item - reports · 2017. 7. 27. · item __ipp02_ - reports -_02/08/17___ n o r t h s y...

Item ____IPP02_______ - REPORTS -______02/08/17_________

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 02/08/17

Attachments:

1. Site Plan

2. Architectural Plans

ADDRESS/WARD: 137 Carabella Street, Kirribilli

APPLICATION NO: DA 102/2017

PROPOSAL: Alterations and additions to the existing ground floor balcony at the

rear of the dwelling house.

PLANS REF: Plan

No.

Issue Title Drawn by Received

DA00 A Title Page DDC Architects 28 March 2017

DA01 D Notification Plan DDC Architects 16 June 2017

DA01A C Notification Plan DDC Architects 28 March 2017

DA02 B Site Analysis DDC Architects 28 March 2017

DA02 B Site Survey DDC Architects 28 March 2017

DA04 C Site Plan DDC Architects 28 March 2017

DA05 B Basement Level (yard

level)

DDC Architects 28 March 2017

DA06 C Lower Ground Floor DDC Architects 28 March 2017

DA07 C Ground Floor Plan DDC Architects 28 March 2017

DA08 B First Floor Plan DDC Architects 28 March 2017

DA09 B Roof Plan DDC Architects 28 March 2017

DA10 B Elevation Front DDC Architects 28 March 2017

DA11 D Elevation Back DDC Architects 16 June 2017

DA12 C Long Section DDC Architects 13 April 2017

OWNER: Susanne and Oliver Greeves

APPLICANT: Susanne Greeves

AUTHOR: Report of Student Assessment Officer, Hugh Shouldice

DATE OF REPORT: 24 July 2017

DATE LODGED: 28 March 2017

AMENDED: 16 June 2017

RECOMMENDATION: Approval

Report of Hugh Shouldice, Student Assessment Officer

Re: 137 Carabella Street, Kirribilli

EXECUTIVE SUMMARY

This development application seeks NSIPP approval for alterations and additions to an existing 3

storey semi-detached dwelling including an extension to the existing middle level balcony off an

existing bedroom (ground floor level) at No. 137 Carabella Street, Kirribilli.

This application is reported to North Sydney Independent Planning Panel for

determination due to the public interest in the application.

On 6 May 2017, DA35/17 proposing a similar balcony extension was approved by NSIPP for No.

139 Carabella Street subject to appropriate conditions of consent.

Notification of this proposal attracted three (3) submissions raising particular concerns about

visual privacy, noise, loss of amenity and heritage appearance. The assessment has considered

these concerns as well as the performance of the application against Council’s planning

requirements where the proposal was found to be acceptable because there would be no

unreasonable impacts to adjoining properties and/or the streetscape.

Following this assessment, the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.

LOCATION MAP

KIRRIBILLI

VILLAGE SQ

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BRO

UG

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WILLOUGHBY

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PHREY PLACEHUM

PHREY PLACE

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WINSLOW LANE

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CARABELLA

WINSLOW LANEROAD CLOSURE

STREET

WRIXTON PARK

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PLACE

(12C)16

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12

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Re:

Property/Applicant Submittors - Properties Notified

137 Carabella Street, Kirribilli - DA 102/17



DESCRIPTION OF PROPOSAL

The proposal involves alterations and additions to an existing 3 storey semi-detached dwelling

including an extension to the existing middle level balcony off an existing bedroom (ground floor

level). The proposal also involves installation of a privacy screen on the north western edge of

the balcony to minimise overlooking into No. 139 Carabella Street.

Figure 1 – Proposed works to rear elevation

Figure 2 –Floor Plan of proposed works



Figure 3 – Side elevation and proposed privacy screen

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R2 Low Density Residential

Item of Heritage – No

In Vicinity of Item of Heritage – Yes (Local Item I0297 – No. 45 Willoughby Street)

Conservation Area – Yes (Careening Cove Conservation Area)

FSBL - No

Environmental Planning & Assessment Act 1979

SEPP No. 55 – Remediation of Land

SREP (Sydney Harbour Catchment) 2005

Local Development

POLICY CONTROLS

NSDCP 2013



DESCRIPTION OF LOCALITY

The subject site, known as No. 137 Carabella Street, Kirribilli, is located on the north-eastern

side of Carabella Street within an R2 - Low Density Residential Zone. The site is legally

described as Lot 17, DP1078553. The site is rectangular in shape, with a frontage to Carabella

Street of 4.59 metres, an approximate length of 35.3 metres with a total site area of 162.05m2.

Currently occupying the subject site is a three storey Victorian Terrace. The locality is

characterised by a mixture of residential development types, including detached dwellings,

terraces and townhouses. To the northeast of the subject site is a local heritage item, being a

detached dwelling at No. 45 Willoughby Street. Further to the north is Milson Park. To the west

are single and double storey detached dwellings.

Figure 4 – Street view of Subject Site

Figure 5 – Context of Subject Site



Figure 6 – Heritage Zoning Map in relation to Subject Site

Figure 7 – Rear view of Subject Site and adjoining neighbours



RELEVANT HISTORY

The development application history associated with the subject site is listed below:-

Date Action

Previous Applications

August 2006 Council approved DA377/05/2 for amendments to the rear windows and doors,

an increase in the size of the approved balconies on the top floor as well as the

ground floor on the rear elevation.

Current Application

28 March 2017 The subject development application was submitted to Council.

7 April 2017 The application was placed on notification to the adjoining properties and the

Milson Precinct.

5 May 2017 A meeting was held at Council chambers with the owner of No. 137 Carabella

Street, Kirribilli and their professional consultants to discuss the issues arising

from the application with regards to privacy and heritage.

6 June 2017 Amended Plans were submitted to Council increasing the side setback (1.4m)

from the boundary with No. 139 Carabella Street with the provision of a

privacy screen.

13 June 2017 The application was re-notified to the adjoining properties and the Milson

Precinct. One submission was received against the amended proposal.

5 July 2017 NSIPP approved a development application for a similar extension to the

middle floor balcony at No. 139 Carabella Street, Kirribilli.

REFERRALS

Building

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

compliance with the National Construction Code. This would need to be undertaken prior to the

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

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

Heritage

The application was referred to Council’s Conservation Planner who provided the following

comments:

1. Heritage Status and Significance

The property is located within the Careening Cove Conservation Area, and is

identified as a contributory item.

The semi-detached dwelling forms part of a group of four Victorian terraces which

date from one of the key period of significance for the Careening Cove

Conservation Area, which is significant as a largely consistent early 20th century

residential area with some Victorian buildings. It is also noted for the unusual and

irregular pattern of street layout and consequently irregular subdivision patterns

that give the area a particular character. The area is also significant for the

amphitheatre like form around the reclaimed Milson Park and the head of the bay.



The terraces are also located immediately adjacent to a heritage listed Victorian

cottage at 135 Carabella Street.

It is also located in the vicinity of a heritage item at 45 Willoughby Street (rear of

the site).

2. The property

The subject terrace is the eastern most terrace in a group of four terraces in the filigree

style with a rendered brick façade with Victorian urns and decorative cornice details

concealing a skillion roof. The subject terrace retains its original form although the

property has been extensively altered with much of its original detail removed internally.

All of the terraces in this group have been the subject of recent alterations at the rear

including the subject property.

3. Heritage Impact Assessment and Recommendations

The proposed development at 137 Carabella Street Kirribilli has been assessed in terms

of Part 5 Clause 5.10 (Heritage Conservation) of the North Sydney LEP 2013 and

Section 13 (Heritage and Conservation) of the North Sydney DCP 2013.

The subject property is located within the Careening Cove Conservation Area, and is

identified as a contributory item. Its significance arises because it is part of a group of

terraces that have a strong contribution to the character and significance of the

Careening Cove Conservation Area.

The proposed works are minor, being limited to the extension of an existing balcony,

located at the rear of the property. The works will not be visible from the street or public

domain. The works are consistent with other approved developments in the group of

terraces.

As such, the proposed works are not considered to have a detrimental impact on the

significance or character of the terrace house, its group, or the surrounding conservation

area. The proposal will not impact on the adjacent listed cottage or nearby heritage

items.

Accordingly, no objection is raised on heritage grounds, subject to appropriate

conditions of consent (see condition A3, C5, E3).

SUBMISSIONS

On the 31 March 2017, the original plans were notified to adjoining property owners and the

Milson Precinct, inviting comment between 7 and 21 April 2017. Three (3) submission were

received against the application that are summarised below:

Basis of Submissions

The proposed extension to the balcony will enable neighbours to look directly into the

adjoining properties resulting in a significant loss of privacy.



Any proposed privacy screen would not minimise privacy and overlooking.

The proposed extension to the balcony will significantly increase the noise nuisance

because it will allow entertaining on the rear deck.

No consultation with adjoining neighbours who will be affected by the proposed DA.

There would be a loss of privacy for No.’s 135, 135A and 139 Carabella Street.

On the 9 June 2017, the amended proposal was notified to adjoining property owners and the

Milson Precinct, inviting comment between 13 June 2017 and 27 June 2017. One (1) submission

was received against the application and one (1) submissions was received in favour of the

application. The issues raised against the application are summarized below:

The proposed balcony will project 100cm beyond the neighbouring balcony resulting in

a major impact on the water views from No. 139 Carabella Street.

The 1.8m privacy screen will cause view loss and amenity loss for the residents at No.

139 Carabella Street.

The proposed addition to the balcony would have a detrimental impact to the row of

four terrace houses.

The modified plans are not consistent with the heritage appearance of the group of

terraces.

CONSIDERATION

The relevant matters for consideration under Section 79C of the Environmental Planning and

Assessment Act 1979, are assessed under the following headings:

SREP (Sydney Harbour Catchment) 2005

The subject site is not visible from Sydney Harbour or its foreshores. The proposal therefore

would not impact upon the scenic quality of Sydney Harbour or its waterways and is considered

acceptable with regard to the above SREP.

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 BASIX certificate is not required for the application as the proposed works are under $50,000,

which is considered to be exempt development under the above SEPP.



NSLEP 2013

Permissibility

The site is zoned R2 Low Density Residential under the provisions of the North Sydney Local

Environmental Plan 2013 (NSLEP 2013). Development for the purpose of alterations and

additions to a dwelling house is a permissible form of development with consent from Council.

Objectives of the zone

The objectives of the R2 – Low Density Residential are stated below:

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

environment.

To enable other land uses that 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.

The proposal, as amended by the recommended conditions of consent, will generally meet the

objectives of the zone as there will be no adverse privacy loss or unreasonable view loss for

adjoining properties.

Clause 4.3-Height

The maximum building height for the site is 8.5m pursuant to Clause 4.3 of NSLEP 2013. The

proposal does not exceed the height control and is therefore consistent with the objectives of the

building height control.

Clause 5.10 – Heritage Conservation

The subject site is a not a heritage item but is located in a conservation area in close proximity to

a heritage item at No. 45 Willoughby Street, Kirribilli. The proposal was referred to Council’s

Conservation Planner who raised no objection to the proposed works, subject to recommended

conditions of consent. Therefore, the proposal is considered to maintain the heritage significance

of the subject site and its surrounds, subject to recommended conditions and is therefore

considered to be satisfactory in this regard.



Clause 6.10 – Earthworks

The proposal does not involve any major earthworks.

NSDCP 2013

DEVELOPMENT CONTROL PLAN 2002

Complies Comments 1.1 Function

Mixed residential

population

Yes The proposal would not change the population mix and the level of

residential accommodation available within the locality and would not

affect the supply of affordable housing and housing for seniors or people

with disabilities.

Maintaining residential

accommodation

Maintaining affordable

housing

1.3 Environmental criteria

Topography Yes The site has a north east fall of 0.4m. However, the proposal is not

anticipated to impact upon the topography of the land as no major

excavation works would be required. The proposal would maintain the

natural landform of the site and is considered to be satisfactory in this

regard.

Views Yes The proposed balcony extension will have no adverse impact on views

for adjoining properties in particular No. 139 Carabella Street as seen in

Figure 8 below.

Figure 8 – The current view to the east from 139 Carabella Street.

No. 135A

Carabella Street Existing balcony

for No. 137

Carabella Street as

seen from No. 139

Carabella Street Approved

balcony at 139

Carabella Street Proposed

privacy

screen



Figure 9 – Floor Plan of proposed works

The amended plans include a 1.8m high privacy screen along the north

west edge of the balcony between No. 137 and No. 139 Carabella Street.

However, it is recommended that the privacy screen be reduced in depth

to 1m to minimize view loss for the adjoining properties as demonstrated

in Figure 10 (See Condition C1).

The proposed balcony extension would have little impact on adjoining

properties to the south of the site because these properties have no

windows facing towards the subject site and would therefore cause no

view loss for No. 135 and No. 135A Carabella Street as a result of the

proposal.



Figure 10 – North west elevation of privacy screen

Solar access Yes There would be no additional loss of solar access for No. 135A Carabella

Street because the proposal as amended by the applicant would only

cause minor overshadowing to the roof of the adjoining property.

Additionally, there would be no adverse impacts on the solar access of

No. 139 Carabella Street. The proposed privacy screen with narrow

vertical panels would allow morning sunlight to filter through to this

property.

Visual privacy Yes The proposed works to the subject site will not have adverse impact on

the visual privacy of the adjoining properties because:

The existing balcony already generates some degree of mutual

overlooking due to the small narrow lot size and the sloping

topography

The proposed increase in the area of the balcony is limited to

2.8sqm and the setback 1.5m off the northern side boundary to

minimize impacts.

The proposal includes a 1800mm (in height) privacy screen on

the north western boundary, which provides a reasonable level

of privacy for No. 139 Carabella Street. The proposed privacy

screen is located wholly within the boundary of No. 137

Carabella Street and will assist in minimizing any adverse

privacy impacts for this property (see Condition C1).

No. 139 Carabella Street, Kirribilli (DA35/17) was approved on

7 June 2017 by the North Sydney Independent Planning Panel

(NSIPP) for a minor extension to the rear balcony. The current

proposal for No. 137 Carabella Street is similar in nature to

DA35/17, which was determined to have no adverse impacts on

visual privacy to adjoining properties.

Reduced

depth of

privacy

screen at 137

Carabella

Street



(Note: Please refer to Figure 9 for the comparison of both

balconies)

Figure 11 – Existing View from No. 137 to No. 139 Carabella Street

rear garden

Acoustic Privacy

Yes The proposed extension to the existing bedroom balcony is unlikely to

cause noise nuisance due to its limited size (2m x 2.8m) and its location

off a bedroom. Therefore, it is not considered to be a space that is likely

to promote group activity and/or entertainment given its limited size. The

proposal, therefore will not add any additional acoustic privacy concerns.

The proposed privacy screen is also likely to act as a buffer for any noise

emanating from the balcony and satisfies the objectives of the NSDCP

2013.

1.4 Quality Built Form Context Yes The proposal is considered to be suitable for the site context and would

be complementary to the character of the surrounding area within the

Milson Precinct and the Kirribilli Neighborhood.

Streetscape Yes The proposal is considered unlikely to cause damage to Council’s

infrastructure and is considered to be acceptable in this regard.

Siting Yes The proposed development is considered to be appropriately sited on the

subject site.

Rear Setback

No

(Acceptable

on merit)

Whilst the proposed rear setback does not match the rear setback of the

adjoining terraces, the proposed rear balcony setback of 14.8m complies

with the minimum rear setback requirements of 8m as specified in the

Careening Cove Conservation Area Character Statement. The proposal is

therefore considered satisfactory in this regard.

Form, massing & scale Yes The amended proposal will not materially alter the bulk or scale of the

rear part of the terrace. The form, massing and scale is considered to

be acceptable in this regard.

Built form character Yes The proposed works are in keeping with the built form and character of

the surrounding area.

Colours and materials Yes The colours and materials for the proposal are consistent with the

adjacent dwellings. The materials of the balustrade are considered to be

consistent with the character of the surrounding area or the Careening

Cove Conservation Area (See Condition C5).



1.5 Quality urban environment

Accessibility Yes The proposed works do not affect or reduce the accessibility of the site.

Safety and security Yes The existing safety and security of the residents would be unaltered by

the proposal and is considered to be satisfactory in this regard.

Vehicle Access and

Parking

No Change There is no on-site parking and the proposal would not change the

parking situation.

Site Coverage

Yes

(No

Change)

The proposal would not result in an increase in site coverage.

Total Area = 150.92m2 Existing Proposal Complies

Site Coverage

(Max. 60%)

97.07m2

70m2

(46.6%)

Unchanged

Yes

Landscaped Area

(Min 20%)

32.36m2

44m2

(29.3%)

Unchanged

Yes

Unbuilt Upon Area

(Max 20%)

32.36m2

34m2

(22%)

Unchanged*

No*

*Refer to Note below

The proposal seeks to increase the size of the balcony by 2.8sqm. The

proposed balcony extension is unenclosed and will be directly above the

existing paved area on the lower ground level. Therefore, the proposal

will have no numerical change to the unbuilt upon area on the subject

site. Please refer below to Figure 12.

Figure 12 – Existing Balcony over existing deck

Landscaping Yes The proposed works would not affect the current landscaping

requirements for the subject site.



Part C – Character statements

North Sydney DCP Section 8.3 – Careening Cove Conservation Area

The application has been assessed against the relevant controls in Part B of North Sydney DCP

2013 and generally found to be satisfactory as indicated in the previous compliance table.

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

Section 8.3 – Careening Cove Conservation Area. The proposal maintains the built form at the

front of Victoria Terrace and is considered to be consistent with Section 8.3.6 – Characteristic

Built Elements of the Careening Cove Conservation Area in the NSDCP 2013.

SITE SUITABILITY

The proposal is considered to be suitable for the subject site, subject to conditions, given that the

proposal is unlikely to cause any adverse amenity impacts for adjoining properties.

PUBLIC INTEREST

The recommended approval of the application is unlikely to offend the public interest for the

reasons provided throughout the report.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

All likely impacts of the proposed development have been considered within the context of this

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Car parking 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

The application received three (3) submissions against the proposed works. The issues raised in

the submissions are addressed below with planning comments:

Visual Privacy Concerns

The proposed works to the subject site should not have adverse impact on the visual privacy of

the adjoining properties having regard to the following:

i. The existing balcony on the first floor already generates some mutual overlooking due

to the small and narrow lot size.

ii. The proposed increase in the area of the balcony is limited to 2.8sqm where the balcony

has been setback 1.5m off the north boundary. The proposal includes a 1800mm (in

height) privacy screen on the north western boundary, which provides a reasonable level

of privacy for No. 139 Carabella Street. The proposed privacy screen is located wholly

within the boundary of No. 137 Carabella Street and will assist in minimizing any adverse

privacy impacts for this property (see Condition C1).

iii. The proposed privacy screen with spaced louvers on an angle to ensure views and ‘

Maintain some natural light should be reduced in depth of 1m to ensure neighbouring

properties are protected from privacy issues and view loss (subject to Condition C1).

iv. NSIPP granted consent for a similar balcony extension at No. 139 Carabella Street,

Kirribilli (DA35/17) on the 7 June 2017, that was considered to have no adverse

impacts on visual privacy to adjoining properties.

Noise

The proposal is unlikely to have adverse acoustic privacy impacts for the adjoining neighbours

because the balcony would not promote entertaining, given its limited size. The proposed privacy

screen is also likely to act as a noise buffer for any noise emanating from the balcony to provide a

satisfactory level of acoustic privacy, to reasonably satisfy the objectives of the acoustic privacy

section of the NSDCP 2013.

Lack of consultation and poor design resulting is significant loss of amenity

There is no statutory requirement to consult with adjoining properties other than the notification

requirement under the EPA Act but the proposal is in keeping with the built form character of the

surrounding area. The proposal is unlikely to adversely impact the amenity of adjoining

properties as detailed earlier within this report.



Adverse heritage impact upon the group of Victorian terraces

Whilst the subject site is not a heritage item, the proposal is considered to be in keeping with the

character of the group of terraces. The proposed balcony is consistent with Section 8.3.6

Characteristic built elements of the NSDCP 2013 and seeks to incorporate the existing detailing

of the Juliette style balcony. In addition, Council’s Conservation Planner has raised no objection

to the proposal, subject to the imposition of appropriate conditions (refer to conditions A3, C4

and E3).

CONCLUSION

Development Application No.102/17 has been assessed against the North Sydney Local

Environmental Plan 2013, the North Sydney Development Control Plan 2013 and the relevant

State Planning Policies and generally found to be acceptable, subject to the appropriate

conditions of consent.

The proposed privacy screen (to a maximum height of 1800mm) would minimise overlooking

into adjoining properties and the use of materials should complement the existing dwelling.

However, the privacy screen should be reduced to depth of 1m to reduce view loss to adjoining

properties, whilst still maintaining a reasonable level of visual privacy.

Having regard to the provisions of Section 79C of the Environmental Planning & Assessment

Act 1979, the application, as amended is considered to be satisfactory and recommended for

approval subject to the attached standard and site specific conditions.

RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

THAT the North Sydney Independent Planning Panel, under the delegation of the Acting General

Manager as the consent authority, grant consent to Development Application No. 102/17 for an

extension to an existing rear deck on land at No. 137 Carabella Street subject to the site specific

conditions and attached standard conditions: -

Privacy Screen

C1. The privacy screen on the north western edge of the boundary must be no higher than

1.8m from the finished floor level of the balcony and reduced in depth to 1m.

The plans must be amended prior to the release of the construction certificate to the

satisfaction of the PCA.

(Reason: To ensure visual privacy and to minimise view loss for the adjoining

neighbours)

Hugh Shouldice Robyn Pearson

STUDENT ASSESSMENT OFFICER TEAM LEADER

Stephen Beattie

MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

137 CARABELLA STREET, KIRRIBILLI

DEVELOPMENT APPLICATION NO. 102/17

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. Issue Title Drawn by Received

DA04 C Site Plan DDC Architects 28 March 2017

DA05 B Basement Level (yard level) DDC Architects 28 March 2017

DA06 C Lower Ground Floor DDC Architects 28 March 2017

DA07 C Ground Floor Plan DDC Architects 28 March 2017

DA08 B First Floor Plan DDC Architects 28 March 2017

DA09 B Roof Plan DDC Architects 28 March 2017

DA10 B Elevation Front DDC Architects 28 March 2017

DA11 D Elevation Back DDC Architects 16 June 2017

DA12 C Long Section DDC Architects 13 April 2017

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

accordance with the determination of Council, Public Information)

Plans on Site

A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction

Certificate) must be kept on site at all times so as to be readily available for perusal by

any officer of Council or the Principal Certifying Authority.

All documents kept on site in accordance with this condition must be provided to any

officer of the Council or the certifying authority upon their request.

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

accordance with the determination of Council, Public Information and

to ensure ongoing compliance)

ATTACHMENT TO IPP02 - 02/08/17

137 CARABELLA STREET, KIRRIBLLI

DEVELOPMENT APPLICATION NO. 102/17 Page 2 of 13

September 2013 v1

No Demolition of Extra Fabric

A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated).

Privacy Screen

C1. The privacy screen on the north western edge of the boundary must be no higher than

1.8m from the finished floor level of the balcony and reduced in depth to 1m.

The plans must be amended prior to the release of the construction certificate to the

satisfaction of the PCA.

(Reason: To ensure visual privacy and to minimise view loss for the adjoining

neighbours)

Dilapidation Report Damage to Public Infrastructure

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

a suitably qualified consultant which details the pre-developed condition of the

existing public infrastructure in the vicinity of the development site. Particular

attention must be paid to accurately recording any pre-developed damaged areas so

that Council is fully informed when assessing any damage to public infrastructure

caused as a result of the development. A copy of the dilapidation survey and report is

to be submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate.

The developer may be held liable for all damage to public infrastructure in the vicinity

of the site, where such damage is not accurately recorded and demonstrated as pre-

existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public

infrastructure damaged as a result of the carrying out of the development, and no

occupation of the development shall occur until damage caused as a result of the

carrying out of the development is rectified.

A copy of the dilapidation survey and report must be lodged with North Sydney

Council by the Certifying Authority with submission of the Construction Certificate

documentation.

(Reason: To record the condition of public infrastructure prior to the

commencement of construction)




September 2013 v1

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)

Waste Management Plan

C4. 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)

Colours, Finishes and Materials (Conservation Areas)

C5. The finishes, materials and exterior colours shall be complementary to the

architectural style of the original building and sympathetic to the character of the

Conservation Area. A schedule of finishes, materials and external colours shall be

submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate. The Certifying Authority must ensure that the building plans

and specifications submitted fully satisfy the requirements of this condition prior to

the release of the Construction Certificate.

(Reason: To ensure that the completed colours, finishes and materials are

complementary to the Conservation Area.)




September 2013 v1

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and

Gutter, Footpaths, Vehicular Crossing and Road Pavement

C6. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $1,500.00 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;

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)


http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#environment

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#control



September 2013 v1

Security Deposit/ Guarantee Schedule

C7. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($)

Footpath Damage Bond $1,500.00

TOTAL BONDS $1,500.00

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)

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

Commencement of Works Notice

D1. 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)

Asbestos Material Survey

D2. Prior to the commencement of any works, a report must be prepared by a suitably

qualified person in relation to the existing building fabric to be demolished and/or

disturbed identifying the presence or otherwise of asbestos contamination and, if

asbestos contamination is present, making recommendations as to the work required

to safely address the contamination.

Any demolition works or other works identified in the report as having to be carried

out must be carried out in accordance with the recommendations of the report and the

following:

a) the removal of asbestos must be undertaken by a WorkCover licensed

contractor;

b) all removal must be in strict accordance with the requirements of the

WorkCover Authority in relation to the removal, handling and disposal of

material containing asbestos and any Work Safe Australia requirements.




September 2013 v1

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS

REMOVAL IN PROGRESS” must be erected in a visible position at the

boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof

of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the

issue of any Construction Certificate. The Certifying Authority must ensure that the

report, and other plans, referenced on and accompanying the issued Construction

Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the

building is not put at risk unnecessarily)

E. During Demolition and Building Work

Parking Restrictions

E1. 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

E2. 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)




September 2013 v1

Removal of Extra Fabric

E3. 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

E4. The following must be complied with at all times:

(a) Materials must not be burnt on the site.

(b) Vehicles entering and leaving the site with soil or fill material must be

covered.

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

emissions in accordance with the NSW Department of Housing’s 1998

guidelines - Managing Urban Stormwater: Soils and Construction.

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

to prevent nuisance occurring at adjoining properties.

(Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration

E5. 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)

Developer's Cost of Work on Council Property

E6. 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)




September 2013 v1

Special Permits

E7. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must

occur entirely on the property.

The developer, owner or builder may apply for specific permits available from

Council’s Customer Service Centre for the undermentioned activities on Council’s

property. In the event that a permit is granted by Council for the carrying out of

works, processes, storage of materials, loading and unloading associated with the

development on Council's property, the development must be carried out in

accordance with the requirements of the permit. A minimum of forty-eight (48) hours

notice is required for any permit: -

1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the

hours of operation, the area of operation, etc. Separate permits are required for

each occasion and each piece of equipment. It is the developer's, owner’s and

builder’s responsibilities to take whatever steps are necessary to ensure that the

use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

2) Hoardings

Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class

hoarding is to alienate a section of Council’s property, that section will require

a permit for the occupation of Council’s property.


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.





September 2013 v1

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

E8. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm

inclusive, with no work on Sundays and Public Holidays.

Demolition and excavation works must be restricted to within the hours of 8.00 am to

5.00 pm Monday to Friday only. For the purposes of this condition:

a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of

service installation and the unloading of plant, machinery, materials or the like.

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

structure (or part thereof) or surface, or the like, and includes the loading of

demolition waste and the unloading of plant or machinery.

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

jackhammers, rock breakers, excavators, loaders, or the like, regardless of

whether the activities disturb or alter the natural state of the existing ground

stratum or are breaking up/removing materials from the site and includes the

unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact

telephone number, which is to be clearly visible and legible from any public place

adjoining the site.

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

expectations of residents and the community)




September 2013 v1

Health and Safety

E9. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to

prepare a health and safety plan. Site fencing must be installed sufficient to exclude

the public from the site. Safety signs must be erected that warn the public to keep out

of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements

for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

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

site)

Prohibition on Use of Pavements

E10. 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

E11. 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)

Asbestos Removal

E12. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or

“Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos

Licence and removal must be carried out in accordance with National Occupational

Health and Safety Commission.

(Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements)


http://www.northsydney.nsw.gov.au/



September 2013 v1

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

relevant Legislation

National Construction Code

F1. All building work must be carried out in accordance with the provisions of the

National Construction Code.

(Reason: Prescribed - Statutory)

Home Building Act

F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home

Building Act 1989 requires there to be a contract of insurance under Part 6 of

that Act must not be carried out unless the Principal Certifying Authority for

the development to which the work relates has given North Sydney Council

written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a principal contractor is required to be

appointed:

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

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

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit

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

2) If arrangements for doing residential building work are changed while the

work is in progress such that the information submitted to Council in

accordance with this conditions is out of date, work must cease and no further

work may be carried out unless the Principal Certifying Authority for the

development to which the work relates (not being the Council), has given the

Council written notice of the updated information.

Note: A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance

policy issued for the purposes of that Part is, for the purposes of this clause,

sufficient evidence that the person has complied with the requirements of that

Part.

(Reason: Prescribed - Statutory)




September 2013 v1

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)

Demolition

F6. Demolition work must be undertaken in accordance with the provisions of AS2601-

Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible

manner and protect adjoining property and persons from potential

damage)




September 2013 v1

G. Prior to the Issue of an Occupation Certificate

Infrastructure Repair and Completion of Works

G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

a. in the road reserve must be fully completed; and

b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not

limited to, delivery vehicles, waste collection, contractors, sub-contractors,

concrete vehicles) must be fully repaired;

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

(Reason: Maintain quality of Public assets)

Damage to Adjoining Properties

G2. All precautions must be taken to prevent any damage likely to be sustained to

adjoining properties. Adjoining owner property rights and the need for owner’s

permission must be observed at all times, including the entering onto land for the

purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected)

Utility Services

G3. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to

Council.

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

Compliance with Certain conditions

G4. Prior to the issue of any Occupation Certificate, Condition C1 ‘Privacy Screen’ 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)


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.

ATTACHMENT TO IPP02 - 02/08/17 Page 44

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