planning and development committee - 21 june 2016 - item 8

MAJOR DEVELOPMENT ASSESSMENT SUB-COMMITTEE 21 JUNE 2016

STAGE 2 DEVELOPMENT APPLICATION: 1 ELGER STREET, 83 BAY STREET GLEBE - GLEBE AFFORDABLE HOUSING PROJECT 16440906

ITEM 8. STAGE 2 DEVELOPMENT APPLICATION: 1 ELGER STREET, 83 BAY STREET GLEBE - GLEBE AFFORDABLE HOUSING PROJECT

FILE NO: D/2015/1794

DEVELOPMENT APPLICATION NO: D/2015/1794

SUMMARY

Date of Submission: 11 December 2015 (Amended Plans received 14 March and 6 April 2016)

Applicant: NSW Land & Housing Corporation

Architect: DEM

Developer: NSW Land & Housing Corporation

Owner: NSW Land & Housing Corporation

Cost of Works: $35,121,514.00

Proposal Summary: Stage 2 development application for the Glebe Affordable Housing Project, comprising excavation and construction of a part 5/part 6 storey residential flat building (Block B), comprising a total of 48 units, community room, communal open space and landscaping; and excavation and construction of a part 6/part 9 storey residential flat building (Block D) comprising 110 apartments, community room, communal open space, and landscaping. Demolition of the existing substation at 83 Bay Street.

The notification of the application resulted in 27 submissions of objection being received, including the following reasons:



Proposal Summary (continued):

• Scale, relationship, and loss of solar access to Queen Street residences

• Blank southern facade of Block D. • Amenity of units • Impact on adjacent heritage conservation area • No parking provisions • Two way design of Elger Street will allow flow

of traffic from Bay Street into Glebe • Do not appear to be laundries or drying

facilities • Roof gardens will generate noise and privacy

issues • Development will do little to address affordable

housing shortage as it provides only a few more social housing units than previously provided on the site.

Preliminary concerns identified in assessment of the proposal included:

• The massing of proposed Block D and relationship to neighbouring residential development to the south on Queen Street;

• The assessment of solar access to neighbouring properties and communal open spaces.

• The external treatments, finishes, and lack of contextual relationship of the buildings;

• The limited number of ground floor entries to the buildings, their design and poor relationship of the buildings with the public domain;

• Waste management arrangements; • Provision of bicycle parking; • Confirmation that site contamination has

been/will be appropriately addressed

Amended plans and additional information have been submitted to address these issues.

A Section 96 modification to the Stage 1 development application D/2013/412 is proposed concurrently to make changes to the building envelopes and to ensure consistency of this application with the Stage 1 approval. The Central Sydney Planning Committee is the consent authority for the modification application (D/2013/412/A) which is be presented to their meeting on 23 June 2016. The report recommends approval to the Section 96 modifications. This report has been written on the basis that approval is obtained for the Stage 1 modification.



Proposal Summary (continued):

In its amended form, the proposal is considered to be consistent with the Stage 1 development application D/2013/412 (as amended) and, within the parameters of that approval, to be generally consistent with the relevant planning controls.

The application is a Crown development application under the Environmental Planning & Assessment Act 1979 and, accordingly, Council cannot refuse the application without the approval of the Minister, or impose conditions of consent without the agreement of the applicant. The applicant has agreed, in writing, to the recommended conditions of consent.

Summary Recommendation:

In event that approval is granted to D/2013/412/A (Section 96 application), the subject DA (D/2015/1794) is recommended for approval.

Development Controls:

(i) Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011 (Gazetted 1 July 2011)

(ii) Sydney Development Control Plan (Glebe Affordable Housing Project) 2011 (Gazetted 1 July 2011)

(iii) State Environmental Planning Policy (Affordable Rental Housing) 2009

(iv) State Environmental Planning Policy (Infrastructure) 2007

(v) State Environmental Planning Policy No 32—Urban Consolidation (Redevelopment of Urban Land)

(vi) State Environmental Planning Policy 55

(vii) State Environmental Planning Policy 65

(viii) State Environmental Planning Policy (BASIX) 2004

(ix) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Deemed SEPP)

Attachments: A - Proposed Plans

B - Photomontages



RECOMMENDATION

It is resolved that consent be granted to Development Application No. D/2015/1794, subject to the following conditions:

SCHEDULE 1A

Approved Development/Design Modifications/Covenants and Contributions/Use and Operation

Note: Some conditions in Schedule 1A are to be satisfied prior to works commencing on site and some are to be satisfied prior to occupation, where indicated.

(1) APPROVED DEVELOPMENT

(a) Development must be in accordance with Development Application No. D/2014/1794 dated 11 December 2015 and the following drawings prepared by DEM Architecture:

Drawing Number Drawing Name Date

ar-0200 Rev a02 Master Plan Lower Ground Floor 05/04/16

ar-0201 Rev a02 Master Plan Ground Floor 05/04/16

ar-0202 Rev a02 Master Plan Level 1 05/04/16








ar-2100 Rev a02 Sections Block B 05/04/16

ar-2101 Rev a02 Sections Block D 05/04/16

ar-2102 Rev a02 Sections Block D 05/04/16



Drawing Number Drawing Name Date

ar-2500 Rev a02 North Elevation South Elevation Block B

05/04/16

ar-2501 Rev a02 East Elevation West Elevation Block B

05/04/16

ar-2502 Rev a02 North Elevation South Elevation Block D

05/04/16

ar-2503 Rev a02 East Elevation West Elevation Block D

05/04/16

and as amended by the conditions of this consent.

(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.

(2) DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a) Balustrade fins and metal screens are to be designed and fixed such that they extend over the slab edge of the balconies.

(b) The awnings/sun grilles to the upper level apartments are to be designed to incorporate functional fixed or operable louvres, of appropriate orientation for the respective apartments.

(c) The sandstone facing below the outdoor space of the common room for Block D is to be returned (at the eastern end) so the sandstone element appears solid and 3 dimensional. The return should be at least as long as the extent of the balustrade immediately above.

(d) Stormwater pits are located in the middle of the footpaths at the principal points of entry to the buildings. The stormwater design is to be amended to reposition the stormwater pits so they are not within the principal pedestrian paths of travel to the building so they are not within the principal pedestrian paths of travel to the building.

(e) The door currently depicted to Block B opening over Stirling Street is to be amended such that it does not encroach on the public domain.

(f) The eastern stairwell to Block B is to be amended to include a doorway to each of Levels 1, 2, 3 and 4.

The modifications are to be submitted to and approved by Council’s Director City Planning, Development and Transport prior to works commencing on site, provided that Council shall not unreasonably withhold such approval.



(3) DESIGN DETAILS (MAJOR DEVELOPMENT)

(a) The materials and external finishes of the following elements must be submitted to and approved by the Council’s Director City Planning, Development and Transport prior to works commencing on site, provided that Council shall not unreasonably withhold such approval:

(i) Southern elevation of the nine storey portion of Block D;

(ii) Brickwork;

(iii) Roof surfaces;

(iv) Lift overruns;

(v) External metal screens to stairs and balustrades

(vi) Awnings over the uppermost apartment level balconies;

(vii) Balustrades

(viii) Details of any ventilation stacks required to penetrate the roof.

(4) APPROVED DESIGN ROOF - TOP PLANT

All roof-top plant and associated equipment must be located within the approved building envelope. Should the plant exceed the approved building envelope, then further approval is required from Council.

Details of screening to all roof-top plant, including external colours and finishes are to be submitted to and approved by Council’s Director City Planning, Development and Transport prior to works commencing on site, provided that Council shall not unreasonably withhold such approval.

(5) GROSS FLOOR AREA

The following applies:

(a) The total Gross Floor Area of the development is as follows:

(i) Block B – 3370m2

(ii) Block D – 7750m2

(b) Prior to occupation, a Registered Surveyor must provide certification of the total and component Gross Floor Areas (by use) in the development, utilising the definition under the Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011, applicable at the time of development consent.

(6) CAR SHARE

(a) An application must be made to Council for a minimum of 1 car share space to be provided on Elger Street. The car share space(s) are to be provided to meet the following conditions:



(i) The space(s) must be made available to car share operators without a fee or charge.

(ii) The space(s) must be sign posted for use only by car share vehicles and well lit.

(iii) The space(s) must be accessible to members of the car share scheme at all times.

(b) The applicant must prepare a plan showing the proposed parking restrictions for Elger Street. The plan must include the parking restrictions and the locations of all the parking signs and stems, and their chainages from the nearest intersection.

The plan must be submitted to the Local Pedestrian, Cycling and Traffic Calming Committee via the City Infrastructure and Traffic Operations Unit seeking the City’s approval for any changes to kerb side parking arrangements.

(c) All approved parking restrictions and signs must be installed at no cost to Council and must be installed prior to occupation.

Note:

(i) The process of reporting an item to the Local Pedestrian, Cycling and Traffic Calming Committee takes approximately 8 weeks from the relevant Council officer being satisfied with the proposal.

(7) ASSOCIATED ROADWAY COSTS

All costs associated with the construction of any new road works including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with the City’s “Sydney Streets Technical Specification” including amendments and “Sydney Streets Design Code”.

(8) BICYCLE PARKING AND END OF TRIP FACILITIES

(a) The minimum number of bicycle parking spaces and end of trip facilities to be provided for the development must comply with the table below.



BLOCK B

Bicycle Parking Type Number Requirements

Residential 21 Spaces must be a class 1 or class 2 facility

Residential visitor 5 Spaces must be Class 3 bicycle rails

BLOCK D

Bicycle Parking Type Number Requirements

Residential 46 Spaces must be a class 1 or class 2 facility

Residential visitor 11 Spaces must be Class 3 bicycle rails

(b) The layout, design and security of bicycle facilities must comply with the minimum requirements of Australian Standard AS 2890.3 Parking Facilities Part 3: Bicycle Parking Facilities. The details must be submitted to LAHC prior to works commencing on site.

(9) TRANSPORT ACCESS GUIDE

A Transport Access Guide, including a strategy for the future distribution of the Guide to residents and visitors to the site, must be submitted to Council prior to occupation of the site.

Note:

(a) Transport Access Guide requirements are detailed in section 7.7 of the Sydney DCP 2012. Information about preparing a Transport Access Guide is available on Council’s website. For further information about a preparing a Transport Access Guide, the applicant should contact the City’s Transport and Access Unit.

(10) CHANGES TO KERB SIDE PARKING RESTRICTIONS

A separate submission must be made to the Local Pedestrian, Cycling and Traffic Calming Committee via the City Infrastructure and Traffic Operations Unit seeking the City’s approval for any changes to kerb side parking arrangements. There is no guarantee kerb side parking will be changed, or that any change will remain in place for the duration of the development use.

The submission must include two plans. One showing the existing kerb side parking restriction signs and stems, the second showing the proposed kerb side parking restriction signs and stems. Both plans must include chainages to all signs and stems from the kerb line of the nearest intersection.

All costs associated with the parking proposal will be borne by the developer.



Note: As parking in the LGA is at a premium, it is recommended that the applicant should approach the Area Traffic Engineer to discuss the proposal before making a submission.

(11) COST OF SIGNPOSTING

All costs associated with signposting for any kerbside parking restrictions and traffic management measures associated with the development shall be borne by the developer.

(12) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME - APPLICATION OF CITY OF SYDNEY PARKING POLICY

All owners, tenants and occupiers of this building are advised that it is the Policy of Council that they are not eligible to participate in any existing or proposed Council on-street resident parking schemes. The owner of the dwelling must advise all intending owners, tenants and occupiers of the dwelling of this prohibition in writing at the time of entering into a purchase / lease / occupancy agreement.

(13) SIGNAGE TO INDICATE NON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME

Signs reading ‘all owners, tenants and occupiers of this building are advised that they are not eligible to obtain an on-street resident parking permit from Council’ must be permanently displayed and located in prominent places such as at display apartments and on all directory boards or notice boards, where they can easily be observed and read by people entering the building. The signs must be erected prior to occupation and must be maintained in good order at all times by the Owners of the building.

(14) VEHICLE FOOTWAY CROSSING

A separate application is to be made to, and approved by, Council for the construction of any proposed vehicle footway crossing or for the removal of any existing crossing and replacement of the footpath formation where any such crossings are no longer required.

All disused or redundant vehicle crossings and laybacks must be removed and footway, kerb, gutter and road restoration reinstated in accordance with Council’s standards, to suit the adjacent finished footway and edge treatment materials, levels and details, or as otherwise directed by Council officers. All construction and replacement works are to be completed in accordance with the approved plans prior to occupation.

Note: In all cases the construction materials should reinforce the priority of pedestrian movement over that of the crossing vehicle.

(15) HERITAGE INTERPRETATION STRATEGY

(a) A heritage interpretation strategy for the site must be submitted to and approved by Council prior to any works commencing, provided that Council shall not unreasonably withhold such approval.



(b) It is to be prepared by a suitably qualified and experienced heritage consultant.

(c) The interpretation strategy must detail how information on the history, development and significance of the site will be provided for the public and make recommendations regarding public accessibility, signage and lighting. Public art, details of the heritage design and the display of selected artefacts are some of the means that can be used. The strategy is to include incorporation of the foundation plaques of the buildings that were on the site.

(16) RESTRICTION ON RESIDENTIAL DEVELOPMENT

The following restriction applies to buildings approved for residential use:

(a) All apartments within the development must be used as permanent residential accommodation only and not for the purpose of a hotel, motel, serviced apartments, private hotel, boarding house, tourist accommodation or the like, other than in accordance with the Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011.

(b) A restrictive covenant is to be registered on the title of the development site in the above terms and restricting any change of use of those levels from “residential accommodation” as defined in Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011. The covenant is to be registered on title prior to occupation or the use commencing, whichever is earlier, to the satisfaction of the Council. All costs of the preparation and registration of all associated documentation are to be borne by the applicant.

(c) If a unit contains tenants, it must be subject to a residential tenancy agreement for a term of at least three months.

(d) No person can advertise or organise the use of residential apartments approved under this consent for short term accommodation or share accommodation.

(17) NOISE - GENERAL

(a) The emission of noise associated with the use of the premises including the cumulative operation of any mechanical plant and equipment, and air conditioning shall comply with the following:

(i) The LAeq, 15 minute noise level emitted from the use must not exceed the project specific noise level for that receiver as determined in accordance with the NSW EPA Industrial Noise Policy. Noise must be measured in accordance with the Industrial Noise Policy and relevant requirements of Australian Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.



(ii) Project specific noise levels shall be determined by establishing the existing environmental noise levels, in complete accordance with the assessment LA90, 15 minute / rating LA90, 15 minute process to be in accordance with the requirements for noise monitoring listed in the NSW EPA Industrial Noise Policy and relevant requirements of Australian Standard AS1055-1997 Standard AS 1055-1997 Acoustics – Description and measurement of environmental noise.

(iii) Modifying factors in Table 4.1 of the NSW EPA Industrial Noise Policy are applicable.

(b) An LAeq,15 minute noise level emitted from the use must not exceed the LA90,

15 minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any habitable room of any affected residence or noise sensitive commercial premises provided that:

(i) Where the LA90, 15 minute noise level is below the threshold of hearing, Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226 : 2003- Normal Equal-Loudness-Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead.

(ii) The LAeq,15 minute noise level and the LA90,15 minute noise level shall both be measured with all external doors and windows of the affected residence closed;

(iii) The relevant background noise level (LA90, 15 minute) is taken to mean the day, evening or night rating background noise level determined in complete accordance with the methodology outlined in the NSW EPA Industrial Noise Policy and Australian Standard AS1055.1997 Acoustics – Description and measurement of environmental noise.

(iv) Background noise shall be established in the absence of all noise emitted from the use but with the ventilation equipment normally servicing the affected residence operating. Background noise measurements are to be representative of the environmental noise levels at the affected location.

(v) Modifying factors in Table 4.1 of the NSW EPA Industrial Noise Policy are applicable. Internal Noise measurements are not to be corrected for duration.

(18) COMPLIANCE WITH THE ACOUSTIC REPORT PRIOR TO OCCUPATION

All performance parameters, requirements, engineering assumptions and acoustic recommendations contained in the acoustic report prepared by Acoustic Logic, dated 2 December 2015 and referenced 20151289.1/2711A/R1/HP must be implemented as part of the detailed design assessment and incorporated into the development.



(19) FINAL ACOUSTIC VERIFICATION REPORT

A final acoustic verification report is to be submitted to the Council’s Area Planning Manager prior to the occupation of Blocks B and D confirming that the acoustic mitigation measures identified in the acoustic report prepared by Acoustic Logic, dated 2 December 2015 and referenced 20151289.1/2711A/R1/HP have been incorporated into the development and the internal acoustic amenity criteria outlined in the report have been achieved.

(20) DEMOLITION, EXCAVATION AND CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN

A site specific noise management plan shall be submitted to the Council’s Area Planning Manager for comment and approval prior construction works associated with Block B and D taking place, provided that Council shall not unreasonably withhold such approval.

The Plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants.

The plan must include but not be limited to the following:-

(a) Identification of noise sensitive receivers near to the site.

(b) A prediction as to the level of noise impact likely to affect the nearest noise sensitive receivers from the use and proposed number of high noise intrusive appliances intended to be operated onsite. A statement should also be submitted outlining whether or not predicted noise levels will comply with the noise criteria stated within the City of Sydney Construction Hours /Noise Code of Practice 1992 for the typical construction hours of 07.00am to 7.00pm. Where resultant site noise levels are likely to be in exceedance of this noise criteria then a suitable proposal must be given as to the duration and frequency of respite periods that will be afforded to the occupiers of neighbouring property.

(c) A representative background noise measurement (LA90, 15 minute) should be submitted, assessed in the vicinity of any potentially affected receiver locations and measured in accordance with AS 1055:1.2.1997.

(d) Confirmation of the level of community consultation that has/is and will be undertaken with Building Managers/ occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.

(e) Confirmation of noise monitoring methodology that is to be undertaken during the main stages of work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with the noise criteria contained within City's Construction Noise Code.

(f) What course of action will be undertaken following receipt of a complaint concerning offensive noise.



(g) Details of any noise mitigation measures that have been outlined by an acoustic consultant or otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring noise sensitive property to a minimum.

(h) What plant and equipment is to be used on site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available.

SCHEDULE 1B

Prior to Commencement of Work/Health and Building

Note: Prior to works commencing on site, sufficient information must be forwarded to the certifying authority illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority).

(21) ASBESTOS REMOVAL WORKS

(a) All works removing asbestos containing materials must be carried out by a suitably licensed asbestos removalist duly licensed with WorkCover NSW, holding either a Friable (Class A) or a Non- Friable (Class B) Asbestos Removal Licence which ever applies.

(b) Five days prior to the commencement of licensed asbestos removal, WorkCover must be formally notified of the works. All adjoining properties and those opposite the development must be notified in writing of the dates and times when asbestos removal is to be conducted. The notification is to identify the licensed asbestos removal contractor and include a contact person for the site together with telephone number and email address.

(c) All works must be carried out in accordance with the Work Health and Safety Regulation 2011 and the NSW Government and WorkCover document entitled How to manage and control asbestos in the work place: Code of Practice (NSW WorkCover) and the City of Sydney Managing Asbestos Policy.

(d) The asbestos removalist must use signs and barricades to clearly indicate the area where the asbestos removal work is being performed. Signs must be placed in positions so that people are aware of where the asbestos removal work area is and should remain in place until removal is completed and clearance to reoccupy has been granted. Responsibilities for the security and safety of the asbestos removal site and removal work area should be specified in the asbestos removal control plan (where required). This includes inaccessible areas that are likely to contain asbestos.



(e) Warning signs must be placed so they inform all people nearby that asbestos removal work is taking place in the area. Signs should be placed at all of the main entry points to the asbestos removal work area where asbestos is present. These signs should be weatherproof, constructed of light-weight material and adequately secured so they remain in prominent locations. The signs should be in accordance with AS 1319-1994 Safety signs for the occupational environment for size, illumination, location and maintenance.

(f) Asbestos to be disposed of must only be transported to waste facilities licensed to accept asbestos. The names and location of these facilities are listed in Appendix F of the City of Sydney’s Managing Asbestos Guidelines.

(g) No asbestos products are to be reused on the site (i.e. packing pieces, spacers, formwork or fill etc).

(h) No asbestos laden skips or bins are to be left in any public place without the approval of Council.

(i) A site notice board must be located at the main entrance to the site in a prominent position and must have minimum dimensions of 841mm x 594mm (A1) with any text on the notice to be a minimum of 30 point type size.

The site notice board must include the following:

(i) contact person for the site;

(ii) telephone and facsimile numbers and email address; and

(iii) site activities and time frames.

(22) CERTIFICATION OF GEOTECHNICAL INSPECTION

Prior to the commencement of works, a Geotechnical Inspection Certificate in accordance with Clause A2.2(a)(iii) of the Building Code of Australia prepared by an appropriately qualified person must be submitted to LAHC and a copy submitted to Council.

(23) GEOTECHNICAL REPORT AND CERTIFICATION

Prior to commencement of any foundation or bulk excavation, a Geotechnical Report must be submitted to LAHC, and a copy submitted to Council.

(24) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES

The building must be designed and constructed to provide access and facilities for people with a disability in accordance with the Building Code of Australia.

If, in complying with this condition, amendments to the development are required, the design changes must be submitted to Council prior to construction.



(25) OPERATING HOISTING DEVICES INCLUDING BUILDING MAINTENANCE UNITS OVER A PUBLIC ROAD

If it is proposed to install a building maintenance unit or operate a hoisting device above a road (footpath) including swinging, hoisting material/equipment and slewing any part of the device, a separate application under Section 68 of the Local Government Act 1993 and Section 138 of the Roads Act 1993 must be made to Council to obtain approval.

Note: Building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance (Work Health and Safety Regulation 2011).

(26) STRUCTURAL CERTIFICATION FOR DESIGN – BCA (ALL BUILDING CLASSES)

Prior to the commencement of works, structural details and a Structural Certificate for Design in accordance with Clause A2.2(a)(iii) of the Building Code of Australia (applicable to Class 2-9 building) and Cause 1.2.2(iii) of Volume 2 of the BCA (applicable to Class 1 and 10 buildings) must be submitted to LAHC. A copy of the certificate must be submitted to Council.

(27) BASIX CERTIFICATE

A copy of the required completed BASIX certificate accepted as part of this Development Consent with respect to the proposed residential building works, must be lodged with the plans presented to the certifier of Crown building works, and the items nominated as part of the subject BASIX certificate must be specified on the plans submitted to LAHC. – See Note.

IMPORTANT NOTE:

(a) Any requirement detailed in the accompanying BASIX Certificate, MUST be included as a specific notation or inclusion on any future construction plans and specification in accordance with Part 3 of Schedule 1 of the EP&A Regulation, 2000.

(28) PHYSICAL MODELS

(a) Prior to occupation, an accurate 1:500 scale model of the development as constructed must be submitted to Council for the City Model in Town Hall House.

Note:

(i) The models must be constructed in accordance with the Model Specifications available online at http://www.cityofsydney.nsw.gov.au/development/application-guide/application-process/model-requirements Council’s modellers must be consulted prior to construction of the model.

(ii) The models are to comply with all of the conditions of the Development Consent.



(iii) The models must be amended to reflect any further modifications to the approval (under section 96 of the Environmental Planning and Assessment Act) that affect the external appearance of the building.

(29) SUBMISSION OF ELECTRONIC CAD MODELS PRIOR TO OCCUPATION

(a) Prior to occupation, an accurate 1:1 electronic CAD model of the completed development must be submitted to Council for the electronic Visualisation City Model.

(b) The data required to be submitted within the surveyed location must include and identify:

(i) building design above and below ground in accordance with the development consent;

(ii) all underground services and utilities, underground structures and basements, known archaeological structures and artefacts;

(iii) a current two points on the site boundary clearly marked to show their Northing and Easting MGA (Map Grid of Australia) coordinates, which must be based on Established Marks registered in the Department of Lands and Property Information’s SCIMS Database with a Horizontal Position Equal to or better than Class C.

The data is to be submitted as a DGN or DWG file on a Compact Disc. All modelling is to be referenced to the Map Grid of Australia (MGA) spatially located in the Initial Data Extraction file.

(c) The electronic model must be constructed in accordance with the City’s 3D CAD electronic model specification. The specification is available online at http://www.cityofsydney.nsw.gov.au/development/application-guide/application-process/model-requirements Council’s Modelling staff should be consulted prior to creation of the model. The data is to comply with all of the conditions of the Development Consent.

(30) EROSION AND SEDIMENT CONTROL - MORE THAN 2,500SQM

Prior to the commencement of any works on site, including, but not limited to demolition, excavation or construction work, a Soil and Water Management Plan (SWMP) must be submitted to LAHC and a copy submitted to Council.

(a) The SWMP must identify and respond to all items for Erosion and Sediment Control Plans listed in the condition above, as well as:

(i) Existing site contours;

(ii) Location and diagrammatic representation of all necessary erosion and sediment control systems or structures used to mitigate or prevent pollution to stormwater;



(iii) Location and engineering details with supporting design calculations for all necessary sediment basins, constructed wetlands, gross pollutant traps, trash racks or biofiltration swales (as relevant).

(31) CLASSIFICATION OF WASTE

Prior to the exportation of waste (including fill or soil) from the site, the waste materials must be classified in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW DECC Waste Classification Guidelines, Part1: Classifying Waste (July 2009). The classification of the material is essential to determine where the waste may be legally taken. The Protection of the Environment Operations Act 1997 provides for the commission of an offence for both the waste owner and the transporters if the waste is taken to a place that cannot lawfully be used as a waste facility for the particular class of waste. For the transport and disposal of industrial, hazardous or Group A liquid waste advice should be sought from the EPA.

(32) IMPORTED FILL MATERIALS

All fill imported onto the site shall be validated to ensure the imported fill is suitable for the proposed land use from a contamination perspective. Fill imported on to the site shall also be compatible with the existing soil characteristic for site drainage purposes.

The City may require details of appropriate validation of imported fill material to be submitted with any application for future development of the site. Hence all fill imported onto the site should be validated by either one or both of the following methods during remediation works:

(a) Imported fill should be accompanied by documentation from the supplier which certifies that the material is not contaminated based upon analyses of the material for the known past history of the site where the material is obtained; and/or

(b) Sampling and analysis of the fill material shall be conducted in accordance with NSW EPA (1995) Sampling Design Guidelines.

(33) NOTIFICATION – NEW CONTAMINATION EVIDENCE

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the City’s Area Planning Manager and the Site Auditor immediately.

(34) REGISTRATION OF COVENANT

A covenant shall be registered on the title of the land and a copy of the title submitted to the City’s Area Planning Manager prior on the completion of blocks B and D, giving notice of the existence of any remaining encapsulated contaminated materials which are subject to ongoing environmental management.



A covenant shall be registered on the title of the land and a copy of the title submitted to the City’s Area Planning Manager on the completion of blocks B & D, giving notice of the existence of any remaining encapsulated contaminated materials which are subject to ongoing environmental management.

(35) SITE AUDIT STATEMENT

Prior to the commencement of works associated with the built form of blocks B and D a Section A Site Audit Statement (SAS) is to be obtained from a NSW EPA Accredited Site Auditor and submitted to the Area Planning Manager.

The SAS must confirm that the development site has been remediated in accordance with the Remedial Action Plan, prepared by JBS, dated April 2010 and referenced JBS 41081-14458 (Rev 0) and Remedial Works Plan for Blocks B & D, Elger Street, Glebe, NSW, prepared by JBS&G referenced L01RWP Block B & D Elger Street Glebe rev B.dox, 7th April 2016 Section 5.1 and 5.2. (c) and confirm the site is suitable for the proposed use

Conditions on the Site Audit Statement shall form part of the consent.

(a) Where the SAS is subject to conditions that require ongoing review by the Auditor or Council these should be reviewed and approved by Council before the SAS is issued. In circumstances where the SAS conditions (if applicable) are not consistent with the consent, a S96 application pursuant to the Environmental Planning & Assessment Act 1979 shall be submitted to ensure that they form part of the consent conditions.

(36) SITE AUDIT STATEMENT – ENVIRONMENTAL MANAGEMENT PLAN

Where the ongoing land use suitability and release of the Final (Section A) Site Audit Statement (SAS) is dependent upon the implementation of an Environmental Management Plan (EMP) in relation to any residual contamination remaining onsite this EMP must be submitted to and approved by the Site Auditor and a copy provided to the City’s Area Planning Manager prior to the issue of the SAS.

(37) COMPLIANCE WITH APPROVED ENVIRONMENTAL MANAGEMENT PLAN

Any future intrusive ground works carried out that have the potential to conflict with any residual contamination remaining onsite must only be carried out in accordance with the Environmental Management Plan as referenced by the Site Auditor on the final Site Audit Statement and submitted to Council

(38) CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN

(a) Prior to the commencement of any above ground works an Environmental Management Plan (EMP) must be prepared by a suitably qualified Environmental Consultant and submitted to the City’s Area Planning Manager. The EMP must consider all potential environmental impacts from the approved works including but not limited to sedimentation control, contamination containment, stockpiles, noise and vibration, odours and dust emissions.



(b) All works must be undertaken onsite in accordance with the approved Environmental Management Plan.

(39) STOCKPILES

(a) No stockpiles of soil or other materials shall be placed on footpaths or nature strips unless prior approval has been obtained from the City’s Construction Regulation Unit.

(b) All stockpiles of soil or other materials shall be placed away from drainage lines, gutters or stormwater pits or inlets.

(c) All stockpiles of soil or other materials likely to generate dust or odours shall be covered.

(d) All stockpiles of contaminated soil shall be stored in a secure area and be covered if remaining more than 24 hours

(40) PERMITS FOR WORK REQUIRING THE USE OF A PUBLIC PLACE

(a) Where construction/building works require the use of a public place including a road or footpath, approval under Section 138 of the Roads Act 1993 for a Works Zone, hoisting activity over a public road, temporary works and / or road openings must be obtained from Council prior to the commencement of work.

For further details please contact Council’s Traffic Works Coordinator or the Traffic Operations Team on (02) 9265-9333 or email [email protected]

(41) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD RESERVE

For temporary shoring including ground anchors affecting the road reserve, a separate application under Section 138 of the Roads Act 1993 must be lodged with Council.

(42) DISCHARGE OF CONTAMINATED GROUNDWATER

Prior approval must be sought form the City’s Public Domain Department to discharge any groundwater into the City’s stormwater drainage system.

Other options for the disposal of groundwater include disposal to sewer with prior approval from Sydney Water or off-site disposal by a liquid waste transporter for treatment/disposal to an appropriate waste treatment/processing facility.

(43) ANNUAL FIRE SAFETY STATEMENT FORM

An annual Fire Safety Statement must be given to Council and the NSW Fire Brigade commencing within 12 months after the date on which the initial Interim/Final Fire Safety Certificate is issued or the use commencing, whichever is earlier.



(44) CONSTRUCTION TRAFFIC MANAGEMENT PLAN

A Construction Traffic Management Plan must be submitted to Council prior to works commencing on site, provided that Council shall not unreasonably withhold such approval.

(45) LANDSCAPED (GREEN) ROOFS

(a) A final detailed plan of the green roof, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted to and approved by Council’s Area Planning Manager prior to works commencing on site, provided that Council shall not unreasonably withhold such approval. The plan must include:

(i) A statement that includes details of proposed use of the green roof, general accessibility, as well as noise and privacy treatments.

(ii) Location of existing and proposed structures, services and hard landscaping on the rooftop, roof fixings and other structural elements that may interrupt waterproofing, including cross-sectional details of all components.

(iii) Details of earthworks including mounding and retaining walls and planter boxes (if applicable).

(iv) Details of the location, sizes and numbers of plants used with reference to NATSPEC (if applicable), with preference for drought resistant species.

(v) Details of the soil media/substrate type and depth.

(vi) Details of installation methodology e.g. safety considerations for working at height, location of maintenance hooks (if applicable) transport materials etc.

(vii) Details of accessible and inaccessible areas on the Green Roof. Where proposed to be inaccessible, Green Roofs are required to remain such during occupation of the property.

(viii) Details of drainage and irrigation systems, including overflow provisions and water retention cells in the drainage layer (if applicable).

(b) Prior to the commencement of works, the following details are to be submitted to LAHC:

(i) Evidence the green roof has been assessed as part of the structural certification provided for the development; and

(ii) Evidence the green roof has been assessed as part of the waterproofing certification provided for the development.

(c) All landscaping in the approved plan is to be completed prior to occupation.



(d) Prior to occupation, a maintenance plan is to be submitted to LAHC. A copy of the maintenance plan is to be kept on site at all times during construction and shall be produced to Council on request following completion. The Maintenance Manual shall include as a minimum:

(i) Frequency and methodology of different maintenance requirements including the removal of green waste.

(ii) Details of safety procedures.

(iii) Laminated copies of ‘As Built’ drawings.

(iv) Manufacturer’s contact details and copies of manufacturers’ typical details and specification;

(v) Copies of warranties and guarantees relating to all materials and plant used in construction; and

(vi) Decommissioning procedures.

(e) Inaccessible green roofs are required to remain inaccessible during occupation of the property.

(46) LANDSCAPING OF THE SITE

(a) A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted to and approved by Council’s Area Planning Manager prior to the commencement of above ground building works, provided that Council shall not unreasonably withhold such approval. The plan must include:

(i) Location of existing and proposed structures on the site including, but not limited to, existing and proposed trees, paved areas, planted areas on slab, planted areas in natural ground, lighting and other features;

(ii) Details of earthworks and soil depths including mounding and retaining walls and planter boxes (if applicable). The minimum soil depths for planting on slab must be 1000mm for trees, 450mm for shrubs and 200mm for groundcovers;

(iii) Location, numbers, type and supply of plant species, with reference to NATSPEC (if applicable);

(iv) Details of planting procedure and maintenance;

(v) Details of drainage, waterproofing and watering systems;

(vi) The design of the raised planter beds and proposed soft landscaping to the Bay Street frontage of Block D.

(vii) A tree species specified for each courtyard at the two main entries to Block D from Elger Street that will grow to approximately 12m. (This is to help visually break up the building length by way of large scale vegetation).



(b) Prior to the commencement of above ground building works, a maintenance plan is to be submitted to LAHC and a copy submitted to Council. The maintenance plan is to be complied with during occupation of the property.

(c) All landscaping in the approved plan is to be completed prior to occupation.

(47) MECHANICAL VENTILATION

(a) The premises must be ventilated in accordance with the Building Code of Australia and AS1668.1 and AS1668.2.

(b) Details of any mechanical ventilation and/or air conditioning system complying with AS1668.1 and AS1668.2, the Building Code of Australia and relevant Australian Standards must be prepared by a suitably qualified person and certified in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, and submitted to LAHC prior to commencement of construction.

(c) Prior to occupation and following the completion, installation, and testing of all the mechanical ventilation systems, a Mechanical Ventilation Certificate of Completion and Performance in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, must be submitted to LAHC.

(48) ALIGNMENT LEVELS – MAJOR DEVELOPMENT

(a) Proposed building floor levels, basement levels, basement car park entry levels and ground levels shown on the approved Development Application plans are indicative only and have not been approved by this consent.

(b) Prior to any excavation, civil construction, drainage or building work (whichever is earlier), excluding approved preparatory or demolition work, alignment levels for the building and site frontages must be submitted to and approved by Council. The submission must be prepared by a Registered Surveyor, must be in accordance with the City of Sydney's Public Domain Manual and must be submitted with a completed Alignment Levels checklist (available in the Public Domain Manual) and Footpath Levels and Gradients Approval Application form (available on the City’s website).

(c) These alignment levels, as approved by Council, are to be incorporated into the plans for any civil, drainage and public domain work as applicable under this consent. If the proposed detailed design of the public domain requires changes to any previously approved Alignment Levels, then an amended Alignment Levels submission must be submitted to and approved by Council to reflect these changes prior to works commencing on site.

(49) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN

Prior to works commencing on site, a photographic recording of the public domain site frontages is to be prepared and submitted to Council.



The recording must include clear images of the building facade adjoining the footpath, the footpath, nature strip, kerb and gutter, driveway crossovers and laybacks, kerb ramps, road carriageway, street trees and plantings, parking restriction and traffic signs, and all other existing infrastructure along the street.

The form of the recording is to be as follows:-

(a) A PDF format report containing all images at a scale that clearly demonstrates the existing site conditions;

(b) Each image is to be labelled to identify the elements depicted, the direction that the image is viewed towards, and include the name of the relevant street frontage;

(c) Each image is to be numbered and cross referenced to a site location plan;

(d) A summary report, prepared by a suitable qualified professional, must be submitted in conjunction with the images detailing the project description, identifying any apparent existing defects, detailing the date and authorship of the photographic record, the method of documentation and limitations of the photographic record;

(e) Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive license to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.

Any damage to the public way including trees, footpaths, kerbs, gutters, road carriageway and the like must immediately be made safe and functional by the applicant. Damage must be fully rectified by the applicant in accordance with the City’s standards prior to a Certificate of Completion being issued for Public Domain Works or before occupation of the development, whichever is earlier.

(50) PRESERVATION OF SURVEY MARKS

All works in City streets must ensure the preservation of existing permanent survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a cast iron box). At least forty-eight hours prior to the commencement of any works in the public way within 1 metre of a permanent survey mark contact must be made with the City's Project Manager Survey / Design Services to arrange for the recovery of the mark.

Prior to works commencing on site, a survey plan, clearly showing the location of all permanent survey marks fronting the site and within 5 metres on each side of the frontages must be submitted to Council.

At least forty-eight hours prior to the commencement of any works in the public way within 1 metre of a permanent survey mark contact must be made with the City’s Senior Surveyor to arrange for the recovery of the mark.



A fee must be paid to the Council for the replacement of any permanent survey mark removed or damaged in accordance with the City's Schedule of Fees and Charges (Reinstatement of Survey Box).

(51) PROTECTION OF SURVEY INFRASTRUCTURE

Prior to the commencement of any work on site, a statement prepared by a Surveyor registered under the Surveying Act 2002 must be submitted to Council verifying that a survey has been carried out in accordance with the Surveyor General’s Direction No. 11 – Reservation of Survey Infrastructure. Any Permanent Marks proposed to be or have been destroyed must be replaced, and a "Plan of Survey Information" must be lodged at the Land and Property Management Authority.

Reason: To ensure that the survey control infrastructure and cadastral framework are preserved for the public benefit and in accordance with the Surveying Act 2002.

(52) PUBLIC DOMAIN PLAN

(a) A detailed Public Domain Plan for the frontage of Block D on Bay Street only (from the end of the kerb extension to the property boundary), must be prepared by a suitably qualified architect, urban designer, landscape architect or engineer and must be lodged with Council’s Public Domain Section and be approved by Council prior to public domain work or above ground building work, whichever is later, provided that Council shall not unreasonably withhold such approval. The Public Domain Plan must be submitted with a completed Public Domain Plan checklist (available in the City of Sydney’s Public Domain Manual).

(b) The Public Domain Plan, only required for the frontage of Block D on Bay Street, must document all works required to ensure that the public domain complies with the City of Sydney’s Public Domain Manual, Sydney Streets Design Code and Sydney Streets Technical Specification, including requirements for road pavement, traffic measures, footway pavement, kerb and gutter, drainage, vehicle crossovers, pedestrian ramps, lighting, street trees and landscaping, signage and other public domain elements. If an Alignment Levels condition applies to the development, the Public Domain Plan submission must incorporate the approved Alignment Levels. If the proposed detailed design of the public domain requires changes to any previously approved Alignment Levels, then an amended Alignment Levels submission must be submitted to and approved by Council to reflect these changes prior to any public domain work.

(c) The works to the public domain for the frontage of Block D on Bay Street only are to be completed in accordance with the approved Public Domain Plan and Alignment Levels plans and the Public Domain Manual before occupation or before the use commences, whichever is earlier.



(d) A Public Domain Works Deposit will be required for the public domain works for Block D, in accordance with the City of Sydney’s adopted fees and charges and the Public Domain Manual. The Public Domain Works Deposit must be paid by the Contractor and submitted as an unconditional bank guarantee in favour of Council as security for completion of the obligations under this consent.

(e) Council's Public Domain section must be contacted to determine the guarantee amount prior to lodgement of the guarantee. The guarantee must be lodged with Council prior to works commencing on site for Block D.

(f) The Bank Guarantee will be retained in full until all Public Domain works for Block D are completed and the required certifications, warranties and works-as-executed documentation are submitted and approved by Council in writing. On satisfying the above requirements, 90% of the total securities will be released. The remaining 10% will be retained for the duration of the specified Defects Liability Period.

(53) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER

(a) Prior to any public domain work, including civil, drainage and subsurface works, a set of hold points for approved public domain, civil and drainage work is to be determined with and approved by the City's Public Domain section in accordance with the City of Sydney's Public Domain Manual and Sydney Streets Technical Specification.

(b) Prior to a Certificate of Completion being issued for public domain works and before occupation of the development or before the use commences, whichever is earlier, electronic works-as-executed (as-built) plans and documentation, certified by a suitably qualified, independent professional must be submitted to and accepted by Council for all public domain works. Completion and handover of the constructed public domain works must be undertaken in accordance with the City of Sydney's Public Domain Manual and Sydney Streets Technical Specification, including requirements for as-built documentation, certification, warranties and the defects liability period.

(54) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT

(a) Prior to any excavation, civil construction, drainage or building work (whichever is earlier), excluding approved preparatory or demolition work, details of the proposed stormwater disposal and drainage from the development in accordance with Council’s standard requirements and details of the provision and maintenance of overland flow paths must be submitted to and approved by Council. All approved details for the disposal of stormwater and drainage are to be implemented in the development.

(b) Any proposed connection to the Council's underground drainage system will require the owner to enter into a Deed of Agreement with the Council and obtain registration on Title of a Positive Covenant prior to commencement of works for public domain works or above ground building works, whichever is earlier, and prior to the commencement of any work within the public way.



Note:

(i) Contact Council's Legal Unit prior to the drafting of the positive covenant.

(c) An "Application for Approval of Stormwater Drainage Connections" must be submitted to the Council with the appropriate fee at the time of lodgement of the proposal for connection of stormwater to the Council's drainage system.

(d) Prior to a commencement of any excavation, civil construction, drainage or building work (whichever is earlier), but excluding approved preparatory or demolition work, a stormwater quality assessment must be undertaken and must be approved by Council.

The stormwater quality assessment must:

(i) be prepared by a suitably qualified drainage engineer with experience in Water Sensitive Urban Design;

(ii) use modelling from an industry-standard water quality model; and

(iii) demonstrate what water sensitive urban design and other drainage measures will be used to ensure that the development will achieve the following post-development pollutant loads:

a. reduce the baseline annual pollutant load for litter and vegetation larger than 5mm by 90%;

b. reduce the baseline annual pollutant load for total suspended solids by 85%;

c. reduce the baseline annual pollutant load for total phosphorous by 65%;

d. reduce the baseline annual pollutant load for total nitrogen by 45%.

(e) Prior to occupation, maintenance schedules of the proposed water sensitive urban design and drainage measures must be submitted to LAHC and a copy provided to Council.

(55) GROUNDWATER

In the event the proposal results in an increase in excavation, or greater than expected groundwater inflows to those projected in the geotechnical investigations report prepared by Douglas Partners (Ref: 45893.02 dated August 2010), the NSW Department of Primary Industries - Water is to be notified and any necessary authorisations under water management legislation obtained.



(56) DEFECTS LIABILITY PERIOD – PUBLIC DOMAIN WORKS

All works to the City’s public domain for Blocks B & D, including rectification of identified defects, are subject to a 12 month defects liability period from the date of final completion. The date of final completion will be nominated by Council on the Certificate of Completion for public domain works.

(57) DRAINAGE AND SERVICE PIT LIDS

Drainage and service pit lids throughout the public domain shall be heelguard and bicycle safe, finish flush with the adjacent pavement to avoid trip hazards and be clear of obstructions for easy opening and cleaning. Pit lids shall be in accordance with the City of Sydney’s Sydney Streets Design Code and Sydney Streets Technical Specification. Details of drainage and service pit lids shall be submitted and approved by Council prior to works commencing on site for the relevant stage of work.

(58) PROTECTION OF STONE KERBS

(a) The existing stone kerbs on the Stirling and Bay Street frontages of the site are to be retained and properly protected during excavation and construction works.

(b) To avoid damage to stone kerbs during excavation and construction works for the development, temporary removal and storage of the stone kerbs will occur in consultation with Council. Removed, serviceable stone kerbs (i.e. those that are in good condition as agreed by Council officers) must be re-installed in accordance with the City of Sydney’s standard details and specifications after the construction works have been completed.

Note:

(i) A temporary concrete kerb will need to be constructed to retain the footpath until the stone kerbs can be reinstalled. The removed stone kerbs are to be reinstalled prior to occupation.

(ii) All costs associated with the works are to be at no cost to the Council.

(c) Damaged kerbs are to be replaced to match existing or as otherwise advised by Council officers.

(d) Where new crossings or temporary crossings are to be constructed to access the property, the affected kerb stones should be salvaged and reused wherever possible.

(e) All new driveway laybacks and kerbs are to be constructed with stone kerbs to match existing stones or as specified by City officers. All unused stone kerbs are to be salvaged and returned to the City’s store.

(f) Council approval is required before kerbs are removed.

(g) Council approval is required prior to the cutting of existing stone kerbs for stormwater kerb outlets.



(59) PUBLIC DOMAIN DAMAGE DEPOSIT

A Public Domain Damage Deposit calculated on the basis of:

(a) 91 lineal metres of asphalt site frontage for Building B; and

(b) 101 lineal metres of asphalt site frontage for Building D

must be lodged with Council prior to an approval for demolition being granted or commencement of construction. The Public Domain Damage Deposit is to be paid by the Contractor in accordance with the City of Sydney’s adopted Schedule of Fees and Charges. The Public Domain Damage Deposit must be submitted as an unconditional bank guarantee in favour of Council as security for repairing any damage to the public domain in the vicinity of the site.

The Bank Guarantee will be retained in full until occupation and any rectification works to the footway and Public Domain are completed to Council’s satisfaction. On satisfying the above requirements 90% of the total securities will be released, with the remaining 10% to be retained for the duration of the 12 months Defect Liability Period.

(60) TACTILE GROUND SURFACE INDICATORS AND HANDRAILS

All tactile ground surface indicators, handrails and other elements required to provide access into the building / property must be located entirely within the private property boundary.

(61) DEDICATION OF ROADS

Prior to occupation of the development, the owner of the site must dedicate to the public as road, free of cost to Council, the roads referred to in the plans accompanying the application as “Stirling Street”, “Elger Street”, as detailed in plans by Family & Community Services project no. 4399-00 Revision A02 dated 05/04/16.

(62) CLOSURE OF REDUNDANT COMPONENTS OF ELGER STREET

Prior to occupation of any component of the development, the owner of the site must arrange for the closure of the redundant components of Elger Street, located around the existing cul-de-sac head, free of cost to Council.

Note:

(a) Due to the timeframes associated with the road closure process, it may be advisable to carry out the subdivision in two stages. The first stage of the subdivision could commence prior to construction, with the sites of the future road dedications created as lots, together with the road closure of the redundant components of Elger Street. When the roadworks are complete, the second stage plan could be prepared, dedicating lots to the public as road, and minimising the risk of the road closure delaying occupation.



(63) RELEASE OF EASEMENT

The easement for electricity and other purposes 13m wide and variable created by transfer AK241432V and affecting the subject property shall be released prior to, or in conjunction with, the dedication of Stirling Street to the public as road. It is recommended that a draft Section 88B instrument, with the release contained in Schedule 1A, be provided to Ausgrid for their consideration at an early stage.

(64) COMPLETION OF PUBLIC DOMAIN WORKS

Prior to Occupation, the public domain works associated with the construction of Elger Street and Stirling Street are to be completed in accordance with the requirements of, and to the satisfaction of, Council.

(65) SECTION 138 APPROVAL

Prior to the commencement of any work within the existing public way, a separate application is to be made to Council to obtain approval under Section 138 of the Roads Act 1993.

(66) SURVEY

(a) AT FOUNDATION STAGE - All footings and walls adjacent to a boundary must be set out by a registered surveyor. Upon commencement of blockwork or wall construction for the basements a survey and report must be submitted to LAHC indicating the position of external walls in relation to the boundaries of the allotments. Any encroachments of the subject building or associated structures over any boundaries must be removed prior to continuation of building construction work, or alternatively a letter supplied from the registered proprietor(s) of the adjoining lot(s) confirming that they are aware of the nature & extent of the encroachment, and undertaking to execute all necessary documentation to permit the creation of an easement to permit the encroachment to remain.

(b) DURING CONSTRUCTION - A survey of the formwork for the concrete slab at each floor level, showing its position in relation to the site boundaries with clearly annotated offsets, must be carried out prior to concrete pour, and supplied to LAHC.

(c) AT COMPLETION - Prior to occupation - A Final Identification Survey prepared by a Surveyor registered under the Surveying & Spatial Information Act, 2002 must be submitted at the completion of the building work certifying the location of the building in relation to the boundaries of the allotment, and showing its position with clearly annotated offsets. Any encroachments of the building over the side boundaries must be removed, or alternatively appropriate easements under Section 88B of the Conveyancing Act, 1919, with terms to the satisfaction of Council, must be provided. Easements burdening proposed or existing roads are not permitted.



(67) TREE PROTECTION DURING CONSTRUCTION

(a) All trees adjacent to the southern boundary within 81-83 Bay Street and 7 Queen Street must be retained and protected in accordance with the Australian Standard 4970-2009 ‘Protection of trees on development sites’.

(b) Any works (including excavation, construction and landscaping) located within 6 metres of the southern boundary must be undertaken under the direct supervision a Project Arborist who holds the Diploma in Horticulture (Arboriculture), Level 5 under the Australian Qualification Framework.

(c) Any works (including excavation, construction and landscaping) located within 6 metres of the southern boundary must be undertaken in accordance with all directions given by the Project Arborist.

(d) A quarterly Arboricultural Compliance Statement prepared by the Project Arborist must be submitted to Council’s Area Planning Manger detailing the health and condition of all trees adjacent to the southern boundary. The statement must also detail any works that have occurred within 6 metres of the southern boundary and include evidence that the trees are being protected in accordance with AS4970-2009.

(68) ELECTRICITY SUBSTATION

If required by the applicable energy supplier, the owner must dedicate to the applicable energy supplier, free of cost, an area of land within the development site, but not in any landscaped area or in any area visible from the public domain, to enable an electricity substation to be installed. The size and location of the substation is to be submitted for approval of Council and Energy Australia, prior to works commencing on site.

(69) UTILITY SERVICES

To ensure that utility authorities are advised of the development:

(a) Prior to works commencing on site a survey is to be carried out of all utility services within and adjacent to the site including relevant information from utility authorities and excavation if necessary, to determine the position and level of services.

(b) Prior to the commencement of work the applicant is to obtain written approval from the utility authorities (e.g. Energy Australia, Sydney Water, and Telecommunications Carriers) in connection with the relocation and/or adjustment of the services affected by the construction of the underground structure. Any costs in the relocation, adjustment or support of services are to be the responsibility of the developer.



(70) WASTE AND RECYCLING MANAGEMENT – RESIDENTIAL

(a) A Waste Management Plan is to be submitted to and approved by Council’s Area Planning Manager prior to the commencement of construction works associated with Blocks B and D, provided that Council shall not unreasonably withhold such approval. The plan must comply with the Council's Policy for Waste Minimisation in New Developments 2005. All requirements of the approved Waste Management Plan must be implemented during construction of the development.

(b) The building must incorporate designated areas or separate garbage rooms constructed in accordance with Council’s Policy for Waste Minimisation in New Developments 2005, to facilitate the separation of commercial waste and recycling from residential waste and recycling.

UPON COMPLETION OF THE DEVELOPMENT

(c) Prior to occupation or the use commencing, whichever is earlier, LAHC must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.

SCHEDULE 1C

During Construction/Prior to Occupation/Completion

(71) BASIX

All commitments listed in each relevant BASIX Certificate for the development must be fulfilled prior to occupation.

(72) HOURS OF WORK AND NOISE – OUTSIDE CBD

The hours of construction and work on the development must be as follows:

(a) All work, including building/demolition and excavation work, and activities in the vicinity of the site generating noise associated with preparation for the commencement of work (e.g. loading and unloading of goods, transferring of tools etc.) in connection with the proposed development must only be carried out between the hours of 7.30am and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm on Saturdays, with safety inspections being permitted at 7.00am on work days, and no work must be carried out on Sundays or public holidays.

(b) All work, including demolition, excavation and building work must comply with the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436 - 2010 Guide to Noise Control on Construction, Maintenance and Demolition Sites.

Note: Works may be undertaken outside of hours, where it is required to avoid the loss of life, damage to property, to prevent environmental harm and/or to avoid structural damage to the building. Written approval must be given by the Construction Regulation Unit, prior to works proceeding



The City of Sydney Code of Practice for Construction Hours/Noise 1992 allows extended working hours subject to the approval of an application in accordance with the Code and under Section 96 of the Environmental Planning and Assessment Act 1979.

(73) ACCESS DRIVEWAYS TO BE CONSTRUCTED

Approved driveways are to be constructed for all vehicular access to the construction site in accordance with the requirements of Council’s “Driveway Specifications”.

(74) COVERING OF LOADS

All vehicles involved in the excavation and/or demolition process and departing the property with demolition materials, spoil or loose matter must have their loads fully covered before entering the public roadway.

(75) HAZARDOUS AND INDUSTRIAL WASTE

Hazardous and/or industrial waste arising from the demolition/operational activities must be removed and/or transported in accordance with the requirements of the NSW Work Cover Authority pursuant to the provisions of the following:

(a) Protection of the Environment Operations Act 1997

(b) Protection of the Environment Operations (Waste) Regulation 2005

(c) Waste Avoidance and Resource Recovery Act 2001

(d) Work Health and Safety Act 2011

(e) Work Health and Safety Regulation 2011.

(76) VEHICLE CLEANSING

Prior to the commencement of work, suitable measures are to be implemented to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site. It is an offence to allow, permit or cause materials to pollute or be placed in a position from which they may pollute waters.

(77) LOADING AND UNLOADING DURING CONSTRUCTION

The following requirements apply:

(a) All loading and unloading associated with construction activity must be accommodated on site.

(b) If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council.



(c) A Works Zone may be required if loading and unloading is not possible on site. If a Works Zone is warranted an application must be made to Council at least 8 weeks prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need for the site for such facilities at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.

(d) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.

(e) The structural design of the building must allow the basement and/or the ground floor to be used as a loading and unloading area for the construction of the remainder of the development.

(f) Where hoisting activity over the public place is proposed to be undertaken including hoisting from a Works Zone, a separate approval under Section 68 of the Local Government Act 1993 must be obtained.

(78) NO OBSTRUCTION OF PUBLIC WAY

The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.

(79) USE OF MOBILE CRANES

The following requirements apply:

(a) Mobile cranes operating from the road must not be used as a method of demolishing or constructing a building.

(b) For special operations including the delivery of materials, hoisting of plant and equipment and erection and dismantling of on site tower cranes which warrant the on-street use of mobile cranes, permits must be obtained from Council for the use of a mobile crane. The permits must be obtained 48 hours beforehand for partial road closures which, in the opinion of Council will create minimal traffic disruptions and 4 weeks beforehand in the case of full road closures and partial road closures which, in the opinion of Council, will create significant traffic disruptions.

(c) Special operations and the use of mobile cranes must comply with the approved hours of construction. Mobile cranes must not be delivered to the site prior to 7.30am without the prior approval of Council.

SCHEDULE 2

The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.



BACKGROUND

The Site and Surrounding Development

1. The site is part of land described by Council as the Glebe Affordable Housing Project (GAHP), which is located on the western side of Bay Street (Figure 1) in the block bounded by Wentworth Street, Bay Street and Cowper Street. The southern boundary is shared with private properties that front on to Queen Street. The total area of the GAHP site (including a current Ausgrid substation property fronting Bay Street and the former Elger and Stirling Street road reserves) is 15,944m2.

Figure 1: Aerial image of the “Glebe Affordable Housing Project” site (outlined in black).

2. The land subject to this development application involves part of the land within the GAHP site currently legally described as Lot 9 in DP 1195829 (owned by NSW LAHC) and Lot 2 DP 89872 (currently owned by Ausgrid and occupied by an electricity substation at No. 83 Bay Street). (Figure 2).



Figure 2: Aerial image of the subject site as legally defined.

3. Although not forming part of this application, it should be noted that the GAHP site is proposed to be re-subdivided to reflect the various components of the entire development, namely the social housing, affordable housing, market housing and roads. To this end the NSW Land and Housing Corporation (LAHC) has prepared a draft plan of subdivision (Figure 3), which has yet to be approved and registered.

4. Under the auspice of this future subdivision, the land subject to this development will comprise two separate parcels, known as proposed Lots 13 and 14.

5. Proposed Lot 13 is located on the north east corner of Stirling Street and Elger Street (both currently under construction). It has a total area of 1,282m2 and frontages to Elger Street and Stirling Street of 56.121m and 30.615m respectively.

6. Proposed Lot 14 is located on the southern side of Elger Street, at the corner of Bay Street. It has a total area of 2,850m2 and frontages of 89.705m to Elger Street and 28.029m to Bay Street.

Substation



Figure 3: Draft plan of subdivision yet to be approved or registered. Proposed Lots 13 and 14 (outlined in red) include the areas of Block B and Block D respectively which are the subject of

this application.

7. The GAHP land broadly slopes from the south down towards the north, with the area of greatest elevation near the south western boundary. From this point, the land falls by approx. 9 metres to the corner of Bay and Wentworth Streets (north eastern corner). A centralised ridge running south to north, results in the land also sloping towards the north western corner (Cowper and Wentworth Streets).

8. The site was previously occupied by a public housing development comprising 15 separate apartment buildings constructed in the 1950s and 1960s, and a total of 134 dwellings. All were demolished and site remediation initiated in accordance with development consent D/2010/2114.

9. The site is devoid of vegetation, with civil works currently underway in the reconstruction of Elger Street and Stirling Street. Elger Street has been extended to provide a new connection through the site between Bay Street and Cowper Street. Stirling Street has been repositioned eastward, such that its intersection with Wentworth Street aligns with a new pedestrian through site link to Wentworth Park, which is to be established through the development of 87 Bay Street to the north.

10. The subject site is not a heritage item but is located immediately to the east of properties within the St Phillips Conservation Area (C32) and immediately north of properties within the Hughes Conservation Area (C30). The Mountain Street Conservation Area (C68) is located to the south east of the site.

11. Images of the site (taken 22 February 2016) are provided in Figures 4 - 12 below.



Figure 4: View from Bay Street looking west along the southern boundary (white dashed line) of

the site.

Figure 5: View from Bay Street looking west along the new extension of Elger Street. The

Ausgrid substation to be decommissioned on Lot 2 DP 89872, in the left of image.



Figure 6: View from Bay Street looking south-west towards the site.

Figure 7: View from the new Elger Street extension looking north-west at proposed Lot 13 (the

site of proposed Block B).



Figure 8: View from the new Elger Street extension looking east. Proposed Lot 13 to the left of

the image (the site of proposed Block B). Proposed Lot 14 (the site of proposed Block D) is to the right of the kerb in the right hand side of the image.

Figure 9: View from the new Elger Street extension looking south-west at proposed Lot 14 (the

site of proposed Block D).



Figure 10: View from the new Elger Street extension looking south-east at proposed Lot 14 (the

site of proposed Block D).

Figure 11: View from the new Stirling Street extension looking south towards the intersection with

Elger Street. Proposed Lot 13 (the site of proposed Block B) is in the left of the image.



12. To the north of the site occupying the block bounded by Wentworth Park Road, Wentworth Street, Bay Street and Cowper Street are low rise industrial warehouse buildings. These buildings are currently being demolished in two stages for the construction of a mixed use commercial and residential development known as “Mezzo”. Further to the north is the public reserve of Wentworth Park

13. To the east of the site, immediately across Bay Street, is a City of Sydney works depot building.

14. To the south east of the site are a variety of residential and commercial buildings of various scales from terrace houses to residential flat buildings. To the immediate south of the site are several rows of low scale residential terraces with frontage to Queen Street. Further south, approximately 200 metres from the site, is the Broadway shopping centre.

15. To the west of the proposed development are the sites of future “market housing” within the GAHP site, for which no detailed development application has been received at the time of writing this report. Further to the west, on the opposite side of Cowper Street, are predominately low scale one and two storey residential terraces, and approximately 200m to the north-east a Housing NSW 13 storey development known as the “John Byrne Court” residential building.

16. Photos of surrounding development are provided below in Figure 12.



Figure 12: A – City of Sydney Bay Street Depot; B – City of Sydney Bay Street Depot; C - Kerrie Murphy Building, IGS, 1-3 McArthur Street opposite the site; D – 87 Bay Street to be demolished as part of “Mezzo” apartments development, E – Southern end of Queen Street viewed from Bay Street; F – Existing residential development on Queen street (81 Bay Street); G – rear of 81 Bay

Street and existing vegetation on the subject site, viewed from the Bay Street frontage of the subject site; H – Cowper Street terraces to the west of the site.

PROPOSAL

17. The Crown application by LAHC seeks to provide “Social Housing”. The LAHC define Social Housing as:

“rental housing provided by not-for-profit, non-government or government organisations to assist people who are unable to access suitable accommodation in the private rental market. Social housing includes public, Aboriginal and community housing, as well as other services and products”.

(Source NSW LAHC – Future Directions)

18. It should be noted that as a Crown development application, Council cannot refuse the application without the approval of the Minister, nor can conditions be imposed without the agreement of the applicant or the Minister.

19. The application states that the apartments are designed primarily to meet the needs of elderly tenants.

20. The proposal, as notified, sought approval for:



excavation and bulk earthworks;

the construction of a part 5 / part 6 storey residential flat building (Block B), comprising a total of 48 apartments (41 x one bedroom and 7 x two bedroom) and a 115m2 Community Room located on the ground floor overlooking the northern communal open space;

construction of a residential flat building known as Block D which is a part 6 / part 9 storey building containing a total of 111 apartments (87 one bedroom and 24 two bedroom) and includes a 144m2 Community Room at ground floor;

communal open space and associated landscape treatment within the lot boundaries of both buildings;

civil works and utility service connections; and

external materials and finishes palette.

21. Despite the application stating it includes civil works, the construction of Stirling Street, the extension to Elger Street, and associated public domain works were approved under the Part 5 approval of LAHC on 16 September 2014 (see Development History below), such that no civil works are considered as part of this application.

22. At a meeting 3 March 2016 between the applicant and Council officers, and in follow-up correspondence, concerns were raised with respect to:

the massing of Proposed Block D and relationship to neighbouring residential development to the south on Queen Street;

the assessment of solar access to neighbouring properties and communal open spaces;

the external treatments, finishes, and lack of contextual relationship of the buildings;

the limited number of ground floor entries to the buildings, their design and poor relationship of the buildings with the public domain;

waste management arrangements;

provision of bicycle parking; and

confirmation that site contamination has been/will be appropriately addressed.

23. On 6 April 2016, amended plans and details were submitted seeking to address the concerns raised.

24. The amendments result in a reduction in the GFA of Block D by 110m2, with a reduction of the number of apartments by 1 and a change in the unit mix. A total of 110 apartments are now proposed in Block D (90 one bedroom and 20 two bedroom units), resulting in a total of 158 apartments for the entire proposal.



25. The amendments reduce the bulk and scale of the southern portion of Block D, by repositioning the stairwells, altering the apartment configurations and the external finishes. A 3m setback from Bay Street was adopted for the building above the maximum 8 storeys street edge (as per the provisions of GAHP DCP 2011).

26. External treatments were amended to include an increase in face brick; replacement of glass balustrades with metal fin and perforated metal screens; changes in external colours to create recessive elements and break up the scale of Block D; panels and false windows to the southern elevation of Block D which is prominent to Bay Street; and the adoption of glazed bricks, raised planters, and decorative screens to enhance the streetscape and relationship with the public domain.

27. Of the 158 residential units, a total of 24 adaptable units are proposed (Block B - 7 units (14.6%), Block D - 16 units (14.5%))

28. Pedestrian access to the site will be via Elger and Stirling Streets. The main building pedestrian entry for Building B is proposed to be located along Elger Street with a secondary pedestrian access located on Stirling Street. Two pedestrian entry positions on Elger Street are proposed for Block D.

29. Terraces and balconies are proposed to 100% of the apartments.

30. Communal open space is proposed for both Block B and Block D in the form of landscaped paths, and paved courtyards and seated areas at ground floor, and roof gardens.

31. No vehicle access or on-site car parking is proposed as part of this development. It is noted that on-street parking will be available within the Elger and Stirling Street road reserves, as contemplated by the Stage 1 Concept Plan (D/2013/412).

32. Visitor bicycle parking is proposed near each of the pedestrian entries to Block D and off the ground floor corridor of Block B. Proposed storage spaces in Block B and Block D are sufficient to provide storage of a bicycle in 21 of the 48, and 46 of the 110 apartments, respectively.

33. Waste collection is proposed from Elger Street via on-street loading zones.

34. In a letter dated 14 April 2016, the applicant confirmed that the application includes demolition of the existing electricity substation at 83 Bay Street, following its decommissioning and acquisition of the site from Ausgrid.

35. Photomontages and images of the model of the proposal are provided below (Figures 13 – 19). A full set of architectural plans are provided in Attachment A.



Figure 13: Photomontage of Block D northern elevation.

Figure 14a: Photomontage viewed from the intersection of Bay Street and Elger Street looking west. Block D is in the left and centre of image and Block B in the right of image.

Figure 14b: Photomontage of the eastern Elger Street entrance to Block D



Figure 15: Photomontage of the Elger Street and Stirling Street intersection looking east

Figure 16: Photomontage of the view from Bay Street looking north



Figure 17: Model (as lodged) looking from above Bay Street and Queen Street intersection towards the north-west. The subject Block ‘D’ and Block ‘B’ in centre of image. The surrounding building envelopes in grey (with the exception of that marked 87 Bay Street) comprise the remainder of the GAHP building envelopes approved under D/2013/41.

Figure 18: Model (as lodged) looking from above the Bay Street and Wentworth Park Road intersection towards the south-west, proposed Block ‘D’ and Block ‘B’ marked. The surrounding building envelopes in grey (with the exception of that marked 87 Bay Street) comprise the remainder of the GAHP building envelopes approved under D/2013/412.



Figure 19: Model (as lodged) looking from above the Bay Street towards the south-west, proposed Block ‘D’ and Block ‘B’ marked. The surrounding building envelopes in grey comprise the remainder of the GAHP building envelopes approved under D/2013/412.

HISTORY RELEVANT TO THE DEVELOPMENT APPLICATION

36. The GAHP, a joint initiative with Council and Housing NSW was first conceived as part of Sustainable Sydney 2030.

37. On 28 April 2008, the Lord Mayor of Sydney and the NSW Minister for Housing signed a Memorandum of Understanding to commence the Glebe Affordable Housing Project.

38. They agreed to investigate the potential of redeveloping land in Glebe and Ultimo, to increase the supply of affordable housing in the City through redevelopment that incorporates a mixture of social, affordable and market housing. Two sites were identified; the first site comprising the subject site owned by Housing NSW, and the second site the City of Sydney Council depot site on Bay Street.

39. In order to utilise currently available Commonwealth and NSW Government funding, Housing NSW progressed design, feasibility and technical studies for their site. On 27 May and 31 May 2010, respectively, the Central Sydney Planning Committee and Council endorsed:

“Planning Proposal” Sydney Local Environmental Plan (LEP) 2010 – Glebe Affordable Housing Project” for public authority and community consultation; and

“Draft Sydney Development Control Plan (DCP) 2010 - Glebe Affordable Housing Project” for public exhibition.



40. On 1 July 2011, the Local Environmental Plan (Glebe Affordable Housing Project) 2011 and the Sydney Development Control Plan 2011 - Glebe Affordable Housing Project commenced operation. These plans varied the draft controls to reflect revised concept plans lodged by Housing NSW. These site specific LEP and DCP controls remain in force.

41. The relevant DA history is as follows:

D/2010/2114 (approved 7 March 2011) - Full demolition of all 15 existing residential flat buildings, removal of existing trees and remediation of the site associated with the Glebe Affordable Housing Project;

D/2011/803 (withdrawn 2 August 2011) - Demolition of Elger Street, remediation of ground beneath Elger Street and sub-division of the entire site;

D/2011/1245 (approved 1 December 2011 – surrendered 1 December 2015) - Stage 1 Development Application for the Glebe Affordable Housing Project (GAHP). Concept plans were submitted detailing 6 building envelopes, between 6 and 10 storeys comprising a total of 493 units (250 market dwellings,153 social, 90 affordable) approximately 504sqm of retail space and basement parking for 175 cars. Public domain works include the extension of Elger Street, the relocation of Stirling Street and the creation of a park fronting Elger Street.

D/2011/1650 (withdrawn 19 December 2011) - Demolition of Elger Street, remediation of ground beneath Elger Street and sub-division of the entire site; and

D/2013/412 (approved 8 August 2013) Revised Stage 1 Development Application - Concept Proposal for the Glebe Affordable Housing Project bounded by Wentworth Street, Bay Street, Cowper Street and the rear boundary of properties fronting onto Queen Street. The proposal comprises 6 building envelopes between 2 and 10 storeys and a total of 495 dwellings consisting of approximately 153 social, 95 affordable and 247 market dwellings; and basement parking for 175 cars accessed from Elger and Wentworth Streets. Public domain works include the extension of Elger St, the relocation of Stirling St and the creation of a park on Elger Street.

42. On 16 September 2014, under delegated authority of the Land and Housing Corporation’s (LAHC) General Manager Strategy, approval was provided for an activity comprising subdivision of land and creation of roads under Part 5 of the EP&A Act. The approval was to support the progression of works under the Stage 1 approval D/2013/412. The works including bulk earthworks, construction of stormwater and drainage, road works including the realignment of Stirling Street and extension of Elger Street to Bay Street, Public domain works and landscaping, and utility services.

43. D/2015/573 (approved 29 June 2015) provided consent for the removal of 13 street trees, 5 in Cowper Street and 8 in Wentworth Street.

Proposed Section 96(2) Modification – D/2013/412/A

44. On 18 December 2015, the LAHC lodged a Section 96(2) modification application to the Stage 1 approval D/2013/412. The proposed modifications seek:



a redistribution of GFA from Block B to Block D;

amendment of the affordable housing building envelope (B1/B2); and

an amendment to the wording of Condition 1 in relation to height to facilitate service/maintenance access to the roof.

45. An addendum to this application was received on 7 April 2016 to include the following:

proposed amendment to the approved height in storeys plan to reflect the proposed detailed design, including for:

(i) Block B a relocation in the footprint position of the division between 5 and 6 storeys; and

(ii) Block D a reduction in the 10 storey envelope to 9 storeys, and extensions to the footprints of the 8 storey, and new 9 storey portions of the envelope.

46. The modification application is the subject of a separate report to be considered by the Central Sydney Planning Committee (CSPC) on 23 June 2016.

47. The impacts of this modification are discussed in more detail in the assessment tables and Issues Section of this report.

48. If Council resolves to approve the subject application, the resolution of Council will be dependent on the approval of D/2013/412/A by the CSPC.

ECONOMIC/SOCIAL/ENVIRONMENTAL IMPACTS

49. The application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979, including consideration of the following matters:

Environmental Planning Instruments and DCPs.

State Environmental Planning Policy No 55—Remediation of Land

50. The aim of SEPP 55 is to ensure that a change of land use will not increase the risk to health, particularly in circumstances where a more sensitive land use is proposed.

51. As mentioned above, D/2010/2114 included demolition of the existing buildings and remediation of the entire GAHP site. A phase 2 Contamination Assessment and Remediation Action Plan (RAP) was prepared to accompany that application. Much of the remediation works recommended in the RAP were completed in 2011. However, areas of contamination under the existing Elger Street and Stirling Street, and along the southern boundary of the subject site, had not been remediated when a validation report was prepared in February 2012. The validation report recommended that an Environmental Management Plan be prepared to manage potential risks to on-site receptors where fill material remained on the site, however this has not been completed.



52. Between 2011 and 2016 the LAHC approved a civil works contract for subdivision and infrastructure. The City’s Health and Building team were not involved in this approval. However, following review of the works completed, the City’s Health and Building Unit are now satisfied that subject to a site auditor being engaged at the completion of the civil works, that the site can be made suitable for the proposed residential use. Appropriate conditions of consent are recommended addressing the requirements for a site audit statement and compliance with any conditions of the site audit statement.

State Environmental Planning Policy No 65—Design Quality of Residential Flat Development

53. SEPP 65 provides that in determining an application for a residential flat development of three or more floors and containing four or more apartments, that the consent authority take into consideration a number of matters relating to design quality, including 10 design quality principles, discussed below:

Principle 1: Context and neighbourhood character

The site has been specifically identified through a site specific Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011 (LEP - GAHP) and Sydney Development Control Plan 2011 – Glebe Affordable Housing Project (DCP – GAHP) to facilitate the development of affordable and social housing.

Concept building plans were prepared in 2010/2011 and were reflected in the LEP (GAHP) 2011 and DCP (GAHP) 2011. The proposed detailed designs for Block B and Block D are generally consistent with these plans and the Stage 1 development consent D2013/412.

The site is located within an area undergoing a transition from a combination of light industrial, commercial and low density residential towards higher density residential uses that take advantage of the proximity to the City, education, recreation and transportation services.

In this context the proposed residential flat building for social housing is considered appropriate. Design changes have been made to improve the buildings relationship to the warehouse building typology of the area, and recommended conditions of consent, will further ensure that appropriate external materials, colours, and cosmetic design features are adopted that further enhance the compatibility with the context and history of the area.

Principle 2: Built form and scale

The larger scale building form of Block D is presented to the Bay Street frontage, responding to the main street character. A 3m setback is adopted to the upper ninth storey to ensure the streetscape retains an eight storey street edge consistent with that prescribed in the DCP (GAHP) 2011 and that prescribed for future development to the north.

To the west and south the scale reduces, to reflect the finer grain street pattern of Elger Street and Stirling Street and to assist in the relationship to the neighbouring residents along Queen Street.



The scale of the building presented to the south has been improved through amendments to relocate the stair and lift cores further from the southern boundary, and adopt a three-four storey scale at the minimum 6 setback, in addition to the linking elements of the building which are also three-four storeys, and below the 6 storey height of buildings specified for that part of the envelope in the Stage 1 approval.

Principle 3: Density

The Stage 1 development consent D/2013/412 was assessed as providing 153 social housing apartments across the subject site. However, condition 2 specifically stated that consent was not granted to the layout and number of residential units.

The proposal seeks a total of 158 apartments, which is a small increase on the Stage 1 assessment, and is attributed in part to a proposed increase of 180m2 of GFA in Block D. However, it is noted that the concurrent Stage 1 modification to D/2013/412 proposes a reduction of 290m2 of GFA from the affordable housing building envelopes of B1/B2, which are located immediately to the north of proposed Block B. If the Stage 1 modification and the subject application are approved, this will result in a minor decrease in the approved GFA across the entire GAHP site and ensure that the resulting density of the Glebe Affordable Housing site as a whole remains consistent with the density envisaged.

The sites proximity to the CBD, and the established and proposed infrastructure, public transport, community, educational and recreational facilities provides support for the density of development proposed.

Principle 4: Sustainability

BASIX certificates in accordance with the proposed architectural plans have been submitted for Block B and Block D respectively. These certificates confirm that the proposed development will meet the required targets for water and energy use and thermal comfort.

To meet ESD principles the proposal includes the use of low energy and water consumption fixtures, low water use vegetation and the provision of landscaped roofs to assist with thermal comfort, solar panels to power communal lighting and centralised hot water systems, and ceiling fans to reduce air conditioning requirements. The proposal provides in excess of minimum solar access and cross ventilation requirements.

Principle 5: Landscape

The proposal seeks to provide for Block B a communal ground floor garden area of 281m2 and deep soil zones of 292m2 (22% of proposed Lot 13). For Block D a communal ground floor garden area of 685m2 and deep soil zones of 644m2 (22% of proposed Lot 14) are proposed.



For Block B, the ground floor landscaped area is readily accessible from the communal lounge room and provides separation from the future affordable housing to the north. For Block D a landscaped path and raised planters are integrated into the building form. Sandstone seating reflecting the natural materials of the site are proposed and the majority of plants specified are from the City of Sydney indigenous plant list.

Communal roof gardens are proposed for both Block B and Block D. For Block B, a 200m2 space on Level 5 to provide a BBQ area as well as resident vegetable garden beds, and causal seating. For Block D, 122m2 and 129m2 spaces on Levels 3 and 5 respectively providing for the same uses as those for Block B. 1200mm high balustrades are proposed around the perimeter of these areas to ensure safety and appropriately screen the roof top elements.

Both Block B and Block D provide hard and soft landscaped common areas, which exceed the 25% requirement under the RFDC.

Principle 6: Amenity

Compliance with amenity controls are detailed in the below ADG table. In summary, the proposal presents an acceptable level of residential amenity for future occupants.

Principle 7: Safety

Safety and security are key considerations in apartment design and particularly in social housing developments.

The application states that the development has been designed in accordance with CPTED principles, which include secure building entries setback from the street within an entry forecourt that is open with good levels of casual surveillance, and appropriate lighting of public and private areas. A Security Management Plan will be prepared and a dedicated LAHC client service officer will oversee tenant security and maintenance for the development. Conditions of consent are recommended to require a copy of this plan to be submitted to Council.

Concerns were raised at the lack of street front activation, in particular to Bay Street, where the solid walls initially proposed present a “fortress like” appearance which may generate a perception of vulnerability disproportionate to the actual risks, and also attract graffiti.

The LAHC presented from experience a need to have limited, common and secure entry points to social housing tenancies. However, amendments were adopted to incorporate glazed bricks and raised planter beds to the Bay Street frontage, wrapping around into the Elger Street frontage of Block D. Conditions of consent are recommended to provide detailed designs and landscaping for these areas.

Principle 8: Housing diversity and social interaction

The proposed development has the following unit mix:



(i) Block B

a. 41 One Bed 85.4%

b. 7 Two Beds 14.6%

(ii) Block D

a. 90 One Bed 81.8%

b. 20 Two Beds 18.2%

The proposal does not comply with the desired maximum 45% of studio and one bed outlined in DCP (GAHP) 2011, or the maximum 75% two bedroom and minimum 10% three bedroom or larger requirements. However, the development is designed to meet the social housing needs of the LAHC, and the variation is supported and discussed in the Issues section.

The proposal has been designed to provide 23 apartments (14.55%) of the total dwellings as adaptable units.

Principle 9: Aesthetics

The proposal, as amended, utilises a variety of building heights, architectural elements, and external materials to provide visual interest. The strong use of face brick and recommended conditions of consent to address detailed designs for balustrades, decorative screens, shading structures and streetscape planters, will ensure that the buildings achieve an overall aesthetic appropriate to the historic warehouse context, but emerging character of the area

The use of a re-entrant details and raised landscape courtyards to the Elger Street frontage of Block D, breaks up the massing and help to define the pedestrian entrances to the development.

The development is considered generally acceptable when assessed against the above stated principles and the SEPP generally, which are replicated in large part within Council’s planning controls.

Apartment Design Guide

54. Clause 30 of SEPP 65 requires consideration of the Apartment Design Guide (ADG), which provides additional detail and guidance for applying the design quality principles outlined in SEPP 65 to a specific locality. Compliance with the guidelines within the ADG are addressed in the table below.




Control Compliance Comment

2E Building Depth

12-18m (glass to glass) Partial but acceptable

Block B – 11m min. to 21.5m max.

Block D – 6.5m min. to 19.5m max.

2F Building Separation

Up to four storeys (approximately 12 metres):

12m between habitable rooms / balconies

9m between habitable and non-habitable rooms

6m between non-habitable rooms

Partial but acceptable

The proposal generally complies with the height of building plan approved in D/2013/412.

At the western end of Block D, requested amendments sought the deletion of a truncation to the Level 1 and Level 2 balconies and removal of a round column which were considered incompatible with the overall design. A minimum distance of 5m resulted from the north-west corner of these balconies to the western boundary.

In the south-east corner of the site up to 8 storeys are provided in Block D a minimum of 1.2m from the southern boundary, but this form is considered acceptable in adopting a continuous street wall to Bay Street.

Five to eight storeys (approximately 25 metres):


12m between habitable and non-habitable rooms

9m between non-habitable Rooms

No but acceptable

Minimum setback of 14m between habitable windows and balconies of Block B and Block D





At the boundary between a change in zone from apartment buildings to a lower density area, increase the building setback from the boundary by 3m.

No

No additional setback from the minimum 6m is provided for the first 3 levels of Block D to the Queen Street properties to the south.

Amended plans have set the stairwell and lift cores to storeys 4, 5 & 6 a distance of 8.25m back from the southern boundary.

Note: a minimum 6m setback to a height of 6 storeys is the approved envelope under D/2013/412.

In the south-east corner of the site up to 8 storeys are provided in Block D a minimum of 1.2m from the southern boundary.

While an increased setback of 9m would be desirable from the southern boundary, the proposal is generally consistent with the Stage 1 in adopting an almost continuous street wall to Bay Street, and the design provides breaks in the massing of Block D and increased setbacks to parts of the building, such that the separation is considered acceptable. This is discussed in more detail in the Issues Section.

3D Communal and Public Open Space

Communal open space has a minimum area equal to 25% of the site.

Yes Block B = 40% (incl. roof garden)

Block D = 38.8% (incl. roof garden)

(Note: based on respective lot areas for each block in the proposed plan of subdivision)

Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of two (2) hours between 9am and 3pm on 21 June (midwinter).

Yes The applicant has provided solar assessments confirming the communal area to the north of Block B and the communal roof top areas on each block ensure that more than the minimum solar access requirements are met.





3E Deep Soil Zones

Deep soil zones are to meet the following minimum requirements:

Yes Block B = 292m2 (22%)

Block D = 644m2 (22%)

Site area Minimum

Dimensions % of site area

<650m2 -

7%

650m2 – 1,500m2

3m

>1,500m2 6m

>1,500m2 with significant existing tree cover

6m

3F Visual Privacy

Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum separation distances from buildings to the side and rear boundaries are outlined below.

Note: Gallery circulation is treated as habitable space.

Up to four storeys (12 metres):



Yes However, as noted in the discussion on building separation above, at the western end of Block D, a minimum distance of 5m to the western boundary for the balconies to Level 1 and 2 has resulted from requested design amendment.

Five to eight storeys (25 metres):


4.5m between non-habitable rooms

Yes

Nine storeys and above (over 25m):



No The ninth storey is setback a minimum 5.5m from the southern boundary. However, a 4.3m setback beyond the eighth storey and non-trafficable roof within the setback will ensure that visual privacy issues are mitigated.





4A Solar and Daylight Access

70% of units to receive a minimum of 2 hours of direct sunlight in midwinter to living rooms and private open spaces.

No

Yes

Yes

Yes

Yes

Yes

Block B = 25 (52%)

Block D = 85 (77%)

Total = 110 (70%)

Proposed Stage 1 Mod will result in

Block B = 34 (71%)

Block D = 85 (77%)

Total = 119 (75%)

Maximum of 15% of apartments in a building receive no direct sunlight between 9am and 3pm at midwinter.

No

Yes

Yes

Yes

Yes

Yes

Block B = 11 (23%)

Block D = 3 (3%)

Total = 14 (8.8%)

Proposed Stage 1 Mod will result in

Block B = 5 (10.4%)

Block D = 3 (3%)

Total = 8 (5%)

4B Natural Ventilation

Minimum 60% of apartments in the first nine (9) storeys of the building are naturally cross ventilated.

Yes Block B = 30 (63%)

Block D = 66 (60%)

Total = 96 (61%)

Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

Yes Block B = 14m

Block D = 16m

4C Ceiling Heights

Measured from finished floor level to finished ceiling level, minimum ceiling heights are as follows:

Habitable rooms: 2.7m Yes Floor to floor height 3.1m will achieve 2.7m ceiling heights.

Non-habitable rooms: 2.4m Yes





4D Apartment Size and Layout

Minimum unit sizes:

Studio: 35m2

1 bed: 50m2

2 bed: 70m2

3 bed: 90m2

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m2 each.

Yes Block B

1 bed: 50-60m2

2 bed: 71-76m2

Block D

1 bed: 51-69m2

2 bed: 70-83m2

Every habitable room is to have a window in an external wall with a minimum glass area of 10% of the floor area of the room.

Yes

Habitable room depths are to be no more than 2.5 x the ceiling height.

Yes

8m maximum depth for open plan layouts.

Yes

Minimum area for bedrooms (excluding wardrobes):

master bedroom: 10m2

all other bedrooms: 9m2

Minimum dimension of any bedroom is 3m (excluding wardrobes).

Yes All bedrooms exceed 10m2 with minimum dimension of 3m.

Living and living/dining rooms minimum widths:

Studio and one-bedroom: 3.6m

Two-bedroom or more: 4m

Yes

4m minimum width for cross over and cross through apartments.

Yes





4E Private Open Space and Balconies

All apartments required to have primary balconies as follows:

Yes All units have access to useable external area, with a majority having northerly and easterly aspects.

Minimum primary balconies of 8m2 for one bedroom units and 10m2 for two bedroom units are provided, within minimum 1m dimensions.

Dwelling Type:

Min. Area

Min. Depth

Studio 4m2 -

One bed 8m2 2m

Two bed 10m2 2m

Three+ bed 12m2 2.4m

The minimum depth counting to balcony area is 1m.

Private open space for apartments on ground level, on a podium, or similar, must have a minimum area of 15m2 and a minimum depth of 3m.

Acceptable 2 ground floor units in Block B and 5 ground floor units in Block D do not provide the minimum 15m private open space, due to street frontage locations/orientations. However, all provide a useable open space directly accessible from the living area.

4F Common Circulation and Spaces

The maximum number of apartments off a circulation core on a single level is eight (8).

Yes Complies.

4G Storage

Minimum storage provision facilities:

Studio: 4m3

1 bed: 6m3

2 bed: 8m3

3 bed: 10m3

(Minimum 50% storage area located within unit).

Acceptable All units have a linen cupboard and built in wardrobes. 9 apartments in Block D contain storage rooms.

In Block B – 51 storage lockers are provided in a common storage area.

In Block D – 44 storage lockers are provided in two common storage areas.



State Environmental Planning Policy (Infrastructure) 2007

55. The provisions of SEPP (Infrastructure) 2007 have been considered in the assessment of the development application.

Clause 45

56. The application is subject to Clause 45 (Subdivision 2 Development likely to affect an electricity transmission or distribution network) of the SEPP as the development will:

(f) be carried out immediately adjacent to an electricity substation

(g) be carried out within 5m of an exposed overhead electricity power line

57. In accordance with the Clause, the application was referred to Ausgrid for a period of 21 days.

58. Ausgrid provided written confirmation identifying the assets of:

the existing substation within the application site and associated underground cables, including the easement, lease or right of ways over these electrical assets; and

overhead and/or underground cable/s on public land.

59. Ausgrid requires the developer to make a formal submission to Ausgrid by means of a duly completed Preliminary Enquiry and/ or Connection Application form, to allow Ausgrid to assess any impacts on its infrastructure and determine the electrical supply requirements for the development.

60. The applicant is known to be addressing these requirements as 4 new electricity substations have been installed across the site, and once commissioned the existing Bay Street substation will be decommissioned and the land utilised in the development of proposed Block D.

61. The developer is to ensure that the proposed works do not contravene Ausgrid’s technical standards and statutory requirements, in regards to the safe and reliable operation and maintenance of Ausgrid's network.

62. Conditions of consent are recommended that reinforce the necessary requirements for considerations of utility suppliers.

State Environmental Planning Policy No 32—Urban Consolidation (Redevelopment of Urban Land)

63. SEPP 32 provides for the increased availability of housing within the inner city and to assist in meeting the demand for housing close to employment, leisure and retail opportunities.

64. The proposed development of the site is consistent with the aims and objectives of the SEPP.



Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Deemed SEPP)

65. The site is located within the designated hydrological catchment of Sydney Harbour and is subject to the provisions of the above SREP.

66. The Sydney Harbour Catchment Planning Principles must be considered in the carrying out of development within the catchment. The key relevant principles include:

protect and improve hydrological, ecological and geomorphologic processes;

consider cumulative impacts of development within the catchment;

improve water quality of urban runoff and reduce quantity and frequency of urban run-off; and

protect and rehabilitate riparian corridors and remnant vegetation.

67. The site is within the Sydney Harbour Catchment and eventually drains into the Harbour. However, the site is not located in the Foreshores Waterways Area or adjacent to a waterway and therefore, with the exception of the objective of improved water quality, the objectives of the SREP are not applicable to the proposed development. The development is consistent with the controls contained with the deemed SEPP.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

68. A BASIX Certificate has been submitted with the development application for each of Block B and Block D.

69. The BASIX certificate lists measures to satisfy BASIX requirements which have been incorporated in the proposal. A condition is recommended ensuring the measures detailed in the BASIX certificate are implemented.

State Environmental Planning Policy (Affordable Rental Housing) 2009

70. This SEPP was developed to facilitate an increase in the supply and diversity of affordable rental housing.

71. This application is subject to the provisions contained in Division 1 of SEPP, which include in-fill residential flat buildings. Division 1 prescribes, parameters for additional floor space ratio; the continued application of SEPP65; consideration of local character, and a requirement for a minimum of 10 years of use as affordable housing. Standards are also prescribed for landscape area, deep soil zones, minimum solar access, parking provision and minimum dwelling sizes that cannot be used to refuse consent. The key development standards and standards by which consent cannot be refused are highlighted in the table below:



SEPP (Affordable Rental Housing) 2009

Standard Compliance Comment

Clause 13 – Floor Space Ratios

Maximum FSR for development is the existing maximum FSR for any form of residential accommodation permitted on the land, plus (if the existing maximum FSR is 2.5:1 or less) 0.5:1—if the percentage of the GFA of the development that is used for affordable housing is 50% or higher.

Yes The existing maximum FSR for the site is 1.9:1 under the LEP (GAHP) 2011 (incl. base 1.3:1 plus 0.6:1 bonus).

100% of the proposal is proposed for social housing providing an additional 0.5:1 FSR.

A total maximum FSR of 2.4:1 is approved for the site under D/2013/412. The proposal complies with this maximum FSR for the entire GAHP site.

Clause 14 – Standards that cannot be used to refuse consent

1(b) site area (>450m2)

1(c) landscape area (>30%)

1(d) deep soil (15%)

1(e) solar access (70% of units min. 3hrs)

2(a) parking

2(b) dwelling size (50m2 one bed, 70m2 two bed)

Yes

Yes

Yes

No

Yes

Yes

No

Yes

Block B 40%, Block D 39% - including roof gardens

Block B 22%, Block D 22%

Block B (52%)

Block D (77%)

Total 110 (70%)

The proposal does not provide the 44 car parking spaces calculated under this provision

All meet the minimums



SEPP (Affordable Rental Housing) 2009

Standard Compliance Comment

Clause 16A – Character of the local area

Compatibility with the character of the local area

Acceptable With the exception of the extent the tallest element of Block D (discussed in the Issues section), the scale and form is generally consistent with the Stage 1 approval. The higher element fronting Bay Street and the use of brick buildings reinforcing the street alignments is consistent with the building typology of the local area. The amendments to utilise metal balustrades and metal screens enhance the compatibility with surrounding development.

State Environmental Planning Policy No 32—Urban Consolidation (Redevelopment of Urban Land)

72. SEPP 32 provides for the increased availability of housing within the inner city and to assist in meeting the demand for housing close to employment, leisure and retail opportunities.

73. The proposed development of the site is consistent with the aims and objectives of SEPP.

Sydney LEP (Glebe Affordable Housing Project) 2011

74. The site is located within the R1 (General Residential) zone. The proposed use is defined as “residential flat buildings” and is permissible with consent.

75. The relevant matters to be considered under Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011 for the proposed development are outlined below.



Compliance Table

Development Control Compliance Comment

4.3 Height of Buildings No A maximum height of 21 m is permissible for the area of Block B.

A maximum height of 21m is permissible for part of Block D, and 33m for that part of Block D fronting Bay Street.

The proposal is generally consistent with these height controls. However, the depth of Block D fronting Bay Street extends beyond the area to which the 33m height limit applies, and parts of the lift cores, clerestory windows and parapets of both Block B and Block D extend through the maximum heights.

For Block B a departure from the height control of up to 1.8m (8.6%) is proposed. For Block D a departure from the height control of up to 8.5m (40%) is proposed.

See discussion under the heading Issues.

4.4 Floor Space Ratio Yes A maximum FSR of 1.9:1 under the LEP (GAHP) 2011 (incl. base 1.3:1 plus 0.6:1 bonus) is permitted.

However, as per Division 1 SEPP (affordable Rental Housing) 2009, 100% of the proposal is proposed for social housing providing for an additional 0.5: bonus FSR, resulting in a total 2.4:1 permitted FSR.

The FSR was calculated for the entire GAHP site (including Elger Street and Stirling Street) under the Stage 1 D/2013/412 and a GFA plan approved for the entire site. The proposal and proposed modification to D/2013/412 remain consistent with the approved maximum FSR for the site of 2.4:1.

4.6 Exceptions to development standards

Yes The proposal seeks to vary the development standard prescribed under Clause 4.3 (Height).




Compliance Table


Part 6 Local provisions - height and floor space

6.1 Acid sulphate soils Yes The site is classified as part Class 2 and Class 5 acid sulphate soils. The area of proposed Block B and the eastern portion of Block D to which the Class 2 classification applies require consent for works below natural ground.

The City’s Health and Building unit are satisfied on the basis of the geotechnical report for the site, that the site soils are not considered to be acid sulphate soils.

6.2 Flood planning Yes Entry levels for the development comply with the flood planning levels assessed for the site.

6.4 Design excellence Yes As discussed previously, following initial assessment of the application, a number of issues were raised for consideration of LAHC.

Following amendments made, the proposal is considered to satisfy the objectives of design excellence.

The development achieves good levels of compliance with the principles of SEPP65 and the design criteria of the ADG.

The development uses high quality materials, including face brick and stone, drawing on historic cues from industrial buildings in the area.

The landscaping design at both ground and rooftop level provides integration of landscape design.

6.5 Car parking ancillary to other development

Yes A maximum of 80 car parking spaces are permitted (131 one bed x 0.4 and 27 two bed x 0.8).

No car parking spaces are proposed.



Sydney DCP 2011 (Glebe Affordable Housing Project)

76. The relevant matters to be considered under Sydney Development Control Plan 2011 (Glebe Affordable Housing) for the proposed development are outlined below.

3. General Provisions


2.2 Development Capacity Distribution

No The Gross Floor Area Map specifies a maximum GFA for that area encompassing Block B of 11600m2 and Block D of 7570m2.

The proposed Block B building subject to this application utilises only a portion of the total Block B area identified in the DCP (GAHP) 2011 map. The subject Block B building proposes a maximum GFA of 3370m2, which complies with the control.

Following the amendments made to the application, proposed Block D seeks a maximum GFA of 7750m2, exceeding the capacity by 180m2 (2.4%).

This is addressed in the current application to modify the Stage 1 approval D/2013/412, which seeks to reduce the total permissible GFA for thee area of Block B to offset the addition of GFA to Block D. See discussion under the heading Issues.

2.3 Height in storeys and building edge height

No The proposal seeks some changes in the positions of transitions between the heights in storeys maps.






2.4 Setback and street presentation

Acceptable The proposal is generally compliant with the requirement for 70 % of the buildings to align with the street front.

However for Block D only 44% of the frontage aligns with Elger Street. This is due to the introduction of cut-outs in the building comprising re-entrant landscaped courtyards, two principal pedestrian entries and the alignment of Elger Street at the western end of the site. The cut outs in the building are considered positive in breaking up the long building and enhancing the amenity for residents.

2.5 Building width, depth and separation

No The eastern portion of Block D exceeds the 16.5m building envelope depth specified in the maps from the Bay Street frontage. The depth ranges from 20m to 23.5 metres.

See discussion under the heading Issues and the proposed modification to D/2013/412.

3.1 Publicly accessible open space

Yes The proposed footprint for Block D and fencing remains clear of the north-western corner identified for publicly accessible open space. Trees and other landscaping is proposed to be introduced around an existing substation and a path that provides access to the gate along the eastern side of Block D.

3.2 Landscaping and open space

Yes The proposed landscaping utilises predominantly plants from the City of Sydney indigenous plant list, low maintenance and drought tolerant. The design of raise planters to Bay Street addresses flood floor levels.

4.2(3) Dwelling size mix Yes The proposal is by the LAHC and designed to meet the tenant needs of the LAHC.





4.3 Building typology, layout and design

Acceptable The proposal will deliver the social housing component of the overall GAHP site consistent with the Stage 1 D/2013/413.

The proposal is designed to reinforce the street hierarchy with the tallest element to Bay Street and reduced scale to Elger and Stirling Streets.

Modifications have reduced the scale to the southern boundary and improved solar access to neighbouring properties to that of the Stage 1 envelope.

Recommended conditions of consent will ensure external materials, decorative screens, balconies and louvres are submitted for approval to ensure a high quality aesthetic.

4.4 Safety and design Acceptable The buildings have not been designed to maximise activation of the street and casual surveillance from ground floor units. However, the design minimises recesses and will provide secured control points of entry. A high proportion of street front balconies will provide high levels of casual surveillance to the street.

4.5 Sun access No The development will result in significant loss of solar access to the northern elevations and private open space of the properties at 81 Bay Street and 3 Queen Street, which lie directly to the south of proposed Block D.


4.6 Reflectivity Yes The proposed material will not give rise to unacceptable reflectivity. Conditions of consent are recommended for final approval of materials prior to works commencing.





4.7 Acoustic Privacy Yes An acoustic report has been submitted with the application that addresses both construction and ongoing management of the development. The City’s Health and Building Unit are satisfied that the proposal is acceptable subject to conditions including compliance with the requirements and recommendations of the submitted report.

5.1 Building facades, entrances and articulation

Acceptable The building forms have been broken up through articulation and changes in materials.

Individual entries are not provided to ground floor units, but as discussed above this has been a requirement of LAHC to meet security requirements.

6.1 Landscaping Acceptable Landscape plans have been submitted that provide for appropriate planting and integration with the building design, including roof terraces and raised courtyards that define entries and provide security.

Conditions of consent are recommended to address final detailed design and maintenance.

6.2 Private open space Yes All units are provided with balconies or outdoor terraces, with a high proportion having a northerly aspect.

6.3 Common open space Yes Block B is provided with an approximately 120m2 ground floor, north facing, communal paved area directly accessible from the common room.

Roof top terraces for both Block B and Block D provide good amenity with high levels of solar access and the provision of communal gardens.

6.4 Deep Soil Yes The deep soil zones exceed the minimum 10% of the site and minimum dimensions.





6.5 Green Roofs Acceptable The design of the roof does not include an integrated green roof, but the common roof top terraces to both Block B and Block D adopt communal garden beds and planter boxes, to support a range of plants to improve the amenity and environmental performance of the building.

6.6 Fences Acceptable Solid masonry fences/walls in excess of the prescribed 900mm height are proposed to the Bay Street and Elger Street frontages of Block D to address security concerns. Modifications have been made to include glazed brickwork and raised planter beds to improve the interface with the public domain.

6.7 Tree management Yes No trees are currently located within the site. The landscape plan introduces a number of trees to the site, and recommended conditions of consent will ensure that trees on the neighbouring sites to the south of Block D are protected during construction works.

7.1 Ecologically sustainable design

Acceptable The proposal includes a centralised solar hot water system. Photovoltaic panels on the roof will address energy requirements for common areas. Rainwater is to be collected from the rooftops for landscape irrigation, and water efficient fixtures and fittings are to be adopted throughout.

7.2 Waste management

- 7.2.3

- 7.2.4

No Waste collection is not proposed on-site or within the building.

Both buildings are more than 3 storeys, but do not include waste or recycling chutes and travel distances are in excess of 45m.






8.1 Managing transport demand

Acceptable The development proposes no car parking.

Whilst the provision of no car parking is considered acceptable on the basis of the location and provision of public transport options, a condition of consent is recommended to address the preparation of a Transport Access Guide.

8.2.3 Car share – 1 per 80 dwellings

No The proposal makes no provision for the 2 car share spaces required under this provision. The already approved construction of Elger and Stirling Streets includes on-street parking spaces. The City’s Traffic Operations Unit support the adoption of a car share space within these parks, and an appropriate condition is recommended requiring the consent holder to make application for at least one on-street car share space, and subject to approval to implement any car share space(s) restrictions and signage at no cost to Council.

8.3 Bicycle parking and associated facilities

The proposed bicycle parking does not meet the specified 1 per dwelling requirement, but complies with the prescribed visitor requirements of 1 per 10 dwellings.

It is acknowledged that the LAHC target for this housing is to accommodate middle age to elderly residents. On this basis, the provision of 21 (Block B) and 46 (Block D) storage lockers capable of storing a bicycle, and the provision of external (Class 3) visitor bicycle parking on the basis of 1 per 10 dwellings is considered by the City’s transport planners to be acceptable.

A condition of consent is recommended to secure this bicycle parking.





8.4 Service vehicle loading spaces – 1 space per 50 dwellings and 1 space per 100 thereafter

No The proposal makes no provision for service vehicle parking off-street. In this instance, the City’s transport planners and traffic operations unit are satisfied that the site can be serviced, and that short term parking arrangements in the area will address the servicing requirements of this social housing development.

ISSUES

Clause 4.6 Exception to development standard – Height

77. For proposed Block B and Block D, areas of both the proposed buildings exceed the maximum heights specified in the LEP (GAHP) 2011.

78. An extract from the LEP (GAHP) 2011 Building Height Map is provided below (Figure 20). The buildings subject to this application are located in the south-east corner of the GAHP site where only the 21m (R) and 33m (U2) height limits apply (note: as annotated on the extract, the width of the 33m (U2) zone is assumed to be 16.5m - consistent with the DCP (GAHP) 2011 building envelope depth map (Figure 21) and height of storeys map (Figure 22).

Figure 20: Extract from LEP (GAHP) 2011 height of buildings map. Only the R zone is applicable to proposed Block B, and both the R and U2 zones are applicable to proposed Block D.



Figure 21: Extract from DCP (GAHP) 2011 building envelope depth map. Note the depth of 16.5m for the building envelope of Block D to Bay Street.

Figure 22: Extract from DCP (GAHP) 2011 Height of Buildings in Storeys Map.



Block D

79. For Block D, as discussed above both a 21m height and a 33m height apply to the building site. Figure 23 below depicts Level 6 (storey 8) of the eastern end of the proposed building with respect to the LEP (GAHP) 2011 maximum heights. Parts of Levels 5 to 7 (storeys 7 to 9) and the lift overruns are located within the 21m height zone and exceed 21m in height. This is also depicted in a cross-section of the building in Figure 24.

Figure 23: Relationship of Level 6 (storey 8) to the LEP (GAHP) 2011 maximum height map. The non-compliant area of Block D identified within the white dashed shape.



Figure 24: Section of Block D depicting application of LEP (GAHP) 2011 maximum height (bold dashed line). The shaded area highlights the approximate area of non-compliance with the maximum 21m height zone.

Block B

80. For Block B portions of the upper most parapet (0.3-1.0m), the stair core providing access to the upper roof (1.6-1.8m), and two clerestory windows (0.15-0.8m) inside the parapet extend through the LEP (GAHP) 2011 21m maximum height. These are depicted in Figure 25 below:

Figure 25: Section through Block B depicting compliance with LEP (GAHP) 2011 maximum 21m building height (dashed line). The circled areas indicated the areas of non-compliance.



81. The applicant is relying on the provisions of Clause 4.6 of LEP (GAHP) 2011 to seek an exception to the height development standard by up to 1.8m for Block B and 8.5m for Block D. These represent departures from the height control of up to 8.6% and 40% respectively.

82. Clause 4.6 allows Council to vary development standards in certain circumstances and provides an appropriate degree of flexibility to achieve better design outcomes. The Council may grant the exception as the Director-General’s concurrence can be assumed where Clause 4.6 is adopted as per Department of Planning Circular PS 08–003 dated 9 May 2008.

83. In order to demonstrate whether strict numeric compliance is unreasonable and unnecessary in this instance, the proposed exception to the height development standard has been considered against the objectives and provisions of Clause 4.6 in the following table:

Clause 4.6 Requirement

Assessment

4.6(4)(a)(i)

The applicant must submit a written request to vary the development standard

A written request has been submitted to Council justifying the proposed contravention of the height development standard on the following basis:

(a) the departures from the building height for Block B are for a service stair to the roof and minor roof window and parapet elements that do not contribute to the overall bulk and scale of the building; and

(b) the extent of non-compliance for the eastern portion of Block D is greater, however:

(i) the additional height contributes to a strong corner element to Bay and Elger Street consistent with the design principles of the Stage 1;

(ii) despite the overall height it is considered consistent with the streetscape character and built form of existing and future development;

(iii) the non-compliance does not translate to a wholesale departure by reading as an additional storey or significant additional bulk; and

(iv) the siting of the non-compliance is focused on the corner of Bay and Elger Streets, setback approximately 10m from the Queens Street properties to the south, ensuring that any additional overshadowing is minimised.




Assessment

4.6(4)(a)(ii)

Council must be satisfied that the proposed development is consistent with the objectives of the development standard and the objectives for development within the zone

The objectives of the zone are:

(a) to provide for the housing needs of the community;

(b) to provide a variety of housing types and densities; and

(c) to enable other land uses that provide facilities and services to meet the day to day needs of residents.

The relevant objectives of the development standard are:

(d) to ensure the height of development is appropriate to the condition of the site and its context;

(e) to ensure appropriate height transitions between new development and heritage items or heritage conservation areas;

(f) to promote the sharing of views; and

(g) to promote sunlight access.

The applicant submits that the proposal complies with the objectives of the development standard because:

(h) the scale and form is consistent with the intended re-development potential of the land;

(i) the proposed building represents a high quality urban form and the non-compliances do not compromise the design quality;

(j) the breach does not cause increased overshadowing or loss of sky exposure to adjoining properties or the public domain;

(k) Block B is considered appropriate in its context and the departures minor; and

(l) the non-compliant part of Block D achieves a strong corner element consistent with urban design principles and the Stage 1 consent.

Comment:

The reasons for a departure for Block B are accepted and acknowledged that they provide a benefit in allowing for the building to be finished with an appropriate parapet that is both functional in screening and providing safe access to plant and the other roof structures, while also providing a strong upper element to the building. The degree of non-compliance is considered minor and does not result in any significant adverse environmental impact, such that strict numeric compliance is considered unnecessary and the clause 4.6 variation for Block B is supported.




Assessment

The applicant’s written rationale for the departures from the control for Block D contain some incorrect statements and inaccuracies in assessing the objectives for the height development standard.

It is accepted that the increased depth of the eastern end of Block D to a height of 9 storeys will provide a stronger built form to the corner of Bay and Elger Streets. However, the statement that the increased built form is approximately 10m from the Queen Street properties is incorrect, as non-compliant parts of Levels 5 and 6 (storeys 7 and 8) are located just 1.2m from the southern boundary of the site (refer Figure 23 above). The further statement that the non-compliance for Block D will not cause increased overshadowing or loss of sky exposure to adjoining properties, is not supported. The height of the Levels 5, 6 & 7 (storeys 7, 8 and 9) exceeding 21m and extending into the 21m height zone by up to 7m will reduce the degree of sky exposure and solar access to residents of 81 Bay Street.

In addressing the proposed departure from the height control, the development seeks a reduction in the maximum 10 storeys to 9 storeys for the apartments, and by increasing the depth of the building fronting Bay Street, enables lower level linkages/cut-outs of 3 storeys within the remaining length of Block D to be achieved. These lower scale elements will provide additional solar access and sky exposure to some Queen Street residents at No.81, significantly greater than that of the maximum approved 6 storey building envelope for the western portion of Block D (Figure 26), and greater than the loss attributed to the non-compliant portion of the building (Figure 24 above), which is the subject of the proposed Stage 1 modification.

Given this assessment, on the balance, the proposed variation is considered to result in an improved environmental outcome. As such, strict numeric compliance is considered unnecessary and the clause 4.6 variation for Block D is supported.



Figure 26: South elevation of Block D, demonstrating the areas of the proposed design that are significantly below the maximum 6 storey approved envelope.

84. It is considered that the written statement provided by the applicant has sufficiently justified that strict numeric compliance with the development standard is unreasonable and unnecessary with respect to Block B, and that the departure from the height standard for Block D enables a design solution that presents environmental benefits over the maximum approved Stage 1 envelope. For the reasons outlined above, there are sufficient planning grounds to justify the departure from the height development standard and it is recommended that a Clause 4.6 exception be granted, pursuant to the Director-General’s general concurrence of May 2008.

Non-Compliance with GAHP DCP HOB’s Map

85. Similar to the GAHP LEP 2011 non-compliance with maximum height discussed above, the proposal does not comply with the DCP (GAHP) 2011 height of buildings map (Figure 22 above).

86. The Stage 1 approval D/2013/412 approved a minor departure from the envelope referred to as B3 (the subject building Block B), and a difference in the building envelope depths of the 8 and 10 storey elements of Block D to Bay Street, which can be seen in Figures 27 and 28 below.



Figure 27: On the left an extract from the Stage 1 D/2013/412 approved Maximum Number of Storeys Plan. On the right the extract from the DCP (GAHP) 2011 Height of Buildings in Storeys Map. “Block B” and “Block D” added to identify the areas subject to this application.

87. The proposed changes are discussed in detail in the modification application D/2013/412/A being considered by the CSPC on 23 June 2016.

88. Assessment of the departures from the approved envelopes is made difficult due to the lack of any scale or dimensions on the approved Stage 1 plans for D/2013/412. However, approximate dimensions are annotated on the extract from an assessment of the Number of Storeys Plan in Figure 28 below.

Figure 28: Extract from approved Number of Storeys Plan D/2013/412. Approximate dimensions for the depth from Bay Street are annotated on the plan.



89. For Block D the Stage 1 DA approved an envelope with a narrower height of 8 storeys to the southern boundary and frontage with Bay Street, and a slightly wider 10 storey height from the Bay Street frontage, than that of the 16.5m in the DCP GAHP 2011 map (Figure 21 above). The proposed modification D/2013/412 and the detailed design in this application seek to increase the depth from Bay Street of the proposed 8 and 9 storey elements of Block D. In addition the modification seeks to reduce the approved 10 storey envelope to 9 storeys reflecting that of the proposed development (However, it is noted that provision is still required for the lift overruns, stair, plant, and clerestory window to all extend beyond the 9 storeys).

90. For Block B the proposed departure in the transition from 6 to 5 storeys is considered appropriate as the building steps down with the topography of the site alongside the formation of Elger Street, and is not considered to result in any significant adverse environmental impact.

91. This is considered in the Clause 4.6 request discussed above, and the concurrent Stage 1 DA modification to be determined by the CSPC. Subject to approval of the Stage 1 modification, the proposed modifications to the GAHP DCP Height of Buildings envelopes is, on balance, found to be acceptable.

Development Capacity

92. Clause 2.2 of the DCP (GAHP) 2011 and the associated map, provide for a maximum GFA and appropriate distribution across the entire GAHP site (Figure 29).

Figure 29: Gross Floor Area map, DCP (GAHP) 2011.



93. The Development Capacity Distribution Map specifies a maximum GFA for the area encompassing Block D of 7570m2.

94. Following the amendments made, proposed Block D seeks a maximum GFA of 7750m2, exceeding the capacity by 180m2 (2.4%).

95. This is addressed in the current application to modify the Stage 1 approval D/2013/412. To offset the increase in the GFA of Block D, the modification proposes a 290m2 reduction in the GFA of the building envelopes B1 and B2 (which sit within Block B shown above).

96. It is noted that Block B approved in D/2013/412 provided for a total GFA of 11800m2 (200m2 greater than the DCP (GAHP) 2011 map). The proposed modification will provide for a reduction of 290m2 resulting in the total for Block B of 11510m2.

97. The redistribution of a portion of GFA to Block D, does not increase the approved GFA (or FSR) of the total GAHP site (rather reduces it by 110m2), and provides for amenity benefits of increased solar access to the apartments of proposed Block B (see Figure 31 below), which is the subject of this application (referred to as envelope B3 in D/2013/412). For this reason the relatively small redistribution is supported.

98. Any residue GFA of the proposed Blocks B and D, both of which are for social housing, cannot be transferred to Blocks A & C which are for market housing.

Compliance with Stage 1 DA

99. A Stage 1 DA (D/2013/412) was approved by the CSPC on 8 August 2013 for the site. This approval allowed for 6 building envelopes between 2 and 10 storeys and a total of 495 dwellings consisting of approximately 153 social, 95 affordable and 247 market dwellings; basement parking for 175 cars accessed from Elger and Wentworth Streets. Public domain works include the extension of Elger St, the relocation of Stirling St and the creation of a park on Elger Street.

100. Pursuant to Section 83D of the EP&A Act, any subsequent Stage 2 development determination cannot be inconsistent with the Stage 1 consent.

101. The Stage 1 DA included a number of conditions of consent. An assessment of compliance with these conditions, which specifically required details to be addressed as part of the Stage 2 application are provided below:

No. Condition Assessment

3 Subsequent Stages to be contained within the approved envelope

Does not comply. A section 96 application D/2013/412/A to address this inconsistency has been separately prepared for the CSPC’s consideration on 23 June 2016.

4 Building height Does not comply. A section 96 application D/2013/412/A to address this inconsistency has been separately prepared for the CSPC’s consideration on 23 June 2016.



No. Condition Assessment

5 Public domain plan Complies. Public domain plans have been submitted and endorsed by the City’s Public Domain Unit under the LAHC Part 5 Activity approval of the 16 September 2014. The public Domain works including the construction of Stirling Street and the extension to Elger Street are nearing completion.

6 Electricity substation N/A. Substations for the development of the GAHP were submitted to Council as part of the public domain approvals for the construction of Elger Street and Stirling Street and have already been installed on the site.

7 Landscaping of the site Complies. Detailed landscape plans have been submitted for the proposal.

8 Affordable housing N/A. The affordable housing component does not form part of this Stage 2 application.

9 Reuse of existing sandstone kerbing

Complies. The sandstone kerbing was removed, stockpiled and has been reused in the public domain endorsed plans under the LAHC Part 5 Activity approval of the 16 September 2014.

10 Heritage interpretation strategy Does Not Comply. It is recommended that this requirement is addressed as a further condition of consent, which will ensure consistency with the Stage 1 approval.

11 Surrender of existing consent Complies. The LAHC surrendered, in writing, development consent D/2011/1245 on 1 December 2015.

102. The proposed changes to the building envelopes and maximum building heights specified in the Stage 1 DA (D/2013/412) are the subject of a report to the CSPC 23 June 2016 meeting. If approved by the CSPC the proposal will be consistent with the Stage 1 as amended.

Solar Access to Neighbouring Properties

103. The development will result in a loss of solar access to the northern elevations and private open space of the properties at 81 Bay Street, which lie directly to the south of proposed Block D.



104. The application highlights that the Stage 1 approved envelope provides no direct mid-winter solar access to the rear yards and northern elevations of the dwellings on 81 Bay Street between 9.00am and 3.00pm.

105. The consideration of the Stage 1 application included an undertaking in the assessment and discussion of the application (although no stated condition) that the detailed design would seek to improve where possible the solar access provision to the properties to the south.

106. The proposed detailed design of Block D and the proposed modification to D/2013/412, seek to reduce the maximum height of buildings to Bay Street from 10 storeys to 9 (plus lift core and stairs). Despite the proposed increased depth of the 9 storey element to Bay Street, this distribution of the floor area, enables the inclusion of lower scale, 3 storey linkages in Block D (discussed above and Figure 26) that will provide improved solar access to some Queen Street dwellings to the south, over that of the approved maximum building envelope. Following requested amendments to further reduce the scale of the building to the southern boundary, improvements were made in the relocation of the stair and lift cores further from the south and a reconfiguration of apartments, which has further improved solar and sky access for 81 Bay Street to that of the original application (Figure 30).



Figure 30: Solar access diagrams for Proposed Block D demonstration solar access to properties along Queens Street at hourly intervals from 12 noon to 3.00pm, June 21.



Solar Access for Proposed Development

107. As discussed above in the assessment against the provisions of the ADG, proposed Block B, does not achieve a minimum of 70% of the apartments with a minimum of 2 hours direct solar access to living rooms and private open space. As proposed Block B achieves 25 units or 52%, and results in 11 units or 23% achieving no solar access (ADG specifies a maximum of 15%).

108. It is noted that as a total development including both Block B and Block D that the proposal does achieve a minimum 70% of units with 2 hours solar access.

109. The proposed modification to the Stage 1 approval, seeks to provide significant benefit in the provision of solar access. The proposal seeks to remove GFA from the approved B1/B2 affordable housing envelope of D/2013/412 and relocate part of it into proposed Block D. The proposed amendment to B1/B2 and the impact on solar access to proposed Block B is depicted in Figure 31 below.

110. The proposed Stage 1 modification, if approved, may result in 34 apartments (71%) in Block B with a minimum 2 hours solar access and a total of 5 or 10.4% achieving no solar access. Given the substantial improvement in Block B, support is provided through this application for the modification to the Stage 1.

Figure 31: Massing diagram of the proposed modification to building envelope B1/B2 through D/2013/412/A, and the improved solar access for apartments in proposed Block B.

Proposed modifications to the approved B1/B2 building envelope



External Materials

111. Following the original application, concerns were raised by Council Officers in respect of the external composition of the buildings and the design and materials of features such as the balustrades, awning structures, screens, stairwells, blank brick walls at the interface with public domain, and the southern elevation of Block D visible from Bay Street.

112. Details have been provided to amend glass balustrades to metal fins and perforated metal screens, and to increase the use of face brick over that of an exposed tilt slab grid to the external elevations. These changes result in the building taking on increased “solidity” in appearance that is more in-keeping with a historic warehouse character.

113. Amended details have also been provided to present coloured fibre cement panels and translucent glass panels to be affixed to the southern elevation of Block D visible from Bay Street.

114. The lack of activation and, blank walls presented to the Bay Street Elevation and Bay Street/Elger Street corner, were areas of concern. Due to flood floor levels, and both security and control of access to social housing developments, LAHC were reluctant to increase the activation to the street frontage. To improve the streetscape, areas of glazed bricks and raised planters are now proposed to Bay Street and Elger Street.

115. The details of the amendments to the exterior elements have not been fully resolved such that conditions of consent are recommended to address the detailed design. Materials and colours of these elements.

Waste and Removalist Delivery/Collection

116. The proposed design of both Block B and Block D does not include provision for waste chutes. The LAHC highlighted significant issues with the use and management of waste chutes in social housing developments, and the desire that they not be required.

117. Each unit will provide adequate storage within the unit for one day of waste and recycling. The common waste and recycling rooms are easily accessible at ground level from the lift cores for each unit. However, the requirement to pass through the primary entry lobby to each of Block B and Block D in accessing the respective waste rooms is noted

118. The proposal makes no provision for on-site car parking or servicing. Waste collection is proposed from Elger Street, from one waste collection room for Block B and two waste collection rooms in Block D.

119. In this instance given the absence of off-street parking, and the proposal is for social housing managed by the LAHC, the City’s Waste Management unit consider the proposed walk-in/walk-out collection acceptable subject to the installation of a compatible (GAR) key system to allow for the City’s staff to collect waste and recycling receptacles directly from the nominated collection locations.



120. The current two way design of Elger Street, with the provision of on-street parking along the northern side, is considered acceptable by the Waste Management and Traffic Operations Units to accommodate the collection. An appropriate condition is recommended governing any changes that might be proposed to kerbside parking restrictions.

121. Council is currently investigating changes necessary to formally adopt the extension of Elger Street from the intersection with Stirling Street to the intersection with Bay Street as a one way street. One way traffic flow would be consistent with the one way traffic arrangements of Wentworth Street to the north and Queen Street to the south, and would improve the safety and operations of waste and removalist vehicles in the street.

Acid Sulphate soils

122. The site located is classified as containing Class 2 and Class 5 acid sulphate soils and is between 6m to 8m above sea level. The City’s Health and Building Unit have reviewed the information submitted to date and consider that an Acid Sulphate Soils Management Plan is require due to the depth of excavation and the potential for the water table to be lowered. An appropriate condition of consent is recommended to address this.

Access

123. Access for disabled persons can be provided to the premises.

Other Impacts of the Development

124. The proposed development is capable of complying with the BCA.

125. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

Suitability of the site for the Development

126. The proposal is of a nature in keeping with the overall function of the site. The proposal is part of a site identified for higher density residential redevelopment including the provision of both social, affordable and market housing and amongst similar residential uses to that proposed.

INTERNAL REFERRALS

127. The application was referred to Council’s:

Heritage and Urban Design Specialists;

Landscaping Specialist;

Building Services Unit;

Environmental Health Unit;

Public Domain Unit;



Specialist Surveyor;

Transport and Access Unit;

Traffic Operations Unit; and

Waste Management.

128. No objection to the amended proposal was raised, subject to the imposition of appropriate conditions. Where appropriate, the recommended conditions have been included in the recommendation of this report.

EXTERNAL REFERRALS

NSW Department of Primary Industries - Water

129. The geotechnical information submitted with the application indicates that the proposed excavation works for construction of foundations may encounter groundwater.

130. The proposal is a Crown Development Application and pursuant to Clause 90 of the Environmental Planning and Assessment Act 1979 is not subject to the Integrated Development provisions of the Act.

131. However, due to the possibility of some aquifer interference the application was forwarded to the NSW Department of Primary Industries (DPI) – Water for review and comment on 23 December 2015.

132. A written response was received 9 May 2016 from DPI Water advising that the project as it has been presented does not require a specific authorisation under water management legislation. They note however, should the proposed development be varied in any way that results in more substantial excavation, or if greater than expected groundwater inflows are encountered, DPI Water is to be notified so that the project can be reassessed having consideration of the changed circumstances. A condition of consent is recommended to address such an occurrence.

Notification, Advertising and Delegation

133. In accordance with Schedule 1 the Sydney DCP 2012, the proposed development is required to be notified and advertised. As such, the application was notified and advertised for a period of 21 days between 18 December 2015 and 15 January 2016. As a result of this notification, there were 27 submissions received.

134. The submissions raised the following issues:

Scale, relationship, and loss of solar access to Queen Street residences

(i) The location of the 9 storey tower adjacent the existing 2 storey residential properties on Queen Street demonstrates an absence of any built form transition.

(ii) The proposed setback of Block D does not comply with the ADG separation requirements.



(iii) No details are provided for the blank south elevation of the tower fronting Bay Street.

Response – The proposed development of the GAHP site was the subject of a masterplan, including building layouts that were used to formulate the development controls adopted in both the LEP (GAHP) 2011 and the DCP (GAHP) 2011. These controls currently provide for a building of up to 10 storeys to the Bay Street frontage and for development up to 8 storeys adjacent the southern boundary with properties along Queen Street. The masterplan, controls and the Stage 1 approval for the site were formulated before the adoption of the ADG under SEPP 65. Despite this the applicant has amended the proposal to reduce the proposed built from to Bay Street, proposing 9 storeys, which is setback 3m from an 8 storey street edge. Further amendments have been made to reduce the scale of built form to the southern boundary through relocating the taller stair and lift core elements further from the southern boundary than the minimum 6m setback. An external treatment for the southern elevation of the tower fronting Bay Street has been submitted, providing fibre cement panel and translucent glass panel detailing. A condition of consent is recommended requiring the detailed design, materials and colours of this elevation to be submitted for approval prior to construction commencing.

Amenity of units

(i) The apartments will be little more than cells for aged and disabled residents due to very small bedrooms, bathrooms and .kitchens.

(ii) Most bedrooms have no direct light.

(iii) Units fronting Bay Street will be subject to significant traffic noise.

(iv) Do not appear to be laundries or drying facilities.

Response – All of the apartments meet the minimum sizes specified in the ADG. Both Block B and Block D are sited and orientated to maximise northerly aspect to living areas and bedrooms, as well as a high proportion of bedrooms being provided with private balconies. The application included an acoustic assessment of the development, which confirms that Noise intrusion from traffic associated with surrounding roadways will comply with Australian Standard AS2107:2000 noise criteria on the proviso that the acoustic treatments detailed are adopted. A condition of consent is recommended to require these to be adopted. All units contain a small laundry sink and provision for a washing machine and all units contain a balcony and have access to roof top terraces for drying facilities.

Impact on adjacent heritage conservation area

Response – The proposal has been amended to adopt additional face brick, metal balustrades, perforated metal screens, and more industrial awning structures, which better reflect the warehouse and light industrial character of the sites to the east and north, and improve the compatibility with the heritage conservation areas to the south and west.



No car parking provisions

Response - The car parking provisions of the LEP (GAHP) 2011 are maximum provisions, such that there is no requirement to provide off-street resident parking. The site is located in close proximity to public transport services. A condition of consent is recommended requiring a Transport Access Guide to be prepared and maintained for residents and visitors to the development.

Elger Street will allow flow of traffic from Bay Street into Glebe

Response – On 15 October 2012, Council resolved to close two portions of Elger Street (cul-de-sac head), with the closed portions to be transferred to LAHC in exchange for the dedication and extension of Elger Street to Bay Street. No change was adopted to the current two way direction of traffic on Elger Street for the proposed extension. The City’s Traffic Operations Unit and Public Domain Unit confirm that the design plans approved for the construction of Elger Street is for traffic to be two-way.

The proposal does not involve works to Elger Street, the construction of which has already been addressed under a separate approval. However, the City’s Traffic Operations Unit is currently investigating changes necessary to formally adopt the extension of Elger Street from the intersection with Stirling Street to the intersection with Bay Street as a one way street, which if approved will address the concerns raised.

Roof gardens will generate noise and privacy issues and will not be managed

Response – The roof gardens have been designed with 1.2 metre balustrades and perimeter planting tubs to provide edge protection. They also serve to provide privacy and noise mitigation. Recommended conditions of consent address both the detailed design and maintenance of the rooftop communal garden areas.

Development will do little to address affordable housing shortage as it provides only a few more social housing units than previously provided on the site

Response – The proposed development of Block B and Block D provides for a total of 158 social housing units, and the Stage 1 approval earmarks development of a further 90 affordable housing and 250 market housing units on the total GAHP site. The previous development on the site provided a total of 134 social units. A separate DA has yet to be submitted for the “affordable housing” units in the balance of Block B. The proposal is considered to make a significant contribution to addressing affordable housing shortfalls.

Effects on gum tree in rear yard of 7 Queen Street

Response – The proposed development of Block D within the GAHP site does not neighbour 7 Queen Street, which is further to the west. However, an appropriate condition of consent is recommended to address protection of trees during excavation in close proximity to the rear yards of properties along Queen Street.



PUBLIC INTEREST

135. It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being proposed.

FINANCIAL IMPLICATIONS/S94 CONTRIBUTION

Section 94 Contributions

136. The development is proposed and to be owned by the LAHC for a not-for profit provision of social housing, and as such not subject to a Section 94 Contribution under the Merit exemptions provided in 2.14 of the City of Sydney Development Contributions Plan 2006.

RELEVANT LEGISLATION

137. The Environmental Planning and Assessment Act 1979.

CONCLUSION

138. The application seeks approval for the construction of two residential flat buildings, comprising a total of 158 social housing apartments.

139. The proposal has been amended during the assessment to address concerns relating to the architectural detail and expression, the massing of proposed Block D to Bay Street, and the solar impact in relation to neighbouring residential development to the south. Appropriate conditions of consent are recommended to require, among other things, the detailed designs of external elements, landscaping, external materials, and colours to be submitted for approval.

140. The proposed apartment designs have been assessed against the principles of SEPP 65 and the ADG, and found to provide acceptable levels of amenity for future residents.

141. The proposal is not consistent with the Stage 1 DA D/2013/412, in respect of the approved height in storeys and maximum building heights. A Section 96 application has been submitted and will be presented to the CSPC on 23 June 2016. If the Section 96 modification is approved, the proposal will be consistent with the Stage 1 approval, as amended.

142. The detailed design has responded to the constraints of the site and is considered to be a satisfactory design outcome that is appropriate for its siting within this urban renewal area

143. Subject to the CSPC approving the modification to the Stage 1 (D/2013/412/A), the development application is recommended for approval subject to conditions.



144. As a Crown development application, consent must not be refused without the approval of the Minister. Similarly, conditions of consent must not be imposed without the consent of the applicant or the Minister. The recommended conditions of consent have been forwarded to the applicant and their written agreement obtained.

GRAHAM JAHN, AM Director City Planning, Development and Transport

(Alistair Smith, Senior Planner)

planning and development committee - 21 june 2016 - item 8

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