north sydney council · 01/07/2015 page no 5 . this development application seeks council’s...

NORTH SYDNEY COUNCIL

Council Chambers 25 June 2015

I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the Council Chambers, North Sydney at 4pm on Wednesday 1 July 2015 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. WARWICK WINN GENERAL MANAGER

BUSINESS 1. Minutes

Confirmation of Minutes of the previous Meeting held on 3 June 2015. (Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

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North Sydney Independent Planning Panel – 01/07/2015 Page No 2

2. IPP01: North Sydney Public Art Trail (Various addresses in the Victoria

Ward) - DA 96/15 Applicant: North Sydney Council Report of Pierre A Le Bas, Consultant Town Planner & Lawyer, & Hayley Marks, Assistant Town Planner; Turnbull Planning International Pty Limited, 17 June 2015 The applicant is seeking development consent for the siting of artworks comprising part of the North Sydney Public Art Trail (NSPAT). Twenty (20) sites are proposed, throughout the North Sydney Municipality, for the NSPAT. Twelve (12) of these sites are locations of existing art work and eight (8) are proposed new art works. In September 2014 Council resolved to proceed with the development of a North Sydney Public Art Trail. The art trail is intended to provide the public with an art experience by way of a approximately 1 ½ hour walk with opportunities for refreshments and rest along the way. Public art is seen as a place making tool in an urban environment, through civic planning and development processes. Development Application No. 96/15 is reported to NSIPP because North Sydney Council is both the applicant and the owner of some of the land nominated for the art trail. Council’s notification of the proposal has attracted three (3) submissions raising particular concerns about: - Art should be swapped with new work over time- not ‘set and forget’; - ‘App’ to allow users to make suggestions about the trail/ improvements/ comments; - Opportunities for growth; - Increase access/viewing by way of night lighting; - Can the art trail be truly pedestrian friendly? The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements and under S79C EPA&A. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: 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, as the consent authority, grant consent to Development Application No. 96/2015 except in respect of proposed development at site No. 16 (former 1st methodist church) subject to the attached conditions.


3. IPP02: 138 Walker Street North Sydney (V) - DA 89/15

Applicant: Richard Turner Report of Geoff Mossemenear, Executive Planner, 15 June 2015 This development application seeks Council’s approval to use Suite A and part Suite B as a medical imaging/radiology practice. The application is referred to NSIPP due to the public interest in the application. Council’s notification of the proposal has attracted 17 submissions including a petition with 26 signatures raising particular concerns about amenity, health, safety, radiation risk, noise, traffic and owner’s consent. Further information was sought from the applicant to respond to the concerns of nearby residents and owners. The additional information was submitted on 10 June 2015. Further notification was not required. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: 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, as the consent authority, grant consent to Development Application No. 89/15 subject to the attached conditions.

4. IPP03 133 Carabella Street, Kirribilli (V) – DA 275/13/3

Applicant: Boston Blyth Fleming Report of Luke Donovan, Senior Assessment Officer, 22 June 2015 This Section 96 application seeks NSIPP approval for a modification to condition C4 for DA275/13 to no longer require the Hotel Duty Manager to be on-site from 3pm to 10pm, seven days a week but be available by telephone only 24 hours a day, 7 days a week. The application is reported to North Sydney Independent Planning Panel for determination as it seeks the modification to a condition imposed by the Panel in response to community concerns. On 13 November 2013, NSIPP granted approval to DA275/13 for alterations and additions to an existing private hotel subject to conditions of consent, including Condition C4 which required an operational plan of management (OPM). The OPM required the Hotel Duty Manager to be available 24 hours a day, 7 days per week, however not specifically required to be on-site. On 3 September 2014, NSIPP granted approval to modify DA275/13 for various modifications to conditions of consent and minor amendments to the front of the private hotel. Condition C4 was further amended requiring the Hotel Duty Manager to be on site from 3pm to 10pm, and available 24 hours a day, 7 days a week to deal with matters arising from the operation of the private hotel.


Council’s notification of the subject S96 application attracted four (4) submissions raising concerns about the likely adverse amenity impacts in the absence of an on-site Hotel Duty Manager. The hotel has recently upgraded security with CCTV cameras in key locations including the rear outdoor area. Consequently, it is recommended that a condition of consent be imposed allowing a trial period whereby the Hotel Duty Manager will be available by telephone 24 hours a day, 7 days a week to manage the on-going operation of the private hotel on a 9 month trial period from the date of the Occupation Certificate. Prior to the expiration of this date, a Section 96 application would be required to be lodged with Council to formalise this management arrangement. The Section 96(1A) application is therefore considered to be reasonable in the circumstances and it is recommended for part approval subject to an additional condition of consent requiring a trial period. Recommending: THAT the North Sydney Independent Planning Panel as the consent authority, under the delegation of the General Manager, grant consent to modify DA275/13/3 subject to the following additional condition of consent: No change to Condition C4

Availability of hotel duty manager The following Condition is added:

I4. Notwithstanding Condition C4, the hotel duty manager must be available by telephone 24 hours a day, 7 days a week to address any concerns of neighbours for a 9 month trial period from the date of the first Occupation Certificate, being an interim or otherwise. Council must be informed in writing of the date of commencing the trial period. The name and contact number of the Hotel Duty Manager must be displayed at the front of the hotel and made available to neighbours during this trial period. In order for the above trial hours of operation to be confirmed as ongoing, a modification application must be lodged with Council a minimum of 60 days prior to the expiration of the trial period. The assessment of the application to continue the use in accordance with the trial, will consider amongst other things, the impact of the use on surrounding areas the performance of the operation in relation to compliance with development consent conditions. In the event that no modification application is lodged, or an application is not approved, the hotel duty manager must be available in accordance with Condition C4, dot point 2. Note: Any person acting on this consent is advised that any modification application to the trial hours of the hotel duty manager should be submitted to Council a minimum of sixty (60) days prior to the expiration of the trial period otherwise the trial period must lapse. (Reason: To ensure safety and security and protect the amenity of surrounding areas)

5. IPP04: 51 Victoria Street, McMahons Point (V) - DA 74/15 Applicant: Warick Delprado Report of Adonna See, Graduate Assessment Officer, 15 June 2015


This development application seeks Council’s approval for alterations and additions to an existing terrace dwelling including new rear skillion dormer to attic, new awning to first floor terrace, replacement of steel balustrade to attic terrace, new privacy screens to ground and first floor terraces, and internal works. The application is reported to North Sydney Independent Planning Panel for determination because the variation sought to the building height development standard is greater than 10% requiring determination by the NSIPP in accordance with the directions from the NSW Department of Planning. The owners of adjoining properties and the Hayberry Precinct were notified of the proposed development on 10 April 2015. Council’s notification of the proposal and subsequent renotification of amended plans has attracted two submissions raising particular concerns about heritage, privacy, and overshadowing. Council’s Conservation Planner raised concerns in relation to the originally proposed front dormer, the proposed side glazing to the rear dormer, the proposed glass balustrade to the attic-level terrace, and the proposed materials to the terrace privacy screens. Additionally, concerns were raised in relation to the bulk and scale of the proposed first floor terrace enclosure. In response, amended plans were submitted that have adequately addressed these concerns. The assessment has considered the performance of the revised application against Council’s planning requirements under NSLEP 2013 and NSDCP 2013. Further, the revised application was reviewed by Council’s Conservation Planner who has responded in support of the proposal, subject to conditions. The written submission provided addressing the requested variation to the height of building control is considered to be well founded and the proposed height variation considered to be acceptable. The development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: 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, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for height, and grant consent to Development Application No. 74/15 for alteration and additions to the existing terrace dwelling at No. 51 Victoria Street, McMahons Point, subject to the attached conditions. Retractable Awnings C1. The retractable awnings to the south elevation must comply with the following: (i) Deletion of retractable awning to the attic terrace; (ii) Ground floor terrace maximum awning extension of 1.5m; Details demonstrating compliance with the above must be submitted to the Certifying Authority with Construction Certificate Application. (Reason: To minimise the bulk and visual impact to the streetscape)


6. IPP05: 45-47 Bank Street, North Sydney (W) - DA 110/15

Applicant Martin Squires c/o Palfreeman Sweeney Report of Lara Huckstepp, Executive Planner, 16 June 2015 The development application seeks approval from the North Sydney Independent Planning Panel for the construction of a double garage within the front setback and a landscaped terrace above serving an existing duplex development. The application is referred to NSIPP for determination due to the substantial non-compliance with site coverage. Notification of the proposal has attracted one submission from the Precinct which raised issues regarding the loss of the street trees. The assessment has considered these concerns as well as the performance of the application against Council’s Planning requirements. Following this assessment, the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: 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, grant consent to Development Application No. 110/15 for the construction of a double garage and landscaped roof to a existing duplex at No.45-47 Bank Street, North Sydney subject to the attached conditions.

7. IPP06: 7 Whatmore Street, Waverton (W) - DA 85/2015

Applicant: On Site Planning and Design Report of Kim Rothe, Senior Assessment Officer, 22 June 2015 The subject development application seeks approval for the alterations and additions to dwelling including new extended top floor balcony and other additions at rear and front fence The proposal requires reporting to NSIPP for determination due to the public submission received and concerns raised regarding view loss to iconic features. Council’s first notification of the proposal attracted one (1) submission raising particular concerns about privacy and view loss concerns associated with the application. The applicant submitted amended plans and additional information on view loss and privacy on 25 May 2015 in response to Council’s issues raised. The amended plans (due to the information clarifying impacts to neighbouring properties and amended roof form over the balcony) was re notified to the adjoining neighbour only who provided a further two (2) submissions raising concerns to view loss and privacy. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The bulk and scale of the proposal is generally consistent with the intended future character envisaged in Council’s controls and existing surrounding buildings.


The new works comply with the 8.5 m maximum height standard, and complies with the side and rear setbacks and site coverage controls. The development as amended minimises unacceptable privacy or overshadowing impacts. Analysis of the concerns raised in the submissions regarding view loss have been determined to be reasonable an appropriate conditions recommended. Given the substantial compliance of the overall development the proposal is supported and is recommended for approval subject to conditions. Recommending: 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, grant consent to Development Application No. 85/2015 for alterations and additions to an existing semi-detached dwelling on land at 7 Whatmore Street, Waverton subject to the attached standard conditions and following site specific conditions:- Uppermost Balcony Roof Over Reduction C1.The roof over the uppermost balcony is to be a maximum length of 1.835 metres extending from the south western (rear) wall of the existing dwelling. 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 views are maintained to adjoining property located at 9 Whatmore Street, Waverton) Privacy C2.The following privacy devices are to be provided: a)The north western and south east elevations of the uppermost balcony up to a maximum height sufficient to comply with the minimum requirements of Building Code of Australia for Balustrades above the finished floor level of the balcony is to be made of opaque glass or filmed with opaque materials. b)A privacy screen with vertical aligned louvers orientated north to be provided on the north western side of the balcony extending a maximum 600 mm from the south western (rear) elevation of the building. The privacy screen is be full height from the finished floor level of the balcony and extend to the underside of the roof over the balcony. 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 an adequate level of privacy is provided to adjoining properties located at 9 and 5 Whatmore Street, Waverton) Glass Screen Removal C3.The full height glass screens on the north west and south east sides of the uppermost balcony are to be deleted from the plans in lieu of the opaque glass balustrades being provided on both sides of balcony pursuant to the requirements of Condition C2. 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 views are maintained to adjoining property located at 9 Whatmore Street, Waverton)

8. IPP07: 115 Holtermann Street, Crows Nest (W) - DA 35/2015

Applicant: Virginia Kerridge Architect Report of Kim Rothe, Senior Assessment Officer, 22 June 2015 The subject development application seeks approval for the part demolition of the rear of the existing single storey dwelling and outbuilding and the construction of a new two storey addition at the rear of the dwelling and new detached outbuilding. The proposal is referred to NSIPP for determination due to the number of public submissions received and due to the variation sought to NSLEP 2013 Building Height controls. Council’s first notification of the proposal attracted one (1) submission and comment from the Holtermann Precinct Committee raising particular concerns about privacy, bulk and scale, loss of light, ventilation and impacts to the Conservation Area concerns associated with the application. The applicant submitted amended plans and additional information on solar access and privacy on 28 April 2015 in response to issues raised by Council. The amended plans was re-notified and attracted a further three (3) submissions raising concerns to privacy, cross viewing, overshadowing, bulk and scale and impact to the conservation area. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The bulk and scale of the proposal is generally consistent with the intended future character envisaged in Council’s controls and existing surrounding buildings. The building is largely contained below the 5.5 m height limit, and complies with the site coverage, setbacks and landscape area controls. The development will not result in any unacceptable privacy or overshadowing impacts. All other issues identified in the report or raised in the submissions have been found to be either acceptable or able to be managed via the imposition of conditions of development consent. Given the substantial compliance of the overall development the proposal is considered worthy of support in the circumstances and is recommended for approval subject to conditions. Recommending: 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, assume the concurrence of the Director General to the provisions of Clause 4.3 of North Sydney Local Environmental Plan 2013, and grant consent to Development Application No. 35/2015 for alterations and additions to an existing semi-detached dwelling on land at 115 Holtermann Street, Crows Nest subject to the attached standard conditions and following site specific conditions:-


Reduced Floor Level to Side External Deck and Reduced Fence Height C1.The external side deck on the eastern side of the dwelling is to be lowered to have a maximum height above existing ground level of 200 mm. The new timber fence separating the courtyards must not exceed 2.00 metres above ground level at any point. 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 new deck and fence maintains ventilation to the existing courtyard at 119 Holtermann Street, Crows Nest) Timber Framed Windows and Doors C2.All new windows and external doors are to be timber frames with a paint finish in a light, neutral colour. No approval is given for metal framed windows and doors, or a stained or oiled finish. 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 use of materials and colour consistent with the conservation area) External Timber Cladding C3.All new timber cladding is to be a natural timber weatherboard or 16mm composite weatherboard with simple traditional profile and deep shadow lines, with pain finish in a light, neutral colour. No approval is given for fibre cement weatherboards or a stain or oil finish, or dark paint colour. 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 use of materials and colour consistent with the conservation area)

9. IPP08: 91 Bellevue Street, Cammeray (T) - DA 9/15 Applicant: BJP Architects P/L Report of Robin Tse, Senior Assessment Officer, 24 June 2015 This development application seeks NSIPP approval for alterations and additions to an existing detached dwelling including a two storey rear addition, a single garage to Bellevue Street and a swimming pool at the rear of the subject site. The application is reported to North Sydney Independent Planning Panel for determination following the submission of amended plans as required by the Panel’s resolution dated 6 May 2015. The applicant has amended the proposal to provide a single garage on Bellevue Street frontage, further changes have also been made on the design of


the boundary fencing as well as the ground levels between the proposed swimming pool and the property boundaries towards the south-eastern corner of the subject site. The amended proposal has been notified with no submissions received. The applicant has also provided additional information about materials and finishes for the original dwelling and the new rear addition. Council’s Conservation Planner considers that the amended proposal to be unsatisfactory on heritage grounds with the partial demolition of the primary building facade to Bellevue Street and the high visibility of the proposed rear addition from the public domain. However, the proposed amendments have generally addressed the requirements of NSIPP. In addition, appropriate conditions have been recommended to address the outstanding heritage and engineering matters also, to minimise impacts of the proposed development within the conservation area. Accordingly the proposed development is recommended for approval with conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT North Sydney Independent Planning Panel, as the consent authority, and grant consent to Development Application No.9/15 for alterations and additions to an existing detached dwelling including a two storey rear addition, a single garage to Bellevue Street and a swimming pool on land at 91 Bellevue Street, Cammeray subject to the attached conditions including the following site specific conditions:- Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Date Drawn by Received

BJP/M/A2 November 2014 BJP Architects 19 May 2015 BJP/M/A3 November 2014 BJP Architects 19 May 2015 BJP/M/A4 November 2014 BJP Architects 19 May 2015 BJP/M/A5 November 2014 BJP Architects 19 May 2015 BJP/M/A6 November 2014 BJP Architects 19 May 2015 BJP/M/A7 November 2014 BJP Architects 19 May 2015 BJP/M/A8 November 2014 BJP Architects 19 May 2015 BJP/M/A9 November 2014 BJP Architects 27 May 2015 BJP/M/A10 November 2014 BJP Architects 19 May 2015 BJP/M/A12 November 2014 BJP Architects 19 May 2015 BJP/M/A12a November 2014 BJP Architects 27 May 2015 BJP/M/A17 February 2015 BJP Architects 19 May 2015 DA-L01B 1.6.15 Trish Dobson

Landscape Architect 9 June 2015

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information) Heritage C1. The following must be applied to the proposed development to minimise the impact on the significance of Cammeray Conservation Area:


(a) Garage Door - The garage door must be panel lift and coloured in a dark recessive tone to minimise the visual impact of the garage. (b) Face Bricks – Face bricks on the original dwelling must remain unpainted to retain the original integrity of the materials. (c) Dwelling Entrance Door to Bellevue Street - The existing entrance doorway and window set to Bellevue Street must be retained to allow the interpretation of the original dwelling entrance. The existing uncharacteristic door may be substituted with a tradition Federation style door. The internal side of the door may be covered by panel. (d) First Floor Rear Balcony – The proposed cantilevered first floor balcony on the eastern elevation of the rear addition must be reduced in depth to 750 mm to a Juliette balcony with vertical timber palisade-style balustrade to ameliorate the visual impact of the uncharacteristic cantilevered balcony. (e) First Floor Balustrades on Southern Elevation – The balustrades to bedrooms 4 and 5 on the first floor southern elevation of the rear addition must provide a solid timber top rail to provide details to the façade. (f) Privacy Screens – Privacy screens to the first floor rear balcony on the eastern elevation must utilise vertical timber battens to be consistent with the use of characteristic palette of materials in the conservation area. (g) Bi-fold Screens on Southern Elevation – The materials for the bi-fold screens on the southern elevation must be timber to be consistent with the use of characteristic palette of materials in the conservation area. (h) Roof Materials - New copper roofing must be pre-patinated to minimise reflectivity and glare from the copper. (i) Pool Safety Fences – Pool safety fences, where required, must be located in excess of 1m away from the Lumsden Street property boundary to ensure that the glazed pool fences are not visible from the public domain. (j) Boundary Fences - The height of the proposed boundary fence to Lumsden Street must not exceed 1.2m from the Bellevue Street corner to the new entrance gate. The height of boundary fence to Bellevue Street must not exceed 800mm from the footpath level. The height limits for boundary fencing are required to retain a low front fence which is characteristic to the Conservation Area. The Certifying Authority must ensure that the 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 heritage and conservation within the Cammeray Conservation area) Modifications to Council’s Refuge Island C14. The applicant must undertake modifications to the existing concrete refuge island including an extension of the concrete median strip to the south by up to 7m from the existing northern refuge island. The design of the works associated with the concrete median extension must be approved by Council's Engineering and Property Services Division and the construction of such work be paid for by the applicant. The Certifying Authority must ensure that the 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 the implementation of modification works to Council’s Refuge Island)


10. IPP09: 4 Echo Street, Cammeray (T) - DA 33/15 Applicant: Synthesis Studio Report of Natalie Moore, Assessment Officer, 19 June 2015 This development application seeks approval for alterations and additions to an existing dwelling at No. 4 Echo Street, Cammeray to create a dual occupancy. The application has been referred to the North Sydney Independent Planning Panel due to the nature and number of submissions received in response to the notification of the application. The notification of the application attracted seven (7) submissions. These submissions raised concerns regarding the suitability of the site for a dual occupancy, the impacts of the proposed use on traffic generation and on-street parking and the bulk and scale of the proposed attic addition and it impacts upon the contributory heritage status of the dwelling and Conservation Area. The notification of the amended application attracted three (3) submissions from previous submitters, reiterating the concerns raised in the initial submissions, and further concerns about the amended roof design. Dual occupancies are a permissible form of the development in the R2 Low Density Residential zone, and the proposal is considered to satisfy the minimum requirements to facilitate this use on the site. Council’s Conservation Planner considers that the character of the Conservation Area will not be adversely impacted by the proposal, and the dwelling will retain is primary form, front facade and Federation style. The modifications to the dwelling will not significantly alter appearance of the building from the street, and will continue to maintain a single dwelling appearance, consistent with the surrounding streetscape. The variation to the building height development standard generated by the proposed gablet on the street elevation will have no adverse impact on the bulk and scale of the subject building and this element of the proposal will not have any detrimental impacts on the amenity of the adjoining properties in terms of privacy, solar access or views. The Clause 4.6 Variation submitted in support of this breach is considered to be well-founded and the strict imposition of the above development standard is considered to be unnecessary and unreasonable in the circumstances. Following assessment of the application, the proposed development and variation to the building height development standard is considered to be reasonable and justifiable in the circumstances, and the application is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height, and grant consent to Development Application No. 33/15 for alterations and additions to create a dual occupancy at No. 4 Echo Street, Cammeray, subject to the attached conditions:-


11. IPP10: 23 Benelong Road, Cremorne (T) - DA 54/15

Applicant: Alexandra Luffman Report of Natalie Moore, Assessment Officer, 17 June 2015 This development application seeks approval for alterations and additions to an existing free standing dwelling at No. 23 Benelong Road, Cremorne including a first floor addition and an elevated rear deck. The application has been referred to the North Sydney Independent Planning Panel due to public interest, and to enable a determination of the application in a timely manner. Notification of the application attracted two (2) submissions from the adjoining neighbour raising concern about the amenity impacts (privacy, noise and overshadowing) from the proposed development, in particular the elevated rear deck off the first floor. The development application has been assessed against the North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013 and generally found to be satisfactory. Whilst the proposal does not maintain compliance with Council’s side setback controls, this minor non-compliance will not result in material impacts to adjoining properties, and the overall built form of the dwelling will remain consistent with the streetscape character along Benelong Road, noting that it is already substantially varied. The applicant has proposed suitable privacy screens and screen planting along the south-western side of the elevated rear deck to provide both visual and acoustic privacy to the adjoining neighbour at No. 21 Benelong Road. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be satisfactory and the application is recommended for approval subject to conditions. Recommending: 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, grant consent to Development Application No. 54/15 for alterations and additions to the existing dwelling house at No. 23 Benelong Road Cremorne, subject to the attached standard conditions and the following site specific condition: Surrender of Consent C1. Prior to issue of any Construction Certification, DA204/14 is to be surrendered in writing and written acknowledgement received from Council confirming surrender of the consent is to be obtained by the applicant. (Reason:To ensure no concurrent valid development consents exist over 23 Benelong Road, Cremorne) Front Fence C2. The timber pickets above the masonry front boundary wall must have a minimum of 50% transparency. (Reason: To maximise casual surveillance of the street)

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

This is Page No 1 of the Minutes of the North Sydney Independent Planning Panel Meeting held on Wednesday 3 June 2015.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON WEDNESDAY

3 JUNE 2015, AT 4.00PM

PRESENT Chair: Jan Murrell in the Chair. Panel Members: Virginia Waller, Member Ian Pickles, Member Staff: Stephen Beattie - Manager Development Services Geoff Mossemenear - Executive Assessment Planner David Hoy - Team Leader Assessments Luke Donovan - Acting Team Leader Assessments Peita Rose - Corporate Administration Support Officer (Minutes) Apologies: Michael Harrison - Panel member was absent due to illness. The required quorum of 3 panel members was present. 1. Minutes of Previous Meeting The Minutes of the NSIPP Meeting of 6 May 2015 were confirmed following that meeting. 2. Declarations of Interest

Virginia Waller declared a non pecuniary and non significant interest in Item 3.

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 03/06/2015 Page No 2


3. Business Items

ITEM 1

DA No: 283/14/2

ADDRESS: 99 Walker Street, North Sydney

PROPOSAL: To modify a consent DA283/14 for alterations and additions to existing retail, food and drink, and commercial premises, and extend podium levels to accommodate a supermarket (to trade 24 hours, 7 days), additional retail including liquor store, reconfigured loading and parking areas, exterior works and associated signage, to delete condition C25 in relation to motorcycle parking and to modify condition I20 to allow for modified shopfront treatment

REPORT BY NAME: Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP REFERRAL:

Relates to condition imposed by NSIPP and interpretation

APPLICANT: Investa IOF Custodian Pty Ltd Public submissions Tom Goode - Planner JBA Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following changes: Shopfronts to be kept clear I20. Any areas of shopfront glazing to the supermarket and liquor store, whether clear or treated

with opaque film or tinting, must not be obscured by any of the following:

(a) signage, other than approved complying or exempt signs; (b) advertising displays, posters, painted signs, or decals that are fixed internally or externally

to the shopfront; (c) deleted (d) video screens or the like (e) deleted (f) blinds, curtains or the like.

A separate DA is to be lodged for any such signs or devices except for exempt and complying development. Supermarket Shopfronts I21. The following areas of clear unobstructed glazing must be maintained at all times:

(a) The Walker Street and Mount Street shopfronts of the supermarket for the full height of the

glazed shopfront at the north western corner of the building except for the Mount Street frontage 5m from the Walker Street glassline



Liquor Store Shopfront I22. The Walker Street elevation shopfront of the liquor store shall have tinted glazing in neutral

grey tone to match the glazing of the commercial building and providing no less than 35% visible light transmissions. Such treatment is to be non reflective externally and shall be maintained.

(Panel Reason: To minimise visual clutter and maximise streetscape activation while

providing a reasonable level of internal functionality)

Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X

ITEM 2

DA No: 24/15

ADDRESS: 55 Lavender Street, Milsons Point

PROPOSAL: Remove two existing illuminated roof building identification signs and install two new dynamic illuminated building identification sign panels to display alternating names “SHARP” and “PHILIPS” every 28 days (4 weeks) from 6am to 11pm daily

REPORT BY NAME: Susanna Cheng, Senior Assessment Officer


Called up by Councillors (TBC)

APPLICANT: First Neon (Lavender Street) Pty Ltd Public submissions Peter White - Applicant Belinda Barnett - Applicant Dr Nicholas Brunton - Applicant Business Item Recommendations The Panel refuse the development application for the following reasons: 1. Inappropriate development for the changing character of the area

The renewal and increased size of illumination of the signage is not compatible with and not related to the predominantly residential use of the site and the Milsons Point Town Centre.

2. Development is inconsistent with the emerging desired future character of the area

The proposed signage at the top of the building is prominent, and is not consistent with the existing or desired future character of the Milsons Point Town Centre which is characterised by an absence of rooftop signage.



3. Adverse impacts on the broader area and skyline vistas

The scale and form of the proposed signage is inappropriate to the skyline vistas to Milsons Point Town Centre, North Sydney and Lavender Bay. The large and illuminated signs in isolation and on the periphery of Milsons Point, and including large solid areas of illuminated white and blue background colours, will dominate, detract from and be incongruous with an emerging high quality residential tower skyline in Milsons Point. The location of the sign outside of the commercial core will detract from the North Sydney CBD skyline, and erode the overall quality of the area and skyline vistas.

4. Public interest

Approval of the development would undermine current planning policies to have regard to the changing context of the area, and would not be in the public interest, as provided for in section 79C(1) of Environmental Planning and Assessment Act 1979.

Panel Notes: The Panel notes the existing approval for the signage was a time limited consent at

the time the strata title was approved and it expires in the year 2020. Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X

Virginia Waller X

ITEM 3

DA No: 454/14

ADDRESS: 1 John Street, McMahons Point

PROPOSAL: Alterations and Additions to Existing Dwelling

REPORT BY NAME: Jonathan Archibald, Assessment Officer


Public Interest

APPLICANT: Katherine Davies Public submissions Barbara Hutchinson - Submittor Kathy Davies - Owner John Harvey - Owner Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to clarification of the privacy louvres.



Privacy C19. The following privacy devices are to be provided and maintained in place at all times:

a) Horizontal Fixed Timber Louvres comprising 100mm blades spaced at 100mm and at an angle of 55 degrees, are to be provided to the rear gable addition as indicated on the approved northern elevation referenced within Condition A1 of this consent.

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.

(Panel Reason: To ensure privacy is maintained to the rear property and natural light is

provided to the subject property) Compliance with Certain conditions G8. Prior to the issue of any Occupation Certificate, Condition C19 of this Consent 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)

(Panel Reason: The Panel noted that the proposed development is acceptable having regard

for its compliance with the relevant controls, adequate building separation, rear setback, privacy measures and satisfies view sharing principles)

Voting was as follows: Unanimous


Virginia Waller X

ITEM 4

DA No: 49/15

ADDRESS: 50 Bank Street, North Sydney

PROPOSAL: Alterations and additions to a residential dwelling

REPORT BY NAME: Jason Lambropoulos, Assessment Officer


Greater than 10% Variation to NSLEP Height Control

APPLICANT: C/- Haviland Architects Owen Haviland

Public submissions Owen Haviland - Architect



Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous


Virginia Waller X

ITEM 5

DA No: 90/15

ADDRESS: 1-7 Rangers Road (aka 50 Yeo Street), Neutral Bay

PROPOSAL: Erection of Business Identification Signage on an existing commercial building

REPORT BY NAME: Jason Lambropoulos, Assessment Officer


Greater than 10% Variation to NSLEP Height Control

APPLICANT: BlackWall Property Funds Public submissions No persons elected to speak at this meeting. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to deletion of Condition I1 and inclusion of the following conditions: Signage Illumination G4. The certifying authority must be satisfied that the signage illumination complies with the

provision of Australian Standard AS 4282 Obtrusive effects of outdoor lighting prior to the issue of the Occupation Certificate.

(Panel Reason: To ensure illumination does not adversely impact on the amenity of the

adjoining area) Hours of Illumination I1. All illuminated signs approved by this consent must cease illumination between the hours of

11 pm and 6am.

(Reason: To ensure appropriate forms of signage that are consistent with Council’s controls and those that are desired for the locality, and do not interfere with amenity of nearby properties)



Signage Illumination Intensity I2. The sign(s) must be installed and used at all times in accordance with AS 4282-1997 control

of obtrusive effects of outdoor lighting and must be restricted in accordance with the following:

(a) At no time is the intensity, period of intermittency and hours of illumination of the

sign to cause objectionable glare or injury to the amenity of the neighbourhood. (b) The level of illumination and/or lighting intensity used to illuminate the signage

must not cause excessive light spill or nuisance to any nearby residential premises. (c) The signage illumination must not flash.

(Panel Reason: To ensure appropriate forms of signage that are consistent with Council’s

controls and those that are desired for the locality, and do not interfere with amenity of nearby properties)



Virginia Waller X

ITEM 6

DA No: 73/15

ADDRESS: 17 McDougall Street, Kirribilli

PROPOSAL: Alterations and additions to the existing dwelling including a new dormer to roof.

REPORT BY NAME: Luke Donovan, Senior Assessment Officer


Variation to building height control is greater than 10%

APPLICANT: Eudaemonic Life Pty Ltd Public submissions No persons elected to speak at the meeting. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous


Virginia Waller X



ITEM 7

DA No: 11/15

ADDRESS: 33 McDougall Street, Kirribilli

PROPOSAL: Alterations and additions to an existing semi detached dwelling



This development application is referred to the North Sydney Independent Planning Panel for determination at the request of Councillors Baker and Reymond

APPLICANT: Janette Margaret Howlett Public submissions Gordon Howett - Owner Bernard Gomm - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to following amendments to conditions: Landscape Plan for Front Garden B1. Prior to the issue of any Construction certificate, a landscaping plan for the front garden area,

including the provision of a garbage bin storage enclosure, is to be lodged with Council for approval.

(Panel Reason: To improve the front yard area and to complement the development)

Heritage Requirements: C1. To maintain the contribution of the building to the significance of the conservation area, the

following restrictions are placed on the consent:

1. The verandah extension is to align with the verandah of the adjoining terrace at No. 31 McDougall Street.

2. The existing bullnose stone coping to the front verandah is to be carefully removed and reused for the edge of the widened verandah.

3. The stone flooring of the verandah is to be retained, and a row of stone inserted to match the existing stone flooring.

4. The balustrade to the verandah is to match the balustrade of the adjoining terrace at No. 31 McDougall Street, in terms of height, pattern and material.

5. The timber verandah posts are to match the verandah posts of the adjoining terrace at No. 31 McDougall Street.

6. The front boundary fence shall be constructed to match the fence of the adjoining dwelling, in terms of height, pattern and material.

7. The roof sheeting for the rear addition is to be either min 425mm wide pan sheeting, or standing or rolled seam sheeting.



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 maintain the heritage significance of the dwelling)



Virginia Waller X

ITEM 8

DA No: 378/13/2

ADDRESS: Shop 1, 1-3 Broughton Street, Kirribilli

PROPOSAL: To modify consent DA378/13 with respect to extending the hours of operation of the licensed restaurant



This Section 96 application is referred to the North Sydney Independent Planning Panel for determination at the request of Councillors Baker and Reymond

APPLICANT: Christopher Lane Public submissions Chris Lane - Owner Julia Laverty - Submitter Jonathan Laverty - Submitter Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the changes to Condition I21 as follows: Noise and Vibration Impact (Compliance) I21. Further acoustic testing of the operation must be undertaken in December 2015 and a report

from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, prepared to demonstrate that the use of the premises complies with the conditions of this consent. The testing must be carried out when the premises is operating at full capacity. A copy of the report must be submitted to Council within 14 days of its completion. If the use is found not to comply with the noise conditions, the use must cease immediately until appropriate measures to remedy the breach are implemented to the satisfaction of Council.



(Reason: To ensure compliance with acceptable noise levels to maintain the amenity of adjoining land uses)

(Panel Reason: The Panel considers the above decision has regard for the amenity of the area

and Council’s recently adopted Late Night Trading Hours DCP) Voting was as follows: Unanimous


Virginia Waller X The public meeting concluded at 6.00pm. The Panel Determination session commenced at 6.05pm. The Panel Determination session concluded at 8.20pm. Endorsed by Jan Murrell North Sydney Independent Planning Panel 4 June 2015

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