item - reports · 2018-02-01 · item __ipp04_ - reports -_07/02/18___ n o r t h s y d...

Item ____IPP04_______ - REPORTS -______07/02/18_________

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

NSIPP MEETING HELD ON 07/02/2018

Attachments:

1. Site Plan

2. Architectural Plans

3. Shadow Diagrams

4. Clause 4.6 Variation

ADDRESS/WARD: 97 Broughton Street, Kirribilli (V)

APPLICATION No: DA 297/17

PROPOSAL: Alterations and additions to an existing semi-detached dwelling

including internal alterations, ground and first floor rear additions,

a new dormer and a lower ground floor rear deck

PLANS REF:

Drawing Nos. Plan Description Date Drawn by Received

1618/01 B Site plan 18.12.17 Bawtree Design 19/12/17

1618/02 B Floor plans 18.12.17 Bawtree Design 19/12/17

1618/03 B First floor plan 18.12.17 Bawtree Design 19/12/17

1618/04 B S & W elevations 18.12.17 Bawtree Design 19/12/17

1618/05 B E elevation & sections 18.12.17 Bawtree Design 19/12/17

1618/19 B Landscape plan 18.12.17 Bawtree Design 19/12/17

OWNER: Kristin & Simon Griffith

APPLICANT: Kristin & Simon Griffith

AUTHOR: Robin Tse, Senior Assessment Officer

DATE OF REPORT: 30 January 2018

DATE LODGED: 23 August 2017

AMENDED: 19 December 2017

RECOMMENDATION: Approval

Report of Robin Tse, Senior Assessment Officer

Re: 97 Broughton Street, Kirribilli

EXECUTIVE SUMMARY

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

semi-detached dwelling at No. 97 Broughton Street, Kirribilli including internal alterations,

ground and first floor rear additions, a new dormer and a lower ground floor rear deck.

The subject application is reported to North Sydney Independent Planning Panel for

determination due to public interest.

The notification of the original and amended proposals application has attracted a total of eight

(8) submissions from adjoining property owners raising concerns relating to the

adequacy/accuracy of the DA submission, extensive amenity impacts in terms of the loss of

privacy and shadowing impacts as well as construction management.

The subject site is zoned R3 (Medium Density Residential) which permits higher density

development. Furthermore, the site is located within a highly built up area with relatively small

lots and a diverse mix of built forms/architectural styles.

Consideration has also been given to the Clause 4.6 request for a variation to the LEP’s building

height development standard as submitted by the applicant. The variation to the building height

development standard is justifiable because the building elements above the LEP maximum

building height is unlikely to have an impact on the character of the locality and would not cause

material amenity impacts for the adjoining properties in terms of view loss, overshadowing or

privacy loss.

Various privacy protection devices have been proposed to minimise visual privacy impacts on the

adjoining property at No.95 Broughton Street. In addition, solar access to the lower ground floor

living room and the first floor kitchen windows is considered to be acceptable.

The issues raised in the submissions received have also been addressed in the report with the

imposition of appropriate conditions.

The proposal, as amended by the recommended conditions, is considered to be satisfactory

having regard to the relevant Environmental Planning Instruments, Development Control Plans

and Council policies and is therefore recommended for approval.

LOCATION MAP

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Pt 5

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2

Re:

Property/Applicant Submittors - Properties Notified

97 Broughton Street, Kirribilli - DA 297/17



DESCRIPTION OF PROPOSAL

The applicant seeks approval for alterations and additions to an existing semi-detached dwelling.

The proposed works are summarised below:

LOWER GROUND FLOOR (FFL13.82/FFL14.10)

Internal alterations including demolition of existing internal walls to provide an open plan

kitchen, dining/living area, walk in pantry, a new laundry and new staircase to the upper

levels;

Fenestration changes including removal of existing windows and installation of new

windows and doors on the eastern and southern elevations;

Construction of a new timber deck at FFL 13.28 and associated privacy screens;

GROUND FLOOR (FFL16.83)

Internal alterations including demolition of internal walls and the removal of the existing

kitchen to provide two bedrooms, a bathroom and a staircase;

Construction of a 1m extension at the rear of bedroom 02 and a new rear deck with

privacy screens replacing the existing rear deck;

Relocation of the Broughton Street entrance gate;

FIRST FLOOR/ATTIC (FFL19.71)

A new first floor/attic addition including a new master bedroom with an ensuite

bathroom;

A new rear deck with associated privacy screens;

The proposal also includes landscaping works within the rear yard and the side building setback

area with new planting and ground surface treatments.

New timber deck

Site Plan

New dormer

Attic addition

95 Broughton St

99 Broughton St



Figures 1 - 4 – Proposed Development

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R3 – Medium Density Residential

Item of Heritage – No

In Vicinity of Item of Heritage – Greenway Flats Item No. 10187 directly opposite

Conservation Area – No

FSBL – No

Environmental Planning & Assessment Act 1979

SEPP 55 – Remediation of Land

SREP (Sydney Harbour Catchment) 2005

SEEP (Building Sustainability Index – BASIX) 2004

Ground Flr

Lower Ground Flr

First Flr/Attic

Southern Elevation

Western (Front) Elevation

New dormer New attic addition

New timber deck & Privacy screen

New dormer

G/F Bedroom addition

Eastern (Rear) Elevation

Ground Flr

Lower Ground Flr

First Flr/Attic



Local Development

POLICY CONTROLS

NSDCP 2013

Figure 5: Zoning Map

Figure 6: Heritage Map

DESCRIPTION OF LOCALITY

The subject site is legally described as Lot 2 in DP 230982 also known as 97 Broughton Street,

Kirribilli. Existing on the site is a part 1, 2, 3 storey semi-detached dwelling with a primary

frontage to Broughton Street of 5.03m and a total site area of 149m2. To the north, south and east

of the subject site are other semi-detached dwellings. The dwelling is not a heritage item and/or a

contributory item and the subject site is not located within conservation area. To the east of the

subject site is Careening Cove Conservation Area (Figure 6).

Many of the semi-detached dwellings along Broughton Street have been heavily modified

including dormers on the front elevation and contemporary style rear additions with

balconies/terraces as shown in Figure 9.

Subject Site 95 Broughton St 99 Broughton St



Figures 7 & 8 – Subject Site

Directly opposite is a heritage item known as the Greenway Flats being public housing that is

multi-storey building where many of the residents enjoy significant views of Sydney Harbour.

The site is also in close proximity to the Kirribilli Shopping Village and Milsons Point Railways

Station and the Harbour Bridge.

Figure 9 – The Locality

95 Broughton St 99 Broughton St

Subject Site

Rear (Eastern) Elevation

95 Broughton St

99 Broughton St

Subject Site 17 McDougall St

Greenway Flats



RELEVANT HISTORY

Development History

On 10 September 2001 Council approved Development application no. 639/01 involving

alterations and additions to the existing dwelling including a dormer to Broughton Street and an

attic addition with a rear deck. The consent has lapsed and the approved works were never

constructed at the subject site.

Subject Development Application

25 August 2017 The subject development application was lodged with Council.

31 August 2017 The application was notified to adjoining properties and the Milson

Precinct for a fourteen (14) day period between 8 and 22 September

2017.

4 September 2017 Council requested additional information including a compliance

diagram (site coverage landscaped and unbuilt upon area) and a

stormwater concept plan.

29 September 2017 An inspection of the subject site was carried out by the Assessing

Officer.

6 October 2017 The Assessing Officer conducted an inspection of an adjoining

property to the south.

27 October 2017 An in-house meeting was held with the applicant to discuss Council’s

concerns including overshadowing, privacy loss, site coverage, bulk

and scale.

18 December 2017 The applicant submitted additional information including a current

survey, shadow diagrams and amended plans.

21 December 2017 The submitters were notified about the submission of amended plan

between 21 December 2017 and 19 January 2018. The key

amendments included a reduced height for the lower ground floor

timber deck and a reduction in the size of the ground floor rear

addition for bedroom 2.

REFERRALS

Building

The proposal would have to comply with the National Construction Code. A condition can be

imposed to ensure compliance (Condition F1).



Heritage

Council’s Conservation Planner was consulted who raised no objection to the proposed

development given that the subject site is not a heritage item nor located within a conservation

area. Furthermore, it is also noted that many semi-detached dwellings along Broughton Street

have been heavily modified with contemporary style rear additions featuring modern materials.

Landscaping

The applicant submitted a landscape plan and this was referred to Council’s A/Landscape

Development Officer who raised no in-principle objection to the proposed landscape plan.

The landscape plan will provide an improved landscape setting with new soft landscaping

replacing hard paving within the rear setback.

A condition is recommended requiring the applicant to prepare a detailed landscape plan

including alternative screening planting along the southern property boundary at a maximum

mature height of 3m to provide appropriate visual privacy protection for No. 95 Broughton Street

and to maintain solar access to the rear yard of this adjoining property (Condition C1).

Engineering

Council’s Development Engineer who raised no in-principle objection to the proposed

development subject to the imposition of appropriate engineering conditions.

SUBMISSIONS

On 31 August 2017, Council notified the owners of adjoining properties and the Milson Precinct

for a 14 day period between 8 and 22 September 2017. The notification resulted in four (4)

submissions including two (2) submissions from one adjoining property.

Basis of Submissions

Loss of amenity arising from construction.

Construction should only be permitted on week days and not at the weekends.

No builder’s pets should be allowed on the site during construction.

Only one skip should be allowed to minimise the loss of on street parking.

Sound proofing should be applied to the common party wall.

A dilapidation report for No. 99 Brought Street should be completed prior to construction.

The laneway at the rear of the site should be kept clear at all times.

Loss of solar access.

Shadow diagrams do not clearly show the impacts on all adjoining properties.

Noise nuisance arising from the use of the new decks.

Loss of visual privacy to all living areas and two bedroom within an adjoining property to the east.

Detrimental impacts on the amenity of adjoining properties to the east in terms of visual privacy and

noise nuisance.

No provision for soft landscaping.

Concerns about stormwater drainage due to lack of soft landscaping.




The application is not accurate with many errors in the Statement of Environmental Effects.

Loss of solar access and natural daylight.

Loss of privacy.

Odour from the extractor fan in the kitchen.

Potential fire risk arising from the location of the gas hot water system and other mechanical devices.

Non-compliance with the LEP building height limit and setback requirements.

Excessive overshadowing due to the proposed works.

Shadow diagrams are inaccurate because they do not show all new structures and existing windows

on the adjoining property.

Independent shadow assessment requested.

Proposed windows would cause excessive overlooking of the adjoining property to the south.

A more detail survey should be submitted at 1:100, show all existing structures, show all trees

greater than 5m and/or with a canopy of 3m, location of all buildings/structures on adjoining land,

provide levels and details of easements and rights of way including common or party walls.

Floor plans are incomplete with no RLs and/or dimensions.

Sections are also incomplete with crucial elements not shown.

Photomontages are incorrect.

Window sill heights and height of privacy screens are not shown on drawings.

Floor levels and the roof have been raised resulting in additional overshadowing and visual privacy

impacts.

Potential heritage impact.

The alterations and additions would be discernible from the street.

The new first floor addition is not wholly contained within the existing roof space.

Loss of outlook to nearby vegetation.

The clause 4.6 variation is contestable.

The submitters were notified about the amended plans between 21 December 2017 and 19

January 2018. This notification has attracted four (4) submissions, including two (2) submissions

from the same property and a late submission, as summarised below.


The amended plans do not resolve the concerns previous raised in terms of the loss of visual privacy

and noise nuisance.

The amended proposal would have detrimental impacts on the adjoining properties along McDougall

Street.

The amended plans have not addressed the adverse impacts on the amenity of the adjoining property

to the south in terms of privacy loss and overshadowing.

The proposed windows/doorways on all levels would cause significant overlooking of the internal and

external areas of the adjoining property to the south.

The kitchen and dining room windows within the adjoining property would cause overlooking onto

the proposed living/dining room.

The proposed hedge along the property boundary would not provide adequate privacy protection for

the adjoining property.




The lowering of the rear deck in the amended proposal would not address privacy concerns. This

deck should be lowered further.

The proposed structures and planting would cause more overshadowing of the adjoining property.

Inaccurate shadow diagrams and failure to take into consideration the shadowing impacts from nearby

structures and vegetation.

The existing timber deck at No.99 Broughton Street is unauthorised and cannot be used as a

precedent.

Noise nuisance from any mechanical devices (i.e. water heater/ventilating fans) along the side

boundary setback area.

All windows should be dimensioned.

There are extensive inconsistencies and omissions in the amended plans including lack of details and

inaccurate drawings.

Non-compliance with the height limit and setback controls.

Excessive overshadowing for the southern property arising from the proposed structures including the

privacy screens.

Inaccurate shadow diagrams.

Adverse visual privacy and noise impacts for the adjoining property to the south.

The proposed elevated rear deck would cause overlooking and additional overshadowing onto the

adjoining property to the south.

Unauthorised rear deck at No.99 Broughton Street should not be taken as a precedent.

The amended plans have not addressed the concerns raised in the previous submission relating to the

original proposal.

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:

SREP (Sydney Harbour Catchment) 2005

The subject site falls under the provisions of the SREP (Sydney Harbour Catchment) 2005

(gazetted on 28 September 2005). The subject property is not visible from the harbour and

located far enough away from the foreshores of Sydney Harbour so as not to cause a detrimental

impact upon water quality, marine life and/or aquatic vegetation.

SEPP 55 – Remediation of Land

The provisions of SEPP 55 require Council to consider the likelihood that the site has previously

been contaminated and to address the methods necessary to remediate the site. Council is

unaware of any contamination affecting the site, which would be likely to require remediation

resulting from this development proposal. Furthermore, the proposed modifications will not

involve any additional excavation or demolition. The requirements of SEPP 55 have been

satisfactorily addressed.



SEPP (Building Sustainability Index: BASIX) 2004

The applicant has lodged a valid BASIX Certificate for the amended proposal that has been

included in the conditions of consent (Condition C16).

NORTH SYDNEY LEP 2013

Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 149m²

Existing Proposed Control Complies

Clause 4.3 – Heights of Building 8.9m 8.9m 8.5m NO – Clause 4.6

Development

Standard Variation

received.

1. Permissibility within the zone

The subject site is zoned Residential R3 (Medium Density Residential) under the provisions of

the North Sydney Local Environmental Plan 2013 (NSLEP 2013).

The subject site is zoned R3 where proposals for alterations and additions to an existing semi-

detached dwelling for use as a single occupancy is permissible with development consent from

Council.

2. Zone Objectives

The planning objectives for an R3 (Medium Density Residential) zone are stated below:

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

environment.

To provide a variety of housing types within a medium density residential environment.

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

of residents.

To encourage the development of sites for medium density housing if such development

does not compromise the amenity of the surrounding area or the natural or cultural

heritage of the area.

To provide for a suitable visual transition between high density residential areas and

lower density residential areas.

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

The proposed development generally supports the objectives of the zone for the reasons stated

throughout this report.

3. Building Heights

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



of NSLEP 2013.

The height of the existing semi-detached dwelling at 8.9m breaches the LEP maximum building

height control. The height of the roof of the proposed first floor/attic addition at 8.9m would

breach the LEP building height control by up to 400mm as shown in Figure 10 below.

Figure 10 – Southern Elevation and LEP Building Height Control

The applicant has submitted a written request seeking a variation to the permissible building

height limit in accordance with Clause 4.6 of NSLEP 2013.

4. Clause 4.6 Exceptions to Development Standards

The proposed breach has been assessed against the requirements of Clause 4.6 of NSLEP 2013

and the objectives of the building height control. These matters have been considered below: -

Objectives of Building Heights:

(1)(a) To promote development that conforms to and reflects natural landforms, by

stepping development on sloping land to follow the natural gradient – The design

of the proposal generally respects the existing landform and would maintain a

stepped built form in line with the topography of the subject site towards the rear

(eastern) property boundary.

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

building elements in breach of the LEP building height limit would be the new

skillion roof over the new first floor addition.

8.5m

First Flr/Attic Addition

Bldg elements over 8.5m



The building elements above 8.5m are located above the ground floor windows on

northern elevation of No. 95 Broughton street. Consequently, the non-complying

building elements would not be highly visible from No. 95 Broughton Street and

would have no material impact on the views/outlook currently enjoyed by this

adjoining property apart from some obstruction to the outlook to the sky towards the

north as illustrated in Figure 11 below.

Figure 11 – View from No. 95 Broughton Street toward the north

Furthermore, the new roof above the LEP building height limit would have no

material impacts on views from Broughton Street and the adjoining properties to the

east of the subject site given the proposed rear addition would not be higher than the

ridge height of the existing semi-detached dwelling.

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

promote solar access to future development – An examination of the shadow

diagrams submitted with the application has revealed that the additional shadow

from the first floor addition would fall on the roof of the adjoining property to the

south (i.e. No.95 Broughton Street) between 9am and 1pm during mid-winter as

shown in blue in Figures 12 – 17 below. No other adjoining properties would be

materially affected by the proposal between 9am and 3pm during mid-winter.

9 am 10 am 11 am



Figures 12 -17 – 3D Shaow Diagrams between 9am and 2pm during mid winter

It is therefore considered that there would be no material shadowing impacts from

the non-complying building elements on the adjoining property at No.95 Broughton

Street.

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

residents of new buildings – The proposed roof over the first floor/attic addition

above the LEP height limit would not contain any openings, therefore there would be

no privacy impacts on the adjoining properties.

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

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

accordance with, and promotes the character of the area

The design of the proposed development is generally consistent with the

characteristic height, bulk, scale and built form of other properties within the

locality.

The proposal would not increase the density of the subject site as this will continue

be used as a single dwelling.

That compliance with the development standard is unreasonable or unnecessary in the

circumstances of the case, and

Strict compliance with the building height control is considered to be unreasonable and

unnecessary as the elements in breach of the height control will not have material impacts on the

character of the locality and/or the amenity of adjoining properties.

As has been demonstrated above, the new building elements above the LEP height limit will not

be easily discernible from the public domain or result in unacceptable loss of significant views,

overshadowing or privacy impacts. The proposed built form on this site is considered to be

generally consistent with the existing detached dwelling.

12 noon 1 pm 2 pm



That there are sufficient environmental planning grounds to justify contravening the

development standard.

The proposal would provide good amenity for the future residents of the subject dwelling. The

design of the new building elements is generally in-keeping with the characteristic built forms of

other buildings found within the locality.

Furthermore, the non-complying building elements are unlikely to cause material impacts for the

adjoining properties as detailed throughout this report.

The proposed development will be in the public interest because it is consistent with the

objectives of the particular standard and the objectives for development within the zone in

which the development is proposed to be carried out, and

The written justification as submitted by the applicant seeking variation to Clause 4.3(2) in

NSLEP 2013 is considered to be well founded in the site circumstances.

Therefore, compliance with the maximum building height control is considered to be

unreasonable and unnecessary in the circumstances, as the objectives of the zone and the

control are achieved despite the non-compliance subject to the imposition of appropriate

conditions of consent.

5. Earth Works

The proposed development does not involve excavation and earth works within the subject site.

NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development

complies Comments

1.2 Social Amenity

Population Mix

Maintaining

Residential

Accommodation

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

accommodation available within the locality.

Affordable Housing

Housing for

Seniors/Persons with

disability

Yes The proposed development would not affect the supply of affordable housing and

housing for seniors or people with disabilities.

1.3 Environmental Criteria

Topography Yes The proposal would not alter the landform of the subject property.

Views Yes The proposed development would not cause the loss of significant views from the

adjoining properties and the public domain.

No.95 Broughton Street

As mentioned earlier in this report, the adjoining property at No.95 Broughton

Street has outlook to the sky (Figure 11) and nearby buildings and vegetation from

the north facing windows to lower ground floor living room and ground floor

kitchen/dining room (Figures 18 & 19).



Figures 18 & 19 – Views from No.95 Broughton Street

The proposed works, including the privacy screens, would cause some obstructions

to the outlook to nearby buildings and vegetation across the side property boundary

towards the north. However, the outlook does not contain any significant views

and the outlook to buildings and vegetation to the north-east from the rear yard and

ground floor rear deck would generally be retained (Figure 20).

Figure 20 – Outlook from No.95 Broughton Street towards north-east

The proposal would not cause material view loss for other adjoining residential

properties.

Public Domain

The proposed rear addition would not be highly visible along Broughton Street

apart from an oblique view from the south-west (Figure 21). However, the

proposed first floor addition would only affect an outlook to the sky and some

vegetation and the impact is not considered to be material.

Living Room (Lower ground Flr)

Kitchen window (Ground Flr)

Outline of the proposed structures



Figure 21 – Outlook from Broughton Street

Solar Access Yes An examination of the shadow diagrams has revealed that No.95 Broughton Street

would be the only adjoining properties affected by additional shadows between

9am and 3pm during mid-winter.

Consideration has been given to the shadowing impacts on windows on the lower

ground and ground floor of No.95 Broughton Street during mid-winter (Figures 22

– 26):

Lower Ground Floor – Living Room

The living room has windows on the eastern and northern elevations.

The windows on the eastern elevation currently receive approximately 2.5 hours of

sunlight between 9am and 11.30am during mid-winter and solar access to these

windows would generally be retained.

There are a total of seven (7) windows in three openings on the northern elevation.

The 3D shadow diagrams indicate that solar access to these windows would

generally be retained during mid-winter.

Whilst the 3D shadow diagrams do not show the shadow from the proposed timber

awning over the steps to the rear deck, this 750mm deep awning would only cause

minor shadowing onto the living room windows between 12noon and 1pm during

mid-winter and would maintain compliance with the DCP minimum requirement

for 3 hours of sunlight to these windows during mid- winter.

Lower Ground Floor – Bedroom

The proposal would have no additional overshadowing to these windows because

they are currently in shade between 9am and 3pm during mid-winter.

Outline of the proposed structures

Living Rm windows

Bedroom windows

Kitchen window

9 am

Dining Rm window



Figures 22 – 26 – 3D shadow Diagrams (No.95 Broughton St)

Ground Floor – Kitchen

The kitchen windows currently enjoy three (3) hours of sunlight between 9am and

3pm during mid-winter. The proposed ground floor rear addition and the privacy

screen on the southern edge of the rear deck off the ground floor bedroom would

reduce solar access to this window by up to one (1) hour during the morning hours

in mid-winter.

However, it is noted that the additional shadows would be caused by building

elements (being the ground floor rear addition and the privacy screen on the

southern edge of the ground floor rear deck) which comply with the LEP building

height and DCP side setback controls. Furthermore, solar access to the rear deck

off the kitchen area would be retained during mid-winter.

Therefore, solar access to this window is considered to be acceptable.

Ground Floor – Dining Room

The dining room is located in the middle section of this adjoining dwelling. The

dining room window currently receive approximately one (1) hour of sunlight

between 9am and 10am during mid-winter. This window would be in shade for all

hours between 9am and 3pm during mid-winter.

Additional shadowing of these windows would be caused by building elements

comply with the building height and side boundary setback controls.

It is considered that protecting solar access to this room is difficult due to its

location in the middle section of the dwelling.

Rear Setback

The proposed development would have no additional shadowing impacts on the

rear setback of No.95 Broughton Street because the additional shadow would fall

within the shadows caused by existing building elements within the subject site

and/or the adjoining properties.

10 am 11 am

12 noon 1 pm



It is considered that the shadowing impacts caused by the proposed development

are acceptable.

Acoustic Privacy

Yes

(via

condition)

The proposal is unlikely to cause material impacts in terms of acoustic privacy for

the adjoining properties for the following reasons:

(a) The existing elevated deck off the living/dining area on the ground floor

would be re-located to the lower ground floor within the rear yard off the

new living area;

(b) The ground floor rear deck would serve a new bedroom with a reduction

in size and use of this space;

(c) The first floor balcony off the master bedroom is unlikely to be used for

noisy activities given the use of this room;

(d) The lower ground floor sliding doors on the south elevation would

replace a set of sliding doors at the same location;

(e) The applicant has indicated the relocation of the existing water heater

and exhaust fans to another location further away from the southern

property boundary;

(f) A standard condition relating to noise emissions from plant equipment

has been recommended to minimise noise nuisance for the adjoining

properties (Condition C14).

Visual Privacy Yes

(via

condition)

Consideration has been given to the possible visual privacy impacts on the

adjoining properties, particularly No.95 Broughton Street and No. 17 McDougall

Street.

No. 95 Broughton Street

The applicant has proposed highlight windows and privacy screens to minimise

visual privacy impact on the adjoining property at No.95 Broughton Street as

illustrated in the sightline diagrams below:

95 Brought St

Subject site

Rear Deck

Privacy screen

Subject site

Rear Terrace

Living Rm

Living Rm Living Rm

Kitchen

Bedroom deck



Figures 27 – 29 – Sightline Diagrams

It is considered that the proposal is adequate in providing visual privacy protection

from possible overlooking from the rear decks and the lower ground floor living

room.

The slot view windows from the ground floor bedroom 2 and the first floor master

bedroom on the eastern (rear) elevation are unlikely to cause adverse visual privacy

impacts for No.95 Broughton Street given the use of the room as a bedroom and

the oblique line of sight from these windows to No.95 Broughton Street.

The boundary fence along the southern property boundary with No.95 Broughton

Street would provide screening for the lower ground floor kitchen and bathroom

windows as well as the replacement living room sliding door on the southern

elevation. The applicant has also proposed screen planting to a section of the

boundary fencing opposite the sliding door to provide additional visual privacy for

No.95 Broughton Street.

Furthermore, the applicant has proposed screen planting within the rear yard along

the northern, eastern and southern boundaries to provide additional privacy

protection for the adjoining properties. A condition is recommended requiring the

maximum height of 3m for the screen planting along the southern boundary to

maintain solar access whilst providing visual privacy for the adjoining property

(Condition C1).

It is considered that the proposal would adequately protect visual privacy for No.95

Broughton Street.

No.17 McDougall Street

This adjoining three storey semi-detached dwelling is located to the east of the

subject site.

The proposed screen planting along the eastern (rear) property boundary would

provide visual privacy protection for the ground floor rear terrace of No.17

McDougall Street.

Visual privacy impacts on the first floor bedroom/bathroom windows and the

dormer window on the south-western elevation of this adjoining property are not

considered to be material for the followings reasons:

(a) These windows provide an outlook to the rear yard of No.95 Broughton

street and oblique view of the subject site;

(b) Adequate separation distances are provided between the subject site and

No.17 McDougall Street including 12m from the lower ground floor rear

deck, 15m from the lower ground floor living room window, 20m from

the ground floor bedroom 2 window/master bedroom balcony, and 27m

from the slot view windows of bedroom 3 and the master bedroom (see

95 Brought St Subject site

Living Rm

Living Rm

Dining Rm

First Floor deck

Privacy Screen



Figure 30);

(c) The likely reduction in privacy impacts from the change of use of the

ground floor living room to bedroom 2;

(d) Screening to be provided by boundary fencing and new planting

proposed along the eastern property boundary; and

(e) Some mutual overlooking between existing properties is characteristic of

the locality given the existing subdivision pattern within a highly built

up area.

Figure 30 – Subject site and nearby properties

No.99 Broughton Street

Visual privacy for the adjoining property is protected by the high dividing wall/

fencing and planting along the common boundary and within the adjoining

property as shown in Figure 31.

Figure 31 – View from the subject site to No. 99 Broughton Street

Other nearby properties are unlikely to be material affected by the proposed

development in terms of visual privacy due to the absence of direct sightlines or

they are located further away from the subject site or screening provided by

established vegetation.

The proposal is therefore considered to be acceptable in this regard.

1.4 Quality built form

Context Yes The proposed development is unlikely to have an adverse impact on the context

and the character of the locality because the design, bulk and scale of the proposed

addition is generally consistent with similar rear additions to the nearby semi-

Subject site

17 McDougall

Street

27m

15m



detached dwellings.

Subdivision Pattern Yes The proposal would not change the subdivision pattern of the subject site and the

locality.

Siting Yes The proposal would not alter the general siting and orientation of the subject semi-

detached dwelling and other developments within the locality.

Setback – Front Yes The proposal would not change the front building setback of the existing semi-

detached dwelling.

Setback – Side No

(acceptable

on merit)

The main building fails to comply with DCP side boundary setback controls as

shown below.

Elevation

Existing Proposed

Control Complies

Lower Ground

- N Elevation*

- S Elevation

0mm

350mm

0mm

350mm

900mm

900mm

No

No

Ground Floor

- N Elevation*

- S Elevation

0mm

350mm

0mm

400mm

900mm-

1.5m**

No

No

First Floor

- N Elevation*

- S Elevation

0mm

350mm

0mm

900mm

1.5m -

2.5m**

No

No

* Common Wall.

** Variable side boundary setbacks due to the sloping topography.

Southern Elevation

The new lower ground floor bathroom and kitchen windows would be located on

the existing southern wall. These windows would have no adverse impacts because

they will be screened by the dividing fence along the southern boundary.

The ground floor bedroom 3 window would replace an existing window and is

unlikely to cause adverse impacts on the amenity of the adjoining properties as

discussed earlier in this report. The proposed ground floor rear addition complies

with the setback requirements (min. 1.5m) from the southern boundary.

The first floor rear addition does not comply with the required setback of up to

2.5m from the southern boundary, however, this building element would not cause

unacceptable impacts on the adjoining properties and the locality in terms of

height, bulk/scale, view loss, overshadowing and privacy impacts as detailed

throughout this report.

Northern Elevation (Common Wall)

The proposal would involve building works adjacent to the common party wall and

zero setback from the northern property boundary with No.99 Brounghton Street.

Council has received land owners consent for the lodgement of the subject

application from the northern adjoining property.

Notwithstanding this, further consideration has been given to the provisions in

Section 1.4.6 P3 of the DCP 2013 as well as the L&E Court planning principle

established in Galea v Marrickville Council [2003] NSWLEC 113 to ascertain the

appropriateness of the proposal:

(a) Is the street characterised by terrace building?

The subject site and the nearby properties along the eastern side of Broughton

Street are characterized by semi-detached dwellings/terraces. The proposal would

not significantly change the appearance on the street elevation with the exception

of a new dormer.



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

The length and height of the existing common boundary wall would remain

unchanged.

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

owners

Council has received land owners consent for the lodgement of the subject

application from the northern adjoining property.

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

adjoining sites

The proposal would have no material impacts on the amenity of the adjoining

properties, including the property at No.99 Broughton Street, as detailed

throughout this report. It is noted that the design of the proposed development in

similar design and character to the existing development at No. 99 Broughton

Street with additional features to minimise impacts on the amenity of the

neighbouring properties.

(e) Are there arrangements in place for the maintenance of the wall or gutters

Whilst no details have been provided by the applicant, it is considered that the

issue of access and maintenance of the party wall would be a civil matter between

the two property owners.

The proposed variation to the DCP side boundary setback requirements is therefore

considered to be acceptable.

Setback - Rear No change

The proposed development would not change the building setback from the rear

(eastern) property boundary.

The proposed rear deck would provide a 6.4m setback from the rear property

boundary. This is generally consistent with the setback of similar structures within

nearby properties.

Form Massing Scale

Built Form

Character

Yes The subject site is located within a locality featuring a diverse mix of built forms

including semi-detached dwellings, detached dwellings and multi-storey apartment

buildings.

It is noted that the immediate adjoining properties to the north are occupied by

semi-detached dwellings with rear additions similar to the subject proposal both in

terms of height, bulk and scale.

Whilst the proposed rear addition has a contemporary built form, the design is

generally consistent with other rear additions within the locality with skillion roof

form.

The proposed first floor addition would be located behind the ridge of the main

dwelling and would not be highly visible from Broughton Street.

Furthermore, the proposal would not significantly increase the footprint of the

existing dwelling. The applicant has also proposed additional soft landscape to

provide a more desirable landscape character for the subject site and the locality.

Having regard to the above, the proposed development is considered to be

acceptable.

Dwelling Entry Yes The applicant has proposed to relocate the entrance gate to a more centralized

location. This should enhance the sense of address for this property and is

therefore acceptable.

Front Fence No

(acceptable

on merit)

The proposed relocation of the front gate would require the infilling of the existing

entrance with a 1.8m high masonry fence to match existing fence.



The proposal is considered acceptable because the nature of the work and the high

front fence is characteristic in this section of Broughton Street.

Roofs Yes The skillion roof form over the proposed rear addition is characteristic within the

locality and is considered to be acceptable.

Dormers Yes The proposal complies with the DCP requirements for a dormer on the street

elevation for the following reasons:

(a) The proposal would not result in material privacy impacts for the

property (i.e. Greenway Flats) on the high side of Broughton Street

given the separation provided by the road reserve and a strip of mature

vegetation within the side boundary setback of the Greenway Flats site;

(b) The proposal would have no adverse impacts on the streetscape because

dormers are featured on the street elevations of the adjoining properties

at Nos 99-107 Broughton Street;

(c) The proposed dormer would have no adverse impacts on the significance

of the nearest heritage item (Greenway Flats) given the variation in

architectural styles of the buildings.

Materials Yes

(via

condition)

A standard condition is recommended requiring the submission of a schedule of

material and finishes to ensure compatibility with the characteristic

materials/colours within the locality (Condition C17).

1.5 Quality Urban Environment Vehicle

Access/Parking

No change The subject site does not provide any on-site parking and the proposal would not

change this aspect of the application.

Site Coverage

Unbuilt Upon Area

Landscaped Area

Yes

A table is provided below demonstrating compliance with the provisions in

NSDCP 2013 for site coverage, unbuilt upon areas and landscaped area:

Site Area:

149sqm

Existing Proposed Complies

Site coverage

(Max 60%)

80sqm

(54%)

81.5qm

(55%)

Yes

Unbuilt Upon

Area

(Max 20%)

58sqm

(39%)

23.5sqm

(16%)

Yes

Landscaped

Area

(Min 20%)

11sqm

(7%)

44sqm

(29%)

Yes

The applicant has submitted a concept landscape plan including the provision of

soft landscaping and new gravel surfaces with decorative pavers to soften the open

spaces.

The proposal would result in a significant reduction in unbuilt upon area and an

increase in landscaped area.

Landscaping Yes

(via

condition)

The applicant has submitted a concept landscape plan that is considered to be

acceptable in-principle by A/Council’s Landscape Development Officer subject to

the imposition of a condition requiring a more detailed landscape plan.

Excavation N/A The proposal would not involve excavation and earthworks within the subject site.

Garbage Storage Yes

(via

condition)

A standard condition is recommended requiring the provision of adequate garbage

storage facility within the subject site.

1.6 Efficient Use of Resources Energy Efficiency Yes The applicant has submitted an updated BASIX certificate for the amended

proposal to demonstrate complies with the energy efficiency requirements



(Condition C16).

Kirribilli Planning Area (Kirribilli Neighbourhood)

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

8 of the Character Statement for Kirribilli Planning Area and Section 8.2 for Kirribilli

Neighbourhood.

The proposed development is generally consistent with the characteristic streetscape within the

neighbourhood.

Suitability of the Site for the Proposed Development

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

the characteristic built form within the locality with no material impacts on the amenity of the

neighbouring properties, the streetscape and the conservation area generally.

Public Interest

The proposal, as amended by the applicant, is considered to be satisfactory and the approval of

the application will be in the public interest.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

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

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision N/A

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979



SUBMITTOR’S CONCERNS

The issues raised in the submissions received relating to compliance with LEP/DCP controls,

view loss, overshadowing and privacy impacts have been addressed in detail earlier in this report.

Other issues raised in the submissions received are addressed below:

The application is not accurate with many errors in the Statement of Environmental

Effects.

Extensive inconsistencies and omissions in the submitted amended plans including lack

of details and inaccurate drawings.

Floor plans are incomplete with no RLs and/or dimensions.

Sections are also incomplete with crucial elements not shown.

Window sill heights and the height of privacy screens are not shown on the drawings.

All windows should be dimensioned.

Inadequate survey plan.

Photomontages are incorrect.

Comment:

The submitted plans, drawings and information are considered to be sufficient to facilitate the

accurate assessment of the development application. The applicant has provided additional

information as part of the amended proposal, such as a sightline analysis, to illustrate the likely

impacts of the proposed development on the adjoining property at No.95 Broughton Street. The

applicant has also updated the survey plan to provide more information.

The shadow diagrams are inaccurate because they do not show all new structures and

existing windows on the adjoining property as well as failing to take into consideration

shadowing impacts from nearby structures and vegetation.

Inaccurate shadow diagrams because shadows during equinox not shown accurately.

Comment:

The shadow diagrams have been tested and considered to be an accurate depiction of the extent

of shadowing caused by the existing dwelling and the proposed development.

The photo provided by the submitter taken on 22 September at 12 noon indicates shadows to the

west of the ground floor dining room window on the northern elevation of No.95 Broughton

Street (Figure 32). The 3D shadow diagram submitted by the applicant as part of the original

proposal indicates the same extent of overshadowing caused by the existing structure. In Figure

33, the additional shadows caused by the new structures are shaded in blue and the shadows

caused by the existing structure are shown in grey. The shadows shown on the 3D shadow

diagram are generally consistent with those on the photo provided by the submitter.



Figure 32- Photo taken by the submitter at 12 noon

on 22 September

Figure 33 – 3D shadow diagram 12noon during equinox

Comments on the shadowing impacts of the other adjoining properties are as follows:

No.99 Broughton Street – this adjoining property would have no material

overshadowing impact between 9am and 11.30am during mid-winter because of the

northern aspect of the property which adjoins the common wall with the subject site.

Additional shadow from this property between 11.30am and 3pm during mid-winter

would generally fall within the subject site.

Nos.17 & 19 McDougall Street – There would be some existing overshadowing caused

by these properties on the backyard of No.95 Broughton Street during the morning hours

up to approximately 11.30am. The proposed development would have no material

shadowing impact on the backyard of No.95 Broughton Street as detailed earlier in this

report.

Existing and/or future vegetation would cause some filtering of the sunlight, however, shadowing

impacts of vegetation are not the same as permanent structures such as buildings or fencing.

Floor levels and roof has been raised resulting additional overshadowing and visual

privacy impacts.

Comment:

The floor levels of the rear addition have been raised/adjusted primarily to achieve the

appropriate floor to ceiling heights (2.4m/2.7m) for habitable rooms.

Potential heritage impact

The alterations and additions would be discernible from the street.

The new first floor addition is not wholly contained within the existing roof space.

Comment:

Council’s Conservation Planner was consulted who raised no objection to the proposed

Dining Rm window Dining Rm window



development given that the subject site is not a heritage item nor located within a conservation

area. Furthermore, it is also noted that many semi-detached dwellings along Broughton Street

have been heavily modified with contemporary style rear additions with modern materials.

No provision for soft landscaping.

Concerns about stormwater drainage due to lack of soft landscaping.

Comment:

The applicant has submitted a landscape plan with new soft landscaping replacing hard paving

particularly within the rear setback.

Council’s Development Engineering has raised no objection to the proposal subject to the

imposition of appropriate engineering conditions including the requirement for the submission of

a stormwater management plan (Condition C10).

Noise nuisance from any mechanical devices (i.e. water heater/ventilating fans) along

the side boundary setback area.

Odour from the extractor fan in the kitchen.

Potential fire risk arising from the location of the gas hot water system and other

mechanical devices.

Sound proofing should be applied to the common party wall.

Comment:

A standard condition relating to noise emissions from plant equipment has been recommended to

minimise noise nuisance for the adjoining properties (Condition C14).

A standard condition is recommended requiring the outlet for the kitchen exhaust fan be located

and orientated away from the southern property boundary with No.95 Broughton Street

(Condition C14).

A standard condition is imposed requiring the compliance with the National Construction Code

which includes relevant requirements to provide fire protection and acoustic insulation for the

adjoining properties (Condition F1).

Loss of amenity arising from construction.

Construction should only be permitted on week days not at the weekends.

Only one skip should be allowed to minimise the loss of on- street parking.

The laneway at the rear of the site should be kept clear at all times.

No builder’s pets allowed on the site during construction.

A dilapidation report of No. 99 Brought Street should be completed prior to

construction.

Comment:

Appropriate conditions have been recommended to minimise the impacts on the amenity of the

adjoining properties, including parking restriction, Road reserve safety, dust emission/air quality,



noise/vibration, site amenity, health and safety as well as construction hours (Conditions E2, E3,

E8, E9, E13, E16, E17). Builders and construction workers are required to ensure health and

safety within the construction site including any animals/pet on site.

A site specific condition is recommended requiring the rear pedestrian accessway to the subject

site be keep clear at all times during construction (Condition E1).

A condition is also recommended requiring the submission of a dilapidation report of No. 99

Brought Street prior to the issue of a construction certificate (Condition C3).

The existing timber deck at No.99 Broughton Street are unauthorised and cannot be

used as a precedent.

Comment:

The compliance matter relating to the rear deck at No.99 Broughton Street has been referred to

Council’s Compliance Unit for investigation.

CONCLUSION

This proposal has been assessed against the relevant provisions and requirements of the

Environmental Planning and Assessment Act 1979, North Sydney LEP 2013, North Sydney DCP

2013.

The subject site is zoned R3 (Medium Density Residential) which permits single dwelling

development. Furthermore, the site is located within a highly built up area with relatively small

lots and a diverse mix of built forms/architectural styles. There are a number of relatively recent

approvals for terraces in Broughton Street which are similar in intent.

Consideration has also been given to the Clause 4.6 request for a variation to the LEP’s building

height development standard as submitted by the applicant. The variation to the building height

development standard is justifiable because the building element above the LEP maximum

building height of is unlikely to have an impact on the character of the locality and would not

cause material amenity impacts for the adjoining properties in terms of view loss, overshadowing

and the loss of privacy.

It is noted that the applicant has proposed various privacy protection devices including privacy

screens to minimise visual privacy impacts on the adjoining property to the south at No.95

Broughton Street. In addition, solar access to the lower ground floor living room and the first

floor kitchen windows is considered to be acceptable.

The issues raised in the submissions received have also been addressed in the report with the

imposition of appropriate conditions.

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

considered to be satisfactory and therefore can be approved.



RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

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

Manager as the consent authority, invoke the provisions of Clause 4.6 with regard to the

exception to the development standard for building height, and grant consent to

Development Application D297/17 for alterations and addition to an existing semi-

detached dwelling on land at No. 97 Broughton Street, Kirribilli subject to the following

site specific conditions and attached conditions of consent.

Revised Landscape Plan

C1. The landscape plan for the subject site (Drawing Numbered 19 Issue B, dated 18.12.17,

prepared by Bawtree Design) be amended as follows:

(a) The replacement of the Murraya paniculata on the rear yard planter adjacent to the

southern property with appropriate specie with a maximum mature height of 3m to

provide appropriate visual privacy protection for No. 95 Broughton Street and to

maintain solar access to the rear yard of this adjoining property.

The Certifying Authority must ensure that the revised landscape plan, building plans and

specifications submitted by the Applicant, referenced and accompanying the issued

Construction Certificate, fully satisfy the requirement of this condition.

(Reason: To ensure appropriate landscaping treatments and amenity protection for

adjoining properties.)

Rear Pedestrian Laneway

E1 The pedestrian laneway at the rear of the subject site must be kept clear at all times during

the construction of the approved development.

(Reason: No obstruction to pedestrian access via the rear laneway.)

Robin Tse

SENIOR ASSESSMENT OFFICER

Robyn Pearson Stephen Beattie

TEAM LEADER ASSESSMENTS MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

97 BROUGHTON STREET, KIRRIBILLI

DEVELOPMENT APPLICATION NO. 297/17

A. Conditions that Identify Approved Plans

A1. Development in Accordance with Plans/documentation

The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended

by the following conditions of this consent.

Drawing

Nos.

Plan Description Date Drawn by Received

1618/01 B Site plan 18.12.17 Bawtree Design 19/12/17

1618/02 B Floor plans 18.12.17 Bawtree Design 19/12/17

1618/03 B First floor plan 18.12.17 Bawtree Design 19/12/17

1618/04 B S & W elevations 18.12.17 Bawtree Design 19/12/17

1618/05 B E elevation & sections 18.12.17 Bawtree Design 19/12/17

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

with the determination of Council, Public Information)

Plans on Site

A1. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction

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

any officer of Council or the Principal Certifying Authority.

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

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

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

accordance with the determination of Council, Public Information and

to ensure ongoing compliance)

No Demolition of Extra Fabric

A2. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

ATTACHMENT TO IPP04 - 07/02/18


DEVELOPMENT APPLICATION NO. 297/17 Page 2 of 21

September 2013 v1

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

Revised Landscape Plan

C1. The landscape plan for the subject site (Drawing Numbered 19 Issue B, dated

18.12.17, prepared by Bawtree Design) be amended as follows:

(a) The replacement of the Murraya paniculata on the rear yard planter adjacent to

the southern property with appropriate specie with a maximum mature height of

3m to provide appropriate visual privacy protection for No. 95 Broughton Street

and to maintain solar access to the rear yard of this adjoining property.

The Certifying Authority must ensure that the revised landscape plan, building plans

and specifications submitted by the Applicant, referenced and accompanying the

issued Construction Certificate, fully satisfy the requirement of this condition.

(Reason: To ensure appropriate landscaping treatments and amenity protection

for adjoining properties.)

Dilapidation Report Damage to Public Infrastructure

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

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

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

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

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

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

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

Construction Certificate.

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

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

existing under the requirements of this condition.

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

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

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

carrying out of the development is rectified.

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

Council by the Certifying Authority with submission of the Construction Certificate

documentation.

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

commencement of construction)




September 2013 v1

Dilapidation Survey Private Property (Neighbouring Buildings)

C3. A photographic survey and dilapidation report of adjoining properties at Nos. 95 and

99 Broughton Street detailing the physical condition of those properties, both

internally and externally, including, but not limited to, such items as walls, ceilings,

roof, structural members and other similar items, SHALL BE submitted to the

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

The survey and report is to be prepared by an appropriately qualified person agreed to

by both the applicant and the owner of the adjoining property. A copy of the report is

to be provided to Council, if Council is not the Certifying Authority, prior to the issue

of any Construction Certificate.

All costs incurred in achieving compliance with this condition shall be borne by the

person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation

report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in

writing, to the satisfaction of Council that all reasonable steps have been taken to

obtain access and advise the affected property owner of the reason for the survey and

that these steps have failed. Written concurrence must be obtained from Council in

such circumstances.

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

an applicant or affected property owner to assist in any action required to

resolve any dispute over damage to adjoining properties arising from the

works. It is in the applicant’s and adjoining owner’s interest for it to be as full

and detailed as possible.

(Reason: Proper management of records)

Structural Adequacy (Semi Detached and Terrace Buildings)

C4. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining property No. 99 Broughton Street which

certifies their ability to withstand the proposed works and outlines any measures

required to be implemented to ensure that no damage will occur to adjoining premises

during the course of the works, must be submitted to the Certifying Authority for

approval prior to the issue of any Construction Certificate. The measures outlined in

the certified report must be complied with at all times.




September 2013 v1

Under no circumstances shall the party or common wall be extended or altered

without the prior written consent of the adjoining owner. Any such extension of the

party wall shall be noted on title by way of appropriate easement or Section 88B

instrument.

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

properties, and that common law property rights are recognised)

Structural Adequacy of Existing Building

C5. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the

proposed additional, or altered structural loads during all stages of construction shall

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

Construction Certificate. The certified report must also include all details of the

methodology to be employed in construction phases to achieve the above

requirements. The methodology in the certified report must be complied with at all

times.

(Reason: To ensure the structural integrity of the building is maintained)

Sediment Control

C6. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to

be in accordance with the publication Managing Urban Stormwater: Soils &

Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book”

or a suitable and effective alternative method.

A Sediment Control Plan must be prepared and submitted to the Certifying Authority

for approval prior to the issue of any Construction Certificate and prior to any works

commencing. The Sediment Control Plan must be consistent with the Blue Book and

disclose:

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

processes;

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

c) Sedimentation tanks, ponds or the like;

d) Covering materials and methods; and

e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained.




September 2013 v1

f) Methods for the temporary and controlled disposal of stormwater during

construction.

All works must be undertaken in accordance with the approved Sediment Control

plan.

The Certifying Authority must ensure that the building plans and specifications

submitted, referenced on and accompanying the issued Construction Certificate, fully

satisfy the requirements of this condition.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites)

Waste Management Plan

C7. A Waste Management Plan is to be submitted for approval by the Certifying Authority

prior to the issue of any Construction Certificate. The plan must include, but not be

limited to:

a) The estimated volume of waste and method of disposal for the construction

and operation phases of the development;

b) The design of the on-site waste storage and recycling area; and

c) Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the

carrying out of the development.

(Reason: To encourage the minimisation of waste and recycling of building

waste)

External Colours and Finishes

C8. The external colours and finishes shall match those as existing and/ or be compatible

with surrounding development. A schedule of external colours and finishes must be

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

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

and specifications submitted, referenced on and accompanying the issued

Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that the completed colours and finishes of the works are

compatible with surrounding development)




September 2013 v1

Roofing Materials - Reflectivity

C9. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected

roofing material must not cause a glare nuisance or excessive reflectivity to adjoining

or nearby properties. Plans and specifications which comply with this condition must

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




(Reason: To ensure that excessive glare or reflectivity nuisance from roofing

materials does not occur as a result of the development)

Stormwater Management and Disposal Design Plan – Construction Issue

C10. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified drainage design engineer. The site drainage

management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage requirements, Councils Engineering Performance

guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2

1998, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved dwellings

must be conveyed in a controlled manner by gravity via existing stormwater lines

towards Council’s system (excluding stormwater connections to sewer lines).

Details demonstrating compliance are to be submitted with the Construction

Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that the

approved drainage plan and specifications, satisfying the requirements of this

condition, is referenced on and accompanies the Construction Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)




September 2013 v1

Garbage and Recycling Facilities

C11. Adequate provision must be made for the storage of waste and recyclable material

generated by the premises. Plans and specifications which comply with this condition

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




(Reason: To ensure the provision of appropriate waste facilities and to ensure

efficient collection of waste by collection contractors)

Chimney/Flue Discharge Location

C12. The height of the chimney/flue must be in accordance with the requirements of the

National Construction Code, and any relevant Australian Standard applicable to the

type and nature of heating appliance installed

Plans and specifications which comply with this condition must be submitted to the

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

The Certifying Authority must ensure that the building plans and specifications

submitted, referenced on and accompanying the issued Construction Certificate, fully

satisfy the requirements of this condition.

Note: If the design of the chimney/flue approved by this consent needs to be altered to

achieve compliance with this requirement, an application to modify this

development consent may be required, depending on the nature of the changes

required.

(Reason: To ensure compliance with appropriate environmental standards and

protect residential amenity arising from chimney and flue installations)

Asbestos Material Survey

C13. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or

otherwise of asbestos contamination and, if asbestos contamination is present, making

recommendations as to the work required to safely address the contamination.

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

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

following:

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

contractor;




September 2013 v1

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

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

material containing asbestos and any Work Safe Australia requirements.

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

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

boundary of the site; and

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

of correct disposal of asbestos laden waste.

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

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

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

Certificate, fully satisfy the requirements of this condition.

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

building is not put at risk unnecessarily)

Noise from Plant and Equipment

C14. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all

plant and equipment operating contemporaneously on the site or in the strata

scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when

measured at the boundary of any affected receiver . The modifying factor

adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment

Operations Act 1997.

“affected receiver” includes residential premises (including any lot in the strata

scheme or another strata scheme), premises for short-term accommodation, schools,

hospitals, places of worship, commercial premises and parks and such other affected

receiver as may be notified by the Council in writing.

“boundary” includes any window or elevated window of an affected receiver.

Terms in this condition have the same meaning as in the Noise Guide for Local

Government and the Industrial Noise Policy published by the NSW Environment

Protection Authority.

(Reason: To maintain an appropriate level of amenity for adjoining land uses)




September 2013 v1

Security Deposit/ Guarantee Schedule

C15. All fees and security deposits/ guarantees in accordance with the schedule below must

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

Security deposit/ guarantee Amount ($)

Footpath Damage Bond $1,500.00

TOTAL BONDS $1,500.00

(Reason: Compliance with the development consent)

BASIX Certificate

C16. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX

Certificate No. A286003_02 for the development are fulfilled. Plans and

specifications complying with this condition must be submitted to the Certifying

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

Certifying Authority must ensure that the building plans and specifications submitted,

referenced on and accompanying the issued Construction Certificate, fully satisfy the

requirements of this condition.

(Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements)

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

Public Liability Insurance – Works on Public Land

D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public

land and the undertaking of approved works within Council’s road reserve or public

land, as approved by this consent. The Policy is to note, and provide protection/full

indemnification for North Sydney Council, as an interested party. A copy of the

Policy must be submitted to Council prior to commencement of any works. The

Policy must be valid for the entire period that the works are being undertaken.

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

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for

damages arising from works on public land)




September 2013 v1

Commencement of Works Notice

D2. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North

Sydney Council of the person’s intention to commence building work, demolition or

excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the

commencement of any building work, demolition or excavation)

E. During Demolition and Building Work

Rear Pedestrian Laneway

E1. The pedestrian laneway at the rear of the subject site must be kept clear at all times

during the construction of the approved development.

(Reason: No obstruction to pedestrian access via the rear laneway.)

Parking Restrictions

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

times during works. The placement of any barriers, traffic cones, obstructions or other

device in the road shoulder or kerbside lane is prohibited without the prior written

consent of Council. Changes to existing public parking facilities/restrictions must be

approved by the North Sydney Local Traffic Committee. The Developer will be held

responsible for any breaches of this condition, and will incur any fines associated with

enforcement by Council regulatory officers.

(Reason: To ensure that existing kerbside parking provisions are not

compromised during works)

Road Reserve Safety

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

in a safe condition at all times during the course of the development works, with no

obstructions caused to the said footways and roadways. Construction materials and

plant must not be stored in the road reserve without approval of Council. A safe

pedestrian circulation route and a pavement/route free of trip hazards must be

maintained at all times on or adjacent to any public access ways fronting the

construction site.




September 2013 v1

Where public infrastructure is damaged, repair works must be carried out in when and

as directed by Council officers (at full Developer cost). Where pedestrian circulation

is diverted on to the roadway or verge areas, clear directional signage and protective

barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control

Devices for Work on Roads”. If pedestrian circulation is not satisfactorily

maintained across the site frontage, and action is not taken promptly to rectify

the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Service Adjustments

E4. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the

requirements of the relevant utility authority. These works shall be at no cost to

Council. It is the Applicants full responsibility to make contact with the relevant

utility authorities to ascertain the impacts of the proposal upon utility services at the

appropriate stage of the development (including water, phone, gas and the like).

Council accepts no responsibility whatsoever for any matter arising from its approval

of this application involving any influence upon utility services provided by another

authority.

(Reason: To ensure the service requirements are met)

Cigarette Butt Receptacle

E5. A cigarette butt receptacle is to be provided on the site for the duration of

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

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

Temporary Disposal of Stormwater Runoff

E6. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon

completion of any impervious areas on the site (including roofs, driveways, paving)

and where the final drainage system is incomplete, the necessary temporary drainage

systems must be installed to reasonably manage and control runoff as far as the

approved point of stormwater discharge. Such ongoing measures must be to the

satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)




September 2013 v1

Removal of Extra Fabric

E7. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the

works in the area of the damaged portion are to cease and written notification of the

damage is to be given to Council forthwith. No work is to resume until the written

approval of Council to do so is obtained. Failure to comply with the provisions of this

condition may result in the Council taking further action including legal proceedings

if necessary.

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

Dust Emission and Air Quality

E8. The following must be complied with at all times:

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

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

covered.

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

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

guidelines - Managing Urban Stormwater: Soils and Construction.

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

to prevent nuisance occurring at adjoining properties.

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

Noise and Vibration

E9. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure

excessive levels of noise and vibration do not occur so as to minimise adverse effects

experienced on any adjoining land.

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

Applicant's Cost of Work on Council Property

E10. The applicant must bear the cost of all works associated with the development that

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

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




September 2013 v1

No Removal of Trees on Public Property

E11. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including

for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets)

Special Permits

E12. Unless otherwise specifically approved in writing by Council, all works, processes,

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

occur entirely on the property.

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

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

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

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

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

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

notice is required for any permit: -

1) On-street mobile plant

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

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

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

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

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

(Reason: Proper management of public land)

2) Hoardings

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

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

a permit for the occupation of Council’s property.





September 2013 v1

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.

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.




September 2013 v1

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.



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.



Site Amenities and Facilities

E16. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction

safety regulations, including any WorkCover Authority requirements, must be

provided and maintained at all times. The type of work place determines the type of

amenities required.

Further information and details can be obtained from the Internet at

www.workcover.nsw.gov.au

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

site)




September 2013 v1

Health and Safety

E17. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to

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

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

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

Further information and details regarding occupational health and safety requirements

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

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

site)

Prohibition on Use of Pavements

E18. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to

this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)

Plant & Equipment Kept Within Site

E19. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within

the boundaries of the site (unless a permit is obtained from Council beforehand) and

so placed that all concrete slurry, water, debris and the like must be discharged onto

the building site, and is to be contained within the site boundaries.

Details of Council requirements for permits on public land for standing plant,

hoardings, storage of materials and construction zones and the like are available on

Council’s website at www.northsydney.nsw.gov.au.

(Reason: To ensure public safety and amenity on public land)

Waste Disposal

E20. All records demonstrating the lawful disposal of waste must be retained and kept

readily accessible for inspection by regulatory authorities such as North Sydney

Council and the Environmental Protection Authority.

(Reason: To ensure the lawful disposal of construction and demolition waste)


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



September 2013 v1

Asbestos Removal

E21. All demolition works involving the removal and disposal of asbestos cement must

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

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

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

Health and Safety Commission.

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

WorkCover requirements)

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

relevant Legislation

National Construction Code

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

National Construction Code.

(Reason: Prescribed - Statutory)

Home Building Act

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

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

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

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

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

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

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

appointed:

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

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

6 of that Act, or

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

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

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

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




September 2013 v1

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

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

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

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

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

Council written notice of the updated information.

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

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

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

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

Part.


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)




September 2013 v1

Demolition

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

Demolition of Structures.

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

manner and protect adjoining property and persons from potential

damage)

Site Sign

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

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

b) showing the name of the principal contractor (or person in charge of

the work site), and a telephone number at which that person may be

contacted at any time for business purposes and outside working hours;

and

c) showing the name, address and telephone number of the Principal

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work

is being carried out, but must be removed when the work has been completed.


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)




September 2013 v1

Damage to Adjoining Properties

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

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

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

purpose of undertaking works.

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

Utility Services

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

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

Council.

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

Asbestos Clearance Certificate

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

asbestos clearance certificate signed by an appropriately qualified person (being an

Occupational Hygienist or Environmental Consultant) must be submitted to and

approved by the Certifying Authority (and a copy forwarded to Council if it is not the

Certifying Authority) for the building work prior to the issue of any Occupation

Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or

b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all

asbestos waste has been disposed of at an approved asbestos waste disposal depot. If

asbestos is retained on site the certificate must identify the type, location, use,

condition and amount of such material.

Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au

(Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants)

Disposal Information

G5. Upon completion of works and prior to occupation, a report including the following

information must be provided to Council’s Open Space and Environmental Services

Department:




September 2013 v1

(a) the total tonnage of all waste and excavated material disposed of from the site

(including any tipping dockets); and

(b) the disposal points and methods used.

(Reason: To ensure appropriate disposal methods are undertaken for auditing

and inspection purposes)

BASIX Completion Certificate

G6. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying

Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate)

Compliance with Certain conditions

G7. Prior to the issue of any Occupation Certificate, Condition C1 must be certified as

having been implemented on site and complied with.

(Reason: To ensure the development is completed in accordance with the

requirements of this consent)

I. On-Going / Operational Conditions

Single Occupancy

I1. Nothing in this consent authorises the use of the premises other than for a single

occupancy.

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


TIMBER

CONCRETE

STEEL

GLASS

TILES

COLOUR KEY

FC / RENDER

BRICK

STONE 01

SITE PLAN

Fall

Fall3.5°

Fall3.5°

Fall10°

SHEET SCALE DRAWING NO. ISSUE

A3 /

PROJECT

STATUS

DRAWING

Alterations & additions97 Broughton St Kirribilli

1618

TN

A

1:100

LEGEND

TG

Existing

T&G strip flooringF: clear polyurethane

Face brickwork to match existingF: paint

Fibre cement weatherboardswith FC trimsF: paint

Corrugated metal roofF: Colorbond

CT Ceramic tiles

TD Timber deckingF: stain

MR

WB

FB(P)

Ex / Exst

DA Issue

ST Slate roofing to match existingF: natural

17.08.17

DA ISSUE

B

18.12.17B DA Issue - Additional Information

Bawtree DesignArchitecture + Interiors

Nerida Bawtree I Architect Reg 6471 NSWSuite 406 64-76 Kippax Street Surry Hills NSW 2010T 80058226 M 0425253226 E [email protected]

97 BROUGHTON STLot 2 DP 230982

149.0m†

x TO

W

Ex RL 12.24

FFL 11.86

Deck

x TO

W

Ex RL 13.84

x TO

W

Ex RL 15.84

Ridge RL22.43

Rid

ge R

L22.8

0

Ridge RL22.43

Rid

ge R

L21.7

7

Gutter RL19.06

DeckFFL 15.36

FFL 12.20

DeckFFL 13.8399 Broughton St

1, 2 & 3 storeybrick semi with

slate roof

95 Broughton St1 & 2 storey

brick & rendered semiwith metal roof

4.7

65

m

5.0

3m

29.615m

1.65m

11.71m

New Garden

Garden

Deck

Bal.

Deck

Relocateentry gate

COOLING

SUMMER

BREEZES

S O L A R

P A T H

Winter So

ltice

LO

CA

L

ST

RE

ET

NO

IS

E

STRONG

SOUTHERLY

WINDS

BR

OU

GH

TO

N S

TR

EE

T

Gutter RL18.16

Frame & glass type Shading device

Fixtures & Systems

Lighting Min. 40% LED or CF

Fixtures Min. 3 stars

Item

Glazing

Insulation (minimum)

Ceiling: flat R1.45

Roof

R1.16

Instantaneous gasHot water

BASIX REQUIREMENTS

55mm RFL blanket

Floor: over building Nil

Walls: framed R1.30

Walls: brick veneer

Ceiling: raked R1.74

South None

East 1

East 2

East 3

West

Eave 450mm

Ext. blind (adjustable)

Awning (adjustable)

Eave 450mm

Alumin, Low-E glass

Alumin, Low-E glass

Alumin, Low-E glass

Alumin, Low-E glass

Alumin, Low-E glass

Ex Rid

ge R

L22.8

0

Attic extension toalign with neighbour

DeckFFL 13.28FFL 16.83

New stairs to side path

New dormerF: slate

Replace ex polycarbonateroof with a glazed roof

New stairs to garden replacing decking

New deck with1.6m privacy screen

FFL 19.71

95 McDougall St2 storey

brick & tiled roof residence

Gutter RL15.60

1280

950

1280

1820

930

960

10220

14610

1600HPrivacy wall

1600H privacy screen

1600H privacy screen

1820

x ExR

L 11.81

x ExR

L 12.08

x ExR

L 12.81

x ExR

L 12.67

x ExR

L 12.14

x ExR

L 13.37

x ExR

L 13.73

x ExR

L 13.48

x ExR

L 14.17

x ExR

L 13.97x E

xRL 15.34

x ExR

L 16.00

x ExR

L 16.04

x ExR

L 15.97

x ExR

L 15.45

x ExR

L 12.64

New balcony to align with No.99 balcony


TIMBER

CONCRETE

STEEL

GLASS

TILES

COLOUR KEY

FC / RENDER

BRICK

STONE

PLANS

02


A3 /

PROJECT

STATUS

DRAWING


1618

TN

A

1:100

DA Issue17.08.17

DA ISSUE

B




1

2

LOWER GROUND PLAN-

FFL 13.28

DECK

ExVERR

GROUND FLOOR PLAN-

NEW GARDEN

99 Broughton StLower ground


95 Broughton StGround


B’dry

B’dry

B’dry

B’dry

B’dry

B’dry

B’dry

B’dry

Partially infillexisting courtyard

Walls to bedemolished - dashed

Void

Existing

setback

960

Newdeck below

Relocate timber gateF: paint

Ex garden walls

Ex garden walls

05

A

05

A

05

B

05

B

DECKFFL 16.83

Modify ex retaining wallfor new concrete stepsto side path

New door tovoid area

4.2 x 3.9mTD

Ex DP

Ex DP

SPRDP +SPR

Replace existingpolycarbonateroof with glazed roof

New sumpto HE details


2.9 x 3.0mCT

Newgarden below

New deck to replaceexisting timber deck

10001000

1600

High level window

RL 11.86Decorative gravel

Existing

setback

1820

New stairsto replace existingF: paving

250mm capping to screen

New fixed glasspanel to exst opening

x TO

W

Ex RL 12.24

x TO

W

Ex RL 13.84

x TO

W

Ex RL 15.84

x ExR

L 12.67

x ExR

L 11.81

x ExR

L 13.37

x ExR

L 13.73

x ExR

L 12.64

x ExR

L 12.14

x ExR

L 16.04

x ExR

L 16.00

x ExR

L 14.17

x ExR

L 12.81x E

xRL 12.08

Existing timber stairsto be demolished - dashed

Bedroom deck toreplace existingkitchen / dining deck

Raise existing metal apron roof

x ExR

L 14.17

Steback of 1m from no.99 building line

New timber framedstair

250mm capping to 1.6m privacy screen


TIMBER

CONCRETE

STEEL

GLASS

TILES

COLOUR KEY

FC / RENDER

BRICK

STONE

PLANS

03


A3 /

PROJECT

STATUS

DRAWING


1618

TN

A

1:100

LEGEND

TG

Existing





CT Ceramic tiles


MR

WB

FB(P)

Ex / Exst

DA Issue


17.08.17

DA ISSUE

B




1

-

FIRST FLOOR PLAN

DECK

99 Broughton StFirst Floor

95 Broughton StRoof

B’dry

B’dry

B’dry

B’dry

99 Broughtondeck

Align withAlign with

99Broughton

MR

1820

Existing

setback

New metal roof overinsulation on timber framing

05

A

05

B

Deckbelow1.8 x 3.2m

CT

950


TIMBER

CONCRETE

STEEL

GLASS

TILES

COLOUR KEY

FC / RENDER

BRICK

STONE 04

ELEVATIONS


A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

LEGEND

TG

Existing





CT Ceramic tiles


MR

WB

FB(P)

Ex / Exst

DA Issue


17.08.17

DA ISSUE

B




First Floor

FFL 19.71

Lower Ground Floor (front)

FFL 14.10

First Floor

FFL 19.71

Ground Floor (front)

FFL 16.83

Ridge

RL 22.80

Ridge

RL 22.80

Ground Floor

FFL 16.83

Deck level

FFL 13.28

Lower Ground

Floor (rear)

FFL 13.82

1

2

SOUTH ELEVATION

WEST ELEVATIONSTREET FACADE

SIDE FACADE

Existing ground line

New stair privacy screen

New non operablefire rated windows

Existingground line


New dormer window

SITE99 Broughton 95 Broughton

B’dry

B’dry

B’dry

B’dry

BroughtonStreet

WB

FB(P) FB(P)

ST

WB

Existing roof tobe demolished - dashed

Exst

ExstLIne of masonry

boundary fence,dashed for clarity

FB(P)

New timber frameddeck & stairs

New door

FG

FG

FGFG

FG

New privacy screen

2230 1600

1600

1600

Maintain existinggable

Existing fence line

Existing fence line

Existing balustradeto be demolished - dashed

New window


WB

8.5m Height line (dashed red)

New privacywall

Existing north boundarywall beyond

Existing northfence line

2560

1980

Outline of 99 Broughtonat boundary beyond


TIMBER

CONCRETE

STEEL

GLASS

TILES

COLOUR KEY

FC / RENDER

BRICK

STONE 05

ELEVATION & SECTIONS


A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

LEGEND

TG

Existing





CT Ceramic tiles


MR

WB

FB(P)

Ex / Exst

DA Issue


17.08.17

DA ISSUE

B




First Floor

FFL 19.71


FFL 14.10 Lower Ground Floor (rear)

FFL 13.82

Ridge

RL 22.80

First Floor

FFL 19.71

Lower Ground Floor (rear)

FFL 13.82

FCL

FCL

Springing

point

Ground Floor

FFL 16.83

Ex Ridge

RL 22.80

Ground Floor

FFL 16.83

Deck (rear)

FFL 13.28

Rear deck

FFL 13.28


FFL 14.10

1

2 EAST ELEVATION

SECTION AA-

DECK

WBWB

WB

SITE95 Broughton 99 Broughton

B’dry

B’dry

B’dry

B’dry

New roof to align with neighbour

New roof to align with neighbour

New doors withinenlarged opening

New roof to alignwith 99 Broughton roof

REAR FACADE

Existingmasonry wall

Existingmasonry wall

B’dry

B’dry

3 SECTION BB-

99 Broughton

95 Broughton

2650

2780

25608.5m Height line

(dashed red)

FG

FG

FG

FG

New glassbalustrade

New glassbalustrade

Timber awning

Timber awning

Timber awning

Existing northmasonry wall

NEWGARDEN

1600H privacy screento new deck

New timber stairsto new garden

Existing north timberscreen & masonry wall

New timber awning

1600H privacy screento deck

1600H privacy wallto new deck

Demolish exstopening

Outline of existingroof to be demolishedshown dashed

Outline of existing dwelling to be demolishedshown dashed


SHADOW DIAGRAMS

10a


A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA Issue17.08.17

DA ISSUE

B




1 9amWINTER SOLSTICE

Time Altitude Azimuth

9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.


SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX

EXISTING SHADOWS

Extent of existing shadows

cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS

Hatch overlay of new

shadows cast on neighbour

by proposed works

NEW SHADOWS

Component of new shadow

cast by first floor works only


SHADOW DIAGRAMS - ELEVATIONS

10b


A3 /

PROJECT

STATUS

DRAWING


1618

A DA Issue17.08.17

DA ISSUE

B






9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.

SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX


EXISTING SHADOWS


cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS



by proposed works

NEW SHADOWS




SHADOW DIAGRAMS

11a


A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA Issue17.08.17

DA ISSUE

B






9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.

2 NoonWINTER SOLSTICE

SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX

EXISTING SHADOWS


cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS



by proposed works

NEW SHADOWS





11b


A3 /

PROJECT

STATUS

DRAWING


1618

A DA Issue17.08.17

DA ISSUE

B






9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.

SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX

2

WINTER SOLSTICE

EXISTING SHADOWS


cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS



by proposed works

NEW SHADOWS



12 noon


SHADOW DIAGRAMS

12a


A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA Issue17.08.17

DA ISSUE

B




1 1pmWINTER SOLSTICE


9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.


SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX

EXISTING SHADOWS


cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS



by proposed works

NEW SHADOWS





12b


A3 /

PROJECT

STATUS

DRAWING


1618

A DA Issue17.08.17

DA ISSUE

B






9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.

SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX

2

WINTER SOLSTICE

EXISTING SHADOWS


cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS



by proposed works

NEW SHADOWS



2pm


SHADOW DIAGRAMS

13a


A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA Issue17.08.17

DA ISSUE

B






9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.

SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX

EXISTING SHADOWS


cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS



by proposed works

NEW SHADOWS





13b


A3 /

PROJECT

STATUS

DRAWING


1618

A DA Issue17.08.17

DA ISSUE

B




1 3pmTime Altitude Azimuth

9.00am

12 noon

3.00pm

18 deg.

32 deg.

18 deg.

N43E

N

N43W

True

north

43 deg.

43 deg.

SOLSTICE

9.00am

12 noon

3.00pm

35 deg.

55 deg.

35 deg.

N60E

N

N60W

EQUINOX

EXISTING SHADOWS


cast by dwelling &

boundary fences

SHADOWS CAST

Overall shadows

NEW SHADOWS



by proposed works

NEW SHADOWS



WINTER SOLSTICE

NO CHANGE IN SHADOWS CAST


21.11.17

30

06.12.17B Planner review

Client review

C

ELEVATIONS - Amendment summary

18.12.17 DA Issue - Additional InformationC


A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA ISSUE



First Floor

FFL 19.71

Ridge

RL 22.80

Ground Floor

FFL 16.83


FFL 14.10

First Floor

FFL 19.71

Ridge

RL 22.80

Ground Floor

FFL 16.83


FFL 13.82


FFL 13.82

Rear deck

FFL 13.28

Rear deck

FFL 13.28

10001600

1600

1600

Privacy scre

en

Privacy scre

en

Lower deck heightby 540mm

Reduce doorhead by 300mm

1600

Remove high privacyscreen, maintain 1.6m wall

Setback wall fromexisting parapet by 300mm

Privacy w

all

Setback wall fromexisting parapet by 300mm

250mm sill totop of screen

250mm sill totop of screen

Setbackfirst floor

Setdown deck

2230

Windows deleted

630

2230

Reduce height of privacyscreen from 1800 to 1600

1600

1600

Existing balcony for dining/kitchento be changed to bedroom balconythereby decreasing overlookingto all neighbours

Highlight windowto replace verticalwindows

Delete exst timber deck &replace with soft landscaping

Fence line

Fence line

950

Delete storage & line deckin timber rather than stonefor permeability

Pull back Bed 02 wall by 1.0mfrom no.99 building line

B’dry

1 SOUTH ELEVATIONSIDE FACADE

B’dry

B’dry

B’dry

2 EAST ELEVATIONREAR FACADE


SIGHTLINE ANALYSIS

31

21.11.17


Client review

C



A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA ISSUE



EXISTING

1 SECTION -LG DECK 2 SECTION -LG DECKAMENDED

3 SECTION -LG DECKDA SUBMISSION

15.36

12.65

2710

15.36

13.83

1800

13.28

> No privacy from either property > Raised deck with 1.8m privacy screen> New screen provides privacy for LG (no.95)> New screen provides some privacy of new deck

from overlooking from no.95

> Lower raised deck with 1.5m privacy screen> New screen provides privacy for LG (no.95)> New screen decreases the privacy between the

adjacent rear decks> Lower deck position & lower screen height improves

solar access to no.95 but to detriment of privacy

1600

Sun 12

pm @ 21 June

Sun 12

pm @ 21 June

Sun 12

pm @ 21 June

Deck

LivGarden

Liv

Deck

Liv

Deck15.36

Deck

Deck

-

1

Liv

-

2

-

3

Corridor / LivingBedroom

13.79

31

4

31

5

31

6

32

9

32

32

8

7

Sightlin

e

SightlineSightline

Sightline > Sightlines as drawn indicatedownwards looking only

> Sightlines are taken at 400mmaway from the window / screen ata height of 1650mm

NOTESSig

htline

1 LOWER GROUND PLAN-

FFL 13.28

DECK

NEW GARDEN



B’dry

B’dry

B’dry

B’dry

Partially infillexisting courtyard

Walls to bedemolished - dashed

Void

Existin

setbac

960

Ex garden walls

Ex garden walls

Modify ex retaining wallfor new concrete stepsto side path

New door tovoid area

4.2 x 3.9mTD

Ex DP



New deck to replaceexisting timber deck

1600

High level window

RL 11.86Decorative gravel

New fixed glasspanel to exst opening

x TO

W

Ex RL 12.24

x TO

W

Ex RL 13.84

x TO

W

Ex RL 15.84

x ExR

L 12.67

x ExR

L 11.81

x ExR

L 13.3

x ExR

L 13.7

x ExR

L 12.64

x ExR

L 12.14

x ExR

L 14.17

x ExR

L 12.81x E

xRL 12.08

Existing timber stairsto be demolished - dashed

New timber framedstair

250mm capping to 1.6m privacy screen


Sightline

SIGHTLINE ANALYSIS

32

21.11.17

Sightline

SightlineSightline

Sightline

Sightline


Client review

C

Sightli

ne



A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA ISSUE



EXISTING

4 5

AMENDED

6

DA SUBMISSION

> No privacy from either property

SECTION - GND TERRACE SECTION - GND TERRACESECTION - GND TERRACE

> New 1.8m privacy screen to exst terrace> New screen provides privacy for GND (no.95)> New LG (no.97) windows decreases privacy

between dwellings

14.10

16.62

15.36

1800

1600

Liv

Kit Kit

Liv

Kit

Liv

15.36 15.36

Sun 12

pm @ 21 June

Sun 12

pm @ 21 June

Sun 12

pm @ 21 June

Bed

Deck

14.10

Liv

16.83Deck

16.83Deck

Liv14.10

LivingKitchen

-

6

-

4

5

-

30

3

30

1

2

30

32

9

32

7

8

32

Kitchen/

Dining

Bedroom Bedroom

Bedroom Living Living

> Preplace full height windows with highlight window with 1.6m sill> Privacy maintained between properties

> Sightlines as drawn indicatedownwards looking only


NOTES

2

ExVERR

GROUND FLOOR PLAN-



B’dry

B’dry

B’dry

B’dry

Newdeck below

Relocate timber gateF: paint

DECKFFL 16.83

Ex DP

DP +SPR

DP +SPR

Replace existingpolycarbonateroof with glazed roof

2.9 x 3.0mCT

Newgarden below

10001000

Existing

setback

1820

New stairsto replace existingF: paving

250mm capping to screen

x ExR

L 16.04

x ExR

L 16.00

Bedroom deck toreplace existingkitchen / dining deck

Raise existing metal apron roof

x ExR

L 14.17

Steback of 1m from no.99 building line


SIGHTLINE ANALYSIS

33

Sightline

21.11.17


Client review

C

Sightline

Sightline

Sightline



A3 /

PROJECT

STATUS

DRAWING


1618

A

1:100

DA ISSUE



EXISTING

7 8

AMENDED

9

DA SUBMISSION

14.10

16.62

15.36

1800

Bed

Liv Liv

Bed

Liv15.36 15.36

Liv

Liv 16.83Bed

16.83Bed

Sightline

SECTION - FIRST TERRACE SECTION - FIRST TERRACE SECTION - FIRST TERRACE

19.71Deck Deck

19.71

14.10

Liv14.10

Liv

1600

Bed

Roof

-

9

-

7

8

-

31

6

31

4

5

31

30

3

30

1

2

30

Sun 12

pm @ 21 June

Sun 12

pm @ 21 June

Sun 12

pm @ 21 June

Exst

window

Existing

setback

Existing

setback

> Sightlines as drawn indicatedownwards looking only


NOTES

Sightline

950

420

395

1

-

FIRST FLOOR PLAN

DECK

99 Broughton StFirst Floor

95 Broughton StRoof

B’dry

B’dry

B’dry

B’dry

99 Broughtondeck

Align withAlign with

99Broughton

MR

1820

Existing

setback

New metal roof overinsulation on timber framing

Deckbelow1.8 x 3.2m

CT

950


Urbanesque Planning Pty Ltd Suite 16, 895 Pacific Highway Pymble NSW 2073

PO Box 6141 Pymble NSW 2073

T +612 9440 8900 E [email protected]

www.urbanesque.com.au

ABN 91 121 122 601

General Manager North Sydney Council 200 Miller Street NORTH SYDNEY NSW 2060 24 January 2018 AMENDED CLAUSE 4.6 VARIATION - HEIGHT OF BUILDING CLAUSE 4.3(2) NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013 ALTERATIONS AND ADDITIONS TO EXISTING DWELLING – 97 BROUGHTON STREET KIRRIBILLI BACKGROUND

This Clause 4.6 variation is a written request to vary a development standard to support a development application for alterations and additions to the existing dwelling at 97 Broughton Street Kirribilli. The proposed building has a height of 8.9m. The North Sydney Local Environmental Plan 2013 (LEP2013) specifies a maximum building height of 8.5m for development in the R3 Medium Density Residential zone. The variation is considered minor (0.4m departure from the standard) and affects a very small part of the proposed dwelling. (Refer to Figure 1). Clause 4.3(2) of the LEP states:-

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

The above numerical standard is identified as a development standard which requires a variation under Clause 4.6 of the LEP to enable the granting of consent to the development application. Under this application the exceedance in building height is 0.4m, or 4.7% (0.4/8.5 x 100) if the variance is expressed as a percentage.

Figure 1: Extract from accompanying architectural plans demonstrates the height exceedance.


http://www.urbanesque.com.au/

http://www.legislation.nsw.gov.au/fragview/inforce/epi+673+2012+pt.4-cl.4.3+0+N?tocnav=y

Urbanesque Planning Pty Ltd

97 Broughton Road, Kirribilli Page 2

PURPOSE OF CLAUSE 4.6 The Standard Instrument LEP contains its own variations clause (Clause 4.6) to allow the variation of development standards. Clause 4.6 of the Standard Instrument is similar in tenor to the former State Environmental Planning Policy No. 1, however the variations clause contains considerations which are different to those in SEPP 1. The language of Clause 4.6(3)(a)(b) suggests a similar approach to SEPP 1 may be taken in part. There is recent judicial guidance on how variations under Clause 4.6 of the Standard Instrument should be assessed. These cases are taken into consideration in this request for variation. OBJECTIVES OF CLAUSE 4.6 The objectives of Clause 4.6 are as follows:-

(a) To provide an appropriate degree of flexibility in applying certain development standards

to particular development, and

(b) To achieve better outcomes for and from development by allowing flexibility in particular

circumstances.

ONUS ON APPLICANT

Clause 4.6(3) provides that:-

Consent must not be granted for development that contravenes a development standard

unless the consent authority has considered a written request from the applicant that seeks

to justify the contravention of the development standard by demonstrating:-

(a) That compliance with the development standard is unreasonable or unnecessary in the

circumstances of the case, and

(b) That there are sufficient environmental planning grounds to justify contravening the

development standard.

JUSTIFICATION OF PROPOSED VARIANCE

There is jurisdictional guidance available on how variations under Clause 4.6 of the Standard Instrument should be assessed in Samadi v Council of the City of Sydney [2014] NSWLEC 1199. Paragraph 27 of the judgement states:-

Clause 4.6 of LEP 2013 imposes four preconditions on the Court in exercising the power

to grant consent to the proposed development. The first precondition (and not

necessarily in the order in cl 4.6) requires the Court to be satisfied that the proposed

development will be consistent with the objectives of the zone (cl 4.6(4)(a)(ii)). The

second precondition requires the Court to be satisfied that the proposed development

will be consistent with the objectives of the standard in question (cl 4.6(4)(a)(ii)). The

third precondition requires the Court to consider a written request that demonstrates

that compliance with the development standard is unreasonable or unnecessary in the

circumstances of the case and with the Court finding that the matters required to be




demonstrated have been adequately addressed (cl 4.6(3)(a) and cl 4.6(4)(a)(i)). The

fourth precondition requires the Court to consider a written request that demonstrates

that there are sufficient environmental planning grounds to justify contravening the

development standard and with the Court finding that the matters required to be

demonstrated have been adequately addressed (cl 4.6(3)(b) and cl 4.6(4)(a)(i)).

Precondition 1 - Consistency with zone objectives

The land is located in the R3 – Medium Density Residential zone. The objectives of the R3 zone are:-

1. To provide for the housing needs of the community within a medium density residential environment.

2. To provide a variety of housing types within a medium density residential environment.

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

4. To encourage the development of sites for medium density housing if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area.

5. To provide for a suitable visual transition between high density residential areas and lower density residential areas.

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

Comments

The proposed development satisfies the above objectives in the following manner:-

1. The proposal seeks for alterations and additions to an existing dwelling. The proposal will not

necessarily provide for the housing needs of the community; however will provide a more

functional home for the occupants.

2. The proposal will contribute to the provision of a variety of housing types through the

provision of a more functional dwelling.

3. The proposal will not prevent the provision of other facilities or services to meet the day to day needs of residents.

4. This objective is not considered applicable as the development involves alterations and

additions to an existing dwelling, which form part of a row of terrace housing.

5. The existing terrace housing provides a suitable transition between high density residential

areas and lower density areas.

6. The proposal protects the amenity of residents as the proposal generally achieves complaint setbacks and will not result in unreasonable overshadowing or overlooking to neighbouring properties.

Precondition 2 - Consistency with the objectives of the standard

The customary and accepted approach to sustaining variations to development standards is to assess

the proposed variance against the relevant objectives of the particular development standard. In this

case the objective of the height of buildings control is articulated at Clause 4.3(1) of the LEP2013 as

follows:-

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




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

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

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

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

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

Considering the terms of the stated objectives, we say in support of the variance:-

• The proposed alterations and additions complement the existing topography of the site.

• The proposed addition will not hinder the attainment of views from adjoining

properties. This is discussed within the accompanying Statement of Environmental

Effects.

• The privacy of adjoining residents will be appropriately maintained, as discussed within

the accompanying Statement of Environmental Effects.

• The proposed addition and resultant height is compatible with adjoining development,

as demonstrated by the accompanying architectural plans. It is noted that similar

additions exist, which are of a consistent height, within the row of terrace housing within

which the dwelling is contained.

• The subject site is located within the Kirribilli Planning Area, more specifically the Kirribilli Neighbourhood. The proposal is consistent with the Desired Future Character and Built Form of the Kirribilli Planning Area for the following reasons:

• The proposed alterations and additions will be compatible with the surrounding area, in particular the terrace housing along the section of Broughton Street, where the subject site is located.

• The dwelling will largely remain intact when viewed from Broughton Street.

• The proposal will not result in an increase in density.

• The proposal is largely consistent with Part B – Section 1 of the North Sydney

Development Control Plan.

For these reasons we conclude that the development meets the objectives of the standard and

achieves a meritorious and supportable environmental planning outcome.

Precondition 3 - To a consider a written request that demonstrates that compliance with the

development standard is unreasonable or unnecessary in the circumstances of the case

Compliance with the development standard for building height is unreasonable. The existing dwelling

already exceeds the maximum height limit and the proposal does not involve an exceedance greater

than this (Refer Figure 2 below). The proposed 0.4m (4.7%) height variation is considered minor and

indiscernible when viewed from the streetscape, as well as surrounding properties.

The proposed addition and resultant height is compatible with adjoining development, as

demonstrated by the accompanying architectural plans. It is noted that similar additions exist, which

are of a consistent height, within the row of terrace housing within which the dwelling is contained.

Additionally, the appearance of the and the overall height of the dwelling will remain unchanged when

viewed form the street, as demonstrated by the accompanying architectural plans.




Figure 2: This highlights the level of exceedance as a result of the propose addition.

Precondition 4 – To consider a written request that demonstrates that there are sufficient

environmental planning grounds to justify contravening the development standard and with the

Court [or consent authority] finding that the matters required to be demonstrated have been

adequately addressed

In the recent ‘Four2Five’ judgement (Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90), Pearson C outlined in her judgement that a Clause 4.6 variation requires identification of grounds that are particular to the circumstances to the proposed development. That is to say that simply meeting the objectives of the development standard is insufficient justification of a Clause 4.6 variation. It should be noted that a Judge of the Court, and later the Court of Appeal, upheld the Four2Five decision but expressly noted that the Commissioner’s decision on that point (that she was not “satisfied” because something more specific to the site was required) was simply a discretionary (subjective) opinion which was a matter for her alone to decide. It does not mean that Clause 4.6 variations can only ever be allowed where there is some special or particular feature of the site that justifies the non-compliance. Whether there are “sufficient environmental planning grounds to justify contravening the development standard” is something that can be assessed on a case by case basis and is for the consent authority to determine for itself. The recent appeal of Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 is to be considered. In this case the Council appealed against the original decision, raising very technical legal arguments about whether each and every item of clause 4.6 of the LEP had been meticulously considered and complied with (both in terms of the applicant’s written document itself, and in the Commissioner’s assessment of it). In February of this year the Chief Judge of the Court dismissed the appeal, finding no fault in the Commissioner’s approval of the large variations to the height and FSR controls. While the judgment did not directly overturn the Four2Five v Ashfield decision an important issue emerged. The Chief Judge noted that one of the consent authority’s obligation is to be satisfied that “the applicant’s written request has adequately addressed ...that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case …and that there are




sufficient environmental planning grounds to justify contravening the development standard.” He held that this means:

“the Commissioner did not have to be satisfied directly that compliance with each development standard is unreasonable or unnecessary in the circumstances of the case, but only indirectly by being satisfied that the applicant’s written request has adequately addressed the matter in subclause (3)(a) that compliance with each development standard is unreasonable or unnecessary”.

Accordingly in regards to the proposed development at 97 Broughton Street Kirribilli, the following environmental planning grounds are considered to be sufficient to allow Council to be satisfied that a variation to the development standard can be supported:-

• The existing dwelling already exceeds the maximum height limit and the proposal does

not involve an exceedance greater than this.

• The proposal is meritorious in that it is generally compliant with Council’s controls and

the variance is minor.

• In order to retain the aesthetic qualities and integrity of the architectural design a

variation is proposed. The roofline of the proposed addition provides a logical extension

from the existing roof form, which is consistent with surrounding properties.

• A lower pitched roof is likely to result in a non-compliant floor to ceiling height for a

habitable room.

• The variation to the building height is inconsequential as it is of negligible impact to the

streetscape and the amenity of neighbouring properties. The above are the

environmental planning grounds which are the circumstance which are particular to the

development which merit a variation to the development standard.

In the Wehbe judgment (Wehbe v Pittwater Council [2007] NSWLEC 827), Preston CJ expressed the

view that there are 5 different ways in which a SEPP 1 Objection may be well founded and that

approval of the Objection may be consistent with the aims of the policy. These 5 questions may be

usefully applied to the consideration of Clause 4.6 variations:-

1. the objectives of the standard are achieved notwithstanding non-compliance with the standard;

Comment: Yes. Refer to comments under ‘Justification’ above which discusses the

achievement of the objectives of the standard.

2. the underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

Comment: It is considered that the purpose of the standard is relevant but the purpose

is satisfied.

3. the underlying object or purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

Comment: Compliance does not defeat the underlying object of the control however

compliance would prevent the approval of an otherwise supportable development.

Development standards are not intended to be applied in an absolute manner.




4. the development standard has been virtually abandoned or destroyed by the Council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable;

Comment: Not applicable.

5. the zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.

Comment: The development standard is applicable to and appropriate to the zone.

CONCLUSION

The proposal produces an appropriate development outcome. It is important to note that the existing

dwelling already exceeds the maximum height limit and the proposal does not involve an exceedance

greater than this. The proposed height variation is 0.4m (4.7%), which is minor and indiscernible when

viewed from the streetscape, as well as surrounding properties. Overall design is of good architectural

quality.

As there is no material impact on adjoining properties or the public domain arising from the variation to the building height development standard and the objectives of the control are satisfied, it is considered that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. Therefore, we request that council support the variation on the basis that there are sufficient environmental planning grounds to justify a variance to the development standard.

Lauren Saunders



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