no rth syd n e y coun ci l r e por t s · independent planning panel: a) the decisions of the north...

ITEM CiS02 REPORTS 20/07/15

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

I:\# Governance Section\Council Meetings\Word Council\2015\3667_150720\CiS02 NSIPP annual review.doc

Report to General Manager Attachments:

1. Summary of applications determined by NSIPP SUBJECT: North Sydney Independent Planning Panel (NSIPP) - Annual Review AUTHOR: Geoff Mossemenear, Executive Planner ENDORSED BY: Joseph Hill, Director City Strategy EXECUTIVE SUMMARY: At its meeting of 22 July 2013, Council resolved to establish the North Sydney Independent Planning Panel (NSIPP) for a trial period of 12 months. The Panel was established with its first meeting held on 11 September 2013.

The NSIPP process was fine tuned over the trial period. Following a review of the trial period, Council resolved at its meeting of 21 July 2014, that the North Sydney Independent Planning Panel be ongoing with annual reviews being made of its performance to be reported to Council. Council also resolved (Min. No 272):

4. THAT the following changes be made to the operation of the North Sydney Independent Planning Panel: a) the decisions of the North Sydney Independent Planning Panel be announced in a public session to be held after the determination session of the Panel has been concluded. The likely time of this session is to be made known to the gallery prior to the close of the public hearing; b) the timing of the public hearing commence no earlier that 4pm to allow greater ease of access for the public; c) the foregoing changes be introduced as from the first Panel meeting of 2015; and d) the relevant policy and procedures be amended to reflect the above changes.

The Panel is operating effectively in accordance with both the charter adopted by Council since September 2013 and the “fine tuning” adopted on the 21 July 2014. This report examines the performance of the Panel and recommends its continuation and further fine tuning with regard to the public hearing aspect. FINANCIAL IMPLICATIONS: Funding for the project is appropriate. Sufficient funding is provided in the budget. RECOMMENDATION: 1. THAT Council continues with the North Sydney Independent Planning Panel (NSIPP) based on the adopted Charter and Code of Conduct, under Section 355 of the Local Government Act 1993 comprising:

Report of Geoff Mossemenear, Executive Planner Re: North Sydney Independent Planning Panel (NSIPP) - Annual review (2)


a) A Determining Body, to consider and determine development applications and s96 modifications referred to it by the General Manager or any other matters referred to it pursuant to the specific resolution of the Council., and b) A Review Body, to consider and determine S82A reviews of determinations made by the NSIPP. 2. THAT Council delegate authority under Section 377 of the Local Government Act 1993 to the two bodies formed above as follows:- a) The Determining Body shall have authority to consider and determine development applications and s96 modifications referred to it by the General Manager or any other matters referred to it pursuant to the specific resolution of the Council. b) The Review body shall have authority to consider and determine S82A reviews of determinations made by the NSIPP. 3. THAT the role of the Panel be ongoing with annual reviews being made of its performance to be reported to Council for consideration. 4. THAT the following changes be made to the operation of the North Sydney Independent Planning Panel: a) The timing of the public hearing commence no earlier that 2pm



LINK TO DELIVERY PROGRAM The relationship with the Delivery Program is as follows: The relationship with the Delivery Program is as follows: Direction: 2. Our Built Environment

Outcome: 2.2 Improved mix of land use and quality development through design excellence

Direction: 5. Our Civic Leadership

Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision making.

BACKGROUND At its meeting of 22 July 2013, Council resolved to establish the North Sydney Independent Planning Panel (NSIPP) for a trial period of 12 months. The Panel was established with its first meeting held on 11 September 2013. Following a review of the trial period, Council resolved at its meeting of 21 July 2014 (Min. No. 272), that the North Sydney Independent Planning Panel be ongoing with annual reviews being made of its performance to be reported to Council. This report provides a review of the Panel’s operations over the last 12 months. CONSULTATION REQUIREMENTS A major part of the assessment of the initial performance of NSIPP involves the views and opinions of those customers comprising, residents, ratepayers, applicants and professional consultants have of the Panel’s performance during the trial period. A questionnaire was distributed seeking the views of applicants and residents that attended the first six Panel meetings and addressed the Panel. As reported in the review of the trial period, there was an excellent response rate to the questionnaire and further community engagement was not considered to be warranted. Council’s records do not indicate any complaints from the community against the Panel or its performance although there are several applicants that did not agree with the decisions where there was a refusal or more restrictive conditions imposed. SUSTAINABILITY STATEMENT The sustainability implications are of a minor nature and as such did not warrant a detailed assessment. DETAIL



At its meeting of 22 July 2013, Council resolved to establish the North Sydney Independent Planning Panel (NSIPP) for a trial period of 12 months. The Panel was established with its first meeting held on 11 September 2013. Following a review of the trial period, Council resolved at its meeting of 21 July 2014, that the North Sydney Independent Planning Panel be ongoing with annual reviews being made of its performance to be reported to Council. Council also resolved (Min. No. 272):

4. THAT the following changes be made to the operation of the North Sydney Independent Planning Panel: a) the decisions of the North Sydney Independent Planning Panel be announced in a public session to be held after the determination session of the Panel has been concluded. The likely time of this session is to be made known to the gallery prior to the close of the public hearing; b) the timing of the public hearing commence no earlier that 4pm to allow greater ease of access for the public; c) the foregoing changes be introduced as from the first Panel meeting of 2015; and d) the relevant policy and procedures be amended to reflect the above changes.

This report provides a review of the Panel’s operations over the last 12 months. NSIPP overview NSIPP is made up of one Chair, three panel members (one being a resident of North Sydney) and alternate members (one being a resident of North Sydney). This ensured that four panel members will be available for every meeting including one community member.

Panel meetings are held on a monthly basis on a Wednesday during business hours.

The agenda and reports are available to the public usually on the Thursday evening before the meeting and no later than 4 days prior to the meeting.

Applicants and submitters are contacted by email and phone to advise of the agenda and invited to advise Council if they wish to address the Panel

The Panel meets before the public meeting for site visits using the Community bus.

The Panel carries out on-site inspections of properties, the subject of the development applications and/or submissions on the day of the panel meeting.

The Panel visits all site where invited by submitters.

Site inspections are for the Panel to acquaint themselves with the site and relevant issues. Independent inspections by panel members are not permitted.

The Panel returns to Council for briefings with Council Assessment Planners who wrote the reports.

The public meeting is held in the Council Chambers.

The Chair introduces the Panel and ensures that there are no conflicts of interest.

Each agenda item is dealt with and the submitters are invited to address the Panel first with the applicant to follow.



The Panel may ask questions of the submitters and applicants.

No determinations are made in the public meeting.

Following the public meeting, the Panel adjourns to the Supper Room for deliberations.

Council officers are available to assist with any queries and prepare the minutes based on the consensus decision of the Panel.

The decisions are announced in a public session held after the determination session of the Panel.

The minutes are endorsed by the Chair and posted on Council’s website with 24 hours of the meeting

The Panel deals with applications which demonstrate significant issues of public interest and/or material impacts which have not been fully resolved through the application process. The Panel also deals with applications that exceed the planning controls when delegation to Council staff is not allowed and where significant conflicts of interest are noted. Panel meetings while structured tend to be held in a relaxed less formal fashion. The Panel is required under its charter to provide an independent and open forum for interested persons and groups to make submissions about development proposals and to provide transparency in the process with expert assessment of development proposals. By having contentious and difficult development applications considered by independent experts, applicants and residents are assured that their particular issues are fully considered and the process has been thorough and rigorous. The Panel is required under its charter to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the merits of the case without regard to technicalities or legal forms. Review: Summary of determinations Attached is a summary of the applications that have been determined by the Panel over the last 12 months from 4 June 2014 up to its meeting of 3 June 2015. There were 104 development applications determined with an average of 8-9 applications at each meeting. The Panel is provided with a detailed assessment report and has the benefit of a site visit and briefing by the assessment planners. Applicants and objectors are encouraged to attend the public meeting and address the Panel before the application is determined. Of the 104 applications determined up to 3 June 2015, there have been 93 applicants and 61 objectors address the Panel.

It should be noted that there are a large number of applications that are not contentious that are referred to the Panel. These involve a variation to a development standard (normally height) by more than 10%. The Director General of Planning does not allow Council staff to have delegation to deal with variations of development controls in excess of 10%. There were 50 applications in this category representing 48% of the total NSIPP determinations. The majority involved alterations and additions to dwellings where there was already a breach of the height control i.e. alterations to existing long standing dwellings.



The Council Officer’s recommendation was endorsed by the Panel without change for 41 of the 104 applications. The majority of the remainder of the applications was endorsed with changes to the conditions either by modification, deletion or addition to the conditions.

The officer’s recommendation was substantially disagreed with on only one occasion but even in that circumstance the application (91 Bellevue Street) was required to have substantial amendments made to it prior to ultimate favourable determination by the Panel. Had the amendments been made as requested through the assessment process a favourable officer recommendation may have resulted.

Councillors called up 8 applications over the last year. Four of the applications were recommended for refusal and 2 were refused, one was approved with a deferred commencement and the other deferred for amended plans. The remaining 4 applications were recommended for approval and approved with amendments to the conditions.

It is of note that no appeals have been lodged against NSIPP decisions over the period in which the Panel has operated. This has obvious flow on benefits onto Council’s legal budget and its overall bottom line as less officer time is spent reviewing and defending determinations. Public Meetings Last year, Council resolved to make the following changes to the operation of the Panel: The decisions of the North Sydney Independent Planning Panel be announced in a public session to be held after the determination session of the Panel has been concluded. The likely time of this session is to be made known to the gallery prior to the close of the public hearing. The timing of the public hearing commence no earlier that 4pm to allow greater ease of access for the public. With regard to announcing the decisions after the determination session, the Chair has been asking the applicants and submitters if they wish to stay and wait for the announcement after the determination session. Generally there are 2 or 3 applications where someone wishes to return for the announcement. The Chair provides an estimate on how long the determination meeting should take and the Panel then determines those applications first to minimise the time for the public to wait. After the public announcement the Panel then returns to the closed session for determination of the remaining applications. This appears to be working well.

The following table details the time taken for each meeting after the site visits commencing in the morning. The 2014 meetings commenced at 2pm and the 2015 meetings commenced at 4pm.



Meeting 4/6 2/7 6/8 3/9 1/10 5/11 3/12 4/2 4/3 1/4 6/5 3/6

Public 2pm 2pm 2pm 2pm 2pm 2pm 2pm 4.35pm 4pm 4pm 4pm 4pm

Determination 3.15 2.20 3.05 3.25 2.20 4.30 4.15 6.55 4.55 6.55 6.00 6.00

Finish 5.30 4.15 4.35 5.40 3.15 6.50 7.00 8.50 6.10 9.25 7.30 8.20

No. of applications

9 9 7 5 3 12 14 10 9 9 9 8

No. of speakers 5A 5S

3A 7A 2S

6A 3S

1A 9A 12S

14A 9S

11A 6S

4A 12A 16S

11A 5S

10A 3S

The later starting time does not appear to be of benefit to either applicants or submitters. Announcement of decisions would generally occur and hour or more after the public meeting at around 7pm to 8pm compared to 5pm to 6pm with a 2pm start.

The Panel commences at 11am for site visits and this usually takes 3 to 4 hours to complete. With the later starting time, the Panel needs to come back to Council part way through the visits for a meal break which in turn increases the time for inspections and reduces the available time for briefing with staff.

Another issue to consider is that Council staff involved with NSIPP, commences their normal duties at 9am and then assists the Panel until the end of the determination meeting between 7.30pm to 9.30pm. Staff being required after 6pm adds to the cost of the Panel with overtime payments (plus travel costs) though this issue is not a determinative factor given the relative modest costs (around $6,350 per year). This cost is significantly less than the cost of holding and staffing Saturday site meetings. Conclusion The NSIPP process has been fine tuned since its commencement in September 2013and will be further improved as issues arise. All the Panel members have proven to be suitable for the position and have worked well together and with Council staff. Council Planners have also benefitted with dealing with such experienced professionals in their field. The Panel has been extremely effective in dealing with the development applications referred to it. The Panel is operating as an informal, open, independent and public forum in accordance with the charter adopted by Council. The announcement of decisions on the day has been working well on the basis of announcing only the decisions on applications when applicants and submitters wish to remain. The starting time of 4pm has caused some procedural problems for the Panel as well as increasing staff costs. Reverting to the 2pm starting time would resolve these issues. If the Council is in two minds about reversal of the starting time, public consultation could be undertaken on this point alone.

The Council Officer's Recommendation is endorsedby the Panel

The Council Officer's Recommendation is endorsedby the Panel subject to an amendment tocondition A6 requiring any plant species to beappropriately selected and maintained at a height

reater than RL 29.0mnoThe Council Officer's Recommendation is endorsedby the Panel subject to changes to Condition 45.

The Council Officer's Recommendation is endorsedby the Panel subject to the deletion of therecommended Condition 44.


The Council Officer's Recommendation is endorsedby the Panel subject to condítion Cl not applyingto the kitchen, dining and living room ceilingbattens.The Council Officer's Recommendation is endorsedby the Panel subject to Conditions C14, C18, C23and Ell beinq modified for clarification.The Council Officer's Recommendation is endorsedby the Panel

The Council Officer's Recommendation is endorsedby the Panel subject to changes to Condition Cl

Alterations and additions tothe dwelling house includingpaftial conversion of the

Demolition of fírst floor,construction of a rear addition,qaraqe and carpoftDemolition of existing dwellingand construction of new threestorey dwelling with basementcar parking

Alterations and additions toconveft duplex into 3apaftments with new lowerfloor and additional floorSection 96(14) application tomodify Consent No 4L7lLzwith regard to change to roof;repositioning of lift; change towindowInternal alterations

Alterations

Construction of a three storeydwelling with a double garageat street levelAlterations and additions tothe existing dwelling

The noncompliance withthe permitted height limitis qreater than 10olo

Public Interest

Public Interest

Public Interest

The subject unit is locatedin close proximity to theresidence of an electedmember of CouncilThe subject unit is locatedin close proximity to theresidence of an electedmember of CouncilThe noncompliance withthe permitted height limitis qreater than 10olo

The noncompliance withthe permitted height limitis qreater than 10o/o

One of the owners of theproperty is a NofthSvdnev Councillor

Street,143 HoltermannCrows Nest

10 Bay View Street, LavenderBay

6 East Crescent Street,McMahons Point

58 Blues Point Road,McMahons Point

Unit 3, 19 Holbrook Avenue,Kirribilli

Unit 9, 19 Holbrook Avenue,Kirribilli

12 Adderstone Avenue, NorthSydney

154. Lower Wycombe Road,Neutral Bay

2 Green Street, CremornePoint

761t4

409113

3671t3

4L7lt2l2

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ATTACHMENT TO CiS02 - 20/07/15

existing undercroft area to astudy room with new glazingto existing openings, replaceexisting fence to Kareela Lanewith a timber fence and slidingqate


The Council Officer's Recommendation is endorsedby the Panel subject to 2 additional conditions

The Council Officer's Recommendation is endorsedby the Panel subject to 2 additional conditions



The Council Officer's Recommendation is endorsedby the Panel subiect to chanqes to conditions 81,

Alterations and addition to anexisting two storey semi-detached dwelling including asinqle storey rear additionAlterations and additions todetached dwelling

A new 1800mm lap and cappaling fence on Council landthat is proposed to be leasedby the owners of the No. 37Spruson Street, Neutral BavSubdivision into 2 lots

Alterations and additions tothe existing residential flatbuilding comprising windowreplacements, addition ofbalconies to the southern andeastern elevations and accessdoorsAlterations and additions to adwellinq, includinq qaraqe

The noncompliance withthe permitted height limitis greater than 10olo


In accordance withCouncil procedures forCouncil land

To ensure that there is noconflict of interest in theapproval process and thatthe final decision is madeindeoendentlvThe noncompliance withthe permitted height limitis greater than 10olo

The noncompliance withthe permitted heiqht limit

5 Byrnes Avenue, NeutralBay

35 Tobruk Avenue, Cremorne

37 Spruson Street, NeutralBay

40 Kurraba Road, NeutralBay

21 Waruda Street, Kirribilli

3 Oak Street, North Sydney

L23lL4

LO4/t4

ss/74

r37 /74

1.49/L4

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CLz. CL3. CL7. ES and GB

The Council Officer's Recommendation is endorsedby the Panel subject to an amendment to C28,C42. G3. G17 and 13

The Council Officer's Recommendation is endorsedby the Panel subject to the deletion of thechimney and the incorporation of a Victorian styledormer in the roof. Condition C1 and C2 are to bedeleted as a consequence and a new deferredCommencement Condition is to be insertedThe Council Officer's Recommendation is endorsedby the Panel subject to changes to E9

Modification to existingconsent for the erection of amixed use building - Extensionof construction hours

Mixed Use Building

Alterations and additions tosemidetached dwelling

is qreater than 10olo


The noncompliance withthe permitted height limitis greater than 10%

Due to the proximity ofthe site to adjacentresidents areas and dueto the number of publicsubmissions received

479 Pacific Highway, CrowsNest

B Carlow Street, NorthSydney

239-247 Pacific HighwayNorth Sydney

466/L3

6t/L4

t4slLtl6


The Council Officer's ReCommendation is endorsedby the Panel

The Council Officer's Recommendation is endorsedbv the Panel subiect to additional conditionThe Council Officer's Recommendation is endorsedby the Panel

Alterations and additions toattic, including raising of roofridqeTo modify a consent for theerection of a double carport, toaccommodate â gym,bathroom and laundry underthe carport, and associatedlandscaoe worksAlterations and Additions tothe Existinq DwellinqAlterations and addition to anexisting multi storey apaftmentbuilding including new façadecladding, fire safety upgradeworks, a roof terrace/pergolaand a new concrete slab to sea


It relates to DAB6/14currently before the Paneland provides relevantcontext in the assessmentof both applications

Public Interest

The noncompliance withthe permitted height limitis greater than 10o/o

StreeÇ26 MoftonWollstonecraft

26 MoftonWollstonecraft

Street,

2 Woolcott Street, Wavedon

21 Elamang Avenue, Kirribilli

86l14

27tlt2l2

r33lL4

94114




The Council Officer's Recommendation is endorsedby the Panel subject to amendment to theconditions C2 and CI2

wallAlterations and additions to a

first floor unit within anexistino duolexDemolition of existing slidingdoors, windows and halfheight cavity brickwalls,andinstallation of newstackablesliding doors, alongthesouthern elevation ofUnit 30and Unit31Alterations and additions tothe existing dwelling includinga new first floor




Unit 1 554 Wycombe Road,Neutral Bay

Unit 30 and Unit31, 16-18Harrison Street, Cremorne

Road,54 CammerayCammeray

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DeterminationThe Council Officer's Recommendation is endorsedby the Panel subject to additional and amendedconditions C4, C74, C23, C24 and C25

The Council Officer's Recommendation is endorsedby the Panel subject to additional and amendedconditions C4, C5, C6, CB and C9


ProoosalAlterations and additions to anexisting terrace houseincluding ground floor infilladdition, first floor rearextension, and attic additionwith dormer window and reardeckTo modify DevelopmentConsent No 275113 for variousmodifications includingchanges to front bay windows,pergola roof , courtyardmaterials, hot water enclosureand changes to plan ofmanaqementAlterations and additions to anexisting apartment buildingincludinq new claddinq to the

Reason for referralThe noncompliance withthe permitted height limitis greater than 10o/o

It seeks thedeletion/modification toconditions imposed by thepanel in response tocommunity concerns

The noncompliance withthe permitted height limitis qreater than 10%

PropertyL07 BroughtonKirribilli

Street,

133 Carabella Street, Kirribilli

48 Upper Pitt Street, Kirribilli

Summary of NSIPP determinat¡ons Meeting of 3 September 2014DA. No.7B4l14

27slL312

216l14


The Council Officer's Recommendation is endorsedby the Panel subject to amendments to C40

The Council Officer's Recommendation asamended by the addendum is endorsed by thePanel subject to amendments

façade, new windows,demolition of existing roof topincinerators, installation of rooftop air conditioning plant andfire safeW uoqrade worksDemolition of an existingcommercial building and theconstruction of a five storeyresidential flat buildingcontaining 22 units withbasement parkinq

Demolition and reconstructionof a weatherboard cottage,site works, excavation,drainage works, retainingwalls. landscaoino


Building height breach &demolition of heritageitem

128 Military Road, NeutralBay

10 Munro Street McMahonsPoint

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The applicant requested that the matter bedeferred for consideration at a future meeting. Inthe circumstances the item was not put to a voteThe Council Officer's Recommendation is endorsedby the Panel subject to amending conditions Cland C3

Alterations and additions todwelling including new atticwith dormer windows to frontand rearSkylight to Attic

Demolition of the existingsingle dwelling and theconstruction of an attacheddual occupancy includingqaraqino at street level


The noncompliance withthe permitted height limitis oreater than 10olo


11 QueensMcMahons Point

Avenue,

27 Carr Street, Waveton

4l ChurchillCammeray

Crescent,

2L6lL4

t70lt4

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The Council Officer's Recommendation is endorsedby the Panel subject to the following amendmentto be incorporated in the final set of conditions:-. Eaves to be increased in width to 500mm fromthe face of the wall;. The garage doors are to be recessed 200mmfrom the front of the garage wall;. The second floor external wall to be rendered tomatch the top floor;o I revised landscape plan to besubmitted/provided for the following:- o AdditionalCanopy tree within the front garden capable ofachieving a mature height of 5-8m located in theplanter bed between the driveway and the entryfootpath;o Details of screen plantíng should be provided tothe east-south and west edges of the garage rooftop terrace. The selected species must be able toobtain a height of 1.2m above the finished level ofthe garage.. Landscaping to be installed prior to the issue ofanv Occuoation CertificateThe Council Officer's Recommendation is endorsedby the Panel subject to the following amendmentto be incorporated in the final set of conditions:-. Eaves to be increased in width to 500mm fromthe face of the walls;. An awning or hood are to be provided to thefirst floor balconies to the front elevation of thebuilding to Nicholson Street;o I revised landscape plan to be submittedprovided for the following:- Additional Canopy treewithin the front garden capable of achieving amature heiqht of 5-Bm located to the south-

Demolition of dwelling andconstruction of three storeymulti dwelling developmentconsisting of three dwellings

Construction of two storeyboarding house consisting ofseven units

Council owned propertyand determination isrequired by Panel

Public InterestCrescent,58 MilnerWollstonecraft

23 NicholsonWollstonecraft

Street,

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eastern side of the entrv oathThe Panel determined that the application bedeferred for:-. Land owners consent from 24 Carlow Street;. Amended plans deleting the first floor study andreflecting the comments of the Council'sConservation Planner as contained in theconsultant's report as detailed below:--The dormer to bedroom 3 must have traditionalproportions and detailing in accordance withNSDCP 2013;-The side setback of the rear addition or thepurpose of bathroom and bedroom 4 on the rearportion of the dwelling must be in increased by aminimum of 750mm from the western boundary toreduce its bulk and scale when viewed from therear laneway and street.The above amended plans and land ownersconsent information is to be submitted within 14days and referred back to the next available Panelmeeting. In the absence of the requiredamendments and additional information therecommendation of the Consultant that theapplication be refused is endorsed by the PanelThe Council Officer's Recommendation for refusalon residential amenity grounds and noncompliance with the zone objectives is endorsedby the Panel. The Panel however does not concurwith the refusal on the grounds of permissibility(Reason 1) which is deleted,The applicant's request for a LZ month trial is alsonot suppofted for the above reasons and due tothe lack of detail and documentation to supportthe development application and the unceftaintythat mav be createdThe Council Officer's Recommendation is endorsedby the Panel

Alterations and additions to anexisting semi detacheddwelling including a first flooraddition

Dog Grooming Business

Substantial alterations andadditions to a dwellinq to

The noncompliance withthe permitted height limitis greater than 10olo. Theapplication site alsorelates to a Councilemployee which raisesthe potential for theperception of a conflict ofinteres

Public Interest

The noncompliance withthe permitted heiqht limit

22 Carlow Street, NorthSydney

220 West Street, Crows Nest


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The Council Officer's Recommendation is endorsedby the Panel subject to the addition of thefollowing words in condition Cl.Cl. The suppofting posts and a pergola frame canbe erected within the proposed terrace on theplan to accommodate climbing plants,A condition be imposed to require the dormer tobe completed before any Occupation Certificatecan be issuedThe Council Officer's Recommendation is endorsedby the Panel

The Council Officer's Recommendation is endorsedby the Panel subiect to a condition to require the

The Council Officer's Recommendation is endorsedby the Panel subject to the deletion of ConditionCl. A condition be imposed to provide for thewindow boxes to be constructed and ensurecompliance with Council's Encroachment PolicyCouncil's Consultant Planner's recommendation is

endorsed by the Panel

create a new dwellingincluding a 2-storey rearadditionAdaptive re-use of buildinginvolving alterations andaddition of a residential level

Alterations and additions NorthSydney Council depot toprovide a new mezzanine levelwithin the existing building forarchive storage, new entrydoors and lobby, access stepsand landing and roof mountedair conditioninq plantInternal alterations to PrimrosePark Art Gallery

Alterations and additions to anexisting semi detacheddwelling including a singlestorey rear addition

Section 96 application tomodiff the approved façadecladding and fire safetyupgrade works includingfenestration changes andCondition C2 relating to firesafety upqrade requirementsDemolish remnant columnsand reconstruct historic Luna

Council$250.000

project over

is greater than 10olo

Extent of Variation toNSLEP 2013 BuildingHeight and NonResidential Floor SpaceRatio controlsInvolves use of a Councilowned/managed buildingwith a cost of works over

$250,000

Paft of Council's propefiportfolio within a Councilpark


The original DA wasapproved by NSIPP andthe changes sought relateto building elementsgreater than 10olo of thebuilding heightdevelopment standard

187 Ernest St Cammeray

Primrose Park Aft Gallery,Matora Lane, Cremorne

6 Neutral Street, NorthSydney

21 Elamang Avenue, Kirribilli

Alfred Street South MilsonsPoint

514 Miller Street, Cammeray268lt4

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234174


font, spacing and size of the letters to moreclosely reflect the previously removed sign

The Council Officer's Recommendation is endorsedby the Panel subject to the following amendments.. The hours of operation of the cafe are to be asfollows:-6.30am to 4.00pm Monday to Friday; and7.00am to 4.00pm Saturdays and Sundays.Condition 12 is to be deleted.Condition 13 be amended to provide a self closingmechanism to the back door and a sign placed onthe inside of the door saying "staff access only",A condition be imposed to require access to thetoilet is to be provided by the internal stair only. Anew entry door to the toilet cubicle is to beprovided from the internal trading area wíthappropriate signage to direct patrons to use theinternal stairs only.Conditions 19 to 116 be deleted

Park arch sign across Alfred StSouth. The sign is proposed tobe illuminated between 7am -10pm dailvTo use ground and lowerground level as café to operate6.30am to 4,00pm seven days,use of rear balcony for outdoorseating

Public Interest67 Union Street, McMahonsPoint

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The Council Officer's Recommendation is

endorsed by the Panel subject to conditions CL,

C4 and C23 being amended


Alterations and additions to anexisting two storey detacheddwelling including a singlestorey rear addition

Modification to consent, toamend plans for the approveddevelopment comprisingdemolition of the existingbuildings and erection of amulti-level mixed usedevelopment

Called up by CouncillorsClare, Reymond and Carrand interest expressed bythe adjoining properties

Public Interest. Theapplication also seeks tovary the minimum floorspace ratio requirementfor non residential floorspace on the site


30 Alfred Street, MilsonsPoint

284/t4

s6310314


The Council Officer's Recommendation is endorsedby the Panel.Approval of this refurbishment should not precludethe future relocation of the amenity block to amore appropriate location nearby or within theexisting railway viaduct infrastructure.The Council Officer's Recommendation is endorsedby the Panel.The panel determined that the recessed easternwindows and the separation distance to No. 7Commodore Crescent does not warrant fuftherprivacy treatment. The upper deck from themaster bedroom is well setback from the parapetand will not result in any unreasonable privacyimpactsThe Council Officer's Recommendation is endorsedby the Panel


The Panel grants a conditional approval to theapplication subject to the following:a) The proposed LED Panels to the eastern andwestern building elevations are to be deleted andthe existing signs on the eastern and westernelevations are to be removed;b) The dimension of the LED panels on thesouthern and northern elevations is to berestricted to a width limited to the central four

Upgrade of existing amenitiesblock in Quibaree Park,Lavender Bay Foreshore

Demolition of existing dwellingand construction of a newthree storey dwelling withdouble garage and associatedlandscaping works

Skylight to Attic

Change of use from a boardinghouse to two semi-detacheddwellings involving alterationsand additions, additionalparking, and subdivision intotwo lotsRemoval of existing signageand erect new buildingidentification signage

Council works which havebeen the subject of publicconsultation and designwork shops.


Building Height controlexceeds 10o/o

Matter was deferred from1 October 2014 meetingagenda at request ofownerThe noncompliance withthe permitted height limitis greater than 10%

Due to the matter beingto a significant departurefrom Council's advertising& signage policy withregard to "newtechnology" signage in aprominent North SydneyCBD location

Lavender Bay Foreshore(Quibaree Park), WalkerStreet, Lavender Bay

5 CommodoreMcMahons Point

Crescent,

27 Carr Street, Waverton

48-50 Bay Road, Waverton

100 Miller Street, NorthSydney

4661L312

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bays within the column lines and a maximumheight of 5.5m;c) The LED panels are not to be sold or leased forcommercial adveftising in the guise of a buildingidentification sign;d) The LED panels are only to display one name atany one time for a minimum period of 12 monthsas nominated by the applicant and advised toCouncil in writing prior to operation;e) A separate development application is to belodged with Council for a change to the display onthe LED panels;

f) The sign is not to be illuminated outside thehours of Council's standard cudew hours of1.00am to 7,00am.

(Panel Reason: To provide conditional approval toappropriafe new signage technology for thepurposes of building name signs whilst ensuringthat the approval would not result in theproliferation of signage on all building elevationsand does not contain commercial adveftising. ThePanel considered that the LED signage technologyis generally not inconsistent with the intent ofCouncil's signage guidelines but considered thatshoft interval dwell times would not beappropriate and that appropriate managementrestrictions must be applied)

Alterations and additions to anexisting semi-detacheddwelling including a first flooraddition

The noncompliance withthe permitted height limitis greater than 10olo.

The application site alsorelates to a Councilemployee which raisesthe potential for theperception of a conflict of

22 CarlowSydney

Street, Norths4l14



The Council Officer's Recommendation is endorsedby the Panel with conditions C1 and C2 amended

The Council Officer's Recommendation is endorsedbv the Panel

That the application be granted a deferredcommencement for the following matters to besatisfied prior to the consent becomingoperational:a) Amendment to architectural drawings showingappropriate privacy measures to the southernmost elevation of the top floor;b) The access path from the street frontage alongthe eastern side is to be gated and secured toreduce pedestrian movement;c) A revised stormwater plan showing thedetention tank and all associated structuressetback a minimum of 4 metres from the southernand eastern boundaries. The landscape plan shallbe amended accordingly to Council's satisfactiond) The Operational Management Plan shall beamended to reflect the condition to require nocommercial leasing and the premises are to beused for Church purposes only.

(Panel Reason: To maintain reasonable privacy

Section 96 Modification toamend conditions relating toan approved mixed usebuildinqModification to consent, toamend plans for the approveddevelopment comprisingdemolition existing buildingsand construct 4 storeyapaftment building consisting50 apartments and basementparkino for 68 vehiclesResidential Flat Building

Alterations and addition to anexisting heritage listed churchincluding a two storey additionto provide five function rooms,a new church entrance, churchoffices and new retainingstructures at the rear of thepropefi

interestSeek deletion of NSIPP

imposed condition

The original consent wasdetermined by NSIPP atits meeting of 2 April20L4

Public Interest

Call up by Councillors andstrong interest expressedby the community


I39 -147 West Street CrowsNest

289-29I Miller Street,Cammeray5-7 CarterCAMMERAY

Street,

4661t312

31617312

r09lt4

20olt4


and amenity for adjoining neighbours and to allowthe planting of trees to filter the proposedbuilding)The deferred commencement conditions abovemust be addressed to Council's satisfaction within6 months.That Council will apply conditions of approvalappropriate to the developmentThe Council Officer's Recommendation is endorsedby the Panel

The Council Officer's Recommendation is endorsedby the Panel subject to the details of the frontfence being submitted for the written approval ofCouncil prior to the Construction Certificate. Thefence is to be no greater than a height of I.2mfrom the footpath with appropriate landscapingbehind to provide privacy.After Condition E14 inseft a new condition asfollows:E15. A landscape and means of maintenance planis to be submitted to the satisfaction of Council'sLandscape Development Officer prior to the issueof the Construction Ceftificate.(Panel Reason: To ensure the property ismaintained to be free of noxious weeds)

Alterations and addÍtions toexisting dwelling including firstfloor additions, extension toground floor rear timber deckand 3 new skv liqhtsSubstantial demolition of theexisting attached dualoccupancy and theconstruction of a new attacheddual occupancy with tandemgarages and associatedlandscaping

To avoid any potentialconflict of interest as thesubject síte is in proximityto the residence of aCouncil OfficerThe noncompliance withthe permitted height limitis greater than 10%

68 CammerayCammeray

Road,

4 Ellalong Road, Cremorne

3021t4

r7slt4

The Council Ofticer's Recommendatíon is endorsedby the Panel subject to the following:. Juliet balconies being deleted from the southernelevation; and

Alterations and Additions tothe Existing Residential FlatBuilding Comprising theconstruction of New Balconies,

Public Interest4 Walker Street, LavenderBay NSW 2060

3t9lt4


The Council Offlcer's Recommendation is endorsedby the Panel.The Panel considers in the context of the controlsthe amended plans adequately address, onbalance, the issues raised in the submissionsincluding solar access, view loss, bulk and scale,privacy, setbacks and site coverage. Therecommended conditions address concerns raisedby the submittersThe Council Officer's Recommendation is endorsedby the Panel subject to deletion of Condition C2and Condition C3 to be amended to retain the

. The timber vertical balustrade detailing to havea 600/o solid to open ratioThe Council Officer's Recommendation is endorsedby the Panel subject to the deletion of ConditionCl with regards to the balcony widths.The Panel considered that the issues raised by thesubmitter in the adjoining propefi to the southhave been satisfactorily addressed by theamended plan and the solar access to theproperty meets the DCP requirementsThe Council Officer's Recommendation is endorsedby the Panel subject to conditions D3 and D5

being amended and additional conditions G6, I1and 12 being included.The panel considers the other concerns raised bysubmitters are adequately addressed in the suiteof conditions in the officer's recommendationThe Council Officer's Recommendation is endorsedby the Panel


Alterations and additions toexisting dwelling including rearaddition located on the rearboundary

Alterations to residential flatbuilding comprising windowrelocationAlterations and additions tosemi detached dwellingincluding works to existingdetached garage

Demolition of the existingdwelling and the constructionof a new dwelling withassociated landscaping

Alterations and additions to anexisting dwelling

Door OpeningsLandscaninq

and

Demolition of ExistingDwelling, Retention of MinorStructures and Construction ofa New Dwelling House,Outbuilding and SwimmingPool

Public Interest

Extent of Variation toNSDCP 2OI3 SiteCoverage control andlocal context


The noncompliance withthe permitted height limitis greater than Llo/o.Councillor interest in thesubiect sitePublic Interest

The owner of theadjoining property isrelated to a Council

5D/B GasworkWollstonecraft

Road,

16 Holtermann Street, CrowsNest

15 StratfordCammeray

Street,

50 CammerayCammeray

Road,

16 West Crescent Street,McMahons Point

22 Clifton Street, Wavefton232114

4jtlt4

3O7lt4

2s9l14

4t3lt4

227114


window to bedroom 3 on the nofth-east elevationand to be fitted with a privacy screen as for thewindow in bedroom 2 as shown on the amendedplans

The Council Officer's Recommendation is endorsedby the Panel subject to Condition C3 being deleted



Alterations and additions to anexisting single storey semidetached dwelling, including a

first floor additionTo extend the window in Unit18 on the southern elevationof the existing residential flatbuildinqAlterations and additions todwelling, including extensionto garage, expansion to reargarage top courtyard, newrear deck and external stairs

employee



Variation to NSLEP 2013Building Height control,Extent of Variation toNSDCP 2Ot3 SiteCoverage and LandscapeArea control

24 ParraweenCremorne

Street,

Unit 181373 Alfred StreetNorth, North Sydney

57 Kurraba Road, NeutralBay

4321t4

326114

4701L4

Determination


The panel notes the addendum with the copy ofClause 4.6 variation to Council's maximum heightcontrol. Council Officer's Recommendation is

endorsed by the Panel subject to the followingchange:Curtains and BlindsI1. The use of curtains, blinds, and the like withinthe enclosed balconies is prohibited, in accordancewith the strata by-laws.(Reason: Integrated and consistent buildingfacade and desiqn and functionality of balconies)

ProoosalEnclosure of existing balcony

To modiff Consent No 608/04involving changes to facades;reducinq the non residential

Reason for referralThe noncompliance withthe permitted height limitis greater than 10olo

The scale of thedevelopment and breachof heiqht controls

Prooertv

88 Alfred Street, MilsonsPoint

47ll7l Walker Street, NorthSydney

Summary of NSIPP determinat¡ons Meeting of 4 March 2015DA. No.10/1s

60810414




The Council Officer's Recommendation is endorsedby the Panel subject to Condition Nos. A4 and C6,beinq amendedThe Council Officer's Recommendation is endorsedby the Panel subject to a deferred commencementapprovalThe Council Officer's Recommendation is endorsedby the Panel subject to the following additionalcondition:Staged Construction Ceftificate44, Should staged Construction Certificates beproposed, the following conditions are to besatisfied prior to issue of any ConstructionCertificate..81, Cl toC7,CIl,CL7,C2t,C23, C31 and C32.The remainder of conditions shall be satisfied priorto the issue of any Construction Certificate forconstruction of the building.(Reason: To provide for staged ConstructionCeftificates)The Council Officer's Recommendation is endorsedby the Panel subject to amendment to ConditionI9

The Council Officer's Recommendation is endorsed

floor space; increasing thenumber of dwellings from 87to 123; rearrangement of 105car spacesAlterations and additions toexisting unit at Level 17 and18 to enclose the outdoorupper floor orivate oÞen sDaceAlterations and additions to aduplex

Alterations and Additions tothe existing Dwelling

Mixed Use development

Mixed use developmentproviding commercial/retailfloor space at the ground floorlevel, and 33 residentialapartments in the four (4)levels above

To modify consent DA No.500/06 (use and fit out of thefirst floor as a gymnasium) toextend hours of operation to24 hours 7 davs per weekAlterations and additions to




Scale of development

Scale of development,breach of height controland the fact that NSIPPdetermined the previousParraween St. application

Public interest andproposed hours ofoperation

The noncompliance with

Unit 1701 / 30 Glen Street,Milsons Point

45-47 Bank Street, NorthSydney

131 Chandos Street, CrowsNest

138-146 Military Road,Neutral Bay

2I Parraween Street and320-322 Military RoadCremorne

362-364 Military Rd,Cremorne (also known as 65Parraween Street)

14 Raymond Road, Neutral

4061L4

272114

439114

2r3l14

4001t4

s0010612

4261t4


by the Panelexisting dwellingincludinq attic addition

housethe permitted height limitis qreater than 10olo

Bay

The Council Officer's Recommendation is endorsedby the Panel subject to a number of changes tothe conditions


The Council Officer's Recommendation is endorsedby the Panel subject to amendments to ConditionNo's 44, C2 and G1

The Council Officer's Recommendation is endorsedby the Panel subject to the redesign of the north-western most deck to retain the existing hedge

The Council Officer's Recommendation is endorsedby the Panel subject to deletion of Condition C4

The Council Officer's Recommendation is endorsedby the Panel subject to the deletion of ConditionA4

Alterations and additions topodium levels to accommodatea supermarket (to trade 24hours), additional retailincluding liquor store,reconfigured loading andparking areas, exterior worksand associated sionaoeChange of use fromcommercial office to touristhotel accommodation andassociated worksAlterations and additions toexisting residential flat building

Landscape Works,Construction of Pool Fencingand New Barbeque Area toCommon Property of anExisting Residential FlatBuildinqSubstantial alterations andadditions to create a newdwelling, includinglandscaping, drainage andassociated worksAlterations and Additions toExisting Dwelling House

Public interest (hours ofoperation)

Public Interest

Called up by CouncillorsBeregi, Baker andRevmondPublic Interest


The noncompliance withthe permitted height limitís greater than I0o/o.Public Interest

Street, North99 WalkerSydney

BB WalkerSydney

Street, North

2132 High Street, NorthSydney



61 Blues PointMcMahons Point

Road

283114

430114

202114

379114

2rslL4

4tLl14


The Panel re-affirms its previous decision to refusedevelopment application No.281/14, for thereasons indicated in Council's Notice ofDetermination as recommended in the reviewrepoft.The Panel considers the site is isolated within theresidential precinct and is unsuitable for theproposed development even with the imposition ofconditions required to manage the operations. Theuse is considered to be more appropriately co-located within a commercial/retail precinct

The Council Officer's Recommendation is endorsedby the Panel.The Panel considered that the proposal must berefused for the reasons in the officer's repoft andbecause:. Safe drop off and pick up has not beendemonstrated.. The acoustic report and mitigation measures areinadequate regarding the outdoor play areas giventhe number of placements.. The impact on the heritage item and curtilage is

unclear in the absence of a schedule of worksdetailing compliance with the BCA, Fire safety andAccess requirementsThe Panel notes that the general terms ofapproval from the NSW Heritage Division have notbeen orovidedThe Council Officer's Recommendation for refusalis endorsed.The Panel notes that the removal of this treewould have the outcome of the two significantcanopy trees being removed from the rear yard asapproval was previously sought and granted forthe removal of the Silkv Oak

Change of Use from OfficePremises to a Dog GroomingBusiness

To use the existing premiseslisted on the State HeritageRegister as a childcare centrefor B0 children with hours ofoperation 7.30am to 6pm(Monday to Friday)

s.96 application seeking treeremoval - DA 390/14 for theconstruction of a swimmingpool & shade structure

Section B2Areconsideration of NSIPPdetermination

Called up by Mayor andCouncillor Bevan

Public Interest


3 Amherst Street, Cammeray

5A CammerayCammeray

Road,

zBUt4(s.B2AReviewRequestNo.1/1s)

3B2lt4

3e0lt412



The Council Officer's Recommendation is endorsedby the Panel.(Panel Reason: The Panel notes the proposal is

compliant and does not have unreasonableimpacts given the zoning of the subject site andthe other relevant controls. Fufthermore, it is

noted that the view of the harbour bridge will bepartially maintained from the upper level of 1

Lower Bent Street)The Panel resolved to defer the item to its nextavailable meeting to enable the applicant toamend the plans to provide for:a) Improved solar access to No. 39 Ben BoydRoad in respect of windows W8, W9 and W10 atthe winter solstice to the extent that there is nofufther additional overshadowing than thatprovided by the fence at l1am and for windowsW8 and W9 at midday;b) The awning to the ground level is to beamended to satisff a) above;c) The balcony off the first level bedroom is to beamended to a Juliette style balcony to improveprivacy and any overshadowing must also satisffa) above;d) The dormer window to the street is to bedeleted.(Panel Reason: To allow development of thedwelling without unreasonable impacts to theadjoining propefties, and to maintain thestreetscape significance of the heritage items. ThePanel considers the removal of the staircase will

Installation of two air-conditioning units

Demolition of existing dwellingand construction of a paft 2and paft 3 storey multidwelling housing developmentcomprising 5 dwellings andbasement parking for 9 cars

Alterations and additions tothe existing semi detacheddwelling

Public Interest




14 Eaton Street, Neutral Bay

41 Ben Boyd Road, NeutralBay

84lts

266114

384114


not adversely affect the heritage significance ofthe item. The amended plans if required need tobe renotified under the provisions of the NorthSydney DCP.)


The Council Officer's Recommendation is endorsedby the Panel subject to the extension of time forsatisfaction of the deferred commencementconditions being a fufther 12 months to 3 June2016.(Panel Reason: To allow the necessarynegotiations to take place with adjoining ownersregarding stormwater)

The Panel resolved to defer the item to its nextavailable meeting to enable the applicant toamend the plans to provide for:a) A single garage within the existing envelope ofthe dwelling and retaining the existing roof andgabled form proportions and traditional materials.Amended plans are required for the consequentialchanges to the internal layout of the dwelling anddetails of materials and finishes for the garagedoor appropriate to the conseruation area.b) The swimming pool and surrounds are to bedesigned so that the finished levels are at naturalground level at the south-eastern cornerboundaries. The fill along the northern boundary isacceptable as proposed;c) The front fence to Bellevue Street is to be anopen picket style fence and no higher thanB00mm. The side fence up to the entry onLumsden Street is to be an open picket fence noqreater than 1200mm from the footpath. To the

Modification of consent fordemolition, subdivision intotwo lots and construction oftwo dwellinqsAlterations and addition to anexisting heritage listed churchincluding a two storey additionto provide five function rooms,a new church entrance, churchoffices and new retainingstructures at the rear of theproperty

Alterations and additions to anexisting single storey detacheddwelling including a two storeyrear addition, a double garageto Bellevue Street and aswimming pool at the rear ofthe propefty


To seek approval from thePanel with regards to theapplicant's request for anextension of the time forthe submission of therequired information tosatisfy the deferredcommencementconditionsCalled up by CouncillorsBeregi and Baker

20 Wonga Road, Cremorne

5 - 7 Cafter Street Cammeray

91 BellevueCammeray

Street,

2601t312

200114

9lLs


east of the entry along Lumsden Street the fencemay be a maximum height of 1.8m and be ofmaterials consistent with the conseryation area inaccordance with the DCP character statement;d) Details of the materials and finishes of the rearpavillion are to be provided with the amendedplans; ande) Any inconsistencies in the drawings anddocumentation are to be corrected and submittedwith the amended plans.(Panel Reason: The Panel considers that theamendments required above will allow theretention of the existing dwelling whilst allowingfor appropriate additions in the context of theconservation area. The amended plans if requiredneed to be renotified under the provisions of theNorth Sydney DCP.)




First Floor Addition

Demolish existing building andconstruct three storeyapaftment building withbasement parking comprisingfive apartmentsDemolition of existing buildingand erection of a mixed usedevelopment


Public Interest

The noncompliance withthe permitted height limitis qreater than 10%

9 Brook St, Crows Nest

301 Miller Street, Cammeray


t74l14

6lts

279174





east of the entry along Lumsden Street the fencemay be a maximum height of 1.Bm and be ofmaterials consistent with the conseruation area in

accordance with the DCP character statement;d) Details of the materials and finishes of the rearpavillion are to be provided with the amendedplans; ande) Any inconsistencies in the drawings anddocumentation are to be corrected and submittedwith the amended plans.(Panel Reason: The Panel considers that theamendments required above will allow theretention of the existing dwelling whilst allowingfor appropriate additions in the context of theconservation area. The amended plans if requiredneed to be renotified under the provisions of theNorth Svdnev DCP.)

First Floor Addition

Demolish existing building andconstruct three storeyapartment building withbasement parking comprisingfive apartmentsDemolition of existing buildingand erection of a mixed usedevelopment


Public Interest


9 Brook St, Crows Nest

301 Miller Street, Cammeray

222 Pactfic Highway, CrowsNest

279114

7741t4

617s

The Council Officer's Recommendation is endorsedby the Panel suject to changes to conditions

To modify a consent DA283ll4for alterations and additions toexisting retail, food and drink,and commercial premises, and

Relates to conditionimposed by NSIPP andinterpretation

99 Walker Street, NorthSydney

DA. Nöir,.Summ,t

2B3l1412


The Panel refuse the development application forthe following reasons:1. Inappropriate development for the changingcharacter of the area - The renewal and increasedsize of illumination of the signage is notcompatible with and not related to thepredominantly residential use of the site and theMilsons Point Town Centre.2. Development is inconsistent with the emergingdesired future character of the area - Theproposed signage at the top of the building is

prominent, and is not consistent with the existingor desired future character of the Milsons PointTown Centre which is characterised by an absenceof rooftop signage.3. Adverse impacts on the broader area andskyline vistas - The scale and form of theproposed signage is inappropriate to the skylinevistas to Milsons Point Town Centre, North Sydneyand Lavender Bay. The large and illuminated signsin isolation and on the periphery of Milsons Point,and including large solid areas of illuminated whiteand blue background colours, will dominate,detract from and be incongruous with anemerqinq hiqh qualiU residential tower skyline in

extend podium levels toaccommodate a supermarket(to trade 24 hours, 7 days),additional retail includingliquor store, reconfiguredloading and parking areas,exterior work and associatedsignage, to delete conditionC25 in relation to motorcycleparking and to modifycondition I20 to allow formodified shopfront treatmentRemove two existingilluminated roof buildingidentification signs and installtwo new dynamic illuminatedbuilding identification signpanels to display alternatingnames "SHARP" and "PHILIPS"every 28 days (4 weeks) from6am to 11pm daily

Called up by the Mayor &Councillor Marchandeau.

55 Lavender Street, MilsonsPoint

z4lLs


Milsons Point. The location of the sign outside ofthe commercial core will detract from the NorthSydney CBD skyline, and erode the overall qualityof the area and skyline vistas.4. Public interest - Approval of the developmentwould undermine current planning policies to haveregard to the changing context of the area, andwould not be in the public interest, as provided forin section 79C(1) of Environmental Planning andAssessment Act 1979.Panel Notes: The Panel notes the existingapproval for the signage was a time limitedconsent at the time the strata title was approvedand it exoires in the vear 2020.The Council Officer's Recommendation is endorsedby the Panel subject to clarification of the privacylouvres.The Council Officer's Recommendation is endorsedby the Panel.

The Council Officer's Recommendation is endorsedby the Panel subject to deletion of Condition 11

and inclusion of the following conditions:Signage IlluminationG4. The certifying authority must be satisfied thatthe signage illumination complies with theprovision of Australian Standard AS 4282Obtrusive effects of outdoor lighting prior to theissue of the Occupation Certificate.(Panel Reason: To ensure illumination does notadversely impact on the amenity of the adjoiningarea)Hours of IlluminationI1. All illuminated signs approved by this consentmust cease illumination between the hours of 11pm and 6am. (Reason: To ensure appropriateforms of siqnaqe that are consistent with Council's

Alterations and additions todwelling

Alterations and additions todwelling

Erection of BusinessIdentification Signage on anexisting commercial building

Public Interest



1 John Street, McMahonsPoint

50 Bank Street,Sydney

North

1-7 Rangers Road (aka 50Yeo Street), Neutral Bay

4s4174

49lts

90/1s


controls and those that are desired for the locality,and do not interfere with amenity of nearbypropefties)Signage Illumination Intensity12. The sign(s) must be installed and used at alltimes in accordance with AS 4282-7997 control ofobtrusive effects of outdoor lighting and must berestricted in accordance with the following:(a) At no time is the intensity, period ofintermittency and hours of illumination of the signto cause objectionable glare or injury to theamenity of the neighbourhood.(b) The level of illumination and/or lightingintensity used to illuminate the signage must notcause excessive light spill or nuisance to anynearby residential premises.(c) The signage illumination must not flash.(Panel Reason: To ensure appropriate forms of

signage that are consistent with Council's controlsand those that are desired for the locality, and donot intefere with amenity of nearby propefties)The Council Officer's Recommendation is endorsedby the Panel.

The Council Officer's Recommendation is endorsedby the Panel subject to following amendments toconditions:Landscape Plan for Front Garden81. Prior to the issue of any Constructioncertificate, a landscaping plan for the front gardenarea, including the provision of a garbage binstorage enclosure, is to be lodged with Council forapproval.(Panel Reason: To improve the front yard areaand to complement the development)Heritage Req uirements :

C1. To maintain the contribution of the buildinq to

Alterations and additions tothe existing dwelling includinga new dormer to roofAlterations and additions to anexisting semi detacheddwelling


Called up by CouncillorsBaker and Reymond

17 McDougall Street, Kirribilli

33 McDougall Street, Kirribilli

73lts

IUT5


the significance of the conservation area, thefollowing restrictions are placed on the consent:1. The verandah extension is to align with theverandah of the adjoining terrace at No. 31McDougall Street.2. The existing bullnose stone coping to the frontverandah is to be carefully removed and reusedfor the edge of the widened verandah.3. The stone flooring of the verandah is to beretained, and a row of stone inserted to match theexisting stone flooring,4. The balustrade to the verandah is to match thebalustrade of the adjoining terrace at No. 31McDougall Street, in terms of height, pattern andmaterial.5. The timber verandah posts are to match theverandah posts of the adjoining terrace at No. 31McDougall Street.6. The front boundary fence shall be constructedto match the fence of the adjoining dwelling, interms of height, pattern and material.7. The roof sheeting for the rear addition is to beeither min 425mm wide pan sheeting, or standingor rolled seam sheetingThe Certifying Authority must ensure that thebuilding plans and specifications submitted,referenced on and accompanying the issuedConstruction Ceftificate, fully satisff therequirements of this condition.(Reason: To maintain the heritage significance ofthe dwellinq)The Council Officer's Recommendation is endorsedby the Panel subject to the changes to ConditionI21 as follows:Noise and Vibration Impact (Compliance)I21. Fufther acoustic testing of the operation mustbe undeftaken in December 2015 and a report

To modify consent DA37B/13with respect to extending thehours of operation of thelicensed restaurant

Called up by CouncillorsBaker and Reymond

Shop L, 1-3 BroughtonStreet, Kirribilli

37817312


from an appropriately qualified acousticalconsultant eligible for membership of theAssociation of Australian Acoustic Consultants,prepared to demonstrate that the use of thepremises complies with the conditions of thisconsent. The testing must be carried out when thepremises is operating at full capacity, A copy ofthe report must be submitted to Council within 14days of its completion. If the use is found not tocomply with the noise conditions, the use mustcease immediately until appropriate measures toremedy the breach are implemented to thesatisfaction of Council.(Reason: To ensure compliance with acceptablenoise levels to maintain the amenity of adjoiningland uses)(Panel Reason: The Panel considers the abovedecision has regard for the amenity of the areaand Council's recently adopted Late Night TradingHours DCP)


no rth syd n e y coun ci l r e por t s · independent planning panel: a) the decisions of the north...

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