north sydney council€¦ · item ipp07_ - reports -_3/06/2015____ north sydney...

Item ____IPP07_______ - 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. Survey plan

4. Clause 4.6 submission

ADDRESS/WARD: 33 McDougall Street, Kirribilli (V) APPLICATION No: DA 11/15 PROPOSAL: Alterations and additions to an existing semi detached dwelling PLANS REF: Drawings numbered A101, Issue B, A102 Issue B, A103 Issue B,

A104 Issue B, dated 12/11/2014, A106 Issue C dated 19/05/2015, A114 Issue B, A115 Issue B dated 12/11/2014, A105 Issue G, A107 Issue G, A108 Issue G, A109 Issue G, A120 Issue D all dated 19/05/2015, A121 Issue D dated 15/04/15, A124 Issue E dated 15/04/2015, A127 Issue B dated 8/04/2015 all drawn by Bernard Gomm & Associates Pty Ltd Architects

OWNER: Brundee Investments Pty Ltd APPLICANT: Janette Margaret Howlett AUTHOR: Luke Donovan, Senior Assessment Officer DATE OF REPORT: 22 May 2015 DATE LODGED: 21 January 2015 AMENDED: 15 April 2015 and 19 May 2015 (Amended plans) RECOMMENDATION: Approval

Report of Luke Donovan Re: 33 McDougall Street, Kirribilli

EXECUTIVE SUMMARY This development application seeks consent from NSIPP for alterations and additions to an existing semi detached dwelling on land at No.33 McDougall Street, Kirribilli. This property is identified as a Contributory item within the Careening Cove Conservation Area. This development application is referred to the North Sydney Independent Planning Panel for determination at the request of Councillors Baker and Reymond. Council’s notification of the original proposal attracted one (1) submission raising concerns regarding architectural detailing and adverse heritage impacts. The amended proposal did not attract any submissions. The written justification submitted by the applicant in support of the variation to the building height control is considered to be justified in the c ircumstances because there would be no material impacts for adjoining properties. The amended proposal is considered to improve the internal amenity for the occupants of the dwelling while providing for greater useable private open space at the rear of the site. Council’s Conservation Planner supports the removal of the front and rear dormers under the amended proposal, however does not support the changes to the front window and the extension to the front balcony as these changes are not considered contributory works and would likely detract from the heritage significance of the dwelling. The proposal has been assessed having regard to Section 79(C) of the Environmental Planning and Assessment Act 1979 (as amended) and found to be satisfactory. Accordingly, the proposal is recommended for approval subject to appropriate standard and site specific conditions.

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Re:

Property/Applicant Submittors - Properties Notified

33 McDougall Street, Kiribilli - DA 11/15

Report of Luke Donovan, Senior Assessment Officer Re: 33 McDougall Street, Kirribilli

DESCRIPTION OF PROPOSAL The applicant is seeking approval from NSIPP for alterations and additions to an existing semi detached dwelling. The proposed works can be summarised as follows: Level 01

• The extension to the front balcony and the replacement of the front window with bi-fold doors.

• The reconfiguration of the kitchen and the extension of both the family room and powder room to the rear.

• Excavation at the rear to provide for an enlarged courtyard with new stairs leading to the landscaped rear portion of the site.

Level 02

• Minor works to the bathroom and en-suite. • The addition of a study nook to the bedroom. • The extension of bedroom 2 with a Juliette style balcony at the rear • A wide pan metal roof over Level 02.

Externally

• New landscaping at the front and rear of the site and changes to the front fence The application proposes no works to Level 3 (Attic) of the semi detached dwelling. STATUTORY CONTROLS North Sydney LEP 2013

• Zoning – R2 (Low Density Residential) Zone • Item of Heritage – No • In Vicinity of Item of Heritage – No • Conservation Area – Yes (Contributory Item within the Careening Cove Conservation

Area) • FSBL – No

Environmental Planning & Assessment Act 1979 SEPP No. 55 – Remediation of Land SEPP (Building Sustainability Index – BASIX) 2004 SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS NSDCP 2013


DESCRIPTION OF LOCALITY The s ubject s ite is le gally described as Lots A 1 a nd A 2 i n D P 440444 also known a s 33 McDougall Street, Kirribilli. The site is irregular in shape with a frontage to McDougall Street of 4.345metres and a site area of 189.7m2 (by title). Currently located on the site is a two storey brick semi detached dwelling, with balconies on the front elevation, an attic space and a hipped slate r oof. A na tural r ock out crop i s l ocated i n the rear portion of t he s ite. There ar e l arge Jacarandah trees growing on Council’s verge area in front of the site which largely obscure the dwelling from Milson Park.

Photos 1 and 2 – Front elevation of subject site (left) and other half of the semi detached dwelling (No.31 McDougall Street – right)

Easements

There is an easement to permit the existing structure and overhanging eaves and gutter of No.35 McDougall Street onto the subject site. A second easement provides right of access for No.35 McDougall Street at the rear of the dwelling (refer to Survey plan – Attachment 3). Surrounding development comprises predominantly two storey semi detached dwellings that also form pa rt of t he C areening C ove C onservation A rea. T he ot her ha lf of t he semi detached dwelling (No. 31 McDougall Street) is a similar two storey dwelling with balconies on the front elevation, an attic space and a hipped slate roof. To the south east of the site (No.35 McDougall Street) is also a two storey semi detached dwelling, and whilst not sharing a common wall with the subject dwelling, there are easements for structure encroachments onto the subject site as detailed above.


Photo 3 - Looking north east from the rear of the site towards the subject dwelling (left) and the adjoining dwelling at No. 35 McDougall Street (right)

Photo 4 - Aerial photograph of subject site and surrounding developments RELEVANT HISTORY A search of Council’s records indicates that there is no r elevant development history on t he subject site.

Rejected Application

20 November 2014 – Development Application DA 402/14 proposing alterations and additions to the semi detached dwelling was rejected by Council due to a failure to provide adjoining owners consent for works to the common party wall, insufficient information and inconsistencies between plans.

Subject site


Current Application:

21 January 2015 – Development Application DA 11/15 proposing alterations and additions to the semi detached dwelling was lodged with Council. 6 February 2015 – A letter was sent to the applicant requesting a Clause 4.6 submission for the proposed breach to the building height control, a preliminary Engineering Statement advising that the works are possible without causing impact to an adjoining property and revised shadow diagrams. 6 February to 20 February 2015 – The subject application was notified to the Milson Precinct and adjoining properties. One (1) submission was received against the application. 19 M arch 2015 – A further letter w as s ent to the a pplicant requesting the following amendments/additional information:

• The deletion of the front and rear dormers and the retention of the front windows and balconies.

• Additional details regarding any changes to the front fence on the subject site. • Amendments to the proposed roofing material over the rear of the dwelling to maintain

the heritage significance of Conservation Area. • The deletion of t he r ear ba lcony on Level 2 to maintain the visual pr ivacy with the

adjoining properties. • A site coverage/landscaped area diagram demonstrating compliance with NSDCP 2013.

18 A pril 2015 – The a pplicant s ubmitted a mended pl ans which de leted t he f ront a nd r ear dormers, provided a rear Juliette balcony on Level 2 and additional details on the changes to the front fence. 8 May 2015 – The amended plans were emailed to the submitter. No new issues were raised by this submitter. REFERRALS Building The proposed works being the subject application have not been assessed in accordance with the Building Code of Australia. This would need t o be unde rtaken pr ior t o t he i ssue of t he Construction Certificate. Should significant changes be required to achieve compliance with BCA standards, a Section 96 application would be necessary. Heritage The amended plans were referred to Council’s Conservation Planner who provided the following comments:


Heritage Status and Significance “The property is listed as a Contributory item within the Careening Cove Conservation Area. The property forms part of the McDougall Street Group. The dwelling forms one of a two-storey rendered brick semi-detached pair of houses (No’s. 31 & 33 McDougall Street) w ith front verandahs t o both floors and a hi pped s late r oof. T he v erandah balustrades are of cast-iron lace. The proposed works will have negligible impact upon the significance of the heritage-listed Milson Park located opposite. Heritage Impact Assessment The removal of the front window and replacement with doors and the extension to the front balcony are not conservation works and w ill likely detract from the building’s heritage significance contrary to objective 1(b) in Clause 5.10 in NSLEP 2013. These aspects of the proposal are also non-compliant with Objective O1 and O2 in Part B, Section 13.6.1 of NSDCP 2013 (see below), as the proposed works to the front facade of the dwelling will be further modified. 13.6.1 General Objectives O1 - Ensure that new development is designed to retain and complement the character and significance of the conservation area and O2.... locate new work to the rear way from publicly visible elevations.... 13.6.1 General Objectives O2 - Ensure that contributory items are retained and where practical improved, with a focus to locate new work to the rear or away from publicly visible elevation s of the building. The amended plans proposed the deletion of the f ront and r ear dor mers w hich i s supported. To maintain the heritage significance of the dwelling and to ensure only contributory works are undertaken to the dwelling, the following limitations are recommended on the consent: • The existing stained glass window in the living room on Level 1 is salvaged for

resale or reuse in order to retain heritage significant resources • The proposed ‘Longline 305’ roofing material over the rear part of the dwelling

must be substituted with a wide pan (minimum 425 mm), standing/rolled seam or corrugated roof sheeting

• That there are no changes to front window and/or the on extension of the front balcony Level 1 of the dwelling (refer to Condition C1)

Planning comment

To ensure compliance with Council’s heritage controls and to maintain the heritage significance of the dwelling, it is recommended that the above mentioned condition is incorporated into the consent.


Engineering The application was referred to Council’s Development Engineer who supported the application on engineering grounds, subject to standard conditions of consent (refer to Conditions C12 and G1). Landscaping The application was referred to Council’s Landscape Development Officer who provided the following comments:

• There ar e no t rees c overed by C ouncil’s T ree P reservation O rder gr owing on the property. However, it is noted that there is a Frangipani growing in the rear garden area that is to be retained. Council is supportive of the retention of this tree as it is suitable for smaller landscaped areas such as the rear of the subject site.

• The proposal would not adversely impact the two (2) mature Jacaranda Trees growing on Council’s grass verge in front of the subject site, however a bond is recommended to ensure their protection during construction (refer to Condition C14).

Council’s Landscape Development Officer raised no objection to the proposed works subject to the imposition of standard conditions of consent (refer to Conditions C14 and E9). SUBMISSIONS

Original plans

The subject application was notified to the Milson Precinct and adjoining properties between 6 February 2015 and 20 February 2015. One (1) submission was received against the application. The issues raised in this submission are summarised below and addressed later in this report: Basis of Submissions

• A dilapidation report must be prepared for the adjoining properties prior to the issue of the Construction Certificate

• There are inaccuracies in the depiction of the roof form. • The heritage report doe s not c onsider t he s ignificance of t he f our s emi-detached

dwelling at No.’s 33/31 and 21/19 McDougall Street, which have a characteristic and original roof form. The proposed works would be unsympathetic to the Conservation Area.

Amended plans

The amended plans were emailed to the submitter on 8 May 2015. No new issues were raised. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings:


SEPP 55 (Remediation of Land) The provisions of SEPP 55 require Council to consider the likelihood of land contamination and any remediation necessary to rehabilitate the site. Council’s records indicate that the site has previously been used for residential development and as such is unlikely to contain any contamination. The requirements of SEPP 55 have therefore been satisfactorily addressed. SEPP (Building Sustainability Index – BASIX) 2004 A suitable BASIX Certificate has been submitted with the application. A condition is recommended requiring compliance with the commitments contained in the certificate (refer to Condition C17). SREP (Sydney Harbour Catchment) 2005 The subject site is not within a part of North Sydney that is required to be considered pursuant to SREP (Sydney Harbour Catchment) 2005. NORTH SYDNEY LEP 2013 Permissibility within the zone: The site is zoned R2 (Low Density Residential) under the provisions of the North Sydney Local Environmental Plan 2013. The application proposes alterations and additions to an existing semi-detached dwelling which is a permissible f orm of de velopment i n t he R 2 L ow D ensity Residential zone with development consent from Council. R2 (Low Density Residential) Zone Objectives The proposed development is considered to generally satisfy the objectives of the zone as the proposal will maintain the low density residential character of the neighbourhood while providing improved residential amenity for the occupants of the dwelling without adversely impacting the residential amenity of neighbouring properties in terms of solar access, views or privacy. The amended proposal will generally maintain the heritage significance of the Conservation Area subject to recommended conditions of consent. 3. Building Heights Under the provisions of Clause 4.3(2B), the maximum height of a building permitted on the subject site is 5.5m. The existing semi detached dwelling has a maximum building height of 9.15metres. The proposed building works would have a maximum height of 5.95metres causing a non-compliance with Clause 4.3(2B) in NSLEP 2013. The elements in breach of the maximum building height control is the new form over the rear of Level 2 (refer to Figure 1 below).

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 189.7 m² (by title) Proposed Control Complies Clause 4.3 – Heights of Building 5.95m 5.5m NO


Figure 1 – Section plan The applicant has submitted a written request to justify the proposed variation to the building height control (refer to Attachment 4). The proposed breach has been assessed in accordance with the requirements of Clause 4.6(3) and (4), the objectives of the control and the zone. These matters have been considered below:

(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient,

The proposal generally maintains the existing natural landform of the site.

(b) to promote the retention and, if appropriate, sharing of existing views,

The proposal will maintain satisfactory view sharing for adjoining properties and the public domain as the new skillion roof is at the rear and is significantly below the existing hipped roof over the front part of the dwelling.

(c) to m aintain s olar ac cess t o e xisting dw ellings, pu blic r eserves an d s treets, an d t o promote solar access for future development,

The br eaches of the bui lding he ight c ontrol w ill not r esult in any ma terial inc rease in overshadowing to the adjoining properties during either the winter solstice or equinox.

(d) to maintain pr ivacy for residents of existing dwellings and to promote privacy for residents of new buildings,

The breaches of the building height control will not give rise to any potential overlooking into neighbouring properties.

(e) to ensure compatibility between development, particularly at zone boundaries, The proposed development is generally compatible with surrounding two storey developments in this low density residential zone as discussed throughout this report.

(f) to encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area.

5.5m height control


The scale and density of the development is generally characteristic of the locality. The proposal has been assessed against the objectives of Clause 4.3(1) and is considered to achieve the objectives of the control despite the variation from the standard. Compliance with the maximum building height control is therefore considered to be unreasonable and unnecessary in the ci rcumstances, a s t he obj ectives a nd pur pose of t he c ontrol i s a chieved de spite t he noncompliance. The written j ustification as submitted by the applicant s eeking va riation to Clause 4.3(2B) in NSLEP 2013 is considered to be well founded in the site circumstances. NSDCP 2013 The appl ication has been assessed against Part B, Section 1 ‘Residential Development’ and Section 10 Carparking’ in NSDCP 2013 as detailed in the table below:

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments 1.2 Social Amenity Population Mix

YES Residential accommodation within the locality would be maintained. The proposal would have no impact in terms of maintaining affordable housing or population mix.

Maintaining Residential Accommodation Affordable Housing

1.3 Environmental Criteria Topography YES (via

condition) The proposal w ill g enerally m aintain th e n atural topography of the site. The application proposes some additional e xcavation a t th e r ear o f th e d welling to accommodate a c ourtyard, s imilar to th e adjoining property at No. 31 McDougall Street (refer to Photo 5 below). A ppropriate c onditions a re r ecommended requiring dilapidation and structural adequacy reports to be p repared b y an ap propriately q ualified S tructural Engineer t o m inimize an y ad verse i mpacts o n t he structural integrity of the adjoining properties at No’s 31 and 35 McDougall Street (refer to Conditions C3, C4, C5 and C6).

Photo 5 – Aerial photograph of subject site and adjoining developments

Views YES The proposal will maintain satisfactory view sharing for adjoining properties and the public domain as the new

Subject site

No.31 McDougall Street


skillion roof is at the rear and is significantly below the existing hipped roof over the front part of the dwelling.

Solar Access YES Having regard to the built form context, the proposal will maintain reasonable solar access to the rear private open s pace o f the adjoining pr operty at N o.35 McDougall Street during the equinox and the winter solstice. The proposal is acceptable in this regard.

Acoustic Privacy YES The proposal is unlikely to result in adverse acoustic impacts to neighbouring properties given the residential nature of the development.

Visual Privacy YES The proposed new windows at the rear of the dwelling are u nlikely t o ad versely af fect v isual privacy with adjoining properties for the following reasons:

• The rear level 2 extension replaces an open balcony (3m x 2.5m) which provided greater opportunities for overlooking.

• The n ew windows a re n ot directly opposite windows on a djoining pr operties at No.35 McDougall Street.

• The new level 2 w indows s ervice predominantly low use rooms (bedrooms).

• The Juliette style balcony o ff B edroom 2 limits o pportunities f or entertaining overlooking w hilst providing i mproved amenity to the room.

• By virtue of the siting of the built forms and the existing boundary fencing there will be no adverse privacy impacts from the extension of Level 1.

1.4 Quality built form Context YES (via

condition) The proposal ge nerally r esponds t o t he e xisting characteristics and constraints of the site. The amended proposal is also c onsidered to maintain the h eritage significance of the Conservation Area subject to appropriate conditions of consent (refer to Condition C1).

Streetscape YES

NO (resolved

via condition)

The am ended p roposal r emoved t he f ront an d r ear dormers to a ssist in m aintaining the streetscape character of the Conservation Area. Council’s C onservation P lanner ha s ho wever r aised concerns regarding the changes to the front window and the extension of the front balcony which are not considered to be conservation works and contrary to Section 13. 6 in N SDCP 2013 (refer to detailed heritage comments earlier within this report).

Siting YES The proposal is considered to maintain the building orientation and siting c onsistent w ith a djoining properties.

Setback – Side

NO (acceptable on merit)

Side setback to eastern boundary The proposal will maintain the 1.2metre side setback to the southern boundary which is considered acceptable in the site context for the following reasons:

• The minor non compliance (300mm) with the minimum side s etback ( 1.5metres) will n ot result in any unreasonable amenity impacts to the adjoining p roperty i n t erms of l oss of privacy, solar access or views

• The rear addition will not unnecessarily add


YES

to the bulk and scale of the dwelling given the minor nature of the extension.

• The proposal will maintain existing separation between dwellings.

Side setback to western boundary Pursuant to Clause 1.4.6 (P3) of NSDCP 2013, Council must not gr ant c onsent t o a development w ith a n il setback to a s ide b oundary u nless t he ap plicant h as satisfactorily addressed the questions identified in the Land a nd E nvironment C ourt P lanning P rinciple “Building to th e s ide b oundary in residential areas” established in Galea v Marrickville C ouncil [2003] NSWLEC 113. The ap plicant h as co nsidered t he matters in the above planning principle. These are summarised below:-

(a) Is t he s treet ch aracterised b y t errace housing?

The southern side of McDougall Street is characterised by semi-detached dwellings.

(b) What is the height and length of the wall on the boundary?

The pr oposed extension to th e w estern w all is a maximum of 3.1metres with a height of 5.7metres.

(c) Has the applicant control over the adjoining site(s) or the agreement of their owners?

The applicant has obtained adjoining owner’s consent from No.31 McDougall Street for the proposed works to the party wall.

(d) What are the impacts on the amenity and/or development potential of adjoining sites?

The proposed development would not cause any adverse amenity impacts to adjoining properties with regards t o p rivacy, s olar ac cess an d view loss f or reasons discussed throughout this report.

Setback - Rear YES The proposed rear setback generally matches the rear setback on the adjoining property at No. 31 McDougall Street. The proposal is acceptable in this regard.

Form Massing Scale and Built Form Character

YES (via condition)

The amended proposal is generally consistent with the bulk and scale of characteristic buildings in the locality. The am ended p roposal d eletes the f ront an d r ear dormers. The existing skylight on the front roof plane will remain. The pr oposed w orks a re l ocated predominantly at the rear of the dwelling and below the existing r idge height a nd la rgely compliant with the building height control.


To p reserve t he h eritage s ignificance of the Conservation A rea, Council’s C onservation P lanner has r ecommended n o ch anges t o t he f ront window and/or extension of the f ront b alcony (refer t o Condition C1).

Dwelling Entry YES The proposal does not seek a ch ange to the existing dwelling entry.

Roofs YES (via condition)

The application does not seek a change to the existing hipped slate roof over the front part of the dwelling, including the chimney. The existing skylights on the front roof plane will remain. Council’s Conservation Planner has recommended a condition requiring that the proposed ‘Longline 305’ roofing material over the rear part of the dwelling be substituted with a wide p an ( minimum 4 25 m m), standing/rolled seam or corrugated r oof s heeting to maintain the heritage significance of the Conservation Area (refer to Condition C1)

Dormers YES The am ended p roposal d eleted t he f ront an d r ear dormers to preserve the streetscape character.

Materials YES (via condition)

The proposed colours and materials are considered to be acceptable as they are generally consistent with the locality (refer to Condition C1).

Front Fences YES (via condition)

The proposed changes to the front fence are considered to be generally characteristic of the streetscape, subject to a condition of consent requiring the style of the front fence to be steel palisade or wrought iron to maintain the h eritage s ignificance o f t he p roperty (refer t o Condition C1).

1.5 Quality Urban Environment Safety and Security YES The proposal is considered to maintain a high level of

safety and security for the occupants and visitors of the dwelling.

Vehicle Access and Parking NO (acceptable on merit)

There is no carparking currently provided on the site. It is unreasonable in the site circumstances to require the provision of carparking given the constraints of the site and the fact that it is a Contributory I tem within the Careening Cove Conservation Area.

Site Coverage YES The proposed site coverage is 47% which complies with the maximum site coverage requirement (60%) in P1, Part B, Section 1.5.5 in NSDCP 2013.

Landscaped and Un-built Upon Areas YES

YES

The proposed landscaped area is 33% which complies with the minimum landscaped area (20%) in P1, Part B, Section 1.5.6 in NSDCP 2013. The proposed un-built upon a rea is 20% which also complies with the maximum un-built upon area in P1, Part B, Section 1.5.6 in NSDCP 2013.

Excavation YES (via condition)

Appropriate conditions of consent are recommended to ensure that the proposed excavation does not adversely impact o n th e a menity a nd/or s tructural in tegrity o f adjoining properties (refer to Conditions C3 and C5). The proposed excavation is unlikely to impact the rock outcrops on the subject site.

Front Gardens YES The proposal pr ovides i mproved l andscaping a t t he front of the site, consistent with adjoining properties.

Private and Communal Open Space YES The proposal will provide improved private open space at the rear of t he subject s ite. T he proposal i s acceptable in this regard.


1.6 Efficient Use of Resources Energy Efficiency YES (via

condition) A valid BASIX Certificate w as s ubmitted w ith th e application demonstrating compliance with the relevant energy targets

Kirribilli Planning Area (Careening Cove Conservation Area) The application has been assessed against the relevant controls in Part B in NSDCP 2013 and found to be generally satisfactory as discussed in the table above. Consideration has also been given to Part C of NSDCP 2013 and in particular Section 8 of the Character Statement for the Kirribilli Planning Area and Section 8.3 for the Careening Cove Conservation Area where the proposal is considered to be consistent with the desired future character of the locality. SITE SUITABILITY Subject to recommended conditions of c onsent, t he proposal is considered to be g enerally suitable for the subject site as discussed throughout this report. 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 N/A 7. Physical relationship to and impact upon adjoining YES development (Views, privacy, overshadowing, etc.) 8. Site Management Issues YES 9. All relevant S79C considerations of YES Environmental Planning and Assessment (Amendment) Act 1979 SUBMITTORS CONCERNS The subject application was notified to the Milson Precinct and adjoining properties between 6 February 2015 and 20 February 2015. One (1) submission was received against the application.


The issues raised in this submission are summarised and addressed below:

• A dilapidation report be prepared on adjoining properties prior to the issue of the Construction Certificate

Comment

A condition of consent is recommended that a dilapidation report be prepared by an suitably qualified Engineer on the visible and structural condition of all neighbouring structures prior to the issue of the Construction Certificate (refer to Conditions C3, C4, C5 and C6).

• There are inaccuracies in the depiction of the roof form.

Comment

The am ended plans accur ately depict t he e xisting hi pped r oof form. There ar e no changes proposed to the existing hipped roof form over the front part of the dwelling.

• The h eritage r eport doe s n ot con sider t he s ignificance of the four semi-detached dwelling at No.’s 33/31 and 21/19 McDougall Street, which have a characteristic and original roof form. The proposed works would be unsympathetic to the Conservation Area.

Comment

The amended proposal has deleted the front and rear dormers. Council’s Conservation Planner considers that the amended proposal will retain the heritage significance of the Conservation Area subject to conditions of consent (refer to Condition C1). PUBLIC INTEREST The proposal is considered to be in the public interest for the reasons provided throughout this report. CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013, the North Sydney Development Control Plan 2013 and the relevant State Planning Policies and found to be generally satisfactory in the site circumstances. The variation to the building height standard is justifiable as the proposed breaches would not have a detrimental impact on the amenity of adjoining properties. The amended proposal is considered to improve the internal amenity for the occupants of the dwelling while providing for greater useable private open space at the rear of the site. Council’s Conservation Planner supports the removal of the front and rear dormers under the amended proposal, however does not support the changes to the front window and the extension of the front balcony as these changes are not considered contributory works and would likely detract from the heritage significance of the dwelling. Otherwise this proposal ensures greater liveability of the Contributory Item and is supported.


Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be satisfactory and recommended for approval subject to the attached standard and site specific conditions. RECOMMENDATION PURSUANT TO SECTION 80OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under t he de legation of t he General Manager a s t he c onsent a uthority, assume t he c oncurrence of the D irector G eneral of t he Department of Planning and Environment and invoke the provisions of Clause 4.6 with regard to the e xception t o t he de velopment s tandard f or bui lding he ight, a nd grant con sent to Development Application No. 11/15 for alterations and additions to an existing semi detached dwelling on land at 33 McDougall S treet, Kirribilli, subject t o t he following s ite s pecific conditions and the attached standard conditions:- Heritage requirements C1. To maintain the heritage significance of the dwelling and to ensure only contributory

works are undertaken t o t he dw elling, the f ollowing limitations are pl aced on this consent:

1. No c onsent i s g ranted a nd/or i mplied f or a ny e xtension to the existing front

balcony and/or front window on Level 1 of the dwelling. 2. The front boundary fence must be constructed of either steel palisade or wrought

iron. No consent is given and/or implied for tubular sections of fence. 3. The stained glass window within the existing living room on Level 1 must be

salvaged for resale or reuse. 4. The proposed roofing material over the rear of the dwelling must be one of the

following: a. Wide pan (minimum 425 mm), b. Standing/rolled seam; or c. Corrugated roof sheeting.

The Certifying Authority must e nsure t hat t he bui lding pl ans a nd s pecifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: The proposed works are not considered contributory and are contrary to

Council’s Heritage Controls) Non trafficable roof I1 With the exception of the Juliette balcony at the rear of Level 2, t he roof area must

remain non trafficable with only maintenance work permitted. (Reason: To maintain residential amenity with surrounding properties


Luke Donovan Robyn Pearson SENIOR ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS) Stephen Beattie MANAGER OF DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

33 MCDOUGALL STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 11/15

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 s tamp, except where amended by the following conditions of this consent.

Plan No. Issue Title Drawn by Dated

A105 G Floor p lans proposed

Bernard Gomm and Associates 19 May 2015

A107 G Elevations proposed

Bernard Gomm and Associates 19 May 2015

A108 G Site plan proposed Bernard Gomm and Associates 19 May 2015 A109 G Section 1 , 2

Proposed Bernard Gomm and Associates 19 May 2015

A121 D Landscape Proposed

Bernard Gomm and Associates 16 April 2015

A124 E Cross Section 1 Bernard Gomm and Associates 16 April 2015

(Reason: To ensure that the form of t he de velopment unde rtaken i s i n accordance with the determination of Council, Public Information)

Plans on Site A2. A c opy of a ll s tamped a pproved pl ans, s pecifications a nd doc uments ( including the

plans, specifications and documents s ubmitted a nd a pproved w ith t he C onstruction 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 e nsure t hat t he form of t he de velopment unde rtaken i s i n

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

ATTACHMENT TO IPP07 - 3/06/2015

33 MCDOUGALL STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 11/15 Page 2 of 21

September 2013 v1

No Demolition of Extra Fabric A3. Alterations to, and demolition of the e xisting bui lding s hall be limite d 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). Heritage requirements C1. To maintain the heritage significance of the dwelling and to ensure only contributory

works a re unde rtaken t o t he dw elling, t he f ollowing restrictions are placed on this consent:

1. No c onsent i s g ranted a nd/or i mplied f or a ny extension to the existing front

balcony and/or front window on Level 1 of the dwelling. 2. The front boundary fence must be constructed of either steel palisade or wrought

iron. No consent is given and/or implied for tubular sections of fence. 3. The stained glass window within the existing l iving r oom on L evel 1 m ust be

salvaged for resale or reuse. 4. The proposed roofing material over the rear of the dwelling must be one of the

following: a. Wide pan (minimum 425 mm), b. Standing/rolled seam; or c. Corrugated roof sheeting.

The C ertifying A uthority m ust e nsure t hat t he bui lding pl ans a nd specifications

submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: The proposed works are not considered contributory and are contrary to

Council’s Heritage Controls) Dilapidation Report Damage to Public Infrastructure

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

a s uitably qua lified c onsultant w hich de tails t he pr e-developed c ondition of t he existing publ ic inf rastructure in the vicinity of the de velopment s ite. Particular attention must be paid to a ccurately r ecording a ny pr e-developed damaged areas s o that C ouncil i s f ully i nformed w hen a ssessing a ny da mage t o publ ic i nfrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted t o t he C ertifying A uthority f or a pproval pr ior t o t he i ssue of a ny Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of t he s ite, where such damage i s not accurately r ecorded and demonstrated as pr e-existing under the requirements of this condition.



September 2013 v1

The de veloper s hall be ar t he c ost of c arrying out works to restore all public infrastructure da maged as a r esult of t he carrying out of the de velopment, a nd no occupation of the de velopment s hall oc cur unt il da mage c aused a s a r esult of t he carrying out of the development is rectified. A c opy of t he di lapidation s urvey a nd r eport must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of publ ic i nfrastructure pr ior t o t he

commencement of construction) Dilapidation Report Private Property (Excavation) C3. A f ull di lapidation s urvey a nd r eport on t he vi sible a nd s tructural condition of all

neighbouring s tructures w ithin t he ‘ zone of i nfluence’ of the required excavations must be submitted to the Certifying Authority for approval pr ior to the issue of any Construction Certificate. The zone of i nfluence i s t o be de fined a s t he hor izontal distance from the edge of the excavation face to twice the excavation depth.

The dilapidation report and survey is t o be pr epared by a c onsulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.

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

In t he e vent t hat a ccess f or unde rtaking t he di lapidation s urvey i s de nied by a n adjoining ow ner, t he a pplicant M UST D EMONSTRATE, i n w riting, t o t he satisfaction of Council that all reasonable steps have been taken to obtain access and advise t he a ffected property owner of t he r eason for t he survey and that these steps have f ailed. W ritten c oncurrence m ust be obt ained f rom C ouncil i n such circumstances.

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

the de veloper or a ffected pr operty ow ner t o a ssist i n a ny a ction r equired to resolve a ny di spute ove r da mage t o a djoining 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)



September 2013 v1

Dilapidation Survey Private Property (Neighbouring Buildings) C4. A photographic survey and dilapidation report of adjoining properties No’s. 31 & 35

McDougall Street and No’s 24 and 26 Winslow Street 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 t o t he C ertifying A uthority f or a pproval pr ior t o t he i ssue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person a greed t o by bot h t he a pplicant a nd t he ow ner of t he a djoining property. A c opy of t he r eport i s t o be pr ovided t o C ouncil, i f C ouncil i s 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 t he e vent t hat a ccess f or unde rtaking t he photographic survey and dilapidation report i s de nied by a n a djoining ow ner, the applicant MUST DEMONSTRATE, in writing, to t he s atisfaction of C ouncil t hat a ll r easonable s teps ha ve be en t aken t o obtain access and advise the affected property owner of the reason for the survey and that t hese s teps ha ve f ailed. W ritten c oncurrence m ust be obtained from Council in such circumstances.

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

an a pplicant or a ffected pr operty ow ner t o assist in any action required t o resolve a ny di spute ove r da mage t o a djoining 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)

Structural Adequacy of Adjoining Properties – Excavation Works C5. A report prepared by a n a ppropriately qua lified a nd pr actising s tructural e ngineer

detailing the structural adequacy of adjoining properties No’s. 31 a nd 35 M cDougall Street and No’s 24 and 26 W inslow Street, which certifies their ability to withstand the proposed e xcavation a nd out lines a ny m easures r equired t o be i mplemented t o ensure that no damage will occur t o a djoining pr operties dur ing t he c ourse of t he works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures out lined i n t he c ertified r eport m ust be complied with at all times.

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

in close proximity during excavation works)



September 2013 v1

Structural Adequacy (Semi Detached and Terrace Buildings) C6. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining properties No’s. 31 and 35 McDougall Street which c ertifies t heir a bility t o w ithstand t he pr oposed w orks a nd out lines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of t he w orks, m ust be s ubmitted t o t he C ertifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

Under no c ircumstances s hall t he pa rty or c ommon w all be extended or altered without the prior written consent of the adjoining owner. A ny such extension of the party wall shall be noted on title by w ay of a ppropriate e asement or S ection 88B instrument.

(Reason: To e nsure t he pr otection a nd s tructural i ntegrity of adjoining

properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C7. A r eport pr epared by a n a ppropriately qua lified a nd practising structural engineer,

certifying t he s tructural a dequacy of t he pr operty a nd i ts ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to t he C ertifying A uthority f or a pproval pr ior t o i ssue of a ny Construction Certificate. The c ertified report mus t a lso include all details of the methodology t o be e mployed in c onstruction pha ses t o a chieve t he a bove 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)

Sediment Control C8. 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 i n accordance w ith the publication M anaging U rban S tormwater: 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 dr ainage t o pr otect a nd dr ain t he s ite dur ing t he c onstruction

processes; b) All sediment control devices, barriers and the like;



September 2013 v1

c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and pr ogramme of t he s equence of t he s ediment a nd e rosion

control works or devices to be installed and maintained. f) Methods for the t emporary a nd c ontrolled di sposal of s tormwater dur ing

construction.

All w orks m ust be unde rtaken i n a ccordance w ith t he a pproved Sediment Control plan. The Certifying Authority must ensure t hat t he bui lding pl ans a nd s pecifications submitted, referenced on a nd accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To pr otect t he e nvironment f rom t he e ffects of s edimentation a nd

erosion from development sites) Waste Management Plan C9. A Waste Management Plan is to be submitted for approval by the Certifying Authority

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

a) The e stimated vol ume of w aste a nd m ethod of disposal for the construction

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

construction process.

The approved Waste Management Plan must be c omplied with at a ll time s in the carrying out of the development. (Reason: To encourage the minimisation of w aste a nd r ecycling of bui lding

waste)

Colours, Finishes and Materials (Conservation Areas) C10. The f inishes, materials and exterior c olours s hall be c omplementary to the

architectural s tyle of the or iginal building and sympathetic to t he c haracter of t he Conservation A rea. A s chedule of f inishes, m aterials a nd e xternal c olours s hall be submitted t o t he C ertifying A uthority f or a pproval pr ior t o t he i ssue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of thi s condition prior t o the release of the Construction Certificate. (Reason: To ensure t hat t he c ompleted c olours, f inishes a nd m aterials a re

complementary to the Conservation Area.)



September 2013 v1

Roofing Materials - Reflectivity C11. Roofing ma terials mus t be factory pre-finished with low g lare a nd reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be s ubmitted t o t he C ertifying A uthority f or a pproval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and s pecifications s ubmitted, r eferenced on a nd a ccompanying t he issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure t hat ex cessive g lare or r eflectivity nui sance f rom r oofing

materials does not occur as a result of the development) Stormwater Management and Disposal Design Plan – Construction Issue Detail C12. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified hydraulic 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 g uidelines, s uch a s A S/NZ 3500.3.2003, National Plumbing and Drainage Code.

b) c) Stormwater runoff and subsoil drainage generated by the approved alterations and

addition must be conveyed in a controlled manner by gravity to existing system on site that discharges to Council’s kerb in McDougall Street.

No works on Council land regarding storm water drainage.

d) The stormwater drainage system s hall be de signed for an average r ecurrence interval (A.R.I.) of 1 in 20.

e) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.

f) Surface inlet pits must be located to catch surface flows, and must be provided at all pipe junctions, changes in pipe direction exceeding 45 de grees and at the site boundary (within the property) prior to connection to the public drainage system and must be of sufficient size to accept the flow.

g) All sub-soil seepage drainage shall be discharged via a suitable s ilt arrester pit. Sign must be installed adjacent to pit stating “This sediment /silt arrestor pit shall be r egularly i nspected and cleaned

h) Prevent any stormwater egr ess into adjacent properties by cr eating phy sical barriers and surface drainage interception.

”. Details of a ll pl ans c ertified as be ing adequate f or t heir i ntended pur pose a nd c omplaint w ith the pr ovisions of A S 3500.3.2 by an appropriately qua lified a nd pr actising c ivil e ngineer s hall be submitted with the application for a Construction Certificate.

Details demonstrating compliance are to be s ubmitted with the C onstruction Certificate.



September 2013 v1

The C ertifying A uthority is suing the C onstruction Certificate mus t e nsure that the approved dr ainage pl an a nd s pecifications, satisfying the r equirements of t his condition, is referenced on and accompanies the Construction Certificate.

(Reason: To e nsure c ontrolled s tormwater m anagement a nd di sposal without

nuisance) Bond f or D amage an d C ompletion of I nfrastructure Wor ks – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C13. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be pr ovided t o C ouncil t o t he s um of $ 4,000 to be held by C ouncil f or t he payment of cost for any/all of the following: a) making good any damage caused t o a ny pr operty of t he Council as a

consequence of the doing of anything to which this consent relates, b) completing a ny publ ic w ork ( such a s r oad w ork, kerbing and guttering,

footway c onstruction, s tormwater dr ainage 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 f inal O ccupation C ertificate or c ompletion of publ ic w ork r equired t o 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 t he publ ic r oad a ssociated w ith t he de velopment a re t o a n 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 f or w orks on publ ic l and a nd a n

appropriate quality for new public infrastructure)


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September 2013 v1

Tree Bond for Public Trees C14. Prior to the issue of any construction certificate, security in the sum of $2,000.00 must

be pr ovided t o C ouncil for t he pr otection of t rees i n publ ic pl aces, i ncluding t he making good of any damage caused to such t rees. The security i s to be provided in accordance with the Schedule below.

The security must be provided by way of: • a deposit with the Council; or • a guarantee satisfactory to Council (such as a bank guarantee with no expiry

date). The security will be refundable following the expiration of 6 months from the issue of any f inal O ccupation C ertificate but onl y upon inspection and release by Council's Landscape Development Officer.

If either tree is removed or da maged C ouncil m ay de duct f rom t his s ecurity t he reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work. In the case of any tree, which cannot be replaced with a similar specimen, the security for t hat t ree w ill be f orfeited t o C ouncil a nd us ed t o pr ovide r eplacement s treet plantings. SCHEDULE

• 2 x Jacaranda Trees growing in the verge area of the footpath outside the property

(Reason: Protection of e xisting e nvironment publ ic infrastructure, community

assets and significant trees) Asbestos Material Survey C15. A report must be prepared by a s uitably qua lified pe rson i n r elation t o t he e xisting

building f abric t o be de molished a nd/or di sturbed i dentifying t he 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 m ust be unde rtaken by a W orkCover l icensed

contractor; b) all r emoval m ust be i n strict accor dance w ith the r equirements of the

WorkCover Authority in relation t o t he r emoval, ha ndling a nd di sposal of material containing asbestos and any Work Safe Australia requirements.



September 2013 v1

c) during t he r emoval of a ny a sbestos a s ign s tating “DANGER AS BESTOS REMOVAL IN PROGRESS” must be e rected in a vi sible pos ition 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 r eport m ust be s ubmitted t o t he C ertifying A uthority f or a pproval pr ior t o t he issue of any Construction Certificate. The Certifying Authority must ensure that the report, a nd ot her pl ans, r eferenced on a nd a ccompanying t he 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 C16. 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 ($) Street Tree Bond Drainage Damage Bond Footpath Damage

$2,000.00 $500.00

$3,500.000 TOTAL BONDS $6,000.00

(Reason: Compliance with the development consent)

BASIX Certificate C17. 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. (A204568) for the development are fulfilled. Plans and specifications complying with this condition must be s ubmitted to the C ertifying A uthority f or approval prior to the issue of any Construction Certificate. The Certifying Authority must e nsure t hat t he building plans and specifications submitted, r eferenced on a nd accompanying t he i ssued C onstruction C ertificate, f ully s atisfy t he r equirements of this condition. (Reason: To ensure the proposed de velopment w ill m eet t he G overnment’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. T he Policy is to note, and provide protection/full indemnification f or N orth S ydney C ouncil, a s a n i nterested pa rty. A copy of the Policy must be submitted to Council pr ior t o c ommencement of a ny w orks. T he Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications f or hoa rding pe rmits, ve hicular c rossings e tc w ill require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any c laim 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 pr ior to the

commencement of any building work, demolition or excavation) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A c igarette but t r eceptacle i s t o be pr ovided on t he s ite f or the duration of

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

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

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

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road s houlder or ke rbside l ane i s pr ohibited without the pr ior w ritten 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 ke rbside pa rking pr ovisions a re not

compromised during works)



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

in a safe condition at all times during the course of the development works, with no obstructions caused to t he s aid f ootways a nd r oadways. C onstruction m aterials a nd plant m ust not be s tored i n t he r oad r eserve without approval of C ouncil. A s afe pedestrian circulation route a nd a pa vement/route f ree of t rip ha zards m ust be maintained at all times on or adj acent t o any publ ic acces s w ays f ronting t he construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance w ith AS1742-3 ( 1996) “ Traffic C ontrol Devices for Work on R oads”. If p edestrian ci rculation i s n ot s atisfactorily maintained across the s ite f rontage, and action i s not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Temporary Disposal of Stormwater Runoff E4. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with t he e rosion and sediment controls on t he s ite. Immediately upon completion of any impervious areas on t he s ite ( including roofs, dr iveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably m anage a nd c ontrol r unoff a s f ar a s t he approved poi nt of s tormwater di scharge. S uch ong oing m easures m ust be t o the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Removal of Extra Fabric E5. Should a ny por tion of t he e xisting bui lding, t rees, 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. N o work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.

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



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Dust Emission and Air Quality E6. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering a nd leaving the s ite w ith soil or f ill ma terial mus t be

covered. (c) Dust s uppression m easures m ust be c arried out to minimise w ind-borne

emissions i n a ccordance w ith t he N SW 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 E7. The works m ust be unde rtaken i n a ccordance w ith t he “ Interim C onstruction N oise

Guideline” publ ished by t he N SW E nvironment P rotection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E8. 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) No Removal of Trees on Public Property E9. All care shall be taken to ensure that the two Jacaranda Street Trees growing outside

the property are not damaged by the removal of and delivery of building material from to the site or the storage of building materials on Councils Footpath. (Reason: Protection of existing environmental i nfrastructure a nd c ommunity

assets)

Special Permits E10. Unless otherwise specifically a pproved i n w riting by C ouncil, a ll w orks, pr ocesses,

storage of m aterials, l oading a nd unl oading a ssociated w ith the development must occur entirely on the property.



September 2013 v1

The de veloper, ow ner or bui lder m ay a pply f or s pecific pe rmits a vailable f rom Council’s Customer Service Centre f or t he unde rmentioned a ctivities on C ouncil’s property. I n t he e vent t hat a pe rmit i s g ranted by C ouncil f or t he c arrying out of works, processes, storage of m aterials, l oading a nd unl oading a ssociated w ith t he development on Council's property, t he de velopment m ust be c arried out i n accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -

1) On-street mobile plant

Eg. c ranes, c oncrete pum ps, c herry-pickers, etc. - restrictions a pply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

2) Hoardings

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


3) Storage of bui lding materials an d bui lding waste containers (skips) on

Council’s property

Permits to utilise C ouncil pr operty f or the s torage of bui lding ma terials a nd building w aste c ontainers ( skips) a re r equired f or e ach l ocation. F ailure to obtain the relevant pe rmits w ill r esult in the bui lding ma terials or bui lding waste containers (skips) being i mpounded by C ouncil w ith no a dditional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is dr awn to the e xisting ke rbside restrictions adjacent to the development. Should a lteration of existing kerbside restrictions be required, or the provision of a construction z one, t he a ppropriate a pplication m ust be made and the fee paid t o C ouncil. A lternatives t o s uch r estrictions m ay require r eferral t o Council’s T raffic C ommittee and may t ake cons iderable time to be resolved. An earlier a pplication i s s uggested t o a void de lays i n construction programs. (Reason: Proper management of public land)



September 2013 v1

Construction Hours E11. 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 s tructure, c ladding, external f inish, formwork, f ixture, f itting of service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition w orks” m eans a ny physical a ctivity t o t ear dow n or break up a

structure (or pa rt t hereof) or surface, or t he l ike, and includes t he 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, e xcavators, l oaders, or t he l ike, r egardless of whether the activities di sturb or a lter the na tural s tate of the existing ground stratum or are breaking up/removing materials from the s ite and includes the unloading of plant or machinery associated with excavation work.

All bui lders, e xcavators m ust di splay, on -site, their tw enty-four (24) hour c ontact telephone num ber, w hich i s t o be c learly vi sible a nd legible from any public place adjoining the site.

(Reason: To e nsure t hat w orks do not interfere with reasonable amenity

expectations of residents and the community) Installation and Maintenance of Sediment Control E12. Erosion a nd s ediment c ontrols must be ins talled and maintained at a ll time s in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion a nd s ediment measures m ust be m aintained in accordance w ith the publication M anaging U rban S tormwater: S oils & C onstruction (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)



September 2013 v1

Sediment and Erosion Control Signage E13. 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 m aintained. A s ign of t he t ype r eferred t o i n t his c ondition i s a vailable f rom Council.


erosion from development sites) Site Amenities and Facilities E14. Where work involved in the erection and demolition of a building is being carried out,

amenities w hich s atisfy a pplicable oc cupational he alth a nd s afety a nd construction safety r egulations, i ncluding a ny WorkCover Authority r equirements, m ust be provided and maintained at all times. The type of work place determines the type of amenities required.

Further i nformation a nd de tails c an be obt ained f rom t he I nternet at www.workcover.nsw.gov.au

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

site) Health and Safety E15. All work undertaken must satisfy applicable oc cupational he alth a nd s afety a nd

construction safety regulations, including any WorkCover Authority requirements to prepare a he alth 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 t he

site) Prohibition on Use of Pavements E16. Building materials m ust not be pl aced on C ouncil's f ootpaths, r oadways, pa rks 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)



September 2013 v1

Plant & Equipment Kept Within Site E17. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, l ifts, 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 r equirements f or pe rmits on publ ic l and f or s tanding pl ant, hoardings, s torage of materials and construction z ones and the l ike a re available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)

Waste Disposal E18. All r ecords de monstrating t he l awful di sposal of w aste m ust be r etained a nd ke pt

readily a ccessible f or i nspection by r egulatory a uthorities s uch a s North Sydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)

F. Prescribed Conditions i mposed u nder E P&A A ct an d R egulations an d ot her

relevant Legislation

Building Code of Australia F1. All bui lding work must be carried out i n a ccordance w ith t he pr ovisions of t he

Building Code of Australia.

(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions pr ovided in the H ome B uilding A ct 1989) f or w hich t he 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 de velopment t o w hich t he w ork r elates ha s 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 pr incipal contractor i s 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


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September 2013 v1

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

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

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

2) If a rrangements f or doi ng r esidential bui lding w ork a re c hanged while the work i s i n pr ogress s uch t hat t he i nformation s ubmitted to Council in accordance with this conditions is out of date, work must cease and no further work m ay be c arried out unl ess t he P rincipal C ertifying 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 i ssued f or t he pur poses of t hat P art i s, 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 c ommenced unt il t he developer has a ppointed a P rincipal C ertifying Authority for the bui lding work in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appr opriate s afeguarding m easures ar e i n place

prior to the c ommencement of a ny bui lding w ork, de molition or excavation)

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

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

(Reason: Statutory; To ensure appr opriate s afeguarding m easures ar e i n place

prior to the c ommencement of a ny bui lding w ork, de molition or excavation)



September 2013 v1

Occupation Certificate F5. A person must not commence occupation or use of t he whole or any pa rt 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) 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 i ts Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Excavation/Demolition F7. 1) All excavations and backfilling associated with the erection or demolition of a

building m ust be e xecuted s afely a nd i n a ccordance w ith a ppropriate professional standards.

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

be pr operly guarded a nd pr otected t o pr event t hem f rom be ing da ngerous t o life or property.

3) Demolition work must be unde rtaken i n a ccordance w ith t he pr ovisions of

AS2601- Demolition of Structures.

(Reason: To e nsure t hat w ork i s unde rtaken i n a professional and responsible manner a nd pr otect a djoining pr operty and pe rsons f rom pot ential damage)

Site Sign F8. 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 t he na me of t he pr incipal c ontractor ( or person in charge of the work site), and a telephone num ber a t w hich t hat pe rson m ay be contacted at any time for business purposes and outside working hours; and



September 2013 v1

c) showing t he na me, a ddress a nd t elephone num ber of t he 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 a ny a nd a ll w orks r elating t o t he

development:

a. 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, de livery ve hicles, w aste c ollection, c ontractors, s ub c ontractors, concrete ve hicles) m ust be f ully r epaired t o t he s atisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)

Damage to Adjoining Properties G2. All precautions must be taken to pr event a ny da mage l ikely t o be s ustained t o

adjoining properties. Adjoining ow ner pr operty r ights a nd t he ne ed f or ow ner’s permission m ust be obs erved a t a ll t imes, i ncluding t he e ntering ont o land f or t he purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G3. All utility services shall be adjusted, to the correct levels and/or location/s required by

this c onsent, pr ior t o i ssue of a n oc cupation c ertificate. T his s hall be a t no c ost t o Council.

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

Asbestos Clearance Certificate G4. For building works where asbestos based products have been removed or altered, an

asbestos cl earance cer tificate s igned by an appropriately qualified person (being an Occupational H ygienist or E nvironmental C onsultant) m ust be s ubmitted t o and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work pr ior t o t he i ssue of a ny O ccupation Certificate, the asbestos clearance certificate must certify the following: -



September 2013 v1

a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.

The certificate must a lso be a ccompanied by tippi ng r eceipts, which detail tha t a ll asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the c ertificate mus t ide ntify the ty pe, location, use, condition and amount of such material. Note: F urther de tails of l icensed asbestos w aste di sposal f acilities can be obtained

from www.epa.nsw.gov.au (Reason: To ensure that building works i nvolving a sbestos ba sed pr oducts a re

safe for occupation and will pose no health risks to occupants) BASIX Completion Certificate G5. In a ccordance w ith C lause 154C of t he Environmental Planning and Assessment

Regulation 2000, pr ior t o i ssuing a f inal oc cupation c ertificate t he C ertifying Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate) Compliance with Certain conditions G6. Prior to the i ssue of any O ccupation Certificate Condition C 1 must be cer tified as

having been implemented on site and complied with.

(Reason: To ensure the development is c ompleted i n a ccordance w ith t he requirements of this consent)

I. On-Going / Operational Conditions Non trafficable roof I1 With the exception of the Juliette balcony a t the rear of Level 2, t he roof area must

remain non trafficable with only maintenance work permitted. (Reason: To maintain residential amenity with surrounding properties


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14.9

29.1 30.5

29.8

29.1

26.3

18.5

17.8

14.5

25.4

21.6

8.0

11.0

25.3

34.2

30.7

23.0

18.3

11.8

11.0

17.6

24.3

20.0

11.6

20.0

10.5

11.5

10.6

12.5

12.4

8.6

41.9

8.9

9.9

20.2

45.7

16.4

95.8

14.4

13.6

15.9

17.2

21.1

19.4

21.6

21.9

20.1

21.7

23.7

15.0

16.6

21.4

19.9 21.7

25.6

15.2

14.2

14.7

14.2

13.813.8

7.9

25.6

8.4

14.3

6.4

9.3

18.8

16.9

18.9

17.8

18.8

30.7

23.6

23.6

29.927.9

25.4

24.4

27.0

23.9

21.5

27.8

23.4

28.1

28.0

28.7

30.5

18.8

22.7

26.4

29.5

47.5

47.7

29.5

29.9

29.2

9.9

23.5

10.3

9.3

24.5

9.7

11.2

14.8

9.6

9.3

28.3

29.5

32.1

STREET

MILSO

NS POINT STATIO

NENNIS RO

AD

McDOUGALL

ENNIS (Pathw

ay) LANE

HIGH S T RE ET RE S ERVE

GREENW

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(Private Road)

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PILE

CLARK

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WIN

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STRE

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WIN

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ST R

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STREET

PLACE

HIPW

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STREET

MILSO

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K

CARABELLA

BRADLY AVENUE

WINS LOW LANER OAD CLOS URE

STREET

HIGH

KIARA CLOSE

(Private Road)

ADDERSTONE

MISS GLADYS CAREY RES ERVE

STREET

WRIXT ON PARK

AVENUE

STANNARDS

30

100

(98)94-96

88

74-80

7068

52

41

44

28

22(20A)

18-20(12C

)16

14

12A

12

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(10A)

10B

10(4 A)

86

42

53-5

557

5 9

51

6163

65- 6

76 9

717 3

757 7

102

104

106

29

108

7

110

34

9

53

11

1

20

27A

18

13

1614

22

15

12

27

10

24

86

25

26

40

2

32

23

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5

21

37

7-9

35

3311-17

31

19

27

19

25

2123-25

23

27-29

21

3133

19

30

217

35-37

4

17

15

6

103

8

105

107

44101

99

109

97

40

95

45

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28

9391

8987

858 3

8 1

26

79

2

4

6

1

50

48

55

46

49-51

4442

52

40

49

38

51

36

5355

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32

59

30

14

57

16

28

12

44

26

10

50

8

54

46

39

10

10098

48

12

96

29

94

44

(14-24)

92

14

41

4

90

16

43

31

31

43A

18

88

1

33

45

85

149

68

35

50

147

47

37

(18A

)

145

70A

3-5

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39

52

70B

49

141

78

139

70C

1

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(3)

137

76

41

51

54

72

135

5

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53

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6

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72A

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62

111

113(50)

113A

115

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121-123 22

125 24

127 26

12928

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30

43

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5553

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(80)

78

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55

1

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10

12

1423

3 16

4

5 18

734 20

(9) 22

36

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9 22A

2432

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(9A)38

(9B)28

(9C)

26

15 (9D)

24

1

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96

22

98A98

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115 110

112119114

121 114A

1161238

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92

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1

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SP 61694SP 74179SP 84234

499547

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SP 56293SP 58624SP 61951

2

743859

Pt 18

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1

873687

Bradfi eld Park

Com

mun ity C

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(Lease - for Valuation purposes only)

(Le ase - for Valuat ion purp ose s only)

26

849663(in stratum)

(Le ase - for Valuat ion purp ose s only)

Bay 28

Bay 27

Bay 26

Bay 25

1 00 748442

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( in st ra tum)

1

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184453

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Bay 24

33618915

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Pt 139958

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121

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1 89 1

61

26

849663(in stratum)

Pt 3

9

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Pt 1

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560565

SP 5

937

SP 60522

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B ay 44(Lea se - for V aluatio n purp oses o nly)

Bay 43

1

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SP 5

577

Bay 42Bay 41

B ay 40Bay 39

(Lea se - for V alu atio n purp oses o nly)

SP 2

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Bay 38

Bay 37Bay 36

Bay 35

SP 1

4507

828060

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SP 8

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(Lea se - for Valu atio n purp oses o nly)

Bay 33

40

Bay 32

81

Bay 31

218808

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Bay 30

Bay 29

SP 6

319

4

A

4349

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6

Greenway Flats

SP 8

2081

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601664

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32291

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SP 1121

211

224859

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SP 11220

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SP 8461SP 55509

4

5

2

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SP 4199

2

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SP 10193

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Pt 14

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SP 4

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Sec 711

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SP 2

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27

16

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Sec B

SP 32094

17

2

28A

1

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1078553

1537

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445711

30

7350

80

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B

4

Sec B

31

2

2

21

32

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6564

62

1537

Sec B

22

331537

A

34

4

15

1182678

8153

41

B

100

3

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329

6

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2

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0

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1

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57

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SP 7892

2

SP 7740

6

SP 6186

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SP 8595

SP 2183

5

SP 2243

0

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SP 9300

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30

1

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SP 6107

SP 1196

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SP 31

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SP 2180

3

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1

1

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1

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SP 3195

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1

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SP 42744SP 68129

1993

99

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31

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SP 3

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SP 47972

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9

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313538

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4

SP 9

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948337

2

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198296

32

1

1

SP 10911

3538

115096

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3

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SP 3013SP 12251

SP 45103SP 45443

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1932

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SP 621

2

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344173

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16

SP 9293

5

3

2

1

1

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SP 9890

773343

5590

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207

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1

11

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(Lease

- for V

a luati o

n purpo

ses on ly)

12

SP 1158

5

CONCRETE STORMW

ATER CHANNEL

22

1

12

SP 8711

23

7332

(Lease

- for

Valua ti on

purpose

s on ly)

9090

65

1133455

82

11

1158203

21

SP 57236

579734

872160

2414085

11

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65

1

1

SP 82801

7890

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purposes only)

2

(Lease

- for V

alua tio

n purp

oses only

)

32675914085

SP 1147

7

20

CT 2

8

176777

11

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200214

(Lease

- for

Val ua tio

n purpo

ses onl y

)

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Pt 5

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1046761

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CLOSE

D RO

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CT 1

0

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101

1

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(Lease

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a luatio

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ses only )

1047

216

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purposes only)

1

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22

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Pt 5

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03


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.

CLAUSE 4.6 EXEMPTION(HETGHT OF BUTLDINGS) PURSUANT TO

NORTH SYDNEY LEP 2013

To accompany a Development Application for

Alterations and Additions at:

33 McDOUGALL STREET

KIRRIBILLI, NSW

May 2015

1

ATTACHMENT TO IPP07 - 3/06/2015 Page 49

VARIATION SOUGHT

Permissible Height

Pursuant to Clause 4.32(28) the maximum height of a building on land in the R2 Low DensityResidential Zone, with a site area of less than 230 square metres (excluding the area of anyaccess handle, access way or right of carriageway) must not exceed 5.5m.

Existing Height

The existing building has a building height of 9.03m to existing front ridge and 5.7m at the rearflat roof.

Proposed Height

The existing front ridge will remain at 9.03m.

The proposed rear roof will match the existing at 5.7m high to falls.

CLAUSE 4.6 EXCEPTIONS TO DEVELOPMENT STANDARDS

The objectives pursuant to Clause 4.6 of North Sydney LEP 2013 are as follows:

(a) To provide an appropriate degree of flexibility in applying certain developmentstandards to particular development.

(b) To achieve better outcomes for and from development by allowing flexibility inparticular circumstances.

Clause 4.6(23) further states that the written request must demonstrate the following:

(a) "that compliance with the development standard is unreasonable or unnecessary inthe circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening thedevelopment standard"

ln demonstrating compliance with Clause 4.6(3Xa) the non-compliance with thenumerical requirement of the development standard is to be considered on its merits.It is considered that an application may be varied if it satisfies the underlying planningobjective or purpose behind that development standard. The specific objectives ofClause 4.3 (Height of buildings) in North Sydney LEP 2013 are as follows:

(a) "to promote development that conforms to and reflects natural landforms by steppingdevelopment on sloping land to follow the natural gradient.

(b) to promote the retention and, if appropriate, sharing of existing views.

(c) to maintain solar access to existing dwellings, public reserves and streets, and topromote solar access for future development.

(d) to maintain privacy for residents of existing dwellings and to promote privacy forresidents of new buildings.

2


(b)

(c)

(d)

(e) to ensure compatibility between development, particularly at zone boundaries.

(f) to encourage an appropriate scale and density of development that is in accordancewith, and promotes the character of, an area"

Consideration of each objective follows below:

(a) to promote development that conforms to and reflects natural landforms, bystepping development on sloping land to follow the natural gradient.

The site rises up from the street and the rear garden is stepped up toward the rearfence. There wìtt Ue some excavation at the rear but this will bring levels to coincidewith the existing levels on either side of adjoining properties. The proposed addition is

consistent withltreetscape character and the topography, and will conform withadjoining properties.

to promote the retention and, if appropriate, sharing of existing views

The addition at the rear maintains existing views and the configuration is in keeping in

general with the rear yards of adjoining properties.

to maintain solar access to existing dwetlings, public reserves and streets, andto promote solar access for future development

It is important to note that the height non-compliance in itself is not directlyresponsible for the overshadowing but rather the overshadowing is a factor of thenature of terrace houses.

The proposed flat roof form at the rear is conducive to providing the maximum amountof sunlight and ambient light into the garden areas.

to maintain privacy for residents of existing dwellings and to promote privacyfor residents of new buildings.

There needs to be a balance between maintaining privacy for the future residents andneighbours as well as reasonable sharing of views. This is done through appropriatedesign.

The rear addition is similar to other rear configurations along the street.

The new massing lines up with No. 31 McDougall Street and presents windows to therear elevation. There are no privacy issues at ground floor level.

to ensure compatibility between development, particularly at zone boundaries,to encourage an appropriate scale and density of development that is inaccordance with, and promotes the character of, an area.

The subject site is not located on a zone boundary. The existing streetscape is

charactérised by two storey street facades. The proposal would not alter the overallheight of the subject dwelling as seen from the street.

There is no change to the existing roof form as seen from the street. The proposedrear addition would not be visible from the street. Due to the nature of the terrace

3

(e)


houses and the "close" living environment, it is considered appropriate to have a flatroof over the rear addition, in order to maintain sunlight access to adjoining properties'

The proposed development does not dominate the surrounding properties by virtue ofits bulk nor is it inconsistent with surrounding developments. Precedent exists withexisting rear built forms all having a building height of more than 5.5m. A similar scaleto adjoining and surrounding dwellings was adopted in the design.

Accordingly notwithstanding the non-compliance with the numerical standard the proposeddevelopment achieves the intent of the standard and thus the objection is well founded. Strictcompliance in the circumstances of this case is unnecessary and unreasonable in order toachieve the specified objectives and intent of the standard.

What are the environment planning grounds to iustify the variation?

It is considered that sufficient planning grounds exist pursuant to Clause 4.6(3Xb) to justifyvarying the maximum building height standard having regard for the following:

. consideration of the unique context of the site being a terrace style housing and not afree-standing dwelling ;o consistency with the scale and massing of adjoining existing developments;

o not dominating adjoining spaces; and¡ rìot adversely impacting on adjoining development by way of overshadowing, privacy

appearance, bulk or views.

ls the request well founded?

The objectives of the height standard are achieved by this proposal notwithstanding non-compliánce with the height standards. The underlying objective or purpose of the standard is

not directly relevant to the development and therefore compliance is unnecessary.

ls the proposal in public interest?

Subclause (4) of clause 4.6 of RLEP 2013 requires consideration of the proposal's consistencywith both the objectives of the standard and the objectives of the zone, which apply to the site.

Consistency with objectives of the standard is provided above. Consideration of consistencywith the objectives for the R2 Low Density Residential zone is addressed below:

o the proposal maintains a consistent scale with surrounding residential premises;o the proposal has no significant impact on the conservation of the heritage items and

other sensitive areas; and. the proposal result in no adverse amenity impacts on surrounding properties whilst

providing for good internal amenity for future occupants.

ln this case, the departure from the LEP height control as proposed by the application wouldresult in an outcome consistent with the zone objectives.

Matters of state or regional significance

There are no planning matters of state or regional significance that would result as aconsequence of this variation to the development standard.

4


The public benefit of maintaining the standard

There is no overt public benefit in maintaining strict compliance with the development standardgiven achievement of the development standard objectives and that there are no unreasonableimpacts that will result from the height exceedance. Accordingly, the benefits outweigh anydisadvantage and as such the proposed development will have an overall public benefit.

CONCLUSION

ln this instance it is considered that the objectives of Clause 4.3 (Height of buildings) andClause 4.6 (Exceptions to development standards) in North Sydney LEP 2013 are met by theproposed development as:

o the alterations and additions achieves a pleasant and attractive living environment forfuture occupants whilst not unreasonably impacting on the surrounding neighboursamenity;

. no unreasonable massing; the proposal is consistent with the surrounding properties;

. the proposal will result in the orderly and economic use and development of landpursuant to Section s(a)(ii) of the EP&A Act 1979 as the site is of an appropriate size,location and land use zoning to enable the proposed development; and

the proposed Height of Buildings variation is considered to have sufficient planning meritand justification as the objectives of the planning standard are met, with the resultingimpacts of the numerical non-compliance being considered to be negligible.

a

5


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