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NORTH SYDNEY COUNCIL

Council Chambers

31 August 2017

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 2.00pm on Wednesday 6

September 2017 when your attendance is requested.

Your attention is directed to the accompanying statement of the business proposed to be

transacted at such meeting.

ADRIAN PANUCCIO

A/GENERAL MANAGER

BUSINESS

1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 2 August

2017.

(Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

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Panel Member Panel Member

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Speaker/s

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 2

2. IPP01: 70 Ellalong Road, Cremorne (T) - DA 187/17

Applicant: Carol Maree Johnston

Report of Robin Tse, Senior Assessment Officer, 29 August 2017

This development application seeks NSIPP approval for alterations and

additions to an existing single storey detached dwelling at No.70 Ellalong Road,

Cremorne including internal alterations, a two storey rear addition and a

swimming pool.

The subject application is reported to North Sydney Independent Planning Panel

for determination due to significant non-compliance with the DCP site coverage

control.

The notification of the application has attracted three (3) submissions rising

concerns relating to possible adverse privacy impacts, excessive bulk and scale,

inadequate rear boundary setback and parking impacts.

The proposal complies with the LEP’s maximum building height limit and

DCP’s front and side setback requirements. The proposal is unlikely to cause

material amenity impacts on the adjoining properties subject to the imposition

of appropriate conditions to protect the visual privacy of the adjoining

properties.

However, the proposal would result in a significant non-compliance with the

DCP’s site coverage requirement. A deferred commencement condition has

been recommended requiring design modifications to the proposed first floor

balcony and swimming pool in order to reduce the level of non-compliance with

the site coverage requirements whilst achieving a development which is

appropriate in the context and character of the locality (Condition AA1).

The issues raised in the submission have been addressed throughout this report.

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

subject to the deferred commencement 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 Acting General Manager as the consent authority, grant deferred

commencement consent to Development Application No. 187/17 for alterations

and additions to an existing single storey detached dwelling at No. 70 Ellalong

Road, Cremorne, subject to the following deferred commencement conditions:

AA. Deferred Commencement Conditions

This consent shall not operate until the following deferred commencement

condition(s) has/have been satisfied.

The applicant must satisfy Council as to the matters specified in the

deferred commencement conditions within 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 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.

Design Modifications

AA1. The design of the proposed development must be amended as follows:

A minimum setback of 2.5m is provided between the north-eastern edge of the

swimming pool and the common property boundary with No.72 Ellalong Road


to increase the separation between the swimming pool and No.72 Ellalong Road

and to allow planting/soft landscaping;

The dimensions of the swimming pool shall be modified to 6.4m in length x

3.5m in width;

The depth of the first floor rear balcony and the roof over this balcony be

amended to 1.5m from the rear (north-western) glass line for the master

bedroom and ensuite bathroom, being 10.5m from the rear (north-western)

property boundary; and

Installation of 1.7m high privacy screens on the north-eastern and south-western

edges of the first floor rear balcony.

(Reason: To reduce the non-compliance with DCP’s site coverage requirements,

to ensure compliance with rear boundary setback and to minimise the privacy

impacts on the adjoining properties)

This consent shall not operate until such time as the written approval stating that

the requirements of this condition have been satisfied.

B. Subject to the above deferred commencement conditions being satisfied

within 12 months of the date of this determination, the consent shall operate in

accordance with the attached conditions, including the following site specific

conditions:

Privacy Shutters – First Floor Windows

C1. The proposed vertical louvres within the privacy shutters to be attached to

all first floor windows on the north-eastern and south-western elevations must

be fixed at an angle of 45 degrees to minimise overlooking into the adjoining

properties at Nos. 68 and 72 Ellalong Road.

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 residential amenity for the adjoining properties)

Landscape Plan

C2. The applicant must submit a detailed landscape plan for the subject site

based on the Landscape Concept Plan (DA15A), dated 21/7/17 and prepared by

Corrado A Palleschi including planting of 3 x native species at 25 litre pot size

as replacement for trees to be removed within the rear yard. This landscape plan

must identify the numbers and species of plants to be planted and their mature

heights.

The plan 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 this landscape plan and other plans and

specifications submitted fully satisfy the requirements of this condition.

(Reason: To ensure desirable landscape outcomes for the subject site)

3. IPP02: 53 Reynolds Street, Cremorne (T) - DA 387/16/2

Applicant: HJ Two Pty Ltd, C/- Corben Architects

Report of Luke Donovan, Senior Assessment Officer, 22 August 2017.

The applicant has lodged a Section 96 application seeking NSIPP approval to

modify DA387/16 with regards to the relocation of the entries to houses 3 and

4, changes to lift, internal changes to houses 3, 4, 5 and 6, addition of car park

exhaust, air conditioning condensers relocated to the roof of building A, toilet

added to the basement level and the skylights relocated on the roof on land at

No. 53 Reynolds Street, Cremorne.


The Section 96 application is reported to North Sydney Independent Planning

Panel for determination given the level of public interest in the application.

The notification of the proposal has attracted four (4) submissions raising

particular concerns about the relocation of the mechanical plant on the roof of

Building A and the likely additional loss of visual privacy with amendments to

windows and privacy screens.

The proposed modifications involving the relocation of the entries to houses 3

and 4 (building A) from level 3 to level 2 of the building and the removal of the

staircases will provide more equitable access to these dwellings.

The lift over run and screening around the mechanical plant is limited to a

maximum height of 1200mm above the roof level and complies with the

maximum permissible building height (8.5m) in NSLEP 2013. The lift over run

and screening around the mechanical plant is unlikely to materially add to the

bulk or scale of the building or be highly visible from surrounding properties,

as the structures are centrally located on the roof at the rear of building A with

a 23m setback from the Reynolds Street boundary, 6.3m setback from the side

boundaries and limited in size to 4858mm (L) and 2320mm (W).

The external louvres to the new windows along the eastern and western

elevations of the buildings will ensure there are no adverse privacy impacts for

adjoining properties.

The proposal has been assessed having regard to Section 96 of the

Environmental Planning and Assessment Act 1979 (as amended) and found to

be satisfactory. Accordingly, the proposal is recommended for approval subject

to modified conditions of consent.



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

the A/General Manager as the consent authority, grant consent to this Section

96 application No. 387/16/2 to modify DA No. 387/16 with regards to the

relocation of the entries to houses 3 and 4, changes to lift, internal changes to

houses 3, 4, 5 and 6, addition of car park exhaust, air conditioning condensers

relocated to the roof of building A, toilet added to the basement level and the

skylights relocated on the roof on land at No. 53 Reynolds Street, Cremorne

subject to the following conditions:

Add Conditions A4 and I3 as follows:

Development in Accordance with Plans (S96 Amendments)

A4 The development being carried out in accordance with plans identified in

Condition A1 of the consent and endorsed with Council’s approval stamp,

except as modified by the purple clouding on the following plans: Drawing No Rev. Title Drawn by Dated

DA01 E Site plan Corben Architects 22/5/2017

DA02 E Level 1 plan Corben Architects 22/5/2017





DA07 E Roof plan Corben Architects 22/5/2017

DA08 E Section A Corben Architects 22/5/2017

DA09 E Section B Corben Architects 22/5/2017

DA10 E North Elevation Block A Corben Architects 22/5/2017

DA11 E South Elevation Block A Corben Architects 22/5/2017

DA12 E North and South Elevations Block B Corben Architects 22/5/2017

DA13 E East Elevation Blocks A and B Corben Architects 22/5/2017

DA14 E West Elevation Blocks A and B Corben Architects 22/5/2017

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

accordance with the determination of Council, Public Information)


Odour

I3 Use of the carpark exhaust system (Building A) must not give rise to

offensive odour or air impurities within the meaning of the Protection of the

Environment Operations Act 1997.

(Reason: To ensure the amenity of surrounding properties)

Modify Condition A3, C24, C28, C31 as follows:

External Finishes & Materials

A3.External finishes and materials must be in accordance with the submitted

schedule Drawing Number DA 22 Revision C (however noted as Rev F in title

bar), dated 26/07/17 drawn by Corben Architects and received by Council on

26/07/2017 unless otherwise modified by Council in writing.



Location of Plant

C24.All plant and equipment for Building A is to be located within the basement

(Level 1) of this building or the nominated areas on roof of this building and not

to be located on any of the balconies within this building.

All plant and equipment for Building B is to be located under the front porches

of the dwellings within this building and positioned within a suitable sound

attenuated enclosure.

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: Minimise impact on surrounding properties, improved visual

appearance and amenity for locality)

Adaptable Housing

C28.Dwelling 3 (Building A) must 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.


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


(Reason: To ensure equity of access and availability of accommodation in the

future for an ageing population)

BASIX Certificate

C31.Under clause 97A(3) of the Environmental Planning & Assessment

Regulation 2000, it is a condition of this development consent that all the

commitments listed in BASIX Certificate No. (765569M_03) for the

development are fulfilled. Plans and specifications complying with this

condition must be submitted to the Certifying Authority for approval prior to

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

that the building plans and specifications submitted, referenced on and

accompanying the issued Construction Certificate, fully satisfy the

requirements of this condition.


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

requirements for sustainability and statutory requirements).

4. IPP03: 66 Colin Street, Cammeray - DA 430/16

Applicant: Clare Carter, Contemporary Architecture Pty Ltd

Report of George Youhanna, Executive Planner, 24 August 2017

This application under s.82A of the Environmental Planning and Assessment

Act 1979 seeks a review of a determination by NSIPP to refuse a development

application for alterations and additions to the existing dwelling including a rear

two storey addition and a swimming pool in the rear setback of the site on land

at No. 66 Colin Street, Cammeray. The property is identified as a Neutral Item

within the Plateau Conservation Area.

At the 5 April 2017 meeting, NSIPP resolved as follows:

The Council Officer’s Recommendation for refusal is endorsed by the Panel.

The Panel considers that the constraints of this site in terms of adjoining

developments has been well considered for the properties to the south. However,

the bulk and height of the two storey addition at the rear does not fit comfortably

on the site having regard to the change in levels and the relative level of the

property to the north. To provide further guidance to the applicant, the rear two

storey portion in the opinion of the Panel needs to be lowered in overall height

by some 550mm. This includes as discussed at the meeting lowering the rear

portion by 350mm (2 steps) to reduce the out of ground foundation.

Furthermore, a reduction of overall height can be achieved by lowering the

springing point and or alteration to the roof. The Panel considers that the rear

extension should read as a separate and articulated component for this

conservation area.

Furthermore, the Panel considers that the shed proposed on the boundary

should be relocated to be compliant with the side setback controls.

The application is referred back to the North Sydney Independent

Planning Panel for determination in accordance with the provisions of

s.82A(6).

Council’s notification of the s.82A review application has attracted fourteen

(14) submissions, including three (3) objections and eleven (11) submissions in

support of the proposal. The objections raise particular concerns about

excessive bulk and scale, overshadowing, loss of outlook and visual privacy,

uncharacteristic built form, non-compliant side setbacks and other issues.

The s.82A plans have addressed the issues raised by the NSIPP, subject to

confirmation by the Panel that the requirement for the rear extension to read as

a separate and articulated component has been satisfied through the reduced

height of the rear addition. A condition of consent is proposed which would

distinguish the rear addition as new building work, by requiring the existing

concrete roof tiles to be replaced with terracotta tiles over the existing dwelling

and the rear addition to have a corrugated metal roof.

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

& Assessment

Act 1979 and with regard to the previous decision of the NSIPP, the application

is considered to be satisfactory in the circumstances and recommended for

approval.

Recommending


PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND


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

the A/General Manager as the consent authority, approve Development

Application No. 430/16 for alterations and additions to the existing dwelling

including a rear two storey addition and swimming pool in the rear yard of the

site on land at No. 66 Colin Street, Cammeray, as shown on plans DA01 – DA16

Revision C, drawn by Contemporary Architecture Pty Ltd and dated 8/6/2017,

subject to the attached standard conditions.

5. IPP04: 146 Atchison Street, Crows Nest (W) - DA 146/17

Applicant: Tim Alexander on behalf of Andrew and Susan Scott

Report of Susanna Cheng, Senior Assessment Officer, 24 August 2017

This development application seeks Council’s approval for alterations to rear

carport structure and use as a garage.

The application is reported to NSIPP for determination due to interest by

Councillor Melissa Clare.

Council’s notification of the proposal has attracted one submission raising

particular concerns about unauthorised works, location and height of garage,

and solar access in relation to an adjoining garage/workshop at No.148 Atchison

Street. The assessment has considered these concerns as well as the performance

of the application against Council’s planning requirements.

The subject application was received by Council following compliance action

in relation to various structures at the rear of the property, including a carport in

the location of the proposed garage. Council ordered removal of the carport in

December 2016 on the basis that it was not self-supporting and relied on an

adjoining structure in the absence of owner’s consent from the affected

neighbour. In this regard, the current application seeks approval to erect an

internal framework so that the garage will be self-supported, for ongoing use as

a garage.

The adjoining garage structure accommodates a workshop with access to

daylight by means of glass bricks located on the boundary wall. A review of

land title information reveals an absence of any easement for access to daylight

through these windows. Nonetheless, the proposed garage has been designed

to provide for reasonable daylight access to the workshop by means of roof

lights and glass bricks matching the location of the adjoining glass bricks. This

is considered to be reasonable given the lack of legal entitlement to light access

and the affected space is an ancillary workshop rather than any primary internal

living area.

The height of the proposed garage is lower than the adjoining garage/workshop

and is comparable to garages in Chandos Lane. The siting of the garage

immediately adjoining the larger garage/workshop structure at No.148 results

in least shadow impacts on private open space.

The provision of a single garage is consistent with parking rates and laneway

provisions in the DCP. It is recommended (via condition) that the open space

adjacent the garage be landscaped, including a tree, in order to provide suitable

landscaping which contributes to the landscape character of the area and prevent

any use of the rear setback for the purpose of parking of a second vehicle.


Following this assessment, the development application is considered to be

reasonable in the circumstances and is recommended for approval subject to

conditions.



THAT the North Sydney Independent Planning Panel, as the consent

authority grant consent to Development Application No. 146/17 for alterations

to rear carport structure and use as garage, on land at 146 Atchison Street, Crows

Nest, subject to the attached standard conditions and following site specific

conditions:-

Continued use

A1. Approval is granted for continued use of the rear garage to the extent of the

structure as built and proposed to be retained. No retrospective approval is

given or implied for the physical erection of works completed without consent.

(Reason: To formalise use of existing unauthorised works)

Garage to be Self Supported

C14.The existing carport structure shall be adjusted so as to remove all load-

bearing members from the wall/structure of the adjoining garage/workshop

located at 148 Atchison Street, Crows Nest. The proposed garage must be

entirely self-supported from within the subject site.

Under no circumstances shall the wall at 148 Atchison Street be altered without

the prior written consent of the adjoining owner other than for the removal of

unauthorised works and to make good.

A report from an appropriately qualified and practising structural engineer,

certifying the development fully satisfies the above, must be submitted to the

Certifying Authority prior to the issue of any Construction Certificate.



Construction Certificate, fully satisfy the above.

(Reason: No consent from adjoining owner)

Landscaping to western side of rear setback

C15.The “Landscaped Area” adjacent to Chandos Lane as indicated on the

approved plans shall be soft landscaped in its entirety with the exception of unit

pavers for pedestrian access as indicated on the plans. The species may include

groundcovers and shrubs, and must include planting of a tree to the following

specifications:

Provided within the location shown in red on the approved plan(s), generally to

the western side of the proposed garden path (unit pavers) no more than 2.5m

south of the rear boundary;

Suitable species capable of attaining a mature height of 2.5 – 3.0 metres above

finished ground level;

Suitable species to maintain reasonable light penetration to adjoining property;

and

Minimum pot size of 25 litres at time of planting.




(Reason: Landscape area compliance; streetscape amenity; to prevent use of rear

setback for the purpose of parking)

Service Adjustments


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

facilities must be carried out by the person acting on the consent and in

accordance with the requirements of the relevant utility authority. These works

shall be at no cost to Council. It is the Applicant’s full responsibility to make

contact with the relevant utility authorities to ascertain the impacts of the

proposal upon utility services at the appropriate stage of the development

(including water, phone, gas and the like). Council accepts no responsibility

whatsoever for any matter arising from its approval of this application involving

any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Single Car Parking

I2. No more than a single car may be parked within the subject site at any time.

(Reason: To clarify consent)

Rooflights and Glass Blocks in Eastern Wall

I3. The rooflights and glass blocks in the eastern wall shall not be obscured in

any way and shall be kept in a reasonably clean condition.

(Reason: To maximise light transmission to the property at 148 Atchison Street)

6. IPP05: 160 Willoughby Road, Crows Nest (W) – DA 127/17

Applicant: LAK Australia Pty Ltd c/ PBD Architects

Report of Susanna Cheng, Senior Assessment Officer, 22 August 2017

This development application seeks Council’s approval for demolition of an

existing building, and construction of 4-storey mixed use building comprising

ground floor commercial and nine (9) apartments.

The application is reported to NSIPP for determination due to variation to

Council’s controls relating to building height.

The variation to the building height control is justifiable in the circumstances of

the case. The proposed building is generally compliant with the exception of

roof structures. The elements in breach are adequately set back so as to present

no material built form, streetscape, shadow, privacy or other amenity impacts.

The variations allow for provision of a communal open space that could not

reasonably be provided elsewhere on a constrained site, improving residential

amenity without exceeding the development yield as envisaged by the controls.

Council’s notification of the proposal has attracted two submissions raising

particular concerns about heritage and parking. The assessment has considered

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

planning requirements.

The existing building is not a heritage item or located within a conservation

area. The proposed building addresses the main street corner, provides for

active frontages, and is considered to be compatible with the existing and future

desired character of Crows Nest Town Centre. In addition, the proposal

includes a continuous awning and new street tree plantings which will make a

positive contribution to the streetscape.

Adequate residential and commercial parking will be provided, in accordance

with maximum parking rates so as not to result in any material impacts on on-

street parking in the area. Conditions are recommended to ensure efficient

garage operations so as maintain the functionality of the rear lane, and no

parking permits to be issued to future occupiers of the building.


Following this assessment, the development application is considered to be

reasonable in the circumstances and is recommended for approval subject to

conditions.



THAT the North Sydney Independent Planning Panel, as the consent authority,

assume the concurrence of the Director General of the Department of Planning

& Environment and invoke the provisions of clause 4.6 of North Sydney LEP

2013 with regard to the exception of the development standard under clause 4.3

for building height, grant consent to Development Application No. 127/17 for

demolition of existing building and construction of a 4-storey mixed use

building comprising ground floor commercial and nine (9) apartments, on land

at 160 Willoughby Road, Crows Nest, subject to the attached standard

conditions and following site specific conditions:-

Signage Separate DA

A4Signage, except for exempt or complying development, shall be subject to a

separation development application.

(Reason: To clarify consent; streetscape amenity)

Ausgrid Requirements

C43.Prior to issue of a Construction Certificate, the applicant/developer must

submit a survey plan to Ausgrid showing the location of all overhead

powerlines/mains within 5 metres of the proposed development. This drawing

must contain a plan view and elevated view clearly indicating the location of

the overhead mains in relation to the development. The information should be

forwarded to [email protected].

Ausgrid’s Network Standard NS220 Section 13 (available on the internet)

specifies the minimum clearance required between structures and power lines.

Should the existing overhead mains require relocating due to the minimum

safety clearances being compromised, this relocation work would generally be

at the applicant/developer’s cost and via contestability process. It is also the

responsibility of the applicant/developer to ensure the existing overhead mains

have sufficient clearance from all types of vehicles that are expected to be

entering and leaving the site.

Prior to issue of a Construction Certificate, suitable arrangements must be made,

in writing, with Ausgrid for any required works to satisfy the minimum

clearance requirements. The required works shall be implemented prior to issue

of an Occupation Certificate.



Construction and Occupation Certificates, fully satisfy the above.

(Reason: Essential infrastructure)

Street Lighting

C44.The applicant/developer shall upgrade the street lighting on Willoughby

Road, Atchison Street, and Hume Lane adjacent to the site, to the appropriate

standard and to the satisfaction of the Certifying Authority. The developer will

need to engage a lighting consultant to determine whether new lighting is

required to be installed.




mailto:[email protected]


(Reason: Pedestrian safety and amenity)

Service Adjustments

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

facilities must be carried out by the person acting on the consent and in

accordance with the requirements of the relevant utility authority. These works

shall be at no cost to Council. It is the applicant/developer’s full responsibility

to make contact with the relevant utility authorities to ascertain the impacts of

the proposal upon utility services at the appropriate stage of the development

(including water, phone, gas and the like). Council accepts no responsibility

whatsoever for any matter arising from its approval of this application involving

any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Car Stacker

G26.The mechanical stacker must have a minimum service rate of at least 25

vehicles per hour (in and out combined movements).

Prior to the issue of an Occupation Certificate, evidence must be provided to the

satisfaction of the Certifying Authority that the mechanical car stacker has a

minimum service rate of 25 vehicles per hour (in and out combined movements

(Reason: To minimise queuing at rear lane)

Landscape Maintenance Plan

G27.Prior to the issue of any Occupation Certificate, a landscape maintenance

plan must be prepared by a suitably qualified landscape architect or

horticulturalist which provides for the ongoing maintenance of rooftop

plantings.

(Reason: To maintain adequate landscape amenity)

Roof terrace

I14.The roof terrace shall operate in accordance with the following at all times:

The roof terrace may only be used in association with the residential use of the

building, by residents and their guests only. Any use of the roof terrace shall

cease between the hours of 9.00pm and 8.00am, 7 days per week;

No part of the roof terrace (except for lift and stair) may be enclosed. The

canopy shall remain open on the sides; and

The roof terrace shall be free of umbrellas or any other shade devices.

(Reason: Visual and acoustic amenity)

No Resident Parking Permits

I15. No resident parking permits will be provided for residential or retail

occupants of this development in accordance with Council’s Resident Parking

Policy.

(Reason: To manage street parking)

7. IPP06: 29 Milray Avenue, Wollstonecraft (W) - DA 474/15/2

Applicant: Shane Ly

Report of Kim Rothe, Acting Executive Planner

This development application seeks Council’s approval to modify approved

Development application DA474/15 for substantial alterations and additions to

the existing detached dwelling including demolition of front façade, roof, and

various external and internal walls, new front addition, façade and roof, and

excavation for new storage area to basement.

The modification proposal includes a new lych gate, verandah, store room,

internal stairs, shade structure, roof extension, pool reconfiguration, return to


front entry steps, reconfiguration of retaining walls, steps, paths and landscaping

and other associated modifications. Many of the proposed modifications are in

direct response to conditions as imposed due to the considerations of the of the

original report and NSIPP of the 6 July 2016

The amended proposal has been considered against the requirements of NSLEP

2013 and NSDCP 2013. The modified development is generally consistent with

the aims of the zone and the desired future character under the LEP 2013 and

DCP 2013.

Council’s notification of the modified proposal has attracted a total of two (2)

submissions, one being in support of the proposal and the other raising

particular concerns regarding solar access and privacy and structures located on

the boundary. Notwithstanding this, the matter is reported to NSIPP due to the

Councillor call up.

The assessment of the proposal has considered the concerns raised in the

submissions as well as the performance of the application against Council’s

planning requirements. The modifications make limited alteration with regard

the approved built form however many are in direct response to the conditions

which were imposed upon the development consent.

The matters relating to the retractable awning and revised balustrade structure

to the upper terraces are supported due to their lack of inherent impact to the

adjoining property and as such, refinements to conditions C26 and C28 are

recommended to allow the revisions to proceed.

The modified entry proposal to the southern access point and the roof lych gate

structure are supported to the extent that no objection is raised to the gate and

general ground level works. However, the proposed sheltering structure is not

supported and recommended for deletion via a new condition.

Generally, the remaining modifications continue to be in context and is in

keeping with the desired future character of the area. Accordingly, the

application is recommended for approval subject to modification to conditions

as included.



THAT the North Sydney Independent Planning Panel, as the consent authority,

under the provisions of Section 96(2) of the Environmental Planning and

Assessment Act 1979, resolve to grant consent to Development Application

No. 474/15/2 to modify DA474/15 with regard to new lych gate, verandah, store

room, internal stairs, shade structure, roof extension, pool reconfiguration,

return to front entry steps, reconfiguration of retaining walls, steps, paths and

landscaping and other associated modifications to the existing dwelling at No.

29 Milray Avenue, Wollstonecraft, subject to the following modification to the

conditions:

1.To amend Condition A1, C26 and C28, as follows: -

Development in Accordance with Plans (Section 96 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

03a C Demolition Ground Floor

Plan

POC+P Architects 18.05.2016

04a C Demolition First Floor Plan POC+P Architects 18.05.2016

05a C Demolition Basement Plan POC+P Architects 18.05.2016

10 C Proposed Ground Floor Plan POC+P Architects 18.05.2016


11 C Proposed First Floor Plan POC+P Architects 18.05.2016

12 C Proposed Basement Plan POC+P Architects 18.05.2016

13 C Proposed Roof Plan POC+P Architects 18.05.2016

14 C Proposed North + East

Elevations


15 C Proposed South + West

Elevations


16 C Proposed Section A-A POC+P Architects 18.05.2016

17 C Proposed Landscape Plan POC+P Architects 18.05.2016

except where amended by the following conditions and as modified by

highlighting on: (b)Section 96 DA474/15/3 Drawings as per the following table



Balustrade to Rear Upper Deck C26.The existing balustrade to southern side of the rear upper deck is to be set

back in accordance with the revise proposal as detailed in the plans approved

under DA474/15/2 and incorporate a maximum 1.0 metres high solid masonry

planter. At no point is the planter and any adjoining balustrading be less than

500 mm to the southern extent of the terrace.

Plantings to be placed in the planter are to be a species of which has a maximum

mature height spread above the planter top of no more than 200 mm.


Certifying Authority for approval prior to the issue of any amended

Construction Certificate. The Certifying Authority must ensure that the building

plans and specifications submitted, referenced on and accompanying the issued


(Reason: To ensure an adequate level of privacy and amenity is provided to

adjoining property located at No. 27 Milray Avenue, Wollstonecraft)

Vergola to Rear Deck C28.The proposed vergola to the rear upper deck is to be deleted in lieu of the

lightweight and retractable shade sail structure approved under DA474/15/2.






(Reason: To ensure an adequate level of solar access is provided to adjoining

property located at No. 27 Milray Avenue, Wollstonecraft)

2.To insert the following new Conditions C30, I1 and I2 as follows: -

Structure over Side Access

C30.The three metre-high lightweight fibrous cement and timber framing

structure with roof over the southern side access gate is to be deleted from the

approved plans.






Plan

No.

Issue Title Drawn by Received

A3 20 2 Basement Floor Plan Envirotecture 15 June 2017

A3 22 10 First Floor Plan Envirotecture 15 June 2017

L/01 A Landscape Plan Section 96 A Total Concept 13 July 2017

L/02 Sections Section 96 A Total Concept 13 July 2017

L/03 A Elevation Section 96 A Total Concept 13 July 2017


(Reason: To provide a sense of address and clear identification of the dwelling

entrance)

Retractable Shade Sail to Rear Deck I1. The lightweight and retractable shade sail structure approved under

DA474/15/2 is to be maintained as a lightweight structure and to be kept

retracted at all times when the rear terrace is not in use.

The structure is to be maintained as a light weight structure and at no time is the

structure to be made into a permanent awning or vergola structure.



Rear Terrace Southern Planter

I2. The planting within the southern rear terrace planter are to be maintained to

ensure the species contained within a maintained to a mature maximum height

of 200 mm above the planter edge.



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 2 August 2017.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL

MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 2 AUGUST

2017, AT 2.00PM.

PRESENT

Chair:

Jan Murrell in the Chair.

Panel Members:

Francesca O’Brien, Panel Member

Virginia Waller, Panel Member

Michael Harrison, Panel Member

Staff:

Stephen Beattie - Manager Development Services

David Hoy - Team Leader Assessments

Robyn Pearson - Team Leader Assessments

Peita Rose - Governance Officer (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSIPP Meeting of 5 July 2017 were confirmed following that meeting.

2. Declarations of Interest: Nil




3. Business Items

The North Sydney Independent Planning Panel under the Delegated Authority granted by North Sydney

Council and s.377 of the Local Government Act 1993 has considered the following Business Items and

resolves to determine each matter as described within these minutes.

ITEM 1

DA No:

167/17

ADDRESS:

21/ 51-55 Upper Pitt Street, Kirribilli

PROPOSAL:

Alterations and additions to an existing penthouse apartment

REPORT BY NAME:

Christopher Ross

REASON FOR NSIPP

REFERRAL:

Departure from height controls, number of submissions

APPLICANT: Thrum Architects

Public submissions

Nick Juradowitch - Ingham Planning (responding to issues raised by objectors)

Business Item Recommendations

The Council Officer’s Report and recommendation for approval subject to conditions is endorsed by

the Panel.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Francesca O’Brien X Michael Harrison X

ITEM 2

DA No:

102/17

ADDRESS:

137 Carabella Street, Kirribilli

PROPOSAL:

Alterations and additions to an existing 3 storey semi-detached

dwelling including an extension of the existing first floor balcony on

the existing bedroom (ground floor level).

REPORT BY NAME:

Hugh Shouldice, Student Assessment Officer

REASON FOR NSIPP

REFERRAL:

To ensure a fair and equitable decision along the Carabella Street

terrace buildings.

APPLICANT: Susanne Greeves




Public submissions

Tim Stewart - Town Planner


The Council Officer’s report and recommendation for approval subject to conditions is endorsed by

the Panel.





ITEM 3

DA No:

111/17

ADDRESS:

15B Shellcove Road, Kurraba Point

PROPOSAL:

Significant alterations and additions

REPORT BY NAME:

Kerry Gordon, Consultant Town Planner

REASON FOR NSIPP

REFERRAL:

Submitter is a Councillor

APPLICANT: Mark Anthony Tolhurst

Public submissions

John Bradley – Applicant’s Architect

John Oultram - Heritage Consultant

Anthony Kilias - on behalf of Paul Rappaport


The Consultant Planners report for approval is not endorsed by the Panel.

The Panel has determined that the application in its current form be refused for the reasons given below.

The Panel considers that the level of detail in the plans is insufficient having regard to this prime

waterfront location within a conservation area. The Panel is not satisfied that the built form outcome

as submitted would make a positive contribution to the area. However, the Panel is not opposed to a

contemporary replacement dwelling on the subject site provided it interprets elements of the character

of the conservation area such as:

Roof form, for example, a skillion roof (below the current ridge height and not materially having

an impact on the view to the harbour from the adjoining properties). This is considered to be a

better interpretation of the heritage character of the area;




Articulation of the built form, for example, a better resolution of the base of the building which in

the current DA presents too much as a horizontal mass;

Fenestration for example, details of the glazing proportions and masonry elements, location of

mullions/sills, fixed/sliding;

Materials, finishes and colours shown in a sample board. External colours are to be predominately

mid tone;

Architectural detail and resolution for example, deep reveals, eaves overhang, alignment of walls

and 1:20 scale to show quality of detailing;

Sustainability outcomes need to be demonstrated in accordance with NS DCP 2013 Part B Section

13.8;

The Panel encourages the applicant to consider showing an indicative design of the boat shed to

complement the design of the proposed dwelling.

The Panel acknowledges the applicants’ right under Section 82A of the Environmental Planning and

Assessment Act 1979 to submit amended plans to address the matters above.





ITEM 4

DA No:

134/17

ADDRESS:

6 Richmond Avenue, Cremorne

PROPOSAL:

Demolition of the existing attached dual occupancy and the

construction of a multi-dwelling housing development containing 2 x 3

bedroom units and 2 x 4 bedroom units with associated parking and

community title subdivision

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

Variation sought to the building height development standard is

greater than 10%, which requires determination of the application by

the Panel and the level of public interest.

APPLICANT: Revelop Projects Pty Ltd

Public submissions

Anastasia Cauchois – Submitter

Ben Tesoriero - Director of Creative Planning Solutions (on behalf of Anastasia Cauchois-Submitter)

Daniel O’Keefe - Submitter

Anthony El-Hazouri - Director of Revelop Projects (applicant)

Felicia Barnes - PBD Architects





The Council Officer’s report, the addendum and recommendation for approval subject to conditions is

endorsed by the Panel.

The Panel is satisfied that the Clause 4.6 variation to the 8.5 m height control is justified and well

founded in the circumstances of this case.

The Panel notes that the non-compliances with the DCP do not create adverse impacts and are justified

in the circumstances where the design is responding to the heritage conservation requirements. The

merits of this application warrant approval given the context of the site and the zoning and would not

create a precedent.





ITEM 5

DA No:

140/17

ADDRESS:

142 Chandos Street, Crows Nest

PROPOSAL:

Alterations and additions to the existing semi-detached dwelling,

including first floor rear addition.

REPORT BY NAME:

Aloma Moriarty, Assessment Officer

REASON FOR NSIPP

REFERRAL:

Councillor Interest - Application called up by Councillor

Marchandeau and Councillor Beregi

APPLICANT: Red Rock Design

Public submissions

Rory Williams - Submittor

Richard Monckton - Red Rock Design (Applicant)


The Council Officer’s report and recommendation for approval subject to conditions is endorsed by

the Panel.

The Panel notes the 900mm setback to the eastern boundary to the first floor is less than the 1.5 m

guideline provided for in the DCP. However, it is noted that solar access to the adjoining dwelling at

No. 144 Chandos Street is reasonably maintained achieving 5 hours to the primary internal and external

spaces which meets the DCP requirements.








The public meeting concluded at 3.50pm.

The Panel Determination session commenced at 3.55pm.

The Panel Determination session concluded at 5.55pm.

Endorsed by Jan Murrell

North Sydney Independent Planning Panel

2 August 2017

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