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DEVELOPMENT & BUILDING UNIT REPORT

FOR THE WEEK ENDING THURSDAY, 9 APRIL 1998

Present: M Reid - Building Services Manager

M Buckley - Statutory Planning Manager

R Esdaile - Senior Engineer

 

BUILDING SECTION

D1.980409 Page 2

13A Clyde Street, North Bondi - New two storey dwelling (BA 888/97)

Report dated 9 April 1998 from the Development & Building Unit.

Recommended: That the application be deferred in accordance with the conditions contained in this report.

D2.980409 Page 9

26 Blake Street, Rose Bay - Alterations and additions (BA 963/97)

Report dated 9 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.

DEVELOPMENT

D3.980409 Page 13

60 Beach Road, Bondi Beach - Alterations and additions to a residential flat building (DA58/98)

Report dated 9 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.

D4.980409 Page 22

463-465 Bronte Road, Bronte - Mixed Use Development (DA97/402)

Report dated 07 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.

D5.980409 Page 36

4/47 Francis Street, Bondi - Alterations and additions to Unit 4 (DA44/98)

Report dated 8 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.

Signed pages 1 - 40 (inclusive)

General Manger

BUILDING

D1.980409

13A Clyde Street, North Bondi - New two storey dwelling (BA 888/97)

Report dated 9 April 1998 from the Development & Building Unit.

Recommended: That the application be deferred in accordance with the conditions contained in this report.


 

RESPONSIBLE OFFICER: MARK FEATHERSTONE

PROPERTY: 13A CLYDE STREET, NORTH BONDI BA 888/97

Owner: AT Gallagher Est. Cost: $100 000

Applicant: As owner Date Rec'd: 25 November 1997

 


BRIEF DESCRIPTION

New two storey dwelling

ZONING: Residential 2(a)

 


REPORT SUMMARY

1. To construct a two storey cottage together with associated parking and relocate an existing pool on a recently subdivided allotment.

2. The proposal generally complies with relevant Council Policy and statutory requirements.

3. Six (6) objections have been received.

- loss of light - loss of privacy

- loss of value - bulk and height

- safety of the pool fence - effect upon existing amenities

- variation from heritage style

- contrary to DA, general impact upon the surrounding area and subdivision not registered

4. Recommendation: Deferral, subject to submission of amended plans providing for a single storey, low impact dwelling house.

SITE DESCRIPTION

The site originally existed as a single allotment, measuring 50.9m in depth and 15.24m in width, giving a total area of 775m².

This allotment was subsequently granted approval for subdivision into two separate allotments, comprising Lot 1 measuring 325m² and Lot 2 (at the rear) measuring 450m².

Both parcels of land are located on the southern side of Clyde Street, east of its intersection with Hardy Street.

This application relates to the rear lot (Lot 2). This parcel of land is relatively level, however, there is a steep fall along the rear and western sides which would indicate that the rear portion has been subject to the placement of fill ground to level the ground area at some stage in the past.

EXISTING DEVELOPMENT

At present the only structures located on the subject parcel of land is an inground fibreglass swimming pool and retaining wall/fencing.

A single storey dwelling house is located on the front allotment.

SURROUNDING DEVELOPMENT

Mostly one and two storey brick and tile cottages with a small residential flat building located to the west.

HISTORY

There is a significant history surrounding the (ultimate) approval for the subdivision of this site.

A development application submitted in September 1989, proposing the subdivision of the land into two lots measuring 448m² and 327m². This was refused by Council for reasons relating to insufficient provision for on site stormwater disposal, insufficient access driveway width and the proposed subdivision being contrary to the subdivision pattern in the area.

A subsequent request by the applicant for reconsideration resulted in Council reaffirming its previous decision to refuse this application.

In November 1995, the Council received a new application for subdivision with a slightly altered subdivision pattern. This application was deferred and the applicant was requested to address the reasons for the previous refusal and to provide a building footprint/envelope for the redevelopment of the rear allotment. The applicant was further advised that Council was concerned at the impact on any two storey structure on adjoining properties.

The applicant submitted a sketch diagram which provided for a single storey split level residence located on the rear allotment. Other required information was also provided.

In the subsequent report to Council, the Development Control Unit commented:

According to the building envelope, the building at the rear would comprise a single storey dwelling house with a common boundary wall overlooking into neighbours' property will not be an issue. Any dwelling would be further advertised/notified and assessed with a future building application or development application.

A single storey development is not likely to cast any unreasonable shadowing on adjacent properties.

On the basis of the information provided by the applicant, (i.e. a single storey dwelling to the rear lot) the Development Control Unit recommended approval of the

subdivision.

In January 1996, the Council resolved to adopt this recommendation, subject to a condition which restricted any building on the rear allotment to effectively a single storey building with a similar footprint to that submitted by the applicant, with any variation being subject to the submission of details of how the variation will not result in increased impact.

In November 1997, the current building application (which provided for a two storey dwelling on the rear allotment) was submitted to Council. At this time it was noted that the applicant had failed to obtain signed linen plans from Council which would allow registration of the rear allotment with the Land Titles Office. This means that whilst development consent has been granted for the subdivision, the formal process of separating the allotments has not yet been undertaken.

The applicant has requested that Council determine this application utilising the provisions of "deferred commencement" under the Local Government Act, which would allow Council to approve of the application, however, the approval would not come into force until the subdivision had been formally registered.

This is considered a reasonable process in this instance.

PROPOSAL

It is proposed to construct a two storey brick and tile cottage, setback 6.6m from the rear boundary, with the additional storey being setback a further 2.3m from the rear boundary. Further, it is to be setback 1.0m from the eastern side and 1.3m from the western side.

The fibreglass pool located within the rear south eastern corner is to be relocated to the front boundary of the premises, adjoining the boundary of no. 13 Clyde Street.

TABLED INFORMATION

Proposed

Allowable

Required

Compliance

Yes No

Floor space (f.s.r.)

Floor space ratio

238.89m²

0.53:1

301.98m²

0.67:1

Yes

Yes

Height (Ridge) 8.85m 9.5m Yes
(Eaves) 7.0m 7.5m Yes
No. of storeys 2 N/A Yes
Setbacks (Side) 1.0m eastern side

1.3m western side

900mm Yes
Open space 276.73m² 45m² Yes
Site occupancy (2/3) 168.22m² 300.48m² Yes
Garage/parking 2 spaces 2 spaces Yes
Statutory Provisions

Council Codes & Policies

Comments

Compliance

Yes No

Local Got. Act & (Approvals) Reg. Fails to satisfy all relevant matters No
Waverley LEP 1996 Permissible within the zoning Yes
B.C.A. Complies Yes
Other Policies DCP No. 3 - fails to satisfy a number of objectives No
Heritage Item Not affected Yes
Development Consent Not required Yes

PUBLIC SUBMISSION

Adjoining and affected owners were notified and six submissions were received objecting the proposal, as follows:

Property

Location

Summary of objections

1 Hardy Street South Loss of light

Structural adequacy of existing retaining wall

Loss of privacy

Bulk and height

56 Murriverie Road South Contrary to the development consent and property not registered

No proposed demolition

Loss of privacy

Loss of value

Building over sewer lines

58 Murriverie Road South east as above
15 Clyde Street East Not registered

No proposed demolition

Dual occupancy against Council's interests

15 & 15A Clyde Street have heritage orders

Overshadowing

Loss of privacy

Loss of airflow

Grass will be destroyed

Loss of views

Noise pollution

Decreased value

Building over sewer lines

Pool fencing

Loss of value

Building a house at the back will mean you cannot object to the house at the front

15A Clyde Street East Loss of privacy

Loss of light

Reduction in airflow

Substantial variation from heritage style

11 Clyde Street West Affect on health

Loss of enjoyment

Environmental affect

Affect on privacy

DEVELOPMENT & BUILDING UNIT ASSESSMENT

The DBU inspected the site and examined the proposal in light of relevant Council Policy requirements, statutory provisions, conditions of development consent (relating to the subdivision) and submissions received.

Assessment: The DBU considered that the combined factors of the proposed buildings location, including its proximity to adjoining properties, size (including its height and visual bulk) and design (including the provision of windows at first floor level) all contributed to creating an unreasonable and excessive impact on the amenity of adjoining properties to such an extent that the proposal could not be supported.

(a) Location

The location of the proposed new two storey dwelling house will be within the rear yard area of what was previously a single allotment. It will be located adjacent to the rear yard area of the adjoining allotment to the east. Its size and height will cause significant impact on a number of surrounding properties, by way of overshadowing and visual bulk. Whilst any significant structure in this area will cause some impact, it is considered that the impact from the proposed building will be excessive and unreasonable.

(b) Design

The upper floor level contains four bedrooms and a living area (TV room). All rooms have large windows which will substantially overlook adjoining properties, again in particular, the rear yard area of the adjoining property to the east.

(c) Summary

Notwithstanding compliance with numerical policy requirements, the DBU considered that the application failed on merit. It was considered that the location of this allotment was inappropriate for a two storey dwelling house, and in this regard the applicant should give consideration to a single storey dwelling designed and located so as to minimise impact on surrounding properties.

RECOMMENDATION:

The application deferred to allow the applicant to give consideration to the submission of amended plans which provided for a single storey dwelling house, design and located so as to minimise impact on adjoining properties.

D2.980409

26 Blake Street, Rose Bay - Alterations and additions (BA 963/97)

Report dated 9 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.

 


RESPONSIBLE OFFICER: PAUL YACHMENNIKOV

PROPERTY: 26 BLAKE STREET, ROSE BAY BA NO: 963/97

Owner: Mr & Mrs P Margan Est. Cost: $70 000

Applicant: Mr R Nahum Date Rec'd: 30 December 1997

 


BRIEF DESCRIPTION

Alterations and additions

ZONING: Residential 2(a)

 


REPORT SUMMARY

1. To effect alterations and additions to the rear of the existing premises.

2. The proposal complies with Council's Codes and Policies.

3. One (1) objection received.

- loss of light

- loss of privacy

- loss of amenity

4. Recommendation: Approval subject to:

1. Roof over existing and proposed alterations and additions to be

non-reflective.

2. The masonry wall be setback 900mm from the eastern side boundary.

SITE DESCRIPTION

Location: Located northern side of Blake Street, between the intersections of Old South Head Road and Gilbert Street.

Dimensions/Area: Approximately 9.14m x 35.13m = 320m²

Topography: The site is located below the Blake Street alignment and there is currently no vehicular access to the site.

EXISTING DEVELOPMENT

A single storey timber cottage.

SURROUNDING DEVELOPMENT

Predominantly two storey brick and tile cottages, containing garages and carports within the front yard area.

PROPOSAL

The proposal provides for minor internal alterations to be undertaken within the rear portion of the building, comprising of the demolition of internal walls to make the floor plan more open.

An addition is proposed attached to the rear northern elevation, extending 2100mm from the existing rear northern external wall.

A covered deck is also proposed attached to the rear of the proposed addition, projecting a further 4400mm into the rear yard area and be partially sited up to the eastern side boundary.

Construction will comprise of timber framework, covered with a pitched colorbond roof to replace the existing flat roof over the rear portion of the premises.

TABLED INFORMATION

Proposed

Allowable/

Required

Compliance

Yes No

Floor space (f.s.r.)

Floor space ratio

138m²

0.43:1

243m²

0.76:1

Yes
Height (Ridge) 5.5m 9.5m Yes
(Eaves) 3.4m 7.5m Yes
No. of storeys 1 3 Yes
Setbacks (Side) (side) 900mm 900mm Yes
Statutory Provisions

Council Codes & Policies

Comments

Compliance

Yes No

Local Got. Act & (Approvals) Reg. Complies with relevant provisions of Section 89 and Clause 12 Yes
Waverley LEP 1996 Permissible within the zoning Yes
B.C.A. Complies Yes
Other Policies DCP No. 3 - complies Yes
Heritage Item Not affected Yes

PUBLIC SUBMISSION

Adjoining and affected owners were notified and one submission was received, as follows:

Property

Location

Summary of objections

28 Blake Street Eastern side Loss of light

Loss of privacy

Loss of amenity (glare)

COMMENTS ON

PUBLIC SUBMISSIONS

Loss of Light: The proposal remains a single storey cottage which now will be covered with a pitched roof. In this regard, it is considered that the proposed development is not considered excessive, or unreasonable and will have minimal impact on the adjoining premises.

Loss of Privacy: It is considered that no loss of privacy is likely to occur, as the subject premises is below the level of the level of No. 28 Blake Street.

Loss of Amenity: The adjoining owner raises the issue of glare from the proposed colorbond roof and to that of the masonry wall to be located up to the eastern side boundary.

It is considered that the proposed roofing and the masonry wall will not have an adverse affect on the amenity of the adjoining site, however, a condition can be imposed that the roofing material be of a non-reflective nature. The adjoining property to the west (No. 28 Blake Street) is higher than the subject property, and in this regard, it is not considered that the proposed masonry portion of the covered deck would adversely affect the amenity of the site, if it was setback 900mm from the boundary.

DEVELOPMENT & BUILDING UNIT ASSESSMENT

The DBU examined the proposal in light of the objection received and relevant Council Policy requirements.

It was considered that the single storey additions would not unreasonably impact on the amenity of the adjoining property to an extent that would warrant substantial change. A requirement for non-reflective roofing material and setting back the eastern side masonry wall at the rear by 900mm would mitigate impact on the adjoining property to the east.

RECOMMENDATION

The application be approved subject to the following conditions.

1. The colorbond roof over the existing and proposed alterations and additions is to be of a non-reflective nature, and in this regard, plans are to be amended prior to their release.

2. The masonry wall attached to the eastern elevation of the covered deck is to be setback 900mm from the boundary, to preserve the amenity of the adjoining sites. In this regard plans are to be amended prior to their release.

REPORTING OFFICER: ARIF FARUQI

D3.980409

60 Beach Road, Bondi Beach - Alterations and additions to a residential flat building (DA58/98)

Report dated 9 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.


 

SITE: 60 BEACH ROAD, BONDI BEACH

DATE REC'D: 27 FEBRUARY 1998

EST. COST: $ 900,000

APPLICANT: BAKER ASSOCIATES (ARCHITECTS)

OWNER: G SCHEMBRI


 

BRIEF DESCRIPTION: ALTERATIONS AND ADDITIONS TO A RESIDENTIAL FLAT BUILDING. ( RECENTLY APPROVED BY COUNCIL THROUGH DA 203/96)

ZONING: RESIDENTIAL 2(c1)

WAVERLEY LOCAL ENVIRONMENTAL PLAN, 1996


PRECIS OF REPORT

1. Internal and minor external changes to an approved 3 storey residential flat building.

2. The alterations do not compromise the standards set out in the DCP No.2.

3. The changes will have no major adverse impact on the adjoining properties.

4. A total of 3 objections were received.

5. Recommended for approval subject to conditions.


 

1.0 REPORT

1.1 Site Description/Existing Development

The subject site is located on the southern side of Beach Road in Between Glenayr Avenue and Gould Street intersection. The Site has a frontage of 12.19m and a depth of 47.85m. The total site area is 583m².

Currently on site is a dilapidated two storey flat building which is presently vacant.

1.2 Surrounding Development

Towards the east is an under construction 3 storey residential flat building whilst towards the west are older style two storey residential flat buildings. Towards the south is a three storey flat building and towards the north across Beach Road are 2 storey flat buildings.

1.3 Site History

Development application DA 203/96 was approved by Council on 26 November 1996 to construct a three storey residential flat building containing 6 units.

A section 102 application was submitted to Council on 9 December 1997 but was formally withdrawn on 27 February 1998. The application was withdrawn due to the large number of alterations being proposed which could not be considered under the provisions of Section 102.

2.0 ENVIRONMENTAL ASSESSMENT

2.1 Section 90

The site has been assessed and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979 and the following comments are submitted for consideration.

2.2 Statutory Requirements

The subject site is zoned Residential 2(c1) under the provisions of Waverley Local Environmental Plan, 1996. The proposed changes are permitted subject to Council's consent.

2.3 The Proposal

The applicant proposes to make alterations and additions to a three storey residential flat building which was recently approved on 26 November 1996. The changes to the approved plan includes the following.

1. The underground car park is being shortened at the front and at the back by approximately 1metre and 3.5 metres respectively. The stairs up to the ground floor have been reoriented to increase the aisle width for cars and the storage area has been reduced.

2. The wet areas in the units on the ground, first and second floors have been reorganised. The proposed under ground car park is to be mechanically ventilated instead of natural ventilation.

3. The envelopes of the two buildings have been altered sightly to allow internal reorganisation and new masonry balconies have been proposed on the northern and the western elevation.

4. The flat roof has been replaced by a pitched roof of 35 degrees.

3.0 MERIT ASSESSMENT

1. Underground car park and reorientation of the staircase.

The underground car park is being reduced by 1m at the front and 3.5m at the rear to reduce excavation. It is considered that this will have no material impact on the exterior of the building as the car park is generally underground. Furthermore the reorientation of the stairs will improve the aisle width for cars in the basement area, however, the stairs to the upper floors have been made compact and articulates the east elevation. Though the setback of the "stair tower" from the eastern boundary is only 1.5m, the total length for this setback is only 3.5m and it is considered that this will have no major impact on the adjoining property which is also a 3 storey flat building. It is moreover considered that the reduction of the storage area will not have any material impact on any of the adjoining buildings.

2. Reorganisation of wet areas and mechanical ventilation of the car park.

It is considered that the reorganisation of the wet areas within the units will have no adverse impact on the adjoining properties as these changes are all internal. It should be noted that this reorganisation does not change the category of the units.

The openings in the ground floor slab to permit natural ventilation are being deleted and mechanical ventilation is being proposed. It is considered that the new ventilation system will have no adverse impact on the adjoining properties.

3. Minor articulation of the building and addition of balconies

The laundry and bathroom of the rear units have been articulated so that they protrude 0.5m from the eastern elevation. This is considered to be a minor departure which is not likely to effect the bulk of the building to a great extent. The balconies which have been proposed on the western elevation protrude only 1m from the building line and it is considered that these balconies cannot be used for large gatherings. These balconies are not considered excessive and will have no major adverse impact on the adjoining properties. It is however, considered that the proposed privacy screens will totally enclose the balcony area and therefore these screens should not be more than 1.8m in height. This should be made a condition of consent.

4. Pitched roof @ 35 degrees

The initially approved flat roof is being replaced by a pitched roof with a 35 degree slope. It should be noted that the ceiling height of the building is not being changed and would remain below the 10m height limit. It is considered that the pitched roof will be more in character with the surrounding architecture especially when on No.58 Beach Road a similar pitched roof has been approved by Council. It is moreover considered that the proposed roof will have minimal impact on the adjoining buildings with regards to any additional over shadowing.

5. Garbage and Storage facilities

Though the garbage storage area has been reduced, it is considered that the proposed area is sufficient to accommodate mobile garbage bins for 6 units. The garbage storage area complies with the requirements given in the DCP No.19.

4.0 DEPARTMENTAL REFERRALS

4.1 Building Surveyors' Comments

The application was referred to the area building surveyor for assessment against the provisions of the Building Code of Australia. No objection is raised to the proposal subject to a number of appropriate conditions.

4.2 Corporate and Technical Services Comments

The Corporate and Technical Services Department has reviewed the amendments and are considered satisfactory. The following comments are offered:

"1. The car parking layout is considered satisfactory.

2. All stormwater from the site is to be disposed of to the satisfaction of the Manager - Technical Services and is to incorporate the principals of on site detention as required by Council's Stormwater Policy.

3. The plans should also be referred to Council's Park's, Beaches and recreation Department regarding the landscaping plan for the above development."

4.3 Council's Tree Supervisor's Comments

Council's Tree Operations Supervisor has reviewed the plans and the following comments are offered:

"There is a healthy specimen of Angophora costata (Sydney Apple Gum) on the nature strip which is to be protected during construction.

The applicant is to erect a barrier surrounding the tree at a minimum distance of 2 metres from the trunk to protect the tree's root zone. There is to be no storage of building materials at any time within this zone."

Comment: A condition will be imposed on the consent issued regarding the protection of the nature strip tree.

4.4 DBU Comments

The DBU have taken into consideration the previous approval by Council and the subsequent BA approval. The new application involves alterations and additions to the external fabric of the building and internal works. The applicant proposes to alter the aesthetics of the building by deleting the flat roof and incorporating a pitched roof together with more contemporary features. The DBU concur with the planning officer's report and recommend approval subject to appropriate conditions.

5.0 SECTION 94 CONTRIBUTIONS

The alterations and additions to the recently approved residential flat building does not change /alter the categories of the units, as such no extra Section 94 Contributions are to be levied.

6.0 PUBLIC COMMENT

The proposal was not required to be readvertised as this proposal had already been advertised for a 14 day period when a Section 102 application was lodged on 9 December 1997. The Section 102 had to be withdrawn due to the magnitude of changes which were proposed and required a new development application as against a section 102.

During the initial advertisement period 3 objections were received. The objections are considered below:

1. Roofing material ( objector - 17/54-56 Beach Road)

Comment: Concerns are raised with regards to the proposed corrugated roof which may cause additional noise during heavy rains and is liable to rust. Council should note that the corrugated sheets are properly treated for rust and therefore not considered as a major concern. The noise related with rain is also considered minor which will have minimal impact on the neighbouring properties.

2. Height of building (objector - 17/54-56 Beach Road)

Comment: The height of the building which is defined as "the vertical distance measured at any point from the ceiling of the topmost floor of the building to the natural ground level immediately below that point" under the DCP No.2 is within the 10m height limit. The RL of the ridge of the front units is 26.09 and for the units at the rear is 25.92 and when compared with the height of the proposed flat building at No.58 Beach Road there is a difference of 0.94 at the front and 0.77 at the rear. It is considered that this difference is minor and will have no significant impact with regards to any view loss from home units at No.54-56 Beach Road.

3. Western elevation and front balconies (objector - 1,2/122 Glenayr Ave, 54-56 Beach Road)

Comment: Concerns have been raised with regard to the new balconies being introduced on the western elevation and all the balconies including the approved front balconies being constructed in brick masonry.

It should be noted that the new balconies on the western elevation have a depth of 1m with privacy screens proposed towards the west to discourage overlooking into the neighbouring properties. It is considered that with a width of 1m the balconies cannot be used for large gathering or outdoor entertainment. The height of the privacy screens should however, be reduced to 1.8m so that the balconies cannot be used as living areas. Furthermore it is considered that the masonry balconies at the front will have minimal impact on loss of views.

4. Front and side setbacks (objector - 1,2/122 Glenayr Ave)

Comment: The front setback remains unaltered (7m proposed) whereas there is no major change with regards to the side setbacks which may cause adverse additional impact on the adjoining properties.

7.0 SUMMARY

It is considered that the changes proposed are minor which will not have any major adverse impact on the adjoining properties. The proposed balconies on the western elevation have a depth of 1m with privacy screens to reduce overlooking and the depth of balconies generally comply with Council's requirements. The setbacks remain unchanged except for the proposed new stair tower which will have minimal impact. The proposed roof pitch of 35 degrees is in keeping with the surrounding architecture and maintains a uniform street scape. The development application is therefore recommended for approval subject to conditions.

RECOMMENDATION: That the development application for alterations and additions to a residential flat building at 60 Beach Road, Bondi Beach be approved subject to the following conditions:

1. Compliance in all respects with Plan Nos. A01, A02, A03, A05, A06 and A07, tables and documentation prepared by Baker Associates Architects dated 25.2.98 and submitted with DA 058/98, 27 February 1998 except where amended by the following conditions of consent.

2. A separate approval is required for any of the following works or activities:

a) Erect a building or any part of a building;

b) Demolish a building or any part of a building.

3. The building/premises is not to be occupied prior to satisfactory final inspection or unless otherwise authorised by the Council.

4. All sound producing plan and equipment to operate in accordance with the requirements of the Noise Control Act and so as not to cause a nuisance to the public or the occupants of surrounding premises.

5. Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Erosion and Sediment Control policy and are to be implemented prior to commencement of any work or activities on or around the site.

6. The removal and disposal of asbestos material encountered in the demolition of existing buildings is to be in accordance with the requirements of Worksafe Australian Code of Practice.

7. The privacy screens proposed for the new western balconies are to be limited to 1.8m in height. Details are to be submitted with the building application.

8. The nature strip tree Angophora costata (Sydney Apple Gum) is to be protected during construction. The applicant is to erect a barrier surrounding the tree at a minimum distance of 2 metres from the trunk to protect the tree's root zone and there is to be no storage of building materials at any time within this zone.

9. All windows located within walls that are setback less than 3m from the side boundary are to be protected in accordance with the requirements of the Building Code of Australia.

10. The applicant is to provide details of the proposed method of projecting windows within walls that are located less than 3m from the boundary.

ADVICE TO APPLICANT

1. The proposal will require the submission and approval of a building application. The applicant is advised to contact Council's Planning and Environmental Services Department to determine any requirements.

2. Prior to occupation of the building the applicant is to obtain approval from the Council's Planning and Environmental Services Department.

3. Any changes to the proposal that are required as a result of conditions of development consent or any advisory notes should be incorporated with plans to be submitted with the building application. This will minimise the likelihood of any unnecessary delays in the building approvals process.

4. Adequate provision is to be made for the on-site storage of garbage/trade waste/recyclable materials in accordance with Council's Code for Waste Storage and Handling in Buildings. In this regard the applicant is advised to contact Council's Planning and Environmental Services Department to determine any requirements. Full details of the size and location of the garbage storage area must be provided with the building application.

5. All surface, subsoil and collected stormwater is to be conveyed to Council's stormwater drainage system and full details are to be provided with the building application. In this regard the applicant is advised to consult with Council's Planning and Environmental Services Department to determine any requirements.

6. In accordance with the requirements of Council's Stormwater Management Policy, provision is to be made for on-site stormwater detention (OSD). The applicant is advised that the on-site stormwater detention systems must be designed and constructed in accordance with the requirements of Council's OSD Technical Specification and relevant information can be obtained from Council's Planning and Environmental Services Department. Full details of OSD must be submitted with the building application.

7. Full details of the proposed method of controlling dust, erosion and sediment on the site during the course of building works are to be provided with the submission of the building application. The applicant is advised to contact Council's Planning and Environmental Services Department to determine any requirements.

8. A full list of essential services (fire safety) within the building and proposed to be installed is required to be provided at the time of submission of a building application.

9. The applicant is advised that the installation of mechanical ventilation systems may require a separate building approval and in this regard the applicant should consult Council's Planning and Environmental Services Department.

REPORTING OFFICER: MICHAEL BUCKLEY

D4.980409

463-465 Bronte Road, Bronte - Mixed Use Development (DA97/402)

Report dated 07 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.


 

SITE: 463-465 BRONTE ROAD, BRONTE

DATE REC'D: 2 JANUARY 1998

EST. COST: $400,000

APPLICANT: JACKSON TEECE CHESTERMAN & WILLIS

OWNER: S & A DEVELOPMENTS PTY LTD


 

BRIEF DESCRIPTION: MIXED USE DEVELOPMENT COMPRISING RETAIL ON GROUND FLOOR AND FIVE RESIDENTIAL APARTMENTS ABOVE (AMENDED APPLICATION)

ZONING: BUSINESS NEIGHBOURHOOD 3(c) UNDER WAVERLEY LOCAL ENVIRONMENTAL PLAN, 1996


PRECIS OF REPORT

1. Redevelopment of the site for retail on ground floor and five units above.

2. The total proposed floor space ratio of the building is 1.62:1 (including lift, lobbies and stairs). Maximum FSR permitted is 1:1.

3. The proposed building generally complies with the 9m maximum height. A small portion at the middle of the building exceeds the 9m height limit.

4. The proposal is short by four parking spaces.

5. A SEPP No.1 objection has been submitted for the height and the FSR.

6. Recommended that the SEPP No. 1 objection be upheld.

7. Two submissions received, one being in favour of the proposal.

8. Recommended for approval subject to appropriate conditions.


 

1.0 REPORT

1.1 Site Description/Existing Development

The site is located on the southern side of Bronte Road in between Pacific Street and Nelson Avenue intersection. The site is generally rectangular in shape and has an approximate frontage of 15.74m to Bronte Road. The total site area is 420m² and rises from Bronte Road by approximately 5m to its southern boundary.

Currently on site is a two storey building located on No. 465 occupying almost half the existing frontage of the total site. The last use of the building was a mixed development with a restaurant on ground floor and residence above. The other half of the site (No.463) is currently been approved for a nursery.

1.2 Surrounding Development

Towards the west is a three storey residential flat building whilst towards the east is a three storey mixed development. Towards the north across Bronte Road is a small car park and buses terminate with Bronte Park beyond. Towards the south (rear) are two and three storey residential flat buildings.

1.3 Site History

  • Development Application 32/70 dated 14 April 1970 was refused to erect a three storey private hotel and a residential flat building.
  •  
  • Development Application 197/70 dated 18 December 1970 to use shop premises for making and sale of picture frames and pictures.
  •  
  • Development Application 231/84 approved 10 December 1984 to use ground floor as a thirty seat restaurant with associated parking for 5 vehicles on adjacent site.
  •  
  • Council on 14 June 1997 deferred the subject application to allow the applicant to submit amended plans addressing the following issues:
  •  

1. A reduction in the FSR so that it is as close as is practicable to the LEP requirement of 1:1. Reductions in floor space are to be achieved by increasing setbacks from the east and west boundaries, increasing the setback from the rear boundary and decreasing the height by deleting the top storey.

2. The provision of adequate area for deep planting of mature trees is to be provided at the rear of the property so as to more effectively screen the buildings from properties on the north side of Pacific Street.

  • Development approval 275/97 approved 17 October 1997 to use the site at No. 463 Bronte Road for the retail and display of plants and landscaping items and associated garden items.

2.0 ENVIRONMENTAL ASSESSMENT

2.1 Section 90

The site has been assessed and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979 and the following comments are submitted for consideration.

2.2 Statutory Requirements

The subject site is zoned Business Neighbourhood 3© under the Waverley Local Environmental Plan, 1996. The development is permitted subject to Council's consent.

Clause 27 and Clause 28 of the Waverley Local Environmental Plan, 1996 specifies a maximum floor space ratio of 1:1 and a height limitation of 9m respectively. The FSR of the proposed building is 1.62:1 and part of the building is higher than 9m. The applicant has submitted a SEPP 1 for both the deviations.

2.3 The Proposal

The applicant intends to demolish the existing two storey mixed development located at No. 465 Bronte Road and seeks to construct a four storey mixed development with retail and eight car spaces on the ground level and five units above over both properties. The car park is partially excavated. The units fall within the following categories:

Ground Level: Parking for eight cars

Retail: 48m²

First Level: 2 x 2 bedroom units - 195m²

Second Level: 2 x 2 bedroom units - 195m²

Third Level: 1 x 3 bedroom unit - 140m²

Total Building Area excluding lift, lobbies and stairs: 578m²

Including lift, lobby and stairs: 681m²

Total Floor Space Ratio excluding lift, lobbies and stairs: 1.37:1

Total Floor Space Ratio including lift, lobbies and stairs: 1.62:1

Council will recall the previous approval involving the subject site, which deleted the fourth level (three bedroom unit). As a result of the approval, the applicant approached Council's officers and nearby residents to discuss common ground and the possibility of submitting a further application which reinstated the fourth level within a curved copper roof, subject to the floor having minimal impact on adjoining residences.

As a result, the applicant has furnished the following amendments and their effects to the adjoining residents.

ELEMENT AMENDMENT EFFECTS
Building and roof setbacks 3m building setback from the western boundary in accordance with Council's condition of consent for the previously approved application. The roof is setback from the street and setback from the rear.
  • Increase solar access to adjacent buildings and landscaping. Shadow cast is reduced (refer to submitted shadow diagrams)
  • Privacy in relation to the adjacent buildings increased.
  • Views increased from No. 461 Bronte Road.
Building Height The maximum height of the roof is at RL 23.61 and it falls away to the rear to a maximum height RL 23.265. The overall reduction in height from the previous scheme is achieved by reducing floor to floor heights of each level and excavating ground floor to provide finished slab level of RL12.00. With the third floor level now being RL 20.56 (previously at RL 21.65), the new proposal has a height of 1.09m lower than that of the previous scheme. This is also 1.09m lower than the approved scheme at the front and back with a height portion in the middle.
  • Maximum height close to the height of the existing building's roof ridge
  • Reduction in height of 0.9m at the front and 1.235m at the rear from the previous application
  • Increases solar access to adjacent buildings and landscaping. Shadow cast is reduced (refer to submitted shadow diagrams)
  • Views increased from No. 431 Bronte Road.
Car Park exhaust vent The vent that projected beyond a line of the southern wall of the top floor has been relocated within the body of the building
  • View corridor from rear to top unit No. 461 Bronte Road has been widened.
Appearance from the street The apartment at the top level is within a roof profile with copper sheet finish and dormer style windows
  • More appealing streetscape
  • Top floor is clearly differentiated from the rest of the building
  • Copper roof becomes a pleasant outlook for the surrounding properties
Landscaping Landscaped planters at the rear of the third floor have been widened. The car park is covered and deep soil planting is introduced.
  • Improved visual amenity and privacy
  • Opportunity to use wider range and more mature planting.

Tabled Information

DETAILS APPROVED

(23.9.97)

PROPOSAL REQ'D COMPLIANCE Y/N
Site Area

420m²

420m²

- -
F.S.R

Total exl Foyer, stairs and lift

1.65:1

1.42:1

1.62:1

1.37:1

1:1

No

(Refer 3.1)

Building Height from assumed natural ground level

*approx 9m front elev.

6.4m rear elev.

approx 7.5m middle

approx.10.72m front elev.

5.5m rear elev.

8.7m middle

9m

Partial

(Refer 3.2)

Parking 8 car spaces 8 car spaces 12 car spaces No

(Refer 3.3)

Bld Setbacks:

- Front

- E. Side

- W. Side

- Rear

In line with existing existing/1.5m

Nil/3.0m

8.2m/3.5m

In line with existing existing/1.5m

Basemt.Nil/Res.3.0m

7.9m/12.2m

-

-

-

Yes

(Refer 3.4)

* Note: the above approved heights exclude the fourth floor deleted by Council.

3.0 MERIT ASSESSMENT ON ABOVE NON-COMPLIANCIES

3.1 Floor Space Ratio

Council would recall that the previous approval was subject to the deletion of the fourth level, thereby reducing the fsr from 1.65:1 to 1.26:1. The new proposal now before Council has a FSR of 1.62:1 including all foyers, stairs and lifts with a net fsr of 1.37:1.

The applicant has demonstrated that by spreading the floor space over each level and then producing a fourth level, which sits midway on top of the third floor acknowledging increased setbacks to the western boundary reduces the impact of bulk and scale when presented to the street.

It is considered that the increase in floor space is reasonable as the building now sits comfortably within the existing built form along Bronte Road without compromising the amenity of surrounding residents.

3.2 Height

The proposed height of this new plan reaches 10.72m at the front portion of the curved roof with a further 900mm for the lift well. The remaining portion of the roof which slopes away to the rear of the site reaches 8.8m.

Council would be aware of the land at present being level and then an upward slope towards the rear where the building would be in partial excavation. For the purposes of measuring height and assumed natural ground has been designated by the surveyor from the front footpath to the existing levels at the rear, currently occupied by vegetation.

It should be noted that the height of the surrounding buildings are currently over 9m in height and the proposed height in proportion with the existing buildings is considered reasonable as it was Council's intention to ensure any infill building would be consistent with the streetscape in relation to height and bulk.

3.3 Parking

Council's Development Control Plan No. 14 - Bicycle and Car Parking has been considered for evaluating the parking requirements. The parking requirements are calculated as under;

1. Residential

- 4 x 2 bedroom units 4 x 1.5 = 6 spaces

- 1 x 3 bedroom units 1 x 2.0 = 2 spaces

- visitor 0.25 per dwelling or part thereof = (1.25 spaces) i.e 2 spaces

10 spaces

2. Commercial

- Retail area = 47m²

- 1 space per 30m² GLA 2 spaces


TOTAL PARKING SPACES 12 SPACES


A total of twelve (12) parking spaces are required for the proposed development. The proposed development provides 8 parking spaces and therefore a shortage of 4 parking spaces exist. It is considered that as this the development is quite close to the Bronte Beach Car Park and frequent bus service in the vicinity the deficiency of 4 car parking spaces the impact would be minimal. The deficiency of 4 car parking spaces in theory will contribute to the demand for on street parking. However, in practice the expectation of No.463 to be developed would have occurred possibly with little parking as with earlier developments in the commercial strip.

3.4 Building Setbacks

The building complies with the front setback as it is in line with the existing building and existing structures within the street. There is no requirement for side and rear setbacks. However, the applicant has proposed in accordance with Council's previous approval, a 3m setback to the main wall of the building and 2.1m for the rear terrace area along the western elevation.

The rear setbacks are maintained with the terrace at the rear being 5.13m from the rear boundary. Setbacks on the eastern boundary are maintained at a nil setback for the front half of the building, which currently exists for the present building, and extends to a 1500mm setback for the rear half of the structure allowing for light and ventilation to both occupants of the building and the adjoining building at No. 467 Bronte Road.

3.5 Landscaped Area

Due to the increased rear and side setbacks, the area for landscaping and plantation has been increased. The applicant now has improved the planter box, which runs along the entire rear boundary at a width of 5m and depth of 1.4m. This will easily accommodate appropriate screen planting which was an issue raised by the residents at the rear in Pacific Street. Notwithstanding further planting will be achieved along the western elevation at level 1 along the planter box provided above the basement car park. The applicant has submitted with the development application a landscape schedule outlining the species to be planted and therefore would be part of any development approval granted by Council.

4.0 STATE ENVIRONMENTAL PLANNING POLICY NO. 1 (SEPP 1)

As part of the statutory procedure, the applicant has submitted a SEPP 1 objection giving justification for the departure of floor space ratio under Clause 27 of Waverley Local Environmental Plan, 1996 and departure of height under Clause 28 of the same LEP.

The same issues from the previous application still stand, that is the floor space requested by the applicant is proportionated with the surrounding buildings and therefore not out of character when viewed in relation to existing streetscape.

It is considered on merit, that the building should not strictly be judged against the FSR standard alone set by Waverley Local Environmental Plan, 1996 but also be evaluated and weightage be given with regards to maintaining an uniform street facade and the relationship with the bulk of the adjoining buildings. Given the nature of the site, the bulk of the adjoining buildings and the skyline of the streetscape, it is considered that when the building is viewed externally, it is proportionate in bulk and scale to the surrounding buildings and unlikely to have a detrimental impact on the streetscape.

With regards to height, the building has been reduced in height and reconfigured slightly on the fourth floor to maintain views from adjoining buildings.

It is considered that though the height of building is partially over the height limit of 9m, it sits well within the surrounding built form and does not compromise the aims and objectives.

5.0 DEPARTMENTAL REFERRALS

5.1 Building Surveyors' Comments

The application was referred to the District Building Surveyor for assessment against the provisions of the Building Code of Australia. A number of issues have been raised with regards to side setbacks and compliance with the Building Code of Australia. No objection is raised to the proposal subject to appropriate conditions attached to any development consent granted by Council.

5.2 Corporate and Technical Services Comments

The Corporate and Technical Services Department has reviewed the amended plans and the following comments are offered for consideration:

"1. The car parking layout is considered satisfactory.

2. All stormwater to the site is to be disposed off to the satisfaction of the Manager Technical Services and is to incorporate the principles of onsite detention and stormwater reuse in accordance with Council's adopted Stormwater Policy.

3. The plans should also be referred to Council's Parks, Beaches and Recreation Department for any comments they wish to make regarding the potential loss of existing mature trees on the site."

5.3 Parks Supervisor Comments

Council's Parks Supervisor has made the following comments with regard to the existing vegetation.

"There are some large trees on this site that have unfortunately been planted inappropriately. There are not suitable for transplanting and may be removed.

The proposed landscaping at the rear seems satisfactory, however, the larger trees in the 75l sizes must be a minimum of 3-4m in height to provide some screening for the properties at the rear."

6.0 PUBLIC COMMENT

In accordance with Council's policy, the amended proposal was notified individually to adjoining residents, in the local newspaper, site notice and via the precinct committee, for a period of 14 days from 14 January 1998.

As a result of the exhibition, one letter of objection was received from the owner occupant within 12/461 Bronte Road (residential flat building west).

A letter was also received from a resident at the rear at No.15 Pacific Street giving his support to the proposal.

The objection raised by the resident of Unit 12/461 Bronte Road raises concern to the topmost floor that was previously removed and now has been incorporated in this proposal. This raises concern with regards to height and the projection towards the road of the proposed building.

The objector therefore requests Council to insist that:

"1. The building at no point be any higher than the existing peak of the roof of 465 Bronte Road.

2. The building project no further forward at any level than the existing building at 465 Bronte Road."

Comment: The applicant has indicated on the submitted plans that the building is marginally higher than the existing roof ridge of 465 Bronte Road. However, due to the curved design of the top floor, it extends further towards the front and the rear of the said existing ridge line. It is considered that the proposed top floor is a reasonable compromise from the previous top floor.

The supporting resident of 15 Pacific Street has discussed the issues with the applicant and Council staff due to the previous application being a serious impediment upon his amenity and others in Pacific St.

In summary, the resident makes the following comments, inter alia:

"The shadow diagrams I was shown indicate that this revised proposal would have less overshadowing impact on the lower floor units of 461 Bronte Road than a proposal built to the height of the consent condition would allow.

Although the revised proposal still has greater impact on views from the top unit at 461 Bronte Road, then a deletion of the top floor (as per the condition), it is a reduction from the previous proposal.

As viewed from the rear (where I live), although the revised proposal would be approximately 1.3m higher than the development built to the consent conditions, the top portion is setback. In my opinion, a curved copper roof and landscaping on the terrace is a preferable outlook than a lower building with a flat roof.

On balance, in my opinion, the revised proposal is worthy of support so long as it retains all the features described above through design, development and realisation."

7.0 SUMMARY

It should be mentioned, that the very first application raised some considerable concern by residents, which was evident on the Saturday inspection. Residents were quite adamant about their thoughts on the proposal and its impacts. The second proposal, which Council approved subject to the deletion of the fourth level, attracted 22 individual objections including a submission from the Precinct Executive.

The proposal now considered by Council has only one objection, that of a resident living on the top floor of the adjoining western flat building (No. 461). The letter of support comes from a Precinct member, who lives directly behind and supports the proposal now before Council.

During the assessment of the previous application, Council gave a clear indication of the issues that were of major consideration in granting the approval, which were also raised by surrounding residents. The applicant has approached residents with a view to ameliorate their concerns with regards to height, loss of views and privacy. This has resulted in a new application detailing the results of that mediation process.

Council's Planning and Environmental Services Department, who have dealt with the previous number of applications, consider this proposal an outcome that will please the majority of surrounding residents and not be considered an eyesore on the Bronte Road streetscape.

Overall, it is considered that the proposal has taken the past concerns and current issues raised by Council staff, resulting in a building that is worthy of favourable consideration as an acceptable infill development within the Bronte Beach precinct.

Therefore, it is recommended to Council that the application as submitted be approved subject to appropriate conditions.

RECOMMENDATION:

A: Pursuant to the applicant's objection under State Environmental Planning Policy No. 1 and the powers delegated to the Council by the Director of Planning, the provisions of Clause 27 - Floor Space Ratios and Clause 28 - Height in Business Zones of Waverley Local Environmental Plan 1996 be waived in the light of the report above.

B: That Council as the consent authority grant development approval for the establishment of a mixed development comprising five units and one shop at 463-465 Bronte Road subject to the following conditions.

1. The proposed development being carried out in accordance with the development application No. 402/97, submitted 2 January 1998 and to conform with Plan Nos. A.01/DD, A.02/DD, A.03/DD issue 04, dated 17.12.97 and received by Council 22 December 1997, except where amended by the following conditions.

2. Pursuant to Section 94 of the Environmental Planning and Assessment Act and as a need brought about by the proposed development, the applicant/owner to contribute the sum of:

a) $5,150 towards Council's Open Space Reserve Fund for the acquisition, improvement and maintenance of Council Reserves and Parks in the locality, and

b) $8,660 towards Council's Community Facilities and Amenities Fund for the provision, improvement and maintenance of such services in the locality, and

c) $165 towards Council's Bus Facilities for the provision and improvement of public transport access and facilities, and

such amount to be paid prior to the release of approved building plans.

However, if such amounts in (a), (b) and © above are not received within 2 years of the issue of this notice, then the contribution is to be up-graded in line with any new rates of contribution adopted by Council after application of an inflation factor.

3. A separate building application is required to be submitted to Council's Planning and Environmental Services Department. The applicant is required to confer with the area Building Surveyor in this regard.

4. All stormwater from the site is to be disposed of to the satisfaction of the Manager Technical Services and in accordance with Council's adopted stormwater policy and is to incorporate on site detention. Details are to be submitted with the building application.

5. Council requires, where possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings erected within the Council area so as to help protect existing areas of rainforest. In this regard, a schedule of the timber products proposed to be used in the building is to be submitted with the building application, and, where the application is to use timbers not recommended in Council's policy, reasons are to be given why the alternative timbers recommended cannot be used.

6. The applicant is advised that Council policy prohibits the use of organochlorin pesticides as termite barriers in new development. Rather, in accordance with Australian Standard 3660: Protection of building from subterranean termites - Prevention, detection and treatment of infestation, physical barriers are to be used. The applicant is to contact the Health and Building Department of Council for further information about the types of physical termite barriers permitted under AS3660.

7. The applicant is required to submit a detailed landscaping plan along with the Building Application to be approved by Council's Landscape Architect.

8. A schedule of external finishes shall be submitted with the building application for Council's consideration and approval prior to release of building plans. The schedule shall include details of proposed external wall and roofing materials in the form of either trade brochures or building samples. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving, and balustrading details, and guttering, colour and profile.

9. A separate development application is to be submitted to Council for assessment for the future use of the retail shop.

ADVICE TO APPLICANT

1. Inadequate details have been provided to allow a proper assessment with regard to fire and life safety measures. The applicant is advised to contact Council's Planning and Environmental Services Department to determine any requirements. Failure to do so may result in a delay in processing the building application.

2. All seepage and surface waters and roof waters being collected and conveyed in underground pipes to Council's stormwater system, at the applicant's cost, in accordance with the requirements of the Manager Technical Services and the applicant to confer with that Officer prior to submission of a formal building application.

3. The method of collection and disposal of garbage and refuse arising from the usage of the building being in accordance with the requirements of Council's Planning and Environmental Services Department and in this regard the applicant/owner to consult with the relevant Officer prior to submission of a formal building application.

4. The applicant is advised to comply with the following, with regard to the proposed garbage storage area:

a. The garbage storage area being partitioned internally to provide for the separate storage of commercial and residential waste.

b. The commercial waste storage area being located within the northern end of the enclosure and have a minimum internal width of 1.2m.

c. The commercial and household waste areas being provided with an internal shelf, 1.5m above ground level for the storage of recycling containers.

d. The two waste storage areas being suitably labelled to ensure the separate storage of commercial and household waste to the satisfaction of Council.

REPORTING OFFICER: ARIF FARUQI

D5.980409

4/47 Francis Street, Bondi - Alterations and additions to Unit 4 (DA44/98)

Report dated 8 April 1998 from the Development & Building Unit.

Recommended: That the application be approved in accordance with the conditions contained in this report.


 

SITE: 4/47 FRANCIS STREET, BONDI

DATE REC'D: 17 FEBRUARY, 1998

EST. COST: $ 5,000

APPLICANT: ARTHUR KATSIFIS

OWNER: ARTHUR KATISFIS


 

BRIEF DESCRIPTION: TO EFFECT ALTERATIONS AND ADDITIONS TO UNIT 4 OF AN EXISTING RESIDENTIAL FLAT BUILDING

ZONING: RESIDENTIAL 2(c1)

WAVERLEY LOCAL ENVIRONMENTAL PLAN, 1996


PRECIS OF REPORT

1. The proposal is to replace an existing window with a glass door in a residential flat building which is part 3 part 4 storeys in height.

2. The proposal has been considered on its merits and is found to be satisfactory.

3. A total of 4 objections have been received.

7. Recommended for approval subject to conditions.


 

1.0 REPORT

1.1 Site Description/Existing Development

The site is located on the northern side of Francis Street in between Ormond Street and Lucius Street intersection. The site is located below street level and falls down towards the rear. The site has a frontage of 14.33m and approximate depth of 47.7m. The approximate area of the site is 683m².

Currently on site is a part 3 part 4 storey residential flat building.

1.2 Surrounding Development

The site is surrounded by 3 and 4 storey residential flat buildings.

1.3 Site History

Council records indicate that no development application has been determined for the subject property.

2.0 ENVIRONMENTAL ASSESSMENT

2.1 Section 90

The site has been assessed and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979 and the following comments are submitted for consideration.

2.2 Statutory Requirements

The subject site is zoned Residential 2(c1) under the provisions of Waverley Local Environmental Plan, 1996. The proposed development is permitted subject to Council's consent.

2.3 The Proposal

The applicant proposes to replace an existing window on the ground floor by a timber and glass door located in the middle of the front elevation of an existing residential flat building.

3.0 MERIT ASSESSMENT

The applicant intends to make minor changes to the facade of the existing residential flat building where the front window on the ground floor is being replaced by a double timber glass door. The proposal has been judged on its merits especially taking into account the uniformity and appearance of the building. It is important to note that the subject site is well below the street level and the entrance to the flats is through a walkway which connects the building at the first floor level.

The proposed door is located directly below the walkway and the main entrance and is off a bedroom to Unit 4. Due to the site being considerably below the street level and the position of the existing walkway the change to the overall facade of the building due to the proposed door is minimal and it is considered that it will have no detrimental impact on the overall architectural appearance of the building. Also due to the door being in the centre of the front elevation the disturbance to the uniformity is considered minimal. The applicant has also stated that the new door will be fitted with security door with steel bars and therefore the security risk would be minimised. The proposed changes are therefore considered to be satisfactory and recommended for approval.

4.0 DEPARTMENTAL REFERRALS

4.1 Building Surveyor's Comments

No objection was raised subject to certain conditions being attached to the development consent if the proposal is approved.

4.2 Corporate and Technical Services Comments

The plans were examined by the Technical Services department and were considered satisfactory.

4.3 DBU Comments

The DBU inspected the site and raise no objection to the minor work. It will not impact on the aesthetics of the flat building or compromise the use of any common property.

5.0 PUBLIC COMMENT

In accordance with Council's policy, the proposal was notified to adjoining owners and occupiers for a 14 day period from 19 February, 1998. During this period 4 submissions were received. The objections are addressed below:

1. Impact on facade. (Objectors 7,12,15/47 Francis Street)

Comment: It is considered that the impact on the facade of the building would be minimal as the land is well below the street level together with the proposed door being obscured by the existing walkway above.

2. Private entrance to set a precedence. (Objectors 7,12,15/47 Francis Street)

Comment: Any new proposed entrance will be assessed on its merits taking into consideration how it would affect the elevation and facade of the building.

3. Security risk (Objectors 7,12,15/47 Francis Street)

Comment: It has been submitted by the applicant that the new entrance will be secured with a door with steel bars and relevant security locks. The door will be more secure than existing front door entrance which consists of glass panels only.

4. Private use of lower garden (Objectors 7,12,15/47 Francis Street)

Comment: There is no evidence to indicate that the lower garden area would be used exclusively by the residents of unit No.4. No changes to the garden area have been proposed where it can be ascertained that the area would be exclusively used for private use. Furthermore, as the area is common property, the Body Corporate has care and control of this area.

6.0 SUMMARY

The proposal for the replacement of the front window with a timber frame door has been assessed taking into account the uniformity and architectural appearance of the building and it is considered that the new door will have minimal impact on the overall external appearance and therefore recommended for approval.

RECOMMENDATION: That the development application for alterations and additions to unit No.4 of an existing residential flat building located at 47 Francis Street, Bondi be approved subject to the following conditions:

1. Compliance in all respects with Plan No. CS-01 tables and documentation dated 20.1.98 and submitted with DA 044/98 dated 17 February 1998 , except where amended by the following conditions of consent.

2. A separate approval is required for any of the following works or activities:

a) Erect a building or any part of a building;

3. Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Erosion and Sediment Control policy and are to be implemented prior to commencement of any work or activities on or around the site.

ADVICE TO APPLICANT

1. The proposal will require the submission and approval of a building application. The applicant is advised to contact Council's Planning and Environmental Services Department to determine any requirements.

2. Any changes to the proposal that are required as a result of conditions of development consent or any advisory notes should be incorporated with plans to be submitted with the building application. This will minimise the likelihood of any unnecessary delays in the building approvals process.

3. Full details of the proposed method of controlling dust, erosion and sediment on the site during the course of building works are to be provided with the submission of the building application. The applicant is advised to contact Council's Planning and Environmental Services Department to determine any requirements.

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