item - reports · 22 march 2016 a meeting was held with the applicant and the property owners to...

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Item ____IPP10 _______ - REPORTS -______06/07/2016 _________ 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 6/07/2016 Attachments: 1. Site Plan 2. Architectural Plans ADDRESS/WARD: 46 Jeffreys Street, Kirribilli (V) APPLICATION No: DA5/16 PROPOSAL: Alterations and additions to an existing heritage listed terrace at the lower ground floor PLANS REF: Drawings numbered A01 Issue C, A03 Issue C, A04 Issue C, A05 Issue C, dated 05/04/2016, drawn by MSB Design, and received by Council on 8 April 2016 OWNER: Lorraine Michelle Kay APPLICANT: MSB Design Pty Ltd AUTHOR: Robin Tse, Senior Assessment Officer DATE OF REPORT: 28 June 2016 DATE LODGED: 13 January 2016 AMENDED: 8 April 2016 RECOMMENDATION: Approval (Internal powder room and laundry only)

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Page 1: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Item ____IPP10_______ - REPORTS -______06/07/2016_________

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 6/07/2016

Attachments:

1. Site Plan

2. Architectural Plans

ADDRESS/WARD: 46 Jeffreys Street, Kirribilli (V)

APPLICATION No: DA5/16

PROPOSAL: Alterations and additions to an existing heritage listed terrace at

the lower ground floor

PLANS REF: Drawings numbered A01 Issue C, A03 Issue C, A04 Issue C, A05

Issue C, dated 05/04/2016, drawn by MSB Design, and received

by Council on 8 April 2016

OWNER: Lorraine Michelle Kay

APPLICANT: MSB Design Pty Ltd

AUTHOR: Robin Tse, Senior Assessment Officer

DATE OF REPORT: 28 June 2016

DATE LODGED: 13 January 2016

AMENDED: 8 April 2016

RECOMMENDATION: Approval (Internal powder room and laundry only)

Page 2: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 2

Re: 46 Jeffreys Street, Kirribilli

EXECUTIVE SUMMARY

This development application seeks NSIPP approval for alterations and additions to an existing

heritage listed terrace at the lower ground floor including internal alterations and the construction

of a rear addition.

The application is reported to North Sydney Independent Planning Panel for determination

as requested by Councillor Gibson and Councillor Bevan.

Council’s notification of the original DA proposal has attracted five (5) submissions raising

concerns about adverse amenity and heritage impacts and unauthorised works within the subject

site. Council received three (3) submissions following the notification of the amended plans.

This assessment has been assessed against the provisions and requirements of the relevant

planning instrument including North Sydney LEP 2013 and North Sydney DCP 2013. The

proposed internal works to provide a powder room and a laundry on the eastern end of the lower

ground floor is considered to be acceptable because such works are all internal and would have

no adverse heritage or amenity impacts on the adjoining properties.

However, the proposed rear addition which proposes the infill of the breezeway is not supported

because of the further increase in the non-compliance with the DCP’s site coverage control (50%

maximum) from 68% to 73% is contrary to the planning objectives in Sections 1.5.5 and 1.5.6 in

Part B of North Sydney DCP 2013. A condition is therefore recommended requiring the deletion

of the proposed rear addition and the associated internal works within the service wing.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the application, as

amended by a condition requiring the deletion of the rear addition, is considered to be satisfactory

and therefore can be approved.

Page 3: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

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Page 4: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 4

Re: 46 Jeffreys Street, Kirribilli

DESCRIPTION OF PROPOSAL

The applicant is seeking NSIPP consent for alterations and additions to an existing heritage listed

terrace. The proposed works will be located on the lower ground floor comprising two main

components being a laundry/powder room and a rear addition:

(a) Laundry and Powder Room - Alterations to the W.C. and a study at the eastern end of

the lower ground floor including the removal of existing internal walls and installation of

new partitioning walls and sliding doors to provide a laundry and a powder room; and

(b) Rear Addition - Demolition of an awning over the existing breezeway, the removal of

part of the roof above the existing dining area and the removal of the existing northern

wall and the chimney of the rear service wing. The construction of a new single storey

addition enclosing the breezeway to provide an open plan siting and dining area.

Figure 1 – Proposed Development

Figure 2 – Proposed Development (Rear (Western) Elevation)

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R3 (Medium Density Residential)

Item (a) Item (b)

Item (b)

Page 5: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 5

Re: 46 Jeffreys Street, Kirribilli

Item of Heritage - Yes

In Vicinity of Item of Heritage – Yes (Nos 44, 48-50 Jeffreys Street)

Conservation Area – Yes (Jeffreys Street Conservation Area)

FSBL - N

Environmental Planning & Assessment Act 1979

SEPP No. 55 - Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

SEPP No. 55 – Remediation of Land

SEPP (Building Sustainability Index: BASIX) 2004

Local Development

POLICY CONTROLS

DCP 2013

DESCRIPTION OF LOCALITY

The subject site is located on the western side of Jeffreys Street between Fitzroy and Pitt Streets

with dual frontages to Jeffreys and Broughton Streets. The subject site slopes away from Jeffreys

Street with a fall of 6.4m with a total site area of 246.6sqm. Currently the subject site is occupied

by a five storey terrace with a double garage at the rear to Broughton Street. The existing

breezeway at the rear has a cover as illustrated in Figure 2.

The immediate locality on the western side of Jeffrey Street is generally characterised by

Victorian and Federation residential terraces. The adjoining properties to the north and south are

heritage listed terraces similar to the subject terrace at Nos 44 and 48 Jeffreys Street. The subject

site and the terraces at Nos 44, 48 and 50 Jeffreys Street form a group of four heritage listed

terraces with the western (rear) elevation highly visible from Broughton Street (see Figure 3).

To the east of the subject site across Jeffrey Street is the school ground of St Aloysius College.

Bradfield Park is located to the west of the site on the western side of Broughton Street.

Figure 2 – Existing breezeway and cover at the rear of the subject terrace

Cover over breezeway

Page 6: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 6

Re: 46 Jeffreys Street, Kirribilli

Figure 3 – Subject Site (Rear Elevation) and the adjoining terraces

RELEVANT HISTORY

A search of Council records has revealed the following history relevant to the subject application

as summarised below:

19 November 1996 Development Consent (1034/96) was granted under delegated

authority for alterations and additions to an existing terrace

including the construction of a double garage with storage facility at

the rear of the site and a new second floor balcony on the rear

(western) elevation. There were no approved works on or above the

breezeway.

14 September 2001 Construction Certificate (x1034/01) was approved for the

construction of the approved rear garage and associated landscaping

works above this new structure.

13 January 2016 The subject Development Application (D5/16) for alterations and

addition to the lower ground floor of the subject terrace was lodged

with Council.

20 January 2016 The applicant was requested to submit drawings with the correct site

address.

25 January 2016 The applicant submitted requested drawings.

4 February 2016 The applicant was requested to submit a diagram demonstrating

compliance with DCP site coverage, unbuilt upon area and

landscaped area controls.

12 -26 February 2016 Council notified the subject development.

16 February 2016 A site inspection was conducted by the Assessing Officer.

3 March 2016 The Assessing Officer inspected the adjoining properties.

Subject Site

No. 44 No. 48 No. 50

Location of the proposed

addition

Page 7: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 7

Re: 46 Jeffreys Street, Kirribilli

22 March 2016 A meeting was held with the applicant and the property owners to

discuss concerns relating to heritage and site coverage.

6 April 2016 The applicant submitted amended plans incorporating design

changes to the proposed rear addition.

15 April - 2 May 2016 The amended plans were notified to the submitters.

16 May 2016 The property owners requested the determination of the application

by NSIPP at its July meeting due to their absence in June.

COMPLIANCE INVESTIGATION/UNAUTHORISED STRUCTURES

Council’s Compliance Division investigated the alleged unauthorised works and identified that

the construction of various building elements within the subject property were unauthorised

including the following works which relate to this application:

(a) The cover over the breezeway and the tiled seating area within the breezeway; and

(b) The installation of French doors on the western elevation of the lower ground floor dining

area to the east of the breezeway seating area.

REFERRALS

Building

The proposed works as the subject of this application have not been assessed in accordance with

compliance with the Building Code of Australia. This would need to be undertaken prior to the

issue of a Construction Certificate. Should significant changes be required to achieve compliance

with BCA standards, a Section 96 application would be necessary.

Heritage

The amended proposal was referred to Council’s Conservation Planner who provided the

following comments:

The amended design for the addition within the breezeway is non-compliant with Part B

Section 13.6.2. However, the proposal is considered to be acceptable on its merits as the

service wing will remain as the visually dominant element. The works will not be easily

seen from the public domain due to its location within the rear setback and the screening

provided by the balustrade and planting over the garage building. The roof of the

addition has been designed to be lower than that of the service wing to allow the original

form of the service wing to be legible.

No objection is raised to the internal alterations to the eastern end of the lower ground

floor to provide a powder room and a laundry.

The following condition is recommended:

Heritage

Page 8: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 8

Re: 46 Jeffreys Street, Kirribilli

The following must be applied to the proposed development to maintain the significance

of the subject heritage listed item and the conservation area:

(a) Retention of Existing Chimney - The existing chimney on the service wing is to

be retained.

(b) New Addition – The new roof must be setback from the western elevation of the

service wing by a minimum of 150mm and new rear wall to be setback a

minimum of 450 mm from the western elevation of the service wing to allow the

service wing to be visually dominant.

(c) Roof Sheeting – The new roof sheeting must have a corrugated profile, or the use

of zinc or copper metal sheeting in a standing or rolled seam construction to

ensure that the roof sheeting is sympathetic to the heritage item.

(d) New Window and Doors - New window and doors must be timber-framed to

ensure the use of a traditional palette of materials characteristic of a heritage

item.

(e) Exterior Colour Scheme - New works must match the existing exterior colour

scheme to ensure that the colours to be applied on the new elements are to be

sympathetic to the heritage item.

(Reason: To maintain the significance of the heritage item and the conservation

area.)

Planning Comment:

Whilst the heritage concerns relating to the proposed rear addition can be addressed by

conditions, consideration has to be given to compliance with other town planning requirements,

particularly the site coverage controls as detailed later in this report.

Engineering

Council’s Development Engineer raised no in-principle objection to the proposed development

subject to the imposition of appropriate engineering conditions, including a requirement for the

submission of a stormwater management plan, should approval be granted for this application.

SUBMISSIONS

Adjoining property owners and the Bradfield Precinct were notified of the subject application

between 12 and 26 February 2016. The notification of the application attracted five (5)

submissions. The issues raised in the submissions are sunmarised as follows:

Basis of Submissions

Excessive height of the proposed addition.

Adverse impacts on access to natural light.

Potential light spill from proposed clerestory windows.

Concerns about stormwater drainage from a low pitched roof.

Restricted access to the area between the proposed addition and the northern common wall.

Adverse heritage and streetscape impacts as the proposed addition would be highly visible

from Broughton Street.

Page 9: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 9

Re: 46 Jeffreys Street, Kirribilli

Unauthorised works had been undertaken within the subject site.

Excessive bulk and scale.

Adverse heritage impacts due to high visibility from the rear addition.

Various errors on submitted plans including the omission of an existing chimney on the

service wing.

Unsympathetic addition to a heritage item.

Excessive bulk and scale.

Excessive height of the proposed addition with clerestory windows.

Adverse noise impacts.

Overshadowing.

Potential reflectivity from the roof.

Loss of privacy.

Unauthorised works within the subject site.

Proposed height, bulk and scale of the rear addition that is likely to detract from the

significance of the heritage item.

Concerns were raised about structural issues affecting adjoining properties.

The unsympathetic appearance of the proposed addition that is likely to detract from the

significance of the subject heritage listed item,

High visibility of the proposed rear addition from the public domain.

The submitters were notified of the amended plans between 15 April and 2 May 2016. A total of

three (3) submissions were received that raised the following issues not previously raised in the

original submissions:

Uncharacteristic materials.

Safety concerns arising from a Juliette balcony above the roof of the proposed addition.

The submitted drawings included alleged unauthorised structures on the roof level.

Concerns arising from stormwater run off from the proposed works along the common

property boundary of Nos 46 and 48 Jeffreys Street.

Potential reduction in landscaped area due to inconsistencies between the original and

amended plans.

CONSIDERATION

The relevant matters for consideration under Section 79C of the Environmental Planning and

Assessment Act 1979, are assessed under the following headings:

SEPP 55 Remediation of Land

The provisions of SEPP 55 require Council to consider the likelihood of land contamination and

any remediation necessary to rehabilitate the site. Council’s records indicate that the site has

previously been used for residential development and as such is unlikely to contain any

contamination; therefore the requirements of the above SEPP have been satisfactorily addressed.

SREP (Sydney Harbour Catchment) 2005

Having regard to the SREP (Sydney Harbour Catchment) 2005, and the Sydney Harbour

Page 10: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 10

Re: 46 Jeffreys Street, Kirribilli

Foreshores and Waterways Area DCP 2005, the proposed development is not considered to be

detrimental to water quality due to the nature of the proposal and will not unduly impose upon

the character of the foreshore given that the proposed works would not be visible from the

Harbour. As such, the development satisfies the provisions contained within SREP 2005 and the

Sydney Harbour Foreshores and Waterways DCP 2005.

SEPP (Building Sustainability Index: BASIX) 2004

A suitable BASIX Certificate has been submitted with the application. A condition can be

imposed requiring compliance with the commitments contained in the certificate should approval

be granted for this application.

NORTH SYDNEY LEP 2013

1. Permissibility within the zone:

The subject site is zoned Residential R3 (Medium Density Residential) under the provisions of

the North Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes

of alterations and additions to an existing semi-detached dwelling/terrace is permissible with the

consent of Council.

2. Objectives of the zone

The proposal is generally consistent with the objectives of the R3 (Medium Density Residential)

Zone.

3. Height of Buildings

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 246.6m² Proposed Control Complies

Clause 4.3 – Heights of Building 2.8m

(new works) 8.5m Yes

The proposed new works would have a height of 2.8m which complies with the maximum

building height limit of 8.5m in accordance with Clause 4.3(2) of North Sydney LEP 2013.

4. Heritage Conservation

The proposal has been assessed against the relevant heritage objectives and provisions as

contained in the North Sydney LEP 2013, particularly Clauses 5.10(1) and 5.10(4) of the North

Sydney LEP 2013.

The proposal, as amended by the condition as recommended by Council’s Conservation Planner,

generally satisfies the relevant heritage conservation provisions in the North Sydney LEP 2013.

NORTH SYDNEY DCP 2013

Site Coverage, Unbuilt Upon Area and Landscaped Area

Page 11: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 11

Re: 46 Jeffreys Street, Kirribilli

The existing development does not comply with the DCP’s site coverage, unbuilt upon area and

landscaped area requirements. The proposal would cause a further non-compliance with the

permissible site coverage controls as indicated below:

DCP Site Coverage, Unbuilt Upon Area and Landscaped Area Requirements

Site Area

246.6m2

Existing* Proposed Complies

Site Coverage

50% (max)

123.3m2

67%

164.8m2

73%

181.8m2

NO

Landscaped Area

30% (min)

74m2

3%

6.6m2

3%

6.6m2

NO

Unbuilt Upon Area

20% (max)

49.3m2

30%

75.2m2

24%

58.2m2

NO

* Excluding unauthorised covered breezeway.

It is noted that a garden with planter beds and lawn areas are provided on a roof terrace above the

double garage to Broughton Street as part of the previous 1996 development consent (1034/96)

and the subsequent Construction Certificate, however, this garden is classified as site coverage in

accordance with P2 Section 1.5.5 in Part B of NSDCP 2013 because of its location above a

garage building.

The rear yard between the service wing and the double garage is paved with the exception of

planting along the southern property boundary which is the only area classified as landscaped

area within the subject site.

Further consideration is given to the DCP objectives for site coverage and landscaped area as

detailed below pursuant to Sections 1.5.5 and 1.5.6 in Part B of North Sydney DCP 2013:

Section 1.5.5 – Site Coverage Objectives

To ensure that development is balanced and in keeping with the optimum capacity of the

site with no over development.

To ensure that development promotes the existing or desired future character of the

neighbourhood.

To control site density.

To limit the building footprint so as to ensure adequate provision is made for landscaped

area and private open space.

The proposed addition would further increase site coverage and the building footprint of the

subject property with the proposed infill of the breezeway that does not promote the character of

the subject building and the neighbourhood.

Section 1.5.6 – Landscaped Area Objectives

a) promote the character of the neighbourhood;

The proposed addition with a further increase in the building footprint does not promote

Page 12: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 12

Re: 46 Jeffreys Street, Kirribilli

the character of the neighbourhood.

b) provide useable private open space for the enjoyment of residents;

The proposal would result in a reduction in private open space within the subject site due

to the increase in the building footprint.

c) provide a landscaped buffer between adjoining properties;

Whilst the existing breezeway is paved with a cover above, this building element is

unauthorised and the area could potentially be used to provide additional landscaping as a

buffer between the service wing and the adjoining property to the north at No.48 Jeffreys

Street.

d) maximise retention and absorption of surface drainage water on site;

The existing paving and cover over the breezeway are unauthorised and the proposal

would further increase the building footprint and impermeable surfaces within the subject

site.

e) minimise obstruction to the underground flow of water;

The proposal does not involve additional excavation and is unlikely to obstruct the

underground flow of water.

f) promote substantial landscaping, that includes the planting of trees that when mature

will have significant canopy cover;

The proposal does not promote or provide additional deep soil landscaping on the

property given extensive paved area within the rear yard between the service wing and the

double garage. The existing garden above the double garage can not support significant

planting due to insufficient soil depth.

g) control site density;

The site currently supports a single dwelling and there would be no change to the site

density.

h) minimise site disturbance;

The proposal does not involve excavation and is unlikely to result in additional

disturbance to the existing landform.

i) contributes to streetscape and amenity;

The western elevation of the subject site is visible from Broughton Street and the

proposed infilling of the breezeway would not contribute positively to the streetscape.

j) allows light to penetrate between buildings;

The proposed addition, being a single storey structure not significant higher than the

boundary walls, would not cause a material loss of daylight to surrounding properties.

k) encourage the provision of space for biodiversity conservation and ecological

processes;

It is unlikely that the area for the proposed addition would make a significant contribution

to the ecological process given the nature of the highly built-up/density of the locality.

l) provide a buffer between bushland areas and development.

The subject site does not adjoin any bushland areas.

Page 13: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 13

Re: 46 Jeffreys Street, Kirribilli

As indicated above, the proposed rear addition is considered to be unsatisfactory having regard to

the objectives and provisions as contained in sections 1.5.5 and 1.5.6 in Part B of NSDCP 2013.

The proposed works to create the powder room and laundry on the eastern end of the lower

ground floor would have no impact on the site coverage and landscaped area as such works are

all internal.

The proposal has also been assessed against other relevant DCP requirements/controls as detailed

below:

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development

complies Comments

1.2 Social Amenity

Population Mix

Maintaining Residential

Accommodation

Yes The proposal would not change the population mix and the level of

residential accommodation available within the locality.

Affordable Housing

Housing for Seniors/Persons with

disability

Yes The proposed development would not affect the supply of affordable

housing and housing for seniors or people with disabilities.

1.3 Environmental Criteria

Topography Yes The proposed development would not alter the existing

landform/topography of the subject site.

Views Yes The proposal is unlikely to affect significant views from the street or the

adjoining properties because the new addition is located on the lower

ground level at the rear of the existing terrace and adjacent to the existing

service wing.

The roof of the proposed addition would be up to 1m higher than the top

of the existing common property boundary wall for Nos 46 and 48 Jeffrey

Street. Whilst this would cause some obstruction to the outlook towards

nearby buildings, vegetation and sky, the Harbour Bridge northern

approaches would still be visible from the kitchen window of No.48

Jeffrey Street as illustrated in Figure 4 below:

Figure 4 – View from the kitchen window at No.48 Jeffreys Street

The proposal is considered to be acceptable in terms of view impacts.

Solar Access Yes There would be some additional overshadowing primarily on the rear yard

of the subject site between 9am and 12 noon in mid winter. However, the

shadowing impacts for the adjoining properties are not considered to be

material because of the northerly aspect of the proposed addition.

Acoustic Privacy

Visual Privacy

Yes The proposed addition with full height glazed doors to the rear yard is

unlikely to cause noise nuisance for the adjoining properties.

The existing boundary fencing and vegetation would provide visual

privacy protection from the proposed addition. In addition, there is a high

Outline of the proposed addition

Page 14: Item - REPORTS · 22 March 2016 A meeting was held with the applicant and the property owners to discuss concerns relating to heritage and site coverage. 6 April 2016 The applicant

Report of Robin Tse, Senior Assessment Officer Page 14

Re: 46 Jeffreys Street, Kirribilli

level of mutual overlooking of the rear yards of the adjoining properties

from the upper levels of the subject site and adjoining properties given the

nature of existing development.

Furthermore, the proposed addition would have the primary outlook

towards Bradfield Park to the west. It is therefore considered that the

proposal is acceptable with regard to acoustic and visual privacy for the

adjoining properties.

1.4 Quality built form

Context No The subject site is a heritage listed building within a conservation area.

The proposed rear addition to infill the breezeway is considered to be

undesirable, however, it is considered to be acceptable for the reasons

stated in the comments from Council’s Conservation Planner stated earlier

in this report.

Subdivision Pattern Yes The proposal would not change the subdivision pattern of the subject site

and the locality.

Siting Yes The proposal would not alter the general siting and orientation of the

subject main dwelling.

Setback – Side No The proposal does not comply with DCP side boundary setback controls

as shown below.

Elevation

Existing Proposed Control Complies

Ground Floor:

- N Elevation*

- S Elevation*

0m

0m

0m

0m

900mm

900mm

No

No

* Common Wall

The proposed internal works within the service wing would not result in

further changes to the building envelope of this structure. The proposed

rear addition would result in further non-compliance with the side setback

from the northern boundary with No.48 Jeffreys Street.

The proposal is not consistent with the DCP setback objectives because

the proposed works would remove the setback between the service wing

and the northern property boundary and cause a further increase in the

building footprint as well as the bulk and scale of the building.

In addition, part of the proposed rear addition would be located to the

south with a minimum of zero setback from the northern boundary wall.

Consideration has been given to the planning principles established in

Galea v Marrickvill Council [2003} NSWLEC 113. Whilst Jeffreys

Street is characterised by terraces, the proposal is unlikely to cause

material amenity impacts for the adjoining properties in terms of the loss

of significant views and overshadowing, the applicant has no control over

the adjoining sites because the adjoining property owners to the north and

south (i.e. 44 & 48 Jeffreys Street) have not granted consent for the

applicant to access and maintenance the adjoining properties.

It is therefore considered that the proposal is not consistent with Section

1.4.6 P3 of North Sydney DCP 2013.

Setback - Rear Yes The rear boundary setback of the proposed addition would generally be

consistent with those of the subject site and the adjoining properties.

Form Massing Scale

Built Form Character

No As indicated earlier in this report, the proposed rear addition would

increase the footprint of the building. The proposed addition would

introduce an undesirable built form for the subject terrace and the

neighbourhood. It is however noted that the proposal is acceptable in

heritage terms with the imposition of appropriate heritage conditions

should approval is granted for this building element.

Dwelling Entry No change The proposal would not alter the eastern elevation and the dwelling

entrance facing Jeffreys Street.

Roofs Yes The proposed skillion roof form for the western addition is generally

consistent with the relevant requirements of the DCP Character Statement.

Materials Yes

(via

condition)

Council’s Conservation Planner has recommended conditions relating to

colours and materials should approval be granted for the proposed

addition.

1.5 Quality Urban Environment Vehicle Access and Parking No change A double garage is located at the rear of the subject site to Broughton

Street. The proposal would not change the current parking and vehicular

access arrangements.

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Re: 46 Jeffreys Street, Kirribilli

Site Coverage

Unbuilt Upon Area

Landscaped Area

No The proposal does not comply with DCP’s site coverage, unbuilt upon

area and landscaped area requirements as detailed earlier in this report.

Excavation N/A The proposal does not involve any excavation of the subject site.

Landscaping N/A The proposal does not involve landscaping works within the subject site.

1.6 Efficient Use of Resources Energy Efficiency Yes The applicant has submitted a BASIX certificate to demonstrate complies

with the energy efficiency requirements.

Kirribilli Planning Area (Jeffreys Street Conservation Area)

Consideration has been given to the Character Statement for Kirribilli Planning Area as contained

in Section 8 in Part C of North Sydney DCP 2013 in particular Section 8.5 for Jeffreys Street

Conservation Area.

Whilst the proposal was found to be generally consistent with the DCP Character Statement for

Jeffreys Street Conservation Area, the proposal is undesirable because this would alter the form,

bulk and scale on the rear elevation of the terrace with the existing breezeway to be infilled by

the proposed addition.

CONCLUDING COMMENTS

Following the assessment of the proposal against the relevant planning controls, no objection is

raised to the proposed internal works on the eastern end of the lower ground floor for a powder

room and laundry.

However, the proposed rear addition which requires the breezeway to be infilled is not supported

because of the further numerical non-compliance with the DCP maximum site coverage control

of 50%. The proposal would cause a further on-compliance with site coverage from 67% to 73%.

Whilst landscaping is provided above the existing garage at the rear, this area is not capable of

providing significant deep soil planting and is also classified as site coverage in accordance with

the DCP.

The approval of the proposed rear addition may also set an undesirable precedent for similar

developments for other heritage listed items in the locality. A condition is recommended

requiring the deletion of the proposed rear addition and the associated works internal works

within the service wing (Condition C1).

Suitability of the Site for the Proposed Development

The proposed internal works for the new powder room and laundry are considered to be suitable

development for the subject site because the works are all internal. However, the proposed

addition is not supported because of the non-compliance with the DCP requirements as detailed

earlier in this report.

Public Interest

The proposal, as amended by condition of consent, is considered to be satisfactory and the

approval of the application will be in the public interest.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

All likely impacts of the proposed development have been considered within the context of this

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Re: 46 Jeffreys Street, Kirribilli

report.

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

SUBMITTORS CONCERNS

The issues raised in the submissions received primarily relate to the proposed rear addition and

this component of the application is not supported for the reasons detailed throughout this report.

The key issues raised in the submissions are addressed as follows:

Adverse heritage impacts due to the unsympathetic appearance, excessive bulk and scale

of the proposed addition, the use of uncharacteristic materials and its high visibility from

Broughton Street and the public domain.

Comment:

The applicant has amended the original proposal for the rear addition including lowering the

height of the structure and the deletion of the clerestory windows. Council’s Conservation

Planner has raised no objection to the proposal in heritage terms subject to the imposition of

conditions should consent be granted for this application.

Adverse impacts on access to natural light.

Comment:

As detailed earlier in this report, the proposed rear addition is unlikely to cause material

overshadowing of the adjoining property to the south between 9am and 3pm in mid winter

because of the northerly aspect of this proposed structure. Furthermore, the impacts on access

to natural light for the adjoining properties are not considered to be material because of the

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Re: 46 Jeffreys Street, Kirribilli

height of the proposed addition would not be significantly higher than the existing surrounding

structures.

Concerns about stormwater drainage and structural issues affecting the adjoining

properties.

Comment:

Appropriate engineering conditions have been recommended by Council Officers including the

submission of a stormwater management plan and certification on structural adequacy of the

existing building should approval be granted for the proposed addition.

Reduction in landscaped area

Comment:

As detailed earlier in this report, the existing development does not comply with the DCP ‘s

maximum site coverage (50%) and landscaped area minimum requirements (30%). The

proposed addition would cause a further non-compliance with the DCP site coverage control

from the existing non-complying 68% to 73%. The proposal does not involve an increase in the

existing non-complying landscaped area of 3%. Therefore, the proposed development for a rear

addition is therefore not supported.

Unauthorised works had been undertaken within the subject site.

Comment:

Council’s Compliance Division has conducted investigation and confirmed various building

elements have been constructed over time without development approval including the cover

over the breezeway.

Potential light spill from proposed clerestory windows.

Comment:

The applicant has deleted the clerestory windows above the proposed addition in the amended

plans.

Safety concerns arising from a Juliette balcony above the roof of the proposed addition.

Comment:

This ground floor opening on the western elevation does not form part of the current

development application. The property owner has been advised to ensure building safety and

compliance with the relevant building requirements.

CONCLUSION

The development application has been assessed against the North Sydney LEP 2013 and North

Sydney DCP 2013 and generally found to be unsatisfactory because of the significant non-

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compliance with the DCP site coverage and landscaped area controls.

The proposed rear addition which requires the existing breezeway to be infilled is not supported

because of the further increase in the non-compliance with the DCP maximum site coverage

(50%) from the existing non-complying 67% to 73%. A condition is therefore recommended

requiring the deletion of the proposed rear addition and the associated internal works within the

service wing.

However, the proposed internal works to provide a powder room and laundry on the eastern end

of the lower ground floor is considered to be acceptable because such works are all internal and

would have no adverse heritage or amenity impacts on the adjoining properties.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the application, as

amended by a condition requiring the deletion of the rear addition, is considered to be satisfactory

and therefore can be approved.

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 Acting General

Manager as the consent authority, grant partial consent to Development Application No. 5/16 for

alterations and additions to the existing heritage listed terrace at No.46 Jeffreys Street, Kirribilli,

subject to the attached site specific and standard conditions:-

Terms of Consent

A4. Approval is granted for the following works as shown on drawings numbered A03C,

A04C, A05C, dated 05/04/2016, drawn by MSB Design, received by Council on 8 April

2016:

Lower Ground Floor

Alterations to the W.C. and a study at the eastern end of the lower ground floor

including the removal of existing internal walls and installation of new partitioning

walls and sliding doors to provide a laundry and a powder room

No approval is given or implied in this consent for any other works, both internal and

external, within the subject property.

(Reason: To ensure the terms of the consent are clear)

Design Modifications

C1. The proposed rear addition and associated works to the adjacent service wing on the

western end of the lower ground level must be deleted from this approval and forms no

part of this consent as indicated in red on the approved plans.

The Certifying Authority must ensure that the building plans and specifications submitted

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by the Applicant, referenced and accompanying the issued Construction Certificate, fully

satisfy the requirement of this condition.

(Reason: Deletion of the proposed rear addition and associated works and to

ensure the terms of consent is clear.)

Robin Tse Robyn Pearson

SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS

Stephen Beattie

MANAGER DEVELOPMENT SERVICES

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

46 JEFFREYS STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 5/16

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Date Drawn by Received

A03 C 05/04/2016 MSB Design 8 April 2016 A04 C 05/04/2016 MSB Design 8 April 2016 A05 C 05/04/2016 MSB Design 8 April 2016

(Reason: To ensure that the form of the development undertaken is in

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.

(Reason: To ensure that the form of the development undertaken is in

accordance with the determination of Council, Public Information and to ensure ongoing compliance)

No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

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Terms of Consent

A4. Approval is granted for the following works as shown on drawings numbered A03C, A04C, A05C, dated 05/04/2016, drawn by MSB Design, received by Council on 8 April 2016:

Lower Ground Floor

Alterations to the W.C. and a study at the eastern end of the lower ground floor including the removal of existing internal walls and installation of new partitioning walls and sliding doors to provide a laundry and a powder room No approval is given or implied in this consent for any other works, both internal and external, within the subject property.

(Reason: To ensure the terms of the consent are clear)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Design Modifications

C1. The proposed rear addition and associated works to the adjacent service wing on the

western end of the lower ground level must be deleted from this approval and forms no part of this consent as indicated in red on the approved plans.

The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the requirement of this condition.

(Reason: Deletion of the proposed rear addition and associated works and to

ensure the terms of consent is clear.) Dilapidation Report Damage to Public Infrastructure

C2. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

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The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction) Structural Adequacy of Existing Building C3. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.

(Reason: To ensure the structural integrity of the building is maintained)

Waste Management Plan C4. A Waste Management Plan is to be submitted for approval by the Certifying Authority

prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

a) The estimated volume of waste and method of disposal for the construction

and operation phases of the development; b) The design of the on-site waste storage and recycling area; and c) Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building

waste)

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Colours, Finishes and Materials (Heritage Items) C5. A traditional palette of finishes, materials and colour schemes must be selected for the

new building works appropriate to the architectural style of the original building and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.

(Reason: To ensure that exterior colours, finishes and materials are sympathetic

to the significance of the heritage item.) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C6. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $1,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls) required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after

the work is completed. The security required by this condition and in the schedule contained later in these conditions must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of

the security immediately; • the applicant has not repaired or commenced repairing damage within 48 hours

of the issue by Council in writing of instructions to undertake such repairs or works;

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• works in the public road associated with the development are to an unacceptable quality; and

• the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure) Asbestos Material Survey C7. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following: a) the removal of asbestos must be undertaken by a WorkCover licensed

contractor; b) all removal must be in strict accordance with the requirements of the

WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

Security Deposit/ Guarantee Schedule C8. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($) Footpath Damage Bond $1,000.00 TOTAL BONDS $1,000.00

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The security required by the above schedule must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)

D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Commencement of Works Notice

D2. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the

commencement of any building work, demolition or excavation)

E. During Demolition and Building Work Removal of Extra Fabric E1. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith. No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.

(Reason: To ensure compliance with the terms of this development consent)

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Dust Emission and Air Quality E2. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration E3. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Special Permits E4. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must occur entirely on the property. The developer, owner or builder may apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property. In the event that a permit is granted by Council for the carrying out of works, processes, storage of materials, loading and unloading associated with the development on Council's property, the development must be carried out in accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -

1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

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2) Hoardings

Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.

(Reason: Proper management of public land)

3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.

(Reason: Proper management of public land)

4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.

(Reason: Proper management of public land)

Construction Hours E5. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays. Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition works” means any physical activity to tear down or break up a

structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.

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c) “Excavation work” means the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community) Site Amenities and Facilities E6. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements, must be provided and maintained at all times. The type of work place determines the type of amenities required.

Further information and details can be obtained from the Internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Health and Safety E7. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Prohibition on Use of Pavements E8. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)

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Plant & Equipment Kept Within Site E9. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within the boundaries of the site (unless a permit is obtained from Council beforehand) and so placed that all concrete slurry, water, debris and the like must be discharged onto the building site, and is to be contained within the site boundaries.

Details of Council requirements for permits on public land for standing plant, hoardings, storage of materials and construction zones and the like are available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)

Waste Disposal E10. All records demonstrating the lawful disposal of waste must be retained and kept

readily accessible for inspection by regulatory authorities such as North Sydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)

Asbestos Removal E11. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence and removal must be carried out in accordance with National Occupational Health and Safety Commission. (Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements) F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory)

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Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a principal contractor is required to be

appointed:

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.

2) If arrangements for doing residential building work are changed while the work is in progress such that the information submitted to Council in accordance with this conditions is out of date, work must cease and no further work may be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

Note: A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or excavation)

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46 JEFFREYS STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 5/16 Page 12 of 13

September 2013 v1

Construction Certificate F4. Building work, demolition or excavation in accordance with the development consent

must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or excavation)

Occupation Certificate F5. A person must not commence occupation or use of the whole or any part of a new

building (new building

includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory) Demolition F6. Demolition work must be undertaken in accordance with the provisions of AS2601-

Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage)

Site Sign F7. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited; b) showing the name of the principal contractor (or person in charge of

the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

c) showing the name, address and telephone number of the Principal

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

(Reason: Prescribed - Statutory)

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September 2013 v1

G. Prior to the Issue of an Occupation Certificate Damage to Adjoining Properties G1. All precautions must be taken to prevent any damage likely to be sustained to

adjoining properties. Adjoining owner property rights and the need for owner’s permission must be observed at all times, including the entering onto land for the purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G2. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to Council.

(Reason: To ensure compliance with the terms of this consent)

Disposal Information G3. Upon completion of works and prior to occupation, a report including the following

information must be provided to Council’s Open Space and Environmental Services Department:

(a) the total tonnage of all waste and excavated material disposed of from the site

(including any tipping dockets); and (b) the disposal points and methods used.

(Reason: To ensure appropriate disposal methods are undertaken for auditing

and inspection purposes) Compliance with Certain conditions G4. Prior to the issue of any Occupation Certificate Condition C1 must be certified as

having been implemented on site and complied with.

(Reason: To ensure the development is completed in accordance with the requirements of this consent)

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For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.