north sydney council€¦ · an additional garage, increase in height of the approved roof ridge,...

NORTH SYDNEY COUNCIL

Council Chambers

26 April 2018

I wish to inform you that a Meeting of the NORTH SYDNEY LOCAL PLANNING PANEL

will be held in the Council Chambers, North Sydney at 2.00pm on Wednesday 2 May 2018

when your attendance is requested.

Your attention is directed to the accompanying statement of the business proposed to be

transacted at such meeting.

KEN GOULDTHORP

GENERAL MANAGER

BUSINESS

1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 4 April

2018.

(Circulated)

NSLPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

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Panel Member Panel Member

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Speaker/s

NORTH SYDNEY LOCAL PLANNING PANEL – 2/05/18 Page No 2

2. LPP01: 4 Clark Road, North Sydney - DA 30/2018

Applicant: Glenn Hain

Report of Kerry Gordon – Consultant Town Planner, 16 April 2018

Development application 30/18 was lodged on 14 February 2018 for demolition

of an existing brick plinth sign and replacement with an open steel illuminated

pylon sign. The sign is proposed to be illuminated between the hours of 5pm

and 10pm seven days a week. The illumination is to be by LED and the lights

are to be positioned in such a way that they are not directly visible, being behind

the face of the sign.

The application is reported to the North Sydney Planning Panel for

determination given the potential for a conflict of interest given that North

Sydney Council leases part of the subject site to the North Sydney Retirement

Trust.

Notification of the proposal occurred between 2 March and 16 March 2018 and

has attracted no submissions.

The application is acceptable when assessed against the provisions of State

Environmental Planning Policy No. 64 – Advertising and Signage, Sydney

Regional Environmental Plan (Sydney Harbour Catchment), North Sydney

Local Environmental Plan 2013 and North Sydney Development Control Plan

2013 other than in relation to the proposed hours of illumination.

Therefore, it is recommended that the North Sydney Planning Panel approve the

application, subject to the recommended conditions.

Recommending: PURSUANT TO SECTION 4.16 OF ENVIRONMENTAL PLANNING AND

ASSESSMENT ACT 1979 (AS AMENDED)

THAT the North Sydney Local Planning Panel, approve Development

Application No. 30/18 for an illuminated building identification sign at No. 4

Clark Road, North Sydney, subject to the attached conditions of consent.

3. LPP02: 2 Warung Street, McMahons Point (V) - DA 223/16/3

Applicant: Catherine Patricia Bloxham c/- Andrew Bloxham

Report of Susanna Cheng, Senior Assessment Officer, 18 April 2018

This development application seeks to modify Development Consent

No.223/16 for substantial alterations and additions to a dwelling, in relation to

an additional garage, increase in height of the approved roof ridge, new doors,

windows and skylight, a new 2.1m high wall to rear courtyard, and retention of

an existing front verandah enclosure.

The original consent was granted by North Sydney Independent Planning Panel

(NSIPP) at its meeting on 7 June 2017. The application was referred to NSIPP

following enquiries from the Mayor, Jilly Gibson.

The subject Section 4.55 application is reported to North Sydney Local Planning

Panel for determination because the proposed roof modification results in a

variation to the Height of Buildings development standard greater than 10%.

Council’s notification of the proposal has attracted three (3) submissions

raising particular concerns about view loss, and the additional garage impacting

on the streetscape, disabled parking space and bus stop on Blues Point Road.

The proposed increase in the height of the roof will not result in any material

change to the built form character of the approved dwelling. The modification

to the roof will allow for greater retention of original building fabric and is


supported on heritage grounds. The development as proposed to be modified

will remain comparable in bulk and scale to adjoining dwellings and will not

have any adverse impact on the Conservation Area.

The proposed roof will result in view impacts on a dwelling located on the

western side of Blues Point Road opposite to the site. However, the marginal

additional and overall view impacts are assessed to be minor. While parts of

the view of the Sydney Harbour Bridge will be obscured by the proposed roof,

the existing view of the archway of the Bridge and curtilage will be maintained.

Furthermore, the impacts arise from a relatively minor increase in the approved

roof height which allows for greater retention of the original fabric of the

dwelling, with no material streetscape or amenity impacts.

The additional garage to be located adjacent to the approved garage on Blues

Point Road will not have any adverse streetscape impacts. The garages will be

separated by a sandstone pillar to minimise visual impacts, and the sandstone

base of the dwelling will continue to be legible.

A double garage may be accommodated within the site, serviced by a driveway

crossing that is capable of meeting Council’s standards. The crossing will be

located south of, and not encroach on a disabled parking space on Blues Point

Road, nor will it impede the functioning of a bus zone adjacent to the site.

Following this assessment, the development application is considered to be

reasonable in the circumstances and is recommended for approval subject to

conditions.

Recommending:

PURSUANT TO SECTION 4.16 OF ENVIRONMENTAL PLANNING AND


THAT the North Sydney Local Planning Panel, under the delegation of the

General Manager as the consent authority, resolve to modify Development

Consent No. 223/16/3 dated 9/6/17 in respect to substantial alterations and

additions to a dwelling, including new upper level and deck, and garage to Blues

Point Road, on land described as 2 Warung Street, McMahons Point, under the

provisions of Section 4.55 of the Environmental Planning and Assessment Act,

only in so far as will provide for the following:

To insert the following new conditions:

Development in Accordance with Plans (S4.55 Amendments)

A6. The development being carried out in accordance with plans identified in

Condition A1 of the consent and endorsed with Council’s approval stamp,

except as modified by the modifications shown in colour and/or clouded on:

Plan No. Issu

e

Title Drawn by Receive

d

Sect 96 – 001 D Level 1 Plan RJP Design 3/4/18

Sect 96 – 002 D Level 2 Plan RJP Design 3/4/18

Sect 96 – 003 D Roof Plan RJP Design 3/4/18

Sect 96 – 004 D Ground Floor Plan RJP Design 3/4/18

Sect 96 – 005 D Elevations – Sheet 1 RJP Design 3/4/18




Sect 96 – 009 D Sections – Sheet 1 RJP Design 3/4/18

Sect 96 – 010 B Sections – Sheet 2 RJP Design 3/4/18

except as amended by the following conditions and this consent.


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

accordance with the determination of Council, Public Information)

Proximity to Existing Network Assets – Overhead Powerlines

A7. There are existing overhead electricity network assets in Blues Point Road

and Warung Street. Safework NSW Document - Work Near Overhead

Powerlines: Code of Practice, outlines the minimum safety separation

requirements between these mains/poles to structures within the development

throughout the construction process. It is a statutory requirement that these

distances be maintained throughout construction. Special consideration should

be given to the positioning and operating of cranes and the location of any

scaffolding.

The “as constructed” minimum clearances to the mains should also be

considered. These distances are outlined in the Ausgrid Network Standard,

NS220 Overhead Design Manual. This document can be sourced from

Ausgrid’s website, www.ausgrid.com.au

Should the existing overhead mains require relocating due to the minimum

safety clearances being compromised in either of the above scenarios, this

relocation work is generally at the developers cost.

It is also the responsibility of the developer to ensure that the existing overhead

mains have sufficient clearance from all types of vehicles that are expected be

entering and leaving the site.

(Reason: To minimise impacts on essential infrastructure)

External Finishes & Materials

A8. External finishes and materials must be in accordance with the submitted

schedule in drawing Sect 96 – 300 (Rev.B) dated 15/1/18, prepared by RJP

Design and received by Council on 3/4/18, unless otherwise modified by

Council in writing.

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

accordance with the determination of Council, Public Information)

Disabled Parking Space

A9. The development, in particular, the new driveway, shall not impede or

otherwise affect the functioning of the disabled parking space located on Blues

Point Road to the immediate north of the new driveway.

(Reason: Parking infrastructure)

Garage door details

C28. The proposed timber-clad garage doors are to be detailed in a style that is

complementary to the period of the Federation dwelling and submitted prior to

the Principal Certifying Authority issue of a Construction Certificate.

(Reason: To ensure the use of materials characteristic to the conservation area)

Western eave line

C29. The western eave is to be extended down toward the western boundary to

the full extent possible while maintaining the approved pitch of the roof and

accommodating any gutters and associated fixtures wholly within the site. No

approval is granted for any encroachment over/onto public land.

(Reason: To reduce visual bulk of the western wall to Blues Point Road)

To modify the following conditions so as to read as follows:

Obtain Driveway Crossing Permit under S.138 Roads Act 1993 C11. 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’

http://www.ausgrid.com.au/


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:

The proposed vehicular access ways must 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.

The top of the proposed layback wings must be constructed at a minimum

distance of 500mm from the existing sign post to the north and the existing

power pole to the south of the proposed crossing.

The existing sign post to the north and the existing power pole to the south of

the proposed crossing must not be disturbed as a result of the works.

The vehicular laybacks must be set square to the kerb.

The gutter invert levels must match the existing levels and shall not be altered

unless agreed to by Council.

The property boundary levels will need to lowered approximately 100mm to

ensure the change in cross-fall grade from the existing concrete road surface,

through the new footpath, to the proposed garage slab, does not exceed 12.5%

on crest or 15% in sag.

Alignment levels at the boundary have an important impact on the proposed

levels for new driveway. The works must not start until confirmation of the new

boundary alignment levels have been agreed to by Council. Council has the

authority to remove any unauthorised works at the cost of the property owner.

The Certifying Authority must ensure that the internal property levels at

boundary matches council’s confirmed boundary levels.

The stone kerb on Blues Point Road must remain unaltered (except in the

location of the new concrete layback) unless agreed to by Council.

The existing concrete road surface must remain unaltered unless agreed to by

Council.

The footpath and grass verge on Blues Point Road must be reconstructed and is

to be transitioned at least 2 footpath panels on both sides of the vehicular

crossing to ensure uniformity on the footpath.

Any twisting of driveway access to ensure vehicles do not scrape must occur

wholly within the subject property.

All inspection openings, utility services must be adjusted to match the proposed

driveway levels and location.

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.

A longitudinal section along the gutter line of Blues Point Road at a scale of

1:50 showing how it is intended to transition the layback with the existing gutter

levels and shall include all changes of grade and levels, both existing and

proposed.


A longitudinal section along the footpath property boundary in Blues Point

Road at a scale of 1:50 is required and shall include all changes of grade and

levels, both existing and proposed.

The sections must show the calculated clearance to the underside of any

overhead structure.

A swept path analysis is required demonstrating that an 85th percentile vehicle

can manoeuvre in and out of the garage spaces in accordance with AS 2890.1

2004 "Off Street Parking".

Pipelines within the footpath area must be hot dipped galvanized rectangular

steel hollow section with a minimum wall thickness of 4.0 millimetres and a

section height of 100 millimetres.

Any footpath panel on Blues Point Road or Warung Street that is disturbed for

the purpose of stormwater connection must be reconstructed as a whole panel.

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; proper disposal of stormwater)

BASIX Certificate C20.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. A301831 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)

Landscaping G9.The areas indicated as “Existing Landscaped Area” in plan numbered Sect

96-100 (Rev A) prepared by RJP Design dated 15/1/18 and received by Council

on 3/4/18, and at least an additional 4.4m2 of soft landscaping within the rear

courtyard (in place of area identified as “Existing Un-built Upon Area Paving”),

must be soft landscaped and completed prior to the issue of any Occupation

Certificate.

(Reason: To provide for appropriate landscape amenity)

To delete the following condition:

C4.Structural Adequacy (Semi Detached and Terrace Buildings)

4. LPP03: 50 Victoria Street, McMahons Point (V) – DA 365/17

Applicant: John J Taylor

Report of Kim Rothe, Senior Assessment Officer, 23 April 2018

This development application seeks Council’s approval for partial demolition

and substantial alterations and additions to an existing part light industrial / part


commercial building for the purposes of creating two new office premises on

the subject allotment.

The application is reported to NSLPP for determination due to the breach

proposed to the statutory Clause 4.3(2) Building Height control of NSLEP 2013

which is greater than 10% and due to the public interest in the proposed

development.

Council’s notification of the proposal attracted three (3) submissions raising

particular concerns about bulk, scale and character, amenity, overshadowing,

privacy and car parking.

The proposed additions to the building exceed the 8.5 m maximum height limit

applicable to the site as set out under Clause 4.3 of NSLEP 2013. The proposed

additions would have a maximum height of 11.6 metres. However, the

perceived scale of the additions will be commensurate with the adjoining three

storey buildings to the east and west of the subject site. The proposed additions

are also in accordance with the desired future character of the locality which

envisions new buildings up to a maximum height of three storeys. The new

structures are generally supported with regard to the breach.

The development will not result in any unreasonable overshadowing impact.

The development also achieves satisfactory privacy levels by means of upper

floor setbacks, building separation, privacy treatments and offsetting of new

spaces relative to neighbouring residential premises.

In relation to the amended Environmental Planning and Assessment Act 1979

which commenced on 1 March 2018, amendments to development assessment

and consent provisions predominantly involve renumbering of sections of the

Act, with s.79C Evaluation amended to s.4.15 Evaluation, with no change to the

provisions in that section. The Act as amended is discussed in more detail in

this report.

The assessment of the proposal has considered the concerns raised in the

submissions as well as the performance of the application against Council’s

planning requirements. Following this assessment, the development application

is considered to be reasonable in the circumstances and is recommended for

approval subject to conditions.



THAT the North Sydney Local Planning Panel, under the direction of the

Minister for Planning and Environment as the consent authority, assume the

concurrence of the Director General of the Department of Planning and invoke

the provisions of Clause 4.6 with regard to the exception to the development

standard for Building Height, and grant consent to Development Application

No. 365/2017 for minor demolition, new first floor addition and alterations to

ground floor of existing industrial building for commercial purposes at land

known as 50 Victoria Street, McMahons Point subject to the attached

recommended conditions of development consent:-

5. LPP04: 105 Kirribilli Avenue, Kirribilli (V) – DA 363/17

Applicant: Geen Hong Walsh

Report of Robin Tse, Senior Assessment Officer, 24 April 2018

This development application seeks NSLPP’s approval for demolition of the

existing two storey detached dwelling and the construction of a four storey


residential flat building containing four (4) units with basement parking for nine

(9) vehicles.

The application is referred to NSLPP for determination because the proposal is

subject to SEPP 65 with more than 10 submissions as directed by the Director

of Planning and the Environment.

Council’s notification of the original and amended proposals has attracted a total

of eighteen (18) submissions raising particular concerns about the non-

complying setback/building separation of the proposed building, adverse

amenity impacts (loss of views/outlook, overshadowing and the loss of privacy)

for the adjoining properties and adverse traffic/parking impacts on local road

network.

The development application has been assessed against the North Sydney LEP

2013 and North Sydney DCP 2013 and SEPP 65 – Design Quality of Residential

Apartment Building and the Apartment Design Code and generally found to be

acceptable in the site circumstances.

The four storey scale of the development with a three storey street frontage is

generally characteristic of apartment developments along Kirribilli Avenue.

The articulated facades, variation in colours and materials and the landscaping

within the front garden will assist in minimising adverse visual and amenity

impacts on the adjoining properties and the public domain. Whilst the proposal

does not strictly comply with the minimum building separation distances as

required by the ADG this non-compliance is considered to be acceptable given

the location and treatment of the openings and the narrowness of the site.

The non-compliances with the DCP unbuilt upon and landscape areas controls

are considered to be acceptable because the proposal would improve the

landscaped quality of the subject site with appropriate landscaping treatments.

The contemporary design of the building is considered acceptable on heritage

grounds given that it is generally consistent with other apartment buildings

within the conservation area in terms of scale/bulk, form with appropriately

proportioned openings facing the public domain.

The proposal, as amended by condition, is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.



THAT the North Sydney Local Planning Panel, grant consent to Development

Application No. 363/17 for the demolition of the existing detached dwelling and

the construction of a residential flat building containing four apartments with

basement parking and associated landscaping on land at No. 105 Kirribilli

Avenue, Kirribilli, subject to the attached standard conditions and the following

site specific conditions: -

Design Modifications – Privacy Protection

C31.The following shall be applied to the approved development to ensure

visual privacy for the adjoining properties:

The vertical privacy screens to the ground floor (W10) and second floor living

room windows (W11) on the southern elevation must be extended to the full

length of the western most bay of these windows to provide privacy protection

for No. 103 Kirribilli Avenue;

Frosted glazing must be applied to the first floor bedroom 3 windows (W5 &

W6) to protect visual privacy for No. 107 Kirribilli Avenue;


Frosted or textured glazing must be applied to the glazing to the stairwell on the

eastern elevation to protect visual privacy for No. 107 Kirribilli Avenue.

The Certifying Authority must ensure that the amended landscape plan and

other plans and specifications submitted fully satisfy the requirements of this

condition.

(Reason: To ensure privacy for the adjoining properties.)

Colours, Finishes and Materials (Conservation Area)

C32.The finishes, materials and exterior colours shall be complimentary to the

architectural style of the surrounding developments and sympathetic to the

character of the Conservation Area.

The black brick and dark stone cladding is to be substituted with an alternative

cladding material including a brown brick (as seen on Federation and Inter-War

buildings in the area) or a rendered finish painted in a neutral tone.

A schedule of finishes, materials and external colours shall be submitted for the

written approval of Council’s Conservation Planner. The approved schedule

must be submitted to the Certifying Authority 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 the use of colours and materials consistent with the character

of the conservation area.)

Windows and Doors

C33.Windows and doors are to have aluminium or steel framing sections of a

width 45mm or wider, or are to be timber-framed.

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 be sympathetic to the character of the conservation area.)

Hydraulic Booster

C34.The hydraulic booster is to be contained within a painted cabinet in a colour

sympathetic to the streetscape and satisfying the requirements of the National

Construction Code and the relevant fire safety requirements.


submitted fully satisfy the requirements of this condition prior to the release of

the Construction Certificate.

(Reason: To ensure a quality streetscape.)

Amendments to the Landscape Plan

C35.The landscape plan, based on LPDA18 – 06/1 – 5, dated 31.01.18, prepared

by Conzept Landscape Architects, must be amended to the satisfaction of

Council’s Landscape Development Officer as follows to provide an appropriate

landscaped setting:

Retention of Olea europaea var Africana (African Olive) located within

No. 107 Kirribilli Avenue;

Plant species are to be perennials to ensure longevity of the design proposal;

Plant species are to be correctly labelled as native or exotic;

Plant common names are to match the Latin name;

Plant species on the roof top garden are to have a maximum of 300mm mature

height;

One Jacaranda mimosifolia (Jacaranda) street tree is to be planted at 100 L pot

size on Council’s footpath in alignment with existing plantings between the

proposed driveway and proposed pedestrian entry.


Written concurrence that this condition has been satisfied is to be provided to

the certifier prior to the issue of any construction certificate.

The Certifying Authority must ensure that the amended landscape plan and

other plans and specifications submitted fully satisfy the requirements of this

condition.

(Reason: To ensure residential amenity)

6. IPP05: 5 Gundimaine Avenue, Kurraba Point (V) – DA 64/18

Applicant: Castlepeake

Report of Luke Donovan, Senior Assessment Officer, 19 April 2018

The applicant seeks development consent from the North Sydney Local

Planning Panel (NSLPP) for substantial alterations and additions to the existing

dwelling house including the demolition of the existing double carport and the

construction of a new double garage at street level on land at No. 5 Gundimaine

Avenue, Kurraba Point.

The application is reported to the NSLPP because elements of the proposed

works are above the permissible height limit of 8.5m pursuant to Clause 4.3(2)

in NSLEP 2013. The non-compliance with the permitted height limit is greater

than 10% requiring determination by NSLPP as directed by the Department of

Planning and Environment.

Council’s notification of the application has attracted two (2) submissions

raising concerns about loss of privacy, overshadowing, side setbacks,

construction impacts, and increased building height.

The Clause 4.6 submission seeking a variation to the building height control is

considered to be well founded as the non-complying elements of the dwelling

are limited to the central part of the new roof form and is mainly attributed to

the sloping nature of the site and the previously excavated lower ground floor

level. The non-complying elements are unlikely to materially add to the bulk or

scale of the dwelling or result in any unreasonable amenity impacts for

adjoining properties in terms of privacy, view sharing and overshadowing.

The proposed roof form is considered acceptable as it is generally characteristic

of the Kurraba Point Conservation Area. An amended western elevation was

submitted as part of the application incorporating some of the original Arts and

Crafts detailing to ensure the Neutral Item maintained its significance within the

Kurraba Point Conservation Area.

A condition of consent is recommended that a louvred privacy screen be

attached to the southern side of the ground level deck to maintain privacy with

No. 3 Gundimaine Avenue.

Following this assessment, and having regard to the provisions of Section 4.15

of the

Environmental Planning & Assessment Act 1979 (as recently amended), the

application is considered to be reasonable in the site circumstances and

recommended for approval subject to standard and site specific conditions of

consent.


ASSESSMENT ACT 1979 (AS RECENTLY AMENDED)

THAT the North Sydney Local Planning Panel, as the consent authority,

assume the concurrence of the Director General of the Department of Planning

and invoke the provisions of Clause 4.6 NSLEP2013 with regards to the non-


compliance with Clause 4.3 (Building Height) and grant consent to

Development Application No.64/18 for substantial alterations and additions to

the existing dwelling house including the demolition of the existing double

carport and the construction of a new double garage at street level on land at

No. 5 Gundimaine Avenue, Kurraba Point subject to the following site specific

and the attached conditions:-

C1.Heritage requirements

Prior to the issue of the construction certificate, the plans must be amended to

address the following heritage requirements:

The new windows and doors are to have aluminium or steel framing sections of

a width 45mm or wider, or are to be timber-framed.

The new roof tiles to both the garage and dwelling must be unglazed terracotta

roof tiles in Marseilles pattern.

The front boundary fence to Gundimaine Avenue is to have a maximum height

of 1.8 m.

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.

(Reason: To be sympathetic to the character of the conservation area and the

original dwelling)

C16.Privacy

The following privacy devices are to be provided:

a)A louvred privacy screen must be attached to the southern side of the ground

level deck located off the living/dining room. The screen must have a minimum

height of 1.7m above the floor level of the deck. The louvres must be angled in

such a manner so as to prevent direct overlooking of the deck and swimming

pool on the adjoining property at No. 3 Gundimaine Avenue.

b)The eastern window to the garage must have a 1.6m high sill. The eastern

door to the garage must remain closed and only opened to access the courtyard

for maintenance purposes.

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 an adequate level of privacy is provided to adjoining

property located at No. 3 Gundimaine Avenue)

C17.Screen Planting

To maintain acceptable levels of privacy and sunlight, the existing hedge along

part of the southern boundary of the site must be maintained at a height of

between 2m to 2.5m unless agreed to in writing between the owner of the subject

property and the owner of the adjoining property at No. 3 Gundimaine Avenue.

Details of the screen planting required by this condition must be provided to the

Certifying Authority for approval prior to the issue of any Construction

Certificate. The Certifying Authority must ensure that the details submitted fully

satisfy the requirements of this condition.

(Reason: To preserve the privacy of adjoining properties)

G1. Southern garage wall

Prior to the issue of any occupation certificate a registered surveyor must certify

in writing that the new southern wall to the garage including gutter was

constructed wholly within the confines of the subject site.


Reason: To ensure all works are constructed wholly within the confines of the

subject site)

I1.Required Screen Plantings

The hedge along part of the southern boundary must be maintained in

accordance with the requirements of this consent at all times.

(Reason: To ensure privacy and solar access is maintained for the property at

No. 3 Gundimaine Avenue, Kurraba Point)

I2.Non- Trafficable Planting Area

The planting area to the south of the Upper Floor Hallway and to the east of the

garage must be non-trafficable and only be accessed for maintenance purposes

only.

(Reason: To ensure privacy is maintained for the property at No. 3 Gundimaine

Avenue, Kurraba Point)

7. LPP06: 18 Illiliwa Street, Cremorne – DA 460/16/2

Applicant: Fox Johnston

Report of George Youhanna, Executive Planner, 13 April 2018

This application seeks Council’s approval for modification of a development

consent granted by the Land and Environment Court for demolition of an

existing residential flat building and erection of a replacement residential flat

building with basement car parking at No.18 Illiliwa Street, Cremorne.

The application is referred to NSLPP as it is development to which SEPP 65

applies.

Council’s notification of the proposal has attracted five submissions raising

particular concerns about height, bulk and scale, character, overshadowing,

privacy, traffic and parking, noise impacts, landscaping, adequacy of plans, site

coverage, unsatisfactory nature of Court approval, and other concerns relating

to the original development. The assessment has considered these concerns as

well as the performance of the application against the relevant statutory

provisions of the Environmental Planning and Assessment Act 1979 and

Council’s planning requirements.

Following assessment of the proposal, the modification application is

considered to be reasonable in the circumstances and is recommended for

approval subject to conditions.



THAT the North Sydney Local Planning Panel, as the consent authority, grant

consent to application No.460/16/2 for modification of consent for demolition

of an existing residential flat building and erection of a replacement residential

flat building with basement car parking, subject to the attached amended

conditions.

8. LPP07: 398 - 400 Military Road, Cremorne (T) -DA 408/17

Applicant: Mecone Pty Ltd c/o Mijollo

Report of Robin Tse, Senior Assessment Officer, 24 April 2018

This development application seeks approval from the North Sydney Local

Planning Panel for redevelopment of the subject properties to provide a new

five storey mixed use/shop top housing development containing three (3)


commercial tenancies on the ground floor, eleven (11) apartment units on the

upper levels, basement parking for five (5) vehicles including one (1) accessible

car parking space and a roof top terrace for communal use.

The proposal is subject to SEPP 65 and a variation to the building height

development standard is greater than 10%, which requires determination of the

application by the Panel as directed by the Director of Planning and the

Environment.

Council’s notification of the proposal has attracted a total of four (4)

submissions raising particular concerns about the height, bulk and scale of the

proposed development, setbacks, noise nuisance/traffic impacts during

construction phase of the development, overshadowing impacts and adverse

privacy impacts.

The development application has been assessed against the North Sydney LEP

2013 and North Sydney DCP 2013, SEPP 65 – Design Quality of Residential

Apartment Development and the Apartment Design Guide and generally found

to be satisfactory.

This report has considered a written request submitted by the applicant seeking

a variation to Clause 4.3 in North Sydney LEP concerned with the height of

buildings height pursuant to Clause 4.6 of the LEP. It is considered that the

variation to the building height development standard could be supported

because the building elements in breach of the LEP building height development

standard would not cause material impacts on the amenity of the adjoining

properties as well as the character of the locality.

The applicant has also amended the design to address the comments raised by

the Design Excellence Panel that were found to be satisfactory.

The issues raised in the submissions received have been addressed in the report.

The proposal, as amended by conditions, is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.



THAT the North Sydney Local Planning Panel, as the consent authority,

assume the concurrence of the Director General of Planning and Environment

invoke the provisions of Clause 4.6 with regard to the exception to the

development standard for maximum building height and grant consent to

Development Application No.408/17 for a mixed use building on land at Nos.

398 - 400 Military Road, Neutral Bay subject to the following attached site

specific conditions and other standard conditions:-

Revised Colours, Materials and Finishes

C1. The applicant shall submit revised drawings with colours, materials and

finishes, based on the approved architectural drawings and drawing numbered

A310C dated 28 Oct 2017, prepared by Mijollo, for all elevations of the

proposed building to ensure that appropriate colours, materials and finishes shall

be applied throughout the approved development.


submitted by the Applicant, referenced and accompanying the issued

Construction Certificate, fully satisfy the requirement of this condition.

(Reason: To ensure appropriate colour, materials and finishes be applied to the

approved development)

Compliance with Stage 1 Contamination Report


C2. The recommendations contained in the Stage 1 Preliminary

(Environmental) Site Investigation (PSI), dated October 2017 and prepared by

EBG Environmental Geoscience, must be implemented during the construction

phase of the approved development.

A statement from an appropriately qualified person, certifying that the

recommendations outlined in the above stated report have been suitably

incorporated into the development, must be submitted to the Certifying

Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure the land is suitable for its intended purpose)

Compliance with Acoustic Report

C3. The recommendations contained in the acoustic report for the proposed

development, dated 20/10/2017 and prepared by Acouras Consultancy, must be

implemented during construction and use of the development.

A statement from an appropriately qualified acoustical consultant eligible for

membership of the Association of Australian Acoustic Consultants, certifying

that the acoustic mitigation measures outlined in the above stated report have

been suitably incorporated into the development and that relevant noise criteria

have been satisfied, must be submitted to the Certifying Authority for approval

prior to the issue of any Construction Certificate.

(Reason: To maintain an appropriate level of amenity for the subject shop top

housing development and the adjoining land uses)

Rooftop Communal Area

I1. The rooftop communal area and associated facilities must only be used by

the residents and their guests of the development.

The operating hours of the rooftop communal facilities shall be as follows:

Sunday to Thursday: 7.00am to 10.00pm

Friday to Saturday: 7.00am to 11.00pm

A sign showing the above operating hours must be installed at a highly visible

location within the communal area.

The above operating hours must be incorporated in the by-law of any strata plan

for the approved development.

(Reason: To restrict the use of the facilities and amenity protection)

9. LPP08: 42 Holtermann Street, Crows Nest (W) - DA 35/18

Applicant: Revelop Projects

Report of Susanna Cheng, Senior Assessment Officer, 19 April 2018 This development application seeks approval for subdivision of one lot into two lots, partial demolition and alterations and additions to existing dwelling on proposed Lot 1, partial demolition and alterations and additions to an existing studio and use as a self-contained dwelling on proposed Lot 2, and new front fences.

The application is reported to North Sydney Local Planning Panel for determination due to variation to the Minimum Lot Size development standard being greater than 10% requiring determination by the NSLPP in accordance with the directions from the NSW Department of Planning.

Notification of the proposal has attracted two (2) submissions raising particular concerns about lot size and site coverage, new dwelling, building defects and privacy. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements.


The development application has been assessed against the North Sydney Local

Environmental Plan 2013 and the North Sydney Development Control Plan

2013. It is considered that the development is consistent with the specific aims

of the plan and the objectives of the zone and of the controls.

The creation of two dwelling houses each on a separate lot is permissible within

the R2 Low Density Residential zone. The existing built form will generally be

maintained, and the intensity of use is compatible within the zone. The proposal

will not have any adverse impact on the Conservation Area, subject to

conditions.

The proposed subdivision is consistent with the subdivision pattern in the area

and reflects existing building footprints within the site.

The proposed southern (Holtermann Street) Lot 1 complies with the minimum

allotment size development standard. The variation of the site coverage

provision, however, does not result in any overdevelopment or excessive site

density. The dwelling will provide adequate private open space in the form of

a front yard and rear lawn and patio, despite the variation.

The proposed northern (Huntington Street) Lot 2 is less than the minimum

allotment size, however, is comparable in size to a number of small lots in the

immediate vicinity of the site in Huntington Street. The proposed Lot 2

complies with site coverage and landscape area requirements, and the

development provides for reasonable residential amenity despite variation to the

lot size control.

The development will not have any unreasonable shadow, privacy or other

amenity impacts on adjoining properties. Privacy impacts are addressed via

condition.

Following this assessment, the development application is considered to be

reasonable in the circumstances and is recommended for approval subject to

conditions.

Recommending:

PURSUANT TO SECTION 4.16 OF ENVIRONMENTAL PLANNING AND


THAT the North Sydney Local Planning Panel, under the delegation of the

General Manager as the consent authority, assume the concurrence of the

Director General of the Department of Planning & Environment and invoke the

provisions of Clause 4.6 of North Sydney LEP 2013 with regard to the exception

of the development standard under Clause 4.1 for minimum subdivision lot size,

grant consent to Development No. 35/18 for subdivision into 2 lots, partial

demolition and alterations and additions to existing dwelling 1, partial

demolition and alterations and additions to an existing studio for use as dwelling

2, and new front fences, subject to the following attached site specific conditions

and standard conditions:

Front fence to Holtermann Street

C1.Details of a modern front boundary fence fronting Holtermann Street, to

complement the contemporary nature of the building and built to a height of

1.0m, is to be submitted and approved in writing by Council’s Conservation

Planner prior to the issue of a Construction Certificate.


submitted by the Applicant, referenced and accompanying the issued

Construction Certificate, fully satisfy the above.

(Reason: To ensure the architectural detailing is compatible with the

contemporary nature of the principle building)

N O R T H S Y D N E Y C O U N C I L

This is Page No 1 of the Minutes of the North Sydney Local Planning Panel Meeting held on

4 April 2018.

NORTH SYDNEY LOCAL PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY LOCAL PLANNING PANEL MEETING

HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 4 APRIL 2018, AT 2.00PM.

PRESENT

Chair:

Jan Murrell in the Chair.

Panel Members:

Ian Pickles, Panel Member

Michel Reymond, Panel Member

Jane van Hagen, Community Representative

Staff:

Not Present for Determination Session

Robyn Pearson, Team Leader (Assessments)

Lisa Kamali, Senior Assessment Officer

Robin Tse, Senior Assessment Officer

Lucinda Varley, Conservation Planner

Administrative Support

Geoff Mossemenear, Executive Assessment Planner

Melissa Dunlop, Governance Co-ordinator (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSLPP Meeting of 7 March 2018 were confirmed following that meeting.

2. Declarations of Interest

Nil.



4 April 2018.

3. Business Items

The North Sydney Local Planning Panel under the Delegated Authority granted under the

Environmental Planning and Assessment Act, 1979 as amended has considered the following Business

Items and resolves to determine each matter as described within these minutes.

ITEM 1

DA No:

432/17

ADDRESS:

20-22 Waruda Street, Kirribilli

PROPOSAL:

Alterations to an existing residential flat building.

REPORT BY NAME:

Robyn Pearson, Team Leader (Assessments)

APPLICANT: Brad Inwood

Public Submissions

Submitter Applicant/Representative

Nil Nil

Business Item Recommendations

The Council Officer’s Report and Recommendation is endorsed by the Panel subject to the plans being

amended for clarity and consistency. In particular, the awning is to be predominantly glazing to allow

light into the foyer and the dimensional extent compared to the existing awning is to be shown. The

plans are to be amended prior to the issue of the Construction Certificate. The Manager Development

Services is delegated authority to impose the necessary conditions.

Panel Reason: To provide clarity and certainty as to the outcome of the development.

Voting was as follows: Unanimous

Panel Member Yes No Community Representative Yes No

Jan Murrell Y Jane van Hagen Y

Ian Pickles Y

Michel Reymond Y

ITEM 2

DA No:

5/18

ADDRESS:

18A Milson Road, Cremorne Point

PROPOSAL:

Construction of external staircase to access attic balcony.

REPORT BY NAME:

Lisa Kamali, Senior Assessment Officer

APPLICANT: Mr John Howarth (C/- Michael Jones, Intelligent Architecture)



4 April 2018.

Public Submissions


Prema Perera John Howarth

Octavia Perera


The Council Officer’s Report and Recommendation is endorsed by the Panel.

Panel Reason: The Development Application for external stairs to the upper level bedroom balcony is

not supported on heritage grounds because of the impacts on the item and Heritage Conservation Area.

Furthermore, in the absence of a Fire Engineer’s report, the Panel is unable to assess the necessity for

the fire egress as proposed and whether there are alternatives that do not have an impact on the heritage

item and conservation area.

The Panel notes that the applicant has the opportunity to lodge an application for a review of this

determination.




Ian Pickles Y

Michel Reymond Y

ITEM 3

DA No:

343/17

ADDRESS:

126 Holt Avenue, Cremorne

PROPOSAL:

Demolition of the existing two storey detached dwelling and the

construction of a four storey residential flat building containing six

(6) units with basement parking for eleven (11) vehicles.

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

APPLICANT: Holt Avenue Pty Ltd

Public Submissions


Glen Smith Wayne Collins (applicant)

Graham Hand Hugh Slatyer (architect)

David Sneddon



4 April 2018.


The Council Officer’s Report and Recommendation is endorsed by the Panel subject to the imposition

of additional conditions that give effect to the following, with the determination of any consequential

changes to be delegated to the Manager Development Services:

The Dilapidation Reports and protection during construction are to include fencing, vegetation and

any other improvements in or near the boundary adjacent to the development.

The architectural plans are to be further amended as part of the Deferred Commencement condition:

o to reflect the plan handed up at the meeting Drawing 84817-SKX dated 4 April 2018.

o the rear balcony from the attic bedroom is to be deleted and the handrail directly installed next

to the glazing or alternatively this opening could be changed to an appropriate dormer.

o the basement is to provide for a maximum of 8 car parking spaces on the one level together

with the storage and the basement is to be set back further from the front boundary to the edge

of the building. Any conditions relating to Visitor Parking should be deleted.

o The external finishes and materials are to reflect a deeper red-brown brick and a darker tone

base to the building with a tonal gradation as it rises and the sandstone finish is to be changed

to either: rock; split face; or sparrow-picked.

o The rooftop mechanical plant is to be minimised, however solar panels and hot water may

remain. The majority of the plant room should be contained within the basement.

The landscape plan is to be amended to provide for:

o a tree in deep soil planting in the north-western corner that will achieve a minimum height of

6 metres.

o The boundary screen planting species is to provide for a height not exceeding 2 metres.

o There is to be an ongoing condition for the screen planting to be maintained at a height not

exceeding 2 metres.

Panel Reason: The Panel has considered the concerns of the submitters and has determined that the

impacts of the development are not unreasonable with the amendments required above and in the

recommended conditions, having regard to the zoning, topography, site constraints and isolation. In its

determination the Panel has had regard to the impacts that a complying development would have on

solar access. The Panel is also satisfied that privacy and overlooking are addressed by the plans and

further mitigated by the conditions. With respect to the streetscape, the imposition of conditions for

materials, finishes and colours is to provide for an appropriate fit in the context of the streetscape.




Ian Pickles Y

Michel Reymond Y

The public meeting concluded at 3.50pm.

The Panel Determination session commenced at 3.55pm.

The Panel Determination session concluded at 4.50pm.

Endorsed by Jan Murrell

North Sydney Local Planning Panel

4 April 2018

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