no rt h s y dne y co unci l re p o rt s...in response to these concerns, revised plans were...

Item ___IPP03________ - REPORTS -_______3/06/2015________

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 3/06/2015

Attachments: 1. Site Plan

2. Architectural plans 3. Shadow Diagrams

4. Site Photos

ADDRESS/WARD: 1 John Street, McMahons Point (V) APPLICATION No: DA454/14 PROPOSAL: Alterations and Additions to the Existing Dwelling PLANS REF: Drawings numbered DA-00 through DA-13, drawn by K Davies

and J Harvey Architects, and received by Council on 31 March 2015 and 20 April 2015.

OWNER: Katherine Davies and John Harvey APPLICANT: Katherine Davies AUTHOR: Jonathan Archibald DATE OF REPORT: 9 February 2015 DATE LODGED: 19 December 2014 AMENDED: 31 March 2015 and 20 April 2015 RECOMMENDATION Approval

Report of Jonathan Archibald, Assessment Officer Re: 1 John Street, McMahons Point

EXECUTIVE SUMMARY This development application seeks Council’s approval for Alterations and Additions to the Existing Dwelling at 1 John Street, McMahons Point. The application is reported to NSIPP as the proposal has attracted a number of submissions during the public advertising period, and is referred to the Panel for Determination. The application was required to be notified during the period 16 January 2015 to 30 January 2015 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period one (1) submission was received, with concerns relating to bulk, scale and privacy matters In response to these concerns, revised plans were submitted 31 March 2015, providing for a reduction in scale and provision of fixed louvers to the rear gable component, and were renotified to the submitter during the period 24 April 2015 to 8 May 2015. During this period a further one (1) submission was received, with ongoing concerns relating to visual bulk and overlooking matters. The site is identified as a neutral item located within the Union, Bank, Thomas Street Conservation Area (CA15). The proposal has been referred to Council’s Heritage Officer, who responded in support of the proposal subject to the imposition of conditions. During assessment of the application concern has been raised regarding visual privacy impacts, being overlooking and increase in visual bulk, from the first floor gable addition to the dwelling immediately to the rear of the site. Further to revised plans submitted to Council 31 March 2015, the applicant has reduced the scale of the rear gable window component, as well as provided fixed timber louvers to mitigate overlooking issues, and the proposal would not result in any unreasonable overlooking impacts between properties. With regard to concerns of visual bulk from the first floor gable addition, it is considered that any increase in building bulk resulting from this component is somewhat unavoidable within the medium density and established nature of the locality, as well as open plan nature, topography and general orientation of the adjoining dwelling to the rear directly towards, and over, the development site. Impacts relating to overlooking or bulk can not be wholly attributed to the design of the proposal, but rather an unfortunate consequence of historical development patterns, resultant medium density living and development within R3 Zone and topography at the site. Having regard to the matters discussed within this report, it is considered that proposed works, including first floor gable addition to the rear of the dwelling would not unreasonable visual privacy impacts (building bulk or overlooking) under the circumstances. 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.

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SP 15363

Re:

Property/Applicant Submittors - Properties Notified

1 John Street, McMahons Point - DA 454/14


DESCRIPTION OF PROPOSAL The proposal seeks alterations and additions to an existing dwelling house at 1 John Street McMahons Point (Lot 1 DP 776868). Further to a review of submitted plans, a breakdown of works includes:

Demolition Works

• Demolition of north eastern (rear) portion of the dwelling, including kitchen and dining rooms and laundry.

Proposed Lower Ground Works

• Partial excavation and removal of existing footings to allow for new under-storey garage

Proposed Ground Floor Works

• Construction of new rear addition comprising 1 x bathroom, 1 x open family room, new kitchen and provision of external courtyard area.

Proposed First Floor Works

• Proposed first floor addition comprising storage/attic room, bathroom and master bedroom with stair access.

Proposed External Works

• Reconfiguration of driveway access to western side of lot to allow for access to proposed (new) understorey garage.

An extract of submitted plans (as amended) are provided below:

Figure 1: Extract of submitted Site Plan.


Figure 2: Extract of submitted Demolition Plan

Figure 3: Extract of submitted Ground Floor Plan.


Figure 4: Extract of submitted First Floor Plan

Figure 5: Extract of submitted Northern Elevation.

Figure 6: Extract of submitted Southern Elevation.


Figure 7: Extract of submitted Western Elevation.

Figure 8: Extract of submitted Eastern Elevation. STATUTORY CONTROLS North Sydney Local Environmental Plan 2013

• Zoning – R3 – Medium Density Residential • Item of Heritage - No • In Vicinity of Item of Heritage - No • Conservation Area - Yes (CA15 - Union, Bank, Thomas Street Conservation Area)

Environmental Planning & Assessment Act 1979 Local Development POLICY CONTROLS North Sydney Development Control Plan 2013 DESCRIPTION OF LOCALITY The proposal seeks alterations and additions to the existing single dwelling a 1 John Street, McMahons Point (Lot 1 DP 776868). The site is zoned R3 Medium Density Residential, with a total area of approximately 386.6m2, and currently accommodates a single detached dwelling, with a primary frontage to John Street to the South, and secondary frontage to Dumbarton Street to the East. An aerial image of the site and locality is provided below:


Figure 8: Aerial view of locality.

The site is not identified as, nor located within the vicinity of any Heritage Items, however is located within the Union, Bank, Thomas Street Conservation Area (CA15). The surrounding locality is characterised by a regular subdivision pattern with a mix of attached Victorian dwelling houses. An extract of NSLEP2013 Zoning and Heritage Maps is provided below:

Figure 9: Extract of NSLEP2013 Zoning

Map.

Figure 10: Extract of NSLEP2013 Heritage

Map.

RELEVANT HISTORY

Subject Site

A review of Council records does not indicate any recent development history on the subject site.


Surrounding Sites

5 John St, McMahons Point

DA50/08 was lodged on 14 February 2008 seeking approval for demolition of the existing dwelling and two lot subdivision. This application was approved by Council at its meeting on 16 June 2008. DA348/09 was lodged on 2 October 2009 seeking approval for demolition of existing dwelling, subdivision into two lots, erection of single dwelling on Lot 1 fronting John Street, a duplex on Lot 2 fronting Commodore Street and strata subdivision of the duplex at the above site. This application was approved on 16 April 2010, subject to conditions. A subsequent modification to Development Consent 348/09, known as DA348/09/2, was lodged on 26 May 2010 seeking provision of basement storage and revised rear setback. This application was approved on 26 July 2010, subject to conditions. A further modification to Development Consent 348/09, known as DA 348/09/3, was lodged on 5 October 2010, seeking boundary re-alignment/revised subdivision plan in order to address Sydney Water requirements. This application was approved on 22 December 2010, subject to conditions. A further modification to Development Consent 348/09, known as DA348/09/4, was lodged on 5 April 2011, seeking revised kerb and guttering location, design and setbacks. This application was refused on 24 June 2011, on the grounds of “Inadequate space in the street for the passage of vehicles exiting neighbouring garages (Commodore Crescent is a lane); Egress from property of existing parking arrangements are to be maintained on the street, and Council facilitates the widening of the Road at a later date.” DA141/11 was lodged on 5 April 2001 seeking subdivision of a newly created Lot 2, into two separate Torrens title lots. In accordance with DA 348/09 Lot 2 is to be created as a separate allotment containing a duplex development. This application was subsequently refused on 31 August 2014, on the grounds it would result in an inconsistent subdivision pattern. DA69/12 was lodged on 8 March 2012 seeking approval for construction of a carport over existing car space in front of dwelling. This application was approved by Council on 20 April 2012, subject to conditions.

9 Commodore Street, McMahons Point

DA374/14 was lodged on 24 October 2014 seeking approval for construction of an external staircase (Located on land leased from RailCorp New South Wales adjacent to the site). This application was approved by Council under Delegated Authority on 10 March 2015.

15 Commodore Street, McMahons Point

DA317/05 was lodged on 20 July 2005 seeking alterations and additions to the existing dwelling comprising rear balcony extension and widening of door openings. This application was approved by Council under Delegated Authority on 19 September 2005. 45 Dumbarton Street


DA318/13 was lodged on 18 September 2013 seeking demolition works and adaptive reuse of a former industrial building as two (2) semi detached dwellings, 2 lot Torrens Title subdivision, and associated works. Given significant public interest raised this application was reviewed and granted approval by deferred commencement by the North Sydney Independent Planning Panel at its meeting 7 May 2014. Deferred Commencement conditions relate to:

• “Deletion of the roof terraces and access stairs to retain the current roof form and profile.

• The parking space for Lot 2 shall be contained wholly within the existing building

envelope.

• Rear courtyards to be increased to a minimum of 6.5m depth to provide for effective ground level landscaping within the site and to provide greater separation to the rear properties. These areas are to remain as open courtyards. This will also have the benefit of increasing the courtyard areas commensurate with the size of the dwellings.”

A subsequent modification to Development Consent 318/13 was lodged on 25 June 2014 seeking consent for the drawings as approved under deferred commencement condition AA1 and as amended to incorporate design changes required in conditions C3 Window to Lot 1 Media Room; C4 Louvres to Dumbarton Street; C6 Ceilings to Balconies; C7 Garage Doors; C8 Timber Top Rail to Balustrades; and C32 Privacy, to supersede the drawings as listed in condition A1 of the consent notice. This application was approved under Delegated Authority on 4 July 2014.

Subject Application

• 19 December 2014 - Subject Application lodged with Council; *

• 7 January 2015 - Application allocated to Assessment Officer Jonathan Archibald;

• 8 January 2015 - Application referred to Council’s Development Engineer, Zarko Cvetkovic, who responded in support of the proposal, subject to conditions;

• 8 January 2015 - Application referred to Council’s Conservation Planner, Lisa Trueman,

who responded with concerns and requesting design revisions;

• 9 January 2015 - Council site inspection undertaken;

• 30 January 2015 - Application notified during the period 16 January 2015 to 30 January 2015 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period two submissions were received with concerns relating to bulk, scale and privacy.

• 13 February 2015 - Objector Site Inspection undertaken;

• 19 February 2015 - Additional Information Letter issued to applicant requesting revised

plans to address concerns relating to privacy, site coverage and heritage matters;


• 31 March 2015 - Revised Plans submitted to Council;

• 20 April 2015 - Revised Plans submitted to Council;

• 8 May 2015 - Application re-notified to objecting parties during the period 24 April 2015 to 8 May 2015. During this period a further one submission was received.

Note: * Delay due to christmas period. 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 was referred to Council’s Conservation Planner, Lisa Trueman, who responded with no in principal objection to proposed addition, however raised concerns relating to proposed dormer components. Further to revised plans submitted 31 March 2015, this dormer component has been revised, with referral comments recommending approval, subject to conditions. An extract of comments is provided below: 1. Heritage Status and Significance • Neutral item within the Union/Bank/Thomas Conservation Area • Located within the vicinity of a heritage item, being the railway line and overpasses 2. The property The property contains a detached Federation era dwelling that is one of a pair with the neighboring 3 John Street. The property is located on the corner of John and Dumbarton Street, with its primary facade addressing John Street, but is visible from both streets. The house is largely intact, and currently single storey in scale with a driveway and hard stand parking area at the font. 3. The proposal The proposal is for the alterations and additions to the existing dwelling including the addition of an upper level contained within the roof space, with dormers to the front and side roof planes, and a gable at the rear. The proposal also involves a new ground floor addition at the rear, and the creation of a garage within the stone foundation space, with a new driveway crossing. 4. Preliminary Heritage Impact Assessment A preliminary assessment of the proposal, as originally submitted, was undertaken on 8 January 2015, with the following comments:

‘The subject property is located within the Union/Bank/Thomas Conservation Area. It contains a c1915 Federation era detached dwelling that is one of a pair with neighboring 3 John Street. It is located on the corner of John and Dumbarton Street, and is visible from both streets.


The proposal is for alterations and additions to the existing dwelling, including a new driveway and garage within the existing under floor area, an attic addition with large dormers to the John Street and Dumbarton Street elevations, plus a ground floor addition to the side and rear, and removal of the enclosure to the front verandah. No objections are raised to the rear and side ground floor additions as these will not alter the scale or character of the house or impact on the conservation area. No objections are raised to the removal of the verandah infill or the proposed garage within the under floor space, as the heritage impact of these elements is minimal. No in-principle objections are raised to the creation of an attic bedroom within the existing roof space, however the proposed alterations to the original roof form, and uncharacteristic proportions of the proposed dormers are not supported. These elements of the proposal are contrary to Council's controls and will result in a detrimental heritage impact. The applicant is requested to amend the proposal to reduce the size of the dormers to the John and Dumbarton Street elevations, and retain the existing roof hips unaltered. The dormers should be of traditional detail and proportion, and central to the existing roof planes. The dormer to the John Street elevation should be consistent in size and detail with the dormer at No. 3 John Street. A detailed assessment will be undertaken once amended plans are received.’

In response to these issues and other planning concerns, the proposal was amended, and amended plans were lodged on 24 April 2015. The amendments are considered to address the concerns raised in relation to the heritage impact of the original proposal. 4. Heritage Impact Assessment: Amended Proposal The amendments are considered to address the concerns raised in relation to the heritage impact of the original proposal. The front dormer has been relocated to the centre of the roof and reduced in size, and the side gable has been reconfigured such that the original roof form is kept intact. The amended proposal retains the existing form and scale of the dwelling, and largely retains the original roof form when viewed from John and Dumbarton Streets. The additions have been designed to have minimal impact on, and reflect the character of the conservation area. The reversal of the existing enclosure of the front verandah will have a positive impact, in heritage terms. 5. Conclusion and Recommendations: An assessment of the proposed works at 1 John Street McMahons Point, has been undertaken in terms of Clause 5.10 (Heritage Conservation) of NSLEP 2013, and Section 13 (Heritage Conservation) of NSDCP 2013. The property is located within the Union/Bank/Thomas Conservation Area. The existing dwelling is a Federation era detached dwelling that is not identified as a contributory item, but originates from the significant era of development for the conservation area and is considered to contribute to its significance, despite being located within a compromised streetscape. The proposal, as amended, is considered to be acceptable on heritage grounds. The proposed roof addition has been amended to retain the original hipped roof form, with the introduction of appropriately located and detailed dormers to the front and side elevations. The rear addition will not impact on the character or significance of the conservation area. The proposed garage within the existing foundation space is considered acceptable in this instance as the neighboring dwelling has undergone similar modification and the impact on the conservation area is minimal. The reversal of the existing enclosure of the front verandah will have a positive impact, in heritage terms. The proposed works are considered to comply with Council’s heritage controls and have minimal impact on the character and significance of the Union/Bank/Thomas Conservation Area. Accordingly, no objections to the proposal are raised on heritage grounds. Should the application be approved, the following conditions are recommended to be placed on the approval:


Standard Conditions: A4 No demolition of extra fabric C13 Colours, Finishes and Materials (Conservation Areas) C14 Sandstone re-pointing E2 Re-use of Sandstone E 11 Removal of extra fabric Site specific conditions: New windows and external glazed doors: All new windows and external glazed doors are to have timber frames with paint finish, with the exception of the windows and doors to the rear elevation. (Reason: to utilise traditional materials characteristic to the Conservation Area) Weatherboard cladding: the external cladding of the proposed dormer, including the gable ends of the dormers, is to be natural timber weatherboard or 16mm composite weatherboard, with traditional profile and deep shadow lines, with paint finish. No approval is given for fibre cement weatherboard. (Reason: to ensure the use of materials characteristic to the heritage item) Height of Front Fence: The front fence is to be constructed with timber pickets of traditional detail and paint finish, to a maximum height of 1000mm. Face brickwork to be retained: all existing face brickwork is to be retained. No approval is given for render, paint or any applied finishes to the face brickwork (Reason: to ensure the retention of original details and fabric) Engineering/Stormwater Drainage The application was referred to Council’s Development Engineer, Zarko Cvetkovic, who responded in support of the application, subject to imposition of conditions. Please refer to recommended conditions contained attached to this report. SUBMISSIONS The application was required to be notified during the period 16 January 2015 to 30 January 2015 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period one submission was received, with concerns relating to Bulk, Scale and Privacy matters. In response to these concerns, revised plans were submitted 31 March 2015, and were renotified to the submitter during the period 24 April 2015 to 8 May 2015. During this period a further one submission was received. An extract of submissions are provided below:


‘Basis of Submission

Initial Submission

“I am very concerned that the proposed renovations will greatly compromise both my and the applicant’s privacy. My house is situated extremely close to 1 John Street, yet I am amble to enjoy a wide horizon outlook. The proposal shows a very large glazed wall facing directly onto my balcony and into the main living areas of my house. The applicant at 1 John Street claims “ the proposed addition to the rear of the property at 1 John Street will enhance the existing facades and will have minimal impact on neighbouring properties”. I cannot agree. I am concerned about the proximity of this large glazed wall to my house. I believe having such a large wall pushed right up, only 9 metres from my balcony will devalue my property, by diminishing the feeling of spaciousness and privacy the current outlook provides. Could this glazed wall be pushed back further from the boundary? I have attached a diagram demonstrating how someone on the scone floor of on the proposed stairs of 1 John Street has a direct view, deep into the living areas of my property. The applicant also states that “given the topography of the site and the proximity of the dwelling at the rear 15 Commodore Street the gable proposed to capture north sun and ventilation will have motorised louvers to ensure privacy between e two properties”. These louvers would need to be fixed rather than mechanically operated, to ensure they stay at an angle that maintains both the applicants any my privacy.”

Second Submission

“I have received the amended plans and note that various changes have been made. However, my major concern about the size and proximity of the new north elevation addition to my living areas has not been addressed. The structure is very large and not in keeping with the local vernacular. I note that the applicant was required to amend the structure on the east elevation to be more in keeping with the federation style of the home and I question why this was not required for the north elevation. The north elevation extension is not aesthetically balanced and being a corner block, is clearly visible from Dumbarton Street. I am concerned that DA13... drawing number 4 (the proposed 3D view) does not match with the west elevation drawing on DA06. On DA13 the ridge line on the north elevation appears to be the same length as the ridge line of the south elevation. This is clearly false information. I am extremely concerned that this unsympathetic addition in a Conservation Area will greatly devalue my property. When my husband and I purchased 15 Commodore Street in 2005, the main attraction was the wide horizon and leafy aspect to be enjoyed from the living areas, which is the sole view from my home. My husband has since died and the house is my only asset and at some stage in the future my house would have to be sold. While the applicant will add value to their property, my property will be devalued. This unattractive addition will compromise the ambience which I now enjoy throughout the year.” 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 NSDCP 2013 as indicated in the following compliance tables. More detailed comments with regard to the major issues are provided later in this report. NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013 Permissibility within the zone: The subject site is zoned R3 – Medium 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 R3 – Medium Density Residential Zone are as follows:

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

• To provide a variety of housing types within a medium density residential environment.

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

of residents.

• To encourage the development of sites for medium density housing if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area.

• To provide for a suitable visual transition between high density residential areas and

lower density residential areas.

• 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 R3 – Medium Density Residential zone. NORTH SYDNEY LOCAL ENVIRONMETNAL PLAN 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013 Site Area – 386.6m² Proposed Control Complies Clause 4.3(2) – Heights of Building

8.15m (Western Elevation) 8.5m Yes


Clause 4.3 - Building Heights The proposal includes alterations and additions to the existing dwelling house, including a maximum height of 8.15m at the street elevation and therefore complies with Clause 4.3(2) of the North Sydney Local Environmental Plan 2013, which specifies a maximum building height of 8.5m for the site. It is noted the existing dwelling contains an existing ridge of 9.5m from street level, however the proposal seeks no alteration to the dwelling facade (aside from proposed garage works), with all proposed works being compliant with height limits contained within Clause 4.3 of the NSLEP2013. Clause 4.6 - Exceptions to Development Standards The proposal does not seek variation to any development standards. Suspensions of Covenants, agreements and similar instruments The site is subject to a combined easement to drain water and easement to drain sewer approximately 900mm wide to the western boundary of the site pursuant to Deposited Plan 776868, however is not within the vicinity of proposed works. Aside from these noted easements, the site is not subject to any further restrictions contained within the 88B Instrument. An extract of Deposited Plan 776868 is provided below:

Figure 11: Extract of Deposited Plan 776868


Heritage Conservation The site and existing dwelling not identified as, or within the vicinity of any Heritage Items, however is identified as a neutral item located within the Union, Bank and Thomas Street Conservation Area pursuant to Part C Section 10 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. 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 Waverton/Wollstonecraft Planning Area (Union, Bank and Thomas Streets Conservation Area) The application has been assessed against the relevant controls in the North Sydney Development Control Plan 2013. North Sydney Development Control Plan 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments 1.3 Environmental Criteria Views Yes The subject site does not benefit from significant views or vistas. It is noted that

partial/obscured view of Berry’s Bay are obtained from adjoining property 15 Commodore Street at the rear of site, however proposed works are located within the existing building footprint and roof form and are not anticipated to result in any view loss to surrounding properties.

Solar Access Yes The proposal has been submitted with certified 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.

Vibration Yes (Subject to

Conditions)

The proposal includes excavation for an undercroft garage space and is anticipated to result in some vibration impacts during construction phase. It is noted that no geotechnical or volumetric details of excavation have been submitted with the application. Accordingly, it is recommended that a geotechnical investigation, including structural engineers certification be submitted at CC stage for the both the subject dwelling and adjoining property to the west (3 John Street, McMahons Point) to determine any possible vibration impact and vibration mitigation measures, to ensure no impact on the structural integrity of either dwelling.

Visual Privacy

Yes


Part B Section 1.3.10 of the NSDCP2013 relates to visual privacy and provides an overall objective “To ensure that existing and future residents are provided with a reasonable level of visual privacy”. The proposal seeks alterations and additions to the existing dwelling including construction of a gabled rear roof addition, as detailed in figures 12 through 14 below. Further to Setback matters within this table, the proposal does not seek any alteration to the existing minimum rear setback of 1.65m (variable) at ground floor, with proposed first floor addition (including subject gable extension) to maintain a rear setback of 5.25m to the northern (rear) boundary, consistent with surrounding developments to the northern side of John Street.

Figure 12: Extract of submitted northern elevation.

Figure 13: Extract of submitted eastern elevation.


Figure 14: Extract of Proposed 3D View showing rear gable addition and rear property 15 Commodore Street.

Concern has been raised during the notification period over impacts this rear gable component, particularly with regard to the increase in visual bulk and potential for direct lines of sight to adjoining property 15 Commodore Street, McMahons Point. An inspection of this adjoining property was undertaken, with images taken over and towards the development site provided below.

Figure 15: View from 15 Commodore Street to Subject Site. Photo taken at standing position at doorway border of living

room/terrace


Figure 16: View from 15 Commodore Street to Subject Site. Photo taken at standing position at of edge of outdoor terrace

area. Having regard to these concerns, the applicant has submitted revised plans to Council on 31 March 2015, with revisions designed to alleviate these visual privacy concerns through reduction in the size of the rear window within this gabled addition, as well as provision of fixed 100 timber louvers, spaced also at 100mm and in a position of 55 degrees. In addition, the applicant has provided a line of sight diagram, demonstrating view lines between the subject and concerned property at 15 Commodore Street (refer figure 17 below).

Figure 17: Enlarged line of sight diagram between subject and concerned property.

Lines of Sight/Overlooking

With regard to line of sight/overlooking matters, it is considered that the applicant has taken reasonable steps to alleviate this matter, as the proposal (as amended) has reduced the size of the rear gable and window opening, as well as provided fixed timber louvers to allow adequate light and ventilation while preventing the possibility for view lines between properties. Additionally, having regard to the line of sight diagram provided above, it is noted that while unlikely, should any view into the site be possible, this would be onto either a void space, stairs or stair landing, and not to any areas of congregation or recreation is not unreasonable under the circumstances.


Increase in Visual Bulk

Having regard to concerns raised over visual bulk, it is acknowledged that the proposed addition would result in a reduction in the upper level rear setback, and by virtue of any rear addition would contribute to an increase in visual bulk of this portion of the dwelling to the adjoining property at the rear of the site. The proposal (as amended) is however considered to be of a reasonable and moderate scale, being a sympathetic addition to the federation dwelling, is within the existing roof form, and will maintain a minimum of 9.5m separation to the terrace balustrade of No 15 Commodore Crescent, and a minimum of 11.8m from window glass line of the proposed addition to door glass line of border living room/terrace of the adjoining property. While the proposal would result in an increase of visual bulk to adjoining property 15 Commodore Street, this increase somewhat unavoidable within the medium density and established nature of the locality, as well as topography, open plan nature, large rear terrace area and general orientation of the dwelling at number 15 directly towards, and over, the development site. Given the orientation of buildings generally to the south however, topography of the site and existing mature vegetation, anticipated impacts to these properties is not unreasonable under the circumstances. Further, it is considered that impacts relating to overlooking or bulk can not be wholly attributed to the design of the proposal, but rather an unfortunate consequence of historical development patterns, resultant medium density living and development within R3 Zone and topography at the site. Having regard to matters discussed within this section, the proposal is considered acceptable with regard to Visual Privacy provisions within Part B Section 1.3.10 of the NSDCP2013. 1.4 Quality built form Context Yes The proposal includes substantial alterations and additions to the existing dwelling, including

both a first floor and rear addition and subterranean excavation for a undercroft garage space. While the scope of works is considered significant, the proposal is similar in bulk and scale to surrounding development, particularly against adjoining property 3 John Street to the west of the site. It is noted also that proposed alterations and additions are to be located within the existing dwelling footprint, and are considered in keeping with local development standards and the Thomas, Bank and Union conservation Area. The proposal has been referred to Council’s Conservation Planner, who responded in support of the proposal subject to the imposition of conditions. Given the above, it is considered that the proposed works, being located below and behind the existing ridge and submissive inscale to the existing dwelling are in keeping with the Thomas, Bank and Union Neighborhood Area Character Statement are consistent with the built form context of the locality.

Setbacks Yes The proposal seeks alterations and additions generally within the footprint of the existing dwelling containing a ground setback of 1.05m to the western (side) boundary (unchanged), and 900mm to the eastern (side) boundary, and first floor setbacks of 6.5m to the western (side) boundary and 4.25m to the eastern (side), and therefore complies with Setback provisions contained within table B-1.5 of the NSDCP2013. It is noted the proposal does not seek any alteration to the existing minimum rear setback of 1.65m (variable) at ground floor, with proposed first floor addition to maintain a rear setback of 5.25m to the northern (rear) boundary, consistent with surrounding developments. Given the above, including maintenance with site coverage and landscape provisions at the site, the proposal complies with applicable setback provisions and objectives contained within Part B Section 1.4.6 of the NSDCP2013.

Form Massing Scale & Built Form Character

Yes The proposal includes alterations and addition to the existing dwelling, including contemporary rear addition and modification to the roof form, and complies with Clauses 4.3(2) of the NSLEP 2013 which specifies maximum heights of 8.5m (for the site) While concern has been raised with regard to the bulk and scale of proposed works, including proximity to adjoining property 15 Commodore Crescent at the rear of the site, it is considered that the proposal (as amended) will provide for adequate privacy screening, while maintaining a building separation of 9.53m at the upper level of the proposed addition, and is considered reasonable with regard to the contemporary nature of the adjoining property, topography of the land and the level of development provided for by, and expected of the R3 Medium Density Residential Zone. Please refer to a discussion of visual privacy matters 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, and is therefore 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 & Dormers

Yes The proposal includes alteration to the existing roof form, including rear gabled extension and provision of dormers to the southern (John Street) elevation, to be finished with both weatherboard cladding and Marseilles roof tiles to match the existing dwelling. The application including roof works has been referred to Council’s Conservation Planner, who responded in support of modification to the roof form, and proposed dormer to this elevation, advising that:

“The proposed roof addition has been amended to retain the original hipped roof form, with the introduction of appropriately located and detailed dormers to the front and side elevations. The rear addition will not impact on the character or significance of the conservation area.”

Having regard to the above, the application is considered satisfactory with regard to Roof and Dormer provisions within Part B Sections 1.4.10 and 1.4.11 respectively of the NSDCP2013.

1.5 Quality Urban Environment Vehicle Access and Parking

Variation Sought

The proposal includes substantial alterations and additions to the existing dwelling, including re orientation of existing driveway entrance and subterranean excavation for a single width undercroft garage space. Provision of this garage would allow for a maximum of three on site car spaces at the site, including one within the garage itself and potential for a maximum of two spaces within the front setback. It is noted provision of this additional garage space would result in a non-compliance with Part B Section 10 of the NSDCP2013, which provides for a maximum of two spaces per dwelling. Despite this non-compliance, the application seeks replication, albeit in a mirrored arrangement of existing front setback parking provisions, which allow for up to two spaces, and is consistent with other comparable dwellings along John street, specifically numbers three (3) and five (5)which also hold provision for two spaces within the front setback. The application has been referred to Council’s Engineering and Heritage Department, who responded in support of the application, subject to conditions, and is considered acceptable with regard to Part B Section 1.5.4 of the NSDCP2013.

Site Coverage

Yes Submitted plans indicate the proposal would result in a total Site Coverage of approximately 164sqm, from a total site area of 386.6sqm, representing a proportionate 42.5% of the site and therefore complies with site coverage provisions contained within Part B Section 1.5.5 of the NSDCP2013.

Landscape Area

Yes Submitted plans 31 indicate the proposal would result in a total Landscaped Area of approximately 127.3sqm, from a total site area of 386.6sqm, representing a proportionate 32.9% of the site and therefore complies with Landscaped Area provisions contained within Part B Section 1.5.6 of the NSDCP2013.

Un-Built Area

Variation Sought

Submitted plans indicate the proposal would result in a remaining Un-Built Area of 95.3sqm, from a total site area of 386.6sqm, representing a proportionate 24.6% of the site and therefore does not comply with Un-Built Area provisions contained within the NSDCP2013, which provides for a maximum of 20% at the site. It is noted this minor non compliance is partly attributed to the altered driveway location to the western side of the block and provision of integrated garage. This revised layout is considered safer and more efficient that existing site circumstances, with this non-compliance principally located within the front setback, and given the proposal is otherwise compliant with site coverage and minimum landscaping area provisions above, this variation is supported under the subject application.

Excavation Yes The proposal seeks construction of a undercroft garage, to be contained wholly within the footprint and bounds of the existing structure (approx 3.1m from adjoining 3 John Street), beneath existing living room located to the south (front) of the dwelling. It is noted that the proposal has not been submitted with a geotechnical assessment, and that exact surface levels underneath the existing house are unknown, and therefore the volumetric quantity of excavation required is not able to be determined.

Accordingly, it is recommended that a geotechnical investigation, including structural engineers certification be submitted at CC stage for the both the subject dwelling and adjoining property to the east (3 John Street), be submitted to ensure no impact on the structural integrity of either dwelling.


Private and Communal Open Space

Yes The proposal will maintain minimum private open space provisions pursuant to Part B Section 1.5.10 of the NSDCP2013.

1.6 Efficient Use of Resources Energy Efficiency

Yes A valid BASIX certificate has been submitted with the application to satisfy the BASIX commitments

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 SUBMITTERS CONCERNS The application was required to be notified during the period 16 January 2015 to 30 January 2015 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period one (1) submission was received, with concerns relating to Bulk, Scale and Privacy matters. In response to these concerns, revised plans were submitted 31 March 2015, providing for a reduction in scale of the rear gable component and provision of privacy screening and were renotified to the submitter during the period 24 April 2015 to 8 May 2015. During this period a further one (1) submission was received. Matters raised are provided below:


• Loss of Amenity (Increase in Visual Bulk)

Comment: Further matters discussed within this report, it is acknowledged that the proposed addition will contribute to an increase in visual bulk of this portion of the dwelling to the adjoining property at the rear of the site. The proposal (as amended) is however considered to be of a reasonable and moderate scale, and will maintain a minimum of 9.5m separation to the terrace balustrade of No 15 Commodore Crescent, and a minimum of 11.8m from window glass line of the proposed addition to door glass line of border living room/terrace of the adjoining property. It is considered that any increase in building bulk is somewhat unavoidable within the medium density and established nature of the locality, as well as topography, open plan nature, large rear terrace area and general orientation of the dwelling at number 15 directly towards, and over, the development site. Given the orientation of buildings generally to the south however, topography of the site and existing mature vegetation, anticipated impacts to these properties is not unreasonable under the circumstances. Further, it is considered that impacts relating to overlooking or bulk can not be wholly attributed to the design of the proposal, but rather an unfortunate consequence of historical development patterns, resultant medium density living and development within R3 Zone and topography at the site. Further to the compliance table within this report, the application has been assessed against, and is considered consistent with, Visual Privacy provisions within Part 1.3.10 of the NSDCP2013.

• Loss of Amenity (Overlooking Between Properties) Comment: Further to matters discussed within this report, it is considered that the applicant has taken reasonable steps to reduce or alleviate matters relating to overlooking between properties, given the proposal (as amended) has provided for a reduction in size of the rear gable and window opening, and has provided for fixed timber louvers to allow adequate light and ventilation while preventing the possibility for view lines between properties .Having regard to the line of sight diagram within this report, it is noted that while unlikely, should any view into the site from 15 Commodore Street be possible, that this would be onto either a void space, stairs or stair landing, and not to any areas of congregation or recreation is not unreasonable under the circumstances. Further to the compliance table within this report, the application has been assessed against, and is considered consistent with, Visual Privacy provisions within Part 1.3.10 of the NSDCP2013.

• “Unattractive” Design/“Not Aesthetically Balanced” Comment: The proposal has been considered against, and found to be satisfactory with relevant planning and design controls within the North Sydney Development Control Plan 2013. Further, the proposal (as amended) has been referred to Council’s Heritage Planner, who responded in support of the application, including its design and aesthetic presentation. Accordingly, the proposal is considered to result in an appropriate development and design outcome for the site.

• Reduction in Property Value Comment: Section 79C of the Environmental Planning and Assessment Act 1979 includes provision for economic impacts generated by the proposal. Despite this, concerns relating to property values are not able to be determined by Council given the extent of contributing factors involved.


CONCLUSION The proposal seeks alterations and additions to an existing dwelling house comprising rear ground floor addition and first floor addition with gable end, as well as revision of driveway access arrangements within the front setback to allow for an under croft integrated garage at 1 John Street McMahons Point (Lot 1 DP 776868). 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. During assessment of the application concern has been raised regarding visual privacy impacts, being overlooking and increase in visual bulk, from the first floor gable addition to the dwelling immediately to the rear of the site. Further to revised plans submitted to Council 31 March 2015, the applicant has reduced the scale of the rear gable window component, as well as provided fixed timber louvers to mitigate overlooking issues, and the proposal would not result in any unreasonable overlooking impacts between properties. With regard to concerns of visual bulk from the first floor gable addition, it is considered that any increase in building bulk resulting from this component is somewhat unavoidable within the medium density and established nature of the locality, as well as open plan nature, topography and general orientation of the adjoining dwelling to the rear directly towards, and over, the development site. Impacts relating to overlooking or bulk can not be wholly attributed to the design of the proposal, but rather an unfortunate consequence of historical development patterns, resultant medium density living and development within R3 Zone and topography at the site. Having regard to the matters discussed within this report, it is considered that proposed works, including first floor gable addition to the rear of the dwelling would not unreasonable visual privacy impacts (building bulk or overlooking) under the circumstances. Accordingly, with respect to matters discussed within this report, the proposal is considered to be reasonable in the circumstances and it is recommended for approval subject to standard conditions. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent, to Development Application No. 454/14 for the Alterations and Additions to the Existing Dwelling at 1 John Street, McMahons Point, subject to the attached standard conditions: Jonathan Archibald David Hoy ASSESSMENT OFFICER TEAM LEADER Stephen Beattie MANAGER DEVELOPMENT SERVICES

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

1 JOHN STREET, MCMAHONS POINT DEVELOPMENT APPLICATION NO. 454/14

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.

Plan No.

Revision Title Drawn by Dated Received

DA-01 B Proposed Site Plan

K Davies & J Harvey Architects

23 March 2015 31 March 2015

DA-02 B Demolition Plan


23 March 2015 31 March 2015

DA-03 B Ground Floor Plan


23 March 2015 31 March 2015

DA-04 C First Floor Plan


23 March 2015 31 March 2015

DA-05 D North and South Elevations


18 April 2015 31 March 2015

DA-06 D East and West Elevations


18 April 2015 31 March 2015

DA-07 B Sections K Davies & J Harvey Architects

23 March 2015 31 March 2015

DA-12 A Landscape Plan


23 March 2015 31 March 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 IPP03 - 3/06/2015

1 JOHN STREET, MCMAHONS POINT DEVELOPMENT APPLICATION NO. 454/14 Page 2 of 25

September 2013 v1

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) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Dilapidation Report Damage to Public Infrastructure

C1. 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.

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) Dilapidation Report Private Property (Excavation) C2. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.

The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.



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All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the dilapidation survey is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

the developer or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: To record the condition of property/ies prior to the commencement of

construction) Dilapidation Survey Private Property (Neighbouring Buildings) C3. A photographic survey and dilapidation report of adjoining properties No’s. 3 John

Street, McMahons Point detailing the physical condition of those properties, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: Proper management of records)



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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)

Geotechnical Report C5. A report prepared by an appropriately qualified Geotechnical Engineer certifying that

the existing rock formations and substrate on the site is capable of: a) withstanding the proposed loads to be imposed; b) withstanding the extent of the proposed excavation, including any

recommendations for shoring works that may be required to ensure the stability of the excavation;

c) providing protection and support of adjoining properties; and d) the provision of appropriate subsoil drainage during and upon completion of

construction works must be submitted for approval by the Certifying Authority prior to the issue of any Construction Certificate. Recommendations made in the certified report must be complied with at all times.

Building plans and specifications submitted for approval with any construction

certificate application must comply with (a), (b), (c) and (d) above and the certified report, including any recommendations made in the said certified report.

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 structural integrity of the subject site and adjoining sites

during the excavation process)



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Sediment Control C6. 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) Waste Management Plan C7. 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;



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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) Colours, Finishes and Materials (Conservation Areas) C8. The finishes, materials and exterior colours shall be complementary to the

architectural style of the original building and sympathetic to the character of the Conservation Area. 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.)

Sandstone Re-pointing C9. Any repointing works to the sandstone block wall must be undertaken using

traditional lime mortar by a qualified stonemason. Written details of the engagement of a qualified stonemason must be submitted to the Certifying Authority prior to the issue of any Construction Certificate. The Certifying Authority must also ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

Note: The provisions of the Heritage Act may also apply to altering any sandstone

elements on any site.

(Reason: To allow for preservation of cultural resources within the North Sydney Council area)

Skylight(s) C10. 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.



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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)

Height of Front Fence C11. The front fence is to be constructed with timber pickets of traditional detail and paint

finish, to a maximum height of 1000mm. Details shall be submitted to the satisfaction of the Principal Certifying Authority prior to the Issue of any Construction Certificate.

(Reason: To ensure fence detail is sympathetic and complementary to the

Conservation Area) Required Infrastructure Works –Roads Act 1993 C12. Prior to issue of any Construction Certificate engineering design plans and

specifications must be prepared by a qualified civil design engineer. The plans and specifications must be to a detail suitable for construction issue purposes and must provide detail and specification for the following infrastructure works to be completed as part of the development. 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:

Road Works

a) Construction of a fully new replacement concrete footpath is required across the entire site frontage in John Street. A longitudinal section is required along the footpath property boundary at a scale of 1:50 extending 5m past the property boundary line. The footpath shall be designed ideally at a single straight grade of no more than 3% falling to top of kerb) so that it is uniform without showing signs of dipping or rising particularly at entrances.

b) construction of a fully new kerb and gutter is required across the entire site

frontage in John Street. A longitudinal section is required along the gutter line (existing and proposed levels), at a scale of 1:50 extending 5m past the property boundary line.

c) New vehicular crossing.

d) Construction of a fully new road shoulder (maximum grade 5% down towards

new gutter) extending to 600 mm out from the gutter alignment and across the entire development site frontage.



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Drainage Works

Connection of the site stormwater system must be made directly to a newly constructed grated gully pit (with lintel), to front the site on John Street. To accommodate this requirement, the following drainage infrastructure works must be carried out on Council property at the Applicants expense:-

a) Replacement of the existing standard grated gully pit with “Butterfly” (V-

shaped dish crossing gully grate fronting the subject site in John Street. The pit must be constructed in accordance with Councils “Infrastructure Specification for Roadworks, Drainage and Miscellaneous Works”.

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. Certifying Authorities must not issue a Construction Certificate without the formal written approval of Council (as Roads Authority) under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with North Sydney Council’s current documents Infrastructure Specification for Road Works, Drainage and Miscellaneous Works and Performance Guide for Engineering Design and Construction. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. A detailed survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RMS Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Council Roads Act 1993 approval.

Note: A minimum of 21 days will be required for Council to assess Roads Act

submissions. Early submission is recommended to avoid any delays in obtaining a Construction Certificate. A fee to cover cost of assessment (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

(Reason: To ensure infrastructure works are designed and constructed to appropriate standards and requirements of the Roads Act 1993)



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Obtain Driveway Crossing and associated works permit C13. 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) 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.

b) The redundant layback crossing on John Street must be reinstated as upright kerb gutter and concrete footpath.

c) The width of the vehicular layback shall be approximately 7.0m (including the wings).

d) The vehicular laybacks shall be set square to the kerb. e) The boundary footpath levels and gutter invert levels shall match the existing

levels and shall not be altered unless agreed to by Council. f) The Certifying Authority must ensure that the internal property levels at boundary

matches existing council’s boundary levels. g) All inspection openings, utility services shall be adjusted to match the proposed

driveway levels and location. h) The design detail has to be provided with vehicular access application and must

include sections along centre-line and extremities of the crossing at a scale of 1:25. Sections are to be taken from the centre of the roadway through to the parking area itself and shall include all changes of grade and levels, both existing and proposed.

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)



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Stormwater Management and Disposal Design Plan - Construct. Issue C## C14. 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 a direct connection to Council’s stormwater gully pit in John Street. When a direct connection to the pit option is implemented then the pipeline within the footpath area shall have a minimum cover of 300mm.

c) All civil and drainage works within the road reserve shall be designed and built in accordance with Council’s current “Infrastructure Specification”. Prior to issue of the Construction Certificate the applicant must have engineering plans and specifications, prepared by a qualified civil drainage design engineer. Council must approve the plans and specifications, in writing, prior to issue of any Construction Certificate by the Certifying Authority. The documentation must provide engineering construction detail for the following public infrastructure works that must be completed as part of the approved development. Council reserve the right of keeping all bonds on infrastructure works for 12 month defects liability period.

d) All redundant stormwater pipelines within the footpath area shall be removed and the footpath and kerb reinstated.

Details demonstrating compliance are to be submitted with all other drainage details to Council prior to issue of any 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)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C15. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $10,000 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,



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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)

Asbestos Material Survey C16. 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;


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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 C17. 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 ($) Drainage Construction Bond $3,000.00 Engineering Construction Bond $7,000.00 TOTAL BONDS $10,000.00

(Reason: Compliance with the development consent)

BASIX Certificate C18. 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. (A205857) 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)



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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) New windows and external glazed doors D3. All new windows and external glazed doors are to have timber frames with paint

finish, with the exception of the windows and doors to the rear elevation.

(Reason: To utilise traditional materials characteristic to the Conservation Area) Weatherboard cladding D4. The external cladding of the proposed dormer, including the gable ends of the

dormers, is to be natural timber weatherboard or 16mm composite weatherboard, with traditional profile and deep shadow lines, with paint finish. No approval is given for fibre cement weatherboard.

(Reason: To ensure the use of materials characteristic to the heritage item)



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Face brickwork to be retained D5. all existing face brickwork is to be retained. No approval is given for render, paint or

any applied finishes to the face brickwork

(Reason: To ensure the retention of original details and fabric) 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) Re-use of Sandstone E2. Sandstone blocks (if any) removed from the site are to be either stored for re-use on

site or offered to Council in the first instance.

Note: The provisions of the Heritage Act may also apply to altering any sandstone elements on any site)

(Reason: To allow for preservation of cultural resources within the North Sydney

Council area) Parking Restrictions

E3. 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) Road Reserve Safety E4. 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.



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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 E5. 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 E6. 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)

Council Inspection of Public Infrastructure Works E7. During the works on public infrastructure reverting to Council’s care and control,

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

a) Vehicular access; and associated road civil works. b) Stormwater connection & associated works.



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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 E8. 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 E9. 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 E10. 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)



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Developer's Cost of Work on Council Property E11. 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) 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.

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.



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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) 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.


erosion from development sites)


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Sediment and Erosion Control Signage E15. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.


erosion from development sites) Site Amenities and Facilities E16. 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 E17. 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 E18. 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 E19. 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)

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) 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.


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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)

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.



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)



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Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. 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 the erection of the building.



Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must

be properly guarded and protected to prevent them from being dangerous to life or property.

3) 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 F9. 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



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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) G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development: a. in the road reserve must be fully completed; and b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)

Certification- Civil Works G2. a) An appropriately qualified and practising Civil Engineer must certify to the

Certifying Authority that the stormwater drainage system is constructed in accordance with this consent and the provisions of the applicable Australian Standard. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority) upon completion of the development works and prior to the issue of an Occupation Certificate.

b) An appropriately qualified and practicing Civil Engineer must certify to the

Certifying Authority that the vehicular crossing and associated works and road works were constructed in accordance with this consent and any approval for works in the road reserve issued by the Council. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority), upon completion of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)



September 2013 v1

Utility Services G3. 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)

BASIX Completion Certificate G4. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate) House Numbering (Dwellings) G5. Prior to any Occupation Certificate being issued an application must be made to North

Sydney Council for written confirmation, or allocation, of the street address(es) or apartment number(s) for the completed project in accordance with Council's Property Addressing Policy. These are the numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2011.

Note: If apartments are to be sold off the plan, the applicant must have written confirmation from Council of the address and apartment numbering if the apartment number is to be identified on the contract.

(Reason: To ensure that Council records are accurate, and that house numbering complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties.)

Landscaping G6. The landscaping shown in the approved landscape plan numbered DA-12, Revision A,

Prepared by K Davies and J Harvey Architects, dated 23 March 2015, and received by Council on 31 March 2013, must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance)



September 2013 v1

Damage to Adjoining Properties G7. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:

a) whether any damage to adjoining properties has occurred as a result of the

development; b) the nature and extent of any damage caused to the adjoining property as a

result of the development; c) the nature and extent of works required to rectify any damage caused to the

adjoining property as a result of the proposed development; d) the nature and extent of works carried out to rectify any damage caused to the

adjoining property as a result of the development; and e) the nature and extent of any agreements entered into for rectification of any

damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. All costs incurred in achieving compliance with this condition shall be borne by the developer.

(Reason: To ensure adjoining owner’s property rights are protected in so far as

possible)


10

20

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10

1020

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30

40

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40

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2020

20

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28


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.

no rt h s y dne y co unci l re p o rt s...in response to these concerns, revised plans were...

Documents