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Item ___IPP02________ - REPORTS -_______06/08/2014________
N O R T H S Y D N E Y C O U N C I L R E P O R T S
NSIPP MEETING HELD ON 06/08/2014
Attachments:
1. Site Plan
2. Original DA approved drawings
3. Proposed amended drawings
4. Report to Council 18/2/13
ADDRESS/WARD: 26 Morton Street, Wollstonecraft (W)
APPLICATION No: DA 271/12/2
PROPOSAL: To modify a consent for the erection of a double carport, to
accommodate a gym, bathroom and laundry under the carport, and
associated landscape works
PLANS REF: Drawings numbered S96-01 (D), S96-02 (D), S96-04 (D), S96-05
(D), S96-06 (D) & S96-09 (D), dated 18/3/14, drawn by Peter
Dalton Architects, and received by Council on 31/3/14 and S96-
03 (E), S96-07 (E) & S96-08 (E), dated 18/5/14, drawn by Peter
Dalton Architects, and received by Council on 19/5/14
OWNER: Cecilia Wing-Sze Shanahan
APPLICANT: Matthew Shanahan
AUTHOR: Susanna Cheng, Senior Assessment Officer
DATE OF REPORT: 28 July 2014
DATE LODGED: 31 March 2014
AMENDED: 19 May 2014
RECOMMENDATION: Approval
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Report of Susanna Cheng, Senior Assessment Officer Page 2
Re: 26 Morton Street, Wollstonecraft
EXECUTIVE SUMMARY
This application under Section 96(2) of the Environmental Planning and Assessment Act 1979
seeks to modify Council’s consent for a double carport so as to create an excavated basement
level containing a gym, bathroom and laundry, and associated landscape works. The
development is considered to be substantially the same as the approved development as the
structure will remain ancillary to a duplex within the site, and its aboveground envelope and
streetscape and amenity impacts will be similar to that approved.
The application is reported to the North Sydney Independent Planning Panel for determination as
the original determination was made by full Council against officer’s recommendation to delete
the carport and relates to DA86/14 also reported to the Panel.
The property is a heritage item of local significance and is part of a row of five heritage items of
similar form and character other than the carport approved under DA271/12 for the subject site.
Approval was granted in 2007 for erection of a carport within the front setback of No.18 Morton
Street. The dwelling group otherwise have open garden settings with low masonry or timber
fencing.
The proposed modifications to the carport are not supported by Council’s Conservation Planner
on the grounds that they will result in an increased and serious detrimental impact of the structure
on the heritage item and its group. The proposal is contrary to several of the objectives and
provisions of DCP in terms of its location in the front, significant part of the dwelling and its
group, its lack of ability to be reversed.
The advice of the Conservation Planner has been given considerable weight; however, on balance
and only in the particular circumstances of the case in which there is an existing and active
Council approval for an uncharacteristic element within the front setback of the site, the
proposed modification is nevertheless assessed to be satisfactory.
The proposed changes to the approved carport will result in new work below the approved
structure and have limited visibility from the street. The proposal would not present any
significant additional impact to the integrity of the heritage row when compared to the approved
structure. The proposed modifications therefore would not present any greater impact and would
remain an ancillary outbuilding associated with the main building.
Council’s notification of the proposal has attracted no submissions.
Following this assessment the application to modify Council’s consent is considered to be
reasonable in the circumstances and is recommended for approval.
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Report of Susanna Cheng, Senior Assessment Officer Page 3
Re: 26 Morton Street, Wollstonecraft
LOCATION MAP
Property/Applicant Submitters - Properties Notified
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Report of Susanna Cheng, Senior Assessment Officer Page 4
Re: 26 Morton Street, Wollstonecraft
DESCRIPTION OF PROPOSAL
The proposal is for modifications to a double carport structure approved under DA271/12 (not yet
constructed), to create an excavated basement level under the carport containing a gym, bathroom
and laundry, and associated retaining walls and landscape works (Figure 1).
Figure 1 – Additions to carport will be under the approved carport & below street level
STATUTORY CONTROLS
NSLEP 2013
Zoning – R3 Medium Density Residential
Subdivision lot size – 230m2
Height of building – 8.5m
FSR – None specified
Item of Heritage – Yes (I1105)
In Vicinity of Item of Heritage – Yes (No’s. 18, 20, 22 & 24 Morton Street)
Conservation Area – No
FSBL – No
Environmental Planning & Assessment Act 1979
SEPP No. 55 – Contaminated Lands
SREP (Sydney Harbour Catchment) 2005
Local Development
POLICY CONTROLS
NSDCP 2013
DESCRIPTION OF LOCALITY
The site is located on the western side of Morton Street, between Rocklands Road and Hazelbank
Road. The site is generally rectangular in shape, with a frontage to Morton Street of 15.86 metres
and a variable length between 44 and 48.39 metres. The allotment falls some 4m from the street
to the rear. The site has an area of 704m2.
The site is occupied by a 1- & 2-storey duplex within a garden setting, with a driveway along the
southern boundary (Figures 2 to 6).
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Report of Susanna Cheng, Senior Assessment Officer Page 5
Re: 26 Morton Street, Wollstonecraft
Figure 2 – Site Figure 3 – Rear garden
Figure 4 – Side yard within northern setback
Figure 5 – Location of approved carport
Figure 6 – Driveway along southern boundary
The site is the northernmost property within a heritage listed row of five dwellings known as
Morton Street Federation Houses Group. Surrounding development is predominantly residential,
including 2-storey villas and walk-up flat buildings.
CHECKING OF PLANS
This application has been checked as against the approved drawings to ensure that the changes
being sought are the only changes included in the submitted plans.
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Report of Susanna Cheng, Senior Assessment Officer Page 6
Re: 26 Morton Street, Wollstonecraft
RELEVANT HISTORY
Unauthorised works (2003)
The single dwelling was converted to a duplex in 2003 through the unauthorised excavation of a
basement storey. The works were the subject of a Penalty Infringement Notice issued by Council.
A Building Certificate was lodged on 15/6/05; however, due to the extent of work, being
extensive subfloor excavation and creation of a 2 storey dwelling, a Building Certificate could not
be issued until after a Development Application was determined.
Duplex development (2006)
Development application DA614/05 was lodged on 23/12/05 for the creation of a duplex
development and alterations and additions to the existing dwelling, including a 2-storey rear
addition with enclosed balconies and creation of a habitable floor space within the attic, and car
parking located in the southern side driveway. The DA was approved by Council on 30/5/06.
Council granted consent to modify the development on 11/2/08, including reconfiguration of the
attic floor plan and an increase in size of the Velux attic window on the western elevation
(DA614/05/2).
The property changed owners in 2010.
Carport approval (2013)
On 18/2/13 Council granted consent to DA271/12 for the erection of a double carport including
removal of a tree, construction of a new driveway crossover and new automated vehicular gates,
and erection of a rear deck off an existing loft including roof extension (Attachment 2).
The part of the application relating to the carport was approved against the Assessment Officer’s
recommendation, principally on heritage grounds. The officer’s report to Council recommended
that the application be approved subject to conditions to delete the carport and hardstand, to retain
an existing Phoenix Palm tree (Attachment 4). Council’s Tree Preservation Officer approved
removal of the tree under a separate Tree Preservation Order process.
Subject DA271/12/2
The subject DA was lodged on 31/3/14. Additional information in relation to site survey levels
and section drawings was requested on 2/4/14, and received by Council on 19/5/14.
Attic DA86/14
At the time of lodgement of the subject section 96 application, Council received an application
DA86/14 to make alterations and additions to the roof attic of the duplex building, including
deletion of the laundry. The currently proposed laundry in the carport basement would replace
the attic laundry proposed to be deleted under DA86/14, which is being assessed concurrently
with the subject section 96 application.
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Report of Susanna Cheng, Senior Assessment Officer Page 7
Re: 26 Morton Street, Wollstonecraft
REFERRALS
Building
The proposal was discussed with Council’s Senior Building Surveyor who advised the proposed
basement level to the carport is able to comply with the Building Code of Australia. Conditions
included in the consent notice provide for BCA compliance; no additional conditions are
required.
Heritage
The application was referred to Council’s Conservation Planner who has identified the site has a
Heritage Item listed in Schedule 5 of NSLEP 2013. The site is located within a row of heritage
items from No’s. 18 to 26 Morton Street; however, is not within a conservation area. The site is
described as follows:
The property contains one of a group of five houses of similar design from the same
period. No. 26 Morton Street is an originally single storey, face brick Federation
Queen Anne style house with hipped and gabled terracotta tile roof with rendered
chimneys with brick cappings. It is double fronted, with a gabled projecting bay
flanking a timber verandah supported on a timber pier with a swept timber valence and
sandstone capping to brick balustrades. The dwelling was converted to a duplex in
2006 through the unauthorised excavation of a basement storey. The original part of
the dwelling is largely intact externally, and a two storey addition has been
constructed at the rear. A driveway exists at the south of the dwelling, giving access to
the rear of the dwelling. The upper level apartment currently contains four bedrooms,
a study, plus a large attic room with ensuite. The lower apartment contains four
bedrooms plus living areas.
It is significant for being “An example of a single storey house in the Federation
Arts and Crafts style that forms part group of five similar houses. One of Morton
Street Federation Houses Group”.
It is located within a group of heritage items at 18- 26 Morton Street, known as the
Morton Street Federation Houses Group, that are significant for being: “This
group of five Federation houses survive from the first residential subdivision of
this part of Wollstonecraft and are typical of this developmental period. They
exemplify the type of building development traditionally characteristic of this
area, and are each a good, though unexceptional, example of their style. The Arts
& Crafts style juxtaposed with the restrained Queen Anne style indicates that
these were contemporary styles with a similar social acceptability. Few similar
groups of period houses in Wollstonecraft survive with the degree of originality of
this group. They make a singular and well defined streetscape.”
The Conservation Planner has conducted an assessment of the proposed works in terms of Part 5
Clause 5.10 (Heritage Conservation) of the North Sydney LEP 2013 and Section 13 (Heritage and
Conservation) of the North Sydney DCP 2013, and raised objections to the proposal. The
proposal is not supported on heritage grounds due to its impact on the significance of the
heritage item and the Morton Street Federation Houses Group. In particular:
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Report of Susanna Cheng, Senior Assessment Officer Page 8
Re: 26 Morton Street, Wollstonecraft
The proposed carport structure was approved by Council in 2012, despite strong
objections being raised on heritage grounds due to its detrimental impact on the
significance of the heritage item and its group. The proposal to create an excavated
basement under the approved carport, in order to accommodate a gym, bathroom and
laundry, will result in an increased detrimental impact of the structure on the heritage item
and its group, by preventing the structure from being able to be reversed and the garden
setting reinstated, and by adding significantly to the scale of the uncharacteristic works
to the significant front part of the property.
Further, the proposal is contrary to several of the objectives and provisions of NSDCP
Section 13.5 (Heritage and Conservation).
NSDCP 2013 Section 13.9.5 (Garages and carports)
“The intention for these controls is to ensure that significant and contributory buildings,
with their landscaped settings, remain the dominant element in the streetscape.”
“Garages, carports and large areas of paving located within the front setback of heritage
items...are generally considered to be uncharacteristic elements.”
Comment: The proposal to significantly increase the scale of the uncharacteristic works
to the front setback of the heritage item, by excavating an additional storey under the
carport, will result in an increased detrimental impact on the heritage item and its
landscaped setting.
NSDCP 2013 Section 13.5.1 (Protecting Heritage Significance)
O8 Encourage changes to be reversible where possible and appropriate.
Comment: The approved carport is an uncharacteristic element that will block views of
the heritage item from the street and detract from the heritage significance of the
property and its group. However, the carport could be easily removed in the future and
to re-expose the views of the front of the building and reinstate its original garden
setting. However, if the proposed basement storey were constructed, it would be
extremely difficult to reverse the change and reinstate the garden setting, given the
basement is to be excavated.
NSDCP 2013 Section 13.5.7 (Group Heritage Items)
O1 Retain the significant features or characteristics of the group but allow flexibility for
change where significance will not be affected.
Comment: The property is one of a group of five related heritage items. The significance
of the group relates to their intactness and originality, making a well defined streetscape.
Only one of these buildings has a carport in the front setback. A carport on this property
has existed prior to current controls, and the carport is shown to detract significantly from
the group. Any additional works to the front of the dwellings in this group will impact on
their significance. The proposed excavated basement gym structure is highly
uncharacteristic to the group and will have a detrimental impact on its significance. It is
therefore not supported on heritage grounds.
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Report of Susanna Cheng, Senior Assessment Officer Page 9
Re: 26 Morton Street, Wollstonecraft
Further, it is noted that there is potential for a gym and laundry to be located at the rear of
the property, where it will have no detrimental impact on the setting or significance of the
heritage item and its group. It is recommended that the gym be relocated to the rear of the
property, in accordance with NSDCP 13.5.1 O6 “allow changes to the rear of heritage
items where the new work does not impact the heritage significance of the heritage item”
and P5 “locate change away from significant areas of the heritage item that are intact. For
example, where a buildings significance is related to the front of the building, locate new
work to the rear”, and NSDCP 13.5.7 P2 “locate new work away from significant
elements of the group”.
The Conservation Planner provides for the following summary, conclusions and
recommendations:
The proposal to create an excavated basement under the approved carport, in order to
accommodate a gym, bathroom and laundry, will result in an increased detrimental impact
of the structure on the heritage item and its group, by preventing the structure from being
able to be reversed and the garden setting reinstated, and by adding significantly to the scale
of the uncharacteristic works to the significant front part of the property.
It is also unnecessary for such a structure to be placed in the front setback, where it requires
excavation and has serious heritage impact, when adequate provision exists at the rear of
the property for a gym to be accommodated without excavation and without detrimental
heritage impact.
The proposal is contrary to several of the objectives and provisions of NSDCP Section 13.5
(Heritage and Conservation), in terms of its location in the front, significant part of the
dwelling and its group, its lack of ability to be reversed, as detailed above.
Accordingly, the proposal is not supported on heritage grounds sue to its serious detrimental
impact on the significance of the heritage item and the Morton Street Federation Houses
Group.
Planner’s comment: The matters raised by Council’s Conservation Planner are noted, and further
discussed below.
SUBMISSIONS
The owners of adjoining properties and the Wollstonecraft Precinct were notified of the proposed
development for a 14-day period, between 11 & 25 April 2014, in accordance with section 4 of
NSDCP 2013. The notification resulted in no submissions.
CONSIDERATION
Section 96(2) of the Environmental Planning and Assessment Act, 1979
Section 96(2) of the Environmental Planning and Assessment Act, 1979 enables a consent
authority to modify a development consent upon application being sought by the applicant or any
person entitled to act on the consent, provided that the consent authority is satisfied as to the
following requirements:
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Report of Susanna Cheng, Senior Assessment Officer Page 10
Re: 26 Morton Street, Wollstonecraft
1. That the development to which the consent as modified relates is substantially the
same development as the development for which consent was originally granted and
before that consent as originally granted was modified (if at all)
The proposal is considered to be generally within the scope of the approved development,
being an ancillary structure to a dual occupancy use of the site.
The modifications to the carport will, in large part, be excavated into an existing stepped
terrace within the site such that the appearance of the carport and the streetscape will
generally be maintained, as approved.
The proposal is considered akin to an application for conversion of a roof space above a
parking structure for ancillary accommodations, storage and/or utility areas, which might
ordinarily be treated as a section 96 modification, except that in the subject case, the
additions are proposed to be below the ancillary structure and generally within the same
footprint. While acknowledging the introduction of uses not included in the original
approval, it is considered that on balance, this matter may be treated as a section 96
modification.
Having regard to the above, the development is considered to be substantially the same
development as the approved development. A condition is recommended to prohibit the
use of the carport basement as a separate residence, to ensure the use of the carport
structure remains ancillary to the dual occupancy, and to clarify the terms of the section 96
approval.
2. Whether the application required the concurrence of the relevant Minister, public
authority or approval body and any comments submitted by these bodies
The original application and the subject modification do not require the concurrence of the
relevant Minister, public authority or approval body.
3. It has notified the application in accordance with the regulations, if the regulations so
require, or a development control plan
The application was notified in accordance with section A4 of NSDCP 2013.
4. It has considered any submissions made concerning the proposed modification
No submissions were received.
MERIT ASSESSMENT
In determining an application for modification of a consent under this section, the consent
authority must take into consideration such of the matters referred to in section 79C (1) as
are of relevance to the development the subject of the application:
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Report of Susanna Cheng, Senior Assessment Officer Page 11
Re: 26 Morton Street, Wollstonecraft
(a) The provisions of any environmental planning instrument or draft environmental
planning instrument that is or has been placed on public exhibition and details of which
have been notified to the consent authority.
(1) SYDNEY REGIONAL ENVIRONMENTAL PLAN (SYDNEY HARBOUR
CATCHMENT) 2005
The site falls under the provisions of the SREP (Sydney Harbour Catchment) 2005 (gazetted
on 28 September 2005). The modifications will not be visible from Sydney Harbour and will
not have any impact on its setting.
(2) NORTH SYDNEY LEP 2013
1. Permissibility within the zone
The site is zoned R3 Medium Density Residential under the provisions of the North
Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes
of alterations and additions to an existing dual occupancy (attached) is permissible with
the consent of Council. Demolition is permissible with consent pursuant to clause 2.7 of
the LEP.
It is indicated on submitted drawing DA96-04 that the carport basement “Will not be
used as a separate residence”. The nature of the development will remain within the
definition of “dual occupancy” in the LEP; however, a condition is recommended to
this effect, to clarify the terms of approval.
2. Residential Zone Objectives
Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular
objectives of the R3 Medium Density Residential zone. It is considered that the
proposed development satisfies the provisions as it will provide for a high level of
residential amenity within a medium density residential environment, as discussed in
this report.
In particular, the proposed modification is considered to be consistent with the objective
“To encourage the development of sites for medium density housing if such development
does not compromise the amenity of the surrounding area or the natural or cultural
heritage of the area”. The insertion of a sub-floor level into an existing terraced part of
the site, beneath an approved carport and with limited visibility from the street, will not
diminish the heritage of the area, as discussed below in the Heritage Referral section.
3. LEP Compliance
The application has been assessed against the relevant principal development standards
contained in Part 4 of NSLEP 2013, as shown in the table below. The development
does not seek to change the existing compliance of the building; no further assessment
in this regard is considered relevant or necessary.
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Report of Susanna Cheng, Senior Assessment Officer Page 12
Re: 26 Morton Street, Wollstonecraft
STATUTORY CONTROL – North Sydney Local Environmental Plan 2013
Site Area – 704m² Existing Proposed Control Complies
R3 Medium Density Residential
Minimum Lot Size
(cl.4.1) 704m² No change 230m² Yes
Building Height
(cl.4.3(2)) (max) 5.4m (carport) 7.2m (carport) 8.5m Yes
4. Heritage
Council’s Conservation Planner has advised that the proposal is not supported on
heritage grounds due to its serious detrimental impact on the significance of the heritage
item and the Morton Street Federation Houses Group, for the reasons detailed in the
Heritage Referral section above.
The referral advice has been accorded significant weight in the assessment; however, on
balance, and only in the particular circumstances of the case in which there is an
existing and active Council approval for an uncharacteristic element within the
front setback of the site, the proposed modification is nevertheless assessed to be
satisfactory as against the objectives of the heritage provisions in clause 5.10 of the
LEP; relevantly:
(a) To conserve the environmental heritage of North Sydney
The heritage significance of the property, which has been identified as being a
building in the Federation Arts & Crafts style and part of a singular and well
defined row in the streetscape, will be conserved, by virtue of the proposed
modifications being part of an ancillary structure detached from the main building
and with the modifications having limited visibility from the street.
(b) To conserve the heritage significance of heritage items ... including associated
fabric, settings and views
The significance of the subject property, heritage row and streetscape setting are
considered to be conserved, having regard to the particular circumstances of the
case and in relation to the relevant provisions and objectives in the DCP,
discussed as follows:
Objective O8 of section 13.5.1 seeks to encourage reversibility where
possible and appropriate. The extent of the proposed sub-floor level, being
within the footprint of an approved carport and generally maintaining the
stepped topography of the front yard, is not so significant as to prevent the
reversibility of the structure in its entirety. The carport, as proposed to be
modified, will remain an ancillary structure which can be reasonably
reversed, including any earthworks and infill to reinstate a terraced front
garden.
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Report of Susanna Cheng, Senior Assessment Officer Page 13
Re: 26 Morton Street, Wollstonecraft
Sections 13.5.1 P5 & 13.5.7 P2 provide for the location of changes away
from significant elements and areas of a heritage item that are intact, and
objective O6 of section 13.5.1 seeks to allow changes at the rear. However,
the relocation of amenities at the rear of the property is not warranted in this
instance given that the front setback has been compromised by an approved
carport and the modifications will not significantly reduce vegetation or
change the existing terraced front setting of the site.
Objective O1 of section 13.5.7 allows flexibility for change where the
significant features or characteristics of a heritage group will not be affected.
The proposed modification is supported in this instance given that a carport
has been approved within the front setback. The approved carport is detached
from the main building and the proposed changes will be located below and
have limited visibility from the street. Any additional impacts on the
legibility and integrity of the heritage row, compared to the approved
situation, have been minimised.
The main building will remain the dominant element in the streetscape, with
existing driveway and a double carport within the front setback. The
proposed basement will not materially change the existing/approved situation
in regard to off-street car accommodation, and is considered satisfactory in
regard to the objectives of section 13.9.5 in relation to garages & carports.
The development will not materially change the front setting of the building,
which is highly compromised by an approved double carport in addition to an
existing driveway. The new forecourt to the sub-floor level will be similar to
existing terracing within the front setback and will not displace any significant
landscaping. The basement level will be below street level and not materially
affect views of the main building or the heritage row from the street.
While the proposal will increase the scale of the uncharacteristic carport, the
carport will nevertheless remain an ancillary structure to the main building. The
excavations will generally be limited to the footprint of the approved carport with
a courtyard similar to the existing terraced configuration of the front setback. The
overall scale of the carport, as proposed to be modified, is not considered so
significant as to preclude reversibility by demolition of the structure in its entirety
and associated earthworks to reinstate a garden setting.
The development is assessed to be satisfactory in relation to clause 5.10 of the LEP, on
balance and only in the context of the proposal being a modification of a previously
approved uncharacteristic structure.
(b) The likely impacts of that development, including environmental impacts on both the
natural and built environments and social and economic impacts in the locality.
The impacts of the development are assessed under the relevant development controls, as
follows:
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Report of Susanna Cheng, Senior Assessment Officer Page 14
Re: 26 Morton Street, Wollstonecraft
NORTH SYDNEY DCP 2013
The proposal is generally consistent with section B1 of the DCP relating to residential
developments and Section C10 & C10.2 being the Character Statement for the Upper Slopes
Neighbourhood within the Waverton/Wollstonecraft Planning Area.
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
B1.2 Social Amenity
Maintaining residential
accommodation
Yes The duplex accommodation will be maintained.
B1.3 Environmental Criteria
Topography No The proposed excavation of up to 2.4m below ground, to
accommodate the ancillary spaces and a sunken forecourt,
does not comply with section B1.3.1 P1 which provides that
development should not result in the finished ground level
being greater than 500mm below existing levels.
The proposed excavation is nevertheless satisfactory as the
overall topography and landform, being a gradual fall of the
land from the front to rear of the site, will be generally
maintained, in accordance with objective O1 of the
provision. The subfloor of the carport will be located below
the street level and step down to the main building (Figure
7).
Figure 7 – Topography and landform will be maintained
No The proposal involves earthworks within 1m of the northern
and eastern boundaries, and partial demolition of a stone
retaining wall. The consent notice includes conditions C2
& C3 requiring dilapidation reports in relation to public
infrastructure and private property. It is recommended that
an additional standard condition G30 (Damage to
Adjoining Properties) be included to ensure any necessary
rectification works be completed prior to issue of an
occupation certificate, in accordance with section B1.3.1 4
of the DCP.
A further standard condition E2 (Re-use of Sandstone) is
recommended for any excavated sandstone to be re-used
on-site or for Council use, in accordance with sections
B1.3.1 P3 of the DCP.
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Report of Susanna Cheng, Senior Assessment Officer Page 15
Re: 26 Morton Street, Wollstonecraft
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Views
Solar access
Yes The development will not give rise to any material view or
shadow impacts, by virtue of the sub-floor location and
nature and extent of the works.
Acoustic privacy
Visual privacy
Yes The development will not result in any material privacy
impacts, by virtue of its the size and ancillary residential
use, and its location below adjoining residential units and
inwardly oriented into a sunken courtyard.
B1.4 Quality Built Form
Context
Siting
Yes The development is a reasonable response to the carport (as
approved) and the topography of the site.
Setbacks Yes Front setback
The basement will have a setback of 120mm from the front
boundary, in line with the approved carport.
No Side setbacks
The basement will be 260mm from the northern side
boundary, which does not comply with the minimum
900mm provision in section B1.4.6 P2. The proposed
basement setback is nevertheless supported as it aligns with
the approved carport and is well separated from the
dwelling units at No.28 Morton Street, and will not result in
any adverse amenity impacts on the neighbours.
Form, massing & scale Yes The carport structure will remain ancillary to and much
small in scale than the main building, in accordance with
section B1.4.7 P6.
Built form character Yes The addition, being below street level adjacent the front
boundary, will not be visible from or materially change the
presentation of the carport to the street.
Colours & materials Yes The approval notice includes standard condition C7 to
ensure use of heritage colours, finishes and materials.
Dwelling Entry Yes The forecourt to the carport basement will be located along
the path of travel from the front gate and along the garden
path to the formal dwelling entry of the lower ground floor
unit of the duplex, as approved under DA614/05. A
condition is recommended requiring the basement forecourt
to be available at all times for access and egress to the lower
duplex unit along this route.
B1.5 Quality Urban Environment
Lightwells & ventilation Yes Sliding doors and a window will provide natural daylight
and ventilation to the sub-floor level.
Vehicular access & car
parking
Yes The carport will accommodate 2 cars, as approved.
Site coverage Yes The development will not result in any increase in site
coverage as approved under DA271/12, as shown in the
table below.
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Report of Susanna Cheng, Senior Assessment Officer Page 16
Re: 26 Morton Street, Wollstonecraft
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Approved
DA271/12 Proposed Control Complies
Site Coverage (cl.B1.5.5)
(max)
37.7%
(265.3m2)
No change as
approved
DA271/12
45%
(316.8m2)
Yes (no change as
per DA271/12)
The development satisfies the objectives of the site
coverage provision, despite the non-compliance, as follows:
O1. To ensure that development is balanced and in
keeping with the optimum capacity of the site with no
over development. The carport and basement will
remain an ancillary structure to the primary use of the
site as a dual occupancy.
O2. To ensure that development promotes the existing or
desired future character of the neighbourhood. The
basement will not be readily visible from the street or
materially change the character of the neighbourhood.
O3. To control site density. The density of development
will remain generally the same as existing/approved.
The site coverage variation of 7.3%, being within 10%
of the minimum requirement, is on balance considered
to be substantially compliant.
Site coverage
(continued)
Yes O4. To limit the building footprint so as to ensure
adequate provision is made for landscaped area and
private open space. The sub-floor gym, laundry and
toilet will be located wholly beneath the approved
carport. The site will maintain adequate landscape
area, subject to condition, as discussed in the
Landscape Area section below.
Landscape area No The landscape area of 260.5m2 (37%) as approved under
DA271/12, and the proposed landscape area of 242.5m2
(34%), do not comply with the minimum requirement of
40% under section B1.5.6 P1, as shown in the table below.
The modification will further reduce the landscape area by
18m2 (3%), with a commensurate increase in un-built upon
area.
Approved
DA271/12 Proposed Control Complies
Landscape Area (min)
(cl.B1.5.6)
37%
(260.5m2) 34% (242.5m2) 40% (281.6m2) No
Un-built Upon Area
(max) (cl.B1.5.6)
25%
(178.2m2) 28% (196.2m2) 15% (105.6m2) No
The non-compliance is attributable to the creation of a
forecourt in front of the new carport basement, in place of
the lawn (Figure 8).
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Report of Susanna Cheng, Senior Assessment Officer Page 17
Re: 26 Morton Street, Wollstonecraft
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Figure 8 – Proposed forecourt to basement gym located in area of front lawn
The proposal is supported despite the non-compliance, as it
generally satisfies the objectives of the landscape area
provision, discussed as follows:
(a) Promote the character of the neighbourhood: The
conversion of the grassed area to a courtyard will not
materially change the existing character of the stepped
front yard or the streetscape.
(b) Provide useable private open space for the
enjoyment of residents: The level and open courtyard
will complement the gym and remain functional open
space for the residents.
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Report of Susanna Cheng, Senior Assessment Officer Page 18
Re: 26 Morton Street, Wollstonecraft
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Landscape area
(continued)
No (c) Provide a landscaped buffer between adjoining
properties: The forecourt will provide a similar level
of landscape buffering to the existing lawn adjacent
paved courtyard.
(d) Maximise retention and absorption of surface
drainage water on site: A condition is recommended
for unit pavers to be used in the forecourt in order to
maximise stormwater infiltration, while maintaining
trafficability and useability of the area.
(e) Minimise obstruction to underground water flow:
The extent of nature of the excavations within an
existing terraced area, will not significantly impact on
underground water flows. Provision for stormwater
management and disposal are adequately provided for
in approval conditions C11 & C12.
(f) Promote substantial landscaping, that includes the
planting of trees that when mature will have
significant canopy cover: There are no substantial
plantings remaining within the front setback, and none
are proposed. It is considered neither necessary nor
reasonable to require any substantial plantings in the
courtyard given its location between the main building
and the approved carport, its size and function for
pedestrian access.
(g) Control site density: The existing/approved site
density will be maintained.
(h) Minimise site disturbance: The courtyard will be
located in the area of an existing stepped terrace and
excavations will be limited generally to the area of the
carport and its immediate apron.
(i) Contributes to streetscape and amenity: The
accommodation of a sub-floor space and courtyard
beneath and behind the approved carport and below
street level will not have any material impact on
streetscape amenity.
(j) Allows light to penetrate between buildings: Light
penetration between buildings will be maintained.
(k) Encourage the provision of space for biodiversity
conservation and ecological processes: The
development will maintain open space generally as
approved.
It is recommended that condition A4 (Approved Landscape
Plan) be amended to the extent of the area of the basement
courtyard.
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Report of Susanna Cheng, Senior Assessment Officer Page 19
Re: 26 Morton Street, Wollstonecraft
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Excavation Yes The development is consistent with the objectives of the
excavation provisions. The earthworks will not materially
reduce vegetation on the site, and any adverse impacts on
the amenity of neighbouring properties can be adequately
protected by way of approval conditions C2, C3 & G20 in
relation to dilapidation reports and required rectification
works should damage occur.
Landscaping
Front gardens
Yes The proposal will not materially change the front garden
setting, as approved to accommodate a double carport. As
discussed in the Landscape Area section, a condition is
recommended for use of porous paving in the area of the
courtyard.
Private & communal
open space
Yes The development will provide at least 40m2 of ground level
open space for use by residents of the duplex.
Garbage storage
Site facilities
Yes The approved carport includes a bin storage area.
B1.6 Efficient Use of Resources
Energy efficiency Yes The application involves modifications to an approved
ancillary car parking structure associated with an existing
duplex. The proposed gym and laundry are not suitable for
separate self-contained accommodation and is not
considered to be a habitable building for the purpose of
BASIX. Accordingly, the proposal does not require
assessment against this provision of the DCP. It is noted
that the submitted BASIX certificate is not valid as the
building is not a BASIX-affected building for which
separate development consent would be required.
(c) The suitability of the site for the development
The proposed modifications are suitable for the site.
(d) Any submission made in accordance with this Act or the regulations
Council did not receive any submissions.
(e) The public interest
The proposed modifications are considered to be in the public interest as it is generally in
accordance with Council’s development controls and policies.
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Report of Susanna Cheng, Senior Assessment Officer Page 20
Re: 26 Morton Street, Wollstonecraft
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 N/A
9. All relevant S79C considerations of Yes
Environmental Planning and Assessment (Amendment) Act 1979
CONCLUSION
The proposed modification is supported as it will not result in any material additional heritage,
streetscape or residential amenity impacts compared to the approved carport. The proposal
remains substantially the same development as the structure will remain an ancillary structure to
the duplex and its location beneath the approved carport and below street level will have minimal
environmental impacts, in consideration of the approved development.
RECOMMENDATION
A. THAT the North Sydney Independent Planning Panel, under the delegation of the
General Manager as the consent authority, grant consent to Development Application
No. 271/12/2, in respect to the erection of a double carport including removal of
existing tree, construction of a new driveway crossover and new automated vehicular
gates, and erection of rear deck off an existing loft including roof extension on land
described as 26 Morton Street, Wollstonecraft, under the provisions of Section 96 of
the Environmental Planning and Assessment Act only in so far as will provide for the
following:
(1) To delete Condition (A1), of the consent and insert in lieu there of the following
new condition namely:
Development in Accordance with Plans (S96 Amendments)
A1. The development must be carried out in accordance with the following
drawings and documentation and endorsed with Council’s approval
stamp, except where amended by the following conditions of this consent:
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Report of Susanna Cheng, Senior Assessment Officer Page 21
Re: 26 Morton Street, Wollstonecraft
Plan No. Issue Title Drawn by Received
S96-01 D Site Plan Peter Dalton
Architects
31/3/14
S96-02 D Roof Plan Peter Dalton
Architects
31/3/14
S96-03 E Loft Floor Plan & Carport
Plan Peter Dalton
Architects
19/5/14
S96-04 D Carport & Gym Plan Peter Dalton
Architects
31/3/14
S96-05 D South Elevation Peter Dalton
Architects
31/3/14
S96-06 D North Elevation Peter Dalton
Architects
31/3/14
S96-07 E East Elevation & Street
Elevation Peter Dalton
Architects
19/5/14
S96-08 E West Elevation Peter Dalton
Architects
19/5/14
S96-09 D Longitudinal Section Peter Dalton
Architects
31/3/14
except as amended by the following conditions.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public
Information)
(2) To insert the following new conditions:
Porous Paving [C33]
C1. The courtyard adjacent the carport basement must be paved with materials
to allow stormwater infiltration to the substrate, such as unit paving
blocks on a compacted sand base.
Plans and specifications which comply with this condition must be
submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate. The Certifying Authority must ensure that the
building plans and specifications submitted, referenced on and
accompanying the issued Construction Certificate, fully satisfy the
requirements of this condition.
(Reason: To improve the capacity of the site to absorb water runoff)
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Report of Susanna Cheng, Senior Assessment Officer Page 22
Re: 26 Morton Street, Wollstonecraft
Re-use of Sandstone [E2]
E1. Sandstone blocks (if any) removed from the site are to be either stored for
re-use on site or offered to Council in the first instance.
(Reason: To allow for preservation of cultural resources within the
North Sydney Council area)
Damage to Adjoining Properties [G30]
G1. On completion of the development the subject of this consent and prior to
the issue of the Occupation Certificate, a report is to be prepared by an
appropriately qualified consultant and is to be provided to the Certifying
Authority (and a copy to Council if it is not the Certifying Authority)
certifying:
1. whether any damage to adjoining properties has occurred as a result of
the development;
2. the nature and extent of any damage caused to the adjoining property as
a result of the development;
3. the nature and extent of works required to rectify any damage caused to
the adjoining property as a result of the proposed development;
4. the nature and extent of works carried out to rectify any damage caused
to the adjoining property as a result of the development; and
5. the nature and extent of any agreements entered into for rectification of
any damage caused to the adjoining property as a result of the
development.
The report and certification must reference the dilapidation survey and
reports required to be provided to the Certifying Authority in accordance
with this consent.
Where works required to rectify any damage caused to adjoining property
as a result of the development identified in the report and certification
have not been carried out, a satisfactory agreement for rectification of the
damage is to be made with the affected person/s as soon as possible prior
to the issue of an Occupation Certificate.
All costs incurred in achieving compliance with this condition shall be
borne by the developer.
(Reason: To ensure adjoining owner’s property rights are protected
in so far as possible)
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Report of Susanna Cheng, Senior Assessment Officer Page 23
Re: 26 Morton Street, Wollstonecraft
Carport basement ancillary use only
I1. The basement level of the carport is to be ancillary to the residential use of
the site as a dual occupancy. No approval is granted or implied for use of
the carport basement as a separate residence.
(Reason: To clarify the terms of consent)
Carport basement forecourt
I2. The courtyard to the carport basement shall remain available at all times
for access to and from the entry located in the northern side setback, being
the dwelling entry to the lower ground duplex unit.
(Reason: To maintain residential amenity of the lower ground unit)
(3) To modify the following condition so as to read:
Approved Landscape Plan
A4. Landscaping works on the site are to be undertaken generally in
accordance with the landscaping plan numbered 001916/TM A1, prepared
by Urban Landscape Planners P/L, dated 16.07.2011 and received by
Council on 17/8/12, as modified by section 96 approval DA271/12/2.
The Certifying Authority must ensure that the building plans and
specifications submitted by the Applicant, referenced on and
accompanying the issued Construction Certificate, fully satisfy the
requirements of this condition.
(Reason: To ensure appropriate landscaped area and landscaping
amenity at the final inspection stage of the development)
Susanna Cheng David Hoy
SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS
Stephen Beattie
MANAGER ASSESSMENTS
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North Sydney CouncilCopyright@ North Sydney Council - No part of this map may be reproducedwjthout p€rmission Commercial decisrons should not be made based onrnformation conlained in lhß map without nrst checking details held by theresponsible Government authorìty
Fuiher details can be obtained by calling (02) 9936 8100 or e mailmapping@northsydney nsw gov au
ATTACHMENT TO IPP02 - 06/08/2014 Page 24
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For privacy reasons, the architectural plans have been removed
from this document prior to publishing on the web. The plans
attached to the hard copy report may be viewed at Stanton Library
during opening hours or at the Customer Service Centre in Council
Chambers between 9.00am and 4.00pm Monday to Friday.
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To locate the previous report, click on the hyperlink under attachments on the top of page 1.