item - reports...item ___ipp05_ - reports -_04/03/2015___ no rt h s y dne y co unci l re...

Item _____IPP05______ - REPORTS -______04/03/2015_________

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 04/03/2015

Attachments: 1. Site Plan

2. Architectural Plans 3. Shadow Diagrams

4. Clause 4.6 Request for Variation ADDRESS/WARD: 131 Chandos Street, Crows Nest (W) APPLICATION No: DA439/14 PROPOSAL: Alterations and Additions to the Existing Attached Single Storey

Dwelling Including Construction of Carport PLANS REF: Drawings numbered 1 through 5, Reference No. 14/08, drawn by

Tony Martin Planning, and received by Council on 11 December 2014 and 17 February 2015

OWNER: Mark Daly APPLICANT: Mark Daly AUTHOR: Jonathan Archibald DATE OF REPORT: 23 February 2015 DATE LODGED: 10 December 2014 AMENDED: 17 February 2015 RECOMMENDATION Approval

Report of Jonathan Archibald, Assessment Officer Page 2 Re: 131 Chandos Street, Crows Nest

EXECUTIVE SUMMARY This development application seeks Council’s approval for Alterations and Additions to the Existing Attached Single Storey Dwelling Including Construction of Carport at 131 Chandos Street, Crows Nest. The application is reported to NSIPP as skylight components of the proposed works breach the permissible height limit of 5.5m pursuant to Clause 4.3(2A) & 4.3(2B)in the NSLEP 2013. The non compliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Infrastructure. The application was advertised during the period 9 January 2015 to 23 January 2015 in accordance with Part A (Section 4) of the North Sydney Development Control Plan 2013. During this period no submissions were received. The site and existing dwelling is located within the Holtermann Estate A Conservation Area and is identified as being a Contributory Heritage Item. The proposed variation to the street elevation height control affects properties within a Conservation area and is supported in this instance as the proposed works do not materially alter presentation of the dwelling within the streetscape while increasing amenity of the occupants of the dwelling. Proposed works also do not seek to alter the existing roof form of the Contributory Item, itself exceeding current height controls for the site. The proposal has been referred to Council’s Heritage Officer, who responded in support of the proposal subject to the imposition of conditions. A condition has been recommended to require the carport to be modified in form to have a flat roof profile instead of the proposed contemporary cantilevered form. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions.

LOCATION MAP

Page 3

Property/Applicant Submittors - Properties Notified

Re: 131 Chandos Street, Crows Nest - DA 439/14

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DESCRIPTION OF PROPOSAL The proposed development seeks Alterations and Additions to the Existing Attached Single Storey Dwelling Including Construction of Carport at 131 Chandos Street, Crows Nest (Lot A DP439698). Further to a review of submitted plans a breakdown of works includes:

• Dwelling alterations and additions including reconfiguration, comprising installation of new partition walls, new window to front facade and window marked W3 to western elevation.

• Modification of roof form, including demolition of existing chimney; include rear addition, to be constructed of Colourbond sheeting;

• Reconstruction of rear access stairs from dwelling to courtyard; • Construction of a carport within the rear setback accessible from Chandos Lane.

Please refer to an extract of submitted plans outlined below:

Figure 1: Extract of submitted Site Plan.

Figure 2: Extract of submitted Floor Plan.


Figure 3: Extract of submitted Roof Plan.

Figure 4: Extract of submitted Eastern Elevation

Figure 5: Extract of submitted Western Elevation

Figure 6: Extract of submitted Northern and Southern Elevations


Figure 7: Extract of submitted Northern Elevation Fence Detail

Figure 8: Extract of submitted carport detail.

STATUTORY CONTROLS North Sydney Local Environmental Plan 2013

• Zoning – R2 Low Density Residential (Abuts SP2 Infrastructure Zone, Being Chandos Street Itself)

• Item of Heritage – Contributory Item • In Vicinity of Item of Heritage - No • Conservation Area – Yes (CA07 – Holtermann Estate A Conservation Area)

Environmental Planning & Assessment Act 1979 Local Development POLICY CONTROLS North Sydney Development Control Plan 2013


DESCRIPTION OF LOCALITY The subject site is identified as 131 Chandos St, Crows Nest (Lot A DP439698). The site is regular in shape with a total area of 209.6m2 and currently accommodates a single storey dwelling, attached along the eastern boundary to 133 Chandos Street, Crows Nest. The existing dwelling is oriented towards Chandos Lane to the South of the site, however gains vehicular access from Chandos Lane to the South/rear.

Figure 9: Aerial view of locality. Source: Sixmaps.nsw.gov.au.

The site is zoned R2 Low Density Residential and located within the Holtermann Estate A Conservation Area, pursuant to the North Sydney Local Environmental Plan 2013. The surrounding locality is characterised by a regular subdivision pattern with a mix of detached and semi-detached Victorian dwelling houses and include single and double storey development, with a proliferation of modern rear additions. Development patterns within the locality are also characterised by a dwelling orientation towards the street, with vehicular access (including garage, carport structures etc., of which the subject application seeks) obtained via a rear lane (in this case Chandos Lane). Structures adjoining this rear lane vary in design, width and setback across the streetscape. The site does not contain any significant vegetation. Please refer to an extract of NSLEP2013 Zoning and Heritage Maps below:

Figure 10: Extract of NSLEP2013 Zoning

Map.

Figure 11: Extract of NSLEP2013 Heritage

Map.


Figure 12: View of Site from Chandos Street. Photo taken during Council Site Inspection 13

February 2015.

Figure 13: View of Rear of Site. Photo taken during Council Site Inspection 13 February

2015.


RELEVANT HISTORY Subject Site Council records do not indicate any development application history for the subject site. Surrounding Sites Council records indicate the following recent development history on surrounding sites: 137 Chandos Street, Crows Nest DA294/13 was lodged on 2 September 2013, seeking alterations and additions to the existing dwelling, including construction of a carport. During assessment of the application the applicant was advised of Council’s inability to support the application on the grounds of non-compliance with Heritage (and other) provisions contained within the North Sydney Local Environmental Plan 2001 in force at the time. This application was subsequently withdrawn on 9 October 2013. DA65/14 was lodged on 13 March 2014, again seeking approval for alterations and additions to the existing dwelling, including construction of a carport. Again, during assessment of this application the applicant was advised of Council’s inability to support the application on the grounds of continued non-compliance with Heritage provisions within the recently introduced North Sydney Local Environmental Plan 2013 and North Sydney Development Control Plan (introduced November 2013). This application was also subsequently withdrawn on 21 May 2014. DA217/14 was lodged on 3 July 2014, seeking approval for approval for highly revised form of alterations and additions to the existing dwelling, including construction of a carport. This third revised application was approved by Council on 19 September 2014, subject to conditions, the revised development having addressed the heritage impact associated with the originally proposed works. Subject Application

• 10 December 2014 – Subject Application lodged with Council;

• 23 January 2015 – Application notified during the period 9 January 2015 to 23 January 2015 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period no submissions were received.

• 2 February 2015 – Letter Issued to applicant requesting submission of a Clause 4.6 statement and design revisions relating to address non-compliances with the North Sydney Development Control Plan 2013 relating to carport and site coverage matters.

• 13 February 2015 – Council Site Inspection undertaken;

• 17 February 2015 – Revised documentation submitted to address Council’s letter 2 February 2015.


REFERRALS Building The proposal would have to comply with the Building Code of Australia. A condition can be imposed to ensure compliance. Heritage The application has been reviewed by Council’s Conservation Planner, Lisa Trueman, who responded in general support of the proposal, subject to conditions, including revision of the proposed carport component to be a flat roof form via imposition of condition. Please refer to an extract of comments provided below: 1. Heritage Status and Significance: • Contributory item located within the Holtermann Estate A Conservation Area, significant for being ‘a good example of a

Federation Bungalow style of building.’ • In the vicinity of numerous contributory items, this includes the majority of houses along both sides of Chandos Street. 2. The property: The site was inspected externally on 18 December 2014. The property contains a single storey semi-detached dwelling that clearly originates from the Federation era. The building’s external form is substantially intact, and it has been the subject of some modification and a later addition at the rear. It is one of a pair with No. 133 Chandos Street. The property has access to, and is visible from Chandos Lane at the rear. 3. The proposal: The proposal is for alterations and additions to the dwelling, including internal reconfiguration, new windows, and an addition at the rear of the original cottage located behind and below the existing ridge line. The proposal also involves a new a single carport accessed from the rear lane, and a new front fence to Chandos Street. 4. Heritage Impact Assessment: The subject building has been identified as a contributory item, significant for being a Federation bungalow that clearly originates from the significant era of development of the conservation area, providing a strong positive contribution to the conservation area. The Holtermann Estate A Conservation Area is significant (in part) ‘for its consistent late 19th and early 20th century residential character and the unity of its low scale built form that derives from its regular grid subdivision pattern and single storey, detached and attached dwelling houses in a mixture of later Victorian and early Federation styles.’ Characteristic buildings, as described in the Area Character Statement, are ‘single storey detached, semi-detached and attached dwelling houses’. No objections are raised to the proposed internal modifications, as they will not impact on the buildings contribution to the conservation area. The proposed replacement of the front windows with French doors is considered acceptable as the doors have been designed to reflect the character of the area. The proposed front fence is considered to be an improvement on the existing, uncharacteristically high front fence, and results in an improvement in the building’s contribution to the streetscape. The proposed rear addition is single storey in scale, and located behind and below the existing roof line of the cottage, As such, the addition will not be visible when viewed from Chandos Street. The addition will not alter the scale or character of the building, and the new addition will be clearly discernable as new work due to articulation of the form and use of materials. The works have generally been designed to reflect the character and have minimal impact on the significance of the Conservation Area. Whilst no in-principle objections to the proposed carport are raised on heritage grounds, the curved roof of the proposed rear carport is considered to be inconsistent with the character of Chandos Lane. Whilst one other carport with a curved roof exists nearby, this was constructed without Council approval and is considered to have an adverse impact on the character of the landscape. Accordingly, a condition is recommended that the carport have a flat roof in order to reduce its heritage impact.


5. Conclusion and Recommendations: An assessment of the proposed works at 131 Chandos Street, Crows Nest has been undertaken in terms of Part 5 Clause 5.10 (Heritage Conservation) of the North Sydney LEP 2013 and Section 13 (Heritage and Conservation) of the North Sydney DCP 2013. The property is listed as a contributory item, and with its pair, forms a strong contribution to the character and significance of the Holtermann Estate Conservation Area. No objections are raised to the proposed internal modifications, as they will not impact on the buildings contribution to the conservation area. The proposed replacement of the front windows with French doors is considered acceptable as the doors have been designed to reflect the character of the area. The proposed front fence is considered to be an improvement on the existing, uncharacteristically high front fence, and results in an improvement in the building’s contribution to the streetscape. The proposed rear addition is single storey in scale, and located behind and below the existing roof line of the cottage, As such, the addition will not be visible when viewed from Chandos Street. The addition will not alter the scale or character of the building, and the new addition will be clearly discernable as new work due to articulation of the form and use of materials. The works have generally been designed to reflect the character and have minimal impact on the significance of the Conservation Area. Whilst no in-principle objections to the proposed carport are raised on heritage grounds, the curved roof of the proposed rear carport is considered to be inconsistent with the character of Chandos Lane. Whilst one other carport with a curved roof exists nearby, this was constructed without Council approval and is considered to have an adverse impact on the character of the conservation area. Accordingly, a condition is recommended that the carport have a flat roof in order to reduce its heritage impact. The proposal is considered to have minimal impact on the character and significance of the Holtermann Estate A Conservation Area. Accordingly, no objections to the proposal are raised on heritage grounds. Should the application be approved, it is recommended that the following conditions be attached to the approval: Standard Conditions: A4 No Demolition of Extra Fabric C13 Colours, Finishes and Materials (Conservation Areas) C16 Skylights E11 Removal of Extra Fabric Site specific conditions: Face brickwork to be retained: all existing external face brickwork is to remain unaltered, with no applied finishes. (Reason: to retain significant fabric in its original form) Existing roof tiles to be retained: the terracotta roof tiles to the roof of the original dwelling are to be retained. Colorbond metal roof sheeting is to be limited to the roof of the rear addition only (Reason: to ensure the retention of original fabric) Carport Roof to be modified: the carport roof is to be flat or have a maximum pitch up 5 degrees. No approval is given for a curved roof form. (Reason: to reduce the heritage impact of the proposed carport) Engineering/Stormwater Drainage The application has been reviewed by Council’s Development Engineer, Zarko Cvetkovic, who responded in support of the proposal, subject to conditions. Please refer to recommended conditions attached to this report. SUBMISSIONS The application was required to be notified during the period 9 January 2015 to 23 January 2015 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period no submissions were received.


CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP 2013 as indicated in the following compliance tables. More detailed comments with regard to the major issues are provided later in this report. Permissibility within the zone: The subject site is zoned R2 – Low Density Residential pursuant to the North Sydney Local Environmental Plan 2013. Development for the purpose of additions and alterations to a Dwelling House is permissible within the zone, however requires development consent. Zone Objectives The objectives of the R2 – Low Density Residential Zone are as follows:

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs

of residents.

• To encourage development of sites for low density housing, including dual occupancies, if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area.

• To ensure that a high level of residential amenity is achieved and maintained.

The proposal for alterations and additions to the existing dwelling house has been assessed against the relevant development standards and design controls and is considered to result in a development which would be considered acceptable with regard to the objectives of the R2 – Low Density Residential zone. North Sydney Local Environmental Plan 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013 Site Area – 209.6m² Proposed Control Complies Clause 4.3(2) – Heights of Building

• 6.3m (Proposed Skylight SL2) Note: No change to existing ridge heights of 7.16m

8.5m Yes

Clause 4.3(2A) – Street Elevation Height (R2 Zone, Conservation Area)

• 3.6m (Proposed Verandah render) • 6.3m (Proposed Skylight SL1)

Note: No change to existing ridge heights of 7.16m

5.5m No

Clause 4.3(2B) – Height of Buildings

• 6.3m (Proposed Skylight SL2)

5.5m No


(R2 Zone, Lot size


• The higher the skylight is positioned up the roof, the more efficient the gathering and dissemination of natural light will be within the bathroom below;

• The skylight is positioned at its most height constrained by other alterations within the roof space.”

Given the above, the proposed breach has been assessed in accordance with the requirements of Clause 4.6(3), the objectives of the control and the zone. These matters have been considered below: (a) To promote development that conforms to and reflects natural landforms, by stepping

development on sloping land to follow the natural gradient, The proposal does not seek alteration to the natural landform of the site and is characteristic of the locality. (b) To promote the retention and, if appropriate, sharing of existing views, The proposal seek provision of two skylights within the existing roof form only will not cause any view loss for adjoining properties or from the public domain. (c) To maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access for future development, The proposal would not result in a reduction in solar access to adjoining properties and/or the public domain. The development would achieve DCP requirements to maintain a minimum of three hours solar access to adjoining properties. (d) To maintain privacy for residents of existing dwellings and to promote privacy for

residents of new buildings, The proposal seeks provision of skylights within the existing roof form only and is not considered to result in any privacy or amenity issues to surrounding properties. (e) To ensure compatibility between development, particularly at zone boundaries, The proposal is located within, and considered compatible with, the R2 Low Density Residential Zone. (f) To encourage an appropriate scale and density of development that is in accordance

with, and promotes the character of, an area. It is noted that the proposed skylights components, while breaching numerical height provisions contained within Clause 4.3(2A) and (2B) of the NSLEP2013, are to be contained within, and the proposal seeks no further alteration to, the existing dwelling roof form. The proposed skylight components, combined with proposed internal works seek to increase the amenity for occupants of the dwelling, while not resulting in any material impact to surrounding properties, and are considered to be a beneficial outcome given the significance of the dwelling within the Holtermann Estate A Conservation Area. The proposal has also been reviewed and endorsed by Council’s Heritage Planners.


It is noted that given the extent of the proposed variation, the subject application must be determined by the North Sydney Independent Planning Panel (NSIPP), as the proposal seeks a departure from the North Sydney Local Environmental Plan 2013 by more than 10 percent. The proposed skylight components, while breaching numerical height controls of 5.5m contained within Clauses 4.3(2A) and 4.3(2B) of the North Sydney Local Environmental Plan 2013 are to be contained within the existing roof form, will result in no amenity impact and will not detract from the significance of the Conservation Area. For the reasons contained within this report, the request by the applicant to vary this development standard, made pursuant to Clause 4.6 of the North Sydney Local Environmental Plan 2013 is considered well founded, and that given the existing roof form, that compliance with this development standard is unnecessary in the circumstances. Suspensions of Covenants, agreements and similar instruments The site is not burdened by any easements nor restrictions pursuant to Deposited Plan 439698, and the site is not subject to any 88B Instrument. An extract of Deposited Plan 439698 is provided below:

Figure 14: Extract of Deposited Plan439698

Heritage Conservation The site and existing dwelling is identified as being a Contributory Heritage Item, located within the Holtermann Estate A Conservation Area, pursuant to Part C Section 3 and Appendix 1 of the North Sydney Development Control Plan 2013. The proposal has been referred to Council’s Heritage Officers, who responded in support of the proposal, subject to conditions, including modification of the proposed carport component to incorporate a flat roofed design via imposition of condition prior to Construction Certificate. Please refer to comments from Council’s Heritage Planner contained within this report.


SEPP 55 and Contaminated Land Management Issues The subject site has been considered in light of the Contaminated Lands Management Act and it is considered that as the site has been used for residential purposes for many years, contamination is unlikely. NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013 The application has been assessed against the relevant controls in the North Sydney Development Control Plan 2013, including relevant St Leonards/Crows Nest Planning Area (Holtermann Estate A Conservation Area) North Sydney Development Control Plan 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments 1.2 Social Amenity Population Mix Yes The proposal seeks alterations and additions to the existing dwelling house and is not

considered to have any impact on population mix within the locality. Maintaining Residential Accommodation

Yes The proposal seeks alterations and additions to the existing dwelling house thereby maintaining residential accommodation and therefore complies.

1.3 Environmental Criteria Views Yes The subject site is not subject to any significant views or vistas. Solar Access Yes The proposal seeks ground floor alterations and additions only and is not anticipated to

result in overshadowing impacts to adjoining properties. The proposal has been submitted with shadow diagrams, demonstrating compliance with minimum solar access provision to adjoining properties in accordance with under Section 1.3.7 of the NSDCP2013 and therefore complies.

Visual Privacy Yes The proposal includes ground floor alterations and additions to an existing attached terrace and will not result in any visual privacy impacts to surrounding dwellings. The proposal seeks no change to the existing western elevation, including provision of new windows and skylight, however is not anticipated to result in any lines of sight or overlooking to surrounding properties, consistent with visual privacy provisions contained in Part 1.3.10 of the NSDCP2013.

1.4 Quality built form Context Yes (Via

Condition) The proposal seeks ground floor rear alterations and additions, consistent with similar developments to the east (adjoining) and west of the site. The proposal is located in the Holtermann Estate A Conservation Area, which prescribes maintenance of heritage dwellings, attached and detached, consistent with the regular subdivision grid layout. Given surrounding development patters and desired character identified in the Holtermann Estate A Character Area Statement, the proposed dwelling addition would be of similar scale, would not be out of character, and is therefore in context with surrounding development patterns and Part B Section 1.4.1 of the NSDCP2013. It is noted however that the proposal includes provision for a cantilevered carport component within the rear setback, however further to review by Council’s Conservation Planner advised:

“Whilst no in-principle objections to the proposed carport are raised on heritage grounds, the curved roof of the proposed rear carport is considered to be inconsistent with the character of Chandos Lane. Whilst one other carport with a curved roof exists nearby, this was constructed without Council approval and is considered to have an adverse impact on the character of the Conservation Area. Accordingly, a condition is recommended that the carport have a flat roof in order to reduce its heritage impact.”

With respect to this arced cantilevered design, it is noted that a similar example exists within the streetscape at 139 Chandos Street, Crows Nest, being four properties to the east of the


site, constructed in September 2012. Please refer to an image of this carport in figure 12 below:

Figure 15: Existing curved/cantilever carport at 139 Chandos Street. Photo taken during council’s compliance investigation October 2012. Further to a compliance investigation in October 2012, Council’s Conservation Planner Lisa Trueman also considered the carport at this site to be “highly uncharacteristic”. Following this compliance investigation however it was determined that the carport at 139 Chandos Street was erected without requirement for consent under provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, with this car port having been set back from the side and rear boundaries by a minimum of 900mm respectively as specified in the SEPP. Given the above, including review by Council’s Conservation Planner, it is recommended that the following condition be imposed, relating to modification of the proposed carport to a flat roof form, prior to issue of any Construction Certificate, to ensure a built form that is consistent with provisions contained within Part B Section 1.4.1 of the North Sydney Development Control Plan 2013 and desired built forms for the Holtermann Estate A Conservation Area:

“A# - Carport to Have Flat Roof No approval is granted nor implied for the proposed curved/cantilevered carport design. The roof form of the carport shall be revised to a flat roof design with a maximum pitch of five (5) degrees, and shall not exceed the maximum ridge height of 2.5m as per the approved plans. Revised Plans demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the Issue of any Construction Certificate.”

Setbacks (Inc. 1.4.4 Laneways)

Variation Sought

The proposal does not seek alteration to the existing building alignment, which contains a front setback of 3.8m, nor existing eastern boundary wall, which holds a common wall to adjoining property 133 Chandos Street. The proposal also does not include any alteration to rear setback of the dwelling of 10.5m. The proposal however includes provision for a carport within the rear setback, accessible from Chandos Lane, containing a roof setback of approximately 200mm, with post setback 1.279m and therefore does not strictly comply with Laneway setback provisions within Part 1.4.4 of the NSDCP2013,which specifies:

“P9 All new and rebuilt fences and structures (including car parking spaces) must be setback 1.2m from the laneway frontage. This setback is to be landscaped with appropriate low maintenance plants.”

Despite this numerical requirement, provision 5 of Part 1.4.4 however states:


“P5 Where car parking is only capable of being located at the boundary to the laneway, only open car spaces or carports will be permitted (i.e. roller doors are not permitted).”

The proposed carport component has been referred to Council’s Vehicle and Traffic Engineers (Zarko Cvetkovic), who responded in support of the proposal, including 200mm setback from Chandos Lane, subject to conditions. Additionally, the proposal has been reviewed by Council’s Conservation Planner, who responded in support of the proposal, subject to imposition of conditions, including revision of the roof form outlined above. Given the above considerations, including surrounding development patterns, the proposal, including variation to laneway setback is considered acceptable against Laneway and Setback objectives and provisions contained within Part 1.4.4 and Part 1.4.6 of the NSDCP2013.

Form Massing Scale & Built Form Character

Yes The proposal includes a ground floor rear addition to the existing dwelling, to be located behind the existing ridge at the site, however does not comply with Clause 4.3(2A) & (2B) of the NSLEP 2013 which specifies a maximum height of 5.5m, despite existing dwelling ridge height of 8.15m (proposed Skylights SL1 and SL2 being 6.3m in height respectively). Please refer to a discussion of height matters and the requested variation to these Development Standards contained prior within this report. The proposal has also been referred to Council’s Conservation Planner, who responded in support of the proposal, subject to the imposition of conditions, including revision of the carport roof form and is therefore, subject to conditions, is considered acceptable against form, massing and scale provisions contained within Part 1.4.7 and Built Form Character provisions contained within Part 1.4.8 of the NSDCP2013.

Roofs Yes (Via Condition)

The proposal seeks reconstruction of the roof form at the rear of the dwelling, to allow for internal roof storage space, however will not significantly alter the roof design of the contributory Item (refer roof plan contained within this report). Further, the proposal has also been referred to Council’s Conservation Planner, who responded in support of the proposal, subject to the imposition of conditions, and is therefore considered acceptable roof provisions contained within Part B Section 1.4.10 of the NSDCP2013. It is noted however that the proposal also includes provision for a cantilevered carport component within the rear setback, however further to review by Council’s Conservation Planner advised:

“Whilst no in-principle objections to the proposed carport are raised on heritage grounds, the curved roof of the proposed rear carport is considered to be inconsistent with the character of Chandos Lane. Whilst one other carport with a curved roof exists nearby, this was constructed without Council approval and is considered to have an adverse impact on the character of the landscape. Accordingly, a condition is recommended that the carport have a flat roof in order to reduce its heritage impact.

Further to context matters contained within this report, it is recommended that conditions be imposed, relating to modification of the proposed carport to a flat roof form, prior to issue of any Construction Certificate, to ensure a built form that is consistent with roof provisions contained within Part B Section 1.4.10 of the North Sydney Development Control Plan 2013 and desired built forms for the Holtermann Estate A Conservation Area:

1.5 Quality Urban Environment Site Coverage Yes Following submission or revised plans The proposal includes a maximum site coverage of

122.915sqm (including dwelling and rear carport), from a total site area of 209.6sqm and would therefore represent a proportionate site coverage of 58.6% of the site (Council calculation) and therefore complies with table B-1.6 of the NSDCP, which specifies a maximum 60% for the site.

Landscape Area Yes (Via Condition

The application has been submitted with a landscape plan, which indicates provision of 41.91sqm landscaped area at the site, being a proportionate 20% of the site. Council calculations however reveal provision for approximately 39.22sqm landscaping at the site, plan, and would therefore represent a proportionate landscape coverage of 18.71% of the site, being 2.69m2 (1.29%) less that submitted figures and does not comply with table B-1.7 of the NSDCP, which specifies a minimum 20% for the site. In addition to the above, the proposal would result in a remaining un-built area of approximately 47.465sqm un-built area at the site, and would therefore represent a proportionate un-built area of 22.6% and is does not comply with table B-1.7 of the NSDCP, which specifies a maximum 20% for the site, and would represent a2.6% variation to this control.


It is noted that the discrepancies between submitted landscaped area Calculations and those undertaken by Council relate to the applicants exclusion of carport overhang within the rear setback (approximately 2.3m2). In response to this non compliance however, it is recommended that the proposed retaining wall to the Western Boundary of the proposed Courtyard be increased to a setback of 500mm from the boundary of No 129, resulting in an increase in landscaped area of 2.2sqm, while providing additional separation/buffer between properties given proposed excavation within the rear setback. Accordingly, it is recommended the following condition be imposed prior to issue of any Construction Certificate:

“C# - Increase in Retaining Wall Setback The proposed retaining wall to the western boundary of the rear courtyard area shall be increased to a setback of 500mm from the property boundary, with soft landscaping infill. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any construction certificate. Reason: To ensure sufficient soft landscaping separation between properties ”

1.6 Efficient Use of Resources Energy Efficiency

Yes The applicant has provided a BASIX Certificate in support of the development application. An appropriate condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this 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 NA 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


CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013 and the relevant State Planning Policies and found to be generally acceptable in the site circumstances. The variation to the building height control, as a result of the proposed skylights, is considered acceptable in the site circumstances as the proposal would not result in any unreasonable impacts to adjoining properties and the design is compatible with the locality. The proposal has been reviewed by Council’s Conservation Planner, who responded in general support of the application on heritage grounds, with proposed works to the front of the dwelling considered to improve streetscape appearance and contribute to the heritage significance of the Holtermann Estate A Conservation Area. The proposed carport component is supported in principle, however the proposed curved/cantilevered roof form of the structure is not supported, given its highly uncharacteristic nature within the Conservation Area. Accordingly, Council’s Conservation Planner has recommended this carport be modified to have a flat roof form. A condition has been recommended to require this prior to issue of any Construction Certificate. The proposed alterations and additions will improve the amenity for the occupants of the dwelling and the addition of a covered car parking space on site will provide off street parking, with rear courtyard and lawn areas to provide suitable areas of private open space. Having regard to the provisions of Section 79C of the EP&A Act 1979 the application 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 General Manager as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the Development Standard under Clause 4.3 (Height of Buildings), grant consent to Development Application No. 439/14 for the proposed Alterations and Additions to the Existing Attached Single Storey Dwelling Including Construction of Carport, at 131 Chandos Street, Crows Nest, subject to the following site specific condition and attached standard conditions. Carport to Have Flat Roof

A4. No approval is granted nor implied for the proposed curved/cantilevered carport design.

The roof form of the carport shall be revised to a flat roof design with a maximum pitch of five (5) degrees, and shall not exceed a maximum ridge height of 2.5m and dimensions as per the approved plans. Revised plans demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the Issue of any Construction Certificate.

(Reason: To ensure compatibility of the Conservation Area)


Existing roof tiles to be retained

A5. The terracotta roof tiles to the roof of the original dwelling are to be retained. Colourbond metal roof sheeting is to be limited to the roof of the rear addition only. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate.

(Reason: To ensure the retention of original fabric)

Increase in Retaining Wall Setback

C1. The retaining wall to the western boundary of the rear courtyard area shall be increased to

a setback of 500mm from the property boundary, with soft landscaping infill. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any construction certificate.

(Reason: To ensure soft landscaping separation between properties)

Jonathan Archibald David Hoy ASSESSMENT OFFICER TEAM LEADER Stephen Beattie MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

131 CHANDOS STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 439/14

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.

Reference No.

Sheet Revision Title Drawn by Received

14/08 1 of 5 A Site Plan/Site Analysis Tony Martin Planning 17 February 2015 14/08 2 of 5 - Roof Plan; Floor Plan Tony Martin Planning 11 December 2014 14/08 - Section AA; East

Elevation/Section; West Elevation

Tony Martin Planning 11 December 2014

14/08 4 of 5 - North Elevation; South Elevation; Section BB; Section CC; Carport Detail

Tony Martin Planning 11 December 2014

14/08 5 of 5 A Section AA; Section; Rear Yard/Carport Plan; North Elevation

Tony Martin Planning 17 February 2015

14/08 1 of 1 A Landscape Plan Tony Martin Planning 17 February 2015

(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)

ATTACHMENT TO IPP05 - 04/03/2015 Page 22

131 CHANDOS STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 439/14 Page 2 of 21

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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) Carport to Have Flat Roof

A4. No approval is granted nor implied for the proposed curved/cantilevered carport

design. The roof form of the carport shall be revised to a flat roof design with a maximum pitch of five (5) degrees, and shall not exceed a maximum ridge height of 2.5m and dimensions as per the approved plans. Revised plans demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the Issue of any Construction Certificate.

(Reason: To ensure compatibility of the Conservation Area)

Existing roof tiles to be retained

A5. The terracotta roof tiles to the roof of the original dwelling are to be retained.

Colourbond metal roof sheeting is to be limited to the roof of the rear addition only. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate.

(Reason: To ensure the retention of original fabric)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Increase in Retaining Wall Setback

C1. The retaining wall to the western boundary of the rear courtyard area shall be

increased to a setback of 500mm from the property boundary, with soft landscaping infill. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any construction certificate.

(Reason: To ensure soft landscaping separation between properties)

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.



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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.

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 (Semi Detached and Terrace Buildings) C3. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining property No. 133 Chandos Street, Crows Nest which certifies its ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

Under no circumstances shall the party or common wall be extended or altered without the prior written consent of the adjoining owner. Any such extension of the party wall shall be noted on title by way of appropriate easement or Section 88B instrument.

(Reason: To ensure the protection and structural integrity of adjoining

properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C4. 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)



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Sediment Control C5. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:

a) All details of drainage to protect and drain the site during the construction

processes; b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during

construction.

All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Colours, Finishes and Materials (Conservation Areas) C6. The finishes, materials and exterior colours shall be complimentary to the

architectural style of the original building and sympathetic to the character of the Conservation Area. All existing external face brickwork is to remain unaltered, with no applied finishes.



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A schedule of finishes, materials and external colours shall be 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 the completed colours, finishes and materials are

complementary to the Conservation Area and to retain significant fabric in its original form)

Skylight(s) C7. Skylight flashing(s) and frame(s) to be coloured to match the roof material.

Skylight(s) to sit no higher than 100mm above roof plane when in a closed position. Plans and specifications which comply with this condition must be 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.

(Reason: To minimise the visual impact of the skylight(s) on the roof plane)

Obtain Driveway Crossing Permit under S.138 Roads Act 1993 C8. Prior to the issue of the Construction Certificate, North Sydney Council must issue the

applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘Vehicular Access Application’ form with payment of the adopted assessment/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The responsibility for accuracy of the design fully rests with the designing engineer. All responsibility on implementation and supervision of works specified on design plans fully rests on designing engineer or whoever is chosen to be applicant’s engineering representative. The civil design drawings shall detail the following infrastructure construction requirements of Council in relation to the consent:

a) 1200mm setback from the property boundary in Chandos Lane, placed as concrete

pavement is to be provided with no structure constructed in it. b) The proposed vehicular access ways shall comply with AS 2890.1 and Council’s

current Vehicular Access Application Guidelines and Specification (gutter bridges not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor.

c) The width of the vehicular layback shall be 3.5m (including the wings). d) The vehicular laybacks shall be set square to the kerb. e) Set back line levels shall be set no more than 130 mm above the existing gutter

levels.



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f) The gutter levels and road shoulder levels on Chandos Lane shall stay unchanged. g) Alignment levels at the setback line have an important impact on the proposed

levels for new driveway. No work should start until first obtaining setback line alignment levels from Council. Council has the authority to remove any unauthorized works at the cost of the property owner.

h) The Certifying Authority must ensure that the internal levels at setback line matches council’s required levels.

i) The kerb gutter, and 600 mm road shoulder wide- strip, adjacent to all new layback and gutter works, on Chandos Lane shall be reconstructed, to ensure uniformity in the road reserve.

j) All inspection openings, utility services shall be adjusted to match the proposed driveway levels and location.

All driveway and infrastructure works on the road reserve must proceed in accordance with the terms of the permit issued by Council. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued.

(Reason: To facilitate appropriate vehicular access to private sites, without

disruption to pedestrian and vehicular traffic)

Stormwater Management and Disposal Design Plan – Construct. Issue C9. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified drainage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage requirements, Councils Engineering Performance

guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity via existing stormwater lines to Council’s kerb in Chandos Street.

Details demonstrating compliance are to be submitted with the Construction Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)



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Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C10. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $2500.00 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 in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

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;

• 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) Security Deposit/ Guarantee Schedule C11. 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:


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Security deposit/ guarantee Amount ($) Engineering Construction Bond $2,500.00 TOTAL BONDS $2,500.00

(Reason: Compliance with the development consent)

BASIX Certificate C12. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX Certificate No. (A206947) for the development are fulfilled. Plans and specifications complying with this condition must be 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, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements) 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)

Asbestos Material Survey

D2. Prior to the commencement of any works, 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.



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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) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

excavation/demolition/construction process, for convenient use of site workers.

(Reason: To ensure adequate provision is made for builders’ waste) Parking Restrictions

E2. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not

compromised during works)



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Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Service adjustments E4. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Temporary Disposal of Stormwater Runoff E5. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably manage and control runoff as far as the approved point of stormwater discharge. Such ongoing measures must be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)



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Council Inspection of Public Infrastructure Works E6. During the works on public infrastructure reverting to Council’s care and control,

Council’s development engineer must undertake inspections of the works at the following hold points: -

a) Vehicular access; and associated road civil works. All works must proceed in accordance with Roads Act 1993 approvals or other permits relating to roads issued by Council. A minimum of 48 hours notice must be given to Council to book an inspection. Work must not proceed until the works or activity covered by the inspection is approved.

(Reason: To ensure quality of construction joints and connections in the drainage

system) Removal of Extra Fabric E7. 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)

Dust Emission and Air Quality E8. 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)



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Noise and Vibration E9. 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) Developer's Cost of Work on Council Property E10. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas. (Reason: To ensure the proper management of public land and funds)

Special Permits E11. 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)

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.




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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.


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.


Construction Hours E12. 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.

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.



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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) Out of Hours Work Permits E13. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.

2) Applications for out of hour’s works should be lodged with Council no later than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include: • the erection of awnings, • footpath, road and other infrastructure works which can not be

carried out for public convenience reasons within normal hours, • the erection and removal of hoardings and site cranes, and • craneage of materials which cannot be done for public convenience

reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up works required to maintain or catch up with a construction

schedule.

5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

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

expectations of residents and the community)


http://www.northsydney.nsw.gov.au/�


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Installation and Maintenance of Sediment Control E14. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Site Amenities and Facilities E15. 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 E16. 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.

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