item ipp ipp10 - reports · 2015. 7. 30. · item ipp___ipp10_____ - reports -____05/08/2015_____...
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Item IPP___IPP10______ - REPORTS -____05/08/2015______
N O R T H S Y D N E Y C O U N C I L R E P O R T S
NSIPP MEETING HELD ON 05/08/15
Attachments: 1. Site Plan
2. Plans & Elevations ADDRESS/WARD: 8 & 8A Baden Road, Kurraba Point (C) APPLICATION No: DA402/11/4 PROPOSAL: Section 96AB Review of Council’s determination to modify a
consent for a double garage to remove central sandstone piers to two garage doors & to provide new door / staircase to/ from northern garage.
PLANS REF: Drawings numbered 10.B.20F dated Nov 14; 10.GB.21G dated
Nov 14; 10.B.21F dated Nov 14; 10.G.B.22F dated Nov 14; 10G.B.27H dated Nov 14 all plans prepared by Anne Colville
OWNER: CM Pemberton (No. 8A Baden Road) G Pemberton (No. 8 Baden Road) The Props of SP 83783 APPLICANT: Anne Colville Architect Pty Ltd AUTHOR: David Hoy, Team Leader Assessments DATE OF REPORT: 24 July 2015 DATE LODGED: 11 May 2015 RECOMMENDATION: Approval
Report of David Hoy, Team Leader Assessments Page 2 Re: No. 8 & 8A Baden Road, Kurraba Point
EXECUTIVE SUMMARY This application seeks a review under Section 96AB of the Act, of Council’s previous approval of S.96 Modifications under Development Application No. 402/11/4. The application relates to a previous approval for alterations and additions to a two storey heritage listed red brick duplex including a second (new) double garage (the northern garage) and other works. The request for review is sought in relation to effect of Council’s approval which resulted in the imposition of an additional Condition No. C18 requiring the retention of the central piers to the northern and the southern garages. The preceding S.96 modification was determined by Council under the delegated authority of the Manager of Development Services. The provisions of S.96AB of the Act require that a review of any determination be undertaken by the Panel. The applicant has sought the review on the basis that the removal of the central sandstone pier in each garage is necessary to alleviate difficulties entering/exiting the garages with cars parked on the other side of the street. A review assessment has been undertaken and the imposition of Condition C18 is not supported given the highly eroded and modified condition of the site and the dominance of surrounding garages and car ports in the immediate vicinity. It is also considered that the retention of the central sandstone columns would have only minor benefit in protecting the overall heritage significance of the site. The impacts on vehicle maneuvering are significant. The modifications originally sought by the application are therefore supported. The proposed modifications are considered to be reasonable in the circumstances and is recommended that the Panel change the determination and grant approval subject to amended conditions.
LOCATION MAP
MILSONSPOINTSTATION
OAD
KIRRIBILLI
VILLAGESQUARE
BROUGHTON
WILLOUGHBY
HUMPHREY
PLACE
HUMPHREY
PLACE
WINSLOW
CRESCENT
BURTON
STREET
JE
BLIGH
STREET
PLACE
FITZROY
STREET
WINSLOW
LANE
ET
CARABELLA
WINSL OW LANEROAD CLOS UR E
STREET
WRIXTON PARK
ROBERTSONLANE
ROADCLOSURE
ELAMANG
Care
28
22
(20A)
18-20
(12C)
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36 38 40 42 44 46 48 50 (52) (54)
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117A66
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(80)
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743859
Pt 18
54205
1
873687
BradfieldPark
CommunityCentre
(Lease - f
or Valuat
ion purpo
ses only)
(Lease-forValuatio
npurposesonly)
26
849663(in stratum)
(Lease-forValuat io
npurposesonly)
Bay28
Bay 27
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SP11633
9083691
10172123
23
SP 44134
21779569779570
1
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337445
SP79554
311
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1 537345
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830667
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1
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445322
1119391
1103130
(split forValuation
purposes only)
Sec A
1
630528
965041337392 4453
7984631 211
1 SecA
(i nst ra
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1
1031721
2
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184453
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Bay38
Bay37
Bay36
Bay35
Bay34
(Lease-forValuationpurposesonly)
Bay33
Bay 32
Bay31
Bay30
Bay29
SP14360
A
952587
1
2
441339
396813 1
396813D
E236361
Sec AB
1038833
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33064
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SP 32094
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1078553
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445711
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735080
SP13017
4453
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331537
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SP14142
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456106
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438872
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SP86670
456106
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SP10161
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1010858
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1155131
330
SP78922
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SP77406
SP61861
SP8595
SP21835
SP12521
SP22430
1276
11
934975
SP9300
935630
1
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213
1
SP22183
1
1276
926773
SP62288
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SP12848
1
656463
535912
14
978239
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2
926386
456107
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1
18
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572899
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1
621580
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101
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SP2
621582
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201
SP31951
102613
11083419
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931061
31
3538
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948337
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32
3538
1150961
32
604816
1773343
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1
(Lease
- for Va
luation
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ly)
326759
1
3267601
104676
1
2
1095443
1
1
572899
(Lease -
forValu
ation
purpose
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2
2
3
SP 5186
1166
SecB
4453 B322
31
Re: Page 3
Property/Applicant Submittors - Properties Notified
31 Burton Street, Kirribilli - DA142/15
Report of David Hoy, Team Leader Assessments Page 4 Re: 8 & 8A Baden Road, Kurraba Point
DESCRIPTION OF PROPOSAL The subject application is a review of Council’s previous determination under S.96AB of the EP & A Act 1979. The request for review is sought in relation to Council’s approval of modifications under Section 96 which resulted in the imposition of an additional condition requiring the retention of the central piers on the facade of the northern and the southern garages. The imposed Condition C18 requires: Retention of Central Sandstone Piers C18 The central sandstone piers on the facade of the northern and southern garages must be
retained to maintain streetscape character and the significance of the heritage item. The Certifying Authority must ensure that the building plans and specifications submitted by the applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To be sympathetic to the character of the heritage item) The preceding S.96 modification was determined by Council under delegated authority by the Manager of development services. The provisions of S.96AB of the Act require that a review of any determination by the manager of development services to be undertaken by the Panel. The original development application involved the following works:
Construction of a double garage within the sandstone wall on the front boundary at the north-eastern corner of No. 8 Baden Road
Refurbishment of existing first floor bathroom for No. 8 Baden Road Construction of an attic addition including new staircase at No. 8A Baden Road New window on the southern elevation of the first floor bedroom in No. 8A Baden Road.
. The section 96 application sought the following amendments to the approved plans:
Removal of the central piers in each garage New door and staircase from the north-eastern garage
The applicant has requested the removal of the central sandstone pier in each garage due to difficulties entering/exiting the garages with cars parked on the other side of the street. A staircase is also sought from the north-eastern garage so that the residents can gain access to the front entry door from within the property rather than from the footpath.
Report of David Hoy, Team Leader Assessments Page 5 Re: 8 & 8A Baden Road, Kurraba Point
Figure 1: The existing garage at the south-eastern corner of the site
Figure 2: Plans showing the central piers to be removed STATUTORY CONTROLS North Sydney LEP 2013
Zoning - R3 (Medium Density Residential) Item of Heritage - Yes In Vicinity of Item of Heritage - Yes - 6 & 6A Baden Road Conservation Area - No FSBL - No
Environmental Planning & Assessment Act 1979 SEPP No. 55 - Contaminated Lands SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS DCP 2013
Central column to be removed
Report of David Hoy, Team Leader Assessments Page 6 Re: 8 & 8A Baden Road, Kurraba Point
DESCRIPTION OF LOCALITY The site (Nos. 8 and 8A Baden Road, SP83783) is located on the western side of Baden Road at the end of the cul-de-sac. The property has a frontage to Baden Road of 21.665m with a total site area of 473.06m2. The site rises from the front boundary (RL12.41) to the rear boundary (RL16.83) with a rise of approximately 4.4 metres. Currently located on the site is a two storey red brick duplex with an excavated double garage located on the south-eastern corner of the site. The duplex is a heritage item but not located within a conservation area. Surrounding development is predominately residential with a mixture of dwelling houses and apartment buildings. To the south of the subject site is another heritage item (Nos. 6 & 6A Baden Road) with a similar built form.
Figure 3: The subject site from Baden Road
The surrounding areas is characterised by a dominance of garaging and high walls and masonry planter boxes. As a consequence of the high proportion of off-street car parking, there is very little on street parking available. Immediately opposite the southern-most door of the southern garage, is an unrestricted single car public space.
Report of David Hoy, Team Leader Assessments Page 7 Re: 8 & 8A Baden Road, Kurraba Point
Locality Photos
Report of David Hoy, Team Leader Assessments Page 8 Re: 8 & 8A Baden Road, Kurraba Point
RELEVANT HISTORY Previous applications Development Application 402/03 for the construction of an excavated double garage on the Baden Street frontage, construction of a roof terrace above and landscaping works was refused by Council at its meeting on 17 November 2003 for the following reasons:
1. The proposal results in an unacceptable non-compliance with Clause 14 of the North Sydney Local Environmental Plan 2001 - Consistency with the Aims of the Plan, Zone objectives and Desired Character.
2. The proposal results in unacceptable non-compliance with Clause 18 of the North Sydney Local Environmental Plan 2001 - Building Height Plane due to the bulk and scale of proposal and the SEPP No. 1 objection submitted in inadequate to justify this non-compliance.
3. The proposal results in unacceptable non-compliance with Clause 19 of the North Sydney Local Environmental Plan 2001 - Building Setbacks due to the inappropriate scale and bulk of the garage in relation to existing buildings and structures on Baden Road, in addition no SEPP No 1 objection was submitted to justify this non-compliance.
Report of David Hoy, Team Leader Assessments Page 9 Re: 8 & 8A Baden Road, Kurraba Point
4. The proposal results in unacceptable non compliance with Clause 20 of the North Sydney Local Environmental Plan 2001 - Landscaped Area, and the SEPP No 1 objection submitted is inadequate to justify this non-compliance. 5. The proposal results in an acceptable non-compliance with Clause 39(19)(c) of the North Sydney Local Environmental Plan 2001 in that the sandstone retaining wall at the front of the site is to be partially removed.
6. The proposal results in acceptable non compliance with Clause 48 Heritage Items of the North Sydney Local Environmental Plan 2001.
7. The proposal fails to satisfy the provisions of NSDCP 2002. A Class 1 Appeal was lodged with the Land and Environment Court against the refusal of the development application, wherein the Commissioner upheld the appeal. Development Application 175/08 proposed alterations and additions to an existing building to create a duplex development including further excavation of the site to extend the existing garage to provide a further two (2) car parking spaces, extension to the existing sandstone front wall and provision of new entry gates to each dwelling, internal reconfiguration of the dwelling to separate each dwelling at ground and first floor, demolition of stair case and elevated walkway at the rear of the building, modifications to fenestrations including the installation of six (6) new skylights and creation of new attic within roof space including new balcony in between existing gables and stair from level below. The development application was approved by Council at its meeting on 18 August 2008 subject to conditions including the deletion of two skylights. This consent (as modified) included a double garage entry to the southern portion of the site frontage to the street. The double garage (as amended) includes a central pier. Development Application 175/08/2 for the reduction in size of the approved excavated garage to three (3) spaces (two stacked), internal reconfiguration to both units, deletion of the attic level terrace and modifications to fenestration was approved under delegated authority on 16 April 2009. Development Application 175/08/3 for the reduction in size of the garage, deletion of the attic addition and skylights, deletion of planter boxes and revised strata subdivision was approved under delegated authority on 6 January 2010. Development application No. 402/11 for alterations and additions to a duplex including a new double garage (the northern garage), an attic, internal alterations and amendments to the strata plan was approved by Council on 23 April 2012 subject to appropriate conditions of consent. A section 96 (402/11/3) was lodged for a new laundry that was rejected because DRP considered the application not to be “substantially the same” development as previously approved so this application was rejected whereupon the applicant was advised to lodge a new development application. Development application No. 417/14 for a new laundry was withdrawn by the applicant following concerns raised about the proposed non-compliant site coverage.
Report of David Hoy, Team Leader Assessments Page 10 Re: 8 & 8A Baden Road, Kurraba Point
Subject application On 30 April 2015 the application that is the subject of this review was determined under delegated authority by Council’s Manager Development Services. The modification approval included two additional conditions imposed on the original development consent, condition No. C18 relates to the deletion of the central sandstone pier to the northern and southern garages. The imposed Condition C18 requires:
Retention of Central Sandstone Piers C18 The central sandstone piers on the facade of the northern and southern garages
must be retained to maintain streetscape character and the significance of the heritage item. The Certifying Authority must ensure that the building plans and specifications submitted by the applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To be sympathetic to the character of the heritage item)
The Section 96AB Review application must be determined by Council within 6 months from the original determination. CHECKING OF PLANS The plans have been checked to ensure that the modifications sought by the applicant are the only changes on the previously approved plans. REFERRALS The following referral comments were received in relation to the original modification application. Heritage Council’s Conservation Planner has assessed the subject s.96 application wherein the following information was provided: Removal of the central piers within the double garages The subject property is a heritage item listed in Schedule 5 of NSLEP 2013, however,
the building is not located within a conservation area. Properties Nos. 8 and 8A Baden Rd are a pair of symmetrical two storey Federation semi-detached dwellings that are also paired with 6 and 6A Baden Rd, forming a cohesive group.
The majority of dwellings within the street currently have garages or carports on their front boundary. These have accumulatively detracted from the aesthetic value of the streetscape and from the setting of the heritage items located at 6, 6A, 8 and 8A Baden Rd. In addition, the character and integrity of the visually prominent large sandstone retaining wall in front of the heritage-listed properties has been degraded by the insertion of garages.
Report of David Hoy, Team Leader Assessments Page 11 Re: 8 & 8A Baden Road, Kurraba Point
The proposal will require further demolition and removal of sandstone from the retaining wall by the deletion of the central pier from both garages. This is not supported and is considered to be contrary to Clause 5.10 (4) of NSLEP 2013, as the proposal will detract from the heritage significance of the sandstone wall and the setting of the dwellings above.
Relevant history It should be noted that Council previously refused DA 402/13 for a double garage with no central pier at this site. The refusal was appealed at the Land & Environment Court. In the Appeal process (11487 of 2003 (Stralow D K & Anor v North Sydney Council), Commissioner Hoffman stated that he accepted that the sandstone wall is important to the presentation of the heritage item. Consequently, the Court approved a double garage with a central pier as recommended by the two heritage experts in their Joint Heritage Report. 'There shall be a central column, faced in sandstone, to divide the total garage opening into two sections. This will break down the horizontal character and scale of the opening. The overall width of the front of the garage may be increased slightly, if required, to retain practical vehicle turning circles resulting from the introduction of the central column.'
Conclusion The proposed removal of the sandstone piers is therefore considered to have a negative impact upon the heritage significance of the sandstone retaining wall and therefore also, the heritage significance of the setting of the dwellings. The Court has previously required the addition of piers in a double garage proposal (DA 402/03) as Commissioner Hoffman considered the wall to be important to the presentation of the heritage item at 8 Baden Rd. The proposal is therefore not supported.
New door/staircase to/from the north-eastern garage No objection is raised to the proposed modification to the staircase within the front
setback to allow pedestrian access to the garage as the original heritage significant fabric of the building will be retained, there will be no impact to the streetscape and no impact to the significance and curtilage of the adjacent heritage items.
The new door/staircase is considered to satisfy Clause 5.10 of NSLEP 2013 as well as Section 13 of Part B, NSDCP 2013 subject to the following special condition:. Materials The new materials for the proposed staircase are to match the existing materials. (Reason: To be sympathetic to the character of the heritage item.)
Planner’s comment In considering the conservation planner’s comments that the proposal to remove the central
Report of David Hoy, Team Leader Assessments Page 12 Re: 8 & 8A Baden Road, Kurraba Point
sandstone piers to the northern and southern double garages, the preceding assessment took into account the fact that the existing stone wall was not an original feature of the site. In support of this an early aerial photo is relied upon referred to as Figure 4 below.
Figure 4: Nos. 2, 6 and 8 Baden Road in the 1920s (Source: Stanton Library) The purpose of Condition C18 is “to maintain streetscape character and the significance of the heritage item” and “to be sympathetic to the character of the heritage item” is generally supported as the deletion of the central piers would reduce the effect of two double wide garage doors within the sandstone wall. However, as is noted in the previous assessment, the previously existing sandstone wall has been highly modified over numerous development applications, including substantial intrusions into the sandstone wall by construction of the two double garages over a 21 metre wide frontage. It is also apparent from a review of the operation of the existing (southern) garage that the central column impedes entry and egress when the unrestricted parking space located opposite is occupied. The purpose of Condition C18 is to preserve greater proportions of sandstone materials in the frontage of the site be retaining the two small piers, approximately 300mm wide, would have only minor benefit in protecting the overall heritage significance of the site, given the already highly eroded and modified condition of the wall. The existence of a large number of garages and car-ports in the immediate vicinity of the site, and the open covered garage at 6-6A Baden Road also does not lend support to the argument that the retention of the central columns is essential to the site setting or the preservation of heritage significance. On that basis, the imposition of Condition C18 is not supported, and the modifications sought by the original application should be permitted.
Report of David Hoy, Team Leader Assessments Page 13 Re: 8 & 8A Baden Road, Kurraba Point
In consideration of the potential for significant impact for the materials and colour of the garage door, it is considered appropriate that the door colour and material be approved by a suitably qualified heritage consultant. A condition to this effect is recommended. Engineering Council’s Development Engineer raised no objection to the removal of the central piers within the existing and proposed double garage from an engineering viewpoint. Council’s Development Engineer also advised that residents/vehicles leaving the existing (southern) garage with its central pier would have difficulty (not impossibility) in manoeuvring if there is a car parked on the opposite side of Baden Road as shown in Figure 5. There would be no difficulty exiting the northern garage because there is a turning circle at the end of Baden Road shown below and a “no standing” zone directly opposite the northern garage.
Figure 5: The turning circle at the end of Baden Road SUBMISSIONS The adjoining properties were not re-notified of the proposed changes (including the amended plans) to the drawings given that the impacts of the proposed changes would be reduced and/or the same as the original proposal in accordance with section 4 in NSDCP 2013. CONSIDERATION The proposal is required to be assessed having regard to the following matters. Section 96AB of the Environmental Planning and Assessment Act 1979 provides that where a review has been requested into a determination of a modification, Council must undertake to review the determination. As the application that is the subject of this review was assessed under the provisions of S.96(2) of the Act, Council must have regard for the relevant considerations as required under that same provision. Section 96(2) enables a consent authority to modify a development consent upon application being sought by the applicant or any person entitled to act on the consent, provided that the consent authority: is satisfied that the development to which the consent as modified relates is substantially the
Report of David Hoy, Team Leader Assessments Page 14 Re: 8 & 8A Baden Road, Kurraba Point
same development; has consulted the relevant Minister, public authority or approval body in respect of a condition
imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent;
has notified the application in accordance with the regulations and has considered any submissions made concerning the proposed modification; and
in determining the application for modification, has taken into consideration such matters referred to under Section 79C(1) as are relevant.
Therefore, Council’s assessment of the application to modify the subject development consent must consider the following issues: 1. Is the proposed development as modified substantially the same development approved
by the Council? The proposed modifications sought consent to incorporate minor changes to the previously
approved garages including the removal of the central piers and a new staircase to/from the northern garage. The works to the original application involved substantial modification to the previously existing sandstone wall, including substantial modification by insertion of a new northern garage and altered parapet wall height. The modifications sought necessarily extend to the location of central garage piers within both the southern and northern garages.
On that basis, the proposed modifications are considered to be substantially the same as that
which was originally approved by Council. 2. Whether the application required the concurrence of the relevant Minister, public
authority or approval body and any comments submitted by these bodies?
The proposal does not require referral to the Minister, a public authority and/or any other approval body.
3. Whether any submissions were made concerning the proposed modification.
The subject application was not notified in accordance with NSDCP 2013 because the impacts arising from the changes would be similar and/or reduced as provided for in section 4 in NSDCP 2013.
4. Any relevant considerations under Section 79C(1) of the Environmental Planning and Assessment Act 1979.
ENVIRONMENTAL PLANNING INSTRUMENTS SREP (Sydney Harbour Catchment) 2005 According to the above SREP, Council is required to consider the impact of development upon Sydney Harbour and its foreshores. The existing and the proposed garage would be located at street level on the western side of Baden Road and there are existing buildings on the foreshore, the proposed garage would not be visible from Sydney Harbour. The subject site is also located well away from the foreshores so as not to have an impact upon water quality, marine life and/or vegetation. Accordingly, the proposal is considered to be
Report of David Hoy, Team Leader Assessments Page 15 Re: 8 & 8A Baden Road, Kurraba Point
satisfactory in this respect. SEPP 55 - Remediation of land The subject site has had a long history of residential use and there is no known source of land contamination on Council’s records so further investigation in this respect is considered to be unnecessary. NSLEP 2013 The application is considered under the relevant development standards in NSLEP 2013:- Clause 4.3 - Height of buildings There would be no change to the height of the garage that complies with the permissible height limit of 8.5m. Clause 5.10 - Heritage items The proposal has been considered against the relevant provisions of Clause 5.10 of NSLEP 2013, specifically with regard for the impact of the proposed modifications on the heritage significance of the heritage item. Detailed comments are provided above in response to the Conservation Planner’s concerns. In the circumstances, the proposed modifications are considered to reasonably respond to the heritage significance of the site, having regard for the highly modified condition of the site to Baden Road. The proposed modifications, and resultant development is considered to be satisfactory with regard to the provisions of Clause 5.10 of NSLEP 2013. Clause 6.6 - Dual occupancies The provisions of Clause 6.6 of NSLEP 2013 incorporate specific provisions for dual occupancy development relating to heritage effected properties. The provisions of Clause 6.6(2)(ii) state: |
(2) A dual occupancy must not be erected on land that is located within a heritage conservation area or on which a heritage item is located unless: (a) there is no existing building erected on the land, or (b) the dual occupancy:
(i) will be situated substantially within the fabric of an existing building, and
(ii) will conserve the appearance of the existing building, as visible from a public place, and
(iii) will conserve the majority of the significant fabric of the existing building.
The subject property is a listed heritage item of local significance that has been highly modified by preceding development consents and subsequent construction work. The proposed modifications are considered to be generally in accordance with the provisions for dual occupancies that are heritage affected. The modifications, including the proposed
Report of David Hoy, Team Leader Assessments Page 16 Re: 8 & 8A Baden Road, Kurraba Point
modified stairs and changes to garages are supported. NSDCP 2013 The proposed changes have been assessed under the relevant sections of NSDCP 2013:- Sections 1.4.3; 1.4.7, 1.4.8 - Streetscape, Form massing and scale, Built form character The purpose of Condition C18 is “to maintain streetscape character and the significance of the heritage item” and “to be sympathetic to the character of the heritage item” is generally supported as the deletion of the central piers would reduce the effect of two double wide garage doors within the sandstone wall. The purpose of this is to preserve a greater proportion of sandstone material in the frontage of the site. However the retention of the two small piers, approximately 300mm wide, would have only minor benefit in protecting the overall heritage significance of the site, given the already highly modified condition of the wall. The existence of a large number of garages and car ports in the immediate vicinity of the site, and the open covered garage at 6-6A Baden Road also exemplify a highly eroded streetscape. In such circumstances the retention of the central columns would have little effect on the preservation of heritage significance of the site. Accordingly, the stated purpose of Condition C18 would not be served and its imposition is not supported. It is noted, that as a consequence of removing the central columns of each garage and replacement with a resultant near six (6) metre wide doors, would have a somewhat excessive appearance. A condition is therefore recommended to require the garage doors to be appropriately designed so as to as two doors of a sympathetic colour, design and material. Section 1.4.12 - Colours and materials The new stairs and garage doors to the front entry should be constructed of materials that are consistent with existing materials. Conditions have been recommended to ensure appropriate selection of materials. Character Statements - Kurraba Point South Planning Area The proposed modifications are acceptable having regard to the existing character of Baden Road and Kurraba Point South Neighbourhood as required by Section 4 - Character Statements in NSDCP 2013.
SUBMISSIONS Given the minor nature of the changes that are unlikely to cause any impacts for adjoining properties, it was considered unnecessary to notify the adjoining properties and/or the precinct. PUBLIC INTEREST With the retention of the central sandstone piers, the proposal would not be contrary to the public interest. SITE SUITABILITY
Report of David Hoy, Team Leader Assessments Page 17 Re: 8 & 8A Baden Road, Kurraba Point
The proposal involves minor changes to a heritage item that are permissible in a low density residential zone. Accordingly, the proposal is considered to be suitable for the site. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls YES 2. Policy Controls YES 3. Design in relation to existing building and YES natural environment 4. Landscaping/Open Space Provision YES 5. Traffic generation and Carparking provision YES 6. Loading and Servicing facilities N/A 7. Physical relationship to and impact upon adjoining YES development (Views, privacy, overshadowing, etc.) 8. Site Management Issues YES 9. All relevant S79C considerations of YES Environmental Planning and Assessment (Amendment) Act 1979 10. Section 89 LGA 93 including Clause 12 Consideration YES of Local Government (Approvals) Regulation 1993 CONCLUSION This application seeks a review under Section 96AB of the Act, of Council’s previous approval of S.96 Modifications under Development Application No. 402/11/4. The application relates to a previous approval for alterations and additions to a two storey heritage listed red brick duplex including a second (new) double garage (the northern garage) and other works. The request for review is sought in relation to effect of Council’s approval which resulted in the imposition of an additional Condition No. C18 requiring the retention of the central piers to the northern and the southern garages. The preceding S.96 modification was determined by Council under the delegated authority of the Manager of Development Services. The provisions of S.96AB of the Act require that a review of any determination be undertaken by the Panel. The applicant has sought the review on the basis that the removal of the central sandstone pier in each garage is necessary to alleviate difficulties entering/exiting the garages with cars parked on the other side of the street.
Report of David Hoy, Team Leader Assessments Page 18 Re: 8 & 8A Baden Road, Kurraba Point
A review assessment has been undertaken and the imposition of Condition C18 is not supported given the highly eroded and modified condition of the site and the dominance of surrounding garages and car ports in the immediate vicinity. It is also considered that the retention of the central sandstone columns would have only minor benefit in protecting the overall heritage significance of the site. The impacts on vehicle maneuvering are significant. The modifications originally sought by the application are therefore supported. The proposed modifications are considered to be reasonable in the circumstances and is recommended that the Panel change the determination and grant approval subject to amended conditions. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, modify Development Application No. 402/11 in respect of a proposal to provide a double garage within a stone wall at No. 8 & 8A Baden Road, Kurraba Point pursuant to Section 96(2) of the Environmental Planning and Assessment Act only insofar as to provide for the following amendments: (i) Condition A1 concerned with the approved plans for the development be amended to
reflect the changes to the original proposal as follows:
Development in Accordance with Plans
A1. The development being carried out in accordance with drawings numbered 10.B.20C(dated 15 Dec. 11), 10.GB.21C (dated 16 Dec 11), 10.GB.22D (dated 15 Dec 11), 10.GB.23D (dated 13 April 2012), 10.GB24C (dated 04 Aug 11), 10.GB.25B (dated 04 Aug 11), 10.GB.26C (dated 04 Aug 11), 10.GB.27D (dated 04 Aug 11), 10.GB.28C (dated 04 Aug 11), 10.GB.29D (dated 30 Aug 11), 10.GB.30 (undated), drawn by Anne Colville Architect, and drawings numbered Sheet 1 of 5 and Sheet 2 of 5, undated, drawn by James Patrick Thorpe, received by Council on 21 December 2011 and endorsed with Council’s approval stamp, except where amended by the following conditions.
As amended by the following plans:
Drawings numbered 10.B.20F dated Nov 14; 10.GB.21G dated Nov 14; 10.B.21F dated Nov 14; 10.G.B.22F dated Nov 14; 10G.B.27H dated Nov 14 all plans prepared by Anne Colville
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information) (ii) A new condition is imposed requiring compatible materials for the new staircase:
Materials for new staircase
Report of David Hoy, Team Leader Assessments Page 19 Re: 8 & 8A Baden Road, Kurraba Point
C17 The new materials for the proposed staircase are to match the existing materials. The Certifying Authority must ensure that the building plans and specifications
submitted by the applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To be sympathetic to the character of the heritage item)
(iii) An additional condition be imposed in relation to the colour and material of garage
doors to the northern and the southern garages.
Garage doors C18 The garage doors of the northern and southern garages of the duplex must comply
with the following requirements:
i. the garage doors are to be of panel lift design and have the appearance of two separate doors; and
ii. the design, colour and material of the garage doors must compliment the sandstone facing of the front boundary retaining wall
The selected doors must be approved in writing by Council’s Conservation Planner or other suitably qualified heritage consultant listed on the NSW Office of Heritage website as being consistent with the requirements of this condition prior to the issue of the relevant Construction Certificate.
The Certifying Authority must ensure that the building plans and specifications
submitted by the applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To reduce the impact of the double wide doors on the streetscape
and to be sympathetic to the character of the heritage item) DAVID HOY GEOFF MOSSEMENEAR TEAM LEADER ASSESSMENTS EXECUTIVE PLANNER
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Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based oninformation contained in this map without first checking details held by theresponsible Government authority.
Further details can be obtained by calling (02) 9936 8100 or [email protected].
North Sydney Council
ATTACHMENT TO IPP10 - 5/08/15 Page 20
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