Iris Diversified Property Pty Limited v Randwick City Council - [2010] NSWLEC 1265

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION: Iris Diversified Property Pty Limited v Randwick City Council [2010] NSWLEC 1265

PARTIES:
APPLICANT
Iris Diversified Property Pty Limited
RESPONDENT
Randwick City Council

FILE NUMBER(S): 10004 of 2010

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- alterations and additions to an existing hotel, the erection of a multi-unit housing development and Torrens title subdivision - bulk - scale - height - breach of the floor space ratio and landscape area development standards - inadequate setbacks - excessive excavation - sight distance to the car park exit - resident concerns

LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Randwick Local Environmental Plan 1988
State Environmental Planning Policy No 1

CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46
MacDonald v Mosman Municipal Council 105 LGERA 49

DATES OF HEARING: 23, 24 August 2010

EX TEMPORE JUDGMENT DATE: 24 August 2010

LEGAL REPRESENTATIVES:
APPLICANT
Mr C McEwen SC with Mr M Staunton
SOLICITORS
Pikes Lawyers
RESPONDENT
Mr J Robson SC
SOLICITORS
Shaw Reynolds Bowen & Gerathy

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Brown C

24 August 2010

10004 of 2010 Iris Diversified Property Pty Limited v Randwick City Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the deemed refusal of DA/395/2009 by Randwick City Council (the council) of Development Application No 395/2009 for alterations and additions to the existing Clovelly Hotel, the erection of a multi-unit housing development and Torrens title subdivision at 379-401 Clovelly Road, Clovelly (the site).

2 The contentions raised by the council are limited to the proposed multi-use housing development, although there was disagreement on a number of conditions of the council. The contentions raised by the council originally related to the bulk, scale and height and breach of the floor space ratio (FSR), inadequate setbacks, excessive excavation and the entry to the car park however with the submission of amended plans, these contentions were adequately addressed, although the residents who provided evidence maintained their opposition. The residents also raised other contentions including the impact on the heritage significance of the hotel, the loss of existing vegetation, the unacceptable visual impact when viewed from Clovelly Beach, and the adjoining parks and walkways and loss of privacy.

The site and surrounding area

3 The site is Lot 1 in DP 105854. The site forms part of an island between Clovelly Road and Donnellan Circuit; with Donnellan Circuit diverging from Clovelly Road near the intersection of Clovelly Road and Keith Street, and rejoining near Walker Street, creating an island of five separate parcels of land. The boundaries of the site are irregular with a main frontage along Clovelly Road of 58 m, a frontage to Donnellan Circuit of 33.7 m, an eastern side boundary of 43.615 m and a western side boundary of 52.25 m giving a site area of 2,423 sq m.

4 The Clovelly Hotel currently operates on the site. It is listed as a heritage item by the council and comprises three levels with facilities typical of most hotels. Several major extensions and renovations of varying styles have taken place to the hotel building since its original construction. The hotel's building form is concentrated towards the Clovelly Road boundary with the rear of the site largely being an elevated open area providing parking, barbecue facilities and outdoor seating.

5 On the opposite side of Donnellan Circuit is Clovelly Beach. The main vehicular and pedestrian entry to Clovelly Beach is 300 m to the east along Clovelly Road.

6 The locality comprises primarily of medium to high density residential development. The dominant built form is 3-4 storey residential flat buildings or multi-unit housing. To the west of the site is an existing older style residential flat building with three levels of accomodation over a garage level (377C Clovelly Road) and to the west is a newer multi-unit housing development with four levels of accommodation over a car park with access at street level (403 Clovelly Road).

The proposal

7 The proposal provides for 3 main components:

1. Alterations to the existing Clovelly Hotel building and improvements including the demolition of existing restrooms and kitchen, construction of a new dining area, kitchen and bar, erection of an awning over the existing outdoor bistro dining area, extension of landscaping over the existing driveway, and construction of new basement car park under the rear of the hotel providing 18 car parking spaces.

2. Construction of a multi-unit housing building separate from the hotel, comprising 4 levels containing 3 x 2 bedroom apartments and 3 x 3 bedroom apartments, one level of basement car parking with 10 spaces accessible from Donnellan Circuit, a rooftop terrace with pool, associated landscaping and other operational facilities.

3. The Torrens title subdivision of the Clovelly Hotel section from the multi-unit housing section of the site and strata subdivision of the multi-unit housing development.

8 The proposal provides for the area of the proposed lot containing the multi-unit housing to have an area of 746.23 sq m, and the proposed lot containing the existing hotel to have an area around 1,677 sq m.

Relevant planning controls

9 The site is within Zone No 2C (Residential C Zone) under Randwick Local Environmental Plan 1988 (LEP 1988). The proposed development is permissible with consent within this zone.

10 Clause 2 provides aims for the plan, and cl 9 provides that consent may only be granted if the proposed development is consistent with the general aims of the plan and the specific zone objectives. The relevant zone objectives are;

(a) to provide for a medium density residential environment; and

(b) to maintain the desirable attributes of established residential areas; and

(c) to protect the amenity of existing residents, and

11 Clause 20B provides minimum allotment sizes for subdivisions, cl 20E provides landscape area requirements for the site (a minimum 50% of total site area), cl 20F provides FSR requirements (0.9:1), cl 20G provides maximum height (cl 20B(2) requires a maximum 12 m measured vertically from any point at ground level) and wall height requirements (cl 20B(4) requires a maximum 10 m height). The proposal satisfies the requirements for minimum allotment size and maximum height and wall height requirements. Objections under State Environmental Planning Policy No 1 - Development Standards (SEPP 1) were provided for the landscaped area and FSR development standards to show why strict compliance was unreasonable and unnecessary in this case.

12 The site is also within a foreshore scenic protection area and cl 29(2) requires that consent can only be granted after consideration of "the probable aesthetic appearance of the proposed building in relation to the foreshore".

13 Clause 40(a) provides requirements for earthworks and requires consideration of "the likely disruption, of, or detrimental effect on, existing drainage patterns and soil stability in the locality".

14 Part 4 provides Heritage provisions with cl 43(4) requiring consideration of "the effect of the proposed development of the heritage significance of the heritage item", that is the Clovelly Hotel.

15 The Randwick Council Multi-Unit Housing Development Control Plan (the DCP) applies with relevant provisions at cl 3.3 for building setbacks, cl 3.4 for density, and cl 6.2 for foreshore scenic protection areas.

FSR and landscaped area requirements

16 Expert town planning evidence was provided by Mr Stuart Harding for the council, and Mr David Furlong for the applicant. Mr Furlong provided SEPP 1 objections for the breaches of the FSR and landscaped area development standards. Both SEPP 1 objections raise the same issue of what is the appropriate "site area"; the area of the pre-subdivided lot, that is Lot 1 in DP 105854 (2,423 sq m) or the area of the proposed lot to accommodate the multi-unit housing development (746.23 sq m).

17 LEP 1998 defines “site area” as:

site area,

in relation to development means the area of land to which an application for consent to carry out development relates but does not include any part of that land on which the development is not permitted by, or under this plan, or any other environmental planning instrument.

18 In my view, the answer is that both assessments should be considered, and this can be appropriately done through the SEPP 1 objection although I acknowledge that a strict reading of the definition would likely mean that the site area should be construed as meaning the existing lot being Lot 1. This however presents some practical problems when the application is to subdivide Lot 1 and create a separate lot for the multi-unit development and the hotel.

Floor space ratio

19 The agreed position was that the FSR of the multi-unit housing development and the hotel, including the proposed alterations and additions is 1.06:1. The FSR for the new lot containing only the multi-unit housing is 1.245:1.

20 The SEPP 1 objection adopts the approach as set out in Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46. As the standard does not have specific objectives, the SEPP 1 objection adopts the following purpose for the standard as identified in cl 20F:

To operate together with the controls for building height and landscaped area to limit the size, scale and site coverage of the building, having regard to the environmental amenity and aesthetic character of the area.

21 The SEPP 1 objection concludes that the proposed development satisfies the purpose of the development standard for the following reasons:

22 In my view, the critical FSR calculation is that which reflects the subdivided site as it reflects the context in which it will ultimately be seen, not withstanding the approach directed by the definition of site area in LEP 1998. The FSR of 1.245:1 should be tested against the purpose of the development standard as set out in Winten. This was carried out by Mr Furlong and found to be acceptable. Mr Harding came to a similar conclusion in his assessment.

23 I concur with their conclusions based on the environmental amenity and aesthetic character of the area, for a number of reasons. Importantly, the site has a limited visual catchment, and its context is largely confined to the adjoining residential buildings on each side being 403 and 377C Clovelly Road. I am satisfied that the proposed building form sits comfortably within this context, having similar street setbacks and heights that reflect the topography of the area with the stepping down of the buildings with the fall of the land. I am also mindful that the recently constructed building at 403 Clovelly Road has an FSR of 1.398:1.

24 While much concern was raised by residents of the loss of existing vegetation from the site, largely near the street frontage and within the road reserve; the site inspection highlighted a similar approach adopted for the adjoining building at 403 Clovelly Road as for this application with replanting of the front setback area. I have also taken into consideration the detailed landscape plan that seeks to maximise the street setback area and road reserve vegetation while still providing the views from the units towards the ocean.

25 Given the compliance with the requirements for maximum height, wall height and the lack of amenity impacts, I accept that the proposed building provides a suitable level of environmental amenity, and does not offend the aesthetic character of the area. For these reasons, I find that the SEPP 1 objection is well founded, and strict compliance with the development standard is unreasonable and unnecessary in this case.

Landscaped area

26 The SEPP 1 objection for the landscaped area requirement was also addressed in relation to the original Lot 1 and the proposed subdivided lot. Clause 20E requires a 50% landscaped area, and the agreed position was that the proposal provides a landscaped area of 36% when calculated against Lot 1, and 50.8 % when calculated for the proposed subdivided lot.

27 For the reasons mentioned previously, I am satisfied that the landscaped area is more practically assessed on the proposed subdivided lot, and in this regard, the landscaped area requirement is 50.8%. I am largely untroubled by any assessment that includes the hotel in terms of landscaped area, given its non-residential use (notwithstanding the residential zoning of the site) and the irrelevance of the control that applies to a residential use. In any event, I note that the amount of landscaped area on the new hotel site is greater than currently exists.

28 The SEPP 1 objection for the landscaped area adopts a similar approach to the FSR objection. The objectives of the standard are not provided, however, Cl 20E provides the following purpose:

To operate together with controls for floor space ratio and building height to limit the size, scale and site coverage of a building, having regard to the environmental amenity and aesthetic qualities of the area.

29 Mr Furlong states that the proposal satisfies the purpose, and Mr Harding also accepts that the proposal satisfies this purpose.

30 Given that the multi-unit housing will be seen as a distinct and separate entity from the hotel, and that adequate landscaped area is provided for the future occupants of the building, I find the SEPP 1 objection is well founded, and strict compliance is unreasonable and unnecessary in the circumstances.

Sight distance

31 Mr Robert Varga addressed the contention of traffic and ingress and egress from the car park, for the applicant. The council provided no expert traffic evidence, although Mr Varga was cross-examined on his conclusions that adequate sight distance was provided. He based his conclusions on a 7-day traffic survey conducted in July where it was found that the 50th percentile speed was 41 kph, and the 85th percentile speed was 50 kph. Based on the 85th percentile speed of 50 kph, the Standards Australia publication Parking Facilities Part 1, Off Streetcar Parking AS 2890.1-2004, advocates a minimum driver sight distance requirement of 40 m. Mr Varga measured the available sight distance at 45 m.

32 The AUSTROADS Guide to Road Design (2009) nominates a minimum stopping site distance of 42 m, and a desirable approach sight distance (ASD) of 48 m. Mr Varga also states that AUSTROADS Guide to Road Design (2009) notes the following in respect of desirable approach site distance criteria,:

The criteria above often cannot be obtained at access on roadways with tighter horizontal and vertical alignments or sensitive vegetation,

Obtaining ASD at domestic accesses is often not necessary due to the familiarity of their location by the users

33 Given a site distance of 45 m, Mr Varga concludes that adequate sight distance is available.

34 In the absence of any expert evidence to refute Mr Varga's conclusions, I accept that adequate sight distance is provided for the ingress and egress point to the car parking for the proposed development. I also accept Mr Varga's evidence that while his survey was undertaken in winter, and that additional traffic would likely occur in summer months because Donnellan Circuit provides access to Clovelly Beach; the traffic speeds are likely to be reduced at this time because of the additional vehicles using Donnellan Circuit and the additional kerbside parking for beach goers.

Resident objections

35 The resident objectors raised a number of concerns not seen by the council as contentions in these proceedings. As explained to the Court, any objections from the adjoining buildings at 377C and 403 Clovelly Road were addressed through the amended plans, and no residents from these buildings provided evidence to the Court. The objectors who provided evidence were located to the east from Park Street and Surfside Avenue. These streets are located some 80 m from the site, although the site can be seen from some properties in these streets. The additional matters not addressed previously are:

Heritage impacts

36 The impact on the heritage significance of the hotel was addressed in the Statement of Heritage Impact by Archnex Designs. This report concluded the following the amended plans, "the proposal is now fully supportable in terms of both potential heritage and future conservation considerations". This was a conclusion accepted by the council, and having read the report, I also accept its conclusions.

Appearance

37 The appearance of the proposed buildings was a consistent issue raised by the residents who gave evidence on the site inspection. The impact on the areas around Park Street and Surfside Avenue was observed on the site view, including from one dwelling in Surfside Avenue.

38 With the benefit of the site view, I am satisfied that the appearance of the building would not warrant the refusal of the application. While some 3 trees on the site that currently contribute to the vegetated outlook from the east will be removed, existing trees in the public reserve on the opposite side of Donnellan Circuit to the site (located between the site and the properties to the east) will remain and continue to provide some screening. Additional trees are also to be located in the public reserve. I note that the applicant, by way of a condition of consent, is to provide a $14,000 contribution towards the embellishment of this public reserve.

39 Overall, and even though some trees will be lost, some weight must be given to the zoning of the land that contemplates multi-unit housing, and the proposal's landscaping plan that seeks to re-establish landscaping on the site. At present, the site and road reserve is largely weed infested, and the landscape plan provides for plants endemic to the area while maintaining view corridors to the building from the building towards the ocean.

Staging

40 Concern was also expressed over the potential staging of the development that could see the residential component completed but without undertaking the works associated with the hotel. As I understand, a condition acceptable to both parties was prepared to ensure the completion of the complete development concurrently.

Excavation

41 The amount of excavation was raised consistently by the residents. Clause 40 of LEP 1998 requires consideration of "existing drainage patterns and soil stability". No issue was raised in relation to these matters so I presume that the council were satisfied that these matters were adequately addressed or were addressed through conditions of consent. The site is largely a plateau near the hotel that is retained near the street boundary. It would seem impractical to develop the site without some form of excavation.

42 Having regard to the compliance with the requirements of height and wall height, and taking into account the form of development at 403 Clovelly Road, the extent of excavation would not be a reason, in my view, to refuse the application.

Loss of privacy

43 Loss of privacy was also raised, however, given the separation distance in excess of 80 m to most dwellings to the east, this would not be a reason to refuse the application.

Conclusions

44 In accordance with cl 9, I am satisfied that the proposed development is consistent with the relevant zone objectives, and pursuant to cl 29, I am also satisfied that the aesthetic appearance of the proposed development in relation to the foreshore, is acceptable.

Conditions

45 The conditions in dispute are conditions 10, 86, 88(c), 139 and 140.

46 Condition 10: this condition requires the payment of $101,200 pursuant to the council s 94A Contributions Plan. The dispute centres on the time of payment. The council seeks payment at the first certificate stage (or construction certificate) whereas the applicant seeks payment at the subdivision or occupation stage, whichever occurs first. The s 94A Contribution Plans leaves the option open for payment however in this case, I accept the applicant's submission that the demand for the facilities generated by the new population will only be created when the units are occupied.

47 Condition 86: this condition requires payment of $20,000 towards traffic counts/analysis and traffic calming devices for Donnellan Circuit. Having accepted Mr Varga's evidence that satisfactory sight distances are provided, there is no basis to require further traffic analysis or traffic calming devices.

48 Condition 88(c) and 140: these conditions are related and require the upgrading of the whole footpath to Clovelly Road in accordance with the council's Urban Design Elements Manual. The applicant opposes this requirement and offers the upgrading for part of the footpath and the necessary improvements to the driveways brought about by the proposed development.

49 On this matter, I do not accept that there is sufficient nexus between the proposal and the council's requirement for the upgrading of the whole Clovelly Road footpath, particularly given the good quality of the footpath in some areas and the lack of applicability of the Urban Design Elements Manual to the site.

this condition requires a positive covenant under s 88E(3) of the Conveyancing Act 1919, to ensure all landscaping within the site is maintained in perpetuity. This is opposed by the applicant on the basis of the findings of Lloyd J in MacDonald v Mosman Municipal Council 105 LGERA 49, where it was found that it was unnecessary to reinforce planning requirements through the Conveyancing Act 1919 when adequate powers are available elsewhere. I accept the applicant's submission, and this condition can be deleted.

Orders

51 The orders of the Court are:

___________________

G T Brown
Commissioner of the Court

ANNEXURE “A”

Conditions of approval for alterations and additions to the Clovelly Hotel, the erection of a multi-unit housing development and Torrens Title subdivision at 379-401 Clovelly Road, Clovelly

REFERENCED PLANS:

1. The development must be implemented substantially in accordance with the plans numbered DA001-DA007, DA010-DA012, DA015-DA016, DA018-DA022, DA030-DA031 and DA035-DA036 all with Issue C, received by Council on 11 June 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions, and as may be shown in red on the attached copy of any of the said plans:

1(a). Prior to the issuance of a Construction Certificate, the approved plans shall be amended to show the new driveway alignment in accordance with DA02 version G and DA03 version F, Exhibit L in the Land and Environment Court proceedings.

ENVIRONMENTAL AMENTITY:

2. The colours, materials and finishes of the external surfaces to the buildings the subject of development are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

3. Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

In this regard, prior to occupation of any building the subject of the development, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

4. Power supply and telecommunications cabling to the development shall be underground.

5. A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of any building) is to be installed to serve the residential development.

6. The finished ground levels external to any building the subject of the development are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

7. Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

8. In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

The following conditions are imposed to promote ecologically sustainable development and energy efficiency.

9. In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

10. Section 94A Development Contribution

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $10,120,000, the following applicable monetary levy must be paid to Council: $ 101,200.

The levy must be paid in cash, bank cheque or by credit card prior to a construction subdivision or occupation certificate (whichever first occurs) being issued for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

Regulatory

11. The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

12. All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA),in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

13. Prior to the commencement of any building works

(including fit-out works), a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

, the person having the benefit of the development consent must:-

i) appoint a Principal Certifying Authority for the building work, and

ii) appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

iii) notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and
iv) give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

In relation to residential building work, the principal contractor must be the holder of contractor licence, in accordance with the provisions of the Home Building Act 1989.

15. The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority. Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

The principal contractor must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

16. A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,
name, address and telephone number of the Principal Certifying Authority,
a statement stating that “unauthorised entry to the work site is prohibited”.

17. An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon must also be provided to Council with the occupation certificate.

19. The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

20. All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met.

If suitable, the plans will be appropriately stamped. For Quick Check agent details please refer to Sydney Water’s web site at and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

before commencing any works

21. A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate certifying the structural adequacy of the new works including required balustrades and handrails.

22. Demolition work and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following requirements (ass applicable):

Australian Standard 2601 (2001) – Demolition of Structures
Occupational Health and Safety Act 2000
Occupational Health and Safety (Hazardous Substances) Regulation 2001
Occupational Health and Safety (Asbestos Removal Work) Regulation 2001
WorkCover NSW Codes of Practice and Guidelines
The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.
Protection Authority (EPA) and WorkCover NSW Guidelines.
Randwick City Council Asbestos Policy (adopted 13 September 2005)

23. In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

A copy of Council’s Asbestos Policy is available on Council’s web site at in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre

b) A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

c) A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m ² of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

d) Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

e) On demolition sites involving the removal of asbestos, a professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

24. Building, demolition and associated site works must be carried out in accordance with the following requirements:

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below) Monday to Friday - 7.00am to 5.00pm
Saturday - 8.00am to 5.00pm
Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like Monday to Friday - 8.00am to 5.00pm
Saturday - No work permitted
Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings Saturdays and Sundays before or after a public holiday - No work permitted

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons). Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information. Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

25. Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be satisfied:

c) Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

e) During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.

f) Public safety must be maintained at all times and public access to demolition/building works, materials and equipment on the site is to be restricted. If required, a temporary 1.8m high safety fence or hoarding must be provided to protect the public, located between the work site and the public place. An awning may also be required to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

Temporary fences or hoardings or the like are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

The public safety provisions and temporary fences or hoardings must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

must

26. A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

27. A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

28. Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

29. A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

name, address and telephone number of the Principal Certifying Authority,

a statement stating that “unauthorised entry to the work site is prohibited”.

30. The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Climate Change (formerly EPA) and Randwick City Council policies and conditions, including:

Occupational Health and Safety Act 2000
Occupational Health and Safety (Hazardous Substances) Regulation 2001
Occupational Health and Safety (Asbestos Removal Work) Regulation 2001
WorkCover NSW Code of Practice for the Safe Removal of Asbestos
Australian Standard 2601 (2001) – Demolition of Structures
The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005.
Relevant Department of Environment & Climate Change (DECC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.
Randwick City Council Asbestos Policy (adopted 13 September 2005)

A copy of Council’s Asbestos Policy is available on Council’s web site at

in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

31. Deleted.

32. Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

33. A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions. The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate .
A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

34. Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

35. The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

36. A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies the structural adequacy of the buildings and compliance with the relevant structural requirements of the Building Code of Australia.

37. A Certificate of Adequacy prepared by a professional engineer, shall be submitted to the Council prior to the finalisation of the strata subdivision, certifying the structural adequacy of the balconies and balustrading, in particular, to the residential flat building.

38. Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents. The relevant provisions of the Protection of the Environment Operations Act 1997 and Department of Climate Change Guidelines must be satisfied at all times.

Protection of the Environment Operations Act 1997

b) Prior to the commencement of works, a construction noise and vibration minimisation strategy, prepared by a suitably qualified person is to be development and implemented throughout the works.

A copy of the strategy and associated noise/vibration reports must be submitted to the Council and the Principal Certifying Authority prior to commencing works.

c) The strategy must include details of noise and vibration from all of the proposed building and construction works, including details of measurements, analysis and relevant criteria. The report must demonstrate that the noise and vibration emissions from the work satisfies the relevant provisions of the Protection of the Environment Operations Act 1997 , current DECC Guidelines for Construction Noise and Assessing Vibration and Council’s conditions of consent.

d) A further report/correspondence addressing the noise and vibration emissions from the work must be obtained from the consultant as soon as practicable upon the commencement of works , which reviews and confirms the implementation and suitability of the noise and vibration strategies and compliance with relevant criteria.

f) Copies of the noise and vibration strategy and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

39. A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

40. Public health, safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be satisfied:

a) The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times. Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

b) Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

c) Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council. Applications to place a waste container in a public place can be made to Council’s Health, Building & Regulatory Services department.

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

e) A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

f) Temporary toilet facilities are to be provided within the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and Council. The toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

site management plan

prior to the commencement of any site works.

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres). Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

41. A Construction Site Management Plan is to be developed and implemented prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures:

provision for the construction of both basement car parks to be undertaken concurrently;

location and construction of protective fencing / hoardings to the perimeter of the site;
location of site storage areas/sheds/equipment;
location of building materials for construction;
provisions for public safety;
dust control measures;
site access location and construction
details of methods of disposal of demolition materials;
protective measures for tree preservation;
provisions for temporary sanitary facilities;
location and size of waste containers/bulk bins;
details of proposed sediment and erosion control measures;
construction noise and vibration management;
construction traffic management details.

42. During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

Dust control measures and practices may include:-

Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

Installation of a water sprinkling system or provision hoses or the like.

Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

Landscaping and revegetation of disturbed areas.

The following conditions are applied to promote occupant safety in the building:

43. Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

Options may include one or more of the following measures:

1. The window having a minimum sill height of 1.5m above the internal floor level,
2. Providing a window locking device at least 1.5m above the internal floor level,
3. Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,
4. Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),
5. Other appropriate effective safety measures or barrier.

44. An Annual Fire Safety Statement is to be submitted to the Council on an annual basis, certifying the operation of all essential fire and other safety measures within the premises.

45. A fire safety certificate is required to be submitted to the Council (and a copy provided to the NSW Fire Brigades) upon installation of the essential fire safety measures as specified in the above fire safety report, which satisfies the requirements of part 9 of the Environmental Planning & Assessment Regulation 2000.

The following condition has been applied to provide reasonable levels of access to facilities for people with a disability:

46. Provide staff guidance and assistance to any individual seeking access to the disabled toilet facility.

47. Clearly legible direction signs indicating the location of the disabled toilet facility and that assistance is available from staff, if required, being provided throughout the premises to the satisfaction of the Principal Certifying Authority.

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

48. Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

Swimming Pools Regulation 2008

49. Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008 , detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

50. Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992, prior to issuing an Occupation Certificate.

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

51. The operation of all pool plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

_Aeq

_{15 min}

_A90

_{15 min}

52. Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

53. The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

before 8.00am or after 8.00pm on any Sunday or public holiday; or
before 7.00am or after 8.00pm on any other day.

54. The proposed use of the hotel premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (L _A90 ), _{15 min} noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A). The source noise level shall be assessed as an L _Aeq , _{15 min} and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

55. There are to be no emissions or discharge from the hotel premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

56. The acoustic reports submitted with the application shall be amended by a suitably qualified and experienced consultant in acoustics, and submitted to the Council for approval prior to a construction certificate being issued for the hotel premises. The amended report must demonstrate and certify that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual, Industrial Noise Policy, the noise criteria imposed on the premises hotels licence and conditions of approval, to the satisfaction of Council’s Manager of Health, Building & Regulatory Services.

This report should include but not be limited to:

The cumulative affect of all plant and equipment (existing and proposed) on all adjoining residential premises.

Modelling on predicted noise levels from patrons – including patron numbers in each area.

All operational facets of the Hotel, including noise from deliveries, waste disposal, coolroom, glass crusher etc

Any amplified/live music

Any additional proposed acoustic mitigation measures are to be detailed and included in this report and the subsequent construction certificate.

57. An acoustic report, prepared by a suitably qualified and experienced consultant in acoustics, must be provided to the Council for approval within 3 months of the commencement of the use, which demonstrates and confirms that the relevant provisions of the Protection of the Environment Operations Act 1997, relevant noise criteria, the noise criteria imposed on the premises hotels licence, and the relevant recommendations of the acoustic pursuant to condition No. 44 of this consent. The assessment must include (but not be limited to):

monitoring and assessment from the nearest affected residential premises during the use and operation of the premises when the maximum occupancy is present,

Compliance monitoring shall be carried out during the times when the nearby residential and public domain areas are likely to be most affected, this shall include (but not be limited to) the hours of operation on a Friday, Saturday and Sunday night,

Ensure the break out of any internal noise complies with the set criteria. If not, nominate the necessary and required measures to ensure compliance (this may include controlling internal noise; provision of sound locks; other management practices as deemed appropriate and necessary),

The report must include all relevant fixed and operational noise sources.

58. The maximum number of persons permitted in the hotel premises must not exceed:-

Public Bar/TAB/Gaming areas - 217 patrons

New Ground floor Bistro Bar /dining area - 316 patrons

Mezzanine Function area - 200 patrons

59. The number of persons permitted in the hotel premises must not exceed the authorised capacity and appropriate measures are to be implemented to ensure compliance, such as using a hand held counting device carried out be a specifically appointed manager or duty officer or issue of numbered tickets, supplemented by a periodical head count by a specially appointed manager or duty officer.

60. Seating in the hotel premises must allow for permanent, unobstructed access to exits from the premises at all times.

61. All paths of travel and stairways shall be maintained clear and unobstructed at all times so as not to impede the free flow or prejudice the safety of persons in the hotel premises.

62. Egress doors shall not be locked or otherwise obstructed at anytime while the hotel premises are occupied.

63. Trading hours for the hotel premises shall be in accordance with the Liquor Licence.

64. A copy of the fire safety certificate/annual fire safety statement must be permanently displayed in a prominent, visible position within the hotel premises (i.e. building entrance foyer), to the satisfaction of Council’s Building Surveyor.

65. The residential units are to achieve the following internal acoustic amenity criteria:

a) In naturally ventilated residential units; the repeatable maximum L _{Aeq (1 hour)} shall not exceed:

35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed;
45 dB(A) in sleeping areas when windows are open;

45 dB(A) in living areas (24 hours) when the windows are closed, and

55 dB(A) in living areas when the windows are open.

b) In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum L_{Aeq (1 hour)} shall not exceed:

38 dB(A) between 10pm and 7am in sleeping areas;
46 dB(A) in living areas (24 hours).

66. An updated Plan of Management (PoM) for the hotel premises shall be submitted to and approved by Council prior to occupation certificate being issued and shall be utilised as a single working document for the use and operation of the whole site and shall contain all key acoustic and management components regarding nominated areas/sections of the Clovelly Hotel.

The plan of management must be consistent with and detail the measures to be implemented to:

ensure compliance with the relevant conditions of approval,
ensure compliance with the Acoustic Report prepared by Acoustic logic consultancy (Report: 2009435/2805A/R2/TA), dated 28 May 2009 and any additional acoustic reports
minimise the potential impact of the operation of the premises upon nearby residents,
effectively minimise and manage anti-social behaviour,
minimise noise emissions and associated nuisances,
effectively manage and respond to resident complaints, The licensee must establish and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty Manager is to contact the complainant within 48 hours to confirm details of action taken.
ensure responsible service of alcohol and harm minimisation
provide for signage on the outdoor courtyard area to alert patrons of the potential for noise impacts on the surrounding environment, and
minimise shouting and louder sounds typical of intoxicated conversation/laughter are not permitted on the outdoor courtyard area. Security/management staff is to be instructed of this control and appropriately addresses the abovementioned instances should they occur.
Security guards or a specially appointed members of staff must be provided at all times when entertainment or functions are held, identified as such by uniform (or the like), to take all reasonable steps to prevent noisy and unruly behaviour of patrons attending or departing the premises. The security guards are to patrol the locality until half an hour after close or until the last patron leaves the vicinity of the hotel, which ever is the later. The number of security guards/personnel must be in accordance with the number specified in the Liquor License.

Food Safety

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

67. The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises.

68. The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

69. Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

Food handling – skills, knowledge and controls.
Health and hygiene requirements.
Requirements for food handlers and businesses.
Cleaning, sanitising and maintenance.
Design and construction of food premises, fixtures, fitting and equipment.

A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

70. Upon completion of the work and prior to the issuing of an occupation certificate, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

71. The food premises must be registered with Council's Environmental Health section and the NSW Food Authority must also be notified of the food business in accordance with the Food Safety Standards, prior to commencement of any food business operations.

72. The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

73. The design and construction of food premises must comply with the following requirements, as applicable:-

The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops or other facilities and equipment.

Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material. The use of particleboard or similar material is not permitted unless laminated on all surfaces.

Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings. An electronic insect control device must also be provided within the food premises.

Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

A mechanical ventilation exhaust system hood is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, in accordance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

Wash hand basins must be provided in convenient positions, with hot and cold water, together with a sufficient supply of soap and clean towels. Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances. The thermometer is to be located so as to be read easily from the outside of the appliance.

A wash hand basin (and soap & towel dispenser) must be provided within the bar areas and toilets. The basin is to be provided with hot and cold water via a suitable mixing device.

74. Prior to a construction certificate being issued

for the ‘fit-out’ of the food business, a certificate or statement must be obtained from a suitably qualified and experienced Food Safety Consultant or Council’s Environmental Health Officer, which confirms that the design and construction of the food business satisfies the relevant requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004) - Design, construction and fit-out of food premises.

, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

76. Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of relevant documentation is to be provided to Council.

77. Emission control equipment shall be provided in the mechanical exhaust system serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils.

Details of the proposed emission control equipment must be provided in the documentation for the construction certificate and be approved by:

a) the certifying authority.

b) Council’s Manager of Health, Building & Regulatory Services, in accordance with section 80A(2) of the Environmental Planning & Assessment Act 1979, prior to issuing the construction certificate.

78. A comprehensive cleaning and maintenance program must be implemented for the operation of the mechanical ventilation exhaust system, to ensure that the system (including emission control devices and fillers) are maintained and operate efficiently and effectively in an environmental satisfactory manner at all times and the emissions do not cause a nuisance to nearby residents.

The program shall include a cleaning and maintenance schedule, prepared by the designing engineer/manufacturer or other suitably qualified person. This schedule is to detail the inspections and maintenance works to be undertaken and their timeframes, so as to ensure the mechanical ventilation system (including emission control device and filters) operates efficiently, effectively and in an environmentally satisfactory manner at all times.

114. Should stormwater from the Residential Unit Development be discharged to an infiltration system, the infiltration area shall be sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

Should no formal overland escape route be provided for storms greater than the 1 in 20 year ARI event, the infiltration system shall be sized for the 1 in 100 year storm event.

115. All site stormwater from the Clovelly Hotel Redevelopment must be discharged (by gravity) to either:

a) The kerb and gutter in Clovelly Road, fronting the development site;

AND/OR

b) A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

116. The internal stormwater drainage system for the redeveloped portion of the Clovelly Hotel site must be suitably designed such that stormwater discharge from the redeveloped portion of the Clovelly Hotel for all storms up to the 1 in 20 year ARI event does not exceed 25 litres per second. The Construction Certificate plans/application must demonstrate compliance with this requirement. The applicant must liaise with Council’s Development Engineer Coordinator regarding the design of this system prior to lodging the construction certificate.

NOTES :

Restricting site discharge from the redeveloped portion of the site to 25 litres per second for all storms up to the 1 in 20 year ARI event is likely to require the provision of a suitably designed onsite stormwater detention system or an infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

117. Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

118. Any detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

119. Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

120. A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

121. Should a pump system be required to drain any portion of the Clovelly Hotel or the Residential Unit Development sites the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working. The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

122. A sediment/silt arrester pit must be provided:-

a) within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and
b) prior to stormwater discharging into any absorption/infiltration system.
The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

The pit constructed from cast in-situ concrete, precast concrete or double brick.

A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

A sign adjacent to the pit stating:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

Note: Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

covered car washing bay shall be provided for this development.

b) The car washing bay must be located outside any required/approved stormwater detention system.

‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

d) The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

e) A water tap shall be located adjacent to the car washing bay.

124. Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

125. As both the Clovelly Hotel site and the Residential Unit Development site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carparks are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

Notes:-

a) Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

b) Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site). No groundwater/seepage water is to be collected and discharged external to the sites.

126. Subject to there being an onsite detention/infiltration system constructed within the site, and prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the existing title or subsequent title created through any further subdivision of the property. The "restriction on the use of land” and “positive covenant" are required to ensure that any onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

Notes:

a. The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.
b. The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

The following conditions are applied to provide adequate provisions for waste management:

127. The garbage room areas for the proposed Residential Unit Development fronting Donnellan Circuit will have to be designed so as to be able to contain a total of 6 x 240 litre bins (3 garbage bins & 3 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

128. The waste storage area within the Residential Unit Development must be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water. The waste storage area shall be clearly signposted.

129. Prior to the issuing of a construction certificate for the proposed redevelopment of the Clovelly Hotel the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the Clovelly Hotel’ development site.

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

130. 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 of the website 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. Early contact must be made 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 the Principal Certifying Authority prior to release of the plan of subdivision.

131. The applicant shall create suitable rights of carriageway, easements for services, support and stormwater lines, as required. The applicant shall be advised that the minimum easement width for any stormwater line is 0.9 metres.

132. A subdivision certificate application must be submitted to Council for approval by prior to the release of the subdivision plans. The plan of subdivision must be registered prior to either the issuing of an occupation certificate for the Clovelly Hotel Redevelopment or the issuing of an occupation certificate for the Multi - Unit Housing Development, whichever is to occur first.

Strata Subdivision Conditions

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

133. Deleted.

134. The applicant shall create suitable rights of carriageway, easements for access, services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

135. Details of critical stage inspections carried out by the principal certifying authority under any relevant construction certificate, together with any other certification relied upon must be provided to Council or the accredited certifier prior to the issuing of a subdivision certificate.

136. All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the strata subdivision plans.

Landscape Conditions

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

137. Landscaping both within the subject site as well as on the Donnellan Circuit embankment shall be installed substantially in accordance with the Lower Ground & Ground Floor Detail Plan, Pub - Ground Floor Plan, Second Floor & Roof Level Details Plan and Overall Planting Plan and Landscape Elevations by Paul Scrivener Landscape Architects, sheets 1-5, job reference 08/1368/DA2-5, issue H, dated 27.07.10, subject to the following changes being detailed on amended plans, which must be submitted to, and be approved by, the Principal Certifying Authority, prior to the commencement of site works:

a. Confirmation that all planter boxes and garden beds constructed on slab will have a minimum soil depth of 600mm, with lawn areas over slab to have a minimum soil depth of 300mm.

b. In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab.

c. To assist with establishment as well as to ensure satisfactory maintenance of the landscaping, an automatic drip irrigation system shall be installed and maintained throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

d. All detention tanks and below ground stormwater infiltration systems located within landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth for the establishment of landscaping.

e. The nine (9) Washingtonia robusta (Washingtonia Palms) to be removed from the raised garden bed around the northeast corner of the existing Pub are NOT to be transplanted to the eastern edge of the site as shown, given a combination of the extent of works involved with such a process, the low success rate and the fact they are exotic species which will not be in keeping with the native coastal/gully scheme.

f. Instead, a minimum of five (5) advanced Livistona australis (Cabbage Palms) shall be provided around the northeast corner of the site, and must be provided at varying heights/age classes, with clear trunk heights at the time of planting to be between 1.0 metre and 2.5 metres.

g. In order to comply with the strict traffic/line of sight requirement that no species which will exceed a height of 1 metre or more upon maturity are planted on the Donnellan Circuit verge, to the north of the proposed vehicle access, the Crinum pedunculata (Swamp Lillies) and Lomandra longifolia (Spiny Mat Rush) proposed for this area shall be deleted from the plans, and are to be replaced with lower growing native species such as Lomandra ‘Tanika’ , Dianella ‘Breeze’ or ‘Little Jess’ or similar.

h. Deletion of the two concrete access paths and steps from Council property, with any access-ways to be contained wholly within the site boundaries.

138. Prior to the PCA issuing a Final Occupation Certificate, certification from a qualified professional in the landscape/horticultural industry must be provided which confirms that the landscaping within the site has been installed in accordance with the approved documentation.

139.

The landscaping of the front setback area (communal property) proposed in the approved landscape drawings of Paul Scrivener, landscape architect, dated 27 July 2010, sheets 1, 3, 4 and 5, issue H, is to be maintained for the life of the development.

140. Deleted

Works on Council’s Donnellan Circuit embankment

141. The applicant shall meet all costs associated with removal/lowering of the existing embankment on Donnellan Circuit, fronting the development site. The works/costs shall include the removal of the existing crib wall, trees and all other vegetation and soil.

142. The applicant shall meet all costs associated with full implementation of the approved landscape plans amended in accordance with condition 137 above for the Donnellan Circuit naturestrip.

143. Upon completion of the approved landscape works on the Donnellan Circuit naturestrip the applicant must contact Council’s Landscape Development Officer on 9399-0613 to arrange a site inspection, with Council’s written satisfaction to be obtained, prior to the PCA issuing a Final Occupation Certificate for the development. Any instructions issued by Council regarding works on this embankment must be complied with.

144. An amount of $14,000 must be paid to Council to enable Council’s Bushcare contractors to undertake native plantings and follow up maintenance through to establishment, (approximately 3-4yrs), within the Clovelly Bay Reserve immediately across from the development site. This amount must be paid prior to the issuing of a Construction Certificate for the Multi - Unit Development. The payment is to be made in recognition of the significant changes made to public land fronting the development site and is to be in the form of cash, cheque, credit card or bank guarantee. This payment is to enable Council’s Bushcare contractors to undertake native plantings and follow up maintenance through to establishment, (approximately 3-4yrs), within the Clovelly Bay Reserve, immediately across from the development site.

145. Permission is granted for the selective pruning of only those lower growing, overhanging branches from the southern aspects of the row of ten (10) Citharexylum spinosum (Fiddlewoods) which are located on the adjoining property to the north, 377C Clovelly Road, against the common boundary, where they specifically need to be pruned in order to avoid damage to these neighbouring trees, or to accommodate site machinery, approved building lines or similar, and may be performed prior to demolition if this will assist in minimizing damage to these trees.

146. This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

147. All pruning must be undertaken by an Arborist who holds a minimum of AQF Level V in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

Removal of trees within the site

148. Approval is granted for removal of the following trees, subject to full implementation of the approved internal and external landscape works:

a) The arc of nine (9) Washingtonia robusta (Washingtonia Palms), in the raised garden bed around the northeast corner of the existing Hotel, in order to accommodate the proposed works as shown;

Syagrus romanzoffianum

Howea fosteriana

Agonis flexuosa

Protection of Council’s Street Tree

149. In order to ensure retention of the Banksia integrifolia (Coastal Banksia) growing within a tree square on Council’s Clovelly Road footpath, just beyond the western site boundary and existing vehicle access, in front of the adjoining property at 377C Clovelly Road in good health, the following measures are to be undertaken:

a. All documentation submitted for the construction certificate application must show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

b. This street tree must be physically protected by installing a total of four star pickets within the tree square, to which shade cloth or safety tape/para-webbing shall be attached so as to completely enclose this tree for the duration of works.

c. The applicant is not authorised to perform any works to this street tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

d. There shall be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the tree square or nearby, where it may wash towards the tree, and over its root system.

e. In order to prevent soil/sediment being washed into the TPZ, over the root systems of both trees, suitable erosion control measures shall be provided at ground level, to the west of the fencing described above, with all Site Management Plans needing to recognise the fact that material storage cannot be located within the TPZ.

f. A refundable deposit in the form of cash, credit card or cheque for an amount of $2,000.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

Protection of neighbouring trees

150. In order to ensure retention of the row of ten (10) Citharexylum spinosum (Fiddlewoods) located on the adjoining property to the north, 377C Clovelly Road, against the common boundary, as well as the Melaleuca leucadendra (Weeping Paperbark) further to the east in good health, the following measures are to be undertaken:

a. All documentation submitted for the construction certificate application must show the retention of these neighbouring trees, with the position and diameter of both their trunks and canopies to be clearly shown on all drawings.

b. In order to minimise damage to the southern sides of their root systems which may extend past the common boundary, and into the subject site, the Construction Certificate plans must show that a construction method such as contiguous bored piers, sheet piling or a similar system which does not require any works beyond the setback shown will be used for the northern wall of the proposed basement level.

c. These neighbouring trees shall be physically protected as one group by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located along the northern edge of the proposed basement wall, extending a distance of 1.5 metres to the west of the most western Fiddlewood , and 2 metres to the north of the Weeping Paperbark (measured off the outside edge of their trunks), in order to completely exclude these trees from the works.

d. This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

e. Within the zone specified in point ‘c’ above, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

f. Any roots encountered during the course of the approved works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

g. Where the soil profile is to be left exposed for prolonged periods of time adjacent these trees, temporary shoring will need to be provided to ensure their stability.

Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

Advisory Conditions

The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

ADVISORY MATTERS:

1. The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

2. Issues relating to fire hydrant coverage are being considered which may result in additional requirements having regard to the provision of hydrants to serve the building.

3. The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

___________

G T Brown

Commissioner of the Court

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Citations

Iris Diversified Property Pty Limited v Randwick City Council [2010] NSWLEC 1265

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46

CITATION:	Iris Diversified Property Pty Limited v Randwick City Council [2010] NSWLEC 1265
PARTIES:	APPLICANT Iris Diversified Property Pty Limited RESPONDENT Randwick City Council
FILE NUMBER(S):	10004 of 2010
CORAM:	Brown C
KEY ISSUES:	DEVELOPMENT APPLICATION :- alterations and additions to an existing hotel, the erection of a multi-unit housing development and Torrens title subdivision - bulk - scale - height - breach of the floor space ratio and landscape area development standards - inadequate setbacks - excessive excavation - sight distance to the car park exit - resident concerns
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1988 State Environmental Planning Policy No 1
CASES CITED:	Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 MacDonald v Mosman Municipal Council 105 LGERA 49
DATES OF HEARING:	23, 24 August 2010
EX TEMPORE JUDGMENT DATE:	24 August 2010
LEGAL REPRESENTATIVES:	APPLICANT Mr C McEwen SC with Mr M Staunton SOLICITORS Pikes Lawyers RESPONDENT Mr J Robson SC SOLICITORS Shaw Reynolds Bowen & Gerathy

Activity	Permitted working hours
All building, demolition and site work, including site deliveries (except as detailed below)	Monday to Friday - 7.00am to 5.00pm Saturday - 8.00am to 5.00pm Sunday & public holidays - No work permitted
Excavating of rock, use of jack-hammers, pile-drivers or the like	Monday to Friday - 8.00am to 5.00pm Saturday - No work permitted Sunday & public holidays - No work permitted
Additional requirements for all development, except for single residential dwellings	Saturdays and Sundays before or after a public holiday - No work permitted