253 – 255 Oxford Street Bondi Junction – 14 storey office building (DA 334/2009)

Report dated 19 May 2010 from the Development and Building Unit.

DBU Recommendation: That the application be approved in accordance with the conditions contained in this report.IHAP Recommendation: That the application be approved in accordance with the conditions contained in this report.

Referred to IHAP / DCC given the number of submissions received.Development Assessment Report

Development Application No. 334/2009Address 253 – 255 Oxford Street Bondi Junction

(Lot 1 DP 795731 & Lot 3 DP 4271)Lodgement Date 29 June 2009Proposal Demolition of two existing buildings and

construction of a 14 storey office and retail building with basement parking.

Zoning and relevant controls Zoning - Business General 3(a2) - Wollahra and Waverley Joint LEP 1991 and B4 Mixed Use - Bondi Junction Centre LEP 2010 was gazetted Friday 7 May 2008

Owner / Applicant NCN Investments Building Classification Class 5 (commercial), Class 6 (retail) and Class 7

(basement car parking)Submissions Eighteen (18) submissionsIssues Conflict old and new planning controls.

Floor Space Ratio, Height, Car parking, Views, Shadows and Road Works.

Recommendation ApprovalSite Map

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1. PREAMBLE

1.1 The Site and its Locality

The site is located on the southern side of Oxford Street between Bondi Road and Adelaide Street/Hollywood Avenue. The site is within the Bondi Junction Centre on its north east edge.

There are two buildings on the site; a three storey building on 255 Oxford Street and nine storey building on 253 Oxford Street. Both building comprise ground floor retail and commercial office (mainly medical suites) in the upper levels.

The site has a primary frontage to Oxford Street of 28m and a secondary rear frontage of 24m to Pine Lane. The site has an area of 1171sqm.

A number of high density residential, retail and commercial uses surround the site. Approximately 250 metres to the west of the site is the Bondi Junction bus and rail interchange.

1.2 Background

The recent development history of the site includes the following applications.

BA 370/1994 – Alterations and additions for office fitout.BA 463/1994 – Construction of entrance hallway.DA 375/1997 – Construction 9 storey development at 255 Oxford Street (withdrawn)DA 195/2006 – Change of use, convenience store/internet shop.

Apart from the above there is no recent development history applicable to the subject site.

1.3 Proposal Description

This application proposes demolition of all existing structures on the site and the erection of a 14 storey commercial/retail building with basement parking for 69 cars.

The proposal consists of:

Basement level 2 – 24 car parking spaces (4 disabled), bicycle parking, lifts, stairs, plant.

Basement level 1 – 21 car parking spaces (3 disabled), motorbike parking, lifts, stairs plant.

Ground floor – Retail area, lift lobby (Oxford Street), 12 car parking spaces, bicycle parking, security, amenities, fire stairs.

Mezzanine – Amenities area, lift lobby, 12 car parking spaces, motorbike parking, bicycle parking, fire stairs.

Level 1 – Commercial offices, vehicular access to Pine Lane, loading dock facilities, lifts, amenities, switch room, bin storage areas, substation, fire stairs.

Level 2 -13 – commercial offices, lift lobby, amenities, fire stairs.

The proposal includes 225 square metres of retail space and 5851 square metres of commercial office. The proposed building will have a height of 55m.

The rear of the building faces Pine Lane (a service lane). Council proposed a 3m dedication of land in Pre DA discussions to allow lane widening and this has been incorporated into theproposal.

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2. Assessment

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

Key Issues – Floor Space and New LEP

Bondi Junction Centre LEP 2010 (BJLEP 2010) was gazetted 7 May 2008. This LEP provided for saving provisions, so the controls for the assessment of this application are still those at time of lodgement. Nevertheless, the adoption of this LEP has resolved uncertainty regarding future development expectations for this site. In particular, the BJLEP 2010 provides for a floor space ratio of 6:1 and height control of 60m.

The subject site was located in the Business General 3(a2) zone under the Waverley Woollahra Joint Local Environmental Plan 1991 (WWLEP) at lodgement of the application.

The proposal will have a gross floor area of 7026 square metres and a floor space ratio of 6.0:1 in accordance with the requirements/definitions of the BJLEP 2010 and a gross floor area of 7732 square metres and a floor space ratio of 6.6:1 in accordance with the requirements/definitions of the WWLEP.

The variation in the floor space ratio arises out of a change in the definition of gross floor space area between the old and new control. The old control measured gross floor space from the outer face of the building’s wall i.e. the external façade. Whereas, the new control measures gross floor space from the inside face of the wall i.e. the actual floor space excluding external building structure.

This scheme addresses the new floor space control for the site of 6:1 under BJLEP 2010.

Nevertheless, as the relevant control for the assessment of this application is the control at time of lodgement, the applicant has lodged a State Environmental Planning Policy No 1 (SEPP 1) – Development Standards seeking a variation to the old floor space ratio control.

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

2.1.1 State Environmental Planning Policies

State Environmental Planning Policy (Infrastructure) 2007

Clause 86 of the Infrastructure Policy requires Development Applications for development within 25 metres of the Rail corridor and with ground penetrations greater than 2 metres to be referred to the Rail Authority for review.

The State Policy also provides a map indicating those sites affected by the Rail corridor in terms of the requirements of the policy.

The subject site/s just outside of the designated corridor area and does not require referral to RailCorp. Nevertheless, a condition requiring notification / consultation with RailCorp is recommended.

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State Environmental Planning Policy No 1 - Floor Space Ratio (FSR)

The applicant has submitted an objection, pursuant to SEPP 1 to the 3:1 floor space ratio control for the site under Clause 14 of WWJLEP.

The definitions for ‘Floor Space Ratio’ and ‘Gross Floor Area’ are in accordance with the adoption by the current WWJLEP of the Environmental Planning and Assessment Model Provisions 1980.

In accordance with the current WWJLEP the total development has been assessed with a floor area of 7732 square metres, a total floor space ratio of 6.6:1 to site area. This was assessed in accordance with the previous definition for calculation of gross floor area. This definition was calculated to the external face of the external wall.

The new definition for calculation of gross floor area is now calculated to the internal face ofthe external wall. Using this definition the gross floor area of the site is 7026 square metres and results in a floor space ratio of 6:1 under the BJLEP 2010. The proposal complies with this control.

In terms of the WWJLEP the applicant seeks a variation (increase) of 3.6:1 to the existing total FSR of 3:1, currently applicable to the site.

Of importance, the BJLEP 2010 proposes a floor space ratio of 6:1 within the B4 Mixed Use zone.

The proposed height for the building is 55 metres; the current height control in accordance with the Waverley Development Control Plan 2006 – F1 Bondi Junction Commercial Centre, whereas the BJLEP has an overall height requirement of 60 metres. The proposed height complies with the relevant control and is lower than the current BJLEP height control.

The proposed building is consistent with surrounding high-rise development. The site is also located in the north-eastern projection of the main commercial centre that follows the main ridge line of the Bondi Junction locality. This area has a historic pattern of taller and bulkierbuildings, massed on the ridge line. The current new zoning and height controls reinforce this pattern. Taller and bulkier buildings are existing and are proposed to be massed on or around the Oxford Street ridge line. The subject site is also currently under-developed in terms of neighbouring buildings and in respect to the new controls for the site. The site presents as the ‘missing tooth’ in its Oxford Street streetscape.

The height of the building is satisfactory in terms of its presentation to the Bondi Junction streetscape, the scale of adjoining buildings and in general urban design terms.

The subject building is considered to be skillfully designed and it provides for a high-quality addition to its streetscape. The building has also been designed with various energy efficiencies initiatives and is considered to be able to address the ESD controls in the DLEP.

In a broader strategic sense, the building provides for high-quality commercial floor space and addresses the objectives of promoting the commercial amenity of Bondi Junction. The site is also well located in terms of the Bus Rail Interchange.

The substantial impacts of the building relate to solar access and view loss to the residential towers to the south of the site, in particular units within the ‘Oscar’ towers located behind the site on the corner of Hollywood Avenue and Waverley Street. Many of these units above level 7 of this building have good views and solar access over the existing site. The proposed building will have a substantial impact on many of these units.

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This impact is considered reasonable given the new controls but not under the existing floor space controls, given the significant variation in the floor space controls.

The building is very reasonable on many technical levels but its impacts on views and the aspects of units to the south is so significant that the only reasonable approach was to wait till the gazettal of the new controls. This was to ensure that there is certainty as to the strategic planning justification for this impact, which there now is, as the BJLEP 2010 was gazetted 7 May 2008.

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

The land use is consistent with that approved for the site, permissible and considered acceptable in the site’s zoning. The site is currently zoned Business General. This is the core commercial zoning in Bondi Junction.

The proposal’s floor space control is summarised below.

Control Standard Proposed Compliance Floor Space Ratio(Site Area 1171sqm)

3.0:1 6.6:1 No

The buildings to be demolished do not have heritage significance and are not considered worthy of retention.

The applicant has submitted a SEPP 1 Objection to the variation sought to the site's floor space control (see comments under 2.1.1 above).

The application has been assessed having regard to the relevant provisions of the WWLEP 1991 and is acceptable.

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2.1.3 Waverley Development Control Plan 2006, Part F1 and Part I1 – Land Use and Transport - Bondi Junction Commercial Centre

COMPLIANCE CHECK

Control Standard Proposed ComplianceSkyline a. Development should

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

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

Development reinforces the built form.

No adverse impact envisaged on the skyline.

Yes

Yes

Massing Building above 3 storeys to have podium and tower element

Podium to align with street

Tower setback at least 3m from boundary, with no walling to street

Tower to maintain reasonable access to sunlight, views and air movement

Incorporate variations to its vertical form

Consistent

Consistent

Tower setback 3m from Oxford Street.

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

Yes

Yes

Yes

Yes

Yes

Height 55m (60m BJLEP)

55m Yes

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COMPLIANCE CHECK

Roofline (motor and plant rooms)

Designed as an integral part of the building

Yes

Façade Treatment Façade design addresses street

Design has regard for character, proportion, scale, materials & colour

Yes

Yes

Access to Buildings Consideration of access design for older people, young children, parents carrying babies in strollers and people with disabilities

Access and services are provided

Yes

Solar Access Development should not cause additional overshadowing on land and building in surround residential zones or on public open space

Additional overshadowing supported if within the FSR control

New buildings must be accompanied by shadow diagrams

Shadow diagrams submitted with the application indicate that during the winter solstice there will be an amount of additional overshadowing out and over Oxford Street during winter.

No – See SEPP 1 discussion

Yes

Yes

Wind Effects Buildings shall not create uncomfortable or unsafe wind conditions

Satisfies control

Reflectivity Development shall minimise adverse solar reflection

Mirrored glass not to be used on exteriors

Yes

Yes

Energy Efficiency in Buildings

Accompanied by an energy performance report

Yes

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COMPLIANCE CHECK

Bus/Rail Interchange

Incorporate public space, contiguous in level with Oxford Street to ensure optimum connectivity between the Centre and transport node

Provision is made in the design and structure of the building for the implementation of a pedestrian link from Oxford Street to Grosvenor Lane

Yes

Waverley DCP 2006 – Part I1 – Land Use and Transport

COMPLIANCE CHECK

Control Standard Proposed ComplianceCarparkingOffices, commercial premises & professional consulting rooms

1 space per 100sqm(7056 sqm – 71 spaces)

(65 spaces) – includes visitor and disabled

No – see Car Parking comment

Shops/Retail 1 space per 60sqm0.8 - disabled(225 sqm – 4 spaces)

(4 spaces)

Total provided: 69 spaces

Yes

Total 76 spaces 69 spaces No Bicycle ParkingCommercial & Retail

All major development to provide secure signposted bicycle, motorcycle parking

Secure bicycle and motorcycle bays areprovided in the basement car park together with the provision of motor cycle parking. Separate males and female change / WC facilities are also provided.

Yes(Separate, secure bicycle/motorcycle areas are provided)

Loading Facilities Offices with greater than 400m²Shops with greater than 100m²

2 loading spaces are required

A loading dock is provided with access off Pine Lane providing 2bays for medium sized trucks

Yes

Accessible Parking 10% of total A condition in this regard is recommended

Yes

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2.1.4 Other Matters

Car Parking / Traffic

The site is just outside an area nominated in WDCP (see Part I cl 3.4) for reduced car parking provision because of proximity to public transport and the pedestrian dominated character of the adjoining public domain. The quantum of car parking proposed is actually considered substantial given the location of the site and the nature of the local road system i.e. access off a constrained rear lane. The level of under-provision with Council’s parking controls is minor (7 spaces) and supported in this instance.

The application was referred to the Local Traffic Committee on 29 October 2009. TheTechnical Report provided to the Committee raised no objection to the development on traffic or parking ground (the under provision was accepted), however the recommendations from the Committee requested extensive traffic works – see later discussion in Referrals section of this report.

Views

The subject site currently is under developed, relative to its immediate neighbours on Oxford Street. The site currently provides for a ‘gap’ in the Oxford Street streetscape and high-rise residential units to the south enjoy views to the harbour and an aspect over the site.

‘Oscar’ towers located behind the site on the corner of Hollywood Avenue and Waverley Street is the most severely impacted building. Units within the Oscar residential flat development (2A Hollywood Avenue) were visited in the course of this assessment. This development comprises two (2) tower forms, one tower A directly behind the subject site fronting Hollywood Avenue and another lower, tower B fronting Waverley Crescent.

Units in tower A from approximately level 7 upwards will be impacted by the development, in terms of a loss of their north aspect over the site and, in particular, the loss of harbour views. Lower units generally do not have harbour views and would be impacted in terms of a loss of solar access only. The view loss impacts were considered to be most acute from levels 7 to 15 for those units that enjoyed an aspect over the subject site. In particular, the proposal would result in a loss of significant harbour views for some units, such as a view of Clark Island. However, higher level units such as those on level 15 also had access to alternative views to the coast that would not be affected by the proposal.

In respect to tower B there was a similar pattern of impact in terms of view loss, that being units on levels 7 to 12 with an aspect over the site would be impacted in terms of their harbour view and higher level units had access to alternative coastal views. However, tower B was well setback from the subject site and shadow impacts on this tower were much less than tower A and the harbour views available to these units are more generally not as extensive, e.g. available from portions of the balcony areas only, as those available to tower A.

The view loss and solar access impacts of the development are significant but commensurate with the now gazetted planning controls for the site (noting that the current controls provide for a 55 m height limit).

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ESD / Energy Efficiency Rating

Part of the documentation submitted with the application provided a report that investigated ESD strategies for the subject development.

As a result of the ESD initiatives the building will achieve the equivalent of a 4 (four) Star rating under the Green Star Office design v3 tool. This satisfies Council requirements and a specific condition has been applied.

Public Domain

The proposal provides for streetscape upgrades to Oxford Street including new 300mm x 300mm concrete unit paving to all footpaths and pram crossings with new tree pits for the existing street trees that are to be retained.

Streetscape works to Pine Lane include new concrete driveway crossings for the basement car park and loading dock as well as new concrete footpaths.

All works are to be completed in conjunction with the draft Waverley Council Bondi Junction Public Domain Technical Manual, June 2008.

3. REFERRALS

3.1 Internal

Waverley Traffic Committee

The Traffic Committee considered the following report on the proposal at its meeting on 29 October 2009.

“253-255 Oxford Street, Bondi Junction – Development Application for Construction of 14 Storey Retail / Commercial Building (DA334/2009)

Report dated 23 September 2009 from the Divisional Manager, Technical Services about a development application for the demolition of existing 3 storey and 9 storey buildings at 253-255 Oxford Street, Bondi Junction and construction of a new 14 storey retail/commercial building with four levels of car parking.

Council’s Proposal: That:

1. There be no objections to the development at 253-255 Oxford Street, Bondi Junction on traffic or parking grounds.

2. An amended Construction Vehicle Plan of Management be submitted to Council for approval prior to demolition commencing on the site detailing the route to be taken by construction related vehicles when leaving the site and detailing the type and size of vehicles that will access the site during both the demolition and construction phases.

3. Prior to occupation, the 3.0m wide strip of land along the Pine Lane frontage required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

4. Convex mirrors be installed within the site in the vicinity of the ingress/egress driveway serving the off-street car parking areas to allow drivers exiting the site to

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view pedestrians and vehicles approaching the site along Pine Lane from either direction.

Purpose of ReportAn application has been lodged with Council detailing a proposal to demolish an existing 9 and 3 storey buildings at 253 – 255 Oxford Street, Bondi Junction and construct a new 14 storey retail/ commercial building.

This report is coming before the Committee as it is a requirement of the Waverley Development Control Plan 2006 to refer developments of this size to the Committee for comment prior to determining the application.

Council is not required to exercise its delegated functions to implement the proposal.

IntroductionThe site is located on the southern side of Oxford Street at the eastern end of the Bondi Junction CBD area between Hollywood Avenue and Bondi Road/ Syd Einfeld Drive.

The property has frontages to Oxford Street and to Pine Lane at the rear.

The application proposes the demolition of two existing 40 year old buildings and the construction of a new 14 storey building with 225sqm of leasable retail floor area at the Oxford Street level and 6001.3sqm of leasable commercial floor area on the remaining floors above.

Car parking for a total of 69 cars with driveway access off Pine Lane is proposed in two basement level car parks; on part of the ground floor and on part of a mezzanine level.Loading facilities catering for two small rigid vehicles are proposed off Pine Lane.

The site is affected by a 3.0m wide strip of land along the Pine Lane frontage for road widening purposes. The application has allowed for the widening in the application.

A “Transport Impact Assessment” prepared by GTA Consultants has been submitted with the application and relevant parts are attached to this report.Relevant plans of the development are also attached.

Technical Analysis

The following comments are made in regard to the proposed development:

Car Parking ProvisionRequired number of car parking spaces in Bondi Junction DCP :75Number of car parking spaces being provided off street: 69 (including 9 small car spaces)

Comment: Having regard to the site being well served by public transport including rail and bus and bicycle routes, the minor shortfall in the quantum of parking is considered acceptable as a reduction in car parking spaces will lead to a decrease in private motor vehicle usage into and out of the Bondi Junction CBD area.

No objections are raised in regard to the proposal for 9 small vehicle parking spaces (13% of the total number of car spaces) exceeding the 2% maximum as this will lead to smaller, more fuel efficient cars being parked.

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The design of the car parks is consistent with the dimensional and gradient requirements contained in AS 2890.1:2004 – Off Street Car Parking.

The proposal will not result in any reduction of the number of on-street parking spaces on either Oxford Street or in Pine Lane.

Disabled Parking Provision

Number of Disabled Parking spaces Required (10%) : 7Number of disabled spaces being provided in basements : 7

Bicycle Parking Facilities

Number of Bicycle parking spaces required ( 1/ 10 car parking spaces) : 7Number of bicycle parking spaces provided in basements : 48Toilet and shower facilities are being provided on two levels of the basement car parking for use by employees.

Motor bike Parking Facilities

No. of Motor bike parking spaces required (1% of car parking spaces) : 7No. of motor bike spaces being provide in basements : 7

Loading Facilities

Number of Loading Bays required in DCP : 2Number of Loading Bays being provided : 2The loading bays have access off Pine Lane and cater satisfactorily for the standing of 2 small rigid vehicles with regard to bay length and clearance height as per AS 2890.2-2002 Part 2 – Off street commercial vehicle parkingService vehicles will be required to reverse into the dock from Pine Lane and then be driven out in a forward direction.

Pedestrian Facilities

Pedestrian facilities in the vicinity of the development are considered satisfactory and no improvements or changes are warranted.

Traffic Generation and Impact on Surrounding Road Network

The consultant assesses traffic generation rates for the development as follows:

Estimated vehicle Movements per hour (am peak) : 54Estimated vehicle movements per hour (pm peak) : 58

The consultants report assesses the impact of traffic movements being generated by the development on 4 key signalised intersections in the vicinity of the site.

The intersections are:

Oxford Street/ Hollywood avenue Waverley Street/ Hollywood avenue Bondi road/Waverley street/Council Street Syd Einfeld Drive/Oxford street/Bondi road/Old South Head Road

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Using SIDRA software to model the impact traffic generated by the development will have on the above intersections in both post and pre development, the outcome of the analysis shows the impact on the intersections to be minimal with only minor increases in vehicle delays and queue lengths.

The level of service of the intersections remains unchanged.

Comment:No objections are raised to the findings of the consultant’s analysis.

The consultant did not undertake an assessment of the operation of the intersection of Hollywood Avenue and Pine Lane, the intersection that will be used by the majority of drivers to gain access to and from the site.

The intersection is a “T” intersection with a median island constructed on Hollywood Avenue limiting movements to and from Pine Avenue to left in, left out.

The intersection during observations in both the a.m. and p.m. peaks operates satisfactorily with minimal delays. It is considered the intersection will continue to operate satisfactorily post development.

Construction Vehicle Plan of Management

A plan of management prepared by consultant Neustein Urban has been lodged with the application.

The plan addresses construction vehicle movements to the site and not from the site.

An amended construction vehicle plan of management will be required prior to the release of a Construction Certificate.

Pine Lane Road Widening

A 3.0m wide strip of land is required by Council for road widening purposes along the full Pine Lane frontage of the site.The application makes provision for the widening with the building being set back accordingly.

Property 251 to the west of the site and 257 to the east of the site have been constructed to cater for the 3.0m widening.Pine Lane in front of 251 Oxford Street has already been widened.

Financial Information for Council’s Consideration

There is no financial consideration for Council.

Council’s Proposal: That:

1. There be no objections to the development at 253-255 Oxford Street, Bondi Junction on traffic or parking grounds.

2. An amended Construction Vehicle Plan of Management be submitted to Council for approval prior to demolition commencing on the site detailing the route to be taken by construction related vehicles when leaving the site and detailing the type and size of vehicles that will access the site during both the demolition and

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construction phases.

3. Prior to occupation, the 3.0m wide strip of land along the Pine Lane frontage required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

4. Convex mirrors be installed within the site in the vicinity of the ingress/egress driveway serving the off-street car parking areas to allow drivers exiting the site to view pedestrians and vehicles approaching the site along Pine Lane from either direction.”

In respect to the above report the Traffic Committee resolved as follows:

WTC-0910.TEAC1253-255 Oxford Street, Bondi Junction – Development Application for Construction of 14 Storey Retail / Commercial Building (DA334/2009)

Report dated 23 September 2009 from the Divisional Manager, Technical Services about a development application for the demolition of existing 3 storey and 9 storey buildings at 253-255 Oxford Street, Bondi Junction and construction of a new 14 storey retail/commercial building with four levels of car parking.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That:

1. Having regard to there being an increase in vehicle movements generated by the development and a deficiency in the provision of onsite car parking, the applicant undertake and meet the cost of the following:

(a). A design review and construction of the roadway alignment on the southern side of Oxford Street in order to provide two lanes of traffic from the existing indented bay, west, to Hollywood Avenue.

(b). In conjunction with Clause (a) above, adjust the traffic signal on Oxford Street at the intersection of Hollywood Avenue to allow for a “B-phase” and a bus only lane for westbound traffic.

2. The applicant be advised that the works outlined in Clause 1 would need to be completed to Council’s satisfaction before consideration is given to the provision of a construction zone on Oxford Street outside the site.

3. The Committee notes that subject to the works outlined in Clause 1 being completed, the State Transit Authority has in principle given a commitment to reinstalling the bus stop on Oxford Street, in front of the site.

4. The Committee also notes that the works outlined in Clause 1 will improve pedestrian safety.

5. An amended Construction Vehicle Plan of Management be submitted to Council for approval prior to demolition commencing on the site, detailing the route to be taken by construction related vehicles when leaving the site and detailing the type and size of vehicles that will be used during both the demolition and construction phases. The Committee advises the applicant that the preferred route to be taken by construction related vehicles when leaving the site be from Pine Lane, left into Hollywood Avenue, left into Waverley Street and then onto Bondi Road/Council Street.

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6. Prior to occupation, the 3m wide strip of land along the Pine Lane frontage required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

7. The development application satisfies Part I1, Section 6.4.3 of the Waverley Development Control Plan 2006 regarding pedestrian safety at the point of vehicle access to the site.

Comment

The works to Oxford Street and the new traffic light at the intersection of Hollywood Avenue requested by the Traffic Committee lack a planning nexus to this development. In discussion with the Council’s Traffic Engineer, the widening suggested for Oxford Street is partly so that a proper construction zone can be provided in front of the site because the rear access off Pine Lane is inadequate for a building of this size. This is considered reasonable on planning grounds. There may be some good traffic reasons to remodel the south side of Oxford Street to its intersection with Hollywood Avenue and put in a new traffic light, however these reasons are not a direct result of this development (given Council’s own technical report) and can not be imposed as conditions of consent.

Revised conditions of consent reflecting the above comments are recommended.

Waste Management

Environmental Services advise that no objection is raised subject to conditions.

Technical Services

Technical Services raised no objection subject to specific conditions.

Building Code of Australia Compliance

The Senior Building Surveyor – Fire Safety raised no objection subject to specific conditions of consent.

Environmental Health

Council’s Senior Environmental Health Officer raised no objection subject to specific conditions of consent.

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

The impacts of the approved development are considered acceptable.

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

The site is suitable for the form of development proposed.

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4. PUBLIC SUBMISSIONS

The application was notified/advertised for 30 days in accordance with Development Control Plan 29 – Advertising and Notification of Development Applications.

Eighteen (18) submissions were received.

One of the submissions was prepared by a consultant Town Planner on behalf of the owners of the ‘Oscar’ 2A Hollywood Avenue, ‘Harley Place’ 251 Oxford Street and ‘Harbourview’ 257 Oxford Street.

The following issues arise in terms of the submissions received.

Overshadowing/Solar access

Comment:Assessment of the detailed solar analysis documentation lodged with the application for the winter solstice (21 June) in terms of ‘Oscar’ 2A Hollywood Avenue indicate that the north-east façade of 2A Hollywood Avenue experiences increased overshadowing from the proposed development for 4 hours between 9am and 1pm whilst the north-west façade experiences overshadowing for 2 hours between 9am and 11am. The documentation indicates that lower levels (one to six) on the north-east corner of that building, being 6 apartments will be significantly affected by the development during this period. However, these apartments will still receive over 3.5 hours of sunlight at this time from 8am to 9.30am and then from 2pm to 4pm.

Further, the submission raised concern about the loss of sunlight to the central garden/swimming pool/sport pavilion on the rooftop of 2A Hollywood Avenue. The assessment indicates that proposed development will not overshadow this particular area. Any overshadowing to this area is the result of existing surrounding buildings.

With regard to ‘Harley Place’ 251 Oxford Street the north-east corner of this building is overshadowed at 8am. The extent of overshadowing is significantly reduced at 9am and at 10am the building does not experience any overshadowing as a result of the proposal.

In terms of 1 Waverley Crescent, this site currently experiences a significant amount of overshadowing from the existing high rise at 251 Oxford Street. Overshadowing from the proposed development will affect 1 Waverley Crescent after 1pm on 21 June. Initially the north-west corner of the building is affected and after 2pm the entire building is affected. The analysis clearly indicates that the overshadowing is caused by the lower levels of development on the subject site, particularly any development extending above 5 storeys. The significant impact will be to 3 apartments on the north-west corner and they will receive 2 hours of sunlight at the winter solstice.

An objection was also received from 18-34 Waverley Crescent in terms of overshadowing. This site is located a considerable distance from the subject site and is not affected by shadows caste from the proposed development.

Views

Comment:See comments under 2.1.4 Other Matters Streetscape / Urban Design – Views.

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Increased traffic congestion, Traffic impact on Pine Lane, Parking problems, Traffic impact on Waverley Crescent

Comment:In terms of the above issues the application was referred to the Local Traffic Committee on 29 October 2009. The Committee provided comment raising no objection to the proposal and included conditions to be applied to any Consent issued for the development.

Visual privacy

Comment:The visual privacy issue is particularly noted in terms of the adjoining residential high rise buildings at 251 Oxford Street and 257-269 Oxford Street. The proposed design has carefully considered possible visual privacy issues that may arise as a result of the proposed development.

The stepped façade to the east and west of the building is constructed of translucent glass enabling diffused light to enter the building whilst the frosted elements prevent views into adjoining properties, this provides controlled views. The clear glass returns on the stepped façade direct views from the building to the CBD and Sydney Harbour.

It should be noted that the proposal is for a commercial tower building. Commercial buildingsare generally not occupied at night or on weekends when a high level of privacy is required by adjacent residential buildings.

Privacy issues have also been raised by the occupants of 1 Waverley Crescent. The WDCP requires separation distances between commercial and residential to be 9.0m from ground to level 5 and 18.0m for towers. 1 Waverley Crescent is a 3 storey development, hence the separation distance is 9.0m. Level 2 of the proposal aligns with the ground floor of 1 Waverley Crescent and has a 9.0m setback. The majority of the proposed building is setback 9.0m from the centre of Pine Lane and satisfies the WDCP.

Non compliance with FSR, Overdevelopment of site, FSR departure

Comment:See comments under 2.1.1 State Environmental Planning Policy No 1 Objection -Development Standards.

Excessive building height

Comment:In accordance with the WDCP height map the height limit within the Bondi Junction core zone is 55 metres. The subject development proposes a height of 55 metres and complies with the requirements. It should be noted that the Draft WLEP proposes a height in that locality of 60 metres.

The height of the proposal has been designed to align with the adjacent buildings at 251 and 257 Oxford Street.

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Wind impact

Comment:Assessment of the wind environment impact analysis submitted with the application indicates that the proposed development will not have any adverse wind effects or provide any adverse effects on the existing wind conditions in the local surrounding streets and pedestrian footpaths.

Dilapidation report/ Photographic survey

Comment:A suitable condition of consent has been applied. A limited photographic survey of the existing building is recommended as they are not heritage items or in a conservation area.

Pine Lane building setback

Comment:The objections state that the proposed development is not ‘in line’ with existing buildings in Pine Lane. Discussions were held with the applicant prior to lodgement of the application to advise that the proposed development is required to provide ‘a 3.0m wide strip of land to be dedicated to Council for road widening purposes’ to the Pine Lane frontage of the subject site.

The plans submitted with the application provide this required setback.

This land dedication will enable Council to widen Pine Lane in order to improve vehicle access and manoeuvring.

Use of Draft controls

Comment:It is a requirement of the EP&A Act that both a Draft LEP and the existing LEP be used to assess the development application.

Inadequate construction management plan

Comment:A suitable condition of consent has been applied.

Economic demand

Comment:The site is suitable for the form of development proposed. In a broader strategic sense the building provides for high-quality commercial floor space and addresses the objectives of promoting the commercial amenity of Bondi Junction. The site is also well located in terms of the Bus Rail Interchange. The proposal will provide for employment opportunities to the Bondi Junction Centre and does not give rise to any detrimental impacts upon the adjoining properties. This proposal will provide a building that will compliment and vitalise this section of the centre.

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Basix and SEPP 65

Comment:Both policies only apply to residential buildings.

Streetscape

Comment:The subject building is considered to be skillfully designed and it provides for a high-quality addition to its streetscape. The building has also been designed with various energy efficiencies initiatives and is considered to be able to address the ESD controls in the DLEP.

The design reflects the established rhythm of the built form and addresses the dominant architectural features in a modern context. The design of the building façade, particularly along Oxford Street, has been carefully considered and the design will complement the neighbouring buildings.

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

The application is considered to be in the public interest.

5. DEVELOPMENT AND BUILDING UNIT REVIEW

The DBU reviewed the proposal and noted that the scheme appropriately addressed the new controls for the site but would have a significant impact on some adjoining residents to the south, in particular those in the Oscar Apartments nearest the site on level 7-15 with an aspect over the site. For these units the undeveloped nature of the site provides a north facing gap in the Oxford Street street wall that, in some instances, provides framed glimpses of the harbour. Nevertheless, the proposed building and the Oscar Apartments do have, at minimum, a 28 m setback from each other. These units will lose a very favourable aspect but still maintain a level of separation that would be considered acceptable in a city centre context.

The DBU finalised the assessment of this application in November 2009 but because of the nature of the impact on adjoining units, did not consider it reasonable to accept this impactwhile there was still some uncertainty about the new controls for the site. The draft controls for this site have also changed, in as much as the Department of Planning had previously imposed a reduced floor space ratio (4:1) on this site. However, in the version of the LEP endorsed by Council, a 6:1 FSR was recommended. Now with the gazettal of the Bondi Junction Centre LEP 2010 on 7 May 2008 and the confirmation of the key controls for the site (ie FSR 6:1 and height control 60m), the impacts of this proposal are now considered reasonable.

The Waverley Traffic Committee reviewed the proposal and recommended the remodelling of the south side of Oxford Street to its intersection with Hollywood Avenue and a new traffic. The DBU was concerned that these works lacked a planning nexus to this development. In discussion with Council’s Traffic Engineer, the widening suggested for Oxford Street is partly so that a proper construction zone can be provided in front of the site because the rear access off Pine Lane is inadequate for a building of this size. This is considered reasonable on planning grounds. However, while there may be some good traffic reasons to remodel the south side of Oxford Street to its intersection with Hollywood Avenue and put in a new traffic light there, these reasons are not a direct result of this development (given Council’s own technical report) and can not be imposed as conditions of consent. The DBU has not recommended the Waverley Traffic Committee’s full conditions, in particular the works

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beyond the frontage of the site and the new traffic light requested, are considered to not have a proper planning nexus to the development and would, in the DBU’s view, fail in Court if challenged.

This building provides for a good sized retail space addressing Oxford Street and high quality office space above. This building is well designed and considered in terms of its servicing and aesthetic. The proposal addresses the objective of promoting Bondi Junction as a commercial centre.

The application is supported subject to conditions.

6. RECOMMENDATION

That development application No 334/2009 at 253 – 255 Oxford Street Bondi Junction for demolition and construction of a fourteen storey retail and commercial building with basement carpark be approved, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan Nos AR-DA-1-01, 2-002, 2-001, 2-00, 2-01, 2-02, 2-03, 2-04, 2-05, 2-06, 2-07, 5-02, 5-03, 6-01, 6-02, 6-03, Revision F, tables and documentation prepared by BATESSMART Architects, dated 16/6/09, and received by Council on 29 June 2009;

(b) Landscape Plan No. 28048, DA01 and DA02 (including the public domain works cited) and documentation prepared by Aspect Studio and BATESSMART Architects, dated22/6/09, and received by Council on 29 June 2009;

(c) Schedule of external finishes and colours received by Council on 29 June 2009;

(d) Statement of Environmental Effect and supporting Technical Reports (listed page 4) dated June 2009 prepared by Neustein Urban, and received by Council on 29 June 2009;

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

Except where amended by the following conditions of consent.

2. WORK TO OXFORD STREET AND REVISED CONSTRUCTION VEHICLE MANAGEMENT PLAN

A design review and construction of the roadway alignment on the southern side of Oxford Street to extend the existing indented bay west in front of the site is to be provided to Council’s Divisional Manager – Technical Service. These works are to be completed to Council’s satisfaction before consideration is given to the provision of a construction zone on Oxford Street outside the site and at the expense of the applicant.

An amended Construction Vehicle Plan of Management be submitted to Council for approval prior to demolition commencing on the site, detailing the route to be taken by construction related vehicles when leaving the site and detailing the type and size of vehicles that will be used during both the demolition and construction phases.

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3. ROAD WIDENING

Prior to occupation, the 3m wide strip of land along the Pine Lane frontage required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

4. PUBLIC DOMAIN WORKS

The following requirements apply to the Public Domain Works provided for within condition Nos 1, 2 and 3:

(a) All works to the footpath/roadway surrounding the site are to be upgraded in accordance with Council’s Bondi Junction Technical Manual. The detailed design and configuration of all works shall be to the satisfaction of Council’s Divisional Manager, Technical Services prior to the issue of a Construction Certificate.

(b) All works are to be completed to the agreed design and standard prior to the issue of an Occupation Certificate or in the case of the Oxford Street works a Construction Vehicle Management Plan.

(c) All works are to be provided at the applicant’s expense.

5. ESD RATING

The commercial office component is to achieve a 4 Green Star rating in accordance with the provisions from the Green Building Council of Australia and the building as a whole is to achieve an equivalent of a minimum 4 stars under the Australian Building Greenhouse rating system.

6. DEVELOPMENT APPLICATIONS FOR RETAIL USE

A development application is to be lodged for the approval of Council in connection with the usage of any retail area within the development, prior to the occupation of the premises.

7. STATE ENVIRONMENTAL PLANNING POLICY NO.1 OBJECTION

Pursuant to the applicant's objection under State Environmental Planning Policy No. 1 prepared by Neustein Urban and the powers delegated to Council by the Director of Planning, the provisions of Clause 14 - under the Waverley Woollahra Joint Local Environmental Plan 1991 are waived to permit a floor space ratio of 6.6:1 (in accordance with this LEP) in respect to the subject development.

8. NOISE EMMISSIONS

The use of the premises shall not give rise to:

(a) Transmission of unacceptable vibration to any place of different occupancy.

(b) A sound pressure level at any affected premises that exceeds the background (LA90) noise level in the absence of the noise consideration by more than 5Db(A). The source noise level shall be assessed as an LA10, 15min and adjusted in accordance with the Department of Environment and Climate Change's (DECC) guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content.

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(c) A sound pressure level at any affected premises that exceeds the DECC recommended planning levels outlined in the DECC Environmental Noise Control Manual: or

(d) A sound pressure level at any affected premises that exceeds the DECC recommended maximum noise level as modified to account for the existing level of stationary noise at the receiver premises.

9. NOISE - MECHANICAL PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following:

(a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy.

(b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the licensed premises. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

10. SECTION 94A CONTRIBUTION

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

(a) A cost report indicating the itemised cost of the development shall be completed andsubmitted to council:

(1) Where the total development cost is less than $500,000:

"Waverley Council Cost Summary Report"; or,

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

A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition.

(c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A contribution is to be revised and amended. Prior to the issue of the

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Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre.

Advisory Note

- A development valued at $100,000 or less will be exempt from the levy.- A development valued at $100,001 - $200,000 will attract a levy of 0.5%.- A development valued at $200,001 or more will attract a levy of 1% based on the full cost

of the development.

11. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $20,000.00 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.

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

12. ACCESS

The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.1 Design for Access and the requirements of the Access Report by Accessibility Solutions Pty Ltd dated 16 June 2009. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

13. DISABLED ACCESS

Access for people with disabilities to be provided to the premises in accordance with the requirements of the Building Code of Australia, Australian Standard 1428.1 and Waverley Development Control Plan No. 26.

14. LONG SERVICE LEVY

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

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

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15. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

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

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

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

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

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

16. ESSENTIAL SERVICES - NEW BUILDING

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

(a) basis of design;

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

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

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

(a) inspection, testing and commissioning details;

(b) date of inspection, testing and commissioning;

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

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

17. HOARDING REQUIRED

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

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

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18. GEOTECHNICAL ENGINEERS REPORT

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

19. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.

Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

20. CONSTRUCTION VEHICLE PLAN OF MANAGEMENT

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

21. EROSION, SEDIMENT AND POLLUTION CONTROL

Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

22. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

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23. STORMWATER MANAGEMENT

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 2) - Part B, Clause 11, prior to the issue of a Construction Certificate.

24. ENGINEERING DETAILS

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

25. ACCESSIBLE CAR SPACE

A minimum of 10% of all car parking are to be provided as car spaces for the vehicles of people with disabilities.

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

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

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

26. CONVEX MIRRORS

Convex mirrors be installed within the site in the vicinity of the ingress/egress driveway serving the off-street car parking areas to allow drivers exiting the site to view pedestrians and vehicles approaching the site along Pine Lane from either direction

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

27. VEHICULAR ACCESS

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

28. EXTERNAL FINISHES

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

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29. CONSULTATION RAILCORP

The applicant must consult with RailCorp as the proposed development involves significant excavation just outside the zone of influence of its rail corridor. The requirements of RailCorp, if any, must be reflected in the Construction Certificate plans for the development prior to its release under the Environmental Planning and Assessment Act 1979.

30. TREE PRESERVATION BOND

A bond of $ 5000 is to be lodged with Council either as cash or by way of an unconditional bank guarantee to ensure the protection and maintenance of the two (2) Eucalyptus trees and one (1) Grevillea at the Oxford Street frontage of the property. The bond is to be lodged prior to the issue of a Construction Certificate.

The sum will be forfeited to the Council at its discretion for a breach of these requirements, and will be refunded twelve (12) months from the issue of the Occupation Certificate subject to the satisfaction of Council.

31. ARCHIVAL RECORDING OF EXISTING BUILDINGS

A brief archival record (at a minimum the front and rear elevations, details of notable elements of each building eg the awning and foyers) shall be prepared of the existing building for deposit in Waverley Council's Archive. This record must be carried out prior to the removal of any significant building fabric (ie the street awning to the building at 255 Oxford Street) or furnishings from the site and must be submitted to Council prior to the commencement of any demolition work and the issue of a Construction Certificate. The record shall comprise photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of 'perspective correction', comprising:

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

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

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

32. ENERGY AUSTRALIA

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

33. DILAPIDATION REPORT

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

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

34. PRIOR TO SITE WORKS

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

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

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

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

35. CONSTRUCTION HOURS

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

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

(b) Sundays and public holidays; and

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

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

36. CONSTRUCTION SIGNS

Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

37. EXCAVATION AND BACKFILLING

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

38. EXCAVATION BELOW FOOTINGS

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

(a) preserve and protect the building from damage; and(b) if necessary, must underpin and support the building in an approved manner; and

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

39. OBSTRUCTION TO PUBLIC AREAS

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

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

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

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

40. TOILET FACILITIES

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

41. SANITARY FACILITIES

Sanitary Facilities are to be provided in accordance with the requirements of the Building Code of Australia to the proposed building.

42. NO USE OF ORGANOCHLORIN PESTICIDES

The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

43. USE OF FILL ON SITE

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

Council 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 on to 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

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(b) Sampling and analysis of the fill material should be conducted in accordance with the DECC Sampling Design Guidelines (1995) to ensure that the material is not contaminated.

44. MECHANICAL VENTILATION

(a) The premises are to be ventilated in accordance w iht he requirements of thie Bulding Code of Australia and relevant Australian Standards.

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

(i) inspection, testing and commissioning details;

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

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

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

45. REFRIGERATION UNITS & MECHANICAL PLANT

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

46. PROVISION FOR SHAFT FOR FUTURE FOOD PREMISES

Adequate provision shall be made for the installation of a mechanical exhaust system for future premises where food is prepared. This includes the provision of a shaft that complies with the Building Code of Australia, to the roof for the ductwork and the flue of the system.

47. MICROBIAL CONTROL

(a) Any cooling towers and warm water systems must be operated and maintained in accordance with AS 3666, the Public Health Act, 1991 and Public Health (Microbial Control) Regulation 2000.

(b) A true copy of the annual certificate as stipulated in clause 9(2) of the Public Health (Microbial) Regulation 2000 which certifies the effectiveness of the process of disinfection used for the water cooling tower, must be submitted to Council prior to the period ending 30 June each year.

(c) Prior to commencement of the use the owner of the premises must apply to Council for the registration of water cooling systems installed on the premises in accordance with the Public Health (Microbial Control) Regulation 2000.

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48. HAZARDOUS MATERIALS AUDIT

A Hazardous Materials Audit (HMA) must be carried out by a suitably qualified practitioner prior to site demolition. The HMA must assess the presence of structural and residual building materials that may be of environmental concern. The HMA must also ensure that hazardous materials that may have been used within the structural components of all buildings are adequately addressed to protect site personnel from risk of exposure.

49. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

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

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

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

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

(d) describe the method of demolition;

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

(f) describe the disposal methods for hazardous materials.

50. SITE HEALTH & SAFETY PLAN

A Site Health & Safety Plan is to be prepared prior to the commencement of any remediation works by a person competent to do such Plan. All works are to be carried out in accordance with this Plan. This Plan shall include:

(a) hazard identification and control(b) site security(c) personal protective equipment(d) work zones and decontamination procedures(e) contingency plans and incident reportingenvironmental monitoring

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 Council and the Principal Certifying Authority immediately.

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51. DEMOLITION & SITE PREPARATION

Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the DECC, and with the provisions of:

(a) New South Wales Occupational Health and Safety Act, 2000;(b) The Occupational Health and Safety (Hazardous Substances) Regulation 2001;(c) The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;(d) Protection of the Environment Operations Act 1997 (NSW) and (e) DECC's Environmental Guidelines; Assessment, Classification and Management of Liquid

and Non Liquid Wastes (1999).

52. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

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

53. SOIL AND WATER MANAGEMENT PLAN

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

54. SOIL AND WATER MANAGEMENT SIGN

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

55. STOCKPILES

Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

56. LOCATION OF BUILDING OPERATIONS

Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

57. SEDIMENT REMOVAL FROM VEHICLE WHEELS

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

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58. ALL BUILDING MATERIALS STORED ON SITE

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

59. USE OF HEAVY EARTH MOVEMENT EQUIPMENT

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

60. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

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

61. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER

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

62. BUILDING CODE OF AUSTRALIA

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

63. REFERRAL – COMMISSIONER NSW FIRE BRIGADE

In accordance with Clause 144 of the Environmental Planning and Assessment Regulations 2000 where building work involves an alternative solution to meet the performance requirements of the Building Code of Australia contained in any one or more of the Category 2 fire safety provisions as defined under the Environmental Planning and Assessment Regulations 2000 the application for a Construction Certificate must be referred to the Commissioner NSW Fire Brigades in order to obtain an initial fire safety report prior to issue of the Construction Certificate.

64. CLAUSE 144A – EPA REGULATIONS

In accordance with Clause 144A of the Environmental Planning and Assessment Regulations 2000 where building work involves an alternative solution under the Building Code of Australia in respect of a fire safety requirement, a Compliance Certificate or written report is required to be obtained from a C10 Accredited Fire Safety Engineer certifying that the alternative solution complies with the relevant performance requirements of the Building Code of Australia prior to the issue of a Construction Certificate.

65. CLAUSE 153A – EPA REGULATIONS

In accordance with Clause 153A of the Environmental Planning and Assessment Regulations 2000 a Compliance Certificate or written report is to be obtained from a C10 Accredited Fire Safety Engineer certifying that the building work relating to the alternative solution to the

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Building Code of Australia has been completed and complies with that alternative solution, prior to issue of an Occupation Certificate.

66. COMPLIANCE - COMMISSIONER NSW FIRE BRIGADES

Compliance with the requirements of the Commissioner NSW Fire Brigades.

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

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

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

The specified MANDATORY inspections are:

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

issued in relation to the building.

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

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

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

and

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

68. CERTIFICATE OF SURVEY - LEVELS

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

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69. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING

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

70. NEW VEHICLE CROSSING

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

71. WORK OUTSIDE PROPERTY BOUNDARY

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

72. WATER PROOFING

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

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

73. HOT TAP WATER SCALDING

To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

74. STREET TREES

No existing street trees shall be removed without Council approval. A 1.8m high chain link wire fence or the like shall be erected around the existing street trees to protect them from damage during construction. Where approval is granted for the removal of a street tree the applicant is to pay for its replacement with a super advanced tree of a species nominated by Council.

75. TREE PROTECTION

Precautions shall be taken when working near street trees to ensure their retention, including the following:

(a) Do not store harmful or bulk materials or spoil under or near trees;(b) Prevent damage to bark and root system;(c) Do not use mechanical methods to excavate within root zones;(d) Do not add or remove topsoil from under the drip line;(e) Do not compact ground under the drip line;(f) Do not mix or dispose of liquids within the drip line of the tree; and

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(g) All trees marked for retention must have a protective fence/guard placed around a nominated perimeter.

76. STREETSCAPE WORKS - BONDI JUNCTION

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

77. AWNINGS

Awnings shall be a minimum of 3.5m above the footpath level and offset a minimum of 600mm behind the kerb.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

78. FINAL OCCUPATION CERTIFICATE

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

79. SYDNEY WATER

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

Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the linen plan/occupation of the development.

80. WASTE STORAGE

The following requirements apply to waste management:

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

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

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

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

81. DISPLAY OF WASTE MANAGEMENT PLAN

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

82. RECYCLING OF WASTE PAPER

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

83. LIGHTING

Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

84. TACTILE NUMBER IN LIFT

The applicant is advised that with regard to the provision of the lift in the building, it will be necessary for tactile numbers to be placed on each level of the building and within the lift to assist visually impaired people.

85. STREET NUMBER/S

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

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MINUTES OF THE MEETING OF THE INDEPENDENT HEARING AND ASSESSMENT PANEL OF WAVERLEY COUNCIL

Location: Waverley Council Chambers

Meeting Date: Wednesday, 2 June 2010

Panel Members Present: Tina Spiegel Solicitor/Town Planner (Chair) Stuart McDonald Town Planner

Jocelyn Jackson Architect Warwick Baird Community Representative

Council Officer Present: Philip Bull

ITEM 1 IHAP-1006.1

Proposal: 14 storey office building

Address: 253-255 Oxford Street, Bondi Junction

Council Reference: DA 334/2009

Objectors who addressed the Panel

Peter Green of 809/251 Oxford Street Bondi JunctionDavid Shapiro or 810 /251 Oxford Street Bondi JunctionKen Murphy represented the residents of the Residential flat building “Oscar” at 2A Hollywood Avenue Bondi Junction.The objectors from 251 Oxford Street expressed their concern about loss of aspect, light and views. Mr Green was also concerned about loss of privacy. This concern was addressed bythe architect, Simon Swaney of Bates Smart Architects. Mr Murphy requested that the proposal be lowered to achieve a more stepped effect. He said this would lessen the impact of the proposed building. The impact is loss of light and views especially at the lower levels.

Applicant who addressed the panel

The Director of Bates Smart, Simon Swaney addressed the Panel on behalf of the Applicant. He explained how the design had evolved to take into account the streetscape, alignment of height with surrounding structures, visual mass of the building and deletion of the corners to preserve views. Opaque glass panels were located at an oblique angle to the building to maximise light access and maintain privacy. All the design issues raised at the pre-DA meeting had been addressed in the current design. They had not built to the permissible height of 60 metres. The proposed building is 55 metres. It was also noted that the Bondi Junction LEP 2010 (BJLEP) permitted a 70 metre height on the northern side of Oxford Street opposite the subject site.

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Panels Comments

The Panel visited buildings near the site, 3 units in the Oscar building, two in block A on levels 7 and 15 and one in block B being the sub penthouse level and 2 offices at 251 Oxford Street. The Panel were provided with all the submissions, Council Report dated 19 May 2010 from the Development and Building Unit and drawings.

After careful consideration of all the materials, site visit and representations at the meeting, the Panel believes the proposal to be a worthy design which has taken into consideration the impact it will have on the adjoining properties. In light of the planning standards for the site the proposal is not an overdevelopment of the site.

The BJLEP incorporates planning standards which will result in structures that impact on the views and quantum of sunlight to residential flat buildings to the south of Oxford Street. The current proposal is a modest interpretation of those planning standards.

The panel supports the recommendations of Council Building and Development Unit, that the DA be approved subject to the conditions of consent contained in the Report.

RECOMMENDATION FROM THE PANEL

The Application be approved subject to the conditions in the Report.

Voting: 4 All Unanimous

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