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Item _____LPP04______ - REPORTS -______3/10/18_________

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

NSLPP MEETING HELD ON 03/10/18

Attachments:

1. Site Plan

2. Architectural Plans

3. Clause 4.6 Variation

ADDRESS/WARD: 17A Kareela Road, Cremorne Point (V)

APPLICATION No: DA 214/18

PROPOSAL: Additions and alterations including an extension of the first

floor balcony and roof, provision of a garden area at the

dwelling entrance, alterations to the studio room, and provision

of new panelling to gable ends.

PLANS REF: Drawing

Number

Title Drawn by Dated

DA02 Site plan Action Plans 4/9/2018

DA03 Lower ground floor plan Action Plans 4/9/2018

DA04 Ground floor plan Action Plans 4/9/2018

DA05 First floor/studio plan Action Plans 4/9/2018

DA06 Northeast / southwest elevations Action Plans 4/9/2018

DA07 Northwest Elevation Action Plans 4/9/2018

DA08 Garage elevations Action Plans 4/9/2018

DA09 Sections Action Plans 4/9/2018

OWNER:

APPLICANT: Ian Crawford Murray

AUTHOR: Report of Lisa Kamali, Senior Assessment Officer

DATE OF REPORT: 20 September 2018

DATE LODGED: 11 July 2018

RECOMMENDATION: Approval

Report of Lisa Kamali, Senior Assessment Officer

Re: 17A Kareela Road, Cremorne Point

EXECUTIVE SUMMARY

This development application seeks consent from NSLPP for additions and alterations

including an extension of the first floor balcony and roof, provision of a garden area at the

dwelling entrance, alterations to the studio room, and provision of new panelling to gable ends

on land at 17A Kareela Road, Cremorne Point. The subject property adjoins the Cremorne

Reserve which is a Heritage Item, and is located within the Cremorne Point Conservation Area

where it is a Neutral Item.

The application is reported to NSLPP because the proposed new panelling to the gable

ends on the northwest elevation is above the permissible height limit of 8.5m pursuant to

clause 4.3(2) in NSLEP 2013. The noncompliance with the permitted height limit is

greater than 10% requiring determination by NSLPP as directed by the Minister for

Planning.

Consideration has 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 as the proposal does not materially alter the building

envelope or the existing height of the subject building, would have no impact on residential

amenity of neighbours, and would not affect the character or significance of the Cremorne

Point Conservation area or the adjacent Cremorne Reserve.

The remainder of the development is acceptable and would not unduly impact on neighbor

amenity, and would not affect the character or significance of the Cremorne Point Conservation

area or the adjacent Cremorne Reserve.

Council’s notification of the proposal attracted no submissions.

Overall, the proposed development is considered to be satisfactory having regard to the relevant

Environmental Planning Instruments, Development Control Plans and Council policies and is

therefore recommended for approval.

LOCATION MAP

STREET

GREENLANE

ROAD

ROAD

Old CremorneWharf

CREMO

RNE RESERVE78119-121

80

117

40

5

42

47

49

45

43

26

41

24

39

51

37

22

28

33

20

31

27

14-18

30

25

23

(21) 19

32

17A

12

17

15

9

4-8

7

71

73

5

69

81

83

3

5285

54

69A

8756

93-95

58

1

2

6097

62

2

99

44

103105

4

64107

109

6

11168

42A

113

72

3

115

74

7

76

67

SP 32884

1168303

449796

1

4389

B 4

Sec F

SP 5918SP 82382

752067

1201

SP 352

1111641

(Lea

se -

for V

aluati

on pu

rpos

es on

ly)

1

SP 765821

SP 17236

100593

Sec F 2524 6609694150 3900

57

2 Sec C25663575

660437 1

58 793690938072

1 13 9

892

7340

SP 15010

Sec F

1

SP 9574150 SP 3025

SP 4248

59 33815411185956

9114

591

X408396CT 16

1 SP 9910

SP 8485

2

707975

211

SP 4768

SP 17602

3900SP 16022

Sec D

21

SP 37669

775418

19

3900

SP 48819 SP 11563

3900Sec C Sec D

942 3900

10

7341

SP 4231

113989211

1

974547

Sec C

1239

377555

SP 18316

SP 54986

3900 38

3900

Sec C

B Sec C

440398

3900 A12

536907

A

B

SP 11575

SP 37749

1

10

SP 10149

Sec D

36 152 3900

Sec C

9

SP 51760

390014

3900 1635

Sec C

SP 21302131827

1 1

950923

SP 13294

SP 13357

2

SP 33976

3852697

SP 9278

SP 58661

1

Sec D

(Lease - for Valuation purposes only)

Re:

Property/Applicant Submittors - Properties Notified

17A Kareela Road, Cremorne - DA 214/18



DESCRIPTION OF PROPOSAL

The applicant seeks development consent from the North Sydney Local Planning Panel for

additions and alterations including an extension of the first floor balcony and roof, provision

of an extended garden area at the dwelling entrance, alterations to the existing non-self-

contained studio room, and provision of new panelling to the gable ends.

The application has been amended to include new panelling to the gable ends of the garage

(front and rear) in addition to the panelling already shown on the northwest elevation.

In more detail, the proposal includes:

Extension to the existing first floor balcony fronting the Cremorne Reserve, and

associated roof extension with relocated support columns.

Alterations to the existing studio/office including installation of a new bi-folding door

and window and raising of the floor level.

Remedial works, minor widening and floor level increase to the terrace outside the

studio room along with provision of a planter box.

Widening of the existing entry platform to the dwelling and the provision of new

planting.

New panelling to the gable ends of the garage (front and rear elevations), and to the

gable ends of the house on the northwest elevation at first floor level.

The proposed works are shown on Figures 1 - 7 below.

Figure 1: 3D Perspective (Existing and Proposed)



Figure 2: Proposed 3D Perspectives of studio works and works to front entry (existing and proposed)

Figure 3: Proposed Northeast Elevation

Figure 4: Proposed Northwest Elevation



Figure 5: Proposed southwest elevation

Figure 6: Proposed Garage (rear) and Studio Elevation

Figure 7: Proposed Garage (street) elevation

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R2 (Low Density Residential)

Item of Heritage – No

In Vicinity of Item of Heritage – Yes (Cremorne Reserve and Old Cremorne Wharf)

Conservation Area – Yes (Cremorne Point Conservation Area)

FSBL – No



Environmental Planning & Assessment Act 1979

SEPP No. 55 – Remediation of Land

SREP (Sydney Harbour Catchment) 2005

SEPP (Building Sustainability Index – BASIX) 2004

SEPP 19 (Bushland in Urban Areas)

Local Development

POLICY CONTROLS

NSDCP 2013

Sydney Harbour Foreshores and Waterways Area DCP 2005

Figure 8: Land Zoning Map Figure 9: Heritage and Conservation Map

DESCRIPTION OF LOCALITY

The subject site is legally defined as Lot 1 in DP775418, and is known as 17A Kareela Road,

Cremorne Point. The site contains a semi-detached dwelling set over three levels with a

swimming pool to the rear (west) and a garage with an office/studio below fronting Kareela

Road. The other half of the semi is 17 Kareela Road adjoining to the southeast. The subject

building is finished in plaster with a tiled roof. The site and its surrounds can be seen in Photos

1 and 2 below.

The subject property adjoins the Cremorne Reserve to the east which is a Heritage Item, and is

located within the Cremorne Point Conservation Area where it is a Neutral Item. The

surrounding environment is residential in character, comprising a mixture of detached

dwellings, semi-detached dwellings and some apartments.

The site is located within a Bushland Buffer Area (Buffer Area ‘A’) but does not contain any

significant trees.



Photo 1: Aerial photograph of subject site (edged red) and surrounding development

Photo 2: The subject semi-detached dwelling seen from Kareela Road looking east



RELEVANT HISTORY

Previous applications

There is no relevant planning history for the subject site.

Current application

A brief history of the current development application is summarised in the table below:

Date Action

11 July 2018 The subject application was lodged with Council.

19 July 2018 Council wrote to the applicant requesting a Clause 4.6 justification.

1 August 2018 The applicant provided the requested Clause 4.6 justification.

27 July - 10 August

2018

The application was notified to surrounding properties and Cremorne

Point Precinct. No submissions were received.

7 September 2018 The applicant submitted revised plans to include new panelling to the

gable ends of the garage (front and rear) in addition to the panelling

already shown on the northwest elevation. It is noted that Council had not

requested these amendments.

7 September – 18

September 2018

The amended application was notified to the immediate surrounding

properties. No submissions were received.

REFERRALS

Conservation

Council’s Conservation Planner responded with no objection to the proposed development as

set out below.

“1. Heritage status and significance

The site is not identified as a heritage item but is in the vicinity of the heritage listed Cremorne

Reserve. The site is located within The Cremorne Point Conservation Area. The subject

property is identified as a neutral item in the DCP.

2. Heritage Assessment and Recommendations

An assessment of the proposed works at 17A Kareela Road has been undertaken in relation to

Clause 5.10 Heritage conservation of NSLEP 2013, and Section 13 Heritage and Conservation

of NSDCP 2013 as follows:

13.4 Development in the vicinity of heritage items

The eastern elevation of the existing dwelling faces Cremorne Reserve where it is proposed to

square off the existing balcony with materials to match the existing. The existing timber lattice

in the gable will be replaced with vertical timber panels that are in keeping with the character

of the existing dwelling. These changes are of a minor nature and are not visually detracting.

As such, these works will not adversely impact on the heritage significance of Cremorne

Reserve.



NSDCP 13.6 Conservation Areas, and 13.6.2 Form, massing and scale

The installation of the new bi-fold doors, planter box, widening of the walkway for planting

and the installation of glass handrail, would occur on the internal-facing elevations and are in

keeping with the overall form of the existing dwelling. The works relating to the public facing

elevations facing Kareela Road and Cremorne Reserve are of a minor nature and include the

modification of the Cremorne Reserve facing balcony and to the replacement of the all the

lattice, set within the gables with vertical timber panels

4. Conclusions and Recommendations

In conclusion, the proposed works are in keeping with the overall character of the existing

dwelling, are of a minor nature and will not adversely impact on the character and significance

of the Cremorne Point Conservation Area. No objections are raised to the proposal on heritage

grounds. The proposed development is consistent with the heritage requirements and

guidelines contained in NSLEP 2013 and NSDCP 2013.”

Several conditions were recommended relating to no demolition of extra fabric, and colours

and materials (refer to Conditions A3, C5 and E4).

Building

The proposed works the subject of this application have not been assessed in accordance with

compliance with the National Construction Code (NCC). This would need to be undertaken

prior to the issue of a Construction Certificate. Should significant changes be required to

achieve compliance with NCC standards, a Section 4.55 application would be necessary.

SUBMISSIONS

The application was notified to surrounding properties and the Cremorne Point Precinct

between 27 July and 10 August 2018 and the amended plans were notified to the immediate

adjoining neighbours between 7 September and 18 September 2018. No submissions were

received.

CONSIDERATION

Environmental Planning and Assessment Amendment Act 1979 (as amended on 1

March 2018)

The Environmental Planning and Assessment Act 1979 has been amended following the

passing of the Environmental Planning and Assessment Amendment Act 2017 in the NSW

Parliament in November 2017, and the amended Environmental Planning and Assessment Act

1979 commenced on 1 March 2018.

In relation to development assessment and consent provisions, the amendments predominantly

involve renumbering of sections of the Act. S.79C Evaluation becomes s.4.15 Evaluation, with

no change to the provisions in that section.



However, the objects of the Act have been amended and three additional objects have been

included in S.1.3 Objects of Act (formerly S.5 Objects). The objects of the Act are guiding

principles that need to be considered by planning authorities including Council and the North

Sydney Local Planning Panel when making decisions under the Act. The additional objects

are:

(f) to promote the sustainable management of built and cultural heritage (including

Aboriginal cultural heritage);

(g) to promote good design and amenity of the built environment, and;

(h) to promote the proper construction and maintenance of buildings, including the

protection of the health and safety of their occupants.

The principles raised in the additional objects have been considered in the assessment of this

application.

The relevant matters for consideration under Section 4.15(1) of the Environmental Planning

and Assessment Act 1979 (amended 1 March 2018), are assessed under the following headings:

SREP (Sydney Harbour Catchment) 2005

Having regard to the SREP (Sydney Harbour Catchment) 2005 and the Sydney Harbour

Foreshores and Waterways Area DCP 2005, the proposed development is not considered to be

detrimental to the harbour and will not unduly impose upon the character of the foreshore,

given that the building envelope will not be significantly altered, the works are minor in scale

compared with the existing dwelling, and the proposed development would be seen against the

backdrop of existing development.

SEPP 55 – Remediation of Land

The subject site has been considered in light of the above SEPP and the Contaminated Lands

Management Act. It is noted that as the site has been used for residential purposes for many

years and Council’s records do not indicate any likely source of land contamination.

Accordingly, the proposal is considered to be satisfactory having regard to SEPP 55.

SEPP 19 (Bushland in Urban Areas)

The provisions of SEPP 19 require Council to assess the protection and preservation of

bushland within urban areas. Given that the proposed development is minor, in keeping with

the existing dwelling, and no trees would be affected, the proposal is not considered to conflict

with the objectives of SEPP 19 (Bushland in Urban Areas).

SEPP (Building Sustainability Index: BASIX) 2004

The applicant has submitted a valid BASIX certificate (Ref. A312766_02) to satisfy the

requirement of the above SEPP (refer to Conditions C9 and G5).

NORTH SYDNEY LEP 2013

1. Permissibility within the zone

The subject application seeks approval for alterations to an existing semidetached dwelling,

which is a permissible form of development in an R2 Low Density Residential zone.



2. Building Heights

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 170.7m²

Existing Proposed Control Complies

Clause 4.3 – Heights of Building 11m 9.5m* 8.5m No – Clause 4.6

Development

Standard Variation

received.

* The height of new works only, existing building elements above 9.5 metres are unaltered

Under the provisions of Clause 4.3(2), the maximum height of a building permitted on the

subject site is 8.5 metres. Due to the topography of the site, the existing building has a

maximum height of 11 metres, 29% higher than the LEP control. Whilst the height and

building envelope are unaffected by the proposal, the proposed panelling to the gable ends in

the top (first) storey of the dwelling (northwest elevation) extends to a height of 9.5 metres or

11% higher than the LEP control, resulting in a ‘technical’ breech of the height control, in

contravention of Clause 4.3(2) in NSLEP 2013.

The applicant has submitted a written request to justify the proposed variation to the building

height control (refer to Attachment 3). The proposed breach has been assessed in accordance

with the requirements of Clause 4.6(3) and (4), the objectives of the control and the zone.

These matters have been considered below:

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

development on sloping land to follow the natural gradient,

The proposal has no impact on the existing natural landform of the site, as the proposed works

are all to occur above ground level and the existing height and building envelope of the first

floor level of the subject semi-detached dwelling are unaffected.

(b) to promote the retention and, if appropriate, sharing of existing views,

The proposed panelling to gable ends which does not comply with the LEP height control

would have no impact on views from any of the surrounding neighbours, because the existing

height and building envelope of the first floor level of the subject semi-detached dwelling are

unaffected by the development.

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

promote solar access for future development,

The proposed panelling to gable ends which does not comply with the LEP height control

would have no impact on solar access to any of the neighbouring properties because the existing

height and building envelope of the first floor level of the subject semi-detached dwelling are

unaffected by the development.



(d) to maintain privacy for residents of existing dwellings and to promote privacy for

residents of new buildings,

The proposal would not alter the windows within the gable ends to be panelled, and as such

no new privacy impacts would arise from the part of the development above the LEP height

control.

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

The proposed development is compatible with surrounding dwellings, townhouses and

apartment buildings in this low density residential zone as discussed throughout this report.

(f) to encourage an appropriate scale and density of development that is in accordance

with, and promotes the character of, an area.

The scale and density of the existing dwelling is characteristic of the locality, and is not altered

by the proposed development. The proposed alterations to the dwelling are considered to be

in character with existing development around the site.

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

circumstances of the case, and

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

unnecessary as the proposed development would not alter the building envelope of the building,

would have little impact on the streetscape, and would not cause any impact on the amenity of

adjoining properties.

That there are sufficient environmental planning grounds to justify contravening the

development standard.

The proposed works are compatible in scale and form with surrounding developments, and the

dwelling with the new works would still be characteristic of surrounding dwellings within the

conservation area.

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

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

which the development is proposed to be carried out, and

The proposal is considered to be in the public interest because it is consistent with the objectives

of the building height control and the objectives of the R2 Low Density Residential Zone as

discussed below.

3. Heritage Conservation

The subject property adjoins the Cremorne Reserve which is a Heritage Item, and is located

within the Cremorne Point Conservation Area where it is a Neutral Item. Council’s

Conservation Planner has raised no objection to the proposal, subject to conditions as identified

earlier in this report, as the proposed works are in keeping with the overall character of the

existing dwelling, and considered to be of a minor nature and will not adversely impact the

character and significance of the Cremorne Point Conservation Area in accordance with the

objectives of Clause 5.10 (Heritage conservation) in NSLEP 2013.



4. Objectives of the Zone

The following planning objectives apply to a R2 – Low Density Residential Zone:

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

environment.

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

of residents.

• To encourage development of sites for low density housing, including dual occupancies, if

such development does not compromise the amenity of the surrounding area or the natural

or cultural heritage of the area.

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

The proposed extensions and alterations to the subject semi-detached dwelling are considered

to be suitable for the subject site within an R2 Low Density Residential Zone. The development

would provide for improved residential amenity for residents of the subject site, would not

unduly harm the amenity of surrounding properties in terms of privacy, solar access and views,

and would not compromise the amenity of the surrounding area or the character of the adjoining

Heritage Item (Cremorne Reserve) or the Cremorne Point Conservation Area, as detailed

throughout this report.

NSDCP 2013

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

Complies Comments

1.2 Social Amenity

Population Mix No change Residential accommodation within the locality would be maintained. The

proposal would have no impact in terms of housing or population mix. The

proposal on its own would have no impact on the supply of affordable housing

within North Sydney LGA.

Maintaining

Residential

Accommodation

Affordable

Housing

1.3 Environmental Criteria

Topography N/A The proposal will have no impact on the topography of the site given that the

proposed works are above ground level and generally within the existing

building envelope.

Bushland Yes The property is not identified as being in close proximity to bushland (Buffer

Area ‘A), however as the proposed works are minor, there would be no change

to the siting of the dwelling, there would be no material impact on stormwater

runoff, and there would be no loss of vegetation, the proposal complies with

Section 15 (Bushland) in NSDCP.

Bush Fire Prone

Land

N/A The site is not identified as bush fire prone.

Views Yes Views across the site towards the Harbour from the neighbouring property at

19-21 Kareela Road to the northeast of the site would not be materially affected

given that the extended terrace at ground floor level is set behind the building

line of the adjacent balcony in that property, and the adjacent

balcony/wintergarden is to be treated with shutters following full

implementation of DA approval Ref. 173/15/4, restricting views across the site.

Given the scale and siting of the works no other neighbours would be affected,

and the views from the public domain would also not be affected.



Figure 10: Views across the site towards the harbour from 19-21 Kareela Road

will be restricted by approved shutters, indicated by red arrow

Solar Access Yes

The proposal would have no material impact on solar access to any of the

neighbouring properties because the existing height and building envelope of

the subject building is generally unaffected by the development, and the

extended terrace is located to the southwest of the closest neighbour at 19-21

Kareela Road.

Acoustic

Privacy and

Visual Privacy

Yes The proposal is unlikely to materially impact on privacy for any neighbour for

the following reasons:

It is unlikely that the extended terrace at ground floor level would overlook

the adjacent balcony/wintergarden or the balcony below at 19-21 Kareela

Road as the southern side of this building will be treated with shutters

following full implementation of DA approval Ref. 173/15/4 (refer to

Figure 10 above), restricting any overlooking from the subject site.

The existing terrace has an area of approximately 14.5 sq.m, and the

proposal would increase its area by approximately 4 sq.m to total 18.5

sq.m. It is unlikely that this small increase in size would result in the use

of the terrace altering significantly. Consequently, there is unlikely to be

significantly more noise generated by the extended terrace.

Given the scale and the siting of the other works proposed within the

application, including the works to the studio which faces the rear of the

subject dwelling only, there would be no other privacy impacts.

1.4 Quality built form

Context

Streetscape

Form Massing

Scale

Built Form

Character

Yes The proposed development, which is minor in scale and generally within the

existing building envelope, is compatible to the scale and extent of

development in the vicinity of the site. Whilst the new vertical paneling to the

gable ends on the northwestern elevation is above the 8.5 metre LEP height

development standard for the site, the proposal will not alter the height or first

floor roof form of the subject building.

It is acknowledged that the provision of the new vertical paneling to gable ends

on the garage and main dwelling would result in these not matching the existing

latticework style treatment to the remainder of the dwelling and the other half

of the semi at 17 Kareela Road, however the scale and form of the building

would remain generally unchanged and the vertical paneling is considered

more appropriate within the Conservation Area than the lattice type treatment.

Council’s Conservation Planner has confirmed no objection to the proposal,

and considers the proposal to be acceptable within the Conservation Area and

adjacent to the Heritage Listed Cremorne Reserve.

Siting No change The proposal will not alter the siting of the existing building.

Building

Setbacks –

Front and Rear

No change

The proposal, which does not alter the siting or height of the building, will

result in no change to the existing front and rear setbacks of the building.



Building

Setbacks –sides

No

(acceptable

on merit)

The first floor proposed balcony extension is located 1 meter away from the

boundary, which does not comply with the 1.5 metre setback requirement.

However, given that there would be no material amenity impacts as discussed

in this report, the separation between buildings would be retained, and the

works would not materially increase the scale and bulk of the building due to

the open nature of the terrace, the non-compliance is acceptable.

The proposed works comply with the side setback requirements in relation to

the southeastern boundary adjoining 17A Kareela Road.

Dwelling Entry No change The application proposes no change to the location of the existing front entry

from Kareela Road, which is easily identifiable.

Roofs Yes The proposal involves a small addition to the roof form above the extended

terrace, and this would match the existing room form, which is acceptable.

Dormers Yes The proposal involves no new dormers, and the vertical panelling to the gable

ends of the dormers on the dwelling is acceptable as discussed throughout this

report.

Materials and

Colours

Yes Materials and colours are to match the existing building. Council’s

Conservation Planner is satisfied that the proposal is acceptable subject to a

condition relating to materials and colours within the conservation area (refer

to Condition C5).

Front Fences No change The front of the property is well landscaped and there is no front fence. No

changes to this part of the site are proposed.

1.5 Quality Urban Environment

Safety and

Security

No change The application proposes no change to the location of the existing front entry

from Kareela Road, which is easily identifiable. Given the topography of the

site there is limited passive surveillance of the street, however the application

does not worsen the situation.

Vehicle Access

and Parking

No change The site currently has garaging for two cars fronting Kareela Road and no

alterations to the garaging or quantum of parking is proposed.

Site Coverage,

Landscape

Area, Un-built

upon area

No

(acceptable

on merit)

Proposed site coverage, unbuilt upon area and landscaped areas are set out and

discussed below.

Site Area

385.4 sq.m

Existing Proposed

Control Complies

Site

Coverage

61.8% 62.9% 50%

(max)

No*

Landscaped

Area

5.4% 5.8%

30% (min) No**

Unbuilt

Upon Area

32.8% 31.3%

20%

(max)

No**

* The existing site coverage of 61.8% is already significantly higher than the

50% maximum for the site, and the proposed extension to the terrace increases

the non-compliance by 1.1%, or 4 sq.m. Given that the increase is only 4 sq.m

and involves a small extension to an existing open terrace, over an existing

paved area, the proposed site coverage is acceptable on balance when

considered against the objectives for the control, for the reasons set out below:

- The scale and bulk of the building would not be materially increased

as the extended patio is open and largely cantilevered over the paved

area below.

- The proposal would not reduce landscaped area, and the paved area

under the extended patio would still be useable as private open space.

- The development is consistent with the character statement for the

area and Council’s Conservation Planner has no objection.

** The existing landscaped area is well under the DCP requirement and the

existing un-built upon area is also over the maximum specified. The

development would slightly increase the landscaped area with a consequential

small decrease in un-built upon area, and given that existing non-compliances

are not exacerbated this is acceptable on balance.

Excavation Yes Negligible excavation is proposed for the extended deck support column

only. Conditions for sediment control are proposed (refer to Conditions C3

and E11).



Landscaping Yes No significant changes to the existing landscaping on the site are proposed.

The proposal incorporates some new planting to the front of the main entrance

to the dwelling, which is supported. No trees would be affected.

Front Gardens No change The small area of landscaping fronting Kareela Road is to remain unaltered by

this proposal. There is little opportunity for additional landscaping given that

the frontage of the site is dominated by existing garages.

Garbage

Storage

No change This application proposes no alteration to the existing garbage storage

arrangements.

1.6 Efficient Use of Resources

Energy

Efficiency

Yes Valid BASIX certificate has been provided, demonstrating efficient use of

resources (refer to Conditions C9 and G5).

DCP CHARACTER STATEMENTS - Section 7: Neutral Bay Planning Area

7.2 Neutral Neighbourhood

The desired future character for the Neutral Neighborhood Area is predominantly low density

housing with pockets of multi dwelling housing and residential flat buildings. The proposed

development is considered to be compatible with this desired future character.

Suitability of the Site for the Proposed Development

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

with the characteristic built form within the locality with no unreasonable impacts on the

amenity of the neighbouring properties or the streetscape.

Public Interest

The proposal is considered to be satisfactory and any approval of the subject application

would not be contrary to the public interest.

Section 7.11 Contribution

The proposed development does not attract a Section 7.11 contribution given that the number

of dwellings on the site is unchanged by this application.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

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

this report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls YES

2. Policy Controls YES

3. Design in relation to existing building and YES

natural environment

4. Landscaping/Open Space Provision YES

5. Traffic generation and Carparking provision YES

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining YES

development (Views, privacy, overshadowing, etc.)



8. Site Management Issues YES

9. All relevant S79C considerations of YES

Environmental Planning and Assessment (Amendment) Act 1979

CONCLUSION & REASONS

This development application has been assessed against the North Sydney Local

Environmental Plan 2013, the North Sydney Development Control Plan 2013 and the relevant

State Planning Policies and found to be satisfactory in the site circumstances.

Consideration has 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 as the proposal does not materially alter the building

envelope or the existing height of the subject building, would have no impact on residential

amenity of neighbours, and would not affect the character or significance of the Cremorne

Point Conservation area or the adjacent Cremorne Reserve.

The remainder of the development involves a non-compliance with site coverage requirements,

however this would not result in material amenity impacts on neighbor amenity, would not be

apparent to the casual observer, and would not affect the character or significance of the

Cremorne Point Conservation area or the adjacent Cremorne Reserve, and is thus acceptable

on balance.

Overall, the proposed development is considered to be satisfactory having regard to the relevant

Environmental Planning Instruments, Development Control Plans and Council policies and is

therefore recommended for approval.

How community views were taken into account in making the decision

The proposal was notified and advertised in accordance with Part A, Section 4 Notification of

Applications of North Sydney DCP 2013. No submissions were received following this

notification. Nevertheless, appropriate conditions of consent have been recommended to

preserve residential amenity

RECOMMENDATION

PURSUANT TO SECTION 4.16 OF ENVIRONMENTAL PLANNING AND

ASSESSMENT ACT 1979 (AS AMENDED)

THAT the North Sydney Local Planning Panel assume the concurrence of the Director General

of the Department of Planning and invoke the provisions of Clause 4.6 in NSLEP2013 with

regards to the non-compliance with Clause 4.3 (Building Height) and grant consent to

Development Application No.214/18 for additions and alterations including an extension of

the first floor balcony and roof, provision of a garden area at the dwelling entrance, alterations

to the studio room, and provision of new panelling to gable ends at 17A Kareela Road,

Cremorne Point, subject to the attached conditions:-

Lisa Kamali Robyn Pearson

SENIOR ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS)

Stephen Beattie

MANAGER OF DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

17A KAREELA ROAD, CREMORNE

DEVELOPMENT APPLICATION NO. 214/18

A. Conditions that Identify Approved Plans

Development in Accordance with Plans/documentation

A1. The development must be carried out in accordance with the following drawings and

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

by the following conditions of this consent.

Drawing

Number

Title Drawn by Dated

DA02 Site plan Action Plans 4/9/2018

DA03 Lower ground floor plan Action Plans 4/9/2018

DA04 Ground floor plan Action Plans 4/9/2018

DA05 First floor/studio plan Action Plans 4/9/2018

DA06 Northeast / southwest elevations Action Plans 4/9/2018

DA07 Northwest Elevation Action Plans 4/9/2018

DA08 Garage elevations Action Plans 4/9/2018

DA09 Sections Action Plans 4/9/2018

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

accordance with the determination of Council, Public Information)

Plans on Site

A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction

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

any officer of Council or the Principal Certifying Authority.

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

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

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

accordance with the determination of Council, Public Information and

to ensure ongoing compliance)

No Demolition of Extra Fabric

A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

ATTACHMENT TO LPP04 - 3/10/18


DEVELOPMENT APPLICATION NO. 214/18 Page 2 of 16

September 2013 v1

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

Dilapidation Report Damage to Public Infrastructure

C1. A dilapidation survey and report (including photographic record) must be prepared by

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

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

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

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

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

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

Construction Certificate.

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

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

existing under the requirements of this condition.

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

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

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

carrying out of the development is rectified.

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

Council by the Certifying Authority with submission of the Construction Certificate

documentation.

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

commencement of construction)

Structural Adequacy of Existing Building

C2. A report prepared by an appropriately qualified and practising structural engineer,

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

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

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

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

methodology to be employed in construction phases to achieve the above

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

times.

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




September 2013 v1

Sediment Control

C3. Where construction or excavation activity requires the disturbance of the soil surface

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

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

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

or a suitable and effective alternative method.

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

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

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

disclose:

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

processes;

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

c) Sedimentation tanks, ponds or the like;

d) Covering materials and methods; and

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

control works or devices to be installed and maintained.

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

construction.

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

plan.

The Certifying Authority must ensure that the building plans and specifications

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

satisfy the requirements of this condition.

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

erosion from development sites)

Waste Management Plan

C4. A Waste Management Plan is to be submitted for approval by the Certifying Authority

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

limited to:

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

and operation phases of the development;




September 2013 v1

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

c) Administrative arrangements for waste and recycling management during the

construction process.

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

carrying out of the development.

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

waste)

Colours, Finishes and Materials (Conservation Areas)

C5. The finishes, materials and exterior colours shall be complementary to the

architectural style of the original building and sympathetic to the character of the

Conservation Area. A schedule of finishes, materials and external colours shall 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 fully satisfy the requirements of this condition prior to

the release of the Construction Certificate.

(Reason: To ensure that the completed colours, finishes and materials are

complementary to the Conservation Area.)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and

Gutter, Footpaths, Vehicular Crossing and Road Pavement

C6. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $2,000 to be held by Council for the

payment of cost for any/all of the following:

a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates,

b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls)

required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after

the work is completed.

The security required by this condition and in the schedule contained later in these

conditions must be provided by way of a deposit with the Council; or other such

guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee

provided as security must name North Sydney Council as the nominated beneficiary

and must not be subject to an expiry date.


http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#environment

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#control



September 2013 v1

The security will be refundable following the expiration of 6 months from the issue of

any final Occupation Certificate or completion of public work required to be

completed (whichever is the latest) but only upon inspection and release by Council’s

Engineers.

Council shall have full authority to make use of the bond for such restoration works as

deemed necessary by Council in circumstances including the following: -

where the damage constitutes a hazard in which case Council may make use of

the security immediately;

the applicant has not repaired or commenced repairing damage within 48 hours

of the issue by Council in writing of instructions to undertake such repairs or

works;

works in the public road associated with the development are to an

unacceptable quality; and

the Certifying Authority must ensure that security is provided to North Sydney

Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure)

Asbestos Material Survey

C7. A report must be prepared by a suitably qualified person in relation to the existing

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

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

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

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

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

following:

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

contractor;

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

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

material containing asbestos and any Work Safe Australia requirements.

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

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

boundary of the site; and

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

of correct disposal of asbestos laden waste.

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

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

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

Certificate, fully satisfy the requirements of this condition.

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

building is not put at risk unnecessarily)




September 2013 v1

Security Deposit/ Guarantee Schedule

C8. All fees and security deposits/ guarantees in accordance with the schedule below must

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

Security deposit/ guarantee Amount ($)

Street Tree Bond (on Council Property)

Footpath Damage Bond $2,000.00

Others

TOTAL BONDS $2,000.00

The security required by the above schedule must be provided by way of a deposit

with the Council; or other such guarantee that is satisfactory to Council (such as a

bank guarantee). Any guarantee provided as security must name North Sydney

Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)

BASIX Certificate

C9. 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. (A312766_02) for the development are fulfilled. Plans and

specifications complying with this condition must be submitted to the Certifying

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

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

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

requirements of this condition.

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

requirements for sustainability and statutory requirements)

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

Protection of trees

D1. All trees in the vicinity of the proposed works must be maintained and protected

during construction of the approved development in accordance with AS4970-2009

(Protection of trees on development sites).

(Reason: To retain tree cover on and around the site)




September 2013 v1

Public Liability Insurance – Works on Public Land

D2. Any person or contractor undertaking works on public land must take out Public Risk

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

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

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

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

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

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

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

evidence of insurance upon lodgement of the application.)

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

damages arising from works on public land)

Commencement of Works Notice

D3. Building work, demolition or excavation in accordance with this development consent

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

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

excavation in accordance with this development consent.

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

commencement of any building work, demolition or excavation)

E. During Demolition and Building Work

Cigarette Butt Receptacle

E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

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

Parking Restrictions

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

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

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

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

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

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

enforcement by Council regulatory officers.

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

compromised during works)




September 2013 v1

Road Reserve Safety

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

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

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

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

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

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

construction site.

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

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

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

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

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

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

the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Removal of Extra Fabric

E4. Should any portion of the existing building, trees, or curtilage of the site which is

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

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

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

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

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

if necessary.

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

Dust Emission and Air Quality

E5. The following must be complied with at all times:

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

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

covered.

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

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

guidelines - Managing Urban Stormwater: Soils and Construction.

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

to prevent nuisance occurring at adjoining properties.

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




September 2013 v1

Noise and Vibration

E6. The works must be undertaken in accordance with the “Interim Construction Noise

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

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

experienced on any adjoining land.

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

Developer's Cost of Work on Council Property

E7. The developer must bear the cost of all works associated with the development that

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

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

No Removal of Trees on Public Property

E8. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

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

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

(Reason: Protection of existing environmental infrastructure and community

assets)

Special Permits

E9. Unless otherwise specifically approved in writing by Council, all works, processes,

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

occur entirely on the property.

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

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

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

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

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

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

notice is required for any permit: -

1) On-street mobile plant

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

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

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

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

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

(Reason: Proper management of public land)




September 2013 v1

2) Hoardings

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

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

a permit for the occupation of Council’s property.


3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building materials and

building waste containers (skips) are required for each location. Failure to

obtain the relevant permits will result in the building materials or building

waste containers (skips) being impounded by Council with no additional

notice being given. Storage of building materials and waste containers on open

space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the

development. Should alteration of existing kerbside restrictions be required,

or the provision of a construction zone, the appropriate application must be

made and the fee paid to Council. Alternatives to such restrictions may

require referral to Council’s Traffic Committee and may take considerable

time to be resolved. An earlier application is suggested to avoid delays in

construction programs.


Construction Hours

E10. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm

inclusive, with no work on Sundays and Public Holidays.

Demolition and excavation works must be restricted to within the hours of 8.00 am to

5.00 pm Monday to Friday only. For the purposes of this condition:

a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of

service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition works” means any physical activity to tear down or break up a

structure (or part thereof) or surface, or the like, and includes the loading of

demolition waste and the unloading of plant or machinery.




September 2013 v1

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, rock breakers, excavators, loaders, or the like, regardless of

whether the activities disturb or alter the natural state of the existing ground

stratum or are breaking up/removing materials from the site and includes the

unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact

telephone number, which is to be clearly visible and legible from any public place

adjoining the site.

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

expectations of residents and the community)

Installation and Maintenance of Sediment Control

E11. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with

the Construction Certificate.

Erosion and sediment measures must be maintained in accordance with the

publication Managing Urban Stormwater: Soils & Construction (4th edition,

Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed

when development activities have been completed and the site fully stabilised.

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

erosion from development sites)

Site Amenities and Facilities

E12. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction

safety regulations, including any WorkCover Authority requirements, must be

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

amenities required.

Further information and details can be obtained from the Internet at

www.workcover.nsw.gov.au

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

site)




September 2013 v1

Health and Safety

E13. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to

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

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

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

Further information and details regarding occupational health and safety requirements

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

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

site)

Prohibition on Use of Pavements

E14. Building materials must not be placed on Council's footpaths, roadways, parks or

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

this effect must be erected adjacent to the street alignment.

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

Plant & Equipment Kept Within Site

E15. All plant and equipment used in the undertaking of the development/ works, including

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

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

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

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

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

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

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

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

Waste Disposal

E16. All records demonstrating the lawful disposal of waste must be retained and kept

readily accessible for inspection by regulatory authorities such as North Sydney

Council and the Environmental Protection Authority.

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


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



September 2013 v1

Asbestos Removal

E17. All demolition works involving the removal and disposal of asbestos cement must

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

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

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

Health and Safety Commission.

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

WorkCover requirements)

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

relevant Legislation

National Construction Code

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

National Construction Code.

(Reason: Prescribed - Statutory)

Home Building Act

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

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

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

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

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

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

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

appointed:

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

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

6 of that Act, or

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

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

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

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

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

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

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

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

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

Council written notice of the updated information.




September 2013 v1

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

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

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

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

Part.


Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying

Authority for the building work in accordance with the provisions of the EP&A Act

and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or

excavation)

Construction Certificate

F4. Building work, demolition or excavation in accordance with the development consent

must not be commenced until a Construction Certificate for the relevant part of the

building work has been issued in accordance with the provisions of the EP&A Act and

its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or

excavation)

Occupation Certificate

F5. A person must not commence occupation or use of the whole or any part of a new

building (new building includes an altered portion of, or an extension to, an existing

building) unless an Occupation Certificate has been issued in relation to the building

or part. Only the Principal Certifying Authority appointed for the building work can

issue an Occupation Certificate.

(Reason: Statutory)

Demolition

F6. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate

professional standards.




September 2013 v1

2) All excavations associated with the erection or demolition of a building must

be properly guarded and protected to prevent them from being dangerous to

life or property.

3) Demolition work must be undertaken in accordance with the provisions of

AS2601- Demolition of Structures.

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

manner and protect adjoining property and persons from potential

damage)

Site Sign

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

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

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

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

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

and

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

Certifying Authority for the work.

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

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


G. Prior to the Issue of an Occupation Certificate

Infrastructure Repair and Completion of Works

G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

a. in the road reserve must be fully completed; and

b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not

limited to, delivery vehicles, waste collection, contractors, sub contractors,

concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)




September 2013 v1

Damage to Adjoining Properties

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

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

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

purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected)

Utility Services

G3. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to

Council.

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

Asbestos Clearance Certificate

G4. For building works where asbestos based products have been removed or altered, an

asbestos clearance certificate signed by an appropriately qualified person (being an

Occupational Hygienist or Environmental Consultant) must be submitted to and

approved by the Certifying Authority (and a copy forwarded to Council if it is not the

Certifying Authority) for the building work prior to the issue of any Occupation

Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or

b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all

asbestos waste has been disposed of at an approved asbestos waste disposal depot. If

asbestos is retained on site the certificate must identify the type, location, use,

condition and amount of such material.

Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au

(Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants)

BASIX Completion Certificate

G5. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying

Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate)


47.1

46.0

49.6

40.5

39.6

41.1

23.6

50.7

50.1

50.8

48.2

54.6

50.7

51.2

41.9

49.2

19.939.4

24.4

40.0

4.7

36.4

48.3

39.8

57.7

34.9

34.4

35.5

25.3

22.8

23.7

29.2

27.7

30.9

49.3

48.8

49.4

49.8

50.0

51.1

44.8

38.9

45.5

43.0

47.7

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30.4

34.1

35.6

35.5

39.5

32.4

35.8

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49.3

37.8

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44.4

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29.1

23.8

21.9

31.5

24.9

30.3

26.8

28.2

32.2

39.9

29.439.2

42.1

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63

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65

40

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42

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2853

33

20

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55

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49

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34211SP 32884

1168303

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(Lease - for Valuation purposes only)

Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based on information contained in this map without first checking details held by the responsible Government authority.

Further details can be obtained by calling (02) 9936 8100 or e-mail [email protected].

North Sydney Council


Idn and Didne Murroy77A Køreela Road

Cremorne Point NSW 2090L't August 2018

General Manager

North Sydney Council

200 Miller Street

North Sydney NSW 2060

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Attention: Ms Lisa Kamali, Senior Assessment Officer

Re: Development Application zl4lLg for l7A Kareela Road cremorne point

Clause 4.6 Variation to a Development StandardNORTH SYDNEY tOCAt ENVIRONMENT PI.AN 2012Written application providing grounds for variation to devetopment standards.

HEIGHT STANDARD - CIAUSE 4.3 NORTH SYDNEY tEP 2013

This request is well founded and willjustify that the development standards relating to buildingheights are unreasonable and unnecessary in this instance. Due to the fact that the.existing buildingexceeds the maximum building height. The roof does not create adverse impacts in terms ofprivacy, solar access and views enjoyed by adjacent properties. The building has not been alteredsince its reconstruction in L983 and no height increases have been made since its originalconstruction in the 1920's {see attached). No objections have ever been received from neighbours.

Relevant Standard to be varied:

Height of Buildings - Clause 4.3 of North Sydney LEp 2013

Objectives of the Standard:

(a) To promote development that conforms to and reflects natural landforms, by steppingdevelopment on sloping land to follow the natural gradient,

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

(c) To maintain solar access to existing dwellings, public reserves and streets and to promotesolar access for future devetopment,

(d) To maintain privacy for residents of existing dwellings and to promote privacy for residentsof new buildings,

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

(f) To encourage an appropriate scale and density of development that is in accordance with,

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and promote the character of, an area


Maximum Height of Building in North Sydney [Ep 2013 -8.5m

Proposed Maximum Building Height

Existing building Heíght LL.Zn above lower entry and estimated to be less than Bm above theupper (main) entry.

Nature of the Variation:

Given the Development Application 2t4/L8 requests replacement of existing panelling there isno additional encroachment of the building height. However, the current roof form of theexisting dwelling to be retained also exceeds the maximum building height of 8.5m. The highestpoint of the building remains the same as prior to the replacement of panelling..

Objectives of the 4.6 Exceptions clause:

L. The objectives of this clause are: (a) to provide an appropriate degree of flexibility inapplying certain development standards to particular development and (b)to achieve betteroutcomes for and from development by allowing flexibility in particular circumstances.

2. Development consent may, subject to this clause, be granted for development even thoughthe development would contravene a development standard imposed by this or any otherenvironmental planning instrument.

ls the objection to the Standard wellfounded?

Original Council approval for design and construction of this property was granted whenreconstruction occurred in the 1.980's. Since that time the building has not been altered and noobjections have been received from neighbours. Consequently it has complied with Councilregulations until North Sydney Council introduced the North Sydney LEp 20j.3.

This Development Application is in respect of refurbishing the existing panelling. The work willnot in any way change the height, shape or nature of the building.

This request for a variation to the height of building standard demonstrates that the proposedDA is supportable.

Conclusion

It is considered that the development will not compromise the planning intent for the site or thecharacter and amenity of the surrounding area. The objection is well founded and has justifiedthat the development standards relating to building height are unreasonable and unnecessary inthis instance. This request for a variation to the height of buildings standard demonstrates thatthe proposed building height is supportable.

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