356-360 Oxford Street, Bondi Junction – Seven …...356-360 Oxford Street, Bondi Junction –...

356-360 Oxford Street, Bondi Junction – Seven storey retail/commercial building with partial basement car park (DA566/07)

Report dated 25 June 2008 from the Development and Building Unit

DBU Recommendation: That the application be approved subject to conditions attached in the report.

Development Assessment ReportBondi Junction Centre

Development Application No. 566/2007Address 356-360 Oxford Street, Bondi Junction Lodgement Date Original Plans lodged on 23 October, 2007

Amended Plans lodged on 22 May, 2008Proposal Seven storey retail / commercial building with

partial basement car park.Zoning and relevant controls Business General 3(a2), within foreshore scenic

protection area and facade is a heritage item.Applicant Farrell Coyne Projects Pty LtdBuilding Classification Class 5 (commercial), Class 6 (retail) and Class 7

(basement car parking)Submissions Nine (9) submissions (Original plans)

Nil (0) submission (Amended plans)Issues Variation to Floor Space Ratio (SEPP 1)

Compliance with WDCP2006 Urban Design

Recommendation Approval subject to conditions

Site Map

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1. PREAMBLE

This matter was last considered at the Development Control Committee Meeting held on 25 March 2008. At that meeting the Committee decided to defer the application to allow for submission of amended plans.

1.1 The Site and its Locality

The subject site is located in the centre of the Bondi Junction commercial centre. It is situated on the north western corner of Oxford Street, fronting Oxford Street, Vernon Street and Rowe Lane. The subject land is described as Nos 356 -360 Oxford Street, Bondi Junction.

The total site area measures 438.80m2 and is an amalgamation of 3 allotments of land. The site is regular in shape with a combined frontage of 12.77m to Oxford Street and 14.2m to Rowe Lane and a splay corner to Vernon Street of 1.69m. The eastern and western side boundaries measure 31.21m and 30.37m respectively. The topography is generally level across the Oxford Street frontage but with a fall from Oxford Street to Rowe Lane of approximately 3.5m. The site is currently occupied by three heritage buildings of two to three storeys in height, used for retail or commercial activities. These properties have vehicular access from the rear (Rowe Lane).

Immediately abutting to the east of the site is No 362 Oxford Street, a part two, part three storey commercial building and further down at the intersection of Newland and Oxford Street is the Oxford Street pedestrian mall as well as the Bus Rail Interchange and Westfield. Situated to the north, abutting Rowe Lane, is a multi storey high rise “residential apartment development” known as 79 and 81 Grafton Street. Immediately abutting Vernon Street to the west is No 354 Oxford Street, an older two storey retail/commercial building. Along the western strip section of Oxford Street are some existing multi storey mixed developments at No 282-290 and 332-334 Oxford Street with a recently approved five to six storey mixed development at No 350-352 Oxford Street (DA No. 181/2003).

1.2 Background

On 23 October, 2007 this application was received by Council to retain the three retail building facades fronting Oxford Street and demolition of all existing buildings (inside the heritage façade) and construction of a seven (7) storey commercial building with partial basement level accommodating 13 car spaces (including 2 loading bays).

At the Development Control Committee (DCC) meeting on the 25 March 2008, Council considered the proposal and resolved to defer the application so as to amend the proposal in the following manner:

1. Reduce the proposed total floor space ratio of the building to 4:1 applicable to the site under the draft Bondi Junction Centre Local Environmental Plan (BJCLEP) 2007;

2. Reduce the height of the building by at least one storey and relocate the sitting/position of the roof terrace and plant room;

3. Increase the Oxford Street setback above the first floor preferably to a minimum of 6m;4. Provision of a planter box on every level from level 2 upwards to the rooftop (or at least

every second level);5. Reduced glazing treatment of the tower at the northern elevation;6. Provision of further details of the restoration particularly in relation to the street awning;7. Provision of an appropriate paint scheme based on historic precedent. 8. Provision of adequate recess off the rear lane.9. Submission of method to maintain the proposed green wall.

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10. Submission of ESD measures for the building.11. Provision of the original awning.

Details of these matters are further discussed below in Section 2- Assessment of this report.

1.3 Amended Development Proposal Description

On 22 May, 2008 the applicant submitted an amended proposal as requested by Council at its DCC meeting on 25 March, 2008.

The original proposal involves the retention of the three retail building facades fronting Oxford Street and demolition of all existing buildings (inside the heritage façade) and construction of a seven (7) storey commercial building with partial basement level accommodating 13 car spaces (including 2 loading bays). The design of the building is based on two levels (at Oxford Street) built to the boundaries with a “tower” structure setback 3.2m from the Oxford St, 2.9m from Vernon St and 3.0m from Rowe Lane (rear) alignment. The “tower” is situated upon 0-200mm setback along the eastern side boundary.

The amended proposal now comprises of:

Basement Level - The basement comprises of thirteen (13) car parking spaces, inclusive of two small loading bays. It is intended to provide a vertical car stacker for 3 vehicles above car spaces 6 to 8. The basement also includes a garbage area, lifts and bike racks for the retail and commercial uses. Access to the basement car park is gained from Rowe Lane. An extra roller door shutter setback at approximately 5.5m behind the rear lane and a wire mesh fence are added in response to the submission received from adjoining properties. The roller door shutters are operated by sensor and magic button.

Ground Floor - The ground floor comprises of three retail tenancies facing Oxford Street and a fourth large retail area facing the western side (at the rear portion) of the building. Pedestrian access to the rear retail tenancy and the upper floor levels is from Vernon Street via a common ramped entry foyer. A terrace is situated on the western side, adjacent to the whole length of tenancy 4. (A separate DA will be required for any future retail or commercial occupancy).

Level 1 - The second floor will cover the entire building footprint and comprises 372m2 of commercial office space, lift lobby and amenities. A void area to the entrance lobby has been included to this level.

Level 2 to Level 6 - Comprises commercial office space, lift lobby and amenities. A planter box is to be provided to the Vernon Street setback at Level 2, in order to allow for a highgreen wall steel mesh to the western elevation of the building up to the roof level. The front setback along the front of the building along Oxford Street has been increased from 3m to 4m with the inclusion of a balcony to each level at the south eastern corner. The northern façade of the building has also been revised in order to reduce the size of openings, allow for louvres screens and blade walls.

Roof Level - Comprises a recreation roof top terrace, plant area, plant rooms, planter box and service areas with a floating roof structure positioned at the Oxford Street frontage. The size of the floating roof has been reduced by increasing the front roof setback line from 3m to approximately 6m.

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2. Assessment

The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

In response to Council’s requirements / reasons for deferring the application, the following comments are made:

1. The proposed development to be amended to provide a maximum floor space ratio of 4:1 applicable to the site under the draft Bondi Junction Centre Local Environmental Plan (BJCLEP) 2007.

Comment: The most significant issue associated with this development is the non-compliance with the current maximum Floor Space Ratio of 3:1 in accordance with the Joint Local Environmental Plan 1991 requirement.

The amended plans indicate a proposed Floor Space Ratio of 4.36:1 whereas the draft Bondi Junction Centre Local Environmental Plan 2007 proposes a maximum of 4:1 for the locality and the subject site. The amended plans indicate that the front building setback to Oxford Street for the tower has been increased from 3m to 4m, a new double height void space is to be introduced and a balcony is to be included to each level of the tower at the south eastern corner of the building, thereby reducing the proposed floor space ratio significantly from the 4.8:1 (original plans) to 4.36:1 (amended plans).

The applicant has submitted the argument that the type of application is for seven storey commercial floor space only, which increases the potential for FSR above the maximum 4:1. Generally in the case that if the proposal was for a mixed development, there would be large common lobbies or hallways proposed to every floor level required for the residential component of any development, which is not counted as floor space.

By calculation, the applicant, within the latest amended design, proposes a total Floor Space Ratio of 4.2:1, almost comparable with the proposed Floor Space Ratio detailed in the Draft Bondi Junction LEP 2007. It is to be noted that the Draft Bondi Junction Local Environmental Plan 2007 adopts the standard definition for “gross floor area”, which measures space from the internal face of a building’s walls. When calculated in accordance with this definition, the amended proposal is almost compliant with the 4:1 maximum FSR proposed under the Draft LEP.

Both the general aims and objectives and the specific objective of the 3(a2) zone under the Joint LEP refer to providing for growth of the centre whilst minimising impact on adjoining residential areas and allowing for an increase in the commercial and retail role of the centre.

The applicant’s State Environmental Planning Policy No1 Objection contends that, the development standard is unreasonable and unnecessary as the proposal provides for employment generating opportunities to the Bondi Junction Centre thus maintaining and contributing to the growth of the centre, does not give rise to any detrimental impacts upon the streetscape or adjoining properties and is compatible with the existing and future development for the Bondi Junction Commercial centre.

The applicant’s State Environmental Planning Policy No1 Objection is supported in this case, as the breach is in accordance with the Objectives of the Floor Space Ratio Standard. This deferral matter is considered to be generally satisfied.

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2. A reduction of the height of the building by at least one storey and an alternating of the location of the roof terrace and plant room to further reduce the visual scale of the development on Oxford Street.

Comment: This Council’s height reduction requirement relates to the reduction in the bulk and scale of the proposed development (reduction in FSR). The amended plans indicate that the FSR will be reduced and further that the perception of the building height will be greatly reduced by the increase in front setback. Although the applicant has not delete one storey in the height of the building, the amendments made to the roof structure will reduce the overall perceived scale of the building. The applicant’s attempt to reduce FSR will resolve / satisfy the intention of Council’s requirement and is considered reasonable/ acceptable. Further, it is to be noted that the proposal complies with the current and draft LEP height limits which are 28m and 32m respectively. This deferral matter is considered to be generally satisfied.

3. An increase of the Oxford Street setback above the first floor preferably to a minimum of 6m matching that of 340 Oxford Street. As a result, the massing (bulk and scale), visual impact of the southern blank wall and shadowing impact to Oxford Street (public domain) of the proposed development is to be reduced.

Comment: The amended plans indicate that the tower front building setback to Oxford Street will be increased from 3m to 4m at the 2nd level to 6th level, and 4m to 6m at the terrace roof line. The proposed setback result in a better visual appearance of the development as there will be lesser massing impact onto Oxford Street. The applicant advised that the proposed 4m setback will align with the office glass building line of the approved development at No. 350-352 Oxford Street. The proposal will therefore be consistent with the established approved setback along Oxford Street. Further, it is to be noted that the proposal complies with the WDCP 2006 requirements in terms of a minimum 3m setback from street boundary. This deferral matter is considered to be generally satisfied.

4. A planter box on every level from level 2 upwards to the rooftop (or at least every second level) are be provided along the western side elevation of the building, as it is considered difficult to ensure the performance and survival of the mesh supported “green wall” in high and dry weather conditions.

Comment: The applicant advised that operationally a planter on every level is difficult to maintain. Access to the planter box would have to be approved from a number of individual tenants, jeopardising the maintenance. It is to be noted that the applicant proposed to provide planter box on level 2 and on the roof (level 7) with climbers growing down and up the building, thereby essentially a planter box on every two and half level.

Discussions with Council’s landscape officer revealed that the proposed dimensions of the planter boxes could be increased to allow for a dimension of 950mm wide and 1000mm depth in order to provide the greatest opportunity for the survival of the climbers and vegetation. Therefore should the application be approved, a condition is to be imposed in this regard. This deferral matter is considered to be generally satisfied.

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5. A reduced glazing treatment of the tower at the northern elevation by provision of a variation of different wall material finishes (glazed to masonry mix is considered to be a better option) and incorporating some variations to its vertical form by introducing elements of articulation/relief. In addition, privacy screens are also to be considered at the eastern and western end of the north elevation in order to reduce privacy concerns raised by adjoining properties.

Comment: The applicant’s letter indicated that the amount of glazing at the northern elevation will be reduced by some solid wall panel and further articulation and relief in order to address the privacy concerns raised by the neighbours. The glazed areas of the northern elevation will have a series of alternating translucent vertical panels and this combined with the lower opaque portion results in a dramatically reduced overlooking of adjoining properties. It is also to be noted that the impact on privacy will be minimised by the commercial use of the building and the fact that bathrooms and bedrooms are located on the adjoining side of the residential towers. Having night light switches would also minimise any privacy impacts to adjoining residential properties. A condition is to be imposed in this regard. This deferral matter is considered to be generally satisfied.

6. Details of the restoration of existing detail particularly in relation to the street awning. The awning to the front of the building (over Oxford Street) is to have a minimum depth of 3m in order to provide an acceptable pedestrian environment.

Comment: The applicant’s letter indicated that the existing street awning is to be retained and restored. Roof sheeting and fascia are to be replaced while the frames and extent of the awning are to be retained. The alignment depth of the awning will be consistent with the neighbouring awnings and provide an acceptable pedestrian environment. This deferral matter is considered to be generally satisfied.

7. An appropriate paint scheme based on historic precedent should be provided for the existing façade with provision to extend this over the whole listed group i.e. Nos. 356 to 368. In addition, a schedule of external materials and finishes including details of external walls, roofing materials, window fenestration, window frame, colour, paving, balustrade and etc.

Comment: The applicant has submitted details of the colour paint scheme for the existing façade, which are to be two shades of grey. In addition, details of external finishes schedule to the north, south and west elevations are also provided / submitted to Council for assessment. This deferral matter is considered to be generally satisfied.

8. Adequate recess off the rear lane be provided to accommodate a vehicle standing off the laneway prior to entering the building through a security gate or roller door.

Comment: The amended plans indicate that a second garage door is to be installed at the basement level and is to be recessed from the rear lane at approximately 5.5m from the northern boundary. The second garage door will allow service parking or a vehicle to stand off the laneway prior to entering the building. The two garage doors are to be have sensors and magical switches for it’s time operation. This deferral matter is considered to be generally satisfied.

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9. An ESD consultant to advise Council and applicant as to how the green wall is to be maintained.

Comment: No ESD consultant comments were submitted by the applicant. However, Council’s Landscape officer was further consulted and has recommended that the following conditions be imposed to ensure that the green wall is maintained:

“Replacement climbers and vegetations are to be planted for the lifetime of this project. An audit and replacement of plantings is required to be conducted on a 3 monthly basis.

Plantings shall be situated in the middle of these planter boxes to allow for even root development and planted to horticultural specifications.

An organic potting mix suitable for planter boxes and meeting Australian Standards is to be supplied at time of installation. Organic mulch installed to a depth of 10mm is to be used to prevent loss of water from the planters

A drip irrigation system is to be installed to provide adequate water to these plantings. A watering regime is to be developed to ensure plants are adequately watered. This irrigation system shall be monitored and maintained ion a 3 monthly basis.

An ongoing and detailed horticultural maintenance programme is to be developed and implemented to allow for the optimum care and maintenance of these plants. All aspects of care such as pest and disease control, watering, fertilising, pruning, plant replacement, mulching, frequency of care and any other horticultural requirement are to be covered in the maintenance programme. Care shall occur on a minimum of a 3 monthly basis and the programme is to exist for the life of the project.”

This deferral matter is considered to be generally satisfied, subject to conditions.

10. An ESD consultant to advise on additional necessary ESD measures for the building.

Comment: Should the application be approved, a condition referring to the compliance with the submitted Report 2007 Part J of the BCA, is to be made in order to address Council’s concerns on this issue. Part J of the BCA covers energy efficiency and includes building fabric, glazing, building sealing, air-conditioning and ventilation systems, hot water supply and access to maintenance. This deferral matter is considered to be generally satisfied.

11. The applicant is to consider the original awning on the building on the design.

Comment: As discussed above in point 6 in the report. This deferral matter is considered to be generally satisfied.

2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 State Environmental Planning Policies

The site is located within Zone No. 3(a2) (Business General Zone) under Waverley and Woollahra Joint Local Environmental Plan 1991 – Bondi Junction Commercial Centre (Joint LEP). Pursuant to clause 14 of the Joint LEP the site is restricted to a floor space ratio of 3:1

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(1316m2). The original application has been assessed as having a floor space ratio of 4.8:1 (2109m2) and exceeds the controls by 789m2 or 60%. Submitted with the application is an objection under SEPP 1. The SEPP provides for flexibility in the application of development standards such as floor space ratio where compliance with the standard would be unreasonable or unnecessary.

The draft Bondi Junction Centre Local Environmental Plan (BJCLEP) 2007 has been recently exhibited and provides for a change to the floor space ratio control for this site to a maximum of 4:1. The latest amended application has been assessed with a floor area of 1912m2, a floor space ratio of 4.36:1 to site area. This reduction in FSR is further lowered to 4.2:1, a floor area of 1842 m2 as a result of the associated standard definition for “gross floor area” under the draft LEP. It is also noted that the proposed development complies with the maximum height control of 28m permitted under the WDCP 2006 F1 - Bondi Junction Commercial Centre and meets many of the other provisions of this document.

The proposal offers a model for future development of this area, to achieve metropolitan as well as local objectives. It appears likely that this development may ultimately be viewed as the model for Oxford Street – a commercial building of seven storeys with ground level street frontage retail and offices above. To this end, the proposed development, when calculated in accordance with the definition of “gross floor area” proposed under the Draft Bondi JunctionCentre LEP 2007, would be almost compliant with the 4:1 FSR control proposed under that draft instrument.

In this instance, strict compliance with the FSR standard of 3:1 is considered both unnecessary and unreasonable, as the objectives of the EPA Act with regard to the orderly and economic development of land would be undermined by enforced compliance.

For reasons outlined within this assessment, the applicant’s SEPP No 1 Objection in respect to a variation in the floor space provisions of Clause 14 of the Waverley and Woollahra Joint Local Environmental Plan 1991 is supported.

2.1.2 Waverley and Woollahra Joint Local Environmental Plan (WWLEP) 1991 – Bondi Junction Commercial Centre

Clause 2 – Aims and Objectives

The provision of commercial office space will maintain and reinforce Bondi Junction as a sub-regional centre, ensure the long term viable growth of the centre, strengthen the role of the centre as a major transport interchange, provide for increased employment opportunities whilst improving the amenity of the centre with an acceptable architectural element in replace of a current understated development.

The proposal satisfies the relevant aims and objectives of the Joint LEP.

Clause 12 – Zone Objectives

Objectives of the zone are as follows:

1 to establish a core business zone which provides for a wide range of retail and commercial uses, ancillary light industrial uses, entertainment, social and recreational uses and residential development mixed with those uses;

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2 to provide the opportunity for major redevelopment to occur in the core area in order to control the overall physical form of the centre and minimize impact on adjoining residential areas;

3 to limit the amount of residential redevelopment and encourage employment generating uses in the interests of maintaining a strong retail and commercial core and promoting a more efficient use of the public transport infrastructure; and

4 to promote the retail function and vitality of the centre by supporting the retention and establishment of shops and other shopper oriented uses on ground floor frontages an certain streets.

Having regard to the nature of the application and the context of the site, the proposed development would meet generally with the objectives of the zone.

Clause 14 – Floor Space Ratios

The variation to the floor space ratio of 3:1 has been discussed in section 2 of the Report.

Clause 19-22 – Heritage Provisions

The existing façade of “Retrieve Terrace “ including 356 to 360 is listed as a heritage item in the Waverley and Woollahra Joint LEP 1991- Bondi Junction Commercial Centre – Schedule 1. As with the other listed shop facades significance is derived from group cohesion. Listing in turn engenders the potential for restoration of the overall group.

Clause 20 of the Joint LEP requires consideration of the effect the carrying out of the development will have on the heritage significance of the item. The applicant has submitted to Council a Statement of Heritage report by Noel Bell Ridley Smith & Partners P/L dated September 2007. The application along with the heritage report have been referred to Council’s Architect and Heritage Advisor (Mr Colin Brady) for comments and the following advice provided:

“The report provides limited support for the existing listing. The report pays little attention to the role of late 19th /early 20th Century street facades within the central Bondi Junction area.

The proposed development adopts the approach of retaining the existing street façade with a large commercial office block set back 3 metres from the façade. Whilst reference to conservation of the street façade is included in the application no identification of restoration or conservation measures beyond a paint finish is identified. The setback distance appears arbitrary given that it is the same on the rear and western sides where fabric is proposed to be of contemporary construction. Comparison should be drawn with recent development at the corner of Spring Street and Bronte Road where the developer went to considerable effort to reinstate the detail and finishes of an existing Victorian building in return for concessions within an attached taller new building. No balance of proposed floor space concessions and civic benefit appears in the current application.

Treatment of the extended podium appears to lack the consideration paid to the upper floors. The token awning over the main entry is unlikely to provide any shelter given the strong local wind patterns. Material finishes and overall articulation of the north-western and northern elevation to the pediment are both massive and of proportions unrelated to the adjacent heritage building or the more resolved elevations above.

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The success or otherwise of this application hinges on the relationship of the new works to the existing buildings and the streetscape. In addition to the limited setback, there appears an unnecessary emphasis of height to the Oxford Street end of the development. This is exaggerated by the raised awning over the plant room. Traditionally such floating awnings are employed above outdoor decks with the eave aligned to the outer building façade and the deck recessed.

The proposed green wall comes with a likelihood of failure given the harsh western exposure and poor history of landscape maintenance about commercial buildings. Limitations on outlook from the building, wind vibration of steel supporting mesh and management of falling detritus will also need to be addressed.

Recommendations

To maintain the significance of the existing listed shop buildings and to improve relationship of the development to the setting it is recommended that:

1. Massing of the new works is reduced by a more considered use of the expressed roof top awning and greater setback from the Oxford Street frontage. The later would also reduce the impact of the blank façade to the eastern elevation - a prominent aspect of the development.

2. Consideration be given to alternating location of the roof deck and plant room with the proposed awning provided over the deck rather than over the plant room.

3. The ‘exposed’ appearance of the elevation screened by the proposed green wall be illustrated, given the likely failure or omission of the landscape element.

4. A less massive treatment of the podium at the northern elevation and the northern end of the western elevation is provided.

5. In return for any bonus in floor space, further restoration of existing detail particularly in relation to the street awning should be included in the application.

6. An appropriate paint scheme based on historic precedent should be provided for the existing façade with provision to extend this over the whole listed group i.e. Nos. 356 to 368.”

Comment

Subsequent to the above comments made by Council’s heritage officer, the applicant has submitted to Council an amended proposal which addresses all of the above recommendations.

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2.1.3 Waverley Development Control Plan (WDCP) 2006, Part F1 – Bondi Junction Commercial Centre & Part I – Land Use and Transport.

COMPLIANCE CHECKControl Standard Proposed ComplianceSkyline a. Development should

reinforce the built form, with the highest building defining the east-west ridgeline, and with less intense development stepping with the contours to the north and south.

b. The impact of the proposal on the skyline should be assessed at close range from vantage points such as Queens Park, Centennial Park, Bellevue Hill, Syd Einfield Dr and Sydney Harbour.

Development defines the east-west ridge, but due to the orientation of the site accentuates the north-south line.

No adverse impact envisaged on the skyline.

Yes

Yes

Massing – Development

in excess of 3 storeys (9.5m)

Podium should align with street and provide a continuous façade.

The tower shall be:a. Setback 3m from

street boundary.b. Avoid a walling

effect to Street.

c. Maintain access to sunlight, air movement, views and privacy of occupants of mixed developments in its vicinity.

d. Incorporate variations to its vertical form by stepping back at upper levels and introducing elements of articulation in

Podium aligns with the street.

Tower setback 3.2m from Oxford Street.

A continuous tower wall is proposed and is setback at 6.0m by theform.

No adverse impacts to sunlight, air movement, views and privacy of occupants of mixed development in its vicinity.

Variations to setback are incorporated at upper levels.

Yes

Yes

Yes

Yes

Yes

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COMPLIANCE CHECKControl Standard Proposed Compliance

combination and roofline treatments.

Height Intermediate Zone (Street Edge) maximum 28m

28m Yes

Roofline (Motor and plant rooms)

Designed as an integral part of the building.

Lift & plant rooms screened.

Designed at the top level of the building –reflects the design of the building.

Lift & plant rooms screened.

Yes

Yes

Access to Building Access to lobby, lifts, toilets and ramps instead of steps

Access and services are provided

Yes

Car Parking 22 spaces 11 spaces NoBicycles 1 space Bicycle rack provided Yes

The proposal generally complies with all the requirements under WDCP 2006, Part F1 –Bondi Junction Commercial Centre & Point I – Land Use & Transport except for car parking. This non-compliance is discussed below.

Car Parking

The application due to the restrictions of the site makes provision for eleven (11) off-street spaces plus two (2) loading bays within its basement car park. The WDCP 2006 requirement for onsite car parking for this development under Part I1 is a total of twenty two (22) spaces, therefore the proposal is deficient by eleven (11) spaces. WDCP 2006 provides that Council may waive or reduce any car parking standard if Council considers that such a variation will permit a better planning solution to development of the subject site.

The applicant argues that as the subject site is located within a “parking provision A”, is well serviced by public transport and is consistent with Council’s public transport initiatives to reduce private vehicle trips and to reduce traffic congestion. The proposed development will encourage future office workers to utilise public transport, walk and cycle to work.

The site is in an area nominated for reduced car parking provision because of proximity to public transport and the pedestrian dominated character of the adjoining public domain. The level of car parking proposed is modest and considered appropriate given the site’s location. Should the application be approved, a condition should be imposed that a greater provision of bicycle parking than indicated on the submitted plan be provided as the particular nature of the development will generate an increased demand for bicycle parking.

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3 REFERRALS

3.1 Internal

Environmental Issues

An Energy Efficiency report has been provided indicating compliance with Part J of the BCA.

The proposed waste storage facilities comply with the DCP subject to the imposition of standard conditions.

Technical Services

The plans for the above development have been examined and the plans are considered satisfactory subject to the imposition of conditions.

Landscape Officer

The landscaping issues have been discussed in section 2 - Assessment of the Report.

Building Code of Australia Compliance

The building is a Class 5, 6 and 7 under the BCA. There is no objection from a fire safety perspective subject to all new works fully complying with the provisions of the BCA. In this regard conditions are recommended.

Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

The proposal as amended is unlikely to adversely impact the natural environment and will not result in adverse social or economic impacts on the locality for the reasons outlined above. It is considered that the application in its amended form satisfy this section 79C (1) (b) of the Act having regard to the above analysis.

Section 79C(1)(c) - The suitability of the site for the development.

The site is suitable for the development and the application as amended satisfy this section of the Act having regard to the above analysis.

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4. PUBLIC SUBMISSIONS

The amended application was re-notified to the adjoining property owners and nil (0) submissions were received.

The original application was advertised for 30 days in accordance with WaverleyDevelopment Control Plan 2006, Part C3 – Advertised and Notified Development. Eight (8)submissions were received. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

79 Grafton Street North of site Non compliance with Council’s Floor Space Ratio requirements

Increase traffic and parking problems

604/ 79 Grafton Street North of site Loss of light and privacy


1204/ 79 Grafton Street North of site Loss of privacy


Height



Loss of views

302/ 79 Grafton Street North of site Height and bulk




Loss of enjoyment and peace

Pollution during building works

202/ 79 Grafton Street North of site Increase traffic and parking problems

374 Oxford Street East of site Insufficient car parking


Bronte Precinct Executive - Provision for disable car parking


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Issue: Bulk / non compliance with Council’s Floor Space Ratio requirements

Comment – The proposal's non-compliance with the floor space control has been discussed above.

Issue: Insufficient car parking & increase traffic and parking problems

Comment – The site is located in close proximity to the bus/rail interchange and the subsequent bus routes, such that access to the site is acceptable. The deficiency in car parking in this location is accepted as there is a preference to utilise public parking and public transport where it serves the wider community.

WDCP 2006 allows Council to waive or reduce any car parking standard if such a variation will permit a better planning solution to development of the subject site. Considering that the deficiency in car parking is for non-residential uses, the proposed car parking variation for this development is supported. In addition, it is to be noted that the provision of commercial floor space in the heart of the Bondi Junction Commercial Centre is just the type of development that is required to provide employment opportunities and meet the aims and objectives of the LEP and DCP.

Issue: Noise impacts, pollution during building works and loss of enjoyment and peace

Comment – The objection relates to implementing sound building practices and construction management procedures to control construction noise and pollution, to minimise impact upon the existing residents within No 79 Grafton Street during construction operations. There are potential for some noise, pollution and loss of enjoyment/peace impacts during the construction period; however this will not be for an extended long term period. These matters can be governed by conditions of any approval.

Issue: Loss of Light

Comment – The redevelopment of the site from two to three storey buildings to a seven storey building will lead to additional overshadowing to Oxford Street. It is acknowledged that the proposal will result in increase overshadowing and loss of light to the adjoining properties. However, it is noted the development’s orientation to the street is south facing, thereby limiting the impact and loss of light to the northern adjoining properties (79 Grafton St) being acceptable.

Issue: Loss of Privacy

The proposal is not considered to impact detrimentally on the privacy of adjoining properties. The distance between the proposed commercial tower and the residential tower buildings (including the width of Rowe Lane) is considered acceptable. The amended plans indicates that the amount of glazing treatment of the tower at the northern elevation would be reduced by provision of a variation of different wall material finishes (glazed to masonry mix) andincorporation of some variations to its vertical form by introducing elements of articulation/relief. In addition, opaque glass and louvres are also to be provided on the northern elevation in order to reduce privacy concerns raised by adjoining properties.

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Issue: Loss of view and height

A site inspection revealed that the proposed development is unlikely to impede on significant views from the objector’s apartments. It is to be noted that Sydney Harbour views are currently available from the opposite northern windows of the objector’s apartments, which are not affected by this proposal

Section 79C(1)(e) - The public interest.

The amended proposal has been designed to minimise significant adverse negative impacts onto neighbouring properties in particular residential properties. It is not considered that the application is against the public interest.

5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW

The amended plans are considered to provide for an acceptable response to Council’s deferral matters. It is acknowledged that not each deferral matter has been literally addressed (eg the building is still slightly over the 4:1 draft floor space control for the site), however the DBU is satisfied that the building has been reasonably amended and suitably improved to address Council’s concerns.

When built, the context and quality of this building is considered more important than nominal compliance with draft controls and deferral matters. The building is considered to be a well designed, medium-rise commercial building. Compared to some of its neighbours to the north it will read as a relatively modest structure.

This building is also considered to provide for good design / ESD measures for a commercial building. The historic street wall / facades are retained within the development and the car park provides for modest but appropriate car parking / loading to service the development. While some concerns have been raised with the proposal in respect to the ‘green wall’ to the western elevation of the building, the DBU is pleased to see that a developer is trying to make an ESD measure such an integral part of a new commercial building. The DBU was also pleased to see the addition of useful balconies to this building, which will hopefully help break down the practice whereby new commercial buildings become ‘sealed’ boxes, as is common is most recent commercial developments in Bondi Junction.

The development has now been through an IHAP and Council review and the amended plans readvertised (where no submissions were received). The amended proposal is considered to have appropriately addressed the issued raised in these forums.

On balance the DBU supports approval of this building subject to conditions of consent.

6. RECOMMENDATION

That Development Application No.566/2007 at 356-360 Oxford Street, Bondi Junction for the proposed seven storey commercial building with partial basement car park, be approvedsubject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

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The development must be in accordance with:

(a) Architectural Plan Nos DA 0.00, DA1.01, DA 2.01 to DA2.04, DA3.01 to DA3.04 and DA4.01 to DA4.02 and DA5.0, tables and documentation prepared by Marchese & Partners, dated Aug 2007, and received by Council on 26 May 2008;

(b) External Finishes Schedule Drawing 3.01 and 3.02 Revision B prepared by Marchese & Partners, dated Aug 2007, and received by Council on 26 May 2008;

(c) Demolition & Construction Management Plan prepared by Farrell Coyne Projects;

(d) 2007 BCA Section J Compliance Report No. 20C-07-0183-TRP – 247391-2 prepared by Vipac Engineers & Scientists Ltd;

(e) Landscape Plan No. LA01 – LA03 Revision A and documentation prepared by Taylor Brammer Landscape Architects Pty Ltd, dated Sept 07, and received by Council on 23 October 2007; and

(f) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006,

except where amended by the following conditions of consent.

2. STATE ENVIRONMENTAL PLANNING POLICY NO.1 OBJECTION

Pursuant to the applicant's objection under State Environmental Planning Policy No. 1 prepared by MJB Urban Planning and the powers delegated to Council by the Director ofPlanning, the provisions of Clause 14 - Waverley and Woollahra Joint Local Environmental Plan 1991 – Bondi Junction Commercial Centre are waived to permit a floor space ratio of 4.36:1.

3. GENERAL MODIFICATIONS

The proposal shall be amended as follows:

a. The planter boxes at level 2 and roof level are to be increased to allow for a dimension of 950mm wide and 1000mm in depth in order to provide the greatest opportunity for the survival of the climbers and vegetations. Replacement climbers and vegetations are to be planted for the lifetime of this project. An audit and replacement of plantings is required to be conducted on a 3 monthly basis.

Plantings shall be situated in the middle of these planter boxes to allow for even root development and planted to horticultural specifications.

An organic potting mix suitable for planter boxes and meeting Australian Standards is to be supplied at time of installation. Organic mulch installed to a depth of 10mm is to be used to prevent loss of water from the planters.

A drip irrigation system is to be installed to provide adequate water to these plantings. A watering regime is to be developed to ensure plants are adequately watered. This irrigation system shall be monitored and maintained on a 3 monthly basis.

b. The plans are to show that the existing street awning is to be retained and restored. Roof sheeting and fascia are to be replaced while the frames and extent of the awning

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are to be retained. The alignment depth of the awning shall be consistent with the neighbouring awnings and provide an acceptable pedestrian environment.

c. The plans are to show that the glazed areas of the northern elevation is to incorporate a series of alternating translucent vertical panel and solid vertical panels, and this combined with the lower opaque portion should results in reducing overlooking concerns of adjoining properties. Details are to be indicated on the northern elevation of the building and the operation hours of the night light switches to minimise any privacy impacts should also be indicated on plans.

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

4. SEPARATE APPLICATION FOR SIGNAGE

Any proposed advertising structures to be displayed at the premises are to be subject to a separate development application to and approval from Council.

5. DEVELOPMENT APPLICATIONS FOR RETAIL USES

Specific development applications are to be lodged for the approval of Council in connection with the usage of retail areas within the development, prior to the occupation of the premises.

6. DELIVERY OF GOODS

Loading and unloading of vehicles and delivery of goods to the land shall at all times be carried out within the site. The area set aside for car parking as shown on the approved plans shall be used for the parking of vehicles and for no other purpose.

7. REFRIGERATION UNITS & MECHANICAL PLANT

Any future refrigeration motors/units or other mechanical plant are to be installed within the building in an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any future refrigeration motors/units or other mechanical plant associated with any future use of the building. Details of the refrigeration units and mechanical plant along with the means of acoustically treating the plant room are to be provided with any development application for the use of the premises.

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8. RECYCLING OF WASTE PAPER

The operator of the business shall ensure that waste paper is recycled. In this regard, the operator shall make arrangements with the owner to transfer paper for recycling to the recycling room for removal by a recycling agent.

9. AMENITY

All garbage and recycling must be inside council approved bins, with lids closed to reduce littering, stormwater pollution, odour and vermin.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

10. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and the "Waverley Council Development Contributions Plan 2006” in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and submitted to Council:

1. Where the total development cost is less than $500,000:"Waverley Council Cost Summary Report"; or,

2. Where the total development cost is $500,000 or more:"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council Chambers (First Floor) or downloaded from:www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Chambers, First Floor, Cnr Paul Street and Bondi Road, Bondi Junction.

Advisory Note

A development valued at $100,000 or less will be exempt from the levy.

A development valued at $100,001 - $200,000 will attract a levy of 0.5%.

A development valued at $200,001 or more will attract a levy of 1% based on the fullcost of the development.

11. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $50,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.

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This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

12. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

13. SERVICE AUTHORITY

The applicant is to seek approval from Teltra, Energy Australia, AGL regarding any possible modification to the service authorities’ infrastructure prior to the issue of a Construction Certificate.

14. WASTE STORAGE

The following requirements apply to waste management:

(a) A waste management plan must be submitted to Council to include all waste removal arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises.

(b) Provide a separate waste storage area suitably covered, bunded and drained to the sewer. The waste storage receptacles must be maintained in good order and repair at all times.

(c) Provide a suitable storage area affectively bunded for chemicals, pesticides and cleaning products.

(d) Confer with Sydney Water regarding whether a Trade Waste Agreement is required. A copy of the agreement shall be forwarded to Council if one is entered into with Sydney Water.

(e) All waste and recycling receptacles must be put out for kerb-side collection no earlier than the previous evening.

(f) No waste or recycling generated from the above property is to be disposed of into residential waste or recycling bins, or public bins.

Details are to be included on the plans prior to the issue of the Construction Certificate.

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15. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, including demolition, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81A(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the building works.

The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

16. HERITAGE DEED OF AGREEMENT

The owner(s) of the premises shall enter into and execute a Deed of Agreement with Council to ensure that the 'approved heritage works' to the façade of the retained buildings are completed before or concurrently with any other approved work on the site. The Deed of Agreement shall ensure that:

(a) A Strata or Subdivision Plan for the site and/or the Occupancy Certificate is not releasedprior to the completion of the 'approved heritage works';

(b) Future owner(s) of the site will be bound by the terms of the Deed of Agreement; and

(c) The owner(s) of the land must prepare and execute the Deed of Agreement prior to the issue of a Construction Certificate for any part of the development. The cost of the preparation and registration of all legal and associated expenses is to be met by the owner(s) or applicant.

17. ESSENTIAL SERVICES - NEW BUILDING

Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the:

(a) basis of design;

(b) standard to which the system is to be installed; and

(c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic schematics etc and calculations shall be submitted for Council's records.

At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate:

(a) inspection, testing and commissioning details;

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(b) date of inspection, testing and commissioning;

(c) the name and address of the individual who carried out the test; and

(d) a statement that the service has been designed, installed and is capable of operating to the above standard.

18. CERTIFICATION OF MECHANICAL EXHAUST

The mechanical exhaust ventilation system is to comply with the approved plans and specifications in addition to Australian Standards AS 1668 parts 1 and 2, 2002. A Certificate of Test together with a copy of the final test figures is to be submitted by a competent person and approved by the Principle Certifying Authority prior to the issue of the Occupation Certificate.

19. HOARDING REQUIRED

A standard B-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate.

Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

20. GEOTECHNICAL ENGINEERS REPORT

A geotechnical engineers report, regarding the stability of the subject site and stating that damage should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

21. DETAILS OF BULK EXCAVATION, SHORING ORPILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

22. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Council's DCP 19 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

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The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction.

23. CONSTRUCTION VEHICLE PLAN OF MANAGEMENT

Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site.

24. STORMWATER MANAGEMENT

All seepage and surface waters and roof waters being collected and disposed of in accordance with Council's Stormwater Policy and this may involve the provision of an on-site detention system (OSD). Details prepared by a Hydraulics Engineer are to be submitted to and approved by the Principle Certifying Authority prior to the issue of a Construction Certificate.

25. ENGINEERING DETAILS

Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural works prior to the issue of a Construction Certificate.

26. BICYCLE PARKING

A total of twelve (12) bicycle parking spaces are to be provided. Such spaces are to be provided by way of a secure lockable area, individual lockers or suitable bicycle racks and are to be located within the basement. Details are to be indicated on the plans prior to the issue of the Construction Certificate.

27. ACCESSIBLE CAR SPACE

A minimum of one car space for the vehicles of people with disabilities in all new or refurbished buildings which provide between 10 and 50 car parking spaces, and 2 for those which provide between 50 and 100 car spaces.

The car spaces shall be identified and reserved at all times and be in the vicinity of a lift or as close as possible to public areas and facilities. The car spaces shall have minimum dimensions of 3.2m x 5.5m and minimum headroom clearance of 2.5m for vehicles fitted with a roof mounted wheelchair rack.

A notice shall be displayed at the entrance to the car park and at each change in direction indicating the location of car spaces and the maximum headroom for vehicles.

Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

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28. HORTICULTURAL MAINTENANCE PROGRAMME

An ongoing and detailed horticultural maintenance programme is to be developed and implemented to allow for the optimum care and maintenance of these plants. All aspects of care such as pest and disease control, watering, fertilising, pruning, plant replacement, mulching, frequency of care and any other horticultural requirement are to be covered in the maintenance programme. Care shall occur on a minimum of a 3 monthly basis and the programme is to exist for the life of the project.

Evidence / details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

29. ACCESS

Access for people with disabilities to be provided to the premises in accordance with the requirements of Building Code of Australia, AS1428.1 and Waverley Development Control Plan 2006. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

30. ACCESS TO MAIN ENTRY

Access in accordance with AS1428.1 shall be provided to and within the main entrance and exit points of the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

31. UNISEX TOILET

At least one unisex sanitary facility designed in accordance with AS1428.1 shall be provided in all new or refurbished buildings and car parking stations that provide public sanitary facilities. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

32. ACCESSIBLE SIGNAGE

Appropriate signage and tactile information indicating accessible facilities shall be provided at the main entrance directory or wherever directional signage or information is provided in the building. Such signage shall have regard to the provisions of AS1428.1.

33. EXTERNAL FINISHES

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

34. MATERIALS AND FINISHES FOR HERITAGE BUILDINGS

Samples of external materials and finishes shall be submitted to Council for approval. In this regard, materials and finishes are to be restricted to the range of heritage colours sympathetic to the historical character of the area with the applicant to confer with Council prior to the preparation of the samples.

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35. ARCHIVAL RECORDING OF HERITAGE BUILDINGS

An archival record shall be prepared of the existing building for deposit in Waverley Council's Archive. This record must be carried out prior to the removal of any significant building fabric or furnishings from the site and must be submitted to Council prior to the commencement of any demolition work and the issue of a Construction Certificate. The record shall comprise photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of 'perspective correction', comprising:

(a) adjacent buildings, building elevations, and important interior and exterior architectural spaces and features of the building/site;

(b) a summary report of the photographic documentation; and

(c) photographic catalogue sheets, which are referenced to a site plan and floor plan, no larger than A3 paper size, and indicating the location and direction of all photos (black & white prints and slides) taken.

36. ENERGY AUSTRALIA

The applicant to confer with Energy Australia to obtain that authority's needs for the provision and location of a kiosk type distribution centre on the subject land, and if deemed necessary, the applicant to make available land to that Authority for the siting of such kiosk/sub-station. Documentary evidence of compliance is to be provided to the satisfaction of the Principle Certifying Authority prior to the issue of the Construction Certificate.

37. LANDSCAPED SLABS

Details shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate indicating the proposed method of water-proofing and drainage of the concrete slabs over which landscaping is proposed.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

38. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

(a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or

(b) the name and permit number of the owner/builder who intends to do the work; and

(c) any change to these arrangements for doing of the work.

39. CONSTRUCTION SIGNS

Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor

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(the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

40. EXCAVATION AND BACKFILLING

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

41. EXCAVATION BELOW FOOTINGS

If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must:

(a) preserve and protect the building from damage; and

(b) if necessary, must underpin and support the building in an approved manner; and

(c) must, at least seven days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

42. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:

(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and

(c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.

43. TOILET FACILITIES

Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

44. DILAPIDATION REPORT

A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings, including ancillary structures located upon the adjoining properties.

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45. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint;

(b) confirm that no asbestos products are present on the subject land; or

(c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998);

(d) describe the method of demolition;

(e) describe the precautions to be employed to minimise any dust nuisance; and

(f) describe the disposal methods for hazardous materials.

46. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.

47. SOIL AND WATER MANAGEMENT PLAN

A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DEC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

48. SOIL AND WATER MANAGEMENT SIGN

Throughout the construction/remediation/demolition period, Council's warning sign for soil and water management must be displayed on the most prominent point of the building site, visible to both the street and site works. A copy of the sign is available from Council.

49. SEDIMENT REMOVAL FROM VEHICLE WHEELS

A vehicle wheel wash, cattle grid, wheel shaker or other appropriate device, shall be installed in accordance with the approved Soil and Water Management Plan for the site prior to the commencement of any site works or activities.

50. ALL BUILDING MATERIALS STORED ON SITE

All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

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51. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;

(b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environment Operations (Noise Control) Regulation 2000.

52. USE OF HEAVY EARTH MOVEMENT EQUIPMENT

Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

53. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

54. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

In accordance with Clause 94 of the Environmental Planning and Assessment Regulations 2000 the existing building and proposed new building must fully comply with the provisions of the Building Code of Australia.

55. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9)

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

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The specified MANDATORY inspections are:

In the case of a Class 5, 6, 7, 8 or 9 building:(a) at the commencement of the building work;(b) prior to covering any stormwater drainage connections; and(c) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building.

The following additional inspections are required to be undertaken by the PCA:

(a) sediment control measures prior to the commencement of building work;(b) foundation material prior to undertaking building work;(c) shoring of excavation works, retaining walls, piers, piling or underpinning works;(d) steel reinforcement, prior to pouring concrete;(e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; and(f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls).

Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

56. CERTIFICATE OF SURVEY - LEVELS

All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

57. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING

A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

58. MECHANICAL VENTILATION SYSTEMS

The mechanical ventilation system shall comply with Australian Standard AS 1668.2.2002 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include:

(a) inspection, testing and commissioning details;

(b) date of inspection, testing and commissioning details;

(c) the name and address of the individual who carried out the test; and

(d) a statement that the service has been designed, installed and is capable of operating to the above standard.

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59. NOISE FROM MECHANICAL VENTILATION

The noise emanating from the mechanical ventilation system shall be in accordance with the requirements of Appendix B of the Australian Standard AS 1055.2-1984 (Description and Measurement of Environmental Noise).

60. COOLING TOWERS

The air handling system and cooling tower shall be designed, installed and maintained in accordance with the requirements of the Public Health Act 1991 (Part 4 Microbial Control) and Regulations and Australian Standard AS3666-1989 Air handling and water systems in building - microbial control.

All waste water from the cooling tower/humidifier/evaporative cooler/warm water system shall be discharged to sewer under a Trade Waste Agreement from Sydney Water.

61. ENCROACH BEYOND THE BOUNDARIES

No portion of the proposed building including the footings and roof eaves, to encroach beyond the boundaries of the subject property.

62. WATER PROOFING

The floor and wall surfaces of the proposed bathrooms/toilets being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.

Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

63. HERITAGE ARCHITECT

The applicant is to commission an experienced conservation architect to work with the consultant team throughout the design development, contract documentation and construction stages of the project. The conservation architect is to be involved in the resolution of all matters where existing significant fabric and spaces are to be subject to preservation, restoration, reconstruction, adaptive reuse, recording and demolition. The conservation architect is to be provided with full access to the site and authorised by the applicant to respond directly to Council where information or clarification is required regarding the resolution of heritage issues throughout the project.

The applicant is to commission experienced trades persons (as appropriate) that are skilled in traditional building and engineering trades to carry out the proposed scope of works.

64. COMPLIANCE WITH HERITAGE REPORT

The proposed works are to be conducted in accordance with the Heritage Assessment & Statement of Heritage Impact, prepared by NBRS&P Heritage, and dated September 2007 and received by Council on 23 October 2007.

65. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER

Excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

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66. STREETSCAPE WORKS - BONDI JUNCTION

The footpaths surrounding the site are to be upgraded in accordance with Council's Bondi Junction Technical Manual. In this regard, the applicant is to confer with Council prior to commencement of the works.

67. BONDI JUNCTION STREET TREES

The provision of planting in Oxford Street and Vernon Street is to be in accordance with Council's reviewed Bondi Junction Technical Manual and Bondi Junction Commercial Centre Design Framework and in discussion with Council.

68. WORK OUTSIDE PROPERTY BOUNDARY

All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

69. VEHICULAR ACCESS

Vehicular access and gradients of vehicle access driveway(s) within the site are to be in accordance with Australian Standard 2890.1 Parking Facilities - Off Street Car Parking with details provided on the plans prior to the issue of the Construction Certificate.

70. LONG SECTION OF DRIVEWAY

A long section of the driveway shall be submitted with the Construction Certificate. The long section is to be drawn at a scale of 1:25 and shall include Reduced Levels (RLs) of the road centreline, kerb, road reserve, and pavement within the property and garage floor. The RLs shall include the existing levels and the design levels.

71. RELOCATE/MODIFY STORMWATER PIT REQUIRED

An existing Council stormwater pit will need to be relocated/modified to provide vehicular access to the property. All work associated with relocating/modifying the stormwater pit will be carried out by Council at the applicant/owner's expense and payment for this work is to be received before the crossing is constructed and the refund of the security deposit.

72. NEW VEHICLE CROSSING

A new vehicle crossing is to be provided to access the proposed basement car park. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. All new vehicle crossings to be Wheel Strips instead of full width concrete driveway wherever feasible.

73. VEHICULAR ACCESS - FINISHED LEVELS

The finished level at the property boundary on both sides of the vehicle crossing is to be 100m above the level of the invert of the existing concrete gutter.

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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

74. SYDNEY WATER

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92.

Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions 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 linen plan/occupation of the development.

75. FINAL OCCUPATION CERTIFICATE

The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

76. STREET NUMBER/S

The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. Should the number be fixed to an awning then it shall be a minimum 150mm high.

77. CERTIFICATION OF AIR CONDITIONING SYSTEM

The installed air conditioning system shall be the subject of an air filter cleaning/replacement service and regular servicing. In this regard, documentary evidence is to be submitted to Council or an Accredited Certifier enabling a Compliance Certificate to be issued on request certifying satisfactory compliance with this condition and the efficient performance of the system.

78. DISPLAY OF WASTE MANAGEMENT PLAN

The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation.

79. LANDSCAPE PLAN

The site is to be landscaped and turfed in accordance with the approved landscaped plan with the landscape works completed prior to the issue of the Occupation Certificate.

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