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Item ____IPP04_______ - REPORTS -______07/02/18_________
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 07/02/2018
Attachments:
1. Site Plan
2. Architectural Plans
3. Shadow Diagrams
4. Clause 4.6 Variation
ADDRESS/WARD: 97 Broughton Street, Kirribilli (V)
APPLICATION No: DA 297/17
PROPOSAL: Alterations and additions to an existing semi-detached dwelling
including internal alterations, ground and first floor rear additions,
a new dormer and a lower ground floor rear deck
PLANS REF:
Drawing Nos. Plan Description Date Drawn by Received
1618/01 B Site plan 18.12.17 Bawtree Design 19/12/17
1618/02 B Floor plans 18.12.17 Bawtree Design 19/12/17
1618/03 B First floor plan 18.12.17 Bawtree Design 19/12/17
1618/04 B S & W elevations 18.12.17 Bawtree Design 19/12/17
1618/05 B E elevation & sections 18.12.17 Bawtree Design 19/12/17
1618/19 B Landscape plan 18.12.17 Bawtree Design 19/12/17
OWNER: Kristin & Simon Griffith
APPLICANT: Kristin & Simon Griffith
AUTHOR: Robin Tse, Senior Assessment Officer
DATE OF REPORT: 30 January 2018
DATE LODGED: 23 August 2017
AMENDED: 19 December 2017
RECOMMENDATION: Approval
Report of Robin Tse, Senior Assessment Officer Page 2
Re: 97 Broughton Street, Kirribilli
EXECUTIVE SUMMARY
This development application seeks NSIPP approval for alterations and additions to an existing
semi-detached dwelling at No. 97 Broughton Street, Kirribilli including internal alterations,
ground and first floor rear additions, a new dormer and a lower ground floor rear deck.
The subject application is reported to North Sydney Independent Planning Panel for
determination due to public interest.
The notification of the original and amended proposals application has attracted a total of eight
(8) submissions from adjoining property owners raising concerns relating to the
adequacy/accuracy of the DA submission, extensive amenity impacts in terms of the loss of
privacy and shadowing impacts as well as construction management.
The subject site is zoned R3 (Medium Density Residential) which permits higher density
development. Furthermore, the site is located within a highly built up area with relatively small
lots and a diverse mix of built forms/architectural styles.
Consideration has also been given to the Clause 4.6 request for a variation to the LEP’s building
height development standard as submitted by the applicant. The variation to the building height
development standard is justifiable because the building elements above the LEP maximum
building height is unlikely to have an impact on the character of the locality and would not cause
material amenity impacts for the adjoining properties in terms of view loss, overshadowing or
privacy loss.
Various privacy protection devices have been proposed to minimise visual privacy impacts on the
adjoining property at No.95 Broughton Street. In addition, solar access to the lower ground floor
living room and the first floor kitchen windows is considered to be acceptable.
The issues raised in the submissions received have also been addressed in the report with the
imposition of appropriate conditions.
The proposal, as amended by the recommended conditions, is considered to be satisfactory
having regard to the relevant Environmental Planning Instruments, Development Control Plans
and Council policies and is therefore recommended for approval.
LOCATION MAP
ALFRED
ENNIS ROAD
ENNIS ( Pathw
ay) LANE McDOUGALL
GREENW
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(Private Road)
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Pt 5
7
2
Re: Page 3
Property/Applicant Submittors - Properties Notified
97 Broughton Street, Kirribilli - DA 297/17
Report of Robin Tse, Senior Assessment Officer Page 4
Re: 97 Broughton Street, Kirribilli
DESCRIPTION OF PROPOSAL
The applicant seeks approval for alterations and additions to an existing semi-detached dwelling.
The proposed works are summarised below:
LOWER GROUND FLOOR (FFL13.82/FFL14.10)
Internal alterations including demolition of existing internal walls to provide an open plan
kitchen, dining/living area, walk in pantry, a new laundry and new staircase to the upper
levels;
Fenestration changes including removal of existing windows and installation of new
windows and doors on the eastern and southern elevations;
Construction of a new timber deck at FFL 13.28 and associated privacy screens;
GROUND FLOOR (FFL16.83)
Internal alterations including demolition of internal walls and the removal of the existing
kitchen to provide two bedrooms, a bathroom and a staircase;
Construction of a 1m extension at the rear of bedroom 02 and a new rear deck with
privacy screens replacing the existing rear deck;
Relocation of the Broughton Street entrance gate;
FIRST FLOOR/ATTIC (FFL19.71)
A new first floor/attic addition including a new master bedroom with an ensuite
bathroom;
A new rear deck with associated privacy screens;
The proposal also includes landscaping works within the rear yard and the side building setback
area with new planting and ground surface treatments.
New timber deck
Site Plan
New dormer
Attic addition
95 Broughton St
99 Broughton St
Report of Robin Tse, Senior Assessment Officer Page 5
Re: 97 Broughton Street, Kirribilli
Figures 1 - 4 – Proposed Development
STATUTORY CONTROLS
North Sydney LEP 2013
Zoning – R3 – Medium Density Residential
Item of Heritage – No
In Vicinity of Item of Heritage – Greenway Flats Item No. 10187 directly opposite
Conservation Area – No
FSBL – No
Environmental Planning & Assessment Act 1979
SEPP 55 – Remediation of Land
SREP (Sydney Harbour Catchment) 2005
SEEP (Building Sustainability Index – BASIX) 2004
Ground Flr
Lower Ground Flr
First Flr/Attic
Southern Elevation
Western (Front) Elevation
New dormer New attic addition
New timber deck & Privacy screen
New dormer
G/F Bedroom addition
Eastern (Rear) Elevation
Ground Flr
Lower Ground Flr
First Flr/Attic
Report of Robin Tse, Senior Assessment Officer Page 6
Re: 97 Broughton Street, Kirribilli
Local Development
POLICY CONTROLS
NSDCP 2013
Figure 5: Zoning Map
Figure 6: Heritage Map
DESCRIPTION OF LOCALITY
The subject site is legally described as Lot 2 in DP 230982 also known as 97 Broughton Street,
Kirribilli. Existing on the site is a part 1, 2, 3 storey semi-detached dwelling with a primary
frontage to Broughton Street of 5.03m and a total site area of 149m2. To the north, south and east
of the subject site are other semi-detached dwellings. The dwelling is not a heritage item and/or a
contributory item and the subject site is not located within conservation area. To the east of the
subject site is Careening Cove Conservation Area (Figure 6).
Many of the semi-detached dwellings along Broughton Street have been heavily modified
including dormers on the front elevation and contemporary style rear additions with
balconies/terraces as shown in Figure 9.
Subject Site 95 Broughton St 99 Broughton St
Report of Robin Tse, Senior Assessment Officer Page 7
Re: 97 Broughton Street, Kirribilli
Figures 7 & 8 – Subject Site
Directly opposite is a heritage item known as the Greenway Flats being public housing that is
multi-storey building where many of the residents enjoy significant views of Sydney Harbour.
The site is also in close proximity to the Kirribilli Shopping Village and Milsons Point Railways
Station and the Harbour Bridge.
Figure 9 – The Locality
95 Broughton St 99 Broughton St
Subject Site
Rear (Eastern) Elevation
95 Broughton St
99 Broughton St
Subject Site 17 McDougall St
Greenway Flats
Report of Robin Tse, Senior Assessment Officer Page 8
Re: 97 Broughton Street, Kirribilli
RELEVANT HISTORY
Development History
On 10 September 2001 Council approved Development application no. 639/01 involving
alterations and additions to the existing dwelling including a dormer to Broughton Street and an
attic addition with a rear deck. The consent has lapsed and the approved works were never
constructed at the subject site.
Subject Development Application
25 August 2017 The subject development application was lodged with Council.
31 August 2017 The application was notified to adjoining properties and the Milson
Precinct for a fourteen (14) day period between 8 and 22 September
2017.
4 September 2017 Council requested additional information including a compliance
diagram (site coverage landscaped and unbuilt upon area) and a
stormwater concept plan.
29 September 2017 An inspection of the subject site was carried out by the Assessing
Officer.
6 October 2017 The Assessing Officer conducted an inspection of an adjoining
property to the south.
27 October 2017 An in-house meeting was held with the applicant to discuss Council’s
concerns including overshadowing, privacy loss, site coverage, bulk
and scale.
18 December 2017 The applicant submitted additional information including a current
survey, shadow diagrams and amended plans.
21 December 2017 The submitters were notified about the submission of amended plan
between 21 December 2017 and 19 January 2018. The key
amendments included a reduced height for the lower ground floor
timber deck and a reduction in the size of the ground floor rear
addition for bedroom 2.
REFERRALS
Building
The proposal would have to comply with the National Construction Code. A condition can be
imposed to ensure compliance (Condition F1).
Report of Robin Tse, Senior Assessment Officer Page 9
Re: 97 Broughton Street, Kirribilli
Heritage
Council’s Conservation Planner was consulted who raised no objection to the proposed
development given that the subject site is not a heritage item nor located within a conservation
area. Furthermore, it is also noted that many semi-detached dwellings along Broughton Street
have been heavily modified with contemporary style rear additions featuring modern materials.
Landscaping
The applicant submitted a landscape plan and this was referred to Council’s A/Landscape
Development Officer who raised no in-principle objection to the proposed landscape plan.
The landscape plan will provide an improved landscape setting with new soft landscaping
replacing hard paving within the rear setback.
A condition is recommended requiring the applicant to prepare a detailed landscape plan
including alternative screening planting along the southern property boundary at a maximum
mature height of 3m to provide appropriate visual privacy protection for No. 95 Broughton Street
and to maintain solar access to the rear yard of this adjoining property (Condition C1).
Engineering
Council’s Development Engineer who raised no in-principle objection to the proposed
development subject to the imposition of appropriate engineering conditions.
SUBMISSIONS
On 31 August 2017, Council notified the owners of adjoining properties and the Milson Precinct
for a 14 day period between 8 and 22 September 2017. The notification resulted in four (4)
submissions including two (2) submissions from one adjoining property.
Basis of Submissions
Loss of amenity arising from construction.
Construction should only be permitted on week days and not at the weekends.
No builder’s pets should be allowed on the site during construction.
Only one skip should be allowed to minimise the loss of on street parking.
Sound proofing should be applied to the common party wall.
A dilapidation report for No. 99 Brought Street should be completed prior to construction.
The laneway at the rear of the site should be kept clear at all times.
Loss of solar access.
Shadow diagrams do not clearly show the impacts on all adjoining properties.
Noise nuisance arising from the use of the new decks.
Loss of visual privacy to all living areas and two bedroom within an adjoining property to the east.
Detrimental impacts on the amenity of adjoining properties to the east in terms of visual privacy and
noise nuisance.
No provision for soft landscaping.
Concerns about stormwater drainage due to lack of soft landscaping.
Report of Robin Tse, Senior Assessment Officer Page 10
Re: 97 Broughton Street, Kirribilli
Basis of Submissions
The application is not accurate with many errors in the Statement of Environmental Effects.
Loss of solar access and natural daylight.
Loss of privacy.
Odour from the extractor fan in the kitchen.
Potential fire risk arising from the location of the gas hot water system and other mechanical devices.
Non-compliance with the LEP building height limit and setback requirements.
Excessive overshadowing due to the proposed works.
Shadow diagrams are inaccurate because they do not show all new structures and existing windows
on the adjoining property.
Independent shadow assessment requested.
Proposed windows would cause excessive overlooking of the adjoining property to the south.
A more detail survey should be submitted at 1:100, show all existing structures, show all trees
greater than 5m and/or with a canopy of 3m, location of all buildings/structures on adjoining land,
provide levels and details of easements and rights of way including common or party walls.
Floor plans are incomplete with no RLs and/or dimensions.
Sections are also incomplete with crucial elements not shown.
Photomontages are incorrect.
Window sill heights and height of privacy screens are not shown on drawings.
Floor levels and the roof have been raised resulting in additional overshadowing and visual privacy
impacts.
Potential heritage impact.
The alterations and additions would be discernible from the street.
The new first floor addition is not wholly contained within the existing roof space.
Loss of outlook to nearby vegetation.
The clause 4.6 variation is contestable.
The submitters were notified about the amended plans between 21 December 2017 and 19
January 2018. This notification has attracted four (4) submissions, including two (2) submissions
from the same property and a late submission, as summarised below.
Basis of Submissions
The amended plans do not resolve the concerns previous raised in terms of the loss of visual privacy
and noise nuisance.
The amended proposal would have detrimental impacts on the adjoining properties along McDougall
Street.
The amended plans have not addressed the adverse impacts on the amenity of the adjoining property
to the south in terms of privacy loss and overshadowing.
The proposed windows/doorways on all levels would cause significant overlooking of the internal and
external areas of the adjoining property to the south.
The kitchen and dining room windows within the adjoining property would cause overlooking onto
the proposed living/dining room.
The proposed hedge along the property boundary would not provide adequate privacy protection for
the adjoining property.
Report of Robin Tse, Senior Assessment Officer Page 11
Re: 97 Broughton Street, Kirribilli
Basis of Submissions
The lowering of the rear deck in the amended proposal would not address privacy concerns. This
deck should be lowered further.
The proposed structures and planting would cause more overshadowing of the adjoining property.
Inaccurate shadow diagrams and failure to take into consideration the shadowing impacts from nearby
structures and vegetation.
The existing timber deck at No.99 Broughton Street is unauthorised and cannot be used as a
precedent.
Noise nuisance from any mechanical devices (i.e. water heater/ventilating fans) along the side
boundary setback area.
All windows should be dimensioned.
There are extensive inconsistencies and omissions in the amended plans including lack of details and
inaccurate drawings.
Non-compliance with the height limit and setback controls.
Excessive overshadowing for the southern property arising from the proposed structures including the
privacy screens.
Inaccurate shadow diagrams.
Adverse visual privacy and noise impacts for the adjoining property to the south.
The proposed elevated rear deck would cause overlooking and additional overshadowing onto the
adjoining property to the south.
Unauthorised rear deck at No.99 Broughton Street should not be taken as a precedent.
The amended plans have not addressed the concerns raised in the previous submission relating to the
original proposal.
CONSIDERATION
The relevant matters for consideration under Section 79C of the Environmental Planning and
Assessment Act 1979, are assessed under the following headings:
SREP (Sydney Harbour Catchment) 2005
The subject site falls under the provisions of the SREP (Sydney Harbour Catchment) 2005
(gazetted on 28 September 2005). The subject property is not visible from the harbour and
located far enough away from the foreshores of Sydney Harbour so as not to cause a detrimental
impact upon water quality, marine life and/or aquatic vegetation.
SEPP 55 – Remediation of Land
The provisions of SEPP 55 require Council to consider the likelihood that the site has previously
been contaminated and to address the methods necessary to remediate the site. Council is
unaware of any contamination affecting the site, which would be likely to require remediation
resulting from this development proposal. Furthermore, the proposed modifications will not
involve any additional excavation or demolition. The requirements of SEPP 55 have been
satisfactorily addressed.
Report of Robin Tse, Senior Assessment Officer Page 12
Re: 97 Broughton Street, Kirribilli
SEPP (Building Sustainability Index: BASIX) 2004
The applicant has lodged a valid BASIX Certificate for the amended proposal that has been
included in the conditions of consent (Condition C16).
NORTH SYDNEY LEP 2013
Compliance Table
Principal Development Standards – North Sydney Local Environmental Plan 2013
Site Area – 149m²
Existing Proposed Control Complies
Clause 4.3 – Heights of Building 8.9m 8.9m 8.5m NO – Clause 4.6
Development
Standard Variation
received.
1. Permissibility within the zone
The subject site is zoned Residential R3 (Medium Density Residential) under the provisions of
the North Sydney Local Environmental Plan 2013 (NSLEP 2013).
The subject site is zoned R3 where proposals for alterations and additions to an existing semi-
detached dwelling for use as a single occupancy is permissible with development consent from
Council.
2. Zone Objectives
The planning objectives for an R3 (Medium Density Residential) zone are stated below:
To provide for the housing needs of the community within a medium density residential
environment.
To provide a variety of housing types within a medium density residential environment.
To enable other land uses that provide facilities or services to meet the day to day needs
of residents.
To encourage the development of sites for medium density housing if such development
does not compromise the amenity of the surrounding area or the natural or cultural
heritage of the area.
To provide for a suitable visual transition between high density residential areas and
lower density residential areas.
To ensure that a high level of residential amenity is achieved and maintained.
The proposed development generally supports the objectives of the zone for the reasons stated
throughout this report.
3. Building Heights
The maximum permissible building height for the subject site is 8.5m pursuant to Clause 4.3(1)
Report of Robin Tse, Senior Assessment Officer Page 13
Re: 97 Broughton Street, Kirribilli
of NSLEP 2013.
The height of the existing semi-detached dwelling at 8.9m breaches the LEP maximum building
height control. The height of the roof of the proposed first floor/attic addition at 8.9m would
breach the LEP building height control by up to 400mm as shown in Figure 10 below.
Figure 10 – Southern Elevation and LEP Building Height Control
The applicant has submitted a written request seeking a variation to the permissible building
height limit in accordance with Clause 4.6 of NSLEP 2013.
4. Clause 4.6 Exceptions to Development Standards
The proposed breach has been assessed against the requirements of Clause 4.6 of NSLEP 2013
and the objectives of the building height control. These matters have been considered below: -
Objectives of Building Heights:
(1)(a) To promote development that conforms to and reflects natural landforms, by
stepping development on sloping land to follow the natural gradient – The design
of the proposal generally respects the existing landform and would maintain a
stepped built form in line with the topography of the subject site towards the rear
(eastern) property boundary.
(1)(b) To promote the retention and, if appropriate, sharing of existing views - The
building elements in breach of the LEP building height limit would be the new
skillion roof over the new first floor addition.
8.5m
First Flr/Attic Addition
Bldg elements over 8.5m
Report of Robin Tse, Senior Assessment Officer Page 14
Re: 97 Broughton Street, Kirribilli
The building elements above 8.5m are located above the ground floor windows on
northern elevation of No. 95 Broughton street. Consequently, the non-complying
building elements would not be highly visible from No. 95 Broughton Street and
would have no material impact on the views/outlook currently enjoyed by this
adjoining property apart from some obstruction to the outlook to the sky towards the
north as illustrated in Figure 11 below.
Figure 11 – View from No. 95 Broughton Street toward the north
Furthermore, the new roof above the LEP building height limit would have no
material impacts on views from Broughton Street and the adjoining properties to the
east of the subject site given the proposed rear addition would not be higher than the
ridge height of the existing semi-detached dwelling.
(1)(c) To maintain solar access to existing dwellings, public reserves and streets, and to
promote solar access to future development – An examination of the shadow
diagrams submitted with the application has revealed that the additional shadow
from the first floor addition would fall on the roof of the adjoining property to the
south (i.e. No.95 Broughton Street) between 9am and 1pm during mid-winter as
shown in blue in Figures 12 – 17 below. No other adjoining properties would be
materially affected by the proposal between 9am and 3pm during mid-winter.
9 am 10 am 11 am
Report of Robin Tse, Senior Assessment Officer Page 15
Re: 97 Broughton Street, Kirribilli
Figures 12 -17 – 3D Shaow Diagrams between 9am and 2pm during mid winter
It is therefore considered that there would be no material shadowing impacts from
the non-complying building elements on the adjoining property at No.95 Broughton
Street.
(1)(d) To maintain privacy for residents of existing dwelling and to promote privacy for
residents of new buildings – The proposed roof over the first floor/attic addition
above the LEP height limit would not contain any openings, therefore there would be
no privacy impacts on the adjoining properties.
(1)(e) To ensure compatibility between development, particularly at zone boundaries
(1)(f) To encourage an appropriate scale and density of development that is in
accordance with, and promotes the character of the area
The design of the proposed development is generally consistent with the
characteristic height, bulk, scale and built form of other properties within the
locality.
The proposal would not increase the density of the subject site as this will continue
be used as a single dwelling.
That compliance with the development standard is unreasonable or unnecessary in the
circumstances of the case, and
Strict compliance with the building height control is considered to be unreasonable and
unnecessary as the elements in breach of the height control will not have material impacts on the
character of the locality and/or the amenity of adjoining properties.
As has been demonstrated above, the new building elements above the LEP height limit will not
be easily discernible from the public domain or result in unacceptable loss of significant views,
overshadowing or privacy impacts. The proposed built form on this site is considered to be
generally consistent with the existing detached dwelling.
12 noon 1 pm 2 pm
Report of Robin Tse, Senior Assessment Officer Page 16
Re: 97 Broughton Street, Kirribilli
That there are sufficient environmental planning grounds to justify contravening the
development standard.
The proposal would provide good amenity for the future residents of the subject dwelling. The
design of the new building elements is generally in-keeping with the characteristic built forms of
other buildings found within the locality.
Furthermore, the non-complying building elements are unlikely to cause material impacts for the
adjoining properties as detailed throughout this report.
The proposed development will be in the public interest because it is consistent with the
objectives of the particular standard and the objectives for development within the zone in
which the development is proposed to be carried out, and
The written justification as submitted by the applicant seeking variation to Clause 4.3(2) in
NSLEP 2013 is considered to be well founded in the site circumstances.
Therefore, compliance with the maximum building height control is considered to be
unreasonable and unnecessary in the circumstances, as the objectives of the zone and the
control are achieved despite the non-compliance subject to the imposition of appropriate
conditions of consent.
5. Earth Works
The proposed development does not involve excavation and earth works within the subject site.
NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
complies Comments
1.2 Social Amenity
Population Mix
Maintaining
Residential
Accommodation
Yes The proposal would not change the population mix and the level of residential
accommodation available within the locality.
Affordable Housing
Housing for
Seniors/Persons with
disability
Yes The proposed development would not affect the supply of affordable housing and
housing for seniors or people with disabilities.
1.3 Environmental Criteria
Topography Yes The proposal would not alter the landform of the subject property.
Views Yes The proposed development would not cause the loss of significant views from the
adjoining properties and the public domain.
No.95 Broughton Street
As mentioned earlier in this report, the adjoining property at No.95 Broughton
Street has outlook to the sky (Figure 11) and nearby buildings and vegetation from
the north facing windows to lower ground floor living room and ground floor
kitchen/dining room (Figures 18 & 19).
Report of Robin Tse, Senior Assessment Officer Page 17
Re: 97 Broughton Street, Kirribilli
Figures 18 & 19 – Views from No.95 Broughton Street
The proposed works, including the privacy screens, would cause some obstructions
to the outlook to nearby buildings and vegetation across the side property boundary
towards the north. However, the outlook does not contain any significant views
and the outlook to buildings and vegetation to the north-east from the rear yard and
ground floor rear deck would generally be retained (Figure 20).
Figure 20 – Outlook from No.95 Broughton Street towards north-east
The proposal would not cause material view loss for other adjoining residential
properties.
Public Domain
The proposed rear addition would not be highly visible along Broughton Street
apart from an oblique view from the south-west (Figure 21). However, the
proposed first floor addition would only affect an outlook to the sky and some
vegetation and the impact is not considered to be material.
Living Room (Lower ground Flr)
Kitchen window (Ground Flr)
Outline of the proposed structures
Report of Robin Tse, Senior Assessment Officer Page 18
Re: 97 Broughton Street, Kirribilli
Figure 21 – Outlook from Broughton Street
Solar Access Yes An examination of the shadow diagrams has revealed that No.95 Broughton Street
would be the only adjoining properties affected by additional shadows between
9am and 3pm during mid-winter.
Consideration has been given to the shadowing impacts on windows on the lower
ground and ground floor of No.95 Broughton Street during mid-winter (Figures 22
– 26):
Lower Ground Floor – Living Room
The living room has windows on the eastern and northern elevations.
The windows on the eastern elevation currently receive approximately 2.5 hours of
sunlight between 9am and 11.30am during mid-winter and solar access to these
windows would generally be retained.
There are a total of seven (7) windows in three openings on the northern elevation.
The 3D shadow diagrams indicate that solar access to these windows would
generally be retained during mid-winter.
Whilst the 3D shadow diagrams do not show the shadow from the proposed timber
awning over the steps to the rear deck, this 750mm deep awning would only cause
minor shadowing onto the living room windows between 12noon and 1pm during
mid-winter and would maintain compliance with the DCP minimum requirement
for 3 hours of sunlight to these windows during mid- winter.
Lower Ground Floor – Bedroom
The proposal would have no additional overshadowing to these windows because
they are currently in shade between 9am and 3pm during mid-winter.
Outline of the proposed structures
Living Rm windows
Bedroom windows
Kitchen window
9 am
Dining Rm window
Report of Robin Tse, Senior Assessment Officer Page 19
Re: 97 Broughton Street, Kirribilli
Figures 22 – 26 – 3D shadow Diagrams (No.95 Broughton St)
Ground Floor – Kitchen
The kitchen windows currently enjoy three (3) hours of sunlight between 9am and
3pm during mid-winter. The proposed ground floor rear addition and the privacy
screen on the southern edge of the rear deck off the ground floor bedroom would
reduce solar access to this window by up to one (1) hour during the morning hours
in mid-winter.
However, it is noted that the additional shadows would be caused by building
elements (being the ground floor rear addition and the privacy screen on the
southern edge of the ground floor rear deck) which comply with the LEP building
height and DCP side setback controls. Furthermore, solar access to the rear deck
off the kitchen area would be retained during mid-winter.
Therefore, solar access to this window is considered to be acceptable.
Ground Floor – Dining Room
The dining room is located in the middle section of this adjoining dwelling. The
dining room window currently receive approximately one (1) hour of sunlight
between 9am and 10am during mid-winter. This window would be in shade for all
hours between 9am and 3pm during mid-winter.
Additional shadowing of these windows would be caused by building elements
comply with the building height and side boundary setback controls.
It is considered that protecting solar access to this room is difficult due to its
location in the middle section of the dwelling.
Rear Setback
The proposed development would have no additional shadowing impacts on the
rear setback of No.95 Broughton Street because the additional shadow would fall
within the shadows caused by existing building elements within the subject site
and/or the adjoining properties.
10 am 11 am
12 noon 1 pm
Report of Robin Tse, Senior Assessment Officer Page 20
Re: 97 Broughton Street, Kirribilli
It is considered that the shadowing impacts caused by the proposed development
are acceptable.
Acoustic Privacy
Yes
(via
condition)
The proposal is unlikely to cause material impacts in terms of acoustic privacy for
the adjoining properties for the following reasons:
(a) The existing elevated deck off the living/dining area on the ground floor
would be re-located to the lower ground floor within the rear yard off the
new living area;
(b) The ground floor rear deck would serve a new bedroom with a reduction
in size and use of this space;
(c) The first floor balcony off the master bedroom is unlikely to be used for
noisy activities given the use of this room;
(d) The lower ground floor sliding doors on the south elevation would
replace a set of sliding doors at the same location;
(e) The applicant has indicated the relocation of the existing water heater
and exhaust fans to another location further away from the southern
property boundary;
(f) A standard condition relating to noise emissions from plant equipment
has been recommended to minimise noise nuisance for the adjoining
properties (Condition C14).
Visual Privacy Yes
(via
condition)
Consideration has been given to the possible visual privacy impacts on the
adjoining properties, particularly No.95 Broughton Street and No. 17 McDougall
Street.
No. 95 Broughton Street
The applicant has proposed highlight windows and privacy screens to minimise
visual privacy impact on the adjoining property at No.95 Broughton Street as
illustrated in the sightline diagrams below:
95 Brought St
Subject site
Rear Deck
Privacy screen
Subject site
Rear Terrace
Living Rm
Living Rm Living Rm
Kitchen
Bedroom deck
Report of Robin Tse, Senior Assessment Officer Page 21
Re: 97 Broughton Street, Kirribilli
Figures 27 – 29 – Sightline Diagrams
It is considered that the proposal is adequate in providing visual privacy protection
from possible overlooking from the rear decks and the lower ground floor living
room.
The slot view windows from the ground floor bedroom 2 and the first floor master
bedroom on the eastern (rear) elevation are unlikely to cause adverse visual privacy
impacts for No.95 Broughton Street given the use of the room as a bedroom and
the oblique line of sight from these windows to No.95 Broughton Street.
The boundary fence along the southern property boundary with No.95 Broughton
Street would provide screening for the lower ground floor kitchen and bathroom
windows as well as the replacement living room sliding door on the southern
elevation. The applicant has also proposed screen planting to a section of the
boundary fencing opposite the sliding door to provide additional visual privacy for
No.95 Broughton Street.
Furthermore, the applicant has proposed screen planting within the rear yard along
the northern, eastern and southern boundaries to provide additional privacy
protection for the adjoining properties. A condition is recommended requiring the
maximum height of 3m for the screen planting along the southern boundary to
maintain solar access whilst providing visual privacy for the adjoining property
(Condition C1).
It is considered that the proposal would adequately protect visual privacy for No.95
Broughton Street.
No.17 McDougall Street
This adjoining three storey semi-detached dwelling is located to the east of the
subject site.
The proposed screen planting along the eastern (rear) property boundary would
provide visual privacy protection for the ground floor rear terrace of No.17
McDougall Street.
Visual privacy impacts on the first floor bedroom/bathroom windows and the
dormer window on the south-western elevation of this adjoining property are not
considered to be material for the followings reasons:
(a) These windows provide an outlook to the rear yard of No.95 Broughton
street and oblique view of the subject site;
(b) Adequate separation distances are provided between the subject site and
No.17 McDougall Street including 12m from the lower ground floor rear
deck, 15m from the lower ground floor living room window, 20m from
the ground floor bedroom 2 window/master bedroom balcony, and 27m
from the slot view windows of bedroom 3 and the master bedroom (see
95 Brought St Subject site
Living Rm
Living Rm
Dining Rm
First Floor deck
Privacy Screen
Report of Robin Tse, Senior Assessment Officer Page 22
Re: 97 Broughton Street, Kirribilli
Figure 30);
(c) The likely reduction in privacy impacts from the change of use of the
ground floor living room to bedroom 2;
(d) Screening to be provided by boundary fencing and new planting
proposed along the eastern property boundary; and
(e) Some mutual overlooking between existing properties is characteristic of
the locality given the existing subdivision pattern within a highly built
up area.
Figure 30 – Subject site and nearby properties
No.99 Broughton Street
Visual privacy for the adjoining property is protected by the high dividing wall/
fencing and planting along the common boundary and within the adjoining
property as shown in Figure 31.
Figure 31 – View from the subject site to No. 99 Broughton Street
Other nearby properties are unlikely to be material affected by the proposed
development in terms of visual privacy due to the absence of direct sightlines or
they are located further away from the subject site or screening provided by
established vegetation.
The proposal is therefore considered to be acceptable in this regard.
1.4 Quality built form
Context Yes The proposed development is unlikely to have an adverse impact on the context
and the character of the locality because the design, bulk and scale of the proposed
addition is generally consistent with similar rear additions to the nearby semi-
Subject site
17 McDougall
Street
27m
15m
Report of Robin Tse, Senior Assessment Officer Page 23
Re: 97 Broughton Street, Kirribilli
detached dwellings.
Subdivision Pattern Yes The proposal would not change the subdivision pattern of the subject site and the
locality.
Siting Yes The proposal would not alter the general siting and orientation of the subject semi-
detached dwelling and other developments within the locality.
Setback – Front Yes The proposal would not change the front building setback of the existing semi-
detached dwelling.
Setback – Side No
(acceptable
on merit)
The main building fails to comply with DCP side boundary setback controls as
shown below.
Elevation
Existing Proposed
Control Complies
Lower Ground
- N Elevation*
- S Elevation
0mm
350mm
0mm
350mm
900mm
900mm
No
No
Ground Floor
- N Elevation*
- S Elevation
0mm
350mm
0mm
400mm
900mm-
1.5m**
No
No
First Floor
- N Elevation*
- S Elevation
0mm
350mm
0mm
900mm
1.5m -
2.5m**
No
No
* Common Wall.
** Variable side boundary setbacks due to the sloping topography.
Southern Elevation
The new lower ground floor bathroom and kitchen windows would be located on
the existing southern wall. These windows would have no adverse impacts because
they will be screened by the dividing fence along the southern boundary.
The ground floor bedroom 3 window would replace an existing window and is
unlikely to cause adverse impacts on the amenity of the adjoining properties as
discussed earlier in this report. The proposed ground floor rear addition complies
with the setback requirements (min. 1.5m) from the southern boundary.
The first floor rear addition does not comply with the required setback of up to
2.5m from the southern boundary, however, this building element would not cause
unacceptable impacts on the adjoining properties and the locality in terms of
height, bulk/scale, view loss, overshadowing and privacy impacts as detailed
throughout this report.
Northern Elevation (Common Wall)
The proposal would involve building works adjacent to the common party wall and
zero setback from the northern property boundary with No.99 Brounghton Street.
Council has received land owners consent for the lodgement of the subject
application from the northern adjoining property.
Notwithstanding this, further consideration has been given to the provisions in
Section 1.4.6 P3 of the DCP 2013 as well as the L&E Court planning principle
established in Galea v Marrickville Council [2003] NSWLEC 113 to ascertain the
appropriateness of the proposal:
(a) Is the street characterised by terrace building?
The subject site and the nearby properties along the eastern side of Broughton
Street are characterized by semi-detached dwellings/terraces. The proposal would
not significantly change the appearance on the street elevation with the exception
of a new dormer.
Report of Robin Tse, Senior Assessment Officer Page 24
Re: 97 Broughton Street, Kirribilli
(b) What is the height and length of the wall on the boundary
The length and height of the existing common boundary wall would remain
unchanged.
(c) Has the applicant control over the adjoining site or the agreement of their
owners
Council has received land owners consent for the lodgement of the subject
application from the northern adjoining property.
(d) What are the impacts on the amenity and/or development potential of the
adjoining sites
The proposal would have no material impacts on the amenity of the adjoining
properties, including the property at No.99 Broughton Street, as detailed
throughout this report. It is noted that the design of the proposed development in
similar design and character to the existing development at No. 99 Broughton
Street with additional features to minimise impacts on the amenity of the
neighbouring properties.
(e) Are there arrangements in place for the maintenance of the wall or gutters
Whilst no details have been provided by the applicant, it is considered that the
issue of access and maintenance of the party wall would be a civil matter between
the two property owners.
The proposed variation to the DCP side boundary setback requirements is therefore
considered to be acceptable.
Setback - Rear No change
The proposed development would not change the building setback from the rear
(eastern) property boundary.
The proposed rear deck would provide a 6.4m setback from the rear property
boundary. This is generally consistent with the setback of similar structures within
nearby properties.
Form Massing Scale
Built Form
Character
Yes The subject site is located within a locality featuring a diverse mix of built forms
including semi-detached dwellings, detached dwellings and multi-storey apartment
buildings.
It is noted that the immediate adjoining properties to the north are occupied by
semi-detached dwellings with rear additions similar to the subject proposal both in
terms of height, bulk and scale.
Whilst the proposed rear addition has a contemporary built form, the design is
generally consistent with other rear additions within the locality with skillion roof
form.
The proposed first floor addition would be located behind the ridge of the main
dwelling and would not be highly visible from Broughton Street.
Furthermore, the proposal would not significantly increase the footprint of the
existing dwelling. The applicant has also proposed additional soft landscape to
provide a more desirable landscape character for the subject site and the locality.
Having regard to the above, the proposed development is considered to be
acceptable.
Dwelling Entry Yes The applicant has proposed to relocate the entrance gate to a more centralized
location. This should enhance the sense of address for this property and is
therefore acceptable.
Front Fence No
(acceptable
on merit)
The proposed relocation of the front gate would require the infilling of the existing
entrance with a 1.8m high masonry fence to match existing fence.
Report of Robin Tse, Senior Assessment Officer Page 25
Re: 97 Broughton Street, Kirribilli
The proposal is considered acceptable because the nature of the work and the high
front fence is characteristic in this section of Broughton Street.
Roofs Yes The skillion roof form over the proposed rear addition is characteristic within the
locality and is considered to be acceptable.
Dormers Yes The proposal complies with the DCP requirements for a dormer on the street
elevation for the following reasons:
(a) The proposal would not result in material privacy impacts for the
property (i.e. Greenway Flats) on the high side of Broughton Street
given the separation provided by the road reserve and a strip of mature
vegetation within the side boundary setback of the Greenway Flats site;
(b) The proposal would have no adverse impacts on the streetscape because
dormers are featured on the street elevations of the adjoining properties
at Nos 99-107 Broughton Street;
(c) The proposed dormer would have no adverse impacts on the significance
of the nearest heritage item (Greenway Flats) given the variation in
architectural styles of the buildings.
Materials Yes
(via
condition)
A standard condition is recommended requiring the submission of a schedule of
material and finishes to ensure compatibility with the characteristic
materials/colours within the locality (Condition C17).
1.5 Quality Urban Environment Vehicle
Access/Parking
No change The subject site does not provide any on-site parking and the proposal would not
change this aspect of the application.
Site Coverage
Unbuilt Upon Area
Landscaped Area
Yes
A table is provided below demonstrating compliance with the provisions in
NSDCP 2013 for site coverage, unbuilt upon areas and landscaped area:
Site Area:
149sqm
Existing Proposed Complies
Site coverage
(Max 60%)
80sqm
(54%)
81.5qm
(55%)
Yes
Unbuilt Upon
Area
(Max 20%)
58sqm
(39%)
23.5sqm
(16%)
Yes
Landscaped
Area
(Min 20%)
11sqm
(7%)
44sqm
(29%)
Yes
The applicant has submitted a concept landscape plan including the provision of
soft landscaping and new gravel surfaces with decorative pavers to soften the open
spaces.
The proposal would result in a significant reduction in unbuilt upon area and an
increase in landscaped area.
Landscaping Yes
(via
condition)
The applicant has submitted a concept landscape plan that is considered to be
acceptable in-principle by A/Council’s Landscape Development Officer subject to
the imposition of a condition requiring a more detailed landscape plan.
Excavation N/A The proposal would not involve excavation and earthworks within the subject site.
Garbage Storage Yes
(via
condition)
A standard condition is recommended requiring the provision of adequate garbage
storage facility within the subject site.
1.6 Efficient Use of Resources Energy Efficiency Yes The applicant has submitted an updated BASIX certificate for the amended
proposal to demonstrate complies with the energy efficiency requirements
Report of Robin Tse, Senior Assessment Officer Page 26
Re: 97 Broughton Street, Kirribilli
(Condition C16).
Kirribilli Planning Area (Kirribilli Neighbourhood)
The proposal is generally consistent with Part C of North Sydney DCP 2013 in particular Section
8 of the Character Statement for Kirribilli Planning Area and Section 8.2 for Kirribilli
Neighbourhood.
The proposed development is generally consistent with the characteristic streetscape within the
neighbourhood.
Suitability of the Site for the Proposed Development
The proposal is considered to be suitable for the subject site because its design is in keeping with
the characteristic built form within the locality with no material impacts on the amenity of the
neighbouring properties, the streetscape and the conservation area generally.
Public Interest
The proposal, as amended by the applicant, is considered to be satisfactory and the approval of
the application will be in the public interest.
ALL LIKELY IMPACTS OF THE DEVELOPMENT
All likely impacts of the proposed development have been considered within the context of this
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 N/A
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
Report of Robin Tse, Senior Assessment Officer Page 27
Re: 97 Broughton Street, Kirribilli
SUBMITTOR’S CONCERNS
The issues raised in the submissions received relating to compliance with LEP/DCP controls,
view loss, overshadowing and privacy impacts have been addressed in detail earlier in this report.
Other issues raised in the submissions received are addressed below:
The application is not accurate with many errors in the Statement of Environmental
Effects.
Extensive inconsistencies and omissions in the submitted amended plans including lack
of details and inaccurate drawings.
Floor plans are incomplete with no RLs and/or dimensions.
Sections are also incomplete with crucial elements not shown.
Window sill heights and the height of privacy screens are not shown on the drawings.
All windows should be dimensioned.
Inadequate survey plan.
Photomontages are incorrect.
Comment:
The submitted plans, drawings and information are considered to be sufficient to facilitate the
accurate assessment of the development application. The applicant has provided additional
information as part of the amended proposal, such as a sightline analysis, to illustrate the likely
impacts of the proposed development on the adjoining property at No.95 Broughton Street. The
applicant has also updated the survey plan to provide more information.
The shadow diagrams are inaccurate because they do not show all new structures and
existing windows on the adjoining property as well as failing to take into consideration
shadowing impacts from nearby structures and vegetation.
Inaccurate shadow diagrams because shadows during equinox not shown accurately.
Comment:
The shadow diagrams have been tested and considered to be an accurate depiction of the extent
of shadowing caused by the existing dwelling and the proposed development.
The photo provided by the submitter taken on 22 September at 12 noon indicates shadows to the
west of the ground floor dining room window on the northern elevation of No.95 Broughton
Street (Figure 32). The 3D shadow diagram submitted by the applicant as part of the original
proposal indicates the same extent of overshadowing caused by the existing structure. In Figure
33, the additional shadows caused by the new structures are shaded in blue and the shadows
caused by the existing structure are shown in grey. The shadows shown on the 3D shadow
diagram are generally consistent with those on the photo provided by the submitter.
Report of Robin Tse, Senior Assessment Officer Page 28
Re: 97 Broughton Street, Kirribilli
Figure 32- Photo taken by the submitter at 12 noon
on 22 September
Figure 33 – 3D shadow diagram 12noon during equinox
Comments on the shadowing impacts of the other adjoining properties are as follows:
No.99 Broughton Street – this adjoining property would have no material
overshadowing impact between 9am and 11.30am during mid-winter because of the
northern aspect of the property which adjoins the common wall with the subject site.
Additional shadow from this property between 11.30am and 3pm during mid-winter
would generally fall within the subject site.
Nos.17 & 19 McDougall Street – There would be some existing overshadowing caused
by these properties on the backyard of No.95 Broughton Street during the morning hours
up to approximately 11.30am. The proposed development would have no material
shadowing impact on the backyard of No.95 Broughton Street as detailed earlier in this
report.
Existing and/or future vegetation would cause some filtering of the sunlight, however, shadowing
impacts of vegetation are not the same as permanent structures such as buildings or fencing.
Floor levels and roof has been raised resulting additional overshadowing and visual
privacy impacts.
Comment:
The floor levels of the rear addition have been raised/adjusted primarily to achieve the
appropriate floor to ceiling heights (2.4m/2.7m) for habitable rooms.
Potential heritage impact
The alterations and additions would be discernible from the street.
The new first floor addition is not wholly contained within the existing roof space.
Comment:
Council’s Conservation Planner was consulted who raised no objection to the proposed
Dining Rm window Dining Rm window
Report of Robin Tse, Senior Assessment Officer Page 29
Re: 97 Broughton Street, Kirribilli
development given that the subject site is not a heritage item nor located within a conservation
area. Furthermore, it is also noted that many semi-detached dwellings along Broughton Street
have been heavily modified with contemporary style rear additions with modern materials.
No provision for soft landscaping.
Concerns about stormwater drainage due to lack of soft landscaping.
Comment:
The applicant has submitted a landscape plan with new soft landscaping replacing hard paving
particularly within the rear setback.
Council’s Development Engineering has raised no objection to the proposal subject to the
imposition of appropriate engineering conditions including the requirement for the submission of
a stormwater management plan (Condition C10).
Noise nuisance from any mechanical devices (i.e. water heater/ventilating fans) along
the side boundary setback area.
Odour from the extractor fan in the kitchen.
Potential fire risk arising from the location of the gas hot water system and other
mechanical devices.
Sound proofing should be applied to the common party wall.
Comment:
A standard condition relating to noise emissions from plant equipment has been recommended to
minimise noise nuisance for the adjoining properties (Condition C14).
A standard condition is recommended requiring the outlet for the kitchen exhaust fan be located
and orientated away from the southern property boundary with No.95 Broughton Street
(Condition C14).
A standard condition is imposed requiring the compliance with the National Construction Code
which includes relevant requirements to provide fire protection and acoustic insulation for the
adjoining properties (Condition F1).
Loss of amenity arising from construction.
Construction should only be permitted on week days not at the weekends.
Only one skip should be allowed to minimise the loss of on- street parking.
The laneway at the rear of the site should be kept clear at all times.
No builder’s pets allowed on the site during construction.
A dilapidation report of No. 99 Brought Street should be completed prior to
construction.
Comment:
Appropriate conditions have been recommended to minimise the impacts on the amenity of the
adjoining properties, including parking restriction, Road reserve safety, dust emission/air quality,
Report of Robin Tse, Senior Assessment Officer Page 30
Re: 97 Broughton Street, Kirribilli
noise/vibration, site amenity, health and safety as well as construction hours (Conditions E2, E3,
E8, E9, E13, E16, E17). Builders and construction workers are required to ensure health and
safety within the construction site including any animals/pet on site.
A site specific condition is recommended requiring the rear pedestrian accessway to the subject
site be keep clear at all times during construction (Condition E1).
A condition is also recommended requiring the submission of a dilapidation report of No. 99
Brought Street prior to the issue of a construction certificate (Condition C3).
The existing timber deck at No.99 Broughton Street are unauthorised and cannot be
used as a precedent.
Comment:
The compliance matter relating to the rear deck at No.99 Broughton Street has been referred to
Council’s Compliance Unit for investigation.
CONCLUSION
This proposal has been assessed against the relevant provisions and requirements of the
Environmental Planning and Assessment Act 1979, North Sydney LEP 2013, North Sydney DCP
2013.
The subject site is zoned R3 (Medium Density Residential) which permits single dwelling
development. Furthermore, the site is located within a highly built up area with relatively small
lots and a diverse mix of built forms/architectural styles. There are a number of relatively recent
approvals for terraces in Broughton Street which are similar in intent.
Consideration has also been given to the Clause 4.6 request for a variation to the LEP’s building
height development standard as submitted by the applicant. The variation to the building height
development standard is justifiable because the building element above the LEP maximum
building height of is unlikely to have an impact on the character of the locality and would not
cause material amenity impacts for the adjoining properties in terms of view loss, overshadowing
and the loss of privacy.
It is noted that the applicant has proposed various privacy protection devices including privacy
screens to minimise visual privacy impacts on the adjoining property to the south at No.95
Broughton Street. In addition, solar access to the lower ground floor living room and the first
floor kitchen windows is considered to be acceptable.
The issues raised in the submissions received have also been addressed in the report with the
imposition of appropriate conditions.
Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is
considered to be satisfactory and therefore can be approved.
Report of Robin Tse, Senior Assessment Officer Page 31
Re: 97 Broughton Street, Kirribilli
RECOMMENDATION
PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT
ACT 1979 (AS AMENDED)
A. THAT the North Sydney Independent Planning Panel, under the delegation of the General
Manager as the consent authority, invoke the provisions of Clause 4.6 with regard to the
exception to the development standard for building height, and grant consent to
Development Application D297/17 for alterations and addition to an existing semi-
detached dwelling on land at No. 97 Broughton Street, Kirribilli subject to the following
site specific conditions and attached conditions of consent.
Revised Landscape Plan
C1. The landscape plan for the subject site (Drawing Numbered 19 Issue B, dated 18.12.17,
prepared by Bawtree Design) be amended as follows:
(a) The replacement of the Murraya paniculata on the rear yard planter adjacent to the
southern property with appropriate specie with a maximum mature height of 3m to
provide appropriate visual privacy protection for No. 95 Broughton Street and to
maintain solar access to the rear yard of this adjoining property.
The Certifying Authority must ensure that the revised landscape plan, building plans and
specifications submitted by the Applicant, referenced and accompanying the issued
Construction Certificate, fully satisfy the requirement of this condition.
(Reason: To ensure appropriate landscaping treatments and amenity protection for
adjoining properties.)
Rear Pedestrian Laneway
E1 The pedestrian laneway at the rear of the subject site must be kept clear at all times during
the construction of the approved development.
(Reason: No obstruction to pedestrian access via the rear laneway.)
Robin Tse
SENIOR ASSESSMENT OFFICER
Robyn Pearson Stephen Beattie
TEAM LEADER ASSESSMENTS MANAGER DEVELOPMENT SERVICES
September 2013 v1
NORTH SYDNEY COUNCIL
CONDITIONS OF DEVELOPMENT APPROVAL
97 BROUGHTON STREET, KIRRIBILLI
DEVELOPMENT APPLICATION NO. 297/17
A. Conditions that Identify Approved Plans
A1. Development in Accordance with Plans/documentation
The development must be carried out in accordance with the following drawings and
documentation and endorsed with Council’s approval stamp, except where amended
by the following conditions of this consent.
Drawing
Nos.
Plan Description Date Drawn by Received
1618/01 B Site plan 18.12.17 Bawtree Design 19/12/17
1618/02 B Floor plans 18.12.17 Bawtree Design 19/12/17
1618/03 B First floor plan 18.12.17 Bawtree Design 19/12/17
1618/04 B S & W elevations 18.12.17 Bawtree Design 19/12/17
1618/05 B E elevation & sections 18.12.17 Bawtree Design 19/12/17
(Reason: To ensure that the form of the development undertaken is in accordance
with the determination of Council, Public Information)
Plans on Site
A1. A copy of all stamped approved plans, specifications and documents (including the
plans, specifications and documents submitted and approved with the Construction
Certificate) must be kept on site at all times so as to be readily available for perusal by
any officer of Council or the Principal Certifying Authority.
All documents kept on site in accordance with this condition must be provided to any
officer of the Council or the certifying authority upon their request.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information and
to ensure ongoing compliance)
No Demolition of Extra Fabric
A2. Alterations to, and demolition of the existing building shall be limited to that
documented on the approved plans.
(Reason: To ensure compliance with the approved development)
ATTACHMENT TO IPP04 - 07/02/18 Page 32
97 BROUGHTON STREET, KIRRIBILLI
DEVELOPMENT APPLICATION NO. 297/17 Page 2 of 21
September 2013 v1
C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated).
Revised Landscape Plan
C1. The landscape plan for the subject site (Drawing Numbered 19 Issue B, dated
18.12.17, prepared by Bawtree Design) be amended as follows:
(a) The replacement of the Murraya paniculata on the rear yard planter adjacent to
the southern property with appropriate specie with a maximum mature height of
3m to provide appropriate visual privacy protection for No. 95 Broughton Street
and to maintain solar access to the rear yard of this adjoining property.
The Certifying Authority must ensure that the revised landscape plan, building plans
and specifications submitted by the Applicant, referenced and accompanying the
issued Construction Certificate, fully satisfy the requirement of this condition.
(Reason: To ensure appropriate landscaping treatments and amenity protection
for adjoining properties.)
Dilapidation Report Damage to Public Infrastructure
C2. A dilapidation survey and report (including photographic record) must be prepared by
a suitably qualified consultant which details the pre-developed condition of the
existing public infrastructure in the vicinity of the development site. Particular
attention must be paid to accurately recording any pre-developed damaged areas so
that Council is fully informed when assessing any damage to public infrastructure
caused as a result of the development. A copy of the dilapidation survey and report is
to be submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate.
The developer may be held liable for all damage to public infrastructure in the vicinity
of the site, where such damage is not accurately recorded and demonstrated as pre-
existing under the requirements of this condition.
The developer shall bear the cost of carrying out works to restore all public
infrastructure damaged as a result of the carrying out of the development, and no
occupation of the development shall occur until damage caused as a result of the
carrying out of the development is rectified.
A copy of the dilapidation survey and report must be lodged with North Sydney
Council by the Certifying Authority with submission of the Construction Certificate
documentation.
(Reason: To record the condition of public infrastructure prior to the
commencement of construction)
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Dilapidation Survey Private Property (Neighbouring Buildings)
C3. A photographic survey and dilapidation report of adjoining properties at Nos. 95 and
99 Broughton 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 to the
Certifying Authority for approval prior to the issue of any Construction Certificate.
The survey and report is to be prepared by an appropriately qualified person agreed to
by both the applicant and the owner of the adjoining property. A copy of the report is
to be provided to Council, if Council is not the Certifying Authority, prior to the issue
of any Construction Certificate.
All costs incurred in achieving compliance with this condition shall be borne by the
person entitled to act on this Consent.
In the event that access for undertaking the photographic survey and dilapidation
report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in
writing, to the satisfaction of Council that all reasonable steps have been taken to
obtain access and advise the affected property owner of the reason for the survey and
that these steps have failed. Written concurrence must be obtained from Council in
such circumstances.
Note: This documentation is for record keeping purposes only, and may be used by
an applicant or affected property owner to assist in any action required to
resolve any dispute over damage to adjoining properties arising from the
works. It is in the applicant’s and adjoining owner’s interest for it to be as full
and detailed as possible.
(Reason: Proper management of records)
Structural Adequacy (Semi Detached and Terrace Buildings)
C4. A report from an appropriately qualified and practising structural engineer, certifying
the structural adequacy of the adjoining property No. 99 Broughton Street which
certifies their ability to withstand the proposed works and outlines any measures
required to be implemented to ensure that no damage will occur to adjoining premises
during the course of the works, must be submitted to the Certifying Authority for
approval prior to the issue of any Construction Certificate. The measures outlined in
the certified report must be complied with at all times.
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Under no circumstances shall the party or common wall be extended or altered
without the prior written consent of the adjoining owner. Any such extension of the
party wall shall be noted on title by way of appropriate easement or Section 88B
instrument.
(Reason: To ensure the protection and structural integrity of adjoining
properties, and that common law property rights are recognised)
Structural Adequacy of Existing Building
C5. A report prepared by an appropriately qualified and practising structural engineer,
certifying the structural adequacy of the property and its ability to withstand the
proposed additional, or altered structural loads during all stages of construction shall
be submitted to the Certifying Authority for approval prior to issue of any
Construction Certificate. The certified report must also include all details of the
methodology to be employed in construction phases to achieve the above
requirements. The methodology in the certified report must be complied with at all
times.
(Reason: To ensure the structural integrity of the building is maintained)
Sediment Control
C6. Where construction or excavation activity requires the disturbance of the soil surface
or existing vegetation, erosion and sediment control techniques, as a minimum, are to
be in accordance with the publication Managing Urban Stormwater: Soils &
Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book”
or a suitable and effective alternative method.
A Sediment Control Plan must be prepared and submitted to the Certifying Authority
for approval prior to the issue of any Construction Certificate and prior to any works
commencing. The Sediment Control Plan must be consistent with the Blue Book and
disclose:
a) All details of drainage to protect and drain the site during the construction
processes;
b) All sediment control devices, barriers and the like;
c) Sedimentation tanks, ponds or the like;
d) Covering materials and methods; and
e) A schedule and programme of the sequence of the sediment and erosion
control works or devices to be installed and maintained.
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f) Methods for the temporary and controlled disposal of stormwater during
construction.
All works must be undertaken in accordance with the approved Sediment Control
plan.
The Certifying Authority must ensure that the building plans and specifications
submitted, referenced on and accompanying the issued Construction Certificate, fully
satisfy the requirements of this condition.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites)
Waste Management Plan
C7. A Waste Management Plan is to be submitted for approval by the Certifying Authority
prior to the issue of any Construction Certificate. The plan must include, but not be
limited to:
a) The estimated volume of waste and method of disposal for the construction
and operation phases of the development;
b) The design of the on-site waste storage and recycling area; and
c) Administrative arrangements for waste and recycling management during the
construction process.
The approved Waste Management Plan must be complied with at all times in the
carrying out of the development.
(Reason: To encourage the minimisation of waste and recycling of building
waste)
External Colours and Finishes
C8. The external colours and finishes shall match those as existing and/ or be compatible
with surrounding development. A schedule of external colours and finishes must be
submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate. The Certifying Authority must ensure that the building plans
and specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure that the completed colours and finishes of the works are
compatible with surrounding development)
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Roofing Materials - Reflectivity
C9. Roofing materials must be factory pre-finished with low glare and 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 submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate. The Certifying Authority must ensure that the building plans
and specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure that excessive glare or reflectivity nuisance from roofing
materials does not occur as a result of the development)
Stormwater Management and Disposal Design Plan – Construction Issue
C10. Prior to issue of the Construction Certificate, the applicant shall have a site drainage
management plan prepared by a qualified drainage design engineer. The site drainage
management plan must detail the following requirements of North Sydney Council:
a) Compliance with BCA drainage requirements, Councils Engineering Performance
guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2
1998, National Plumbing and Drainage Code.
b) Stormwater runoff and subsoil drainage generated by the approved dwellings
must be conveyed in a controlled manner by gravity via existing stormwater lines
towards Council’s system (excluding stormwater connections to sewer lines).
Details demonstrating compliance are to be submitted with the Construction
Certificate.
The Certifying Authority issuing the Construction Certificate must ensure that the
approved drainage plan and specifications, satisfying the requirements of this
condition, is referenced on and accompanies the Construction Certificate.
(Reason: To ensure controlled stormwater management and disposal without
nuisance)
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Garbage and Recycling Facilities
C11. Adequate provision must be made for the storage of waste and recyclable material
generated by the premises. Plans and specifications which comply with this condition
must be submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate. The Certifying Authority must ensure that the building plans
and specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the provision of appropriate waste facilities and to ensure
efficient collection of waste by collection contractors)
Chimney/Flue Discharge Location
C12. The height of the chimney/flue must be in accordance with the requirements of the
National Construction Code, and any relevant Australian Standard applicable to the
type and nature of heating appliance installed
Plans and specifications which comply with this condition must be submitted to the
Certifying Authority for approval prior to the issue of any Construction Certificate.
The Certifying Authority must ensure that the building plans and specifications
submitted, referenced on and accompanying the issued Construction Certificate, fully
satisfy the requirements of this condition.
Note: If the design of the chimney/flue approved by this consent needs to be altered to
achieve compliance with this requirement, an application to modify this
development consent may be required, depending on the nature of the changes
required.
(Reason: To ensure compliance with appropriate environmental standards and
protect residential amenity arising from chimney and flue installations)
Asbestos Material Survey
C13. A report must be prepared by a suitably qualified person in relation to the existing
building fabric to be demolished and/or disturbed identifying the presence or
otherwise of asbestos contamination and, if asbestos contamination is present, making
recommendations as to the work required to safely address the contamination.
Any demolition works or other works identified in the report as having to be carried
out must be carried out in accordance with the recommendations of the report and the
following:
a) the removal of asbestos must be undertaken by a WorkCover licensed
contractor;
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b) all removal must be in strict accordance with the requirements of the
WorkCover Authority in relation to the removal, handling and disposal of
material containing asbestos and any Work Safe Australia requirements.
c) during the removal of any asbestos a sign stating “DANGER ASBESTOS
REMOVAL IN PROGRESS” must be erected in a visible position at the
boundary of the site; and
d) Waste disposal receipts must be provided to the Certifying Authority as proof
of correct disposal of asbestos laden waste.
The report must be submitted to the Certifying Authority for approval prior to the
issue of any Construction Certificate. The Certifying Authority must ensure that the
report, and other plans, referenced on and accompanying the issued Construction
Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the long term health of workers on site and occupants of the
building is not put at risk unnecessarily)
Noise from Plant and Equipment
C14. The use of all plant and equipment installed on the premises must not:
(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all
plant and equipment operating contemporaneously on the site or in the strata
scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when
measured at the boundary of any affected receiver . The modifying factor
adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.
(b) Cause “offensive noise” as defined in the Protection of the Environment
Operations Act 1997.
“affected receiver” includes residential premises (including any lot in the strata
scheme or another strata scheme), premises for short-term accommodation, schools,
hospitals, places of worship, commercial premises and parks and such other affected
receiver as may be notified by the Council in writing.
“boundary” includes any window or elevated window of an affected receiver.
Terms in this condition have the same meaning as in the Noise Guide for Local
Government and the Industrial Noise Policy published by the NSW Environment
Protection Authority.
(Reason: To maintain an appropriate level of amenity for adjoining land uses)
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Security Deposit/ Guarantee Schedule
C15. All fees and security deposits/ guarantees in accordance with the schedule below must
be provided to Council prior to the issue of any Construction Certificate:
Security deposit/ guarantee Amount ($)
Footpath Damage Bond $1,500.00
TOTAL BONDS $1,500.00
(Reason: Compliance with the development consent)
BASIX Certificate
C16. 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. A286003_02 for the development are fulfilled. Plans and
specifications complying with this condition must be submitted to the Certifying
Authority for approval prior to the issue of any Construction Certificate. The
Certifying Authority must ensure that the building plans and specifications submitted,
referenced on and accompanying the issued Construction Certificate, fully satisfy the
requirements of this condition.
(Reason: To ensure the proposed development will meet the Government’s
requirements for sustainability and statutory requirements)
D. Prior to the Commencement of any Works (and continuing where indicated)
Public Liability Insurance – Works on Public Land
D1. Any person or contractor undertaking works on public land must take out Public Risk
Insurance with a minimum cover of $20 million in relation to the occupation of public
land and the undertaking of approved works within Council’s road reserve or public
land, as approved by this consent. The Policy is to note, and provide protection/full
indemnification for North Sydney Council, as an interested party. A copy of the
Policy must be submitted to Council prior to commencement of any works. The
Policy must be valid for the entire period that the works are being undertaken.
(Note: Applications for hoarding permits, vehicular crossings etc will require
evidence of insurance upon lodgement of the application.)
(Reason: To ensure the community is protected from the cost of any claim for
damages arising from works on public land)
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Commencement of Works Notice
D2. Building work, demolition or excavation in accordance with this development consent
must not be commenced until the developer has given at least 2 days notice to North
Sydney Council of the person’s intention to commence building work, demolition or
excavation in accordance with this development consent.
(Reason: To ensure appropriate safeguarding measures are in place prior to the
commencement of any building work, demolition or excavation)
E. During Demolition and Building Work
Rear Pedestrian Laneway
E1. The pedestrian laneway at the rear of the subject site must be kept clear at all times
during the construction of the approved development.
(Reason: No obstruction to pedestrian access via the rear laneway.)
Parking Restrictions
E2. Existing public parking provisions in the vicinity of the site must be maintained at all
times during works. The placement of any barriers, traffic cones, obstructions or other
device in the road shoulder or kerbside lane is prohibited without the prior written
consent of Council. Changes to existing public parking facilities/restrictions must be
approved by the North Sydney Local Traffic Committee. The Developer will be held
responsible for any breaches of this condition, and will incur any fines associated with
enforcement by Council regulatory officers.
(Reason: To ensure that existing kerbside parking provisions are not
compromised during works)
Road Reserve Safety
E3. All public footways and roadways fronting and adjacent to the site must be maintained
in a safe condition at all times during the course of the development works, with no
obstructions caused to the said footways and roadways. Construction materials and
plant must not be stored in the road reserve without approval of Council. A safe
pedestrian circulation route and a pavement/route free of trip hazards must be
maintained at all times on or adjacent to any public access ways fronting the
construction site.
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Where public infrastructure is damaged, repair works must be carried out in when and
as directed by Council officers (at full Developer cost). Where pedestrian circulation
is diverted on to the roadway or verge areas, clear directional signage and protective
barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control
Devices for Work on Roads”. If pedestrian circulation is not satisfactorily
maintained across the site frontage, and action is not taken promptly to rectify
the defects, Council may undertake proceedings to stop work.
(Reason: Public Safety)
Service Adjustments
E4. Where required, the adjustment or inclusion of any new utility service facilities must
be carried out by the person acting on the consent and in accordance with the
requirements of the relevant utility authority. These works shall be at no cost to
Council. It is the Applicants full responsibility to make contact with the relevant
utility authorities to ascertain the impacts of the proposal upon utility services at the
appropriate stage of the development (including water, phone, gas and the like).
Council accepts no responsibility whatsoever for any matter arising from its approval
of this application involving any influence upon utility services provided by another
authority.
(Reason: To ensure the service requirements are met)
Cigarette Butt Receptacle
E5. A cigarette butt receptacle is to be provided on the site for the duration of
excavation/demolition/construction process, for convenient use of site workers.
(Reason: To ensure adequate provision is made for builders’ waste)
Temporary Disposal of Stormwater Runoff
E6. During construction, stormwater runoff must be disposed in a controlled manner that
is compatible with the erosion and sediment controls on the site. Immediately upon
completion of any impervious areas on the site (including roofs, driveways, paving)
and where the final drainage system is incomplete, the necessary temporary drainage
systems must be installed to reasonably manage and control runoff as far as the
approved point of stormwater discharge. Such ongoing measures must be to the
satisfaction of the Certifying Authority.
(Reason: Stormwater control during construction)
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Removal of Extra Fabric
E7. Should any portion of the existing building, trees, or curtilage of the site which is
indicated on the approved plans to be retained be damaged for whatever reason, all the
works in the area of the damaged portion are to cease and written notification of the
damage is to be given to Council forthwith. No work is to resume until the written
approval of Council to do so is obtained. Failure to comply with the provisions of this
condition may result in the Council taking further action including legal proceedings
if necessary.
(Reason: To ensure compliance with the terms of this development consent)
Dust Emission and Air Quality
E8. The following must be complied with at all times:
(a) Materials must not be burnt on the site.
(b) Vehicles entering and leaving the site with soil or fill material must be
covered.
(c) Dust suppression measures must be carried out to minimise wind-borne
emissions in accordance with the NSW Department of Housing’s 1998
guidelines - Managing Urban Stormwater: Soils and Construction.
(d) Odour suppression measures must also be carried out where appropriate so as
to prevent nuisance occurring at adjoining properties.
(Reason: To ensure residential amenity is maintained in the immediate vicinity)
Noise and Vibration
E9. The works must be undertaken in accordance with the “Interim Construction Noise
Guideline” published by the NSW Environment Protection Authority, to ensure
excessive levels of noise and vibration do not occur so as to minimise adverse effects
experienced on any adjoining land.
(Reason: To ensure residential amenity is maintained in the immediate vicinity)
Applicant's Cost of Work on Council Property
E10. The applicant 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)
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No Removal of Trees on Public Property
E11. No trees on public property (footpaths, roads, reserves, etc.) unless specifically
approved by this consent shall be removed or damaged during construction including
for the erection of any fences, hoardings or other temporary works.
(Reason: Protection of existing environmental infrastructure and community
assets)
Special Permits
E12. Unless otherwise specifically approved in writing by Council, all works, processes,
storage of materials, loading and unloading associated with the development must
occur entirely on the property.
The developer, owner or builder may apply for specific permits available from
Council’s Customer Service Centre for the undermentioned activities on Council’s
property. In the event that a permit is granted by Council for the carrying out of
works, processes, storage of materials, loading and unloading associated with the
development on Council's property, the development must be carried out in
accordance with the requirements of the permit. A minimum of forty-eight (48) hours
notice is required for any permit: -
1) On-street mobile plant
Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the
hours of operation, the area of operation, etc. Separate permits are required for
each occasion and each piece of equipment. It is the developer's, owner’s and
builder’s responsibilities to take whatever steps are necessary to ensure that the
use of any equipment does not violate adjoining property owner’s rights.
(Reason: Proper management of public land)
2) Hoardings
Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class
hoarding is to alienate a section of Council’s property, that section will require
a permit for the occupation of Council’s property.
(Reason: Proper management of public land)
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3) Storage of building materials and building waste containers (skips) on
Council’s property
Permits to utilise Council property for the storage of building materials and
building waste containers (skips) are required for each location. Failure to
obtain the relevant permits will result in the building materials or building
waste containers (skips) being impounded by Council with no additional
notice being given. Storage of building materials and waste containers on open
space reserves and parks is prohibited.
(Reason: Proper management of public land)
4) Kerbside restrictions, construction zones
Attention is drawn to the existing kerbside restrictions adjacent to the
development. Should alteration of existing kerbside restrictions be required,
or the provision of a construction zone, the appropriate application must be
made and the fee paid to Council. Alternatives to such restrictions may
require referral to Council’s Traffic Committee and may take considerable
time to be resolved. An earlier application is suggested to avoid delays in
construction programs.
(Reason: Proper management of public land)
Construction Hours
E13. Building construction and works must be restricted to within the hours of 7.00 am to
5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm
inclusive, with no work on Sundays and Public Holidays.
Demolition and excavation works must be restricted to within the hours of 8.00 am to
5.00 pm Monday to Friday only. For the purposes of this condition:
a) “Building construction” means any physical activity on the site involved in the
erection of a structure, cladding, external finish, formwork, fixture, fitting of
service installation and the unloading of plant, machinery, materials or the like.
b) “Demolition works” means any physical activity to tear down or break up a
structure (or part thereof) or surface, or the like, and includes the loading of
demolition waste and the unloading of plant or machinery.
c) “Excavation work” means the use of any excavation machinery and the use of
jackhammers, rock breakers, excavators, loaders, or the like, regardless of
whether the activities disturb or alter the natural state of the existing ground
stratum or are breaking up/removing materials from the site and includes the
unloading of plant or machinery associated with excavation work.
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All builders, excavators must display, on-site, their twenty-four (24) hour contact
telephone number, which is to be clearly visible and legible from any public place
adjoining the site.
(Reason: To ensure that works do not interfere with reasonable amenity
expectations of residents and the community)
Installation and Maintenance of Sediment Control
E14. Erosion and sediment controls must be installed and maintained at all times in
accordance with the Sediment and erosion control plan submitted and approved with
the Construction Certificate.
Erosion and sediment measures must be maintained in accordance with the
publication Managing Urban Stormwater: Soils & Construction (4th edition,
Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed
when development activities have been completed and the site fully stabilised.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites)
Sediment and Erosion Control Signage
E15. A durable sign must be erected during building works in a prominent location on site,
warning of penalties should appropriate erosion and sedimentation control devices not
be maintained. A sign of the type referred to in this condition is available from
Council.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites)
Site Amenities and Facilities
E16. Where work involved in the erection and demolition of a building is being carried out,
amenities which satisfy applicable occupational health and safety and construction
safety regulations, including any WorkCover Authority requirements, must be
provided and maintained at all times. The type of work place determines the type of
amenities required.
Further information and details can be obtained from the Internet at
www.workcover.nsw.gov.au
(Reason: To ensure the health and safety of the community and workers on the
site)
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Health and Safety
E17. All work undertaken must satisfy applicable occupational health and safety and
construction safety regulations, including any WorkCover Authority requirements to
prepare a health and safety plan. Site fencing must be installed sufficient to exclude
the public from the site. Safety signs must be erected that warn the public to keep out
of the site, and provide a contact telephone number for enquiries.
Further information and details regarding occupational health and safety requirements
for construction sites can be obtained from the internet at www.workcover.nsw.gov.au
(Reason: To ensure the health and safety of the community and workers on the
site)
Prohibition on Use of Pavements
E18. Building materials must not be placed on Council's footpaths, roadways, parks or
grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to
this effect must be erected adjacent to the street alignment.
(Reason: To ensure public safety and amenity on public land)
Plant & Equipment Kept Within Site
E19. All plant and equipment used in the undertaking of the development/ works, including
concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within
the boundaries of the site (unless a permit is obtained from Council beforehand) and
so placed that all concrete slurry, water, debris and the like must be discharged onto
the building site, and is to be contained within the site boundaries.
Details of Council requirements for permits on public land for standing plant,
hoardings, storage of materials and construction zones and the like are available on
Council’s website at www.northsydney.nsw.gov.au.
(Reason: To ensure public safety and amenity on public land)
Waste Disposal
E20. All records demonstrating the lawful disposal of waste must be retained and kept
readily accessible for inspection by regulatory authorities such as North Sydney
Council and the Environmental Protection Authority.
(Reason: To ensure the lawful disposal of construction and demolition waste)
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Asbestos Removal
E21. All demolition works involving the removal and disposal of asbestos cement must
only be undertaken by contractors who hold a current WorkCover Asbestos or
“Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos
Licence and removal must be carried out in accordance with National Occupational
Health and Safety Commission.
(Reason: To ensure works are carried out in accordance with relevant
WorkCover requirements)
F. Prescribed Conditions imposed under EP&A Act and Regulations and other
relevant Legislation
National Construction Code
F1. All building work must be carried out in accordance with the provisions of the
National Construction Code.
(Reason: Prescribed - Statutory)
Home Building Act
F2. 1) Building work that involves residential building work (within the meaning and
exemptions provided in the Home Building Act 1989) for which the Home
Building Act 1989 requires there to be a contract of insurance under Part 6 of
that Act must not be carried out unless the Principal Certifying Authority for
the development to which the work relates has given North Sydney Council
written notice of the contract of insurance being issued and of the following:
a) in the case of work for which a principal contractor is required to be
appointed:
i) the name and licence number of the principal contractor, and
ii) the name of the insurer by which the work is insured under Part
6 of that Act, or
(b) in the case of work to be done by an owner-builder:
(i) the name of the owner-builder, and
(ii) if the owner-builder is required to hold an owner-builder permit
under that Act, the number of the owner-builder permit.
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97 BROUGHTON STREET, KIRRIBILLI
DEVELOPMENT APPLICATION NO. 297/17 Page 18 of 21
September 2013 v1
2) If arrangements for doing residential building work are changed while the
work is in progress such that the information submitted to Council in
accordance with this conditions is out of date, work must cease and no further
work may be carried out unless the Principal Certifying Authority for the
development to which the work relates (not being the Council), has given the
Council written notice of the updated information.
Note: A certificate purporting to be issued by an approved insurer under Part 6 of the
Home Building Act 1989 that states that a person is the holder of an insurance
policy issued for the purposes of that Part is, for the purposes of this clause,
sufficient evidence that the person has complied with the requirements of that
Part.
(Reason: Prescribed - Statutory)
Appointment of a Principal Certifying Authority (PCA)
F3. Building work, demolition or excavation in accordance with the development consent
must not be commenced until the developer has appointed a Principal Certifying
Authority for the building work in accordance with the provisions of the EP&A Act
and its Regulations.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or
excavation)
Construction Certificate
F4. Building work, demolition or excavation in accordance with the development consent
must not be commenced until a Construction Certificate for the relevant part of the
building work has been issued in accordance with the provisions of the EP&A Act and
its Regulations.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or
excavation)
Occupation Certificate
F5. A person must not commence occupation or use of the whole or any part of a new
building (new building includes an altered portion of, or an extension to, an existing
building) unless an Occupation Certificate has been issued in relation to the building
or part. Only the Principal Certifying Authority appointed for the building work can
issue an Occupation Certificate.
(Reason: Statutory)
ATTACHMENT TO IPP04 - 07/02/18 Page 49
97 BROUGHTON STREET, KIRRIBILLI
DEVELOPMENT APPLICATION NO. 297/17 Page 19 of 21
September 2013 v1
Demolition
F6. Demolition work must be undertaken in accordance with the provisions of AS2601-
Demolition of Structures.
(Reason: To ensure that work is undertaken in a professional and responsible
manner and protect adjoining property and persons from potential
damage)
Site Sign
F7. 1) A sign must be erected in a prominent position on the site
a) stating that unauthorised entry to the work site is prohibited;
b) showing the name of the principal contractor (or person in charge of
the work site), and a telephone number at which that person may be
contacted at any time for business purposes and outside working hours;
and
c) showing the name, address and telephone number of the Principal
Certifying Authority for the work.
2) Any such sign must be maintained while to building work or demolition work
is being carried out, but must be removed when the work has been completed.
(Reason: Prescribed - Statutory)
G. Prior to the Issue of an Occupation Certificate
Infrastructure Repair and Completion of Works
G1. Prior to the issue of any Occupation Certificate any and all works relating to the
development:
a. in the road reserve must be fully completed; and
b. to repair and make good any damaged public infrastructure caused as a result
of any works relating to the development (including damage caused by, but not
limited to, delivery vehicles, waste collection, contractors, sub contractors,
concrete vehicles) must be fully repaired;
to the satisfaction of Council Engineers at no cost to Council.
(Reason: Maintain quality of Public assets)
ATTACHMENT TO IPP04 - 07/02/18 Page 50
97 BROUGHTON STREET, KIRRIBILLI
DEVELOPMENT APPLICATION NO. 297/17 Page 20 of 21
September 2013 v1
Damage to Adjoining Properties
G2. All precautions must be taken to prevent any damage likely to be sustained to
adjoining properties. Adjoining owner property rights and the need for owner’s
permission must be observed at all times, including the entering onto land for the
purpose of undertaking works.
(Reason: To ensure adjoining owner’s property rights are protected)
Utility Services
G3. All utility services shall be adjusted, to the correct levels and/or location/s required by
this consent, prior to issue of an occupation certificate. This shall be at no cost to
Council.
(Reason: To ensure compliance with the terms of this consent)
Asbestos Clearance Certificate
G4. For building works where asbestos based products have been removed or altered, an
asbestos clearance certificate signed by an appropriately qualified person (being an
Occupational Hygienist or Environmental Consultant) must be submitted to and
approved by the Certifying Authority (and a copy forwarded to Council if it is not the
Certifying Authority) for the building work prior to the issue of any Occupation
Certificate, the asbestos clearance certificate must certify the following: -
a) the building/ land is free of asbestos; or
b) the building/ land has asbestos that is presently deemed safe.
The certificate must also be accompanied by tipping receipts, which detail that all
asbestos waste has been disposed of at an approved asbestos waste disposal depot. If
asbestos is retained on site the certificate must identify the type, location, use,
condition and amount of such material.
Note: Further details of licensed asbestos waste disposal facilities can be obtained
from www.epa.nsw.gov.au
(Reason: To ensure that building works involving asbestos based products are
safe for occupation and will pose no health risks to occupants)
Disposal Information
G5. Upon completion of works and prior to occupation, a report including the following
information must be provided to Council’s Open Space and Environmental Services
Department:
ATTACHMENT TO IPP04 - 07/02/18 Page 51
97 BROUGHTON STREET, KIRRIBILLI
DEVELOPMENT APPLICATION NO. 297/17 Page 21 of 21
September 2013 v1
(a) the total tonnage of all waste and excavated material disposed of from the site
(including any tipping dockets); and
(b) the disposal points and methods used.
(Reason: To ensure appropriate disposal methods are undertaken for auditing
and inspection purposes)
BASIX Completion Certificate
G6. In accordance with Clause 154C of the Environmental Planning and Assessment
Regulation 2000, prior to issuing a final occupation certificate the Certifying
Authority must apply to the Director-General for a BASIX completion receipt.
(Reason: To ensure compliance with the specified BASIX Certificate)
Compliance with Certain conditions
G7. Prior to the issue of any Occupation Certificate, Condition C1 must be certified as
having been implemented on site and complied with.
(Reason: To ensure the development is completed in accordance with the
requirements of this consent)
I. On-Going / Operational Conditions
Single Occupancy
I1. Nothing in this consent authorises the use of the premises other than for a single
occupancy.
(Reason: To ensure compliance with the terms of this consent)
ATTACHMENT TO IPP04 - 07/02/18 Page 52
TIMBER
CONCRETE
STEEL
GLASS
TILES
COLOUR KEY
FC / RENDER
BRICK
STONE 01
SITE PLAN
Fall
Fall3.5°
Fall3.5°
Fall10°
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
TN
A
1:100
LEGEND
TG
Existing
T&G strip flooringF: clear polyurethane
Face brickwork to match existingF: paint
Fibre cement weatherboardswith FC trimsF: paint
Corrugated metal roofF: Colorbond
CT Ceramic tiles
TD Timber deckingF: stain
MR
WB
FB(P)
Ex / Exst
DA Issue
ST Slate roofing to match existingF: natural
17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
97 BROUGHTON STLot 2 DP 230982
149.0m†
x TO
W
Ex RL 12.24
FFL 11.86
Deck
x TO
W
Ex RL 13.84
x TO
W
Ex RL 15.84
Ridge RL22.43
Rid
ge R
L22.8
0
Ridge RL22.43
Rid
ge R
L21.7
7
Gutter RL19.06
DeckFFL 15.36
FFL 12.20
DeckFFL 13.8399 Broughton St
1, 2 & 3 storeybrick semi with
slate roof
95 Broughton St1 & 2 storey
brick & rendered semiwith metal roof
4.7
65
m
5.0
3m
29.615m
1.65m
11.71m
New Garden
Garden
Deck
Bal.
Deck
Relocateentry gate
COOLING
SUMMER
BREEZES
S O L A R
P A T H
Winter So
ltice
LO
CA
L
ST
RE
ET
NO
IS
E
STRONG
SOUTHERLY
WINDS
BR
OU
GH
TO
N S
TR
EE
T
Gutter RL18.16
Frame & glass type Shading device
Fixtures & Systems
Lighting Min. 40% LED or CF
Fixtures Min. 3 stars
Item
Glazing
Insulation (minimum)
Ceiling: flat R1.45
Roof
R1.16
Instantaneous gasHot water
BASIX REQUIREMENTS
55mm RFL blanket
Floor: over building Nil
Walls: framed R1.30
Walls: brick veneer
Ceiling: raked R1.74
South None
East 1
East 2
East 3
West
Eave 450mm
Ext. blind (adjustable)
Awning (adjustable)
Eave 450mm
Alumin, Low-E glass
Alumin, Low-E glass
Alumin, Low-E glass
Alumin, Low-E glass
Alumin, Low-E glass
Ex Rid
ge R
L22.8
0
Attic extension toalign with neighbour
DeckFFL 13.28FFL 16.83
New stairs to side path
New dormerF: slate
Replace ex polycarbonateroof with a glazed roof
New stairs to garden replacing decking
New deck with1.6m privacy screen
FFL 19.71
95 McDougall St2 storey
brick & tiled roof residence
Gutter RL15.60
1280
950
1280
1820
930
960
10220
14610
1600HPrivacy wall
1600H privacy screen
1600H privacy screen
1820
x ExR
L 11.81
x ExR
L 12.08
x ExR
L 12.81
x ExR
L 12.67
x ExR
L 12.14
x ExR
L 13.37
x ExR
L 13.73
x ExR
L 13.48
x ExR
L 14.17
x ExR
L 13.97x E
xRL 15.34
x ExR
L 16.00
x ExR
L 16.04
x ExR
L 15.97
x ExR
L 15.45
x ExR
L 12.64
New balcony to align with No.99 balcony
ATTACHMENT TO IPP04 - 07/02/18 Page 53
TIMBER
CONCRETE
STEEL
GLASS
TILES
COLOUR KEY
FC / RENDER
BRICK
STONE
PLANS
02
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
TN
A
1:100
DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1
2
LOWER GROUND PLAN-
FFL 13.28
DECK
ExVERR
GROUND FLOOR PLAN-
NEW GARDEN
99 Broughton StLower ground
95 Broughton StLower ground
95 Broughton StGround
99 Broughton StGround
B’dry
B’dry
B’dry
B’dry
B’dry
B’dry
B’dry
B’dry
Partially infillexisting courtyard
Walls to bedemolished - dashed
Void
Existing
setback
960
Newdeck below
Relocate timber gateF: paint
Ex garden walls
Ex garden walls
05
A
05
A
05
B
05
B
DECKFFL 16.83
Modify ex retaining wallfor new concrete stepsto side path
New door tovoid area
4.2 x 3.9mTD
Ex DP
Ex DP
SPRDP +SPR
Replace existingpolycarbonateroof with glazed roof
New sumpto HE details
New sumpto HE details
2.9 x 3.0mCT
Newgarden below
New deck to replaceexisting timber deck
10001000
1600
High level window
RL 11.86Decorative gravel
Existing
setback
1820
New stairsto replace existingF: paving
250mm capping to screen
New fixed glasspanel to exst opening
x TO
W
Ex RL 12.24
x TO
W
Ex RL 13.84
x TO
W
Ex RL 15.84
x ExR
L 12.67
x ExR
L 11.81
x ExR
L 13.37
x ExR
L 13.73
x ExR
L 12.64
x ExR
L 12.14
x ExR
L 16.04
x ExR
L 16.00
x ExR
L 14.17
x ExR
L 12.81x E
xRL 12.08
Existing timber stairsto be demolished - dashed
Bedroom deck toreplace existingkitchen / dining deck
Raise existing metal apron roof
x ExR
L 14.17
Steback of 1m from no.99 building line
New timber framedstair
250mm capping to 1.6m privacy screen
ATTACHMENT TO IPP04 - 07/02/18 Page 54
TIMBER
CONCRETE
STEEL
GLASS
TILES
COLOUR KEY
FC / RENDER
BRICK
STONE
PLANS
03
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
TN
A
1:100
LEGEND
TG
Existing
T&G strip flooringF: clear polyurethane
Face brickwork to match existingF: paint
Fibre cement weatherboardswith FC trimsF: paint
Corrugated metal roofF: Colorbond
CT Ceramic tiles
TD Timber deckingF: stain
MR
WB
FB(P)
Ex / Exst
DA Issue
ST Slate roofing to match existingF: natural
17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1
-
FIRST FLOOR PLAN
DECK
99 Broughton StFirst Floor
95 Broughton StRoof
B’dry
B’dry
B’dry
B’dry
99 Broughtondeck
Align withAlign with
99Broughton
MR
1820
Existing
setback
New metal roof overinsulation on timber framing
05
A
05
B
Deckbelow1.8 x 3.2m
CT
950
ATTACHMENT TO IPP04 - 07/02/18 Page 55
TIMBER
CONCRETE
STEEL
GLASS
TILES
COLOUR KEY
FC / RENDER
BRICK
STONE 04
ELEVATIONS
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
LEGEND
TG
Existing
T&G strip flooringF: clear polyurethane
Face brickwork to match existingF: paint
Fibre cement weatherboardswith FC trimsF: paint
Corrugated metal roofF: Colorbond
CT Ceramic tiles
TD Timber deckingF: stain
MR
WB
FB(P)
Ex / Exst
DA Issue
ST Slate roofing to match existingF: natural
17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
First Floor
FFL 19.71
Lower Ground Floor (front)
FFL 14.10
First Floor
FFL 19.71
Ground Floor (front)
FFL 16.83
Ridge
RL 22.80
Ridge
RL 22.80
Ground Floor
FFL 16.83
Deck level
FFL 13.28
Lower Ground
Floor (rear)
FFL 13.82
1
2
SOUTH ELEVATION
WEST ELEVATIONSTREET FACADE
SIDE FACADE
Existing ground line
New stair privacy screen
New non operablefire rated windows
Existingground line
Existing ground line
New dormer window
SITE99 Broughton 95 Broughton
B’dry
B’dry
B’dry
B’dry
BroughtonStreet
WB
FB(P) FB(P)
ST
WB
Existing roof tobe demolished - dashed
Exst
ExstLIne of masonry
boundary fence,dashed for clarity
FB(P)
New timber frameddeck & stairs
New door
FG
FG
FGFG
FG
New privacy screen
2230 1600
1600
1600
Maintain existinggable
Existing fence line
Existing fence line
Existing balustradeto be demolished - dashed
New window
Existing ground line
WB
8.5m Height line (dashed red)
New privacywall
Existing north boundarywall beyond
Existing northfence line
2560
1980
Outline of 99 Broughtonat boundary beyond
ATTACHMENT TO IPP04 - 07/02/18 Page 56
TIMBER
CONCRETE
STEEL
GLASS
TILES
COLOUR KEY
FC / RENDER
BRICK
STONE 05
ELEVATION & SECTIONS
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
LEGEND
TG
Existing
T&G strip flooringF: clear polyurethane
Face brickwork to match existingF: paint
Fibre cement weatherboardswith FC trimsF: paint
Corrugated metal roofF: Colorbond
CT Ceramic tiles
TD Timber deckingF: stain
MR
WB
FB(P)
Ex / Exst
DA Issue
ST Slate roofing to match existingF: natural
17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
First Floor
FFL 19.71
Lower Ground Floor (front)
FFL 14.10 Lower Ground Floor (rear)
FFL 13.82
Ridge
RL 22.80
First Floor
FFL 19.71
Lower Ground Floor (rear)
FFL 13.82
FCL
FCL
Springing
point
Ground Floor
FFL 16.83
Ex Ridge
RL 22.80
Ground Floor
FFL 16.83
Deck (rear)
FFL 13.28
Rear deck
FFL 13.28
Lower Ground Floor (front)
FFL 14.10
1
2 EAST ELEVATION
SECTION AA-
DECK
WBWB
WB
SITE95 Broughton 99 Broughton
B’dry
B’dry
B’dry
B’dry
New roof to align with neighbour
New roof to align with neighbour
New doors withinenlarged opening
New roof to alignwith 99 Broughton roof
REAR FACADE
Existingmasonry wall
Existingmasonry wall
B’dry
B’dry
3 SECTION BB-
99 Broughton
95 Broughton
2650
2780
25608.5m Height line
(dashed red)
FG
FG
FG
FG
New glassbalustrade
New glassbalustrade
Timber awning
Timber awning
Timber awning
Existing northmasonry wall
NEWGARDEN
1600H privacy screento new deck
New timber stairsto new garden
Existing north timberscreen & masonry wall
New timber awning
1600H privacy screento deck
1600H privacy wallto new deck
Demolish exstopening
Outline of existingroof to be demolishedshown dashed
Outline of existing dwelling to be demolishedshown dashed
ATTACHMENT TO IPP04 - 07/02/18 Page 57
SHADOW DIAGRAMS
10a
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 9amWINTER SOLSTICE
Time Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
2 10amWINTER SOLSTICE
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
ATTACHMENT TO IPP04 - 07/02/18 Page 58
SHADOW DIAGRAMS - ELEVATIONS
10b
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 9amWINTER SOLSTICE
Time Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
2 10amWINTER SOLSTICE
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
ATTACHMENT TO IPP04 - 07/02/18 Page 59
SHADOW DIAGRAMS
11a
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 11amWINTER SOLSTICE
Time Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
2 NoonWINTER SOLSTICE
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
ATTACHMENT TO IPP04 - 07/02/18 Page 60
SHADOW DIAGRAMS - ELEVATIONS
11b
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 11amWINTER SOLSTICE
Time Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
2
WINTER SOLSTICE
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
12 noon
ATTACHMENT TO IPP04 - 07/02/18 Page 61
SHADOW DIAGRAMS
12a
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 1pmWINTER SOLSTICE
Time Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
2 2pmWINTER SOLSTICE
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
ATTACHMENT TO IPP04 - 07/02/18 Page 62
SHADOW DIAGRAMS - ELEVATIONS
12b
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 1pmWINTER SOLSTICE
Time Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
2
WINTER SOLSTICE
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
2pm
ATTACHMENT TO IPP04 - 07/02/18 Page 63
SHADOW DIAGRAMS
13a
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 3pmWINTER SOLSTICE
Time Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
ATTACHMENT TO IPP04 - 07/02/18 Page 64
SHADOW DIAGRAMS - ELEVATIONS
13b
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A DA Issue17.08.17
DA ISSUE
B
18.12.17B DA Issue - Additional Information
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
1 3pmTime Altitude Azimuth
9.00am
12 noon
3.00pm
18 deg.
32 deg.
18 deg.
N43E
N
N43W
True
north
43 deg.
43 deg.
SOLSTICE
9.00am
12 noon
3.00pm
35 deg.
55 deg.
35 deg.
N60E
N
N60W
EQUINOX
EXISTING SHADOWS
Extent of existing shadows
cast by dwelling &
boundary fences
SHADOWS CAST
Overall shadows
NEW SHADOWS
Hatch overlay of new
shadows cast on neighbour
by proposed works
NEW SHADOWS
Component of new shadow
cast by first floor works only
WINTER SOLSTICE
NO CHANGE IN SHADOWS CAST
ATTACHMENT TO IPP04 - 07/02/18 Page 65
ATTACHMENT TO IPP04 - 07/02/18 Page 66
ATTACHMENT TO IPP04 - 07/02/18 Page 67
21.11.17
30
06.12.17B Planner review
Client review
C
ELEVATIONS - Amendment summary
18.12.17 DA Issue - Additional InformationC
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA ISSUE
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
First Floor
FFL 19.71
Ridge
RL 22.80
Ground Floor
FFL 16.83
Lower Ground Floor (front)
FFL 14.10
First Floor
FFL 19.71
Ridge
RL 22.80
Ground Floor
FFL 16.83
Lower Ground Floor (rear)
FFL 13.82
Lower Ground Floor (rear)
FFL 13.82
Rear deck
FFL 13.28
Rear deck
FFL 13.28
10001600
1600
1600
Privacy scre
en
Privacy scre
en
Lower deck heightby 540mm
Reduce doorhead by 300mm
1600
Remove high privacyscreen, maintain 1.6m wall
Setback wall fromexisting parapet by 300mm
Privacy w
all
Setback wall fromexisting parapet by 300mm
250mm sill totop of screen
250mm sill totop of screen
Setbackfirst floor
Setdown deck
2230
Windows deleted
630
2230
Reduce height of privacyscreen from 1800 to 1600
1600
1600
Existing balcony for dining/kitchento be changed to bedroom balconythereby decreasing overlookingto all neighbours
Highlight windowto replace verticalwindows
Delete exst timber deck &replace with soft landscaping
Fence line
Fence line
950
Delete storage & line deckin timber rather than stonefor permeability
Pull back Bed 02 wall by 1.0mfrom no.99 building line
B’dry
1 SOUTH ELEVATIONSIDE FACADE
B’dry
B’dry
B’dry
2 EAST ELEVATIONREAR FACADE
ATTACHMENT TO IPP04 - 07/02/18 Page 68
SIGHTLINE ANALYSIS
31
21.11.17
06.12.17B Planner review
Client review
C
18.12.17 DA Issue - Additional InformationC
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA ISSUE
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
EXISTING
1 SECTION -LG DECK 2 SECTION -LG DECKAMENDED
3 SECTION -LG DECKDA SUBMISSION
15.36
12.65
2710
15.36
13.83
1800
13.28
> No privacy from either property > Raised deck with 1.8m privacy screen> New screen provides privacy for LG (no.95)> New screen provides some privacy of new deck
from overlooking from no.95
> Lower raised deck with 1.5m privacy screen> New screen provides privacy for LG (no.95)> New screen decreases the privacy between the
adjacent rear decks> Lower deck position & lower screen height improves
solar access to no.95 but to detriment of privacy
1600
Sun 12
pm @ 21 June
Sun 12
pm @ 21 June
Sun 12
pm @ 21 June
Deck
LivGarden
Liv
Deck
Liv
Deck15.36
Deck
Deck
-
1
Liv
-
2
-
3
Corridor / LivingBedroom
13.79
31
4
31
5
31
6
32
9
32
32
8
7
Sightlin
e
SightlineSightline
Sightline > Sightlines as drawn indicatedownwards looking only
> Sightlines are taken at 400mmaway from the window / screen ata height of 1650mm
NOTESSig
htline
1 LOWER GROUND PLAN-
FFL 13.28
DECK
NEW GARDEN
99 Broughton StLower ground
95 Broughton StLower ground
B’dry
B’dry
B’dry
B’dry
Partially infillexisting courtyard
Walls to bedemolished - dashed
Void
Existin
setbac
960
Ex garden walls
Ex garden walls
Modify ex retaining wallfor new concrete stepsto side path
New door tovoid area
4.2 x 3.9mTD
Ex DP
New sumpto HE details
New sumpto HE details
New deck to replaceexisting timber deck
1600
High level window
RL 11.86Decorative gravel
New fixed glasspanel to exst opening
x TO
W
Ex RL 12.24
x TO
W
Ex RL 13.84
x TO
W
Ex RL 15.84
x ExR
L 12.67
x ExR
L 11.81
x ExR
L 13.3
x ExR
L 13.7
x ExR
L 12.64
x ExR
L 12.14
x ExR
L 14.17
x ExR
L 12.81x E
xRL 12.08
Existing timber stairsto be demolished - dashed
New timber framedstair
250mm capping to 1.6m privacy screen
ATTACHMENT TO IPP04 - 07/02/18 Page 69
Sightline
SIGHTLINE ANALYSIS
32
21.11.17
Sightline
SightlineSightline
Sightline
Sightline
06.12.17B Planner review
Client review
C
Sightli
ne
18.12.17 DA Issue - Additional InformationC
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA ISSUE
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
EXISTING
4 5
AMENDED
6
DA SUBMISSION
> No privacy from either property
SECTION - GND TERRACE SECTION - GND TERRACESECTION - GND TERRACE
> New 1.8m privacy screen to exst terrace> New screen provides privacy for GND (no.95)> New LG (no.97) windows decreases privacy
between dwellings
14.10
16.62
15.36
1800
1600
Liv
Kit Kit
Liv
Kit
Liv
15.36 15.36
Sun 12
pm @ 21 June
Sun 12
pm @ 21 June
Sun 12
pm @ 21 June
Bed
Deck
14.10
Liv
16.83Deck
16.83Deck
Liv14.10
LivingKitchen
-
6
-
4
5
-
30
3
30
1
2
30
32
9
32
7
8
32
Kitchen/
Dining
Bedroom Bedroom
Bedroom Living Living
> Preplace full height windows with highlight window with 1.6m sill> Privacy maintained between properties
> Sightlines as drawn indicatedownwards looking only
> Sightlines are taken at 400mmaway from the window / screen ata height of 1650mm
NOTES
2
ExVERR
GROUND FLOOR PLAN-
95 Broughton StGround
99 Broughton StGround
B’dry
B’dry
B’dry
B’dry
Newdeck below
Relocate timber gateF: paint
DECKFFL 16.83
Ex DP
DP +SPR
DP +SPR
Replace existingpolycarbonateroof with glazed roof
2.9 x 3.0mCT
Newgarden below
10001000
Existing
setback
1820
New stairsto replace existingF: paving
250mm capping to screen
x ExR
L 16.04
x ExR
L 16.00
Bedroom deck toreplace existingkitchen / dining deck
Raise existing metal apron roof
x ExR
L 14.17
Steback of 1m from no.99 building line
ATTACHMENT TO IPP04 - 07/02/18 Page 70
SIGHTLINE ANALYSIS
33
Sightline
21.11.17
06.12.17B Planner review
Client review
C
Sightline
Sightline
Sightline
18.12.17 DA Issue - Additional InformationC
SHEET SCALE DRAWING NO. ISSUE
A3 /
PROJECT
STATUS
DRAWING
Alterations & additions97 Broughton St Kirribilli
1618
A
1:100
DA ISSUE
Bawtree DesignArchitecture + Interiors
Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E nerida@bawtree.com.au
EXISTING
7 8
AMENDED
9
DA SUBMISSION
14.10
16.62
15.36
1800
Bed
Liv Liv
Bed
Liv15.36 15.36
Liv
Liv 16.83Bed
16.83Bed
Sightline
SECTION - FIRST TERRACE SECTION - FIRST TERRACE SECTION - FIRST TERRACE
19.71Deck Deck
19.71
14.10
Liv14.10
Liv
1600
Bed
Roof
-
9
-
7
8
-
31
6
31
4
5
31
30
3
30
1
2
30
Sun 12
pm @ 21 June
Sun 12
pm @ 21 June
Sun 12
pm @ 21 June
Exst
window
Existing
setback
Existing
setback
> Sightlines as drawn indicatedownwards looking only
> Sightlines are taken at 400mmaway from the window / screen ata height of 1650mm
NOTES
Sightline
950
420
395
1
-
FIRST FLOOR PLAN
DECK
99 Broughton StFirst Floor
95 Broughton StRoof
B’dry
B’dry
B’dry
B’dry
99 Broughtondeck
Align withAlign with
99Broughton
MR
1820
Existing
setback
New metal roof overinsulation on timber framing
Deckbelow1.8 x 3.2m
CT
950
ATTACHMENT TO IPP04 - 07/02/18 Page 71
Urbanesque Planning Pty Ltd Suite 16, 895 Pacific Highway Pymble NSW 2073
PO Box 6141 Pymble NSW 2073
T +612 9440 8900 E mail@urbanesque.com.au
www.urbanesque.com.au
ABN 91 121 122 601
General Manager North Sydney Council 200 Miller Street NORTH SYDNEY NSW 2060 24 January 2018 AMENDED CLAUSE 4.6 VARIATION - HEIGHT OF BUILDING CLAUSE 4.3(2) NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013 ALTERATIONS AND ADDITIONS TO EXISTING DWELLING – 97 BROUGHTON STREET KIRRIBILLI BACKGROUND
This Clause 4.6 variation is a written request to vary a development standard to support a development application for alterations and additions to the existing dwelling at 97 Broughton Street Kirribilli. The proposed building has a height of 8.9m. The North Sydney Local Environmental Plan 2013 (LEP2013) specifies a maximum building height of 8.5m for development in the R3 Medium Density Residential zone. The variation is considered minor (0.4m departure from the standard) and affects a very small part of the proposed dwelling. (Refer to Figure 1). Clause 4.3(2) of the LEP states:-
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The above numerical standard is identified as a development standard which requires a variation under Clause 4.6 of the LEP to enable the granting of consent to the development application. Under this application the exceedance in building height is 0.4m, or 4.7% (0.4/8.5 x 100) if the variance is expressed as a percentage.
Figure 1: Extract from accompanying architectural plans demonstrates the height exceedance.
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97 Broughton Road, Kirribilli Page 2
PURPOSE OF CLAUSE 4.6 The Standard Instrument LEP contains its own variations clause (Clause 4.6) to allow the variation of development standards. Clause 4.6 of the Standard Instrument is similar in tenor to the former State Environmental Planning Policy No. 1, however the variations clause contains considerations which are different to those in SEPP 1. The language of Clause 4.6(3)(a)(b) suggests a similar approach to SEPP 1 may be taken in part. There is recent judicial guidance on how variations under Clause 4.6 of the Standard Instrument should be assessed. These cases are taken into consideration in this request for variation. OBJECTIVES OF CLAUSE 4.6 The objectives of Clause 4.6 are as follows:-
(a) To provide an appropriate degree of flexibility in applying certain development standards
to particular development, and
(b) To achieve better outcomes for and from development by allowing flexibility in particular
circumstances.
ONUS ON APPLICANT
Clause 4.6(3) provides that:-
Consent must not be granted for development that contravenes a development standard
unless the consent authority has considered a written request from the applicant that seeks
to justify the contravention of the development standard by demonstrating:-
(a) That compliance with the development standard is unreasonable or unnecessary in the
circumstances of the case, and
(b) That there are sufficient environmental planning grounds to justify contravening the
development standard.
JUSTIFICATION OF PROPOSED VARIANCE
There is jurisdictional guidance available on how variations under Clause 4.6 of the Standard Instrument should be assessed in Samadi v Council of the City of Sydney [2014] NSWLEC 1199. Paragraph 27 of the judgement states:-
Clause 4.6 of LEP 2013 imposes four preconditions on the Court in exercising the power
to grant consent to the proposed development. The first precondition (and not
necessarily in the order in cl 4.6) requires the Court to be satisfied that the proposed
development will be consistent with the objectives of the zone (cl 4.6(4)(a)(ii)). The
second precondition requires the Court to be satisfied that the proposed development
will be consistent with the objectives of the standard in question (cl 4.6(4)(a)(ii)). The
third precondition requires the Court to consider a written request that demonstrates
that compliance with the development standard is unreasonable or unnecessary in the
circumstances of the case and with the Court finding that the matters required to be
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97 Broughton Road, Kirribilli Page 3
demonstrated have been adequately addressed (cl 4.6(3)(a) and cl 4.6(4)(a)(i)). The
fourth precondition requires the Court to consider a written request that demonstrates
that there are sufficient environmental planning grounds to justify contravening the
development standard and with the Court finding that the matters required to be
demonstrated have been adequately addressed (cl 4.6(3)(b) and cl 4.6(4)(a)(i)).
Precondition 1 - Consistency with zone objectives
The land is located in the R3 – Medium Density Residential zone. The objectives of the R3 zone are:-
1. To provide for the housing needs of the community within a medium density residential environment.
2. To provide a variety of housing types within a medium density residential environment.
3. To enable other land uses that provide facilities or services to meet the day to day needs of residents.
4. To encourage the development of sites for medium density housing if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area.
5. To provide for a suitable visual transition between high density residential areas and lower density residential areas.
6. To ensure that a high level of residential amenity is achieved and maintained
Comments
The proposed development satisfies the above objectives in the following manner:-
1. The proposal seeks for alterations and additions to an existing dwelling. The proposal will not
necessarily provide for the housing needs of the community; however will provide a more
functional home for the occupants.
2. The proposal will contribute to the provision of a variety of housing types through the
provision of a more functional dwelling.
3. The proposal will not prevent the provision of other facilities or services to meet the day to day needs of residents.
4. This objective is not considered applicable as the development involves alterations and
additions to an existing dwelling, which form part of a row of terrace housing.
5. The existing terrace housing provides a suitable transition between high density residential
areas and lower density areas.
6. The proposal protects the amenity of residents as the proposal generally achieves complaint setbacks and will not result in unreasonable overshadowing or overlooking to neighbouring properties.
Precondition 2 - Consistency with the objectives of the standard
The customary and accepted approach to sustaining variations to development standards is to assess
the proposed variance against the relevant objectives of the particular development standard. In this
case the objective of the height of buildings control is articulated at Clause 4.3(1) of the LEP2013 as
follows:-
(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient,
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(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 to promote solar access for future development,
(d) to maintain privacy for residents of existing dwellings and to promote privacy for residents of new buildings,
(e) to ensure compatibility between development, particularly at zone boundaries,
(f) to encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area
Considering the terms of the stated objectives, we say in support of the variance:-
• The proposed alterations and additions complement the existing topography of the site.
• The proposed addition will not hinder the attainment of views from adjoining
properties. This is discussed within the accompanying Statement of Environmental
Effects.
• The privacy of adjoining residents will be appropriately maintained, as discussed within
the accompanying Statement of Environmental Effects.
• The proposed addition and resultant height is compatible with adjoining development,
as demonstrated by the accompanying architectural plans. It is noted that similar
additions exist, which are of a consistent height, within the row of terrace housing within
which the dwelling is contained.
• The subject site is located within the Kirribilli Planning Area, more specifically the Kirribilli Neighbourhood. The proposal is consistent with the Desired Future Character and Built Form of the Kirribilli Planning Area for the following reasons:
• The proposed alterations and additions will be compatible with the surrounding area, in particular the terrace housing along the section of Broughton Street, where the subject site is located.
• The dwelling will largely remain intact when viewed from Broughton Street.
• The proposal will not result in an increase in density.
• The proposal is largely consistent with Part B – Section 1 of the North Sydney
Development Control Plan.
For these reasons we conclude that the development meets the objectives of the standard and
achieves a meritorious and supportable environmental planning outcome.
Precondition 3 - To a consider a written request that demonstrates that compliance with the
development standard is unreasonable or unnecessary in the circumstances of the case
Compliance with the development standard for building height is unreasonable. The existing dwelling
already exceeds the maximum height limit and the proposal does not involve an exceedance greater
than this (Refer Figure 2 below). The proposed 0.4m (4.7%) height variation is considered minor and
indiscernible when viewed from the streetscape, as well as surrounding properties.
The proposed addition and resultant height is compatible with adjoining development, as
demonstrated by the accompanying architectural plans. It is noted that similar additions exist, which
are of a consistent height, within the row of terrace housing within which the dwelling is contained.
Additionally, the appearance of the and the overall height of the dwelling will remain unchanged when
viewed form the street, as demonstrated by the accompanying architectural plans.
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Figure 2: This highlights the level of exceedance as a result of the propose addition.
Precondition 4 – To consider a written request that demonstrates that there are sufficient
environmental planning grounds to justify contravening the development standard and with the
Court [or consent authority] finding that the matters required to be demonstrated have been
adequately addressed
In the recent ‘Four2Five’ judgement (Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90), Pearson C outlined in her judgement that a Clause 4.6 variation requires identification of grounds that are particular to the circumstances to the proposed development. That is to say that simply meeting the objectives of the development standard is insufficient justification of a Clause 4.6 variation. It should be noted that a Judge of the Court, and later the Court of Appeal, upheld the Four2Five decision but expressly noted that the Commissioner’s decision on that point (that she was not “satisfied” because something more specific to the site was required) was simply a discretionary (subjective) opinion which was a matter for her alone to decide. It does not mean that Clause 4.6 variations can only ever be allowed where there is some special or particular feature of the site that justifies the non-compliance. Whether there are “sufficient environmental planning grounds to justify contravening the development standard” is something that can be assessed on a case by case basis and is for the consent authority to determine for itself. The recent appeal of Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 is to be considered. In this case the Council appealed against the original decision, raising very technical legal arguments about whether each and every item of clause 4.6 of the LEP had been meticulously considered and complied with (both in terms of the applicant’s written document itself, and in the Commissioner’s assessment of it). In February of this year the Chief Judge of the Court dismissed the appeal, finding no fault in the Commissioner’s approval of the large variations to the height and FSR controls. While the judgment did not directly overturn the Four2Five v Ashfield decision an important issue emerged. The Chief Judge noted that one of the consent authority’s obligation is to be satisfied that “the applicant’s written request has adequately addressed ...that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case …and that there are
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sufficient environmental planning grounds to justify contravening the development standard.” He held that this means:
“the Commissioner did not have to be satisfied directly that compliance with each development standard is unreasonable or unnecessary in the circumstances of the case, but only indirectly by being satisfied that the applicant’s written request has adequately addressed the matter in subclause (3)(a) that compliance with each development standard is unreasonable or unnecessary”.
Accordingly in regards to the proposed development at 97 Broughton Street Kirribilli, the following environmental planning grounds are considered to be sufficient to allow Council to be satisfied that a variation to the development standard can be supported:-
• The existing dwelling already exceeds the maximum height limit and the proposal does
not involve an exceedance greater than this.
• The proposal is meritorious in that it is generally compliant with Council’s controls and
the variance is minor.
• In order to retain the aesthetic qualities and integrity of the architectural design a
variation is proposed. The roofline of the proposed addition provides a logical extension
from the existing roof form, which is consistent with surrounding properties.
• A lower pitched roof is likely to result in a non-compliant floor to ceiling height for a
habitable room.
• The variation to the building height is inconsequential as it is of negligible impact to the
streetscape and the amenity of neighbouring properties. The above are the
environmental planning grounds which are the circumstance which are particular to the
development which merit a variation to the development standard.
In the Wehbe judgment (Wehbe v Pittwater Council [2007] NSWLEC 827), Preston CJ expressed the
view that there are 5 different ways in which a SEPP 1 Objection may be well founded and that
approval of the Objection may be consistent with the aims of the policy. These 5 questions may be
usefully applied to the consideration of Clause 4.6 variations:-
1. the objectives of the standard are achieved notwithstanding non-compliance with the standard;
Comment: Yes. Refer to comments under ‘Justification’ above which discusses the
achievement of the objectives of the standard.
2. the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;
Comment: It is considered that the purpose of the standard is relevant but the purpose
is satisfied.
3. the underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;
Comment: Compliance does not defeat the underlying object of the control however
compliance would prevent the approval of an otherwise supportable development.
Development standards are not intended to be applied in an absolute manner.
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4. the development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;
Comment: Not applicable.
5. the zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.
Comment: The development standard is applicable to and appropriate to the zone.
CONCLUSION
The proposal produces an appropriate development outcome. It is important to note that the existing
dwelling already exceeds the maximum height limit and the proposal does not involve an exceedance
greater than this. The proposed height variation is 0.4m (4.7%), which is minor and indiscernible when
viewed from the streetscape, as well as surrounding properties. Overall design is of good architectural
quality.
As there is no material impact on adjoining properties or the public domain arising from the variation to the building height development standard and the objectives of the control are satisfied, it is considered that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. Therefore, we request that council support the variation on the basis that there are sufficient environmental planning grounds to justify a variance to the development standard.
Lauren Saunders
Urbanesque Planning Pty Ltd
ATTACHMENT TO IPP04 - 07/02/18 Page 78
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