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Item ____IPP01_______ - REPORTS -______07/10/2015_________

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 07/10/2015

Attachments:

1. Site Plan

2. Drawings

3. Shadow diagrams

4. Clause 4.6 (height)

ADDRESS/WARD: 1 Waiwera Street, Lavender Bay (V)

APPLICATION No: DA 158/15

PROPOSAL: Alterations and additions to a dwelling

PLANS REF: Drawings numbered DA05 to DA14, Rev.3 dated 1/6/15, drawn

by Corben Architects, and received by Council on 6/7/15

OWNER: Graham Cranswick-Smith (at time of lodgement)

Carolyn Petre (current owner)

APPLICANT: Carolyn Petre

c/- Corben Architects

AUTHOR: Susanna Cheng, Senior Assessment Officer

DATE OF REPORT: 22 September 2015

DATE LODGED: 19 May 2015

AMENDED: 6 July 2015

SUBMISSIONS: One (1)

RECOMMENDATION: Approval

Report of Susanna Cheng, Senior Assessment Officer

Re: 1 Waiwera Street, Lavender Bay

EXECUTIVE SUMMARY

This development application seeks Council‟s approval for alterations and additions to a

dwelling, including rear two storey infill addition to the south-east corner of the existing

dwelling.

The subject property is a heritage item and is located within the McMahons Point North

Conservation Area. The dwelling is a free-standing house design with its primary facade facing

towards Sydney harbour to the southeast and with the rear addressing Waiwera Street. The

dwelling has been substantially modified internally and externally under preceding development

applications.

The application is reported to NSIPP for determination as the application involves

variation to Council’s maximum Building Height control under Clause 4.3 of NSLEP 2013

which exceeds 10%.

The maximum building height for the site is 8.5m pursuant to clause 4.3 of NSLEP 2013. The

proposed building height of up to 9.38m exceeds the height control for the site of 8.5m by 0.88m

(10.4%), which is attributable to the height of the proposed new roof form for the 2-storey infill

addition.

The variation has been assessed against the objectives of the provision and is considered to be

reasonable and justifiable in the circumstances of the case. The 2-storey infill addition will be

located at and below the existing ridge and behind the primary rear building line of the subject

and adjoining dwellings, will not result in any material shadow or view impacts on adjoining

residences and is sympathetic designed to match the form, massing and character of the heritage

listed building. .

The development will result in a minor increase in the existing non-compliant site coverage. The

variation of 4% above the maximum 50% is supported in this instance as the density and built

form within the site will remain similar to existing and characteristic of comparable properties in

the vicinity of the site. The development will also result in a net increase in landscape area, and

maintain adequate outdoor amenity for the property.

Council‟s notification of the proposal has attracted one (1) submission raising particular

concerns about stormwater drainage. The assessment has considered these concerns as well as

the performance of the application against Council‟s planning requirements. The submitted

stormwater concept plans provide for improvements to the existing drainage system. The

concept plans have been reviewed by Council‟s Development Engineer and found to be

satisfactory, subject to conditions, including detailed design prior to incorporate surface drainage

interception to prevent stormwater egress into adjacent properties and a positive covenant to be

placed on the title of the property to ensure ongoing maintenance of the system by the property

owner.

Following this assessment the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.

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7001193713

Re:

Property/Applicant Submittors - Properties Notified

1 Waiwera Street, Lavender Bay - DA 158/15



DESCRIPTION OF PROPOSAL

The application seeks approval for alterations and additions to a dwelling (Attachment 2),

including the following:

New 2-storey infill on south eastern corner of dwelling to accommodate kitchen & deck

at ground and bedroom on fist floor (Figure 1);

Construction of a double garage, in place of double carport, and modification of

laundry/storage room below;

Demolition of front wall & planters and replace with new landscaping & fencing; and

New suspended planter box and glazed balustrade at eastern (rear) boundary adjacent

pool (Figure 2).

Figure 1 – Perspectives of proposed alterations & additions

Figure 2 – Elevation & section showing new planter suspended from existing pool structure

STATUTORY CONTROLS

NSLEP 2013

Zoning – R3 Medium Density Residential

Lot size – 230m2

Height of building – 8.5m

FSR – None specified

Item of Heritage – Yes (I0352)

In Vicinity of Item of Heritage – Yes (4 & 16-22 Waiwera St; 47 & 49 East Crescent St)

Conservation Area – McMahons Point North Conservation Area (CA13)

FSBL – No

Environmental Planning & Assessment Act 1979

SEPP (BASIX) 2004

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 south eastern side of Waiwera Street north of East Crescent Street

(Figure 3). The site is rectilinear in shape and has an angled frontage of 13.1m to Waiwera

Street and area of 493.2m2. The site falls to the southeast, toward Lavender Bay, and the land

drops sharply at the rear boundary to the property at No.8 in Bay View Street below.

Figure 3 – Aerial photo showing site



The site is occupied by a 2-storey detached dwelling that presents its primary façade towards the

harbour to the east. The rear of the building addresses Waiwera Street, by way of a double

carport with a fabric awning and roller door, and a high masonry and glass block wall. A

swimming pool is located in the backyard adjacent to stepped patio decks and a barbecue area.

Photographs of the site are contained in Figure 4.

Figure 4 – Front & rear of site



Surrounding development is predominantly residential, and characterised by a mix of building

typologies. The site is adjoined by 2-storey terraces with attics to the northeast, and a 2- & 3-

storey walk-up flat building to the southwest (Figure 5). A swimming pool is located in the

subject backyard, above and adjacent to the eastern boundary with the rear-adjoining property at

No.8 Bay View Street (Figure 6).

Figure 5 – Rear view of dwelling adjoining flat building to the south & terraces to the north

Figure 6 – Edge of pool deck approximately 3m above retaining wall below at No.8 Bay View Street

RELEVANT HISTORY

DA43/00 for alterations and additions to a dwelling including demolition works and extensions at

front and rear was approved on 9/9/99.

DA71/06 for minor alterations including new ensuite, new window at upper floor, new guest

bathroom at ground floor and new window to kitchen was approved on 10/5/06.

DA328/06 for alterations and additions including changes to original fenestration on the primary

façade, removal of the interior detailing, replacement of existing doors with windows, was

approved on 10/10/06.

The subject DA158/15 was lodged on 19/5/15. Site inspections were conducted on 18/6/15 &

1/7/15 in which Council raised various concerns with the proposal, including window design and

structural stability of works in the vicinity of the pool. On 6/7/15 Council received an amended

DA, including replacement of glass block openings with obscure glass vertically proportioned

windows on the southern elevation, and addition of a glass balustrade and planter box suspended

from the existing pool structure.



REFERRALS

Railcorp (Sydney Trains)

The site is within 50m of a railway corridor, being an underground alignment of the North Shore

Railway Line, and as such, the application was referred to Railcorp pursuant to clause 87 of State

Environmental Planning Policy (Infrastructure) 2007 in relation to impact of rail noise or vibration on

non-rail development. On 21/9/15 Sydney Trains advised that no issues are raised with the proposed

development.

Building

The proposal would have to comply with the Building Code of Australia. Conditions can be

imposed to ensure compliance.

Engineer

The application, including the submitted concept stormwater drainage plan, was referred to

Council‟s Development Engineer who did not raise any objection to the proposal on engineering

grounds, subject to conditions, including requirement for a stormwater management and disposal

design that prevents any stormwater egress into adjacent properties by creating physical barriers

and surface drainage interception and pump-out facilities, and restriction and positive covenant as

to user, as appropriate, in favour of North Sydney Council burdening the subject property

requiring the ongoing retention, maintenance and operation of the stormwater facility (pump-out

and charged lines).

The amended DA, in particular, in relation to the proposed suspended planter adjacent the pool,

was referred to the Engineer who raised no objection to the works, subject to a condition

requiring structural certification to be submitted by a suitably qualified structural engineer

confirming the pool is structurally adequate to support the planter loads.

The Engineer has also advised that the existing vehicular crossing is fit for purpose for the

current and proposed extended garage entrance; however, any proposal to widen the layback

would require a separate application.

Heritage

The application was referred to Council‟s Conservation Planner who has identified the site as

follows:

The subject property is a heritage item and is located within the McMahons Point

North Conservation Area. It is also located in the vicinity of nearby heritage items

located at 4 Waiwera Street, 47 and 49 East Crescent Street.

The dwelling is a Victorian Filigree 2-storey free-standing house which, together

with the adjacent two terraces, forms a group of fine 19th

century housing. The

primary facade faces the harbour and the rear addresses Waiwera Street. It has been

modified with a Federation style two-storey addition on its south side as well as a

single-storey addition towards the street frontage.



The building was at one time used as two apartments, the reinstated as a single

dwelling. Changes to the original fenestration on the primary facade were approved

under DA328/06 as well as much of the removal of the interior detailing. There is an

existing double carport with a fabric awning and panel lift door.

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 B13 (Heritage

and Conservation) of the North Sydney DCP 2013, and provided the following advice.

No objection is raised to the proposed widening of the garage by approximately

400mm as the proposed demolition of the opaque glass block wall along the front

boundary will open new views to the dwelling and will allow for a positive

streetscape presentation of the garden courtyard to the street. The proposed front

boundary changes will therefore assist in enhancing the character of the

conservation area.

No objection is raised to the extension of the contemporary southern wing on both

levels as it will be set behind the front building line and is not an original wing.

These works will only be visible from the public domain at considerable distance

such as the Luna Park wharf and as a small slot view from Waiwera Street.

The proposed fenestration change to the South-West Elevation is not supported as

the proposed new windows will be visible from the public domain as an oblique view

across 1A Waiwera Street and are to be located on the original building. It is

recommended that they be re-proportioned to be sympathetic to the character of the

existing windows.

The proposed interior alterations are generally acceptable as the interior has been

previously heavily modified. No objection is raised to the removal of the

contemporary interior staircase and replacement with new, the conversion of the

existing Kitchen into a Study or to the reconfiguration of the bathrooms and

bedrooms on the First Level. Objection is raised however, to the complete removal

of the nib walls that define the original hallway and original front door entrance.

No objection is raised to the demolition of the existing ancillary structures within the

grounds including the terraced gardens, garbage store, pool sauna, BBQ and pool as

they have no heritage significance. No objection is raised to the proposed new

landscaping, terraced lawn and swimming pool.

Recommendations:

Windows on South West Elevation to have Victorian proportions but may be detailed

more simply such that on closer inspection, the windows can be identified as

contemporary.

Nib walls that identify the original hallway and entrance to be retained adjacent to the

original front door location and adjacent to proposed Staircase 3. This will still allow

for the proposed Living/Dining Rooms to be one large open planned space whilst

allowing for the interpretation of the original room configuration.



Overlaid notes on Drawing DA 08 Revision 2 for front fence to be corrected. They

state „solid front fence with glass blocks‟ however, the elevation indicates a

sympathetic new palisade fence.

The amended DA received by Council on 6/7/15 generally incorporate the above

recommendations, with the exception of the internal nib walls. The amendments were referred to

the Conservation Planner who provided the following additional comments and conditions:

No objection is made to the retention of the garage door. The amended fenestration on the

South Elevation is acceptable.

With regard to the interior demolition, two little nib walls are requested for retention to

identify the original hallway and entrance adjacent to the original front door location

(Figure 7).

Figure 7 – Nib walls adjacent to Stair 3 & original front door to be retained

The Conservation Planner has advised that the development is satisfactory on heritage grounds,

subject to standard and site-specific conditions:

A4 No Demolition of Extra Fabric

C13 Colours, Finishes, Materials

E11 Removal of Extra Fabric

Nib Walls

A nib wall (minimum 150 mm) is to be retained adjacent to proposed “Stair 3” and

adjacent to the original front door (South East Elevation).

(Reason: To allow for the interpretation of the original room configuration)

New Windows and Doors

New windows and doors shall be timber-framed.

(Reason: To be sympathetic to the palette of materials used on the heritage item)



New Deck 4

Balustrade to new Deck 4 on first floor (“Level 2”) on the South East Elevation shall be

timber, similar to existing balustrades.

(Reason: To be sympathetic to the palette of materials and style used on the heritage item.)

Privacy Screen

Privacy screen for Deck 2 on ground floor (“Level 1”) on the South West Elevation shall

be painted in a visually submissive colour. Metallic finishes are not acceptable.

(Reason: To be sympathetic to the heritage item)

Palisade Fence

New metal palisade fence and gate to front boundary shall be steel or wrought iron.

Approval is not granted for use of any tubular aluminium for front fencing and/or gate.

(Reason: To be sympathetic to the palette of materials used in the conservation area)

Landscape

The proposed development includes removal of trees and new landscape works (Figure 8).

Figure 8 – Proposal includes removal of Palm trees and new feature trees

The application was referred to Council‟s Landscape Development Officer who has raised no

objections to the proposal on landscape grounds, subject to conditions, and upon the following

assessment:

The subject site has two small Crepe Myrtle street trees that should be retained but are

not likely to be directly impacted by the proposed works. There are several Palm trees

and a China Doll tree along the southern portion of the site that are to be removed in

the proposal. No objection is raised however, as the Palms are easily replaceable and

do not contribute significantly to the character of the public domain. The existing

China Doll tree is located within 1m of the building foundations, and its removal is

recommended to prevent damage to the building in the long term.

The proposed landscape plan is considered to be acceptable in that it indicates the

replacement of existing shrubberies and groundcovers with new plants as well as there

being the addition of several small trees.



The proposed works will have an acceptable level of impact upon the existing Paw

Paw tree located to the south of the subject site as the removal of the existing outdoor

BBQ building and its replacement with soft landscaping will benefit the tree.

SUBMISSIONS

The owners of adjoining properties and the Lavender Bay Precinct were notified of the

proposed development for a 14-day period, between 29/5/15 and 12/6/15, in accordance with

section A4 of NSDCP 2013. The notification resulted in one (1) submission. The amended

design received by Council on 6/7/15, including addition of a glass balustrade and planter box

suspended from the existing pool structure, was notified to the submitter who provided additional

comments.

Basis of Submissions

Direct stormwater to a sump at eastern end of the land and to pump back to Waiwera St:

- Due to large catchment, pump capacity & necessary redundancy will be costly & not

properly designed/constructed

- Power failure-safe pumps may be necessary; in the case total failure, our home may be

flooded

- Stormwater system must be a gravity system

- Provide warranty that pump system will be designed for weather events & indemnify us

from damage

- Sandstone block retaining wall at rear of our land appears to have failed in past,

additional water may cause another collapse

Consider easement under our land to drain water by gravity on condition at no cost to us, we

are reimbursed for legal costs, maintenance by others, regular inspection & certification,

completion of work within 8 weeks, connection to underground drainage system in Bay

View St

Intention of No.10 Bay View St to direct overland flows to our land will amplify problems

No objections to latest amendments in relation to the installation of a screen below the

suspended planter

CONSIDERATION

The relevant matters for consideration under Section 79C of the Environmental Planning and

Assessment Act 1979, are assessed under the following headings:

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 a dwelling house is permissible with the consent of Council. Demolition is

permissible with consent, pursuant to clause 2.7.



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 maintain existing residential accommodation, as

discussed in this report.

3. LEP Compliance table

The application has been assessed against the relevant principal development standards contained

in Part 4 of NSLEP 2013 as indicated in the following compliance table. More detailed

comments with regard to the non-compliances are provided later in this report.

STATUTORY CONTROL – North Sydney Local Environmental Plan 2013

Site Area – 493.2m² Existing Proposed Control Complies

Residential

Minimum Lot Size (cl.4.1) 493.2m² No change 230m² Yes

Building Height (cl.4.3(2))

(max) 9.28m (main ridge)

Up to 9.38m

(roof ridge to rear infill) 8.5m No

4. Building Heights

The maximum building height for the site is 8.5m pursuant to clause 4.3 of NSLEP 2013. The

proposed building height of up to 9.38m does not comply with the development standard (Figure

9). The proposed non-compliance of 0.88m (10.4%) is attributable to the new roof above the 2-

storey infill on the south eastern corner of the site. The proposed works otherwise comply with

the height control.

Figure 9 –Proposed building height breach is located at the roof ridge of rear addition

The applicant has submitted a written request seeking to vary the development standard

pursuant to clause 4.6 of NSLEP 2013 (Attachment 4). The proposed variation has been

assessed against the requirements of clause 4.6 and the objectives of the control, as discussed

below:



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

development on sloping land to follow the natural gradient. The dwelling will step down the

site, consistent with the fall of the land toward the rear.

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

will be below and behind the ridge front ridge line and located behind the rear building line so as

to have no material impacts on any significant views.

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

promote solar access for future development. The development will not result in any material

shadow impacts by reason of the proposed variation of the height control. Shadow impacts are

discussed in more detail in the Solar Access section in the DCP Compliance Table in this report.

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

residents of new buildings. The new deck will be located at ground level at rear, and all new

and/or modified openings on the first floor will be below the height limit, and will not result in

any material privacy impacts, as discussed in the Visual Privacy section in the DCP Compliance

Table.

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

proposed building height is compatible with the subject and surrounding 2- & 3-storey residential

buildings.

(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 single dwelling will

be maintained similar to existing.

In consideration of the above, it is concluded that the proposed development will not have any

material adverse impacts on neighbouring properties arising from the proposed Building Height.

The objectives of the Building Height control are achieved notwithstanding non-compliance with

the control. In this regard, strict compliance with the development standard is considered to be

unreasonable and unnecessary. The clause 4.6 variation is well founded and supported in this

case.

5. Preservation of trees or vegetation

Clause 5.9 of NSLEP 2013 seeks to preserve the amenity of the area through preservation of

trees and other vegetation. The proposal is considered to be satisfactory as it will provide for

adequate landscape amenity, as discussed in the Landscape Referral section in this report.

6. Heritage conservation

As discussed earlier in the Heritage Referrals section in this report, Council‟s Conservation

Planner is satisfied the works will not have any detrimental impact on the significance of the

listed building or its group, or the character of the conservation area, subject to conditions.



7. Earthworks

Earthworks are permissible with consent, pursuant to clause 6.10 of the LEP. The development

will involve minor earthworks, generally limited to that which is necessary to accommodate pad

footings and landscaping, and maintaining the existing fall of the land (Figure 10).

Figure 10 – Topography generally maintained – minor earthworks for footings & landscaping

A new stair to provide internal access to a laundry and store room beneath the garage will involve

additional excavations, however, generally within an existing excavated hard paved area within

the front courtyard.

Figure 11 – Access stair to existing garage sub-floor area generally accommodated within existing

excavated courtyard

The development has been assessed in relation to the objectives and relevant provisions in clause

6.10(1) & (2) and found to be satisfactory. In particular:



(a) The likely disruption of, or any detrimental effects on:

(i) drainage patterns and soil stability in the locality of the development – The

development will improve on existing on-site stormwater retention by providing for a net

increase in soft landscape area through replacement of hard paved areas with planters,

gardens and turf; installation of a 1.148kL rainwater tank (BASIX commitment); new

sub-soil drainage pipes and upgrade works to the existing pump-out drainage system

(Figure 12).

Figure 12 – Proposed upgrades to the existing pump-out system to Waiwera Street

As discussed in the Engineer Referral section in this report, Council‟s Development

Engineer raises no objection to the development in terms of its impacts on drainage and

soil stability, subject to conditions that require, at minimum, a Stormwater Management

and Disposal Design Plan (prior to issue of a Construction Certificate) designed to

prevent any stormwater egress into adjacent properties by creating physical barriers and

surface drainage interception and pump-out facilities to Council‟s standards, and

restriction and positive covenant as to user, as appropriate, in favour of North Sydney

Council burdening the subject property requiring the ongoing retention, maintenance and

operation of the stormwater facility (pump-out and charged lines).

(ii) natural features of, and vegetation on, the site and adjoining land – The

proposed earthworks are minor, limited generally to already excavated or disturbed areas

of the site such as the sunken front courtyard. The development involves replacement of

paved areas with vegetation and result in a net increase of vegetation growing within the

site.

(b) The effect of the development on the likely future use or redevelopment of the land –

The proposed earthworks will not adversely impact on the continued use and

redevelopment of the land for residential purpose.

(c) The quality of the fill or the soil to be excavated, or both – Excavated material is

unlikely to be contaminated given the residential history of the site. The development

will not require extensive fill material, with new soil limited to landscape works.



(d) The effect of the development on the existing and likely amenity of adjoining properties

– The majority of earthworks will be for pad footings set back from the side boundaries

and landscape works. The structural integrity and amenity of adjoining properties can be

reasonably protected via conditions of consent.

(e) The source of any fill material and the destination of any excavated material – The

development will not require extensive fill material; the quality and treatment of

excavated materials can be dealt with via standard conditions.

(f) The likelihood of disturbing Aboriginal objects or relics - The site has undergone

extensive landscape works and terracing. Council is not aware of any Aboriginal objects

or relics within or in the vicinity of the site.

(g) The proximity to, and potential for adverse impacts on, any waterway, drinking water

catchment or environmentally sensitive area – The proposed earthworks are minor and

will not impact on the Sydney Harbour water catchment, subject to conditions as

recommended by Council‟s Development Engineer to ensure adequate site drainage, and

sediment control during works.

(h) Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the

development – The potential impacts of the proposed earthworks can be mitigated and

managed by way of conditions as recommended by Council‟s Development Engineer.

8. Vehicle access

Development for the purposes of a driveway and vehicular crossing within a road reserve

associated with a permissible use in an adjoining zone may be carried out with consent, pursuant

to Clause 6.13 of the LEP.

As discussed in the Engineer Referral section in this report, the existing vehicular crossing is fit

for purpose. No change to the driveway is sought or approved as part of the subject DA; any

widening would require a separate application.

SEPP (Infrastructure) 2007

The site is within 50m of a railway corridor, being an underground alignment of the North Shore

Railway Line and was referred to NSW Transport (Sydney Trains) pursuant to clause 87 of State

Environmental Planning Policy (Infrastructure) 2007 in relation to impact of rail noise or

vibration on non-rail development. Sydney Trains has raised no objection to the development, as

discussed in the Railcorp Referral section in this report. The proposal will not change the level

of exposure of the existing dwelling to rail noise and vibration; a standard condition is

recommended to ensure that appropriate measures will be taken to ensure that the exposure levels

are not exceeded, in accordance with clause 87(3).

SEPP 55 and Contaminated Land Management Issues

The provisions of SEPP 55 require Council to consider the likelihood that the site has previously

been contaminated and to address the methods necessary to remediate the site. Given the

residential history of the site, it is unlikely to be any issues of soil contamination that would

require remediation.



SREP (Sydney Harbour Catchment) 2005

The site falls within the Sydney Harbour Catchment Area and is subject to the provisions of the

Policy. The site is on the periphery, however, outside of, the Foreshores & Waterways Area

within the Sydney Harbour Catchment as defined in the Sydney Harbour Catchment Zoning Map

in the SREP.

The application has been assessed against the relevant provisions of the SREP and found to

satisfy the objectives in clause 12. The proposal is consistent with the planning principles for

Sydney Harbour Catchment contained in clause 13 of the instrument; relevantly and in particular,

the alterations and additions will maintain the character and scale of the dwelling and its primary

address toward Lavender Bay thereby maintaining the visual qualities of Sydney Harbour, and the

minimal earthworks and increased soft landscaped area within the site will maintain existing

drainage functioning and quality of runoff.

North Sydney DCP 2013

The proposal is generally consistent with section B1 of the DCP relating to residential

developments and section C9 & C9.7 being the Character Statement for the McMahons Point

North Conservation Area within the Lavender Bay Planning Area.

DEVELOPMENT CONTROL PLAN 2013

Residential Development Complies Comments

B1.2 Social Amenity

Maintaining residential

accommodation

Yes The existing residence will be maintained.

B1.3 Environmental Criteria

Topography Yes The development involves minimal earthworks, generally

limited to the accommodation of footings and landscaping,

and maintaining existing fall of the land, as discussed in the

Earthworks section in this report. Council‟s Development

Engineer has recommended conditions to ensure protection

of the structural integrity of adjoining properties.

Views Yes The development will not result in any material view impacts

as the 2-storey part addition will be located and provided as

an infill within the south eastern courtyard, stepping down

with the topography and set back from the side boundary,

noting in particular and as illustrated in Figure 13:

Slot views from Waiwera Street along the southern side

setback of the site will generally be maintained in

accordance with Character Statement section C9.7.4 P7,

with some improvement of visual permeability at the front

boundary where the existing masonry and glass block

wall will be replaced with a palisade front fence; and

The primary views obtained from the rear enclosed

balconies of units within No.1A Waiwera Street will not

be impacted by the proposed works which are generally

located behind and/or below the rear building or glass

alignment of the units at No.1A.





Figure 13 – Primary views to the harbour maintained from the street & adjoining apartments

Solar access Yes The application is supported by shadow diagrams certified by

a registered architect (Attachment 3), with extracts in

midwinter shown in Figure 14. The diagrams indicate that

additional midwinter shadows will be cast in most part on the

northern side wall and walkway of No.1A Waiwera Street.





Figure 14 – Midwinter shadows on No.1A Waiwera Street





Solar access

(continued)

The development will result in minor additional shadowing

on the northern side windows of No.1A Waiwera Street and

maintain solar access to primary windows facing east towards

the harbour (Figure 15), which satisfies the objective of

section B1.3.7 to ensure that adjoining dwellings have

reasonable access to sunlight.

Figure 15 – Minor additional impacts on windows of adjoining units

Vibration Yes Continued use of the site as a single dwelling, as proposed,

will not result in any additional impacts on the operation of

the rail corridor compared to existing. A condition is

recommended to ensure exposure to railway noise and

vibration does not exceed guideline levels, as discussed in the

SEPP (Infrastructure) section in this report.

Acoustic privacy

Visual privacy

Yes The development will provide for a reasonable level of visual

and acoustic privacy to neighbouring properties; in particular:

The existing BBQ facility and adjacent courtyard will be

replaced by a partially enclosed deck, incorporating the

following measures which will reduce privacy impacts on

the adjoining unit block at No.1A Waiwera Street:

- Privacy screen on the south western elevation;

- Set back 1m from the side boundary;

- Primary orientation rearward to the harbour;

- Location on the existing ground level primary living

area of the dwelling.

The new balcony (Deck 4) on the first floor (Level 2)

will be limited in depth to 800mm, set back from the side

boundary with No. 1A Waiwera Street by 2m, used in

association with a bedroom, and have primary outlook to

the rear towards the harbour.

Acoustic privacy

Visual privacy

(continued)

The new windows on the south western elevation

facing No.1 Waiwera Street will be secondary windows to

bedrooms 2 & 3 which have primary outlooks,

respectively, to the harbour and Waiwera Street, and to an

ensuite bathroom, all vertically and narrowly

proportioned and with obscure glazing, set back from the

side boundary with No.1A Waiwera Street by 2m and

adjacent a walkway of the adjoining flat building.





B1.4 Quality Built Form

Context Yes The proposed alterations to the internal layout and the

location of the additions respect the existing built form of the

subject dwelling, topography of the site and relationship with

adjoining properties, as discussed in this report.

Subdivision pattern Yes No change is proposed to the lot size. The historic and

primary orientation of the dwelling to the harbour will be

maintained.

Streetscape Yes The development will result in an improvement in the

streetscape, with no change proposed to the existing driveway

crossing, retention of street trees, and replacement of high

masonry wall with a palisade front fence allowing view lines

from the street to a front garden setting and limited slot views

toward the harbour.

Siting Yes The development will maintain the existing dwelling forward

on lot with larger rear garden, in accordance with character

statement C9.7.6 P1.

Setbacks (front & rear) Yes The existing front and rear setbacks of the dwelling and the

boundary alignment of the carport will generally be

maintained, as existing.

Setbacks (side) Yes The development generally complies with the side setback

provisions in section B1.4.6, discussed as follows:

The 2-storey infill addition will be set back at ground

floor (Level 1) 1m from the side south western side

boundary with No.1A Waiwera Street, which complies

with the minimum setback of 900mm;

The first floor (Level 2) of the infill addition will be set

back 2m from the side boundary with No.1A, which

complies with the minimum setback of 1.5m; and

The proposed removal of glass blocks on the north

eastern elevation, and replacement with infill brickwork,

will maintain the existing boundary alignment of the

dwelling.

Form, massing & scale Yes The 2-storey infill addition is below and behind the primary

ridge, with pitched roof and compliant setbacks such that the

size of the dwelling remains characteristic and not

significantly larger than the subject and surrounding

dwellings.

Built form character Yes The development will be modulated in plan and elevation,

with uncharacteristic elements such as glass block walls

proposed to be removed, and maintaining a detached

Victorian Filigree dwelling that is characteristic of the

conservation area.





Dwelling entry Yes The replacement of the high masonry & glass block front wall

with a palisade fence and gate will improve the sense of

address while maintaining security for the site.

Roofs Yes The proposed terracotta tile pitched roof to the rear infill

addition will match the existing primary roof typology and

material. The provision of a flat metal roof behind the garage

parapet will minimise streetscape.

Colours & materials The materials palette, comprising primarily rendered and

painted masonry, timber-framed balconies and windows, and

matching tile roof is compatible with the Victorian dwelling

and conservation area, and acceptable to Council‟s

Conservation Planner. The glass pool balustrade will not

detract from the dwelling, being located at the rear of the site

adjacent a planter.

Front fences Yes The removal of existing uncharacteristic elements comprising

a high masonry and glass block fence and front paving, and

replacement with a metal palisade fence with views into a

front garden setting, is consistent with character statement

sections C9.7.6 P10 & C9.7.7 P1, subject to conditions

recommended by the Conservation Planner.

B1.5 Quality Urban Environment

High quality residential

accommodation

Yes The dwelling will maintain high quality internal amenity,

including internal and outdoor areas, and access to natural

light and cross ventilation.

Lightwells & ventilation Yes All habitable rooms will have direct access to natural light

and ventilation.

Safety and security Yes The replacement of a solid front wall with palisade fencing

will improve visual permeability, and active and passive

surveillance of the street.





Vehicular access & car

parking

Yes The widening of the garage opening by 600mm (from 5.7m to

6.1m) and accessed by means of a roller door on the primary

frontage is supported in this instance on balance of the

following:

The proposed clear width will provide for compliant car

parking of up to 2 car spaces for a 4-bedroom dwelling, in

accordance with the maximum parking provision in

section B10.2.1 P1;

The marginal widening of the garage will not have any

material streetscape impacts, given that there is no

laneway access available, there is an existing carport and

roller door portal structure, and the proposed replacement

of the front masonry wall with palisade fencing, which

will result in a net improvement to the streetscape;

The retention of a roller door is acceptable to Council‟s

Conservation Planner, having regard to the existing roller

door, and the angled alignment of the frontage which

precludes use of a panel lift door mechanism;

Council‟s Development Engineer is satisfied the existing

driveway is suitable and fit for use for the double garage.

It is considered that the development will provide adequate

on-site parking and adequate access while providing for a

garden setting and minimise streetscape impacts, which

satisfies the objectives of the provision.

Site coverage No The existing and proposed site coverage exceed the maximum

site coverage provision of 50% of the subject site area of

493.2m2:

Existing Proposed Control Complies

Site Coverage (lot size 230-

499m2) (cl.B1.5.5)

53.97%

(266.2m2)

54.05% (266.6m2) 50% (246.6m

2) (max) No

The development is supported despite the variation as it

satisfies the objectives of the site coverage provision,

discussed as follows:

O1. To ensure that development is balanced and in keeping

with the optimum capacity of the site with no over

development. The increase in site coverage of 0.4m2 (0.08%)

is relatively minor and within the capacity of the site, which

will continue to accommodate a 4-bedroom dwelling on

landscaped grounds.

Site coverage

(continued)

O2. To ensure that development promotes the existing or

desired future character of the neighbourhood. The site is

surrounded by a mixed subdivision pattern and building

typology, with the nearest comparable development for the

purpose of he site coverage provision being the recently

approved compliant developments at No‟s. 8 & 10 Bay View

Street, being properties with an area between 230 & 499m2

and each occupied by a dwelling house (Figure 16).





Figure 16 – Proposed site coverage and approved site coverage on comparable sites

Although the proposed site coverage does not comply, the

development is nevertheless considered to be compatible

with the existing and future character of the area given that

the increase in site coverage of 0.8% from existing is

relatively minor, and resulting in an overall exceedance of

4%, and noting that the subject site is larger in size compared

to the Bay View Street properties by more than 100m2 as can

accommodate a greater site coverage variation while

maintaining the character of the area.

Site coverage

(continued)

O3. To control site density. The marginal increase in site

coverage is attributable to a reduction in the size of the

swimming pool, demolition of garden structures, and infill of

a part of the side/rear courtyard. The new infill provides for

compliant side setbacks and is behind the primary rear

building line of the dwelling to provide for a density of built

form that remains suitable to the site.

O4. To limit the building footprint so as to ensure adequate

provision is made for landscaped area and private open

space. The increase in building footprint of approximately

17m2 in the location of an existing paved area will be

compensated for by demolition of existing BBQ bunker and

provision of a deck with steps connecting to new and existing

garden spaces, thereby maintaining useable indoor/outdoor

amenity and landscaped areas.

Report of Susanna Cheng, Senior Assessment Officer Re: 1 Waiwera Street, Lavender Bay

DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments Landscape area No The existing and proposed landscape & un-built upon areas

do not comply with the minimum & maximum provisions; however, the extent of existing non-compliances will be reduced by the development, in large part, by the replacement of existing paved areas with soft landscaping:

Existing Proposed Control Complies

Landscape Area (cl.B1.5.6) 17.5% (86.4m2) 22.3% (110.1m2) 30% (148m2) (min) No

Un-built Upon Area (max) (cl.B1.5.6)

28.5% (140.6m2) 23.6% (116.5m2) 20% (98.6m2) (max) No

The proposal is considered satisfactory despite the variations, as it generally satisfies the objectives of the landscape area provision, discussed as follows:

(a) Promote the character of the neighbourhood. The development will promote the character of the neighbourhood by virtue of the provision of a front landscape garden setting in place of the existing masonry and glass block wall, and maintain a larger and primary garden to the rear with additional soft landscape area compared to existing.

(b) Provide useable private open space for the enjoyment of residents. The development will provide for useable private open space in the form of a front landscaped courtyard, useable rear decks, garden steps, level lawn and swimming pool.

Landscape area (continued)

(c) Provide a landscaped buffer between adjoining properties. Adequate landscape buffering will be maintained along the south western boundary adjoining No.1A Waiwera Street by the retention of side planters within the front courtyard, stepping stones, groundcovers and climbers within the side setback, and small trees in the location of the existing BBQ structures proposed to be demolished.

(d) Maximise retention and absorption of surface drainage water on site. The replacement of paved courtyards with soft landscaped area of 23.7m2 will improve on-site absorption of surface water.

(e) Minimise obstruction to underground water flow. The proposal does not involve significant earthworks or have any significant impact on underground water flow.

(f) Promote substantial landscaping, that includes the planting of trees that when mature will have significant canopy cover. The proposed increase in soft landscaping of 23.7m2, including feature tree in the front and a small tree at rear, will provide for adequate landscaping appropriate to site constraints.

Report of Susanna Cheng, Senior Assessment Officer Re: 1 Waiwera Street, Lavender Bay

DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments (g) Control site density. The development provides for

increased landscape area and reduced un-built upon area compared to existing.

(h) Minimise site disturbance. The landscape works will be undertaken within the existing sunken front courtyard and rear stepped garden, generally maintaining the existing site topography.

(i) Contributes to streetscape and amenity. The replacement of the existing masonry and glass block wall with palisade fencing with views into the proposed reconfigured landscaped front courtyard will improve streetscape amenity.

(j) Allows light to penetrate between buildings. The species selection, including a feature tree in the font yard, small tree in the rear garden, and groundcovers and climbers within the side setback, will allow light penetration to adjoining property at No.1A Waiwera Street.

(k) Encourage the provision of space for biodiversity conservation and ecological processes. The proposal increases soft landscaping within the site and contribute to ecological processes.

Excavation Yes The proposal does not involve extensive earthworks. Additional landscaping will be provided in the location of existing planters and paved areas, and generally at existing levels. The structural integrity of adjoining properties may be reasonably protected by way of conditions.

Landscaping Yes The proposal involves the removal of Palm trees which have been identified as non-significant species. The removal of the Palm trees will be compensated for by increased soft landscape area on the site, including replacement trees that will provide adequate landscape amenity.

Front gardens Yes The retention of a front garden, together with demolition of the existing front wall and replacement with palisade fencing, will soften built form and improve the streetscape.

Private & communal open space

Yes The site will have at least 40m2 of useable outdoor space at ground level.

Swimming pools & spas Yes The visual and acoustic impacts of the existing swimming pool will be reduced by the proposed reduction in size (partial infill) of the pool and provision of a perimeter planter along the rear boundary.

Garbage storage Site facilities

Yes A bin store will be accommodated within the new garage.





B1.6 Efficient Use of Resources

Energy efficiency Yes A BASIX certificate, including commitments to install a

1.148kL rainwater tank, and gas heater & timer and cover for

the pool.

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

SUBMITTERS CONCERNS

The issues raised in the submission are addressed below.

(a) Stormwater disposal & drainage

Comment: The development will improve the existing on-site drainage system, by virtue

of the replacement of paved terraces with soft landscaped areas; upgrades to the pump-out

system back up to Waiwera Street, including provision for maintenance access, and

monitoring and warning systems; and the installation of subsoil drainage pipes in

consultation with engineers and landscape consultant.



Council‟s Development Engineer has reviewed the submitted concept stormwater and

drainage plan and found it to be satisfactory, subject to conditions requiring the stormwater

disposal system to be designed so as to prevent any stormwater egress into adjacent

properties by the creation of physical barriers and surface drainage interception and pump-

out facilities to Council‟s standards, and restriction and positive covenant as to user, as

appropriate, in favour of North Sydney Council burdening the subject property requiring

the ongoing retention, maintenance and operation of the stormwater facility (pump-out and

charged lines).

CONCLUSION

The development application has been assessed against the North Sydney Local Environmental

Plan 2013 and the North Sydney Development Control Plan 2013.

The breach of the building height development standard is reasonable and justifiable in the

circumstances of the case. The 2-storey infill addition giving rise to the height variation will

maintain the character of the dwelling and not give rise to any streetscape or amenity impacts.

The development will not result in any material impacts on adjoining properties in terms of solar

access, views, privacy or stormwater drainage.

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

Act 1979, the application is considered to be satisfactory and therefore can be approved.

RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

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

Manager as the consent authority, grant consent to Development Application No. 158/15 for

alterations and additions to a dwelling, subject to the attached standard conditions and following

site specific conditions:-

Nib Walls

C22. A nib wall (minimum 150 mm) is to be retained adjacent to proposed “Stair 3” and


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

by the Applicant, referenced and accompanying the issued Construction Certificate, fully

satisfy the above.

(Reason: To allow for the interpretation of the original room configuration)



New Windows and Doors

C23. New windows and doors shall be timber-framed.



satisfy the above.

(Reason: To be sympathetic to the palette of materials used on the heritage item)

New Deck 4

C24. Balustrade to new Deck 4 on first floor (“Level 2”) on the South East Elevation shall be

timber, similar to existing balustrades.



satisfy the above.

(Reason: To be sympathetic to the palette of materials and style used on the

heritage item)

Privacy Screen

C25. Privacy screen for Deck 2 on ground floor (“Level 1”) on the South West Elevation shall

be painted in a visually submissive colour. Metallic finishes are not acceptable.



satisfy the above.

(Reason: To be sympathetic to the heritage item)

Palisade Fence

C26. New metal palisade fence and gate to front boundary shall be steel or wrought iron.




satisfy the above.

(Reason: To be sympathetic to the palette of materials used in the conservation area)



Structural Adequacy of Pool Structure

C27. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the pool structure 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)

Service adjustments

E21. Where required, the adjustment or inclusion of any new utility service facilities must be

carried out by the person acting on the consent and in accordance with the requirements

of the relevant utility authority. These works shall be at no cost to Council. It is the

Applicants full responsibility to make contact with the relevant utility authorities to

ascertain the impacts of the proposal upon utility services at the appropriate stage of the

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

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

influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Susanna Cheng David Hoy

SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS

Stephen Beattie

MANAGER ASSESSMENTS

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

1 WAIWERA STREET, LAVENDER BAY DEVELOPMENT APPLICATION NO. 158/15

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.

Plan No. Issue Title Drawn by Received

DA05 3 Proposed Site Plan Corben Architects 6/7/15 DA06 3 Proposed Level 1 Plan –

Part 1 Corben Architects 6/7/15

DA07 3 Proposed Level 1 Plan – Part 2

Corben Architects 6/7/15

DA08 3 Proposed Level 2 Plan Corben Architects 6/7/15 DA09 3 North-West Elevation Corben Architects 6/7/15 DA10 3 South-East Elevation Corben Architects 6/7/15 DA11 3 North-East Elevation Corben Architects 6/7/15 DA12 3 South-West Elevation Corben Architects 6/7/15 DA13 3 Street Elevations Corben Architects 6/7/15 DA14 3 Section AA Corben Architects 6/7/15

(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)

ATTACHMENT TO IPP01 - 07/10/15

1 WAIWERA STREET, LAVENDER BAY DEVELOPMENT APPLICATION NO. 158/15 Page 2 of 29

September 2013 v1

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) 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)

Dilapidation Survey Private Property (Neighbouring Buildings) C2. A photographic survey and dilapidation report of adjoining properties No’s. 1A & 3

Waiwera Street, Lavender Bay, and No.8 Bay View Street, Lavender Bay, detailing the physical condition of those properties, in the vicinity of the proposed works, both internally and externally as appropriate, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate. All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.



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In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: Proper management of records)

Structural Adequacy of Existing Building C3. 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)

Sediment Control C4. 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.



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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 C5. 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; 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) C6. 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.)



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Roofing Materials - Reflectivity C7. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. 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 ensure that excessive glare or reflectivity nuisance from roofing

materials does not occur as a result of the development) Stormwater Management and Disposal Design Plan – Construction Issue Detail C8. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified drainage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage requirements, Councils Engineering Performance guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.

b) The part of Stormwater runoff (roof areas) must be conveyed by charged system to Council’s kerb. There must be a minimum difference in height between the roof gutter and the discharge pit at the property boundary of 1.8 metres. In addition, all local and friction losses must be taken into account. There must be a gravity flow across the footpath from an isolating pit within the property. All pipes must be a minimum of 100mm with all joints solvent welded. Gutter guards must be installed on all gutters to minimise debris entering the system. All gutters and pipes in the system must be designed for a 1 in 100 year ARI storm event. A Positive Covenant will be required to be placed on the title of the property to inform owners of their responsibility in maintaining the system.

c) All redundant stormwater pipelines within the footpath area shall be removed and the footpath and kerb reinstated.

d) Pipelines within the footpath area shall be hot dipped galvanized steel rectangular hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.

e) Any footpath panel on Waiwera Street disturbed for the purpose of stormwater connection shall be reconstructed as whole panel.

f) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.

g) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit. h) The design and installation of the Rainwater Tanks shall comply with BASIX

and Sydney Water requirements. Overflow from tank shall be connected by gravity to the stormwater disposal system.



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i) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.

j) Provide subsoil drainage to all necessary areas with pump out facilities as required.

Details demonstrating compliance are to be submitted with the Construction Certificate. The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate. (Reason: To ensure controlled stormwater management and disposal without

nuisance) Pump-Out System Design for Stormwater Disposal C9. The design of the pump-out system for stormwater disposal will be permitted for

drainage of basement areas only, and must be designed in accordance with the following criteria: -

a) the pump system shall consist of two pumps, connected in parallel, with each

pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;

b) the pump system shall be regularly maintained and serviced, every six (6)

months; and

c) any drainage disposal to the street gutter from a pump system, must have a stilling sump provided at the property line, connected to the street gutter by a suitable gravity line.

Engineering details demonstrating compliance with these criteria, and certified by an appropriately qualified and practising civil engineer shall be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure adequate provision is made for the discharge of sub-surface

stormwater from the excavated parts of the site) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C10. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $2,500 to be held by Council for the payment of cost for any/all of the following:



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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 in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

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) Tree Bond for Public Trees C11. Prior to the issue of any construction certificate, security in the sum of $6,000 must be

provided to Council for the protection of trees in public places, including the making good of any damage caused to such trees. The security is to be provided in accordance with the Schedule below. The security must be provided by way of:

a deposit with the Council; or

a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.


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If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.

In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.

SCHEDULE

2 x Lagerstroemia indica (Crepe Myrtle) located on the footpath adjacent to 1 Waiwera Street

(Reason: Protection of existing environment public infrastructure, community

assets and significant trees) Asbestos Material Survey C12. 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)



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Location of Plant C13. All plant and equipment (including but not limited to air conditioning equipment) is

not to be located on balconies or the roof. Plans and specifications complying with this condition must be submitted to the Certifying Authority for Approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: Minimise impact on surrounding properties, improved visual

appearance and amenity for locality) Air Conditioners in Residential Premises C14. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or

(ii) before 7.00am or after 10.00pm on any other day

(b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence.

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity)

Swimming Pool Pumps on Residential Premises C15. The Certifying Authority must be satisfied that the swimming pool pump to be

installed on the premises must not:

a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);



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(i) before 8.00am and after 8.00pm on any Sunday or Public Holiday; or

(ii) before 7.00am or after 8.00pm on any other day

(c) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals .


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

Details demonstrating compliance with the requirements of this condition must be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

(Reason: To maintain residential amenity)

Noise and Vibration from Major Roads and Rail Corridors (A)

C16. The alterations and additions to the dwelling shall be acoustically designed and constructed to comply with the requirements of “Assessing Vibration: a technical guideline” issued by the NSW Environment Protection Authority, and in accordance with clause 87(3) of State Environmental Planning Policy (Infrastructure) 2007 as follows, whichever is the more stringent:

(a) in any bedroom in the building—35 dB(A) at any time between 10.00 pm and 7.00 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

(Reason: To comply with State policy/regulations and to ensure a suitable level of amenity not affected by excessive noise and vibration from surrounding activities)

Pool Access

C17. Access to the pool must be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act 1992, and the barrier is to conform to the requirements of the applicable Australian Standard. 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 safety of children and make applicant aware of the need

to comply with applicable pool fencing legislation)



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Swimming Pool Water to Sewer C18. The swimming pool, including overflow water, must be drained to the sewer. The

consent of Sydney Water to dispose of wastewater must be obtained prior to the issue of any Construction Certificate. Plans and specifications complying with this condition and any conditions/ requirements of Sydney Water 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 comply with this condition and any conditions/ requirements imposed by Sydney Water.

(Reason: Water from a swimming pool is classified as wastewater and cannot be

legally disposed of into the stormwater system) Pool Filter C19. The pool filtering equipment must be encased by a soundproof cover and must be

located six (6) metres from any habitable room in a dwelling on a neighbouring property. 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 noise generated by equipment does not result in offensive

noise) Security Deposit/ Guarantee Schedule C20. 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) $6,000.00 Footpath Damage Bond $2,500.00 TOTAL BONDS $8,500.00

(Reason: Compliance with the development consent)



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BASIX Certificate C21. 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. (A215766) 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) Nib Walls C22. A nib wall (minimum 150 mm) is to be retained adjacent to proposed “Stair 3” and


The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.

(Reason: To allow for the interpretation of the original room configuration) New Windows and Doors C23. New windows and doors shall be timber-framed.


(Reason: To be sympathetic to the palette of materials used on the heritage item) New Deck 4 C24. Balustrade to new Deck 4 on first floor (“Level 2”) on the South East Elevation shall

be timber, similar to existing balustrades.


(Reason: To be sympathetic to the palette of materials and style used on the

heritage item)



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Privacy Screen C25. Privacy screen for Deck 2 on ground floor (“Level 1”) on the South West Elevation

shall be painted in a visually submissive colour. Metallic finishes are not acceptable.


(Reason: To be sympathetic to the heritage item) Palisade Fence C26. New metal palisade fence and gate to front boundary shall be steel or wrought iron.



(Reason: To be sympathetic to the palette of materials used in the conservation

area) Structural Adequacy of Pool Structure C27. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the pool structure 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) D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. 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.



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(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) Sydney Water Approvals D2. Prior to the commencement of any works, the approved plans must be submitted to a

Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works.

Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92.

(Reason: To ensure compliance with Sydney Water requirements) Asbestos Material Survey

D3. Prior to the commencement of any works, 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.



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(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

Commencement of Works Notice

D4. 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) 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.



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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)

Temporary Disposal of Stormwater Runoff E4. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably manage and control runoff as far as the approved point of stormwater discharge. Such ongoing measures must be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Removal of Extra Fabric E5. 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 E6. 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.



September 2013 v1

(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)

Noise and Vibration E7. 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 E8. 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

E9. 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 E10. 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: -



September 2013 v1

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)

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. (Reason: Proper management of public land)

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 E11. 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.



September 2013 v1

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.

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) Out of Hours Work Permits E12. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.

2) Applications for out of hour’s works should be lodged with Council no later than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include:



September 2013 v1

• the erection of awnings, • footpath, road and other infrastructure works which can not be

carried out for public convenience reasons within normal hours, • the erection and removal of hoardings and site cranes, and • craneage of materials which cannot be done for public convenience

reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up works required to maintain or catch up with a construction

schedule.

5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

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

expectations of residents and the community) Installation and Maintenance of Sediment Control E13. 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.


erosion from development sites) Sediment and Erosion Control Signage E14. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.


erosion from development sites)


http://www.northsydney.nsw.gov.au/�


September 2013 v1

Site Amenities and Facilities E15. 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) Health and Safety E16. 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

E17. 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

E18. 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)


http://www.northsydney.nsw.gov.au/�


September 2013 v1

Waste Disposal

E19. 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) Asbestos Removal

E20. 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) Service adjustments E21. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met) F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation Building Code of Australia

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

(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:



September 2013 v1

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.

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.

(Reason: Prescribed - Statutory)

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)



September 2013 v1

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) Excavation/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.

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.

(Reason: Prescribed - Statutory)



September 2013 v1

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)

Pool Access

G2. Access to the pool must be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act 1992, and the requirements of the applicable Australian Standard. The pool must not be filled with water or be allowed to collect stormwater until the installation of the child resistant barrier is completed. Certification from an appropriately qualified person confirming compliance with these requirements must be provided prior to the issuing of any Occupation Certificate.

(Reason: To ensure that any person acting upon this consent is aware of their obligations under the provisions of the Swimming Pools Act)

Pool Safety Requirements G3. A notice must be displayed in a prominent position in the immediate vicinity of the

pool at all times showing:

a) Appropriate instructions of artificial resuscitation methods.

b) A warning stating:

(i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, and

(ii) “POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and (iii) “KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900

MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”,

Details demonstrating compliance are to be provided with any Occupation Certificate issued for the pool.

This notice must be kept in a legible condition and at the poolside. (Reason: To ensure an adequate level of safety for young pool users)



September 2013 v1

Damage to Adjoining Properties G4. 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 G5. 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) Covenant & Restriction (Stormwater Control Systems)

G6. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and one copy must be submitted to Council in registrable form, providing for:: a. a restriction as to user and positive covenant as to user as appropriate in favour

of North Sydney Council burdening the subject site requiring the ongoing

retention, maintenance and operation of the stormwater facility (on-site

detention, pump-out, charged lines);

b. North Sydney Council being nominated in the Instrument as the only party authorised to release, vary or modify the Instrument;

c. the wording on the Instrument making reference to the Council file/s which

hold:

(a) the Construction plans; and

(b) the “Work-as-Executed” (as built) plans;

Upon Council being satisfied as to the terms of the Instrument, North Sydney Council’s official seal will be affixed to these documents, prior to submission to the Land & Property Information Office for registration The Instrument creating the restriction and/or covenant under ss 88B and 88E required by this condition of consent must be registered on the Title of the development site prior to the issue of an Occupation Certificate or commencement of use of the site, whichever is the earlier.

Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate.



September 2013 v1

All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system) Asbestos Clearance Certificate G7. 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

G8. 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) Landscaping G9. The landscaping shown in the approved landscape plan numbered L100C prepared by

Spirit Level Designs Pty Ltd dated 12 May 2015 and received by Council on 21 May 2015 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance)



September 2013 v1

Damage to Adjoining Properties G10. 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:

a) whether any damage to adjoining properties has occurred as a result of the

development; b) the nature and extent of any damage caused to the adjoining property as a

result of the development; c) the nature and extent of works required to rectify any damage caused to the

adjoining property as a result of the proposed development; d) the nature and extent of works carried out to rectify any damage caused to the

adjoining property as a result of the development; and e) 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)

I. On-Going / Operational Conditions Pool Filter I1. The swimming pool pump installed at the premises must not operate so as to:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(j) before 8.00am and after 8.00pm on any Sunday or Public Holiday; or (ii) before 7.00am or after 8.00pm on any other day

(b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.



September 2013 v1

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.


Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To ensure noise generated by equipment does not result in offensive

noise) Single Occupancy I2. Nothing in this consent authorises the use of the premises other than for a single

occupancy.

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


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2


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.

7 Waiwera Street, Lavender BayStatement of Envi ronmental Effects

Appendh B - Clause 4.6 request - bulldlng helÉht control

Requestfor exception under clause 4.6 of North Sydney Local Environmental Plan 2013to clause 4.3(2) of North Sydney Local Environmental Plan 2072

Premises: No. l Waiwera Street, Lavender Bay.

Proposal: Alterations and additions to the existing dwelling house.

Control: Buildingheight

The control þrovides that the maximum building height on the site is 8.5 metres.

The proposal is for minor additions to a heritage listed building. The additionscontinue the existing roof form, which exceeds the building height control. As aresult the proposal additions exceed the building height control to a maximum ofapproximately 1.0 metres.

lntroduction:

Clause 4.6(7) of NSLEP 2013 states:

(7) The objectives of this c/ause are as follows:

(a) to provide an appropriate degree of flexibility in applyìnt certain developmentstanda rds to particula r development,

(b) to achieve better outcomes for and from development by allowingflexibility inparticula r ci rcumsta nces.

To utilise the flexibility provided by clause 4.6 of NSLEP 2013 it is necessary for the applicantto demonstrate:

(a) that complÌance with the development standard is unreasonable or unnecessary inthe circumstances of the case, and

(b) that there are sufficient environmental plannin! Srounds to justify contraveninSthe deve lo p m e nt sta nd a rd.

ln addition, Council must be satisfied that:

(i¡) the proposed development will be in the public interest because it rs consrstentwith the objectives of the particular standard and the objectives for developmentwithin the zone in which the development is proposed to be carried out.

ln exercising delegation from the Director-General of the Department of Planning, Councilmust consider:

(a) whether contravention of the development standard raises any matter ofsignificance for State or regional environmental planning, and

Symons Goodyer fty Limited Page 27.

ATTACHMENT TO IPP01 - 07/10/15 Page 93

7 Waiwera Street, Lavender BayStatement of Envi ronmental Effects

(b) the public benefit of maintainingthe development standard, and

(c) any other matters required to be taken into consideration by the Director-Generalbefo re gra nti ng con cu r rence.

This clause 4.6 request has been structured in accordance with the approach adopted by theCourt in Winten Property Group Limited v North Sydney Council t20011 NSWLEC 46 and alsoconsiders the ways in which a SEPP 1 objection can be sustained as listed in Webhe vPittwater Councill2OOTl NSWLEC 827 at126l.

L. ls the planning control in question a development standard?

Clause 4.3 of NSLEP 2013 is attached as Appendix BlAppendix 81

The definition of "development standards" in Section 4(7) of the EnvironmentalPlanning and Assessment Act 1979 is attached as Appendix 82.

Clause 4.3(2) is a development standard as it fixes a requirement for the height of thebuilding.

2. What is the underlying object or purpose of the standard?

The underlying objects of the standard are stated in clause 4.3(t) to be:

(a) to promote development that conforms to and reflects natural landforms, bysteppint development on slopin! land to follow the natural gradient,

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

(c) to maintain so/ar access to exrsting dwellings, public reserves and streets, andto promote so/ar access for future development,

(d) to maintain privacy for residents of existing dwellings and to promote privacy forresldents of new buildíngs,

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

(f) to encourage an appropriate sca/e and density of development that is inaccordance with, and promotes the character of, an area.

3. ls compliance with the development standard consistent with the objectives of clause4.6?

Compliance would necessitate an inflexible application of the developmentstandard in circumstances where the development otherwise satisfies theobjectives of the control.

a

Compliance would result in the additions not being of a height and roof form thatmatches the existing building and would have a negative impact on the heritagevalue of the building. Breachingthe control in these circumstances results in abetter planning outcome.

a

Syrnons Goodyer Pty Limited Page 22


5.

7 Waiwera Street, Lavender BayStatement of E nvi ro n me nta I Effects

4. Does non+ompliance with the development standard ralses any matter of significancefor State or reg¡onal env¡ronmental planning?

No

ls compliance with the development standard unreasonable or unnecessary in thecircumstances of the case

Compliance with the development standard is unreasonable and unnecessary for thefollowing reasons:

5(a). Achievement of the underlying objectives of the standard

The proposal, to the extent that it beaches the height control is located on a flatterrace on the site and reflects the natural landform.

The proposal will maintain view sharing as the additions are located to the side ofthe building.

The proposal results in minimal additional overshadowing, as shown on theshadow diagrams (Drawings DA-15 to DA-20).

The proposal has been designed to maintain privacy between dwellings. A detailedassessment of the ways in which this has been achieved is included in thisStatement of Environ menta I Effects.

a The building has a height, bulk and scale that is compatible with its neighbours

a The scale and density of the development ls appropriate for the area andconsistent with the desired future character for the McMahons PointNeighbourhood.

5(b). ls the standard relerrant to this development?

The applicant does not rely upon this method of demonstrating that compliance withthe development standard is unreasonable or unnecessary.

5(c). Would the underlying objective be defeated or thwarted if compliance was required?


5(d). Has the development standard been abandoned or destroyed by Council's ownac'tions?


5(e). ls the zoning of the particular land unreasonable or ¡nappropr¡ate?

a

a

a

a

Symons Goodyer Pty Limited Page 23


7 Waiwera Street, Lavender BayStatement of E nvi ro n m ental Effects


6. Are there sufficient env¡ronmental planning grounds to justit vary¡ng the developmentstandard?

Yes. The proposal will improve the appearance of the building and the amenity of theresidents whilst creating no unreasonable impacts on neighbouring residentialamenity or public views. lt maintains the heritage significance of the building and theopen palisade fence and proposed landscaping will improve the streetscape and thesetting of the building.

7. Are there any other matters to consider before ageeing to the exception?

Yes. Senior Commissioner Moore in Chidiac v Mosman Council[2075] NSWLEC 1044drew attention to the requirement in clause 4.6(bxii) of MLEP2012 and that it isnecessary to'demonstrate that the proposal will satisfy the objectives for the buildingheight control and for the R3 Medium Density Residential zone to demonstrate thatthe requirement that the proposal be in the public interest has been met.

ln this regard, the objectives for the R3 Medium Density Residential zone are:

To provide for the housinf, needs of the community within a medium densityreside ntial enví ron me nt.

To prouide a variety of housing types within a medium density residentialenvironment.

To enable other land uses that provide facilities or services to meet the day today needs of residents.

To encourate the development of sites for medíum density housinf if suchdevelopment does not compromise the amenity of the surroundin{ area or thenatural or cultural heritage of the area.

To provide for a suitable visual transition between high density residential areasand lower density residential areas.

a To ensure that a hi{h level of residential amenity is achieved and maintained.

The proposal is consistent with these objectives for the following reasons

,/ lt provides for the housing needs of the community within a medium densityresidential environ ment.

,/ lt retains the variety of housing types within the zone.

'/ The proposal does not seek to provide any land uses other than residential.

,/ The building is a heritage item and providing medium density housingon this sitewould be inconsistent with maintainingthe cultural heritage of the area.

a

a

o

a

a

Symons Goodyer Pty Limited Page 24.


TWaiwera Street, Lavender Baystatement of E nv i ro n m e nta I Effects

8.

,/ The proposal has been architecturally designed to provide a high level of amenitywithout compromising the amenity of neighbouring dwellings.

ls the exception request well founded?

For the reasons given above the exception request is considered to be well founded.

¿"{f'"/"Geoff Goodyer18 May 2OL5

Symons Goodyer fty Limited Page 25.


7 Waiwera Street, Lavender BayStatement of Environmental Effects

Appendix 81

Clause 4.3 of NSLEP 2013

43 Height of buildings

(1) The objectives of this clause are as follows:

(a) to promote development that conforms to and reflects natural landformsby stepping development 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 promote solar access for future development,

(d) to maintain privacy for residents of existing dwellings and to promoteprivacy for residents ofnew buildings,

(e) to ensure compatibility between development, particularly al- zoneboundaries,

(Ð to encourage an appropriate scale and density of development that is inaccordance with, and promotes the character of, an area.

(2) The height of a building on any land is not to exceed the maximum height shownfor the land on the Height of Buildings Map.

(2A) Despite subclause (2),the heigbt of the street elevation of any building on land inZoneR2 Low Density Residential that is also within a heritage conservation areamust not exceed 5.5 metres unless any adjoining buildings with the same streetfrontage are at least 2 storeys high.

(28) Despite subclauses (2) and (24), the maximum height of a building on land in thefollowing zones with a site area of less than 230 square metres (excluding the areaof any access handle, access way or right of carriageway) must not exceed 5.5

metres:

(a) ZoneR2 Low Density Residential,

(b) Zone R3 Medium Densþ Residential,

(c) Zone R4 High Density Residential.

(2C) (Repealed)

Symons Goodyer Pty Limited Page 26.


7 Waiwera Street, Lavender BayStatement of E nvi ro n m e nta I Effects

Appendix 82

Defin ition of "development standa rds"

development standards means provisions of an environmental planning instrument or theregulations in relation to the carrying out of development, being provisions by or under whichrequirements are specified or standards are fixed in respect of any aspect of that development,including, but without limiting the generality of the foregoing, requirements or standards inrespect of:

(a) the area, shape or frontage of any land, the dimensions of any land, buildings or works, orthe distance of any land, building or work from any specified point,

(b) the proportion or percentage of the area of a site which a building or work may occupy,

(c) the character, location, siting, bulk, scale, shape, size, height, density, design or externalappearance of a building or work,

(d) the cubic content or floor space of a building,

(e) the intensity or density of the use of any land, building or work,

(f) the provision ofpublic access, open space, landscaped space, tree planting or othertreatment for the conservation, protection or enhancement of the environment,

(g) the provision of facilitieq for the standing, movement, parking, servicing, manoeuvring,loading or unloading of vehicles,

(h) the volume, nature and type of traffic generated by the development,

(i) road patterns,

O drainage,

(k) the carrying out of earthworks,

(l) the effects of development on patterns of wind, sunlight, daylight or shadows,

(m) the provision of services, facilities and amenities demanded by development,

(n) the emission of pollution and means for its prevention or control or mitigation, and

(o) such other matters as may be prescribed.

Symons Goodyer Pty Limited Page 27,


item - reports€¦ · report of susanna cheng, senior assessment officer page 2 re: 1 waiwera...

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