item - reports · 1502.1a 27 nov 2015 glenn murcutt lfraia architect 19 february 2016 1502.2a 27...

Item ____IPP04_______ - REPORTS -______04/05/2016_________

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

NSIPP MEETING HELD ON 04/05/16

Attachments:

1. Site Plan

2. Architectural Drawings

3. Clause 4.6 Variation

4. Bushfire Report

ADDRESS/WARD: 2/6 Rowlison Parade, Cammeray (TU)

APPLICATION No: DA44/16

PROPOSAL: Alterations and additions to an existing dual occupancy.

PLANS REF: Drawing No. Date Drawn By Received On

16115-01 11.08.2015 Bee & Lethbridge 19 February 2016

1502.1A 27 Nov 2015 Glenn Murcutt Lfraia Architect 19 February 2016 1502.2A 27 Nov 2015 Glenn Murcutt Lfraia Architect 19 February 2016 1502.3A 27 Nov 2015 Glenn Murcutt Lfraia Architect 19 February 2016 East-Entry Site - Glenn Murcutt Lfraia Architect 22 February 2016

OWNER: Elizabeth Coral Thomson

APPLICANT: Samuel David Pinczewski

AUTHOR: Report of Judith Elijah | Student Town Planner

DATE OF REPORT: 20 April 2016

DATE LODGED: 19 February 2016

RECOMMENDATION: Approval

Report of Judith Elijah, Student Town Planner

Re: 2/6 Rowlison Parade, Cammeray

EXECUTIVE SUMMARY

This development application seeks development approval for alterations and additions to an

existing dual occupancy involving the construction of an additional level to the upper floor

(dwelling 2) including an additional bedroom with an ensuite and study.

The application is referred to the North Sydney Independent Planning Panel for

determination because the variation sought to the building height development standard is

greater than 10%, which requires determination of the application by the Panel in

accordance with the directions from the NSW Department of Planning and Environment.

Council’s notification of the proposal has attracted two (2) submissions in support of the

proposed development.

The assessment of the application has considered the relevant development standards and

controls and generally found to be satisfactory in the site circumstances.

The clause 4.6 submission seeking a variation to the building height development standard is

considered to be well founded because the building elements above the maximum building height

are unlikely to cause adverse amenity impacts for the adjoining properties in terms of view loss

or overshadowing. Furthermore, the property is surrounded by bushland containing significant

vegetation that would screen the additional level visible from the streetscape.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is

considered to be satisfactory and recommended for approval.

Re: Unit 2, 6 Rowlison Parade, Cammeray -DA44l16

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DESCRIPTION OF PROPOSAL

The applicant seeks approval for alterations and additions to an existing dual occupancy. The

proposed works are summarised below:

(a) Construction of an additional upper level for dwelling 2 to provide an additional bedroom

and study.

(b) Construction of a staircase on the western side to connect the two levels of the dwelling.

(c) Relocation of the existing solar panels to accommodate the proposed development.

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R2 (Low Density Residential)

Item of Heritage – No.

In Vicinity of Item of Heritage – No.

Conservation Area – No

FSBL - No

Environmental Planning & Assessment Act 1979

SREP (Sydney Harbour Catchment) 2005

SEPP 19 – Bushland in Urban Areas

SEPP 55 – Remediation of Land

SEPP (Building Sustainability Index: BASIX) 2004

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The site is situated within an R2 Low Density Residential Zone and is known as 6 Rowlison

Parade, Cammeray. The site has been subdivided into two (2) strata lots being lots 1 and 2 in

SP81011 with the subject unit (unit 2) occupying the upper two levels of the dwelling. The site is

approximately 616.1m2 and the development is located below street level and heavily screened by

existing vegetation on the southern side of the site. The property supports an existing dual

occupancy that is rendered with a metal roof. Parking within the garage on site is assisted by a

metal turntable.



Figure 3: Aerial view of the subject site and surrounding development.

(Source: Nearmap, accessed 15/04/2016)

Figure 4: Council’s zoning map.

The site has a steep slope to the north towards Tunks Park. The northern part of the site is

bushfire prone land – vegetation category 2, and the southern part of the site, where the works are

proposed is bushfire prone land – vegetation buffer (refer to figure 5).



Figure 5: Council’s Bushfire Prone Lands map showing the subject site as bushfire prone

land within the buffer zone.

The dwelling is not a heritage item and is not located within a conservation area. However, the

site contains a significant amount of vegetation and is identified as a bushland buffer area that is

within 100m of bushland (refer to figure 6 below).

Figure 6: Council’s Bushland Buffer Map identifying the site as being within 100m of

bushland.

RELEVANT HISTORY

Previous Applications:

A search of Council records has revealed the following relevant development history for the site:



Date Action

17 October 2005 Development Application DA268/05 for the demolition of the existing

dwelling and carport and the construction of a dual occupancy was granted

deferred commencement approval on 17 October 2005.

21 May 2008 Development Application DA194/08 was approved on 21 May 2008 for

the strata subdivision of the site into two (2) lots.

Current Application:

The history of the subject application is summarised below:

Date Action

19 February 2016 Development Application DA44/16 (the subject application) was lodged

with Council.

29 February 2016 A “Stop the Clock” letter was issued to the applicant requesting additional

information including:

A revised Statement of Environmental Effects

A Clause 4.6 submission seeking a variation to the building height

control

Amended architectural plans that detail the existing floor plans for

Units 1 and 2 at No. 6 Rowlison Parade.

An Arborists report

4 March 2016 The subject application was notified to adjoining properties and the Bay

Precinct inviting comment between 4 March 2016 and 18 March 2016.

Two (2) submissions were received in support of the application.

12 April 2016 The applicant submitted the additional information and amended

architectural plans as requested in Council’s letter dated 29 February 2016.

REFERRALS

Building

The proposed works as the subject of this application have not been assessed in accordance with

compliance with the Building Code of Australia. This would need to be undertaken prior to the

issue of a Construction Certificate. Should significant changes be required to achieve compliance

with BCA standards, a Section 96 application would be necessary.

Engineering/Traffic

The application was referred to Council’s Development Engineer who held no objection to the

proposal subject to the imposition of relevant conditions (see Conditions B1, C2, C4, C8, C9,

C10, C13, E4, E5, E14, E15, G3).

Bushland Management

The application was referred to Council’s Bushland Management Coordinator who agreed with

the recommendations in the bushfire report prepared by TFC The Fire Consultants, received by

Council on 19 February 2016. The proposed works are located within the existing building

footprint so there is no change to the existing landscaping across the site.



Aboriginal Heritage Management

The application was referred to the Aboriginal Heritage Office (AHO) who made the following

comments:

“There are known Aboriginal sites in the area. However, no sites are recorded in the

current development area and much of the area has been subject to previous disturbance

reducing the likelihood of unrecorded Aboriginal sites.The proposal will not impact any

rocky outcrops.”

Landscaping

The application was referred to Council’s Landscape Development Officer who supported the

proposed pruning of the Jacarandah tree subject to an appropriate condition of consent to

maintain its integrity. (see condition C12).

SUBMISSIONS

The subject application was notified to adjoining properties and the Bay Precinct inviting

comment between 04 March 2016 and 18 March 2016. Two (2) submissions were received in

support of the application.

CONSIDERATION

The relevant matters for consideration under relevant sections of the Environmental Planning

and Assessment Act 1979, are assessed under the following headings:

Section 79BA of the EPA Act - Consultation and development consent—certain bush

fire prone land

The provisions of Section 79BA of the Environmental Planning and Assessment Act 1979 and

Section 272 of the Regulations requires Council to consider the prescribed document entitled

Planning for Bush Fire Protection, dated December 2006. Council is satisfied that the proposed

development is in accordance with the requirements within this document and that this

requirement has been satisfactorily addressed in the Bushfire Report prepared by TFC The Fire

Consultants, received by Council on 19 February 2016, submitted with the application (see

condition C1).

Section 273 (Regulations) – Development excluded from application of requirements

relating to bush fire prone land

Section 273 of the regulations for the Environmental Planning and Assessment Act 1979 also

requires Council to consider the impacts of bushfire upon development on bushfire prone land.

However, the aforementioned section of the Regulations relates to urban release areas not land

within an established urban area. Consequently, this section of the regulations does not strictly

apply to the development.



SREP (Sydney Harbour Catchment) 2005

Having regard to the SREP (Sydney Harbour Catchment) 2005, and the Sydney Harbour

Foreshores and Waterways Area DCP 2005, the proposed development is not considered to be

detrimental to water quality due to the nature of the proposal and will not unduly impose upon

the character of the foreshore given that the proposed works would not be visible from the

Harbour. As such, the development satisfies the provisions contained within the above SREP and

the Sydney Harbour Foreshores and Waterways DCP 2005.

SEPP 19 Bushland in Urban Areas

The provisions of SEPP 19 require Council to assess the protection and preservation of bushland

within urban areas. The application is considered unlikely to impact upon the surrounding

bushland as the proposed works are within the existing building envelope. The proposal is

anticipated to protect the quality of bushland on the site and retain the visual quality of the

landscape given that the proposed additional level would be significantly screened from the

streetscape by existing vegetation on the site. Therefore, the requirements of the above SEPP

have been satisfactorily addressed.

SEPP 55 Remediation of Land

The provisions of SEPP 55 require Council to consider the likelihood of land contamination and

any remediation necessary to rehabilitate the site. Council’s records indicate that the site has

previously been used for residential development and as such is unlikely to contain any

contamination; therefore the requirements of the above SEPP have been satisfactorily addressed.

SEPP (Building Sustainability Index: BASIX) 2004

A suitable BASIX Certificate has been submitted with the application (A237610_03). A

condition is recommended requiring compliance with the commitments contained in the

certificate (refer to Condition C14 and G7).

NORTH SYDNEY LEP 2013

Principal Development Standards – North Sydney Local Environmental Plan 2013

Compliance Table Site Area – 461.7m² Proposed Control Complies

Clause 4.3

Heights of Building

Southern Elevation

12.4m

Northern Elevation

9.45m

8.5m

NO

Clause 4.6 submission lodged with

Council

Clause 6.6

Minimum lot size for

dual occupancies

616.1m2

(existing) 450m

2 YES

1. Permissibility within the zone:

The subject site is zoned Residential R2 (Low Density Residential) under the provisions of the

North Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of

alterations and additions to an existing dwelling is permissible with the consent of Council.



2. Objectives of the zone

The objectives of the zone are stated below:

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

environment.

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

residents.

• To encourage development of sites for low density housing, including dual occupancies,

if such development does not compromise the amenity of the surrounding area or the

natural or cultural heritage of the area.

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

It is considered that the proposed alterations and additions to the existing dual occupancy would

ensure that a high standard of residential amenity is achieved and maintained for the residents of

the subject dwelling.

The subject site is surrounded by bushland as such there will be no loss of privacy or solar access

to adjoining properties. By virtue of the steep topography of the site and the dense vegetation at

the front of the site, there will be no view loss for the properties on the upper side of Rowlison

Parade.

Therefore, it is considered that the proposal would not compromise the amenity of its bushland

setting and would enhance views for the residents of the existing dwelling to Tunks Park. The

proposal is likely to achieve the planning objectives for an R2 – Low Density Residential zone.

3. Building Heights

The maximum permissible building height for the subject site is 8.5m pursuant to Clause 4.3(1)

of NSLEP 2013. The existing and proposed building heights for the dual occupancy vary across

the site and are summarised in the table below:

Table 2: Compliance with Council’s Maximum Building Height Control (8.5m)

Existing Proposed Complies Variation

10.5m 12.4m No 45.88%



Figure 7: Existing and proposed building heights having regard to the permitted building

height limit and the topography of the land.

As demonstrated in the above table, the maximum overall height of the dual occupancy with the

construction of the proposed additional level would be 12.4m, which breaches the LEP maximum

building height control by 3.9m. The applicant has submitted a written request seeking a

variation to the building height development standard 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: -

(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 development has been stepped to follow the natural topography of

the site. The proposed addition assists in providing further stepping in the

development. The addition has limited visibility from the streetscape and adjoining

properties given that the development would be screened by the existing mature trees

and vegetation at the front of the site. Therefore, it is considered that the design of

the proposal would still respect the natural landform.

8.5m

BUILDING HEIGHT

LIMIT

10.5m

Existing Height

12.4m

Proposed Height



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

Both dwellings at the subject site enjoy direct views to Tunks Park. The additional

level to dwelling 2 will provide improved views to the park and surrounding

bushland for the enjoyment of the residents without causing view loss for higher

properties on Rowlison Parade given that dwelling 2 at No. 6 Rowlison Parade

would sit below street level.

No’s. 11 and 13 Rowlison Parade

These properties are unlikely to experience view loss of Tunks Park and surrounding

bushland from the existing balcony at No. 11 Rowlison Parade that is located 4.67m

above the proposed height of the addition while the terrace at No. 13 Rowlison

Parade would be located 2.75m above the proposed addition.

Given the topography of the site and dense vegetation, the proposed addition would

not be highly visible from Nos. 11 and 13 Rowlison Parade nor would it result in any

material view loss of Tunks Park and the surrounding bushland.

Figure 8: View of the subject site from No’s. 11 and 13 Rowlison Parade.

As detailed above, the proposed breach of the building height limit is unlikely to

result in any adverse view impacts for surrounding developments.



(1)(c) To maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access to future development

The subject site adjoins bushland to the east and west and together with the slope of

the land there would be no overshadowing impacts for any surrounding residential

properties.

Figure 9: View to the east from the

rear of the subject site.

Figure 10: View to the west from the

rear of the subject site.

Figure 11: View to the north towards Tunks Park from the rear of the subject

site.

(1)(d) To maintain privacy for residents of existing dwelling and to promote privacy for

residents of new buildings

A large window is proposed on the northern (rear) elevation of the addition

overlooking the roof of the dwelling below (dwelling 1). This window is within the

stairwell and study that are not considered to be active living spaces so there would

be no privacy loss caused by this window. Therefore, it is considered that the privacy

for the residents of dwelling 1 and 2 of the subject site would be maintained as there

is limited opportunity for overlooking as a result of the proposed development. No

dwellings are located to the north, east or the west of the subject site so there would

be no overlooking arising from this window. Given that dwelling 2 is located below

street level there would be no privacy loss for the dwellings on the upper side of

Rowlison Parade.



(1)(e) To ensure compatibility between development, particularly at zone boundaries

The subject site is surrounded by bushland. The stepped building is considered to be

acceptable as it will not be visible from the public domain.

(1)(f) To encourage an appropriate scale and density of development that is in

accordance with, and promotes the character of the area

The site is considered to be isolated and would maintain its own development

desnity, bulk, scale and residential character that would be of an acceptable built

form within its bushland setting.

Whether there are sufficient planning grounds to justify contravening the development

standard?

The variation to the permissible building height as dictated by Council’s LEP control is

considered to be acceptable given the site context. The dual occupancy is stepped down the site

to respect the topography of the land and would only be partially visible from the public domain

as there is significant vegetation on site. There are no dwellings on the adjoining properties to the

east and west of the subject site and there would be no amenity loss for upper dwellings in

Rowlison Parade with the significant existing vegetation. Given that the site is isolated within a

bushland setting, the building would maintain its own built form character that is suitable for its

context. Consequently, there are sufficient environmental planning grounds to justify

contravening the building height control.

Whether the proposed development will be in the public interest?

The proposed development will provide improved amenity for the residents of dwelling 2 and

maintain residential amenity for surrounding properties. The proposal is considered to be in the

public interest.

It is concluded that the proposal would have no material impact on neighbouring properties in

terms of the characteristic built forms within the R2 – Low Density Residential zone and the

general amenity of adjoining bushland and public reserves on E2 – Environmental Conservation

zoned land. Having regard to the above, the request under Clause 4.6 of NSLEP 2013 seeking a

variation to the LEP building height control is considered well-founded and strict compliance

with the standards is unnecessary.

7. Preservation of Trees or Vegetation (Clause 5.9)

Pursuant to Clause 5.9 of NSLEP 2013, the application is considered to preserve the amenity of

the area through the preservation of trees and vegetation on site. The proposal does not involve

the removal of any tree. A condition is recommended requiring the pruning of the Jacarandah tree

to be undertaken by a qualified arborist (see condition C12). The proposal is considered

satisfactory in preserving the amenity of the trees and vegetation on site.



Figure 12: Jacarandah tree to be pruned to accommodate the proposed development.

9. Heritage Conservation (Clause 5.10)

The subject property is not within a heritage conservation area and is not a heritage item.

10. Dual Occupancies (Clause 6.6)

The development generally follows the topography of the site and would not be visible from the

public domain, given the significant vegetation at the front of the site. The property has a total

site area of 616.1m2 which meets the minimum requirement of 450m

2. The site is not a heritage

item and is not within a conservation zone. Therefore, the proposal would maintain the landscape

setting and form of the existing dwelling and is considered to be an appropriate form of

development that meets the objectives of Clause 6.6 of NSLEP 2013 for dual occupancies.

11. Earth Works (Clause 6.10)

No earthworks are proposed as a result of the development therefore, clause 6.10 is not strictly

applicable to the 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 site has a steep slope from the Rowlison Parade frontage to the rear of

the property and Tunks Park. The existing dual occupancy is constructed

using a stepped form that is respectful of the topography of the site. The

proposed additional level to the southern portion of the existing dual

occupancy would have no impact upon the topography of the property and

would maintain its natural landform.

Proximity to Bushland

Yes

The subject site adjoins Tunks Park and its associated bushland land that is

within an E2 – Environmental Conservation zone. The proposal is

considered to be compatible with Council’s Bushland Plan of Management

and other relevant legislation and policies. The proposed development

would maintain existing ground levels of the adjoining E2 Environmental

Conservation zone. For further detals, please see below for an assessment

under Part B Section 15 - Bushland of the proposal.

Bush Fire Prone Land

Yes

The subject site is currently mapped as a bushfire buffer zone and bushfire

prone land. The existing dwelling is situated within the bushfire buffer area

and the proposal is considered to be compliant with the requirements of the

Rural Fire Service’s Planning for Bush Fire Protection (2006) guidelines.

Furthermore, Council’s Bushland Management Officer has assessed the

Bushfire Assessment and raised no objections. The proposed addition is

recommended to be built to the following BAL ratings:

BAL – 29 on the northern and western elevations.

BAL – 19 on the southern and eastern elevations.

The proposal is therefore considered to satisfy the requirements of AS3959-

2009 and would minimise the risk of harm to persons residing within the

dwelling. Furthermore, the proposal would add a level of protection to the

property in the event of a bushfire.

Foreshore Frontage N/A The property is not situated within the harbour foreshore.

Views

Yes

As outlined in the character statement in NSDCP 2013 Part C Section 4.2

for the Cammeray Neighbourhood, the site has direct views to Tunks Park.

The dual occupancy has been constructed to step down the site, following

the sloping topography of the land. The proposed addition would be

significantly screened by the dense vegetation on the Rowlison Parade

streetscape. Furthermore, given the topography of the site, the proposal

would have no material impact upon views from unit 1 within the existing

dual occupancy on the subject site or upper properties in Rowlison Parade.

Please refer to the discussion under point (1)(b) of Clause 4.6 Exceptions to

Development Standards with regards to sharing of views for further

comments.

Solar Access

Yes

As the site has a north to south orientation and adjoins bushland on the

eastern and western elevations, no impacts upon solar access are anticipated

as there are no other dwellings in close proximity to the site and the

proposal is largely contained within the existing building footprint. Please

refer to the discussion under point (1)(c) of Clause 4.6 Exceptions to

Development Standards with regards to maintaining solar access for

further comments.

Acoustic Privacy

Yes

Acoustic privacy would be maintained for the residents of the subject unit

(unit 2) and the residents of unit 1 of the dual occupancy given that the

additional level would create an additional bedroom, a study, bathroom and

staircase. These areas are considered to be passive spaces and are not

anticipated to generate an excess of residential noise.

Visual Privacy Yes

Please refer to the discussion under point (1)(d) of Clause 4.6 Exceptions to

Development Standards with regards to maintaining visual privacy.

1.4 Quality built form

Context

Yes

The proposed additional level would maintain the existing site layout. The

design of the additional level is considered to be characteristic of the

existing built form of the dual occupancy. The exceedence of the maximum

building height control is suitable for the context of the dwelling given that

the property is situated within bushland and is screened by existing trees and

vegetation on site (see figure 13). The proposal is therefore considered

acceptable in its site context.



Figure 13: Aerial view of the subject site and surrounding

development.

(Source: Nearmap, accessed 19/04/2016)

Subdivision Pattern N/A

The proposal would not change the subdivision pattern of the subject site

and the locality.

Streetscape

Yes

The proposal is unlikely to cause any loss and/or damage to public

infrastructure as the proposed works are for the construction of an additional

level to the existing dual occupancy. The proposed addition would not cause

a detrimental impact upon the streetscape as the site has a sloping

topography and majority of the proposed works would be screened by the

existing bushland and significant vegetation surrounding the dwelling.

Therefore, the proposal, including its variation to the maximum building

height control is considered acceptable within the site context and would not

adversely impact upon the Rowlison Parade streetscape.

Figure 14: Partial view of the existing dwelling from Rowlison Parade.

Siting Yes The proposal would not alter the siting of the dwelling on the land.

Setback – Side Yes

No alterations to the existing setbacks are proposed as part of this

application.

Setback - Rear Yes See comments above.

Form Massing Scale

Yes

The site is considered to be isolated and would maintain its own

development density, bulk, scale and residential character that would be of

an acceptable built form within its setting in a bushland area.

Built Form Character

Yes

The site is surrounded by bushland and the proposed development would

have limited visibility from the Rowlison Parade streetscape. The proposal

would remain compatible with the surrounding E2 – Environmental

Conservation zone as no trees or vegetation are proposed for removal with

the exception of the proposed pruning of two (2) branches of the Jacaranda

tree to accommodate the development. The site is isolated within a bushland

setting and the development maintains its own character that is considered

to be compatible with its surrounds and suitable for its site context.

Dwelling Entry N/A The dwelling entry would not change with the proposal.



Roofs

Yes

The new curved roof form would complement the character of the existing

roof form and would not be highly visible with the steep slope of the land

towards Tunks Park. Furthermore, the curved roof is considered suitable for

the dwelling, given that the site is highly vegetated and located within 100m

of bushland.

Figure 15: Existing curved roof of the subject dwelling to be

demolished to accommodate the proposal.

Colours and Materials

Yes

The colours and materials that are to be used to construct the addition to

unit 2 would match existing. Nevertheless, it is recommended that a

condition be imposed to ensure that appropriate colours and materials are

used that are respectful of its bushland setting (see condition C6).

Front Fences N/A The proposal does not include works to the front fence of the property.

1.5 Quality Urban Environment

High Quality Residential

Accommodation Yes

The additional level will support an extra bedroom with an ensuite and a

study and is therefore considered to provide high quality residential

accommodation and internal amenity for the residents of unit 2 of the dual

occupancy.

Safety and Security Yes The proposal would not compromise the safety and security of the site.

Vehicle Access and Parking Yes

No changes to the existing parking arrangement are proposed and the

proposal is not anticipated to alter this situation.

Site Coverage

Yes

The proposal would have no impact upon site coverage as the additional

level is to be constructed largely within the existing building footprint of the

dwelling.

Landscape Area

Yes

Similarly, no changes to landscaping are proposed as the application is for

alterations and additions to the existing dwelling within the existing

building envelope.

Excavation

N/A

No excavation works are proposed given that the proposal is for the

construction of an additional level that is largely within the existing building

footprint of the current dual occupancy.

Landscaping

Yes

No alterations to the existing landscaping are proposed however, the

proposed development would occur within 100m of adjoining bushland. It is

considered that the proposal would maintain the existing buffer between

surrounding bushland and the development and would encourage

biodiversity conservation and ecological processes on site. All trees and

vegetation on site is to be retained and the proposal would not disturb the

natural topography of the site. Therefore, the proposal is considered

satisfactory in maintaining appropriate landscaping of the subject site and

surrounds.

Front Gardens N/A No change is proposed to the existing front garden.

Private and Communal Open

Space Yes

No change is proposed to the existing private and communal open spaces on

site.

Garbage Storage

Yes

The proposal would have no impact upon the existing garbage storage areas

given that the proposed work is for the construction of an additional level

within the building footprint of the existing dual occupancy.

Site Facilities Yes The proposal would have no impact upon the existing site facilities.

1.6 Efficient Use of Resources

Energy Efficiency Yes

The applicant has submitted a valid BASIX Certificate to demonstrate the

efficient use of resources on the site.



DEVELOPMENT CONTROL PLAN 2013 – Part B Section 15- Bushland

Complies Comments

15.2 Building and Siting

Siting and Design

Yes

The proposed development is considered to be appropriately sited largely

within the existing building footprint of the dual occupancy. The site

adjoins land zoned E2 – Environmental Conservation and the addition is

designed to minimise the risk of loss of life or property in the event of a

bushfire by maintaining a minimum 10m setback from the established

bushland boundaries. The proposal would not compromise the natural

topography of the land. Therefore, the proposal is considered satisfactory in

minimising any impacts of the development on nearby bushland.

Bushland and Bushfire Hazard

Management

Yes

The proposed development has been assessed against the specifications and

requirements of Planning for Bush Fire Protection (2006) and is to be

constructed to the following recommended BAL ratings as indicated in the

Bushfire Report submitted to Council:

BAL – 29 on the northern and western elevations

BAL – 19 on the southern and eastern elevations

Furthermore, Council’s Bushland Management Officer has assessed the

Bushfire Assessment and raises no objections.

The proposal is therefore considered to minimise the risk of harm to persons

residing within the dwelling and would add a level of protection to the

property in the event of a bushfire.

Materials and colours

Yes

The proposal is anticipated to use materials and colours to complement and

match the existing dwelling that would be sympathetic to the character of

the locality and its bushland setting. Nevertheless, it is recommended that a

standard condition be imposed to ensure that appropriate materials, colours

and finishes are used for the construction of the addition (see condition

C6).

15.3 Landscaping and Stormwater Management

Weeds

Yes

No trees or vegetation within the area proposed for removal nor would the

proposed addition encroach into the existing landscaped setting. The

proposal is considered to be acceptable in this respect.

Landscaping design

Yes

There would be no change to the current landscaped design given that the

proposal would be located with the existing building footprint.

Furthermore, the existing landscape design is considered suitable for the

subject site in its bushland context.

Indigenous vegetation Yes

The proposal does not involve the removal of any trees or vegetation on

site.

Stormwater run-off and soil

erosion

Yes

The proposed development is not anticipated to result in any increase in

volume, concentration or rate of stormwater runoff to those which existed

prior to development. The proposed addition is to occur largely within the

existing building footprint on the property and would maintain existing site

contours, topography and soil levels on site. Therefore, the proposal is

considered satisfactory in this regard.

15.4 Cultural Resources

The application was referred to an Aboriginal Heritage Officer who discussed the Aboriginal heritage of the locality. There are

known Aboriginal sites in the area however, there are no recorded sites within the current development area and it is evident that

majority of the area has been subject to previous disturbances that reduces the likelihood of unrecorded Aboriginal sites. However,

as no excavation is to occur, it is not considered necessary to request that a preliminary assessment be prepared by a qualified

Aboriginal Heritage professional. Therefore, the proposal is considered satisfactory in this regard.

15.5 Threatened Species

The proposed development would have little to no impact upon the trees and vegetation currently on the subject site.

15.6 Wetland Areas

The site is not identified as a wetland area.



NSDCP 2013 Part B Section 16 – Trees & Vegetation Management

As previously stated, the proposal involves the pruning of the Jacaranda (Jacaranda mimosifolia)

tree on the site that is in close proximity to the development. The pruning of this tree would be

minor where only two (2) branches are proposed for removal to accommodate the additional level

of the existing dual occupancy. The minor pruning of this tree is not anticipated to adversely

impact upon the biodiversity values of the site and would maintain the visual, social and

environmental amenity of the area. However, this tree is located on Council land, so a bond is

recommended ensure its retention (see condition C11). Additionally, a condition is

recommended requiring the applicant to protect all trees on the development site (see condition

D1). Therefore, the proposal is considered satisfactory in preserving the amenity of the trees and

vegetation on site.

Cammeray Planning Area (Cammeray Neighbourhood)

The proposal is generally consistent with Part C of North Sydney DCP 2013 in particular Section

4 of the Character Statement for the Cammeray Planning Area and Section 4.2 for the Cammeray

Neighbourhood.

Furthermore, the site is considered to be isolated from nearby development and would maintain

the existing character that is suitable for its bushland setting and its classification as bushfire

prone land. The proposed development would have no impact upon the character of the

Cammeray Neighbourhood as it is significantly screened from the Rowlison Parade streetscape.

SUITABILITY OF THE SITE

The proposal is considered to be suitable for the subject site because its design is in keeping with

the characteristic built form within the bushland and bushfire prone area with no impacts on the

amenity of the neighbouring properties and minimal impact upon the streetscape.

PUBLIC INTEREST

The proposal 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

SUBMITTORS CONCERNS

As previously stated, two (2) submissions were received in support of the application.

SECTION 94 CONTRIBUTIONS

There would be no increase in the number of dwellings on the site so the proposal would not

attract a s.94 levy pursuant to section 1.4 in the North Sydney Section 94 Contributions Plan.

CONCLUSION

The development application has been assessed against the North Sydney LEP 2013, North

Sydney DCP 2013 and SEPP 19 – Bushland in Urban Areas and was found to be generally

satisfactory.

The variation to the building height development standard is justifiable given that the building

element above the LEP maximum building height is unlikely to have an adverse impact on the

character of the locality as it would be significantly screened from Rowlison Parade due to the

significant vegetation and bushland on site. It is considered that the proposed addition to the

existing dual occupancy would not compromise the safety of the residents with the

recommendations contained in the Bushfire Report by TFC The Fire Consultatnts, received by

Council on 19 February 2016.

There would be no impacts upon material amenity of any adjoining properties in terms of view

loss, overshadowing and loss of privacy as the dwelling is surrounded by mature trees.

Furthermore, the proposal received two (2) submissions from neighbours in support of the

development application.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is

considered to be satisfactory and therefore can be approved.



RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

THAT the North Sydney Independent Planning Panel, as the consent authority, assume the

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

Clause 4.6 with regard to the exception to the development standard for building height, and

grant consent to Development Application DA44/16 for alterations and additions to the existing

dwelling at No. 2/6 Rowlison Parade, Cammeray subject to the attached standards

Judith Elijah

STUDENT ASSESSMENT OFFICER

Robyn Pearson Lara Huckstepp

TEAM LEADER ACTING MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

2/6 ROWLISON PARADE, CAMMERAY DEVELOPMENT APPLICATION NO. 44/16

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Date Drawn by Received

1502.1A 27 Nov 2015 Glenn Murcutt Lfraia Architect 19 February 2016 1502.2A 27 Nov 2015 Glenn Murcutt Lfraia Architect 19 February 2016 1502.3A 27 Nov 2015 Glenn Murcutt Lfraia Architect 19 February 2016 Bush Fire Report n.d. TFC The Fire Consultants 19 February 2016

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

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.

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

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

No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

ATTACHMENT TO IPP04 - 04/05/2016

2/6 ROWLISON PARADE, CAMMERAY DEVELOPMENT APPLICATION NO. 44/16 Page 2 of 22

September 2013 v1

B. Matters to be Completed before the lodgement of an Application for a Construction Certificate

Construction and Traffic Management Plan (Major DAs & sites with difficult access) B1. Prior to issue of any Construction Certificate, a Construction and Traffic Management

Plan must be prepared. The following matters must be specifically addressed in this Plan:

a) A plan view (min 1:100 scale) of the entire site and frontage roadways

indicating:

i. Dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways;

ii. Signage type and location to manage pedestrians in the vicinity; iii. The locations of any proposed Work Zones in the frontage roadways; iv. Locations and type of any hoardings proposed; v. Area of site sheds and the like; vi. Location of any proposed crane standing areas; vii. A dedicated unloading and loading point within the site for all

construction vehicles, plant and deliveries; viii. Material, plant and spoil bin storage areas within the site, where all

materials are to be dropped off and collected; and ix. The provision of an on-site parking area for employees, tradesperson

and construction vehicles as far as possible.

b) A Traffic Control Plan(s) for the site incorporating the following: -

i. Traffic control measures proposed in the road reserve that are in accordance with the RMS publication “Traffic Control Worksite Manual” and designed by a person licensed to do so (minimum RMS ‘red card’ qualification).

ii. The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each.

c) A detailed description and map of the proposed route for vehicles involved in

spoil removal, material delivery and machine floatage must be provided detailing light traffic roads and those subject to a load or height limit must be avoided at all time.

A copy of this route is to be made available to all contractors, and must be clearly depicted at a location within the site.



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d) A Waste Management Plan in accordance with the provisions of Part B Section 19 of the North Sydney DCP 2013 must be provided. The Waste Management Plan must include, but not be limited to, the estimated volume of waste and method of disposal for the construction and operation phases of the development, design of on-site waste storage and recycling area and administrative arrangements for waste and recycling management during the construction process;

(e) Evidence of RMS concurrence where construction access is provided directly

or within 20m of an Arterial and/or Classified Road; (f) A schedule of site inductions to be held on regular occasions and as

determined necessary to ensure all new employees are aware of the construction management obligations. These must specify that construction-related vehicles to comply with the approved requirements; and

(g) For those construction personnel that drive to the site, the Site Manager shall

attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area.

A suitably qualified and experienced traffic engineer or consultant must prepare the Construction and Traffic Management Plan. As this plan has a direct impact on the local road network, it must be submitted to and reviewed by Council prior to the issue of any Construction Certificate. A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained and must be submitted as part of the supporting documentation lodged with the Certifying Authority for approval of the application for a Construction Certificate.

The construction management measures contained in the approved Construction and

Traffic Management Plan must be implemented prior to the commencement of, and during, works on-site. All works must be undertaken in accordance with the approved Construction and Traffic Management Plan. A copy of the approved Construction and Traffic Management Plan must be kept on the site at all times and be made available to any officer of the Council on request.

Notes: 1) North Sydney Council’s adopted fee for certification of compliance with this

condition must be paid upon lodgement, or in any event, prior to the issue of the relevant approval.



September 2013 v1

2) Any use of Council property will require appropriate approvals and demonstration of liability insurances prior to such work commencing.

3) Failure to provide complete and detailed information may result in delays. It is recommended that your Construction and Traffic Management Plan be lodged with Council as early as possible.

4) Dependent on the circumstances of the site, Council may request additional information to that detailed in the condition above.

(Reason: To ensure appropriate measures have been considered for site access,

storage and the operation of the site during all phases of the demolition and construction process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Plans in Accordance with the Bush Fire Report

C1. Prior to the release of a Construction Certificate, the Principal Certifying Authority

must ensure that the building plans and specifications submitted, reflect the recommendations contained within the Bush Fire Report prepared by TFC, the Fire Consultants received at Council on 19 February 2016. (Reason: To ensure the development is constructed with materials consistent

with the buildings BAL ratings and to minimise the risk of loss of life and damage to property in the event of a Bushfire.)

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.



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A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction) Structural Adequacy of Existing Building C3. 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 C4. Where construction or excavation activity requires the disturbance of the soil surface

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

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

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

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

construction.



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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 C5. 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 C6. 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 that complies with AS3959 for development on bushfire prone land to minimise damage to the dwelling in the event of bushfire. 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 C7. 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) Work Zone C8. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be issued by the Council prior to the issue of any Construction Certificate. Work Zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Works Zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the Works Zone is approved by the Committee, the Applicant must obtain a written copy of the related resolution from the North Sydney Local Traffic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the Committee, including installation of the necessary ‘Work Zone’ signage and payment of any fees, must occur prior to commencement of any works on the site. Further, at the expiration of the Work Zone approval, the developer is required to remove the Work Zone signs and reinstate any previous signs, all at the developer's cost. The requirements imposed by the Committee on the Work Zone permit (or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Stormwater Management and Disposal Design Plan – Construction Issue

C9. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

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

a) Compliance with BCA drainage requirements, Councils Engineering

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



September 2013 v1

b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity via existing stormwater system.

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

must be provided to Council to the sum of $5,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls) required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after

the work is completed. The security required by this condition and in the schedule contained later in these conditions must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of

the security immediately;


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September 2013 v1

• the applicant has not repaired or commenced repairing damage within 48 hours of the issue by Council in writing of instructions to undertake such repairs or works;

• works in the public road associated with the development are to an unacceptable quality; and

• the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure) Tree Bond for Public Trees C11. Prior to the issue of any construction certificate, security in the sum of $5,000.00 must

be provided to Council for the protection of trees in public places, including the making good of any damage caused to such trees. The security is to be provided in accordance with the Schedule below. The security required by this condition and in the schedule contained later in these conditions must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.

If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.

In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.

SCHEDULE Jacaranda on Council’s Verge >10 metres high

(Reason: Protection of existing environment public infrastructure, community assets and significant trees)



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Pruning of Trees C12. All pruning works to the following tree(s) shall be undertaken under the guidance of

an appropriately qualified arborist/tree surgeon in accordance with Australian Standard AS 4373-2007 - Pruning of Amenity Trees:

Tree Location Height (m) Jacaranda On Council’s Verge >10m

Reason: To ensure the protection and longevity of existing significant trees)

Security Deposit/ Guarantee Schedule C13. 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 ($) Infrastructure Damage Bond $5,000.00 Street Tree Bond $5,000.00 TOTAL BONDS $10,000.00

The security required by the above schedule must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)

BASIX Certificate C14. 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. (A237610_03) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements)



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D. Prior to the Commencement of any Works (and continuing where indicated) Protection of Trees

D1. All trees that are specifically nominated to be retained on plans including trees on

neighbouring properties as a requirement of this consent must be maintained and protected during demolition, excavation and construction on the site in accordance with AS4970-2009.

(Reason: To ensure compliance with the requirement to retain significant

planting on the site and adjoining property) Public Liability Insurance – Works on Public Land D2. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Commencement of Works Notice

D3. 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 Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

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



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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.

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)



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

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

(Reason: Stormwater control during construction)

Removal of Extra Fabric E6. 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 E7. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)



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Noise and Vibration E8. 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) No Work on Public Open Space E9. No work can be undertaken within adjoining public lands (ie. Parks, Reserves, Roads

etc) without the prior written consent of Council. In this regard the developer is to liaise with Council prior to the commencement of any design works or preparation of a Construction and Traffic Management Plan.

(Reason: Protection of existing public infrastructure and land and to ensure

public safety and proper management of public land) Developer's Cost of Work on Council Property E10. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas.

(Reason: To ensure the proper management of public land and funds) 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: -



September 2013 v1

1) On-street mobile plant

Egg. 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.


3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.


Construction Hours 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.



September 2013 v1

Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition works” means any physical activity to tear down or break up a

structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

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

expectations of residents and the community) Installation and Maintenance of Sediment Control E14. Erosion and sediment controls must be installed and maintained at all times in

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


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

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


erosion from development sites)



September 2013 v1

Health and Safety E16. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

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) Site Amenities and Facilities E17. 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) 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)


http://www.northsydney.nsw.gov.au/�


September 2013 v1

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)

F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

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

exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following: a) in the case of work for which a principal contractor is required to be

appointed:

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

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

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

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

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.



September 2013 v1

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

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

(Reason: Statutory)



September 2013 v1

Demolition F7. 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 F8. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited;

b) showing 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 Compliance with Bush Fire Report

G1. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must

ensure that the development has been constructed in accordance with AS3959-2009 and the recommendations contained within the Bush Fire Report prepared by TFC The Fire Consultants submitted to Council on 19 February 2016.

(Reason: To ensure the development is constructed with materials consistent

with the buildings BAL ratings and to minimise the risk of loss of life and damage to property in the event of a Bushfire.)

Infrastructure Repair and Completion of Works G2. 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



September 2013 v1

b. to repair and make good any damaged public infrastructure caused as a result of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;

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

(Reason: Maintain quality of Public assets)

Certification- Civil Works G3. a) An appropriately qualified and practising Civil Engineer must certify to the

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

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

(Reason: Compliance with the Consent)

Damage to Adjoining Properties G4. 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 G5. 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)



September 2013 v1

Disposal Information G6. 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:

(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 G7. 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 G8. Prior to the issue of any Occupation Certificate C1 and G1 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)


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1 367

North Sydney CouncilCopyright:

Copyight @ Nodh Sydney Counci¡ - No part of this mâp mây be reproducedwilhout pemission. Commerc¡al dec¡sions should not be mde based on¡nfomalion ænta¡ned in lh¡s map wíhout fì6t checking details held by therespons¡ble Government aulhorily.

Fudherdêla¡ls cân be obta¡ned by €ll¡ng (02) 9936 8100 ore-m¿ìlmâpp¡ng@nolhsydney nsw gov au-


For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

Glause 4.6 - Exception to a Development Standard

(Glause 4.1.2- Height of Buildings)

Of the

North Sydney Local Environmental Plan 2013

For Property

6 Rowlison Parade, Gammeray

Prepared By: Sheridan Planning

ATTACHMENT TO IPP04 - 04/05/2016 Page 49

Clause 4.6 - Variation to a Development Standard Application

6 Rowlison Parade Cammeray

CLAUSE 4.6 VARIATION - Maximum Building HeightRequest for exception under Clause 4.6 of the North Sydney Local Environmental Plan

(MLEP) 2013 to Clause 4.3 of the MLEP 2013.

Premises: 6 Rowlinson Parade Gammeray

Proposal: Alterations and additions to the existing dwelling house including an

additional level.

Control: Maximum Building Height

The Development Standard provides that the Maximum Building Height of a

building cannot exceed 8.5 Metres on the subject site. The proposalwill result in a

breach in parts of the addition of the new upper level.

I. WHAT IS THE NAME OF THE ENVIRONMENTAL PLANNING INSTRUMENT

THAT APPL¡ES TO THE LAND?

The relevant Environmental Planning lnstrument applying to the subject site is the

Nodh Sydney Local Environmental Plan (MLEP) 2013.

2. WHAT IS THE ZONING OF THE LAND?

The subject site is zoned R2 under the provisions of the North Sydney Local

Environmental Plan 2013.

3. WHAT ARE THE OBJECTIVES OF THE ZONE?

To provide for the housing needs of the community and to provide for a variety ofhousing types and densities.

To enable other land uses that provide facilities or services to meet the day to dayneeds of residents.

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

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

4. WHAT IS THE DEVELOPMENT STANDARD BEING VARIED? E.G. FSR,

HEIGHT, LOT SIZE

The Development Standard sought to be varied by this request is the MaximumBuilding Height Standard of Clause 4'.3 of the Nodh Sydney LEP 2013.

Page 2


Clause 4.6 - Variation to a Development Standard Application


5. UNDER WHAT CLAUSE IS THE DEVELOPMENT STANDARD LISTED IN THE

ENVIRONMENTAL PLANNING INSTRUMENT?

Clause 4.3 of the North Sydney LEP 2013.

6. WHAT ARE THE OBJECTIVES OF THE DEVELOPMENT STANDARD?

(1) The objectives of this clause are as follows:(a) to promote development that conforms to and reflects natural landforms, by

stepping development on sloping land to follow the natural gradient,

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

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

(d) to maintain privacy for residents of existing dwellings and to promote privacyfor 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 inaccordance with, and promotes the character of, an area.

(2) The height of a building on any land is not to exceed the maximum heightshown for the land on the Height of Buildings Map.

7. WHAT IS THE NUMERIC VALUE OF THE DEVELOPMENT STANDARD IN THE

ENVIRONMENTAL PLANNING INSTRUM ENT?

The numeric value of the Development Standard in Clause 4.3 of the NSLEP 2013

is a maximum height of 8.5 metres.

8. WHAT IS PROPOSED NUMERIC VALUE OF THE DEVELOPMENT

STANDARD IN YOUR DEVELOPMENT APPLICATION?

The proposal, the subject of this request is to vary the standard by 3900 mm at the

north westerly side of the upper level of the building.

9. WHAT rS THE PERCENTAGE VARIATION (BETWEEN YOUR PROPOSAL

AND THE ENVIRONMENTAL PLANNING INSTRUMENT)?

The percentage variation sought by this request is 45.9 %

Page 3


Clause 4.6 - Variation to a Development Standard Application6 Rowlison Parade Cammeray

1O.HOW IS STRICT COMPLIANCE WITH THE DEVELOPMENT STANDARDUNREASONABLE OR UNNECESSARY IN THIS PARTICULAR CASE?

The proposal, with a Maximum Building Height of 12.40 m, breaches the

Development Standard by 3900mm.

This breach however, will not result in a completed proposal that will offend the

following relevant objectives of Clause 4.3 of the NSLEP 2013

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

The proposed additions sit comfortably within the existing landscape. Thetopography of the subject site slopes steeply towards the front, allowing theproposed addition to sit below the main street frontage. The proposed upper levelfollows the natural gradient of the site.

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

The proposed additions will minimise any view loss to adjoining dwellings, due tothe topography of the site. There will be no impact to any views from the dwellingsbehind the subject site as the existing dwelling is located well below the roadway.All the neighbours are well above the subject site and look over the dwelling.Views will be maintained over the proposed alterations and additions.

Additionally there is a two lane road between the subject site and its closestneighbours. The neighbouring properties are set above this roadway. Thetopography of the land rises up the site. The front yards of the properties acrossthe road are well above the front yard of the subject property. Ïhe primary livingspaces, both internal and external, are higher again. There is no risk of a viewimpact to the neighbouring properties.

(c) to maintain so/ar access fo exrsfing dwellings, public reserves and streets,and to promote so/ar access for future development,

The proposed alterations and additions will have a no impact on the solar accessto the adjoining properties, as there are no neighbours.

Page 4


Clause 4.6 - Variation to a Development Standard Application6 Rowlison Parade Cammeray

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

The proposed alterations and additions will have a no impact on the privacy to theadjoining properties, as there are no neighbours.

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

The proposed alterations and additions will be compatible with the nearbydevelopment as there are no direct neighbours and they are not visible from thestreet.

0 to encourage an appropriate scale and density of development that is inaccordance with, and promotes the character of, an area.

The proposed alterations and additions are of an appropriate scale andrelationship to the surrounding developments. lts sits discreetly below the streetview and will not be visable to the surrounding area due to the dense foliage.

The lack of environmental impacts in terms of view loss, solar access andstreetscape have been minimised by the sensitive location of additional floorspace within the proposed structure.

11. HOW WOULD STRICT COMPLIANCE HINDER THE ATTAINMENT OF THE

oBJECTS SPEG¡F|ED rN SECTION s(AXl) AND (ll) OF THE ACT.

The relevant Objects of the Environmental Planning and Assessment Act are -(i) the proper management, development and conse¡vation of natural and artificialresources, including agricultural land, natural areas, foresfs, minerals, water,cifres, towns and villages for the purpose of promoting the social and economicwelfare of the community and a better environment,

(ii) the promotion and co-ordination of the orderly and economic use anddevelopment of land,

Strict compliance with the Development Standard will not hinder the attainment ofobject (i) above however, strict compliance with the Development Standard will

hinder the provision of improved housing stock in the locality, re-using existing

structures and meeting the provision of modest accommodation in the locality.

Page 5


Clause 4.6 - Variatíon to a Development Standard Application


I2.IS THE DEVELOPMENT STANDARD A PERFORMANCE BASED CONTROL?

The Development Standard is a visual performance standard.

I3.WOULD STRICT COMPLIANGE WITH THE STANDARD BE UNREASONABLE

OR UNNECESSARY?

Yes, for the reasons set out above.

I4.ARE THERE SUFFICIENT ENVIRONMENTAL PLANNING GROUNDS TO

JUSTIFY CONTRAVENING THE DEVELOPMENT STANDARD?

As the Objectives of Clause 4.3 of the NSLEP 2013 seek to provide a degree offlexibility in applying development standards to achieve better outcomes for and

from development, the provision of a breach of a development standard by theamount requested and the lack of material environmental impacts provide

sufficient grounds to justify contravening the development standard.

For the reasons given above the exception request is considered to be well

founded.

Dated: l5 February 2016

Page 6


SPSheridan PlanningRob's cottage11 Woolcott AvenueWaverton NSW 2060Email : sheridan_lyn [email protected]: 1 1 071 549 561

Addendum to Clause 4:6

for 6 Rowlison Parade Gammeray


Addendum to Clause 4:6 for 6 Rowlison Parade Cammerav

lncorporating the relevant principles identified in the judgement of Fou12Five Pty Ltd vAshfield Council

The objectives of Clause 4:6:

(3) Development consent must not be granted for development that contravenes adevelopment standard unless the consent authority has considered a written request fromthe applicanf fhaf seeks to justify the contravention of the development standard bydemonstrating:

(a) that compliance with the development standard is unreasonable or unnecessaryin the circumsfances of the case, and(b) that there are sufficient environmental planning grounds to justify contraveningthe development standard.

(4) Development consent must not be granted for development that contravenes ad eve I o p me nt sta nd a rd unless:(a) the consent authority is satisfied that:

(i) the applicant's written request has adequately addressed fhe matters required tobe demonstrated by subclause (3), and(ii) the proposed development will be in the public interest because if is consrsfenfwith the objectives of the pafticular standard and the objectives for developmentwithin the zone in which the development is proposed to be carried out, and

Assessment

ln the assessment of whether that compliance with the development standard is

unreasonable or unnecessary in the circumstances of the case, it is argued that a strict

compliance is certainly both unreasonable and unnecessary to be applied on this site due to

the unusual topography and location of the dwelling. The dwelling is located well below

street levelwith no neighbours. The additions have been designed to create additional

space that gets sunlight into in the early morning. lf a strict compliance was observed then

the dwelling would not be able to enjoy a reasonable standard of sunlight due to its location

well below street levelwith extensive tree coverage.

Another question that is required to be asked is would the underlying objective or purpose be

defeated or thwarted if compliance was required? A development that strictly complied with

the standard would potentially result in a building that does not provide for the residents

need for reasonable sunlight penetration into the private spaces. The present building lacks

in direct sunlight due to the extensive tree coverage and topography.

It is further required to consider if the development standard been virtually abandoned or

destroyed by the Council's own actions in departing from the standard. lt cannot be said that


the development standard has been abandoned by North Sydney Council however it has

been amended where appropriate.

A) ls the zoning of the land unreasonable or inappropriate? ln this case the zoning is

both reasonable and appropriate.

B) Are there sufficient environmental planning grounds to justify contravening the

development standard? The particular circumstance of this site that distinguishes it

from others is the topography of the location and the lack of any adjoining neighbours. lts

extensive tree coverage and the steeply sloping site means it is unable to be seen from

the street and the ability to enjoy sufficient direct sunlight is restricted. ln the

circumstances of the case, there are suffìcient planning grounds particular to the site to

justify contravening the development standard being:

i. Non-compliance with the standard does not contribute to adverse environmental

impacts in terms of overshadowing, visual impacts or view loss.

¡¡. The proposal satisfies the objectives of the R2 zone and the objectives of the

building height standards.

¡¡¡. Non-compliance with the standard does not contribute to adverse environmental

impacts in terms of overshadowing, visual impacts or view loss.

iv. The scale of the proposed development is consistent with the desired scale of the

surrounding development and streetscape.

v. The proposed development is generally compliant with the controls, or the intentof the controls, contained in the North Sydney Development Control Plan 2013

It is considered that there are sufficient grounds to support a Clause 4:6 variation for 6

Rowlison Parade Cammeray


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2 2 FEB 2016

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THE FIRE CONSU NTS

6 Rowlison Pde Cammeray NSW.

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2 2 FEB 2016Bush Fire Report

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Executive Summary.

This report has been prepared as a Bush Fire Report for the proposed additions, at 6

Rowlison Pde Cammeray NSW, in the Council area of North Sydney LGA

The proposal is an "infill" developrnent and has been identified as being bush fire prone

and is subject to consideration under section 79B.A of the Environmental Planning andAssessmenl Act 1979 (EP&A Act) (NSW RFS 2006).

The proposal has been found to be 12 metres (East) frorn the nearest bush fire hazardhowever this hazard is found to be rninirnal as it is a small area of rainforest that slopes

up from the residence to road above and has a darnp riparian corridor through it only 9

metres from the side of the house. The area on the house side of the coruidor has had the

undergrowth cleared and is not considered a hazard. A srnall l'¡azard of only 6-l I metresin depth is to the North in front of the current struchue between it and Tunks Park.

Mitigating Bushfire hazard factors in this development include, fire run distance (size ofhazard),vegetation species, and the area to the east has in fact being laid with grass and

substantially cleared between No 4 and No 6 Rowlison Pde. The site is required to be

built to BAL29 and therefore is not required to be referred to the NSWRFS.

1. Introduction.

The subject land is described as SP8l0l i, No 6 Rowlison Pde Carnmeray NSW. It has

direct frontage to Rowlison Pde on the Southern side The site is rnapped as BushfireProne Veg Level2, however the hazard is in fact rninimal and the radiant heat levelrequired for BAL 40 or Flame zone is not likely to ever be reached due to hazard size,type, and land management of the area.

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Subiect Site

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2. Proposal.

The proponent seeks to construct a 3rd Level on the southern portion of the top floor. Theland is zoned for residential purposes and the proposal is understood to cornply with therequirernents of North Sydney LEP and DCP. This report only addresses the planningand construction issues relevant to the proposal. The proposal constitutes "infill"development as defined and as such rnust meet the specifications and requirements inChapter 4 (section 4.3.5) of PlanningJ'or Bush Fire ProÍeclior (NSW RFS 2006).

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3. Sfafement that fhe sife is öush fire prone land

The land has been identified on the North Sydney Bush Fire Prone Land Map whichcovers the entire site (Nortli Sydney Council 2002).

A copy of the bush fìre prone land status is shown below of the site and surrounds

mapped as buffer zone but is actually developed.

4. The location, extent and vegetation formation of bushlandon or within 100 metres of the sife,

This bushfire hazard to the west is Rainforest and to the north Woodland and forrns the

lower section of a small area of hazard extending into Camrneray befween cleared Ovalsand Residences. The Reserve is managed by the North Sydney Council. The area is

surronnded by Residential development, the Parkland and Harbour. To the east the

understorey below the canopy has been Iargely cleared as it is private land belonging tothe site and No 4 Rowlison Pde.

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A¡ea to east of House is intermittently grassed.

Picture l. East ofresidence

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Hazud to'West. Sparse ground ftiels and Rainforest ferns around darnp riparian area.

Srnall area of woodland and dense weed understorey to North between Oval andResidence.

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APZ and Gardens to east of structure

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North West is rainforest turning into forest, but has been overtaken by Coral Trees andPrivet, both are clifficult to burn and when alight burn with low intensity.

To the South of the site is developed land and there is nohazard in these direction.

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Direction/As¡rcct Distance to Hazartlfrom nerv

develoDment

Land-use VegtationType/Formation

North 26 Bushland Reserve 8-I I Metles then

cleared parkland

Woodland

Norlh East 35metres It{anaged Landtnanned as Bushland

Grass

South N/A Residential areas NitWest l2 metres Undeveloped Lots Rainforest

Tab Ie I : Assessment of Vegetation and bushfrre hazalds to I 6 Rowlison Pde Carnmerav

5. The stope and aspect of fhe site and of any bush fire proneland within 100 metres of fhe site, which may determine thelikely path of any bush fires.

The slope is assessed for a distance of 100 rnetres of the clevelopment. The slope of thehazard to the rear (nortli) of the properfy is 0-5 for some 8-l I metres. The slope ttratwould qnpac! residence !o wqç!!s 0-20' ups[qpe

Table 2: Effective Slope Assessnent for al'eas surounding 6 Rowlison Pde Cammeray

\\'arrlegror,e sen,ices prv Lrd T/as The Fire Consultants PO Box 29 Forestville 2087 6 RowlisonPde Carr-uneray Y2.I

Direction/Aspect SloDe under hazartl Land-use Distance of APZEasl 0 Flatland Managed Land 35metres

North Woodland 0-5" Bushland/Ovals 26 metresSouth N/A Residential Areas 100 meffes +West Upslope 5-20" Bushland Residential

Areal0 metres


2

6. Any features on or adjoining the site that may mitigate theimpact of a high intensity bush fire on the proposeddevelopment.

Due to size and natrue of hazard any fire to north or west of site is unlikely toassume proportional inputs as required by calculations that PBP uses inassumptions for radiant heat levels in Table 4 PBP 2006 for the calculation ofCategories of Bush Fire Attack.

The area of closest Hazard has species where low fuel loads are expected. It has

not been burnt in past 25 years and yet no substantial fllel load is present (less

than I lh)

3. There is no substantial Hazard to East

4. The hazard to the North West contains mostly Privet and as such the ground ftielsare minimal and the area could be treated for the purposes of this report in thesame rnanner at "rainforest" category.

If a fire were to occrlr, the fuel is rninimal and the fire mn so small that it wouldbe expected that it would not have enough distance to obtain the energy requireclto develop into a fire size that would meet the input data as required by 453959B.4L29,40 orFZ.

warrlegrove Senlces pty Ltd T/as The Fire Consultants PO Box 29 Forestville 2087 6 RowlisonPde CammerayY2.I

5


NuthHazardCreek and drain frorn

road

Rainforest and low hazard area

Land under thesetrees rssubstantiallycleared

l_

7. A statement assessrng the likely environmental impact ofany proposed bush fire protection fneasúrres.

The proposal does not involve the removal of any native vegetation or otherenvironnrental irnpacts associated with compliance withPlanning.for Bush FireProtection (NSW RFS 2006) or cornplying with 433959-2009 and the htilding Code ofAustrslia (ABCB 20I3). Bush fire protection nleasul€s will be restricted to the subjectsite and proposed clevelopment.

It is proposed to incorporate landscaping with suitable plants on-site, however, these willprevent the extension of fire into the site. Species such as pencil pines and weed speciesare not proposed as they are considered to be unsuitable in a bush frre prone areas (NSWRFS 2006)

\\/rnlegrove Sen,ices pty I-r¿ T/as The File Consultants PO Box 29 Forestville 2081 6 RowlisonPde Camrneray Y2.I


8. Category of Bushfire Attack

An assessment of the proposal was made in accordance with Appendix 3 of Plqnning.forBush./ire ProtectÌott (RFS 2006) to determine the appropriate level of constmction. The

site falls within the Sydney region Fire District with an FFDI of 100 for assessmentpurposes. Table 2.4.2 A53959 has been used,

Table 3. Bush Fire Attack Rating

Due to the rnitigating circumstances in this development it is argued that these BALontputs are excessive. The obtain the BAL lreasurernents in 453959 Table 2.4.2 certaininputs are assumed. One such input is Flame Width of l00rn. In this case a flarne widthof 100 rnetres is not possible as there is not enough hazard to reach this size. A Flamewidth that imposes on the development would likely only lre able to reach l0-15 metres.

We note the current structure is Built to a previous version of 4S3959 Level3Construction.

The proposed additions can conrply with the specification and requiretnents of Section4.3.5 of Planning.þr Bus'h Fire Proleclion. This assessment is provided below in detail

wîrrlesrove Ser'ices pry Lta T/as The Fire Consultants PO Box 29 Forestville 2087 6 RowlisonPde Carnmeray YZ.I

Distance toVegetation

VegetationFormation

Slope indegrees

ConstmctionRequirements4S3959-2009

Direction/Aspect

12 Rainforest 0 Upslope P.AL29WestNorth 26 Woodland 0-5 BAL29

35 Woodland 0--s BAL 12.-5East

Acccptable Solution Com¡lliancePerformance requirementChalrter 4 PBP 2006

in relation to Asset Protection Zones:. a dcfenclable space is proviclecl onsite.. arl asset protection zone is providedand maintained for the life of thedevelopment.

APZ determined inaccordance withAppendix 2.

I5 Metres is provided tonorth and Council maintained

Gl'ass area at east. Asresidence is on road and alarge Oval is in front thentherr is plenty of space for

safety ofpersonsBtrildings are designedand sited in accordancewith the siting and clesignprinciples in this section(see also figure 4.7).Gutter and valleyprotection to be

incorporated.

Yes - The Building envelopedoes not exceed culrent

envelope

in relation to siting antl design:. buildings are sited and designed tominirnise the lisk of bush fltre attack.


in rclation to constluctio¡rstandards:. it is clemonst¡ated that ths proposedbuilding can withstand bush fire aftackin the form of u,ind, smoke, ernbers,radiant heat and flarne contact .

Construction detelniuedrn accordance rvithA.S3959 2009

Nole: pror.isiotts inrelcttion Ío Clqss l0abtri lrlÌngs m a¡' a lso cr¡tp l¡,

Yes -coustluctionrequirements of 4S3 95 9-

2009 BAL 29 and BALl2.,sare met with the current plansthat intencl to build as per the

curient structure that wasbuilt to 4S3959 [9)99 Ler.el3

in relation to aecess requirements:. safe, opcrational access is provided(and maintained) fol elnergencyservices personncl in suppressing a

bush fire u,hile lesiclents are seeking torelocate, in advance of a bush fìr'e.

Cornpliance with secl-ion4.1.3 for propeffy accessroads.

Compliance with section4.2.7 for access stanclardsfol intemal roads.

Exrsting R-oad system.Rowlison Pde is suitable for

all appliances frorn BothFRNSW and RFS

in relatior to rvater and utilityservices:. adequate water and electricityseryices are providecl for fire fightingoperatlonsc gas and electricity servrces itrelocated so as not to contribute to therisk ol fire to a building.

Compliance with section4.1.3 fol services - water,electlicity and gas.

Yes - Reticulated watersupplies to street. Hydrant

location outside l3Electrical supply as per

existing.Gas not exposed to radiant

heat or Ilame nor landscapingelements for embers.

in relation to lantlscaping:. it is designecl and managed tominirnise flarne contact and radiantheat to br.rildings, and the potential forwind dliven enrbers to ciìuse ignitions.

Compliance withAppendix 5 of Plunningfor Bush Fire Prolection(2006)

YesNo significant planting under

winclows or other exposedelenrents olhouse - plantings

on Eastem lace are

considered acceptable.

Talrle 4' Cornnlinnce u'ith Srrecif icntionq nnd Renuirernerrrc of Plnnninct lhr IJush þ-ire Protcction

\\'arttegrove Services prv rt¿ T/as The Fire Consultants PO Box 29 Forestville 2087 6 RowlisonPde Cammeny V2.l


t

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9. Conclusion.

The Bush Fire Construction requirements to the additions/extensions proposed for 6Rowlison Pde Cammeray meet the intention of the planning requirements of Planning

for Bush Fire Protecllon (NSW RFS 2006).

The Couttcíl can de[ermine the maller comolvins with lhe soecifìcalions andrecluirements Planning.for Bush Fire Protcction and section 79BA qf the EP&À Act(NSW RFS 2006).

10. Recommendations.

It is RECOMMENDED that the proposed additions cornply as follows:

That any proposed additions on the, Northern and Weste¡n sides be built toBAL29 to protect from ember attack should a fire occur in area.

That any renovations on southern and eastern side can be built to BALI9 toprotect frorn small flying embers.

JimMurphieBPAD 72OO

Grad IFEGrad Cert. Fire Safety Engineering (UWS)Grad Dip Bush Fire Planning ([IWS)Adv. Cert Fire Safety Eng. (TAFE)

warrlegrove Sm'ices pry Ltd T/as The Fire Consultants PO Box 29 Forestville 2087 6 RowlisonPde Cammeray Y2.l


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