05 per square metre of the total non-residential floor area (3864sqm).
The contribution equates to $193,393.20 which is payable to NSW Planning and
Infrastructure prior to issue of a Construction Certificate.
Section 94 Development Contributions
56.
The development is subject to development contributions under City of Sydney
Development Contributions Plan 2006 (“the plan”). The contribution is calculated
based on the development’s net increase in population (in this instance increase in
visitor population and workforce population).
57.
Part 4.15 of the plan provides the method for calculating the Non-Private Dwelling
(Visitor Orientated) Occupancy Rate for the purposes of the Section 94 calculation.
The proposed occupancy rate is based on:
(a)
Total potential occupancy = 100 (rooms) x 1.75 (persons per room) = 175
occupancy;
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(b)
Actual average occupancy rate = 75% (over 5 year period); and
(c)
Average actual total occupancy rate = 175 x 75% = 131 residents of a
Non-Private Dwelling.
58.
The Employee Density for Visitor Accommodation as per the industry/statistical
standards in Figure 4.9 of the plan is 1.37 employees per room equating to a total
of 73 employees generated by the proposal. A credit is available for the 4 existing
employees (as per last approved use application D/2008/2031).
59.
Based on the net increase in the visitor and workforce populations, a contribution
of $1,257,956.56, is payable to the Council prior to issue of the Construction
Certificate.
RELEVANT LEGISLATION
60.
The Environmental Planning and Assessment Act 1979 and Civil Aviation
(Buildings Control) Regulations 1988.
CONCLUSION
61.
The proposed development is consistent with the core development standards and
zone objectives contained in SLEP 2012. The development will provide a fully
commercial development in the Business Development zone, and in time, will be
able to benefit from the future major centre, Green Square Town Centre.
62.
The proposed building complies with the built form controls and adopts a scale and
expression that represents a higher density and form that is consistent with the
future vision for the area. Internally, the building provides a sufficient level of
amenity to the hotel rooms, consistent with the controls and objectives contained in
SDCP 2012.
63.
The proposal seeks to maximise the permitted floor space on the land by providing
community infrastructure on and around the site. The application was accompanied
by a public benefit offer for land dedication, embellishment of that land for a
widened footpath and a monetary contribution to be allocated toward infrastructure
within Green Square Town Centre. A draft Planning Agreement has been prepared
to secure the provision of the community infrastructure and the terms are currently
being finalised and it is expected to be placed on public exhibition in the near
future
64.
For this reason, the recommendation is for Council to consider the merits of the
proposal and delegate the decision to determine the development application to
the Chief Executive Officer upon completion of the Planning Agreement process.
GRAHAM JAHN, AM
Director City Planning, Development and Transport
(Amy Allen, Senior Planner)
15170206

Development Application: 16 O`Riordan Street

Transcription

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