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Item ___IPP10________ - REPORTS -______01/06/2016_________
N O R T H S Y D N E Y C O U N C I L R E P O R T S
NSIPP MEETING HELD ON 01/06/2016
Attachments:
1. Site Plan
2. Architectural Plans
3. Shadow Diagrams
4. Original Conditions of Consent (DA216/14)
ADDRESS/WARD: 48 Upper Pitt Street, Kirribilli (V)
APPLICATION No: DA 216/14/3
PROPOSAL: To Modify Development Consent 216/14 for alterations and
additions to an existing eight storey apartment building
PLANS REF:
Plan No. Issue Title Drawn by Received
S.96.01A A Site Plan Marston Architects 18.09.15
S96.02A A Ground Floor Plan Marston Architects 18.09.15
S.96.03A A Typical Level Plan Marston Architects 18.09.15
S96.04A A Elevation – North, Section Marston Architects 18.09.15
S96.05A A Elevation - East Marston Architects 18.09.15
S96.06A A Elevation - South Marston Architects 18.09.15
S96.07A A Elevation - West Marston Architects 18.09.15
OWNER: Strata Plan No.1036
APPLICANT: Marston Architects
AUTHOR: Natalie Moore, Assessment Officer
DATE OF REPORT: 17 May 2016
DATE LODGED: 18 September 2015
RECOMMENDATION Approval
Report of Natalie Moore, Assessment Officer Page 2
Re: 48 Upper Pitt Street, Kirribilli
EXECUTIVE SUMMARY
This development application seeks approval to modify DA216/14 in respect of further upgrades
to the building façade to incorporate balconies (full width or Juliette) to each unit over Levels 1 –
8, relocation of the pumproom and hydrant booster, raising the parapet by 100mm and blocking
the existing fire stair windows and replacing them with vents. DA216/14 originally granted
approval for alterations and additions an existing eight storey apartment building including new
cladding to the façade, new windows, demolition of existing roof top chimneys, installation of
roof top air conditioning plants and fire safety upgrade works’ at 48 Upper Pitt Street, Kirribilli.
The proposed modification involves
The application is reported to the North Sydney Independent Planning Panel due to
Councillor and public interest.
Notification of the development application has attracted four (4) submissions which raise
concern regarding the absence of individual owners consent for the proposed balconies and the
financial costs associated with the project, amenity impacts from the proposed balconies
including view loss and over shadowing, the impacts of the proposed balconies on the overall
appearance of the building and encroachment upon existing car spaces, and the impacts of
asbestos removal within the building. The assessment has considered these concerns as well as
the performance of the application against Council’s planning requirements.
It is Council’s view that adequate owners consent has been provided. The proposed modification,
namely the proposed balconies which incorporate Alucobond cladding (to match the material
approved as part of the original application) and glazed balustrades, have been designed to
complement the previously approved façade upgrade and adjoining developments which are
contemporary in nature. Whilst the balconies will result in the loss of views to the Opera House
and water from the south-western corner of the living/dining areas of some units within the
building, this view loss is considered to be reasonable when assessed against the Tenacity Test.
Similarly, given the orientation of the building to the south overshadowing impacts from the
balconies is not considered to be material. Appropriate conditions of consent were recommended
in the original development application is manage the removal and disposal of asbestos.
Following this assessment, and having regard to the provisions of Section 79C of the
Environmental Planning & Assessment Act 1979, the application is considered to be reasonable
in the circumstances and is recommended for approval subject to conditions.
LOCATION MAP
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Re: Page 3
Property/Applicant Submittors - Properties Notified
48 Upper Pitt Street Kirribilli - DA 216/14/3
Report of Natalie Moore, Assessment Officer Page 4
Re: 48 Upper Pitt Street, Kirribilli
DESCRIPTION OF PROPOSAL
The proposal involves modification under Section 96(2) of the Act to Development Consent
216/14, which originally granted approval for ‘alterations and additions to an existing eight storey
apartment building including new cladding to the façade, new windows, demolition of existing
roof top chimneys, installation of roof top air conditioning plants and fire safety upgrade works’
at 48 Upper Pitt Street, Kirribilli.
The proposed modification involves
1. Installation of balconies on the western and southern facades of the building over
Levels 1 – 8
The proposed modification involves the construction of new private balconies on the western
and southern facades of the building over Levels 1 – 8. The balconies will vary in size, with
the front most balconies (closest to Upper Pitt Street) between Levels 2 – 8 (Lots 53, 59, 65,
71, 77, 83 and 89) having a dimension of 1.4m in depth and 8.2m in length. The remaining
balconies across the building will be Juliette balconies with a depth of 0.65m and length of
1.2m.
The balconies will be accessible from the main living area of each dwelling and this
modification application proposes new access doors to these balconies.
Figure 1 – Photo montage showing the proposed balconies
Report of Natalie Moore, Assessment Officer Page 5
Re: 48 Upper Pitt Street, Kirribilli
Figure 2 – Proposed balconies on Level 2 – 8 of most southern units (closest to Upper
Pitt Street)
Figure 3 – Proposed Juliette balconies across the remaining units
2. Relocating the pump room and hydrant booster
The proposed modification includes relocating both the pump room and the hydrant booster
assembly from the approved locations to the southern boundary of the site along Upper Pitt
Street. This relocation is required to meet the requirements of NSW Fire & Rescue. The
proposed relocation is shown in Figure 4 below.
Report of Natalie Moore, Assessment Officer Page 6
Re: 48 Upper Pitt Street, Kirribilli
Figure 4 – Approved and proposed locations for the hydrant booster assembly and
pump room
3. Raising the existing parapet by 100mm
The applicant has advised that following detailed design after the original approval, and
to accommodate the insulation within the roof, the approved parapet height of RL61.43
needs to be raised by 100mm to RL61.53.
4. Blocking the existing fire stair windows and adding vents
Following consultation with the unit owners regarding the proposed modifications to the
existing fire stair windows and the installation of the external fire screen, it was
determined that this design was not desirable due to the impacts to sunlight, views and
ventilation for the existing units within the building.
It is therefore proposed to completely remove the windows and fire screen and replace
them with vents.
CHECKING OF PLANS
This application has been checked to ensure that the changes being sought are the only
changes included in the submitted plans.
STATUTORY CONTROLS
North Sydney LEP 2013
Zoning – R4 (High Density Residential)
Report of Natalie Moore, Assessment Officer Page 7
Re: 48 Upper Pitt Street, Kirribilli
Item of Heritage – No
In Vicinity of Item of Heritage – Yes (Adjacent to ‘Wyalla’ at No. 1 – 5 Jeffreys Street
currently St. Aloysius’ College)
Conservation Area – No
FSBL – No
Environmental Planning & Assessment Act 1979
SEPP 55 – Remediation of Land
SEPP 65 – Design Quality of Residential Apartment Development
SEPP (Building Sustainability Index – BASIX) 2004
SREP (Sydney Harbour Catchment) 2005
POLICY CONTROLS
North Sydney Development Control Plan 2013
DESCRIPTION OF LOCALITY
The subject site is legally described as Strata Plan 1036, known as No. 48 Upper Pitt Street,
Kirribilli. The site is located on the northern side of Upper Pitt Street, with a secondary frontage
to Robertson Lane to the north. A small Ausgrid substation is located adjacent to the south-west
boundary of the site. Beyond this is a public footpath running along the western boundary of the
site and providing access to Robertson Lane. The subject site rises sharply from Upper Pitt Street
and provides residents with views across Sydney Harbour to the Harbour Bridge and Opera
House.
Existing on the site is an 8-storey apartment building that contains 47 apartments. The building is
constructed as one structure however functions as three separate towers, each having their own
foyer, lift and stair core (southern tower, middle tower, northern tower). The remainder of the site
is primarily taken up with on-site parking including a mixture of under-croft parking and outdoor
ground level parking in the northern, eastern and southern portions of the site. Limited soft
landscaping is provided along the boundaries of the site. The three lift over runs, motor rooms
and redundant chimneys (used to service the now redundant garbage incinerators) are visible on
the roof of the building (refer to Figure 1 above). A single drainage inlet is located on each
section of the roof, and drains through asbestos pipes throughout the building. This roof is
currently 100mm thick and uninsulated.
Due to the failure of the current waterproofing on the roof, limited insulation capacity and
insufficient drainage, the building (in particular the top floor apartments) experience extreme
interior temperatures and water ingress on a regular basis. Water is also penetrating through the
external skin of the building and windows, which sit flush against the external walls.
Surrounding development is a mix of high density residential, including a 15 storey apartment
building at No. 50 – 58 Upper Pitt Street, and educational establishments being St Aloysius
College at No. 1 – 5 Jeffreys Street and No. 47 Upper Pitt Street.
Report of Natalie Moore, Assessment Officer Page 8
Re: 48 Upper Pitt Street, Kirribilli
Figure 5 – Subject Site
Figure 6 – Subject site from Upper Pitt
Street
Figure 7 – Subject site from the eastern
end of Upper Pitt Street
RELEVANT HISTORY
Subject Site
A search of Council’s records has revealed the following relevant development history for the
subject site.
19 April 1960 Development Application 60/133 was approved by Council
for the erection of a 9 storey apartment building with 62
units and basement parking under, subject to the following
condition: the building line being the alignment of the
existing building.
Report of Natalie Moore, Assessment Officer Page 9
Re: 48 Upper Pitt Street, Kirribilli
30 August 1960 In response to this condition imposed under DA60/133, the
proposal had to be re-designed and Building Application
60/287 was consequently approved for the erection of an 8
storey apartment building with 47 apartments and off-street
parking facilities.
3 September 2014 Development Application 216/14 was approved by the
North Sydney Independent Planning Panel for alterations
and additions to an existing apartment building including
new cladding to the façade, new windows, demolition of
existing roof top incinerators, installation of roof top air
conditioning plant and fire safety upgrade works.
20 August 2015 A Section 96 Application (D216/14/2) to modify D216/14
to enable the construction of balconies off each unit within
the building was rejected by Council for a lack of
individual owners consent.
Subject Development Application
18 September 2015 The subject Section 96 Application (D216/14/3) proposing
modifications to the original consent D216/14 to enable the
construction of balconies off each unit within the building,
relocation of the fire brigade hydrant booster and assembly pump
room, changes to the fire stair windows and raising the parapet
height by 100mm was lodged with Council. Accompanying the
application was legal advice stating that individual owners
consent was not required.
9 October 2015 –
23 October 2015
The subject application was notified to adjoining properties and
the Bradfield Precinct for a 14 day period. Three (3) submissions
were received.
16 November 2015 In response to the submissions received the applicant was
requested to provide:
a) Confirmation that once the balconies were construction
they will form part of the common property of the Strata
Plan.
b) Evidence that there had been a meeting of the Owners
Corporation for the Executive Committee where minutes
have been formalised as to the decision to construct the
balconies and to lodge the S.96 application.
20 November 2015 The requested information was submitted to Council.
15 March 2016 The applicant was advised that the evidence provided as part of
item b) was insufficient and further evidence was required.
22 March 2016 The requested evidence was submitted to Council
Report of Natalie Moore, Assessment Officer Page 10
Re: 48 Upper Pitt Street, Kirribilli
27 April 2016 An additional submission was received in relation to the
development application.
REFERRALS
Building
The modification application was discussed with Council’s Team Leader of Building Compliance
in relation to the modifications to the fire safety measures approved as part of the original
development application, namely the closure of the existing fire stair windows and installation of
vents in their place.
No in-principle objection was raised to these proposed changes, subject to modification to
Condition G2 to reflect the updated Fire Safety Report prepared by Stephen Grubit & Associates
as follows:
G2 Fire Safety Upgrades
Prior to the issuance of any Occupation Certificate, appropriate certification
shall be obtained indicating that all works have been completed in accordance
with the Stephen Grubit & Associates Fire Safety Report, numbered 2013/207
R1.14, and the Recommended Fire Safety Upgrade works outlined within Part 5.0
of the Philip Chung Report, dated 16 April 2013.
(Reason: Fire safety upgrade)
Heritage
The modification application was discussed with Council’s Conservation Planner due to the
location of the site adjacent to the heritage listed item at No. 1 – 5 Jeffreys Street. No objection
was raised to the proposed works.
SUBMISSIONS
The owners of adjoining properties and the Bradfield Precinct were notified of the proposed
development for a 14 day period between 9/10/2015 – 23/10/2015. The notification resulted in
four (4) submissions which are summarised below:
Owners consent should be required from each individual lot owner.
The combination of double width and Juliet balconies will make the building unbalanced and
ugly.
Impact of the full width balconies on views from the remaining units.
Amenity impact of the full width balconies above Unit 1 (front unit on Level 1).
Owners consent should be required from each individual lot owner.
Financial costs associated with providing only a 1m2 Juliet balcony.
Amenity impact of the full width balconies above Unit 1 (front unit on Level 1)
Proposed balconies at the front of the building will encroach upon the car spaces off Upper Pitt
Street.
Impact from the removal of asbestos in the building.
Proposed design is not uniform with the current architecture and the balcony will protrude out
on one side of the land.
View loss from full width balconies.
Report of Natalie Moore, Assessment Officer Page 11
Re: 48 Upper Pitt Street, Kirribilli
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Environmental Planning & Assessment Act 1979 - Section 96 Modification of Consents
Section 96(2) of the Environmental Planning and Assessment Act 1979 enables a consent
authority to modify a development consent upon application being sought by the applicant or any
person entitled to act on the consent, provided that the consent authority:
Is satisfied that the development to which the consent as modified relates is substantially
the same development;
Has consulted the relevant Minister, public authority or approval body in respect of a
condition imposed as a requirement of a concurrence to the consent or in accordance
with the general terms of an approval proposed to be granted by the approval body and
that Minister, authority or body has not, within 21 days after being consulted, objected to
the modification of that consent;
Has notified the application in accordance with the regulations or DCP and has
considered any submissions made concerning the proposed modification; and
In determining the application for modification, has taken into consideration such
matters referred to under Section 79C(1) as are relevant.
Therefore, Council’s assessment of the application to modify the subject development consent
must consider the following issues:
1. Is the proposed development as modified substantially the same development for
which consent was originally granted and before that consent as originally
granted was modified (if at all)?
The proposed modification is considered substantially the same development for which
consent was originally granted. No change is proposed to the use, overall height or
internal footprint of the building. The proposed changes to include the balconies form
part of a wider façade upgrade to the building which was approved as part of the original
development application. The increase to the parapet height by 100mm from that
originally approved is required for the remedial works to the roof and the removal of the
fire stair windows as approved and inclusion of the vents in their place forms is required
to ensure fire safety. Similarly, the relocation of the pump room and hydrant booster from
the locations originally approved is in response to consultation with NSW Fire & Rescue.
In light of the above, the works proposed as part of the modification are considered to be
generally consistent with the original scope of works for a façade upgrade, remedial
works and fire upgrades. The proposal as amended is therefore substantially the same
development as originally approved by Council.
2. Whether the application required the concurrence of the relevant Minister, public
authority or approval body and any comments submitted by these bodies?
The subject modification does not require concurrence of the relevant minister, public
authority or approval body.
3. Whether any submissions were made concerning the proposed modification.
Report of Natalie Moore, Assessment Officer Page 12
Re: 48 Upper Pitt Street, Kirribilli
The owners of adjoining properties and the Bradfield Precinct were notified of the
proposed development for a 14 day period between 9/10/2015 – 23/10/2015. The
notification resulted in four (4) submissions which are summarised earlier in this report.
A response to these submission is provided later in this report.
4. Any relevant considerations under Section 79C(1) of the Environmental Planning
and Assessment Act 1979.
The relevant matters for consideration under Section 79C of the Environmental Planning
and Assessment Act 1979, are assessed under the following headings.
SEPP 55 - Remediation of Land
The provisions of SEPP 55 require Council to consider the likelihood of land contamination and
any remediation necessary to rehabilitate the site. Council’s records indicate that the site has
previously been used for residential development and as such is unlikely to contain any
contamination. The requirements of SEPP 55 have therefore been satisfactorily addressed.
SEPP 65 – Design Quality of Residential Apartment Development
SEPP No.65 seeks to improve the design quality of residential flat development. It is noted that,
pursuant to Clause 4, the SEPP does not strictly apply to the subject application as the
modification works are not considered to be a substantial redevelopment or refurbishment of the
existing residential flat building.
However, the proposed works are considered to satisfy the relevant principles of the SEPP in the
following ways:
The façade treatment, including the balconies, will improve the appearance of the existing
residential flat building and its contribution to the neighbourhood and harbourside
location.
There will be no material change to the overall scale of the building.
The proposed works will have no impact upon the density of development at the site.
The inclusion of the proposed balconies will improve the internal amenity of units for the
occupants by providing a greater access to natural ventilation, outlook and private open
space.
The proposed balconies will enable occupants of the building to have greater interaction
with the surrounding public domain, increasing opportunities for passive surveillance of
public areas.
The inclusion of the balconies on the existing residential flat building provides greater
articulation across the façade, responds to the existing context in particular the proximity
to the harbour and access to expansive views and outlook and better reflects
developments of a similar scale within the surrounding area (namely 50 – 58 Upper Pitt
Street). The use of the Alucobond cladding for the balconies will ensure the balconies
complement the previously approved façade upgrade works.
Overall, the proposed modification is likely to improve the presentation of the building to the
streetscape, enhance the internal amenity within each unit and provide some private open space to
these units. The application is therefore considered to be reasonable when considered against the
Report of Natalie Moore, Assessment Officer Page 13
Re: 48 Upper Pitt Street, Kirribilli
relevant principles of SEPP 65.
SREP (Sydney Harbour Catchment) 2005
The subject site is located within the Sydney Harbour Catchment as defined under the SREP. The
site however is not located within the Foreshore and Waterways Area, or the Opera House buffer
area.
Nevertheless, consideration has been given to the relevant provisions of the SREP as follows:
Part 1 – Preliminary
Clause 2 – Aims of Plan
The proposed modification seeks to improve and upgrade the external appearance of the building,
and amenity of individual units through the provision of the balconies. The existing building and
the changes as part of this modification are not considered to be so significant as to compromise
the aims of the SREP with regard to the protection of the foreshores and waterways.
Part 2 – Planning Principles
Clause 13 – Sydney Harbour Catchment
The proposed balconies will have no impact upon the hydrological, ecological and
geomorphological processes of the catchment.
Due to the height and siting of the existing apartment building, it sits prominently within the
Kirribilli skyline and is visible from Sydney Harbour. The proposed modification to include
balconies will add further articulation to the existing building without significantly altering its
bulk and height. The retention of the previously approved muted colour scheme will continue to
be an improvement over the existing lighter, uncharacteristic façade, and will ensure that the
building is a recessive element amongst the Kirribilli skyline as seem from the harbour.
SEPP (Building Sustainability Index – BASIX) 2004
An amended BASIX Certificates have been submitted to cover the proposed modifications. It is
recommended that the original condition requiring compliance with the commitments contained
in the certificate be modified to reflect the amended certificates.
NORTH SYDNEY LEP 2013
In accordance with the findings by Justice Lloyd in Gann & Anor v Sutherland Shire Council
[2008] NSWLEC 157, the modification of a development consent pursuant to Section 96 which
results in a new or modified variation to a development standard, does not require the submission
of a request for variation to the control. In this regard, reference is made to the provisions of
S.96(3) of the Act which distinguishes between the modification of a development consent
pursuant to s.96 and the granting of development consent.
Notwithstanding, Council must still consider the proposed modifications against the relevant
development standards and provisions of the North Sydney LEP 2013, under the requirements of
S.96(3) & s.79C of the Act as follows:
Report of Natalie Moore, Assessment Officer Page 14
Re: 48 Upper Pitt Street, Kirribilli
1. Permissibility within the zone
The subject site is zoned Residential R4 (High Density Residential) under the provisions of the
North Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of
alterations and additions to an existing apartment building is permissible with the consent of
Council.
2. Residential Zone Objectives
The proposed modifications to the original development are considered to generally support the
objectives of the zone for the reasons stated throughout this report.
3. NSLEP 2013 Compliance Table
The application has been assessed against the relevant numeric controls in NSLEP 2013.
Principal Development Standards – North Sydney Local Environmental Plan 2013
Site Area – 1,878m²
Existing Proposed Control Complies
Clause 4.3 – Heights of
Building
29.01m (existing chimney
approved to be demolished
as part of DA216/14)
28.2m (proposed louvre
screen as approved under
original development
consent – DA216/14)
24.33m (new parapet)
12m NO
4. Building Height
The proposed 12.33 metre breach to the building height has been assessed against the objectives
of the building height control to measure the performance of the proposed modification. These
matters have been considered below.
(1)(a) To promote development that conforms to and reflects natural landforms, by
stepping development on sloping land to follow the natural gradient
The proposal generally respects the existing landform and does not seek a further
increase in the overall height of the subject apartment building.
(1)(b) To promote the retention and, if appropriate, sharing of existing views
An assessment of the proposed modification on the impact to views, both from
surrounding properties and within the subject building, is discussed below:
No. 50 – 58 Upper Pitt Street
Report of Natalie Moore, Assessment Officer Page 15
Re: 48 Upper Pitt Street, Kirribilli
The subject building is located directly to the west of No. 50 – 58 Upper Pitt Street. The
orientation of the primary balconies and windows affording harbour views of the units at
No. 50 – 58 Upper Pitt is to the northwest and south, southwest towards the CBD,
Opera House and Harbour Bridge. As such, the primary outlook and views from the units
of No. 50 – 58 Upper Pitt Street will not be altered by the proposed modification to the
subject building, in particular the addition of the balconies.
Units within the subject building (48 Upper Pitt Street)
The existing units within the building benefit from expansive harbour views
encompassing the city and North Sydney skylines, water, Harbour Bridge and Opera
House (refer to Figures 9 – 14 below).
It is noted that there would be differing impacts to views across the building and from
different levels as a result of the proposed balconies. Consideration has been given to the
possible view loss impacts from the proposed balconies (both full width and Juliette) in
accordance with the four (4) step process adopted by Commissioner Roseth of the NSW
Land and Environment Court centering around Tenacity Consulting v Warringah Council
[2004] NSWLEC 140 (also known as the Tenacity Test) with an assessment provided
below.
Access was only gained to two units (Units 26 & 31) within the building for the purpose
of this view loss analysis because these were the units that raised concerns regarding view
loss during the notification of the application. The location of these units is shown in
Figure 8 below. It can be seen from Figure 8 that Unit 26 is located in the southern
(front) block of the ‘middle’ tower and any potential view loss would be from a Juliette
balcony to the unit directly in-front. Unit 31 is located in the northern (rear) block of the
‘southern’ tower and any potential view loss from this unit would be from the full width
balcony to the unit directly in-front.
Report of Natalie Moore, Assessment Officer Page 16
Re: 48 Upper Pitt Street, Kirribilli
Figure 8 – Site plan of the subject site showing the approximate location of views to
the Harbour Bridge from Units 26 & 31 for the purpose of view loss analysis
Figures 9 & 10 – The existing view from the southern and western windows of Unit
26/48 Upper Pitt Street from a sitting position in the living room
Report of Natalie Moore, Assessment Officer Page 17
Re: 48 Upper Pitt Street, Kirribilli
Figure 11 –The view of the Opera House from a standing position in the south-
western corner of the living/dining room of Unit 26/48 Upper Pitt Street
Figures 12 & 13 – The existing view from the southern and western windows of
Unit 31/48 Upper Pitt Street from a standing position in the living room
Figure 14 – The view of the Opera House from a standing position in the south-
western corner of the living/dining room of Unit 31/48 Upper Pitt Street
First Step:
Report of Natalie Moore, Assessment Officer Page 18
Re: 48 Upper Pitt Street, Kirribilli
“The first step is the assessment of views to be affected. Water views are valued more
highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or
North Head) are valued more highly than views without icons. Whole views are valued
more highly than partial views, eg a water view in which the interface between land and
water is visible, is more valuable than one in which it is obscured.”
Comment:
The views/outlook currently enjoyed from the combined living/dining areas of each unit
(including Unit 26 and Unit 31), as mentioned above, include expansive harbour views
encompassing the city and North Sydney skylines, water, Harbour Bridge and Opera
House (refer to Figures 9 – 14 above). These views are iconic views of high value. The
proposal would have no impact on the Harbour Bridge, Sydney and North Sydney
skylines and the majority of water views and views to the land and water interface.
However, the proposal will impact upon views to the Sydney Opera House and water
directly below the Opera House.
Unit 26:
As indicated in Figure 15 below, the proposed height of the balcony, when viewed from
Unit 26, will match the height of the window sill of the existing western window which is
visible from this unit. The solid component of the balcony will therefore project at a
height as shown in red on Figure 15. The addition of the Juliette balcony to the unit in
front of Unit 26 will remove part of the Opera House and water view as shown in orange.
It is unlikely that the glazed balustrading proposed on the Juliette balcony will obstruct
any views because it is proposed to be inset approximately 550mm from the western
corner of the building at this location.
Figure 15 – Photograph taken from a standing position in the south-western corner
of Unit 26/48 Upper Pitt Street
Unit 31:
Report of Natalie Moore, Assessment Officer Page 19
Re: 48 Upper Pitt Street, Kirribilli
As indicated in Figure 16 below, the proposed full width balcony will extend 300mm
higher than the window sill of the existing western window which is visible from this unit
because of the proposed glazed balustrade. As such, the addition of this balcony and
associated balustrading to the unit in front of Unit 31 will remove part of the Opera House
and water view from Unit 31 as shown in orange (balcony) and green (balustrade).
Figure 16 – Photograph taken from a standing position in the south-western corner
of Unit 31/48 Upper Pitt Street
Second Step:
“The second step is to consider from what part of the property the views are obtained.
For example the protection of views across side boundaries is more difficult than the
protection of views from front and rear boundaries. In addition, whether the view is
enjoyed from a standing or sitting position may also be relevant. Sitting views are more
difficult to protect than standing views. The expectation to retain side views and sitting
views is often unrealistic.”
Comment:
As mentioned above, the views in question are obtained from the combined living/dining
rooms of each unit, in a standing and sitting position. The views of the Opera House are
obtained by standing and/or sitting within the south-western corner of the living/dining
room, as indicated in Figure 8 above.
Third Step:
“The third step is to assess the extent of the impact. This should be done for the whole of
the property, not just for the view that is affected. The impact on views from living areas
is more significant than from bedrooms or service areas (though views from kitchens are
highly valued because people spend so much time in them). The impact may be assessed
quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to
Report of Natalie Moore, Assessment Officer Page 20
Re: 48 Upper Pitt Street, Kirribilli
say that the view loss is 20% if it includes one of the sails of the Opera House. It is
usually more useful to assess the view loss qualitatively as negligible, minor, moderate,
severe or devastating.”
Comment:
From differing levels, it is likely the views to the Opera House will be reduced and/or
removed from the south-western corner of the living/dining rooms of a number of units
within the building. However, this impact would differ across each level of the building
given the changes in the angle of the view to the Opera House. Furthermore, on some
levels (every alternate level), the addition of the Juliette balconies will only result in an
additional 250mm of cladding (as oppose to 860mm) at the south-western corner of each
unit to that which was originally approved (DA216/14) (refer to Figures 17 & 18 below).
Overall, the proposed balconies are likely to impact on views to the Opera House and the
water directly below the Opera House from the south-west corner of the living rooms of
some units within the building. The loss or reduction of views to the Opera House is
considered to be severe given it is an iconic structure. The overall view from all living
rooms to the Harbour Bridge, city and North Sydney skyline, water and water and land
interface will remain unaffected and will be retained.
Figure 17 – Cladding as approved under DA216/14 showing different cladding
design across levels of the building (Note: thick black line and dotted line showing
different cladding design to be applied alternately across each level of the building)
Report of Natalie Moore, Assessment Officer Page 21
Re: 48 Upper Pitt Street, Kirribilli
Figure 18 – Proposed Juliette balconies showing the relationship of the proposed
balcony and façade cladding with the dotted alternate cladding approved under
DA216/14 and shown in Figure 17 above.
Unit 26:
As demonstrated in Figure 15 above, the addition of the Juliette balcony to the unit
directly in front of Unit 26 will result in the loss of views to some of the Opera House and
water below from Unit 26. Any loss of views to the Opera House is considered to be
severe. However, the views obtained from the main part of the living/dining room (when
standing in the centre of the room) will be retained including views to the Harbour
Bridge, city and North Sydney skylines, water, and land and water interface.
Unit 31:
As demonstrated in Figure 16 above, the addition of the full width balcony to the unit
directly in front of Unit 31 will result in the loss of views to some of the Opera House and
water below from Unit 31. Any loss of views to the Opera House is considered to be
severe. However, the views obtained from the main part of the living/dining room (when
standing in the centre of the room) will be retained as part of the proposal including views
to the Harbour Bridge, city and North Sydney skylines, water, and land and water
interface.
Report of Natalie Moore, Assessment Officer Page 22
Re: 48 Upper Pitt Street, Kirribilli
Fourth Step:
“The fourth step is to assess the reasonableness of the proposal that is causing the
impact. A development that complies with all planning controls would be considered
more reasonable than one that breaches them. Where an impact on views arises as a
result of non-compliance with one or more planning controls, even a moderate impact
may be considered unreasonable. With a complying proposal, the question should be
asked whether a more skilful design could provide the applicant with the same
development potential and amenity and reduce the impact on the views of neighbours. If
the answer to that question is no, then the view impact of a complying development would
probably be considered acceptable and the view sharing reasonable.”
Comment:
As discussed above, the proposed balconies will result in a loss of views to the Sydney
Opera House and some water from existing units within the building. However, the
proposed development is considered to be reasonable giving consideration to the
following:
The proposal impacts only those units within the building, and not surrounding
properties. Council is of the understanding that it is the applicants and the
buildings desire to provide the balconies as proposed.
Views from units benefiting from a Juliette balcony would be somewhat
reinstated where they are lost through the addition of a Juliette balcony to the unit
directly in front of them.
On a number of levels (every alternate level), the depth of the balcony is similar to
the depth of the cladding approved as part of the original application (refer to
Figures 17 & 18 above). Therefore where it is these elements causing view loss,
the extent of view loss is not significantly greater than that already approved.
Whilst impacting views of the Sydney Opera House, all units will continue to
retain expansive harbour views of the Harbour Bridge, City and North Sydney
skylines, water, and land and water interface.
The units within the building currently do not benefit from any private open
space. The addition of the balconies will provide each unit with some level of
private open space to improve amenity.
Council has been provided with a Strata Seal and Executive Committee Meeting
Minutes approving the proposed balconies.
Unit 26:
The upper sails of the Sydney Opera House would be retained and all other considerations
above apply, including that this unit would be benefiting from a similar Juliette balcony to
the one that will impact its views to the Opera House.
Unit 31:
The glazing to the front balconies will likely obscure part of the Sydney Opera House
from this unit. However, again, the upper sails will be retained. Furthermore, the unit
benefits from a Juliette balcony which will reinstate part of the view to be lost.
Report of Natalie Moore, Assessment Officer Page 23
Re: 48 Upper Pitt Street, Kirribilli
Conclusion
The types of views potentially affected by the proposed development are water views and
views of the Sydney Opera House from the living/dining room windows of units within
the subject building. Such views are considered to be valuable under the Tenacity
principles.
Whilst the Tenacity Test suggests that the view loss caused by the proposal has the
potential to be severe from some units within the building, the view loss is considered to
be reasonable for the reasons stated above.
Surrounding development
Given the topography and height of buildings, district harbour and skyline views may be
available from buildings further away from the subject site, including North Sydney and
beyond. The addition of the balconies is unlikely to the result in view loss from any of
these building simply because the balconies are orientated on the southern side of the
building and will largely not be visible from these distant buildings.
The increase in the parapet height by 100mm is also unlikely to generate a loss of
significant views when compared to the originally approved development application
because of the minor addition in height to this parapet.
Nevertheless, the retention of any distant views from these building in relation to the
proposed development is considered to be unreasonable in this instance.
(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 indicate that the
addition of the balconies will result in only an additional 15 minutes of overshadowing to
the western windows of each unit and these windows and internal open plan living spaces
will continue to receive sun from 12:30pm on June 21. Given the very minor reduction in
solar access, and the fact that the primary living spaces of each unit will retain solar
access from 12:30pm, the overshadowing is considered to be acceptable.
It is unlikely that the full width balcony on the Level 2 southern elevation will result in a
reduction of solar access to the lower Level 1 unit beneath because any shadows from this
new balcony will fall on areas to the south of the site and not to the north at the location
of the windows and internal living space of the lower Level 1 unit.
No material additional overshadowing is likely from the remaining modifications
proposed as part of this application, including the 100mm increase in the parapet height.
(1)(d) To maintain privacy for residents of existing dwelling and to promote privacy
for residents of new buildings
The proposed modification, namely the addition of the balconies to each unit is unlikely
to result in material privacy impacts for adjoining properties. As indicated in Figure 17
Report of Natalie Moore, Assessment Officer Page 24
Re: 48 Upper Pitt Street, Kirribilli
below the views are primarily to the south, across Upper Pitt Street to the harbour, Opera
House, Harbour Bridge and city skyline. The balconies face away from surrounding
residential development and whilst they will provide some outlook to the west across St.
Aloysius College, the provision of the balconies will not significantly increase the level of
privacy impacts to the school, primarily because the existing living room windows of
each unit already overlook the school. Furthermore, the primary views from these
balconies will be across the roofs of the school to the iconic views of the Harbour Bridge
and Sydney Harbour.
The use and capacity of the Juliette balconies is also highly restricted by their size. With
a depth of 650mm and length of 1.2 metres they are unlikely to be utilised for long
periods of time and by large numbers of people. As such, they are unlikely to be a cause
of material privacy impacts to surrounding development.
Figure 17 – Aerial view of the subject site and adjoining properties showing the
primary view lines from the proposed balconies
(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 promote the character of the area
The proposed modifications, including the provision of balconies across the building
would not result in a substantial change to the built form of the subject apartment
building. The balconies will provide greater articulation to the currently nondescript
façade and enhance the buildings contribution to the streetscape. There would be no
change to the scale and density of the existing development.
Report of Natalie Moore, Assessment Officer Page 25
Re: 48 Upper Pitt Street, Kirribilli
Conclusion:
It is concluded that the proposed modifications would have no material impact on neighbouring
properties in terms of the character of the locality and the general amenity of existing units within
the subject building and adjoining properties.
5. Heritage
As discussed in the Referrals Section of this report, the modification application was discussed
with Council’s Conservation Planner due to the location of the site adjacent to the heritage listed
item at No. 1 – 5 Jeffreys Street and no objection was raised to the proposed works, including the
balconies.
The proposed modification is therefore considered to be acceptable having regard to Clause 5.10
of NSLEP 2013.
DEVELOPMENT CONTROL PLAN 2013
The proposal is generally consistent with section B1 of the DCP relating to residential
developments and section C8.0 & C8.2 being the character statement for the Kirribilli
Neighbourhood within the Kirribilli Planning Area.
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
Complies Comments
1.2 Social Amenity
Population Mix
Maintaining Residential
Accommodation
Yes The proposed modification 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 modification would not affect the supply of affordable
housing and housing for seniors or people with disabilities.
1.3 Environmental Criteria
Topography Yes The proposed modification would not alter the existing topography of the
subject site.
Visual Impact Yes The existing apartment building sits prominently within its surrounds and
is highly visible from the harbour due to its height and elevated setting.
The addition of the cantilever balconies across the building are
considered to be appropriate giving consideration the use and
context/location of the building. The proposed construction method
(cantilever), design (incorporating the balconies, in particular the Juliette
balconies largely within the existing building envelope) and materials
(Alucobond cladding to match the façade treatment approved under the
original application) will ensure that the new impact of the balconies on
the landscape and skyline is minimised.
The remaining modifications, including the additional 100mm to the
parapet height, are minor and unlikely to have an undesirable material
impact on the Kirribilli skyline when viewed from the harbour.
Views Yes An assessment of view loss against the Tenacity Principle was undertaken
earlier within this report and the extent of view loss from the proposal is
considered to be reasonable.
Solar Access Yes An examination of the shadow diagrams submitted with the application
indicate that the addition of the balconies will result in only an additional
15 minutes of overshadowing to the western windows of each unit and
these windows and internal open plan living spaces will continue to
receive sun from 12:30pm on June 21. Given the very minor reduction in
solar access, and the fact that the primary living spaces of each unit will
Report of Natalie Moore, Assessment Officer Page 26
Re: 48 Upper Pitt Street, Kirribilli
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
Complies Comments
retain solar access from 12:30pm, the overshadowing is considered to be
acceptable.
It is unlikely that the full width balcony on the Level 2 southern elevation
will result in a reduction of solar access to the lower Level 1 unit beneath
because any shadows from this new balcony will fall on areas to the south
of the site and not to the north at the location of the windows and internal
living space of the lower Level 1 unit.
No material additional overshadowing is likely from the remaining
modifications proposed as part of this application, including the 100mm
increase in the parapet height.
Acoustic Privacy
Yes Acoustic impacts from the proposed modification is unlikely to have a
material impact upon neighbourhing properties because:
The larger balconies on the southern façade are orientated
towards the harbour, away from neighbouring residential
properties.
The Juliette balconies are limited in size which will restrict
their use and capacity, and orientated away from neighbourhing
residential properties.
The pump and hydrant pump room are located along the street
frontage (in accordance with the requirements of the Fire
Brigade) and not within close proximity to residential
properties.
The proposed vents will replace existing approved service
windows in the fire stair, thereby likely reducing any acoustic
impacts at this location.
Visual Privacy Yes The proposed modification, including the balconies, is not expected to
generate any visual privacy impacts because:
The larger balconies on the southern façade are orientated
towards the harbour with no direct views into neighbourhing
properties.
The Juliette balconies are limited in size which will restrict
their use and capacity, and have a primary orientation to the
south, south-west, across the harbour.
The proposed vents will replace existing approved service
windows in the fire stair, thereby likely reducing the
opportunity for overlooking from these windows.
There is already opportunity mutual overlooking within he
subject building and the addition of the balconies is unlikely to
enhance this opportunity.
1.4 Quality built form
Context Yes The subject site is located within a highly built-up area with a diverse mix
of built forms. The balconies, including the partially glazed balustrades
and Alucobond exterior, have been designed to complement the
previously approved façade upgrade and adjoining developments which
are contemporary in nature.
Overall, the proposed modification is considered to appropriately respond
to the opportunities and constraints of the site.
Streetscape Yes The proposal will not impact upon the existing Council infrastructure
within the vicinity of the site. Nevertheless, a condition requiring a bond
to protect Council’s assets throughout construction has been
recommended.
The addition of the balconies to the façade of the building will provide
greater articulation to the façade and improve the aesthetic quality of the
existing building. The use of Alucobond material across the exterior of
the balconies to match the remainder of the building (as approved under
the original DA) will ensure the balcony structures are well integrated
into the building. The proposed glazed balustrading is also
Report of Natalie Moore, Assessment Officer Page 27
Re: 48 Upper Pitt Street, Kirribilli
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
Complies Comments
complementary to the contemporary building materials. Overall, it is
considered that the balconies have been appropriate designed to integrate
with the existing building and minimise the overall bulk and scale of the
building within its surrounds.
Whilst the revised location of the proposed hydrant booster assembly and
pump room will result in these structures being visible from Upper Pitt
Street, the location of this infrastructure has been influenced by the
requirements of the NSW Fire Brigade and the constraints of the site. For
these reasons, their proposed location is considered to be acceptable.
Laneway Yes The proposed modification would have no impact upon Robertson Lane.
Subdivision Pattern No change The proposal would not change the subdivision pattern of the locality.
Sitting No change The proposed modifications would not alter the sitting and/or orientation
of the existing building and the balconies are proposed on the southern
façade of the building so that they address the primary street frontage
(Upper Pitt Street).
Setback – Side and Rear No change The proposal will not significantly alter the side, rear or front setbacks of
the existing apartment building when measured from the exterior building
line (external walls).
Building Separation No change The existing separation between buildings within and outside the subject
site would generally be unchanged because the proposed works would be
carried out substantially within the existing building envelope not
affecting the separation distance between habitable rooms and balconies
or non-habitable rooms. Appropriate conditions have been recommended
to manage acoustic impacts from the proposed air conditioning plant on
adjoining residences.
Form Massing Scale
Built Form Character
Yes The height, form and the visual mass of the existing apartment building
would generally be maintained.
Overall, the form, scale and character of the existing building, that being
an eight (8) storey residential flat building, will remain unaltered by the
proposed modifications.
The addition of the balconies to the building is considered to be
reasonable given the function of the building as a residential building and
is consistent with other flat buildings within the immediate vicinity,
namely No. 50 – 58 Upper Pitt Street. As discussed throughout this
report, the balconies have been designed giving consideration to the scale
and form of the existing building and will provide greater articulation to
its façade and improve the aesthetic quality. The use of Alucobond
material across the exterior of the balconies to match the remainder of the
building (as approved under the original DA) will ensure the balcony
structures are well integrated into the building. The proposed glazed
balustrading is also complementary to the contemporary building
materials.
The minor 100mm increase in the parapet height, required as part of the
larger remedial works to the building, is unlikely to impact upon the
perceived scale or overall height of the building.
The deletion of the windows in the fire stair and replacing them with
louvred screens will not significantly alter the form, character of scale of
the building.
Having regard to the above, the proposed development is considered to be
acceptable in terms of bulk, scale and built form character.
Dwelling Entry No change The proposal would not alter the existing main entry to the apartment
building.
Roofs Yes The existing roof will be extended to cover the top floor balconies (both
Juliette and full width). The roof extension will be flat to match the
existing roof and feature Alucobond cladding to match the remaining
parapet.
Report of Natalie Moore, Assessment Officer Page 28
Re: 48 Upper Pitt Street, Kirribilli
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
Complies Comments
No objection is raised to this component of the proposal.
Materials Yes
As mentioned throughout this report and demonstrated in Figure 1, the
applicant proposes to clad the exterior of the balconies in Alucobond
cladding to match the remainder of the building (as approved under the
original DA) with glazed balustrades. The proposed materials will ensure
the balconies are well integrated into the existing building and considered
to be reasonable. Appropriate conditions were imposed on the original
consent to manage reflectivity of the Alucobond material. An additional
condition is recommended that the proposed balustrading on the
balconies be clear glazed (refer to Condition C13).
Balconies – Apartments No
(acceptable
on merit)
The proposed width of the balconies does not comply with the minimum
two (2) metre width. This non-compliance is considered to be reasonable
because:
The balconies are being constructed on an existing residential
flat building and the design is guided by the constraints of the
existing building.
The units do not currently benefit from any private or
communal open space and the proposed balconies, whilst non-
compliant in size, will provide some private open space for
residents.
Wider balconies are not considered appropriate in the site
circumstance given the concerns raised regarding view loss.
1.5 Quality Urban Environment
High Quality Residential
Accommodation
Yes The proposed modifications will continue to ensure residents are provided
with a high level of internal amenity within each unit. As discussed
previously, the balconies will not result in a material loss of solar access
to internal unit spaces on June 21.
Vehicle Access and Parking No change The proposal would not change the existing parking and vehicle access
arrangements to from either Upper Pitt Street or Robertson Lane.
Site Coverage
Unbuilt Upon Areas
Landscaped Area
Yes & No
The proposed balconies (11.48m2) will result in a minor increase in site
coverage at the site and a reduction in unbuilt upon area as shown in the
table below. As the site will continue to maintain compliance with site
coverage, and the non-compliance with the unbuilt upon area will be
slightly reduced, the proposed modification is considered to be reasonable
in this instance.
Site Area:
1878sqm
Existing As
Approved
under
DA216/14
Proposed Complies
Site coverage
(Max 45% or
845.1m2)
471.17m2
(25.09%)
479.72m2
(25.54%)
491.2m2
(26.16%)2
Yes
Unbuilt Upon
Area
(Max 15% or
281.7m2)
1296.83m2
(69.05%)
1295.03m2
(68.96%)
1283.55m2
(68.35%)
No
(Improved)
Landscaped Area
(Min 40% or
751.2m2)
Approx.
110 m2
(5.86%)
Approx
103.25m2
(5.50%)
No change No
Private and Communal Open Space No
(acceptable
on merit)
The subject site does not currently provide any usable and suitable private
and communal open space with the majority of the site occupied by on-
site parking. Whilst limited, the proposed balconies will provide some
levels of private open space for existing and future residents.
Safety and Security Yes The introduction of the balconies will provide increased opportunity for
passive surveillance of the public domain.
Landscaping
Front Gardens
No change The proposed modification works will not alter the existing landscaping
or gardens at the site.
1.6 Efficient Use of Resources
Report of Natalie Moore, Assessment Officer Page 29
Re: 48 Upper Pitt Street, Kirribilli
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
Complies Comments
Energy Efficiency Yes The applicant has submitted updated BASIX certificates to demonstrate
compliance with the energy efficiency requirements. A condition is
recommended to modify the original condition of consent to reflect these
updated certificates.
Kirribilli Planning Area (Kirribilli Neighbourhood)
The application has been assessed against the relevant controls in Part B of North Sydney DCP
2013. The proposal is also 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 modification will retain the existing high density
residential development at the site, with no material adverse impact on the built form character of
the locality.
As discussed throughout this report, whilst the addition of the balconies will result in loss of
views to the Opera House from the south-western corner of some units within the building, the
level of view loss is considered to be reasonable when assessed against the Tenacity Principle.
The proposal is considered to be acceptable in this regard.
ALL LIKELY IMPACTS OF THE DEVELOPMENT
All likely impacts of the proposed development have been considered within the context of
this report.
ENVIRONMENTAL APPRAISAL CONSIDERED
1. Statutory Controls Yes
2. Policy Controls Yes
3. Design in relation to existing building and Yes
natural environment
4. Landscaping/Open Space Provision Yes
5. Traffic generation and Carparking provision Yes
6. Loading and Servicing facilities NA
7. Physical relationship to and impact upon adjoining Yes
development (Views, privacy, overshadowing, etc.)
8. Site Management Issues Yes
9. All relevant S79C considerations of Yes
Environmental Planning and Assessment (Amendment) Act 1979
Report of Natalie Moore, Assessment Officer Page 30
Re: 48 Upper Pitt Street, Kirribilli
RESPONSE TO SUBMISSIONS
Owners consent
Council has given careful and detailed consideration on the issue of Owners Consent and it is
considered that adequate owners consent has been provided for the purpose of the lodgement and
assessment of this application. Any dispute regarding the validity of the owners consent is a
matter for the owners of the Strata Plan and should be resolved through NSW Fair Trading.
Amenity impacts of full width balconies
An assessment of view loss against the Tenacity Principle was undertaken including for Unit
26 and Unit 31 within the subject building. The detailed view loss analysis determined that,
whilst there would be some loss of views to the Opera House and water below, that this view
loss was considered to be reasonable.
An assessment of the shadow diagrams and solar access provided by the applicant also indicated
that each unit would continue to receive the majority of existing solar access on June 21, with the
exception of only 15 minutes. Similarly, there would be no loss of solar access to the southern
facing ground floor unit as a result of the full width balcony above, because any shadows from
this new balcony above will fall on areas to the south of the site and not to the north at the
location of the windows and internal living space of the lower Level 1 unit.
Balcony encroachment upon car spaces on Upper Pitt Street
In the absence of a contact telephone number, an email was sent to the submittor in response to
this issue, with a request to contact Council to discuss this further. To date, no response has been
received from the submittor. In light of this, a response has been provided based on an
interpretation of the limited information provided in the submission.
It is understood from the submission that the submittor is concerned that the balconies on the
southern façade will encroach on the street level car spaces along Upper Pitt Street (refer to
Figure 18 below). These car spaces are private and owned by individual lot owners within the
subject building.
Report of Natalie Moore, Assessment Officer Page 31
Re: 48 Upper Pitt Street, Kirribilli
Figure 18 – The subject site and street level car spaces
As indicated in Figure 19 below (Drawing No. S96.01A), the proposed balconies will not
encroach over these car spaces.
Figure 19 – Location of proposed balconies in relation to the existing lower level parking
Impact from asbestos removal
Report of Natalie Moore, Assessment Officer Page 32
Re: 48 Upper Pitt Street, Kirribilli
Conditions of consent were imposed on the original development consent to manage the removal
and disposal of asbestos at the site.
Design of balconies and impact upon the buildings appearance
The balconies, including the partially glazed balustrades and Alucobond exterior, have been
designed to complement the previously approved façade upgrade and adjoining developments
which are contemporary in nature (refer to Figure 20 below).
Figure 20 – Façade re-cladding as approved under the original application, and as
proposed under the subject application with the balconies
Financial burden of balcony project
The financial implications of the project are not a planning consideration under Section 79C of
the Environmental Planning & Assessment Act 1979. The costs of the project are a private
matter between the owners within the building and the Body Corporate.
SITE SUITABILITY
The application is considered to be appropriate for the subject site for the reasons discussed
throughout this report.
PUBLIC INTEREST
The proposal is not considered to unreasonably impact on the amenity of surrounding properties,
residents within the subject building or the neighbourhood and is therefore considered to be in the
public interest.
CONCLUSION
The proposal involves modification under Section 96(2) of the Act to Development Consent
216/14 for alterations and additions to an existing eight storey apartment building including new
cladding to the façade, new windows, demolition of existing roof top chimneys, installation of
roof top air conditioning plants and fire safety upgrade works at 48 Upper Pitt Street, Kirribilli.
Report of Natalie Moore, Assessment Officer Page 33
Re: 48 Upper Pitt Street, Kirribilli
The proposed modification includes:
1. Installation of balconies on the western and southern facades of the building over Levels 1
- 8
2. Relocating the pump room and hydrant booster
3. Raising the existing parapet by 100mm
4. Blocking the existing fire stair windows and adding vents
The proposed modifications are substantially the same as the development originally approved by
Council. The proposed amendments are considered to be in keeping with the surrounding area
and do not present any additional material adverse impact to adjoining properties or units within
the subject building, as discussed throughout this report.
Accordingly, the application is recommended for approval subject to amended conditions of
consent.
RECOMMENDATION
PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT
ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the General
Manager as the consent authority, modify Development Consent No. 216/14 dated 10 September
2014 in respect of a proposal for alterations and additions to an existing eight storey apartment
building including new cladding to the façade, new windows, demolition of existing roof top
chimneys, installation of roof top air conditioning plants and fire safety upgrade works on land
described at 48 Upper Pitt Street, Kirribilli, under the provisions of Section 96(2) of the
Environmental Planning and Assessment Act only insofar as will provide for the following:
1. To modify Condition A1 to read as follows:
Development in Accordance with Plans/documentation
A1. The development application must be carried out in accordance with plans
identified in Condition A1 of the consent and endorsed with Council’s approval
stamp, except as modified by the modifications shown in colour on:
Plan No. Issue Title Drawn by Received
S.96.01A A Site Plan Marston Architects 18.09.15
S96.02A A Ground Floor Plan Marston Architects 18.09.15
S.96.03A A Typical Level Plan Marston Architects 18.09.15
S96.04A A Elevation – North,
Section
Marston Architects 18.09.15
S96.05A A Elevation - East Marston Architects 18.09.15
S96.06A A Elevation - South Marston Architects 18.09.15
S96.07A A Elevation - West Marston Architects 18.09.15
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
Report of Natalie Moore, Assessment Officer Page 34
Re: 48 Upper Pitt Street, Kirribilli
2. To amend Condition C12 to read as follows:
BASIX Certificate
C18. 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 the following BASIX Certificates are fulfilled.
Unit/Lot No. BASIX Certificate No.
48 A191494_02
49 A192317_02
50 A192395_02
51 A192363_02
52 A192403_02
53 A192384_02
54 A192356_02
55 A192391_02
56 A192364_02
57 A192404_02
58 A192372_02
59 A192385_02
60 A192357_02
61 A192396_02
62 A192365_02
63 A192406_02
64 A192373_02
65 A192386_02
66 A192358_02
67 A192397_02
68 A192366_02
69 A192407_02
70 A192374_02
71 A192387_02
72 A192359_02
73 A192398_02
74 A192367_02
75 A192408_02
76 A192375_02
77 A192388_02
78 A192360_02
79 A192399_02
80 A192368_02
81 A192409_02
82 A192376_02
83 A192389_02
84 A192361_02
85 A192400_02
86 A192369_02
Report of Natalie Moore, Assessment Officer Page 35
Re: 48 Upper Pitt Street, Kirribilli
87 A192410_02
88 A192377_02
89 A192390_02
90 A192362_02
91 A192402_02
92 A192370_02
93 A192411_02
94 A192382_02
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)
3. The insert Condition C13 to read as follows:
Glazed Balustrading
C13. The glazed balustrading on all balconies shall be clear glazed and not coloured,
frosted or opaque.
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 that clear glazing is installed on the proposed balcony
balustrades)
4. To insert Condition I3 to read as follows:
Balconies to be Common Property
I3. All balconies approved as part of this application shall remain common property
within the strata plan.
(Reason: To clarify balcony ownership)
Report of Natalie Moore, Assessment Officer Page 36
Re: 48 Upper Pitt Street, Kirribilli
NATALIE MOORE LUKE DONOVAN
ASSESSMENT OFFICER A/TEAM LEADER (ASSESSMENTS)
STEPHEN BEATTIE
MANAGER DEVELOPMENT SERVICES
30
10
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25
North Sydney CouncilCopyright:
Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based on information contained in this map without first checking details held by the responsible Government authority.
Further details can be obtained by calling (02) 9936 8100 or e-mail [email protected].
ATTACHMENT TO IPP10 - 01/06/2016 Page 37
For privacy reasons, the architectural plans have been removed
from this document prior to publishing on the web. The plans
attached to the hard copy report may be viewed at Stanton Library
during opening hours or at the Customer Service Centre in Council
Chambers between 9.00am and 4.00pm Monday to Friday.