north sydney council · 2014-07-30 · north sydney independent planning panel - 06/08/14 page no 5...

NORTH SYDNEY COUNCIL

Council Chambers 31 July 2014

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 2pm on Wednesday 6 August 2014 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 Wednesday 2 July 2014. (Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

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North Sydney Independent Planning Panel - 06/08/14 Page No 2

2. IPP01: 26 Morton Street, Wollstonecraft (W) - DA 86/14

Applicant: Matthew Shanahan Report of Susanna Cheng, Senior Assessment Officer, 28 July 2014 This development application seeks approval for alterations and additions to a duplex and is reported to the North Sydney Independent Planning Panel for determination at the request of Councillors Baker and Clare. Further, the application seeks a variation to the building height limit of 8.5m by 3.1m (36.5%), and should the variation be supported, the application would require determination by the Panel. The building is a heritage item within the Morton Street Federation Houses Group which is characterised by traditional and intact roof forms. The proposal involves removal of the existing roof and construction of new roof additions above the main ridge line. The proposed additions are in a contemporary form, having glazed gable ends and would incorporate new wall cladding, window openings and skylights. The proposed additions would introduce highly uncharacteristic, prominent and detracting built form that will erode the heritage significance of the heritage item and compromise the uniformity and integrity of the heritage row and its contribution to the streetscape and character of the area. The development does not satisfy the objectives in the Local Environmental Plan relating to building height and heritage conservation, and is inconsistent with numerous provisions in the Development Control Plan in relation to form and massing, built form character, roof form. The request to vary Council’s building height control is not well-founded and is not supported as the proposed variation is considered to be unnecessary and unreasonable and would give rise to significant adverse impacts on the heritage significance of the site and setting by reason of the proposed breach. Furthermore, the cumulative impact of the proposed further and additional modification to the already significantly altered heritage item would be to diminish the significance of the property to such as an extent as to potentially warrant the de-listing of the property as a heritage item and erode the integrity of the subject heritage row. The proposal fails to satisfy the provisions of the LEP relating to dual occupancies on a heritage-listed property. In particular, the significant roof fabric and appearance of the building will not be conserved as a result of the roof additions. The applicant has been advised of these concerns but has chosen to have the application assessed in unchanged form. Council’s notification of the proposal has attracted one submission raising particular concerns about heritage and privacy. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The proposal does not satisfy the objectives of the building height control, zone and heritage controls, and would be inappropriate in its context and would have significant adverse impacts on the cultural heritage of North Sydney. The application is recommended for refusal.


Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority resolve to refuse Development Application No. 86/14 for alterations and additions to an attic on land at 26 Morton Street, Wollstonecraft, for the following reasons: 1. Heritage conservation The proposal does not satisfy the heritage conservation provisions in the North Sydney Local Environmental Plan 2013 and Development Control Plan 2013. Particulars(a) The proposal is inconsistent with the objectives for heritage conservation in clause 5.10 of the LEP as the development fails to conserve the environmental heritage of North Sydney by significantly degrading the significance of a heritage item and associated setting within a heritage row.

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(b) The proposal does not satisfy the following provisions contained in the North Sydney Development Control Plan 2013: (i) Section 13.5.1 (Protecting Heritage Significance in that the development is not based on or reflect an understanding of the heritage significance of the heritage item, resulting in an unsympathetic addition in regard to bulk, form, style, character and scale, in a highly visible location and that detrimentally affects the heritage significance of the item with a low degree of reversibility. (ii) Section 13.5.2 (Form, massing and scale) in that the development does not maintain and promote the original built form of the heritage item as viewed from the public domain and undermines the integrity and significance of the item. (iii) Section 13.5.3 (Additional Storeys) as the attic addition projects above the existing roof space and visually dominates the roof when viewed in the round and from the street. (iv) Section 13.5.4 (Roofs) as the raising of the roof ridge will disrupt the relationship between the ridge and other roof elements such that the original roof hierarchy will be disrupted. (v) Section 13.5.7 (Group Heritage Items) as the attic addition will adversely impact on the significance of the heritage row, by modifying the original roof form that is a characteristic and common feature of the group. (vi) Section 13.10.4 (Larger Scale single dwellings) as the development fails to maintain the scale, form and integrity of the original or main building by extending the existing roof line and adding to its height. 2. Aims and objectives The proposal is contrary to the aims of the North Sydney Local Environmental Plan 2013 and the zone objectives. Particulars(a) The proposal fails to satisfy the aims of the plan in clause 1.2(2) of the North Sydney Local Environmental Plan 2013 as the development is inappropriate in its context, not compatible with the appearance and character of the heritage row, and will adversely affect the built heritage of North Sydney.

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(b) The proposal is inconsistent with the objective for the R3 Medium Density Residential zone in clause 2.3 and Land Use Table of the North Sydney Local Environmental Plan 2013 as the development will have significant and adverse impacts on the cultural heritage of the area. 3. Building height The clause 4.6 exception to the clause 4.3 building height development standard is not well-founded. Particulars(a) The proposal is unsatisfactory with regard to the objectives of the building height control in clause 4.3(1) as the development does not step down to follow the natural fall of the land and the scale of the attic is inappropriate and highly detrimental to the character of the building and the area.

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(b) The proposal exceeds the maximum building height control prescribed in clause 4.3(2) and the variation sought under clause 4.6 is not well-founded as there are insufficient grounds to justify contravening the development standard, the objectives for development are not achieved, and the development will not achieve a better planning outcome. 4. Dual occupancy controls The development is inconsistent with the dual occupancy controls for development of heritage items in the North Sydney Local Environmental Plan 2013. Particulars(a) The development will significantly change the primary and highly visible elevations of the building and not conserve the appearance of the existing building, contrary to clause 6.6(2)(b)(ii) of the LEP.

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(b) The heritage-significant roof pitch, form and appearance will not be conserved, contrary to clause 6.6(2)(b)(iii) of the LEP. 5. Built form The development is inconsistent with the built form provisions in North Sydney Development Control Plan 2013. Particulars(a) Section B1.4.1 (Context) as the development fails to respond appropriate to the existing built form context, introducing a dominating feature to a heritage item and disrupting and detracting from the established rhythm and pattern of traditional roof design within a heritage row.

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(b) Section B1.4.7 (Form, massing & scale) as the attic addition will be substantially in breach of the maximum height control, and add to the height and bulk of the building which is already significantly larger than the characteristic buildings in the heritage row. (c) Section B1.4.8 (Built form character) as the attic addition does not reflect, reinforce or complement the character of the locality and consistent pattern of traditional roof forms within a heritage row. (d) Section B1.4.10 (Roofs) as the vertical projection, side walls and openings relate poorly to the existing and characteristic roof form.

3. IPP02: 26 Morton Street, Wollstonecraft (W) - DA 271/12/2

Applicant: Matthew Shanahan Report of Susanna Cheng, Senior Assessment Officer, 28 July 2014


This application under Section 96(2) of the Environmental Planning and Assessment Act 1979 seeks to modify Council’s consent for a double carport so as to create an excavated basement level containing a gym, bathroom and laundry, and associated landscape works. The development is considered to be substantially the same as the approved development as the structure will remain ancillary to a duplex within the site, and its aboveground envelope and streetscape and amenity impacts will be similar to that approved. The application is reported to the North Sydney Independent Planning Panel for determination as the original determination was made by full Council against officer’s recommendation to delete the carport and relates to DA86/14 also reported to the Panel. The property is a heritage item of local significance and is part of a row of five heritage items of similar form and character other than the carport approved under DA271/12 for the subject site. Approval was granted in 2007 for erection of a carport within the front setback of No.18 Morton Street. The dwelling group otherwise have open garden settings with low masonry or timber fencing. The proposed modifications to the carport are not supported by Council’s Conservation Planner on the grounds that they will result in an increased and serious detrimental impact of the structure on the heritage item and its group. The proposal is contrary to several of the objectives and provisions of DCP in terms of its location in the front, significant part of the dwelling and its group, its lack of ability to be reversed. The advice of the Conservation Planner has been given considerable weight; however, on balance and only in the particular circumstances of the case in which there is an existing and active Council approval for an uncharacteristic element within the front setback of the site, the proposed modification is nevertheless assessed to be satisfactory. The proposed changes to the approved carport will result in new work below the approved structure and have limited visibility from the street. The proposal would not present any significant additional impact to the integrity of the heritage row when compared to the approved structure. The proposed modifications therefore would not present any greater impact and would remain an ancillary outbuilding associated with the main building. Council’s notification of the proposal has attracted no submissions. Following this assessment the application to modify Council’s consent is considered to be reasonable in the circumstances and is recommended for approval. Recommending: A. THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 271/12/2, in respect to the erection of a double carport including removal of existing tree, construction of a new driveway crossover and new automated vehicular gates, and erection of rear deck off an existing loft including roof extension on land described as 26 Morton Street, Wollstonecraft, under the provisions of Section 96 of the Environmental Planning and Assessment Act only in so far as will provide for the following:


(1) To delete Condition (A1), of the consent and insert in lieu there of the following new condition namely: Development in Accordance with Plans (S96 Amendments) A1. The development must be carried out in accordance with the following drawings and documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent:

Plan No.

Issue

Title Drawn by Received

S96-01 D Site Plan Peter Dalton Architects

31/3/14

S96-02 D Roof Plan Peter Dalton Architects

31/3/14

S96-03 E Loft Floor Plan & Carport Plan

Peter Dalton Architects

19/5/14

S96-04 D Carport & Gym Plan Peter Dalton Architects

31/3/14

S96-05 D South Elevation Peter Dalton Architects

31/3/14

S96-06 D North Elevation Peter Dalton Architects

31/3/14

S96-07 E East Elevation & Street Elevation

Peter Dalton Architects

19/5/14

S96-08 E West Elevation Peter Dalton Architects

19/5/14

S96-09 D Longitudinal Section Peter Dalton Architects

31/3/14

except as amended by the following conditions. (Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information) (2) To insert the following new conditions: Porous Paving [C33] C1. The courtyard adjacent the carport basement must be paved with materials to allow stormwater infiltration to the substrate, such as unit paving blocks on a compacted sand base. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To improve the capacity of the site to absorb water runoff) Re-use of Sandstone [E2] E1. Sandstone blocks (if any) removed from the site are to be either stored for re-use on site or offered to Council in the first instance. (Reason: To allow for preservation of cultural resources within the North Sydney Council area)


Damage to Adjoining Properties [G30] G1. On completion of the development the subject of this consent and prior to the issue of the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying: 1. whether any damage to adjoining properties has occurred as a result of the development; 2. the nature and extent of any damage caused to the adjoining property as a result of the development; 3. the nature and extent of works required to rectify any damage caused to the adjoining property as a result of the proposed development; 4. the nature and extent of works carried out to rectify any damage caused to the adjoining property as a result of the development; and 5. the nature and extent of any agreements entered into for rectification of any damage caused to the adjoining property as a result of the development. The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent. Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. All costs incurred in achieving compliance with this condition shall be borne by the developer. (Reason: To ensure adjoining owner’s property rights are protected in so far as possible) Carport basement ancillary use only I1. The basement level of the carport is to be ancillary to the residential use of the site as a dual occupancy. No approval is granted or implied for use of the carport basement as a separate residence. (Reason: To clarify the terms of consent) Carport basement forecourt I2. The courtyard to the carport basement shall remain available at all times for access to and from the entry located in the northern side setback, being the dwelling entry to the lower ground duplex unit. (Reason: To maintain residential amenity of the lower ground unit) (3) To modify the following condition so as to read: Approved Landscape Plan A4. Landscaping works on the site are to be undertaken generally in accordance with the landscaping plan numbered 001916/TM A1, prepared by Urban Landscape Planners P/L, dated 16.07.2011 and received by Council on 17/8/12, as modified by section 96 approval DA271/12/2. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure appropriate landscaped area and landscaping amenity at the final inspection stage of the development)


4. IPP03: 2 Woolcott Street, Waverton (W) - DA 133/14 Applicant: Mary Mount Report of Jonathan Archibald, Assessment Officer, 23 July 2014 This development application seeks Council’s approval for alterations and additions to an existing dwelling house, including first floor addition, ground floor layout changes and construction of a rear deck and pergola structure. The application is reported to the North Sydney Independent Planning Panel as the proposal attracted a number of submissions during the public advertising period, requiring determination by NSIPP. The application was advertised during the period 9 May 2014 to 23 May 2014 in accordance with Part A (Section 4) of the North Sydney Development Control Plan 2013. During this period one (1) submission was received objecting to aspects of the proposal. The site and existing dwelling is identified as a local heritage item, however the site is not located within any Conservation Area. During the notification period concerns were raised over loss of sunlight, amenity and privacy to the adjoining property to the east. Following an assessment of the application, these issues, including non-compliances with the NSDCP2013 relating to site coverage, a revised design was submitted to Council on 25 June 2014. This design reduced the scope of the proposed rear deck, including conversion from a proposed awning to a partially open pergola, as well as demolition of an existing rear garden shed. The adjoining property owner was provided the amended plans for consideration resulting in six (6) further submissions raising issues of height, privacy, overshadowing and heritage matters. It is noted that a total of seven (7) submissions have been received from one (1) person. The revised design has been considered against Council’s development controls and is considered to mitigate privacy/amenity/loss of solar access concerns to surrounding properties. Further, proposed works have been reviewed by Council’s Conservation Planner and Stormwater Engineers, who responded in support of the proposal, subject to the imposition of conditions. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 133/14, for alterations and additions to the existing building to create a mixed-use development subject to the attached conditions:-

5. IPP04: 21 Elamang Avenue, Kirribilli (V) - DA94/14

Applicant: Collard Maxwell Architects Report of Robin Tse, Senior Assessment Officer, 29 July 2014


This development application seeks consent for alterations and additions to an existing twelve storey apartment building including façade remediation works, fire safety upgrade works, a new roof terrace and pergola and sea wall remediation works. The application is referred to the North Sydney Independent Planning Panel for determination because the variation sought to the building height development standard is greater than 10%, which requires determination of the application by the Panel in accordance with the directions from the NSW Department of Planning and Environment. Council’s notification of the proposal has attracted six (6) submissions, including four submissions from one submittor, who raised concerns about potential overshadowing of the adjoining properties, noise nuisance and safety during construction. The application has been assessed against the relevant provisions and requirements of the North Sydney LEP 2013, North Sydney DCP 2013, SREP (Sydney Harbour Catchment) 2005 and Sydney Harbour Foreshores and Waterways Area DCP 2005. Consideration has also been given to the Clause 4.6 request for a variation to the LEP’s building height development standard as submitted by the applicant. The variation to the building height development standard is justifiable because the building elements above the maximum building height of 12m are unlikely to have an impact on the character of the locality and would not cause material amenity impacts for the adjoining properties in terms of view loss, overshadowing or privacy loss. The issues raised in the submissions have also been addressed in the report with recommendations for appropriate conditions relating to building and construction safety. Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is considered to be satisfactory and therefore can be approved. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, 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 D94/14 for works to an existing twelve storey apartment building on land at No. 21 Elamang Avenue, Kirribilli subject to the attached standard conditions and following site specific conditions:- Landscape Plan C1. The applicant shall submit a landscape plan for the area within the subject site affected by the proposed works, including but not limited to the planter above the proposed sprinkler tank and the proposed roof terrace, identifying the species of plants to be planted, their numbers and their mature heights. 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 appropriate landscaping treatments and amenity protection for adjoining properties)


Fire Safety Upgrades C2. Pursuant to clause 94 of the EP&A Regulation 2000, aspects of the existing building must be brought into conformity with the Building Code of Australia (BCA). Work must be carried out as part of the development to upgrade the building in accordance with the following provisions of the BCA: (a) Part C – Fire Resistance and Stability (b) Part D – Access and Egress (c) Part E – Services and Equipment Plans and specifications showing the works to upgrade the building as above must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. Notes: 1) The Certifying Authority must be satisfied that the plans and specifications submitted prior to the issue of any Construction Certificate comply with the requirements of this condition. 2) The Certifying Authority issuing the Construction Certificate has no power to remove the requirements to upgrade the existing building as required by this condition. 3) Where this condition specifies compliance with the performance requirements of the BCA, the Certifying Authority, subject to their level of accreditation, may be satisfied as to such matters. (Reason: Application of Regulations relating to Fire and Life Safety) Health and Safety E1 All works undertaken must satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. This plan must include, but not be limited to, appropriate safety measures in relation to falling objects from the construction site. Site Fencing must be installed sufficient to exclude the general public from the site. Safety signs must be erected to warn the general public to keep out of the site, and provide a contact telephone number for enquiries. Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au (Reason: To ensure the health and safety of the community and workers on the site)

6. IPP05: 1/55A Wycombe Road, Neutral Bay - DA 98/14 Applicant: Michael Adam Crebar Report of Robin Tse, Senior Assessment Officer, 28 July 2014 This development application seeks approval for alterations and additions to the first floor unit of an existing two storey duplex including changes to the internal layout, external fenestration and the installation of new skylights. The application is referred to the North Sydney Independent Planning Panel for determination because the variation sought to the building height development standard is greater than 10%, which requires determination of the application by the Panel in accordance with the directions from the NSW Department of Planning and Environment.


Council’s notification of the proposal has attracted one (1) submission that raised concerns about potential damages to the existing right of carriageway during construction within the subject site which provides pedestrian and vehicular access to adjoining properties. Appropriate conditions of consent have been recommended requiring proper maintenance of the right of carriageway to ensure pedestrian and vehicular access during the construction phase of the proposed works The application has been assessed against the relevant environmental planning instruments and policies and generally found to be satisfactory. Consideration has also been given to the request for a variation to the specified height limit (8.5m) under North Sydney LEP 2013 and the written statement under Clause 4.6 of the LEP. The variation to the building height development standard is justifiable because the building elements above the maximum building height are unlikely to cause adverse amenity impacts for the adjoining properties in terms of view loss, overshadowing and privacy. Furthermore, Council’s Conservation Planner considers the proposed works to be acceptable within the context of the conservation area. Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is considered to be satisfactory and therefore can be approved. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel under the delegation of the General Manager as the consent authority, assume the concurrence of the Director General of the Department of Planning and Environment 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 D98/14 for alterations and additions to an existing two storey duplex on land at No. Unit 1, 55A Wycombe Road, Neutral Bay subject to the attached standard conditions and following site specific conditions:- Terms of Consent A4. Approval is granted for the following works relating to Unit 1, 55A Wycombe Road, Neutral Bay as shown on drawings numbered C-01, C-02, C-03 and C-04, undated, drawn by Tom Crebar & Associates, and received by Council on 7 April 2014: (a) Internal alterations involving the reconfiguration of the living and kitchen area and modifications to the existing stairs to provide an open plan kitchen and a new study room. (b) Fenestration changes including modifications to an existing bedroom window on the southern elevation to improve its vertical proportions and the creation of a new kitchen window on the eastern elevation to an existing terrace. (c) Installation of two skylights to the roof on the south elevation No approval is given or implied in this consent for any other works, both internal and external, within the subject property including the outdoor areas. (Reason: To clarify the scope of the approved building works)


Right of Carriageway E1. Pedestrian and vehicular access via the right of carriageway must be provided for at all times for pedestrians and vehicles accessing the adjoining properties at No’s 55 and 57 Wycombe Road and No.60A Shellcove Road at all times during the construction of the approved development. A safe pedestrian route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. The physical condition of the right of carriageway must be maintained and any damages must be promptly repaired by the property owner(s). (Reason: To ensure the access through the right of carriageway)

7. IPP06: Unit 30, 16-18 Harrison Street, Cremorne (C) - DA 191/14 Applicant: Rohan Thomas Dunn Report of Natalie Moore, Assessment Officer, 24 July 2014 This development application seeks approval for alterations to the southern facade of Unit 30, which has previously been amalgamated from two units (Unit 30 and Unit 31) into one unit. The works involve demolition of the existing half height cavity brick walls, existing fixed and non fixed windows and sliding doors (which provide access to the balconies), and installation of sliding stackable glass doors. Due to the minor nature of the works, the application was not notified in accordance with Section 4 of North Sydney DCP 2013. The existing 8-storey building breaches the 12m height limit development standard for the site, and the proposed works to the facade of Unit 30 (Level 8) will breach the maximum height control by more than 10%, and therefore must be determined by NSIPP. The new sliding stackable doors and fixed glass panels will be located in the same location as the existing doors, windows and brick walls. The envelope and form of the building will be maintained, and the variation to the building height development standard does not give rise to any additional material impacts on the amenity of adjoining properties in terms of overshadowing, privacy or view impacts. The variation to the building height development standard is therefore justifiable. 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) A. 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. 191/14 for alterations to the southern facade of Unit 30 at 16-18 Harrison Street, Cremorne, subject to the attached conditions:-


Terms of Consent A4. Approval is granted for the following works relating to Unit 30, 16-18 Harrison Street, Cremorne as shown on drawings numbered DA-01 and DA-02, undated, drawn by Rohan Dunn, and received by Council on 16 June 2014: (a) Demolition of the existing half height cavity brick walls along the southern elevation. (b) Demolition of the existing fixed and openable windows, and sliding doors along the southern elevation. (c) Installation of sliding (stackable) doors along the southern elevation. (d) Installation of fixed glass panels on the eastern and western ends of the southern elevation. All works must be contained entirely within the subject site. No approval is given or implied in this consent for any other works, including demolition of the existing kitchen and/or re-location of the kitchen to the eastern side of the unit. (Reason: To ensure the terms of the consent are clear) Colours and Materials of Sliding Doors and Fixed Windows C1. The external colours and materials of the sliding doors and fixed full height windows (including framing and glazing) shall match, or be compatible with, the colours and materials of the sliding doors and windows within the existing building. A schedule of external colours and finishes must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on an accompanying the issues Construction Certification, fully satisfy the requirements of this condition. (Reason: To ensure that the completed colours and finishes of the works are compatible with the existing building)

8. IPP07: 54 Cammeray Road, Cammeray (T) - DA 132/14 Applicant: Mark & Tracey Ralston Report of Luke Donovan, Senior Assessment Officer, 23 July 2014 This development application seeks approval from the North Sydney Independent Planning Panel for alterations and additions to the existing dwelling including a new first floor on land at 54 Cammeray Road, Cammeray. The application is reported to NSIPP because the proposed works are above the permissible height limit of 5.5m pursuant to clause 4.3(2B) in NSLEP 2013. The non-compliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Environment. Council’s notification of the proposal has attracted two (2) submissions raising particular concerns about the loss of solar access, visual privacy, landscaped area and the non compliant building height. The assessment has considered these concerns as well as the performance of the application against the relevant planning instruments and policies.


The first floor addition has being sited over the rear two thirds of the ground floor to minimise the bulk and scale of the dwelling when viewed from the public domain. The first floor additions are considered to be characteristic of the area so the proposal is considered to be acceptable in the site circumstances. Specific conditions of consent are recommended requiring more characteristic materials and a reduction in the extent of glazing on the front facade to ensure the built form is more sympathetic with the existing dwelling and the neighbourhood. The proposal complies with the site coverage, landscape, un-built area and setback controls in NSDCP 2013. The proposal would maintain satisfactory residential amenity in terms of solar access and view sharing for adjoining properties. A condition of consent is recommended that fixed opaque glazing be provided to the first floor bedrooms windows on the north-western and south-western elevations to maintain visual privacy to the rear outdoor recreation area of No.52 Cammeray Road. The proposal has been assessed having regard to Section 79(C) of the Environmental Planning and Assessment Act 1979 (as amended) and found to be satisfactory. Accordingly, the proposal is recommended for approval subject to appropriate standard and site specific conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and Environment 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. 132/14 for alterations and additions to the existing dwelling including a new first floor on land at 54 Cammeray Road, Cammeray subject to the attached standard and the following site specific conditions: Materials and colours C1. No consent is given under this application to the corrugated metal cladding to either the external walls or the roof of the first floor addition, except as indicated in red on the approved plans that form part of Condition A1 of this consent. The external wall cladding of the first floor addition must be fibre cement sheeting material or similar and painted to match the existing dwelling. The roof materials must be terracotta tiles to match the existing dwelling. A schedule of external colours and finishes detailing the above must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure that the completed colours and finishes of the works are compatible with surrounding development) Glazing – front facade C2. The extent of glazing on the front façade of the first floor must be reduced as indicated in red on the approved plans that form part of Condition A1 of this consent.


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 built form is more compatible with surrounding development)

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 2 July 2014.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

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

WEDNESDAY 2 JULY 2014, AT 2.00PM.

PRESENT Chair: Jan Murrell in the Chair Panel Members: Virginia Waller, Panel Member Michael Harrison, Panel Member Ian Pickles, Panel Member Staff: Stephen Beattie, Manager Development Services David Hoy, Team Leader, Assessments Robyn Pearson, Team Leader, Assessments Kim Rothe, Senior Assessment Officer Peita Rose, Corporate Administration Support Officer (Minutes) Apologies: Nil. 1. Minutes of Previous Meeting The Minutes of the NSIPP Meeting of Wednesday 4 June 2014 were confirmed following that meeting. 2. Declarations of Interest Nil.

NORTH SYDNEY INDEPENDENT PLANNING PANEL - 02/07/14 Page No 2


3. Business Items

ITEM 1

DA No:

123/14

ADDRESS:

5 Byrnes Avenue, Neutral Bay

PROPOSAL:

Alterations and addition to an existing two storey semi-detached dwelling including a single storey rear addition

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

APPLICANT: Roberto Forero

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

Panel Member Yes No Panel Member Yes No Jan Murrell X Virginia Waller X Ian Pickles X Michael Harrison X

ITEM 2

DA No:

104/14

ADDRESS:

35 Tobruk Avenue, Cremorne

PROPOSAL:

Alterations and additions to detached dwelling

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer

APPLICANT: Kay Chee & Mimi Shiu Kuen Cheung C/O- Maitland and Butler Architects

Public submissions No persons elected to speak at the meeting.



Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following additional conditions: Balustrade Materials C13. The ground and first floor balcony balustrades to the street elevation shall be

translucent or opaque glazing. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate.

(Panel Reason: To ensure the use of materials and details characteristic to the area)

Surrender of Consent C14. Prior to the issue of any Construction Certificate written confirmation is to be

received by Council that DA341/10 for demolition of existing building and construction of a three storey dwelling with garage below, swimming pool, spa and landscaping approved by Council on the 15 November 2010 has been surrendered and that no part of the approval or works within that consent will be undertaken on site. Any surrender of consent must comply with the provisions of Section 80(A)(5) of the Environmental Planning and Assessment Act 1979.

(Panel Reason: To ensure multiple approvals are not undertaken on site)

Voting was as follows: Unanimous


ITEM 3

DA No:

95/14

ADDRESS:

37 Spruson Street, Neutral Bay

PROPOSAL:

A new 1800mm lap and cap paling fence on Council land that is proposed to be leased by the owners of the No. 37 Spruson Street, Neutral Bay

REPORT BY NAME:

Luke Donovan, Assessment Officer

APPLICANT: Terry Joy Bowen



Public submissions No persons elected to speak at the meeting. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following additional conditions Height of Front Fence C7. The fence shall be reduced in height to 1.5 metres from the existing ground level.

Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate.

(Panel Reason: To be more consistent with the low density residential area and

compliance with North Sydney Development Control Plan for front fences)

Replacement Tree Planting G2. A Canopy tree to a minimum height of 5 metres at maturity shall be provided within the

front leased area. The species to be to the satisfaction of Council’s Landscape Development Officer

(Panel Reason: To enhance the landscape amenity of the area) Voting was as follows: Unanimous


ITEM 4

DA No:

137/14

ADDRESS:

40 Kurraba Road, Neutral Bay

PROPOSAL:

Subdivision into 2 lots

REPORT BY NAME:

Geoff Mossemenear, Executive Planner

APPLICANT: Attn: Risha Joseph North Sydney Council 200 Miller Street NORTH SYDNEY NSW 2060



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


ITEM 5

DA No:

149/14

ADDRESS:

21 Waruda Street, Kirribilli

PROPOSAL:

Alterations and additions to the existing residential flat building comprising window replacements, addition of balconies to the southern and eastern elevations and access doors

REPORT BY NAME:

Luke Donovan, Assessment Officer

APPLICANT: Haviland Architects

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




ITEM 6

DA No:

108/14

ADDRESS:

3 Oak Street, North Sydney

PROPOSAL:

Alterations and additions to a dwelling, including garage

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

APPLICANT: Paul James McNamara

Public submissions Paul McNamara - Applicant Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following changes: Deletion of Condition B1 Replacement with the following additional condition being imposed: Construction and Traffic Management C24. Details of the proposed management of construction vehicles, waste management and

material storage shall be provided to the certifying authority prior to the commencement of any work including demolition or prior to the issue of the Construction Certificate which ever occurs first. This shall include the following matters:

(a) Potential conflict with school traffic and pedestrian movements; (b) Location of the construction site entrance; (c) Management of waste removal and material delivery vehicles to be limited to

a medium rigid vehicle; and (d) Parking for the construction workers.

(Panel Reason: To ensure safe and orderly construction, proportionate to the

scale of the development) That conditions C12, C13, C17 & E5 be updated as detailed in the addendum report so as to read as follows.



C12. Stormwater Management and Disposal Design Plan - Construction Issue Detail

Amend paragraph’s. b) and c) as follows:

b) Stormwater runoff drainage generated by the approved dwellings must be

conveyed in a controlled manner by gravity to Council’s kerb in Wheeler Lane. Stormwater runoff drainage generated by the approved dwelling must be conveyed in a controlled manner by gravity via a direct connection to Council’s storm water pipe (225 DIA) in Wheeler Lane.

c) The stormwater drainage system shall be designed for an average recurrence interval (A.R.I.) of 1 in 20 years. Within the road reserve, pipe shall have a minimum cover of 450 mm.

C13. Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement

Amend the first paragraph as follows: Prior to the issue of any Construction Certificate, security deposit or bank guarantee must be provided to Council to the sum of $5,000.00 $6,000.00 to be held by Council for the payment of cost for any/all of the following:

C17. Security Deposit/ Guarantee Schedule

Amend the schedule as follows:

Security deposit/ guarantee Amount ($) Footpath Damage Bond $1,000.00 Drainage Construction Bond $1,000.00 Engineering Construction Bond $4,000.00 TOTAL BONDS $5,000.00 $6,000.00

E5. Council Inspection of Public Infrastructure Works

Add second dot point:

• Drainage connection

Further, standard condition for “stormwater works as executed” should be added to the conditions of approval, as follows:

That condition G8 be added to the conditions of approval



Council Inspection of Public Infrastructure Works

G8. A works-as-executed survey drawing (W.A.E.) of the completed stormwater drainage system must be obtained. The W.A.E. survey drawing must show the alignment, depth and grade of the stormwater drainage pipelines, pits and ancillary plumbing. The W.A.E. survey drawing must be reviewed by a qualified and practising civil engineer and certification provided to the Certifying Authority that the as-built system achieves the design intent of the plans approved with the Construction Certificate. Certification must be provided with the W.A.E. survey drawing to the Certifying Authority prior to the issue of an Occupation Certificate.

A copy of the W.A.E. survey drawing and certification must be submitted to the Council if it is not the Certifying Authority.

(Reason: Compliance with the Consent)



ITEM 7

DA No:

466/13

ADDRESS:

479 Pacific Highway, Crows Nest

PROPOSAL:

Mixed Use Building

REPORT BY NAME:

Lara Huckstepp, Executive Planner

APPLICANT: Wyndel Property Group

Public submissions No persons elected to speak at the meeting Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to an amendment to C28 as follows:



Adaptable Housing C28. At least 1 2 dwellings are to be designed with accessible features for disabled persons,

and must incorporate level entries and wider doorways and corridors, slip resistant surfaces, reachable power points, disabled toilet, and lever door handles and taps. These features are to be designed generally in accordance with the relevant Australian Standard 4299 - 1995. 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 equity of access and availability of accommodation in the

future for an ageing population) (Panel Reason: To comply with Section 1.2.1 P6 of Council’s Development Control

Plan and ensure provision of 15% Adaptable Housing.) The addition of the following condition: Community Car Share C42. One of the basement residential car parking spaces shall be dedicated for a shared car

(go get or similar) that is available to the public. In the event an appropriate service provider is not in place at the time of final occupation, this space shall be used as visitor parking.

Amend Conditions G17 and I3 be amended to refer to 11 Residential, 4 Commercial and 1 Car Share Parking Space. G3 to be amended to include provision for a single car share space to be provided within the basement (Panel Reason: To facilitate sustainable transport) Voting was as follows: Unanimous




ITEM 8

DA No:

61/14

ADDRESS:

8 Carlow Street, North Sydney

PROPOSAL:

Alterations and additions to semi detached dwelling

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer

APPLICANT: Andrew Wyatt Toshack

Public submissions Andrew Toshack - Applicant Paul Toshack - Applicant Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the deletion of the chimney and the incorporation of a Victorian style dormer in the roof. Condition C1 and C2 are to be deleted as a consequence. and the following new deferred Commencement Condition is to be inserted: AA. Deferred Commencement Condition This consent shall not operate until the following deferred commencement condition has been satisfied. The applicant must satisfy Council as to the matters specified in the deferred commencement conditions within twelve (12) months of the date of the grant of this consent. If the applicant fails to satisfy Council as to the matters specified in the deferred commencement conditions within twelve (12) months of the dated of the grant of this consent this consent will lapse in accordance with Section 95(6) of the Environmental Planning and Assessment Act 1979. NOTE: Consideration should be given to providing the evidence to Council to allow sufficient time consider the same and form a view as to whether the deferred commencement conditions are satisfied or not. You are also advised of your appeal rights under clause 95(6) of the Environmental Planning and Assessment Regulation 2000, which provides that: If the consent authority has not notified the applicant within the period of 28 days after the applicant’s evidence is produced to it, the consent authority is, for the purposes only of section 97 of the Act, taken to have notified the applicant that it is not satisfied as to those matters on the date on which that period expires.



Dormer on Front Roof Pitch AA1. The front dormer is to be redesigned to match Victorian era architectural styling and

proportions and be to the satisfaction Council’s Heritage Conservation Planner. (Reason: To ensure the dormer design is consistent with the architectural style of

building and other dwellings within the Holtermann D Conservation Area)

(Panel Reason: The Panel has considered the issues of local context and the unique

character and built form and considers that the proposal would not set an undesirable precedent. The inclusion of a Victorian style dormer would not detract from the significance of the heritage conservation area noting that there is some variation within the streetscape. The panel also considered as a consequence that it would not be appropriate to retain the existing chimney with the dormer)



ITEM 9

DA No:

S96 145/11/6

ADDRESS:

239-247 Pacific Highway North Sydney

PROPOSAL:

Modification to existing consent for the erection of a mixed use building - Extension of construction hours

REPORT BY NAME:

Geoff Mossemenear Executive Planner

APPLICANT: Hindmarsh Construction 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 subject to the following changes:



Constructions Hours

E9. (a) Building construction shall be restricted to within the hours of 7.00am to 8.00pm Monday to Friday and to within the hours of 8.00am to 5.00pm inclusive on Saturdays, with no work on Sundays and Public Holidays.

Permissible building works between the hours of 6.00pm to 8.00pm, Monday to Friday and 1.00pm to 5.00pm on Saturdays is limited to internal fitout works only and shall be wholly contained within the sealed building façade. Work that is permissible to be undertaken from 6.00pm on weekdays and from 1.00pm on Saturdays is limited to the following: - installation of plasterboard ceilings; - painting; - joinery; - floor sanding; - laying of carpet; and - installation of internal services. No external building works, any deliveries to the site or use of the external elevator shall be undertaken outside the standard construction hours of 7.00am to 6.00pm, Monday to Friday and 8.00am to 1.00pm on Saturdays. The use of jackhammers and other noise generating machinery is strictly prohibited after 6.00pm on weekdays and 1.00pm on Saturdays. Demolition and excavation works shall be restricted to within the hours of 8.00am to 6.00pm, Monday to Friday only. (Excavation work includes the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders and the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site).

(b) All building construction work in (a) above, including all plant and equipment operating contemporaneously, shall be subject to the maximum noise levels of 5dB(A) above the background noise level measured at the nearest residential receiver, in accordance with Section 4 of the EPA Industrial Noise Policy.

(c) Windows and doors on facades of the project building shall be fully closed

during the proposed extended hours. No deliveries are permitted after 6pm on weekdays and 1pm on Saturdays.

(d) If investigation of complaint(s) establishes that ‘offensive’ noise over the

5dB(A) background limit has occurred, and the complaint is justified, then Council will require by notice to the applicant, owner and developer, that the construction hours must revert to the hours nominated in the original consent;

(e) Car parking associated within the extended construction hours for internal

works shall be contained wholly within the subject site on completed basement levels. The applicant/builder shall prepare a Parking Management Plan that shall specify the parking arrangements for workers after 6.00pm weekdays and 1pm Saturdays, this shall include the total number of vehicles and the



proposed location where these vehicles will be parking. This Plan should also address noise abatement measures that will be in place to minimise disturbance to local residents when workers are leaving the site after the extended hours. This Parking Management Plan shall be provided to Council for approval prior to the commencement of extended construction hours;

(f) The builder shall display, on-site, their twenty-four (24) hour contact

telephone number which is to be clearly visible and legible from any public place adjoining the site;

(g) The builder shall letter box drop affected residents with details of their twenty-

four (24) hour telephone number.

- "affected receiver" includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing.

- "boundary" includes any window or elevated window of an affected

receiver. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority.

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

expectations of residents and the community) (Panel Reason: The Panel considered the residents concerns and

consequently strengthened the condition having regard to residential amenity)



4.

The public meeting concluded at 2.17pm. The Panel Determination session commenced at 2.25pm. The Panel Determination session concluded at 4.15pm. Endorsed by Jan Murrell North Sydney Independent Planning Panel 2 July 2014

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