north sy dney council reports · 2015-07-30 · 4. report and resolution of nsipp (6/05/2015)...

Item ___IPP09________ - REPORTS -_____05/08/2015___

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 5/08/2015

Attachments:

1. Site Plan 2. Amended Architectural plans

3. Amended shadow diagrams and certification 4. Report and resolution of NSIPP (6/05/2015)

ADDRESS/WARD: 41 Ben Boyd Road, Neutral Bay (C) APPLICATION No: DA384/14 PROPOSAL: Alterations and additions to the existing semi detached dwelling PLANS REF: Drawings numbered DA01, DA02 Rev E dated 26/05/15, DA03-

DA05 Rev E dated 31/05/15, DA06 - DA10 Rev E dated 29/05/15, DA14 - DA17 Rev E dated 04/06/2015, drawn by Simon Rosewell Pty Ltd, and received by Council on 23 June 2015

OWNER: Jean-Jacques Van Helten APPLICANT: Simon Rosewell Pty Ltd AUTHOR: Luke Donovan, Senior Assessment Officer DATE OF REPORT: 27 July 2015 DATE LODGED: 3 November 2014 PREVIOUSLY REPORTED: 6 May 2015 AMENDED: 20 March, 23 June 2015 RECOMMENDATION: Approval

Report of Luke Donovan, Senior Assessment Officer Re: 41 Ben Boyd Road, Neutral Bay

EXECUTIVE SUMMARY This development application seeks approval from NSIPP for alterations and additions to the existing semi detached dwelling on land at No. 41 Ben Boyd Road, Neutral Bay. The application is reported to North Sydney Independent Planning Panel for determination following the submission of amended plans as required by the Panel’s resolution dated 6 May 2015. A total of three (3) submissions were received against the amended proposal. The issues raised in these submissions primarily relate to the loss of solar access and visual privacy. The amended plans have made changes to the rear first floor building line and floor to ceiling heights at the rear of the ground floor to improve solar access to windows W8, W9 and W10 of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The amended plans indicate that there will be no additional overshadowing beyond that caused by the existing southern boundary fence. The amended proposal will maintain a reasonable level of solar access to the main living room of No.39 Ben Boyd Road during the winter solstice. The applicant has also deleted the front dormer to maintain the heritage significance of the dwelling. A condition of consent is recommended that the rear first floor balcony be re-designed to be more of a Juliette style balcony to address the requirement of NSIPP. The re-design of this balcony and the addition of louvres and obscure glazing to a number of the southern windows will ensure reasonable privacy is maintained with No.39 Ben Boyd Road. Subject to recommended conditions of consent, the amended proposal has generally addressed the requirements of NSIPP in their resolution dated 6 May 2015. Accordingly, the proposed development is recommended for approval.

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41

Re:

Property/Applicant Submittors - Properties Notified

41 Ben Boyd Road, Neutral Bay DA384/14


DESCRIPTION OF PROPOSAL The application seeks approval from NSIPP for alterations and additions to the existing semi detached dwelling on land at No. 41 Ben Boyd Road, Neutral Bay. The proposal has been modified with the submission of amended plans as requested in the Panel’s resolution dated 6 May 2015. The key changes to the original proposal (those plans received by Council on 20 March 2015) are summarised below: (a) The first floor setback has been increased by between 400mm and 1500mm from the rear

boundary by virtue of the splayed rear building line. (c) The planter boxes along the southern facade of the dwelling have been deleted. (d) The floor to ceiling heights on the south eastern corner of the ground floor reduced from

2.9 metres to 2.3 metres. (e) The architectural detailing on the eastern facade has been deleted. New architectural

detailing has been provided on the southern facade. (f) The first floor eastern balcony has been reduced in area and reconfigured. (g) The front dormer has been deleted. COMPLIANCE The Assessment Report prepared for the NSIPP Meeting on 6 May 2015 contains a detailed consideration of the issues regarding this development. The report and its attachments are also attached to this report and should be referred to in relation to the original assessment of this proposal. The amended proposal has increased the first floor rear setback, splayed the rear building line, re-designed the rear first floor balcony and lowered the floor to ceiling height which will improve solar access to northern windows W8, W9 and W10 of the primary living room of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The removal of the front dormer will maintain the streetscape significance of the heritage item. This amended proposal does not introduce new non-compliances with the relevant LEP and DCP controls. STATUTORY CONTROLS North Sydney LEP 2013

Zoning - R2 Low Density Residential Item of Heritage - Yes In Vicinity of Item of Heritage - Yes (No’s. 43, 43A, 45 and 47 Ben Boyd Road) Conservation Area - No

Environmental Planning & Assessment Act 1979 SEPP No. 55 - Remediation of Lands SEPP (Building Sustainability Index - BASIX) 2004 SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS


NSDCP 2013 RELEVANT HISTORY The history of key events following NSIPP’s consideration of the subject application on 6 May 2015 is summarised below: 6 May 2015 – An assessment report recommending refusal of the application was considered by NSIPP. Following a site inspection by NSIPP and further deliberations, the Panel made the following resolution:

The Panel resolved to defer the item to its next available meeting to enable the applicant to amend the plans to provide for: a) Improved solar access to No. 39 Ben Boyd Road in respect of windows W8,

W9 and W10 at the winter solstice to the extent that there is no further additional overshadowing than that provided by the fence at 11am and for windows W8 and W9 at midday;

b) The awning to the ground level is to be amended to satisfy a) above; c) The balcony off the first level bedroom is to be amended to a Juliette style

balcony to improve privacy and any overshadowing must also satisfy a) above;

d) The dormer window to the street is to be deleted. (Panel Reason: To allow development of the dwelling without unreasonable impacts to the adjoining properties, and to maintain the streetscape significance of the heritage items. The Panel considers the removal of the staircase will not adversely affect the heritage significance of the item. The amended plans if required need to be renotified under the provisions of the North Sydney DCP)

18 June 2015 - The applicant submitted a set of amended plans and shadow diagrams. The shadow diagrams were certified by a registered surveyor. Council’s Assessment Officer noted inconsistencies between the amended plans and shadow diagrams. 23 June 2015 - The applicant submitted further amended plans which resolved a number of these inconsistencies. 30 June 2015 to 14 July 2015 - The further set of amended plans were re-notified to surrounding property owners. A total of three (3) submissions were received against the amended proposal. Development at No.43 Ben Boyd Road The architectural plans including shadow diagrams indicate a previously approved two storey addition at No.43 Ben Boyd Road. A perusal of Council’s records indicate that DA15/05 for alterations and additions to the existing semi-detached dwelling approved under delegated authority on 13 January 2006 however lapsed on 13 January 2009. REFERRALS Heritage


The amended proposal was referred to Council’s Conservation Planner whose comments are summarised below:

The removal of the front dormer is supported as it will maintain the significance of the heritage item. The rear first floor balcony has a maximum depth of 1.5metres and is not considered to constitute a Juliette style balcony as requested by the Panel. Whilst the balcony will not be visible from the public domain and will not impact upon the heritage significant front facade, the deep splayed form of the balcony would add an uncharacteristic element to a Victorian terrace. To further improve solar access and provide a more sensitive heritage outcome a shallow (500mm deep) Juliette balcony should be provided. To maintain the heritage significance and character of the dwelling, it is recommended that the following changes are made:

The rear first floor balcony should be reduced in depth to 500mm and have a steel palisade balustrade [refer to Condition C1(b)].

The southern glazing (W3) to bedroom 3 have vertical not horizontal proportions (refer to Condition C3).

The southern glazing on the first floor master bedroom and ensuite (W8) have also been modified to highlight windows. Horizontal (highlight) windows are not sympathetic to the character of a Victorian terrace and contrary to O3 in Part B Section 13.5.1 which is to ‘ensure significant features of heritage items are retained and that development is sympathetic to these features with particular regard to bulk, form, style, character, scale, setbacks and materials'.

Planning comment The balcony indicated on the amended proposal has a maximum depth of 1.5metres and an area of approximately 3.6m². This balcony is not considered a Juliette style balcony as required by the NSIPP resolution. A condition of consent is recommended that the balcony be re-designed to have a maximum depth of 500mm to be more characteristic of a Juliette style balcony. It is also recommended that the steel framed glass balustrades be removed and replaced with steel palisade balustrades. The first floor slab that extends out over the rear of the ground floor must be non trafficable and may be planted with grasses and succulents to a maximum height of 100mm to maintain reasonable amenity with the adjoining properties [refer to Condition C1(d)]. The highlights windows on the southern façade will not be visible from the public domain. The highlight windows are considered appropriate to maintain reasonable visual privacy with the main living rooms of No.39 Ben Boyd Road SUBMISSIONS The submitters of the original proposal were notified about the submission of the amended proposal between 30 June 2015 and 14 July 2015. A total of three (3) submissions were received against the amended proposal. The issues raised in these submissions are summarised below and addressed later in this report. Basis of Submissions


The design of the balcony is not in accordance with the resolution of the Panel. The amended proposal will still cause a loss of solar access for 5 of the 6 northern ground

floor living room windows within No.39 Ben Boyd Road. The existing shadow diagrams prepared for mid winter are incorrect. The amended proposal is non compliant with the building height control in NSLEP 2013

and side setback control in NSDCP 2013. The proposal is contrary to the zone objectives and the aims of the NSLEP 2013. The proposed amendments are minor and unlikely to result in a material improvement in

solar access to the main living spaces of No.39 Ben Boyd Road. The southern glazing on the ground floor addition should be fixed and frosted to maintain

privacy and security. The proposed new open steel side access gates are likely to cause safety and security

issues. The amended plans are unclear and inconsistent The amended proposal will result in additional overshadowing to the rear garden of No.37

Ben Boyd Road The proposal will generate additional pressures on the existing sewer lines. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: An assessment of the original proposal on the relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 was provided in the assessment report to NSIPP dated 27 April 2015 (refer to Attachment 4). This section of the report provides an assessment of the amended proposal in the context of the requirements of the NSIPP resolution.

a) Improved solar access to No. 39 Ben Boyd Road in respect of windows W8, W9 and W10 at the winter solstice to the extent that there is no further additional overshadowing than that provided by the fence at 11am and for windows W8 and W9 at midday;

Key changes to improve solar access The amended proposal has provided an increased first floor rear setback by between 400mm and 1500mm by virtue of the splayed rear building line and lowered the floor to ceiling height of the south eastern corner of the ground floor from 2.9 metres to 2.3 metres. Consideration has been given below to the existing shadow cast by the subject dwelling and southern boundary fence on windows W8, W9 and W10 of No.39 Ben Boyd Road during the winter solstice - Existing shadow cast be the subject dwelling The existing dwelling on the subject site does not overshadow the windows referred to in the NSIPP resolution, being windows W8, W9 and W10 between 9am and 12pm at the winter solstice (as indicated in figure 1 below). The awning structure indicated on the shadow diagrams, on the eastern side of the ground floor, is non existent and any shadow caused by it


was not considered in this assessment. Windows W8, W9 and W10 have sill heights of 2.1 metres.

W10 W9 W8

W10 W9 W8

W10 W9

W8 W10

W9 W8

W10 W9

W10 W9

W8 W8


Figure 1 - Existing shadow diagrams between 9am and 12pm at the winter solstice Existing shadow cast by the southern side boundary fence There is an existing timber paling fence with maximum height 1.8 metres that is located on the subject site, adjacent to the southern boundary of the site. There is some landscaping growing along and above this part of the fence which contributes to some overshadowing of windows W8, W9 and W10 at the winter solstice (refer to Figure 2 below). The amended plans indicate the ‘reconstruction’ of this fence. A condition is recommended that this fence be constructed to a height no greater than 1.8metres above the existing ground level of the subject site and that the existing landscaping above the fence line be removed. Any new landscaping adjacent to this southern boundary fence must not attain a mature height greater than the height of the reconstructed boundary fence (1.8metres) (refer to Condition C2).

Figure 2 - Looking south west from the rear yard towards existing southern boundary fence with landscaping growing on and above the top of the fence Proposed solar access to windows W8, W9 and W10 along the northern elevation of No.39 Ben Boyd Road at the winter solstice -

W10 W9

W8


As detailed above, the existing southern boundary fence on the subject site already causes some overshadowing to windows W8, W9 and W10 between 9am and 12pm during the winter solstice. The amended proposal has an increased the first floor rear setback of between 400mm and 1500mm by virtue of the splayed rear building line and lowering the floor to ceiling height of the south eastern corner of the ground floor from 2.9 metres to 2.3 metres so as not to result in any additional overshadowing to the glazed areas of windows W8, W9 and W10 between 9am and 12pm during the winter solstice as detailed below: Windows W9 and W10 between 9am and 12pm at the winter solstice By virtue of the proposed rear building line along both the ground and first floor of the addition and the lowering of the floor to ceiling height, there would be no additional overshadowing to window W9 and W10 between 9am and 12pm during the winter solstice (refer to Figure 3 below).


Figure 3 – Proposed shadow diagrams between 9am and 12pm at the winter solstice Window W8 at 12pm at the winter solstice The south eastern corner of the first floor has been appropriately splayed and setback from the rear boundary so as not to affect solar access to the glazed area of W8 at 12pm at the winter solstice. At 12pm during the winter solstice, the window frame of W8 would be partially overshadowed by the south eastern corner of the first floor addition, however, at this time there would be no affectation of the glazed area of this window (refer to Figure 4 below).

Vertical banding off rear balcony


Figure 4 – Proposed 12pm shadow diagram at the winter solstice In conclusion, the amended proposal would not cause any additional overshadowing, above that cause by the existing southern fence, to the glazed areas of windows W8, W9 and W10 between 9am and 12pm at the winter solstice. The amended proposal is therefore considered to satisfy point (a) of the NSIPP resolution.

b) The awning to the ground level is to be amended to satisfy a) above; The awning over the rear of the ground floor has been deleted.

c) The balcony off the first level bedroom is to be amended to a Juliette style balcony to improve privacy and any overshadowing must also satisfy a) above;

The balcony indicated on the amended proposal has a maximum depth of 1.5metres and an area of approximately 3.6m². This balcony is not considered a Juliette style balcony as required by the NSIPP resolution. A condition of consent is recommended that the balcony be re-designed to have a maximum depth of 500mm to be more characteristic of a Juliette style balcony. It is also recommended that the steel framed glass balustrades be removed and replaced with steel palisade balustrades The first floor slab that extends out over the rear of the ground floor must be non trafficable and may be planted with grasses and succulents to a maximum height of 100mm to maintain reasonable amenity with the adjoining properties [refer to Condition C1(d)]. Pergola over the first floor balcony The amended proposal indicates an open pergola over the entire width of the rear facade. It is recommended via a condition of consent that this pergola and vertical banding be removed given the recommended re-design the balcony to be more like a Juliette style balcony. Architectural detailing on the southern facade The proposed vertical banding on the southern facade of the dwelling provides visual interest to this facade without affecting solar access to windows W8, W9 and W10 during the winter solstice.

W10 W9 W8

Existing shadow from southern boundary fence

Proposed shadow cast by first floor

First floor slab extending out from rear of dwelling to form proposed balcony


The other windows W5, W6 and W7 along the northern elevation of No.39 Ben Boyd Road There are three (3) other windows (W5, W6 and W7) along the northern elevation of No.39 Ben Boyd Road that provide some solar access to the ground floor living room of this dwelling during the winter solstice. The amended proposal will result in the loss of solar access to window W5, W6 and W7 during the winter solstice. It is likely that any redevelopment at the rear of the existing dwelling to provide improved internal living spaces on both the ground and first floor will result in the loss of solar access to the above mentioned windows during the winter solstice. A rear addition that was fully compliant with the building height in NSLEP 2013 and side setback controls in NSDCP 2013 would result in a similar loss of solar access to the above mentioned windows. It is simply not practicable to totally eliminate impacts from a complying or near complying scheme in such a tight dense residential area such as this. The proposed south eastern corner of the first floor is setback a further 2.3 metres than the first floor of No.39 Ben Boyd Road from the rear boundaries. For windows W6 and W7 to receive close to three (3) hours of solar access at the winter solstice, the south eastern corner of the first floor would need to be pulled back a further 3 metres which is not considered reasonable as it will affect the useability of this bedroom/en-suite and is considered unnecessary as satisfactory solar access will be maintained to windows W8, W9 and W10 of No.39 Ben Boyd Road during the winter solstice. d) The dormer window to the street is to be deleted. The dormer window on the front elevation has been deleted under the amended plans. In conclusion, the amended proposal has satisfactorily addressed items (a), (b) and (d) of this resolution. A condition of consent is recommended to address item (c) of this resolution. In addressing these items, the amended proposal is considered to maintain a reasonable level of solar access to the main living areas of No.39 Ben Boyd road during the winter solstice whilst also maintaining the heritage significance of the dwelling. Other matters for consideration Visual privacy The amended proposal indicates three (3) new first floor windows (W2 and W3) to bedroom 3 and the en-suite. There is a bedroom window directly opposite at No.39 Ben Boyd Road. The windows are separated by 865mm, and there will likely be some overlooking, a condition of consent is recommended that the bottom pane of these windows (W2 and W3) be fitted with fixed obscure glazing to maintain reasonable privacy between properties [refer to Condition C17 (a)]. The amended proposal also indicates new full length windows (W5) with external louvres along the southern facade of the rear addition. A further condition is recommended that these be horizontal louvres be fixed at an angle of 45 degrees to maintain reasonable privacy between properties [refer to Condition C17(b)]. The amended proposal also indicates new first floor highlight windows (W1 and W8) along the southern facade. These windows have a floor to sill height of 1.8 metres and would not adversely affect privacy with this adjoining property.


Safety and security The amended proposal indicates a new gate to provide access from the front porch of the subject site down the right of way to the rear of the subject site. The subject site benefits from this right of way. The new gate will be located wholly within the subject site and it is recommended that a lock be installed on this gate to maintain safety and security for the occupants of the subject property and the adjoining property at No.39 Ben Boyd Road (refer to Condition G1). SITE SUITABILITY The amended proposal will maintain the heritage significance of the dwelling and a reasonable level of solar access to the main living areas of No.39 Ben Boyd Road during the winter solstice and is therefore considered to be suitable for the subject site. SUBMITTORS CONCERNS The amended proposal was notified to adjoining properties between 30 June 2015 and 14 July 2015. A total of three (3) submissions were received against the amended proposal. The issues raised by the submitters are summarised and addressed below:

The design of the balcony is not in accordance with the resolution of the Panel. The balcony indicated on the amended proposal has a maximum depth of 1.5metres and an area of approximately 3.6m². This balcony is not considered a Juliette style balcony as required by the NSIPP resolution. A condition of consent is recommended that the balcony be re-designed to have a maximum depth of 500mm to be more characteristic of a Juliette style balcony. It is also recommended that the steel framed glass balustrades be removed and replaced with steel palisade balustrades The first floor slab that extends out over the rear of the ground floor must be non trafficable and may be planted with grasses and succulents to a maximum height of 100mm to maintain reasonable amenity with the adjoining properties [refer to Condition C1(d)].

The amended proposal will still impact 5 of the 6 northern ground floor living room windows of No.39 Ben Boyd Road.

Comment As detailed within this report, the amended proposal would result in no additional overshadowing to the glazed areas of windows W8, W9 and W10 along the northern facade of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The amended proposal would overshadow the other windows (W5, W6 and W7) along the northern facade of No.39 Ben Boyd between 9am and 12pm during the winter solstice. It should be noted that any redevelopment at the rear of the existing dwelling at No. 41 Ben Boyd Road to improve internal living spaces on both the ground and first floor will likely result in the loss of solar access to windows W5, W6 and W7 during the winter solstice. The amended proposal is considered to maintain reasonable solar access to the main living areas of No.39 Ben Boyd Road during the winter solstice.

The existing shadow diagrams prepared for mid winter are incorrect.


Comment The existing shadow diagrams indicate a ground floor rear awning structure and works from lapsed development consent at No.43 Ben Boyd Road. The shadow cast by these structures were excluded from the assessment (refer to Figure 5 below).

Figure 5 - Incorrect aspects of the shadow diagrams

The amended proposal is non compliant with the building height control in NSLEP 2013 and side setback control in NSDCP 2013.

Comment A rear two storey addition that is fully compliant with the building height (5.5 metres) and side setback controls (900mm on the ground floor and 1.5metres on the first floor) would result in a similar loss of solar access to windows W5, W6 and W7 along the northern facade of No.39 Ben Boyd Road during the winter solstice.

The proposal is contrary to the zone objectives and the aims of the NSLEP 2013. Comment The amended proposal is considered to achieve the relevant zone objectives as the heritage significance of the dwelling will be maintained with the removal of the front dormer and the main living areas of No.39 Ben Boyd Road will maintain a reasonable level of solar access during mid winter as discussed in detail throughout this report. The proposal is therefore considered to achieve the relevant zone objectives and aims of the NSLEP 2013.

The proposed amendments are minor and unlikely to result in a material improvement in solar access to the main living spaces of No.39 Ben Boyd Road.

Comment

Shadow cast for No.43 Ben Boyd

Structure at No.43 Ben Boyd Road


The amended proposal has provided an increased first floor rear setback by between 400mm and 1500mm by virtue of the splayed rear building line and lowered the floor to ceiling height of the south eastern corner of the ground floor from 2.9 metres to 2.3 metres. These amendments result in improved solar access to windows W8, W9 and W10 during the winter solstice and satisfy the requirements of NSIPP.

The southern glazing on the ground floor addition should be fixed and frosted to maintain privacy and security.

Comment The amended proposal indicates new full length windows (W5) with external louvres along the southern facade of the rear addition. A further condition is recommended that these be horizontal louvres be fixed at an angle of 45 degrees to maintain reasonable privacy between properties [refer to Condition C17(b)].

The proposed new open steel side access gates will likely cause safety and security issues.

Comment The amended proposal indicates a new gate to provide access from the front porch down the right of way to the rear of the subject site. The new gate will be located wholly within the subject site and it is recommended that a lock be installed on this gate to maintain safety and security for the occupants of the subject property and the adjoining property at No.39 Ben Boyd Road (refer to Condition G1).

The proposal will generate additional pressures on the existing sewer lines. Comment A condition of consent is recommended requiring that the approved plans be submitted to Sydney Water to determine whether the proposal will affect Sydney Water’s sewer and water mains and if further requirements need to be met (refer Condition D1).

The amended proposal will result in additional overshadowing to the rear garden of No.37 Ben Boyd Road

Comment The amended proposal will not affect morning solar access to the rear garden of No.37 Ben Boyd Road during the winter solstice.

The amended plans are unclear and inconsistent Comment The applicant has also corrected/rectified a number of the inconsistencies found on the earlier plans. As detailed earlier within this report, the works indicated at No.43 Ben Boyd Road have


lapsed and were not considered in this assessment. Appropriate conditions are recommended to maintain reasonable amenity with the adjoining property. REQUEST FOR FURTHER DEFERRAL The adjoining owner through their solicitor has requested a further deferral of this matter so that they can study in detail the shadow diagrams prepared. As noted earlier in this report save for some minor discrepancies, the shadow diagrams are reliable and suitable for assessment. However it is open to the panel to further defer the matter if it is in any doubt. PUBLIC INTEREST The amended proposal is considered to be in the public interest for the reasons provided throughout this report. CONCLUSION The amended plans have made changes to the rear first floor building line and floor to ceiling heights of the ground floor to improve solar access to windows W8, W9 and W10 of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The amended plans indicate that there will be no additional overshadowing beyond that caused by the existing southern boundary fence. The amended proposal will maintain a reasonable level of solar access to the main living room of No.39 Ben Boyd Road during the winter solstice. The applicant has also deleted the front dormer to maintain the heritage significance of the dwelling. A condition of consent is recommended that the rear first floor balcony be re-designed to be more like a Juliette style balcony to address the requirement of NSIPP. The re-design of this balcony and the addition of louvres and obscure glazing to a number of the southern windows will ensure reasonable privacy is maintained with No.39 Ben Boyd Road. The subject proposal is largely consistent with other approvals given in the neighbourhood. Subject to recommended conditions of consent, the amended proposal has generally addressed this requirement of NSIPP. Accordingly, the proposed development is recommended for approval. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A THAT North Sydney Independent Planning Panel, as the consent authority, assume the

concurrence of the Director General of the Department of Planning and Environment and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height and grant consent to Development Application No. 384/14 for alterations and additions to the existing semi detached dwelling on land at 41 Ben Boyd Road, Neutral Bay subject to the attached conditions including the following site specific conditions:-


Site specific conditions

Terms of the Consent A4. No approval is given and/or implied under this consent for any of the following

works:

a) Any of the works indicated on the property at No.43 Ben Boyd Road, Neutral Bay.

b) Any dormer on the west (street) elevation of the subject dwelling.

Reason: To ensure consistency with the terms of this approval.

Rear First Floor Balcony

C1. Prior to the issue of the construction certificate, the rear first floor balcony must be re-designed as follows:

a) The open steel framed glass balustrades must be removed and replaced

with a steel palisade balustrade. b) The depth of the balcony must be a maximum of 500mm c) The glazed awning over the balcony must be removed, including any

vertical banding d) Beyond the balcony, the remainder of the first floor slab over the ground

floor must be non trafficable, however may be planted with grasses and succulents to a maximum height of 100mm, above the height of the slab.

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 consistency with the recommendation of the Panel and

to maintain reasonable privacy with adjoining properties)

Southern Boundary Fence and Landscaping

C2. Prior to the issue of the construction certificate, details of the new southern boundary fence including landscaping must be provided to the Certifying Authority and must be designed as follows:

a) The reconstructed southern boundary fence must be either timber paling or

lapped and capped and to a height no greater than 1800mm above the existing ground level on the subject site.

b) Any new landscaping adjacent to this reconstructed southern boundary fence must obtain mature heights no greater than the height of this fence.



(Reason: To maintain reasonable solar amenity to the main living areas of No.39 Ben Boyd Road)

First Floor Bedroom 3 Windows

C3. The two (2) first floor bedroom 3 windows (W3) must not be single wide

windows as indicated on Drawing Number DA03, Amendment E dated 31 May 2015. The two (2) first floor bedroom 3 windows (W3) on the southern elevation must be designed to have vertical proportions consistent with that indicated on Drawing Number DA08, Amendment E dated 29 May 2015.

(Reason: To ensure that new openings on the original terrace are sympathetic

to Victorian proportions.) New Access Gate

G1. Prior to the issue of the occupation certificate, a lock must be installed on the new access gate on the southern side of the front porch.

(Reason: To maintain safety and security for the occupants of the dwellings)

Luke Donovan Robyn Pearson SENIOR ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS) Stephen Beattie MANAGER OF DEVELOPMENT SERVICES

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NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

41 BEN BOYD ROAD, NEUTRAL BAY

DEVELOPMENT APPLICATION NO. 384/14

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

DA01 E Site plan Simon Rosewell Pty Ltd 23 June 2015 DA02 E Ground floor plan Simon Rosewell Pty Ltd 23 June 2015 DA03 E First floor plan Simon Rosewell Pty Ltd 23 June 2015 DA04 E Attic Floor plan Simon Rosewell Pty Ltd 23 June 2015 DA05 E Street elevation Simon Rosewell Pty Ltd 23 June 2015 DA06 E Rear elevation Simon Rosewell Pty Ltd 23 June 2015 DA07 E North elevation Simon Rosewell Pty Ltd 23 June 2015 DA08 E South elevation Simon Rosewell Pty Ltd 23 June 2015 DA09 E Cross section Simon Rosewell Pty Ltd 23 June 2015 DA10 E Longitudinal section Simon Rosewell Pty Ltd 23 June 2015

(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 IPP09 - 5/08/15

41 BEN BOYD ROAD, NEUTRAL BAY DEVELOPMENT APPLICATION NO. 384/14 Page 2 of 22

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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) Terms of the consent

A4. No approval is given and/or implied under this consent for any of the following

works: 1. Any of the works indicated on the property at No.43 Ben Boyd Road, Neutral Bay 2. Any dormer on the west (street) elevation of the subject dwelling Reason: To ensure consistency with the terms of this approval.

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Rear First Floor Balcony C1. Prior to the issue of the construction certificate, the rear first floor balcony must be re-

designed as follows:

a) The open steel framed glass balustrades must be removed and replaced with a steel palisade balustrade.

b) The depth of the balcony must be a maximum of 500mm at any one point c) The glazed awning over the balcony must be removed, including any vertical

banding d) Beyond the balcony, the remainder of the first floor slab over the ground floor

must be remain non trafficable and may be planted with grasses and succulents to a maximum height of 100mm, above the height of the slab.


(Reason: To ensure consistency with the recommendation of the Panel and to

maintain reasonable privacy with adjoining properties) Southern Boundary Fence and Landscaping C2. Prior to the issue of the construction certificate, details of the southern boundary fence

including landscaping must be provided to the Certifying Authority and must be designed as follows:



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a) The reconstructed southern boundary fence must be either timber paling or lapped and capped and to a height no greater than 1800mm above the existing ground level on the subject site.

b) Any new landscaping adjacent to this reconstructed southern boundary fence must obtain mature heights no greater than the height of this fence.

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. (Reasons: To maintain reasonable solar amenity to the main living areas of No.39

Ben Boyd Road.)

First Floor Bedroom 3 Windows C3. The two (2) first floor bedroom 3 windows (W3) must not be single wide windows as

indicated on Drawing Number DA03, Amendment E dated 31 May 2015. The two (2) first floor bedroom 3 windows (W3) on the southern elevation must be designed to have vertical proportions consistent with that indicated on Drawing Number DA08, Amendment E dated 29 May 2015.

(Reason: To ensure that new openings on the original terrace are sympathetic to

Victorian proportions.) Dilapidation Report Damage to Public Infrastructure C4. 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.



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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) C5. A photographic survey and dilapidation report of adjoining properties No’s. 39 and 43

Ben Boyd Road detailing the physical condition of those properties, both internally and externally, 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.

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 (Semi Detached and Terrace Buildings) C6. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining property No. 43 Ben Boyd Road, which certifies their ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.



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Under no circumstances shall the party or common wall be extended or altered without the prior written consent of the adjoining owner. Any such extension of the party wall shall be noted on title by way of appropriate easement or Section 88B instrument.

(Reason: To ensure the protection and structural integrity of adjoining

properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C7. 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 C8. 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.



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

All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

erosion from development sites) Waste Management Plan C9. 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 (Heritage Items) C10. A traditional palette of finishes, materials and colour schemes must be selected for the

new building works appropriate to the architectural style of the original building and 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 exterior colours, finishes and materials are sympathetic

to the significance of the heritage item.) Skylight(s) C11. Skylight flashing(s) and frame(s) to be coloured to match the roof material.

Skylight(s) to sit no higher than 100mm above roof plane when in a closed position.



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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 fully satisfy the requirements of this condition.

(Reason: To minimise the visual impact of the skylight(s) on the roof plane)

Roofing Materials - Reflectivity C12. 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 C13. 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) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity via a direct connection to Council’s stormwater line which passes at the back of the property.

c) All civil and drainage works within Council’s stormwater drainage easement shall be designed and built in accordance with Council’s current “Infrastructure Specification”. Prior to issue of the Construction Certificate the applicant must have engineering plans and specifications, prepared by a qualified civil drainage design engineer. Council must approve the plans and specifications, in writing, prior to issue of any Construction Certificate by the Certifying Authority. The documentation must provide engineering construction detail for the following public infrastructure works that must be completed as part of the approved development. Council reserve the right of keeping all bonds on infrastructure works for 12 month defects liability period.



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d) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit. Details of all plans certified as being adequate for their intended purpose and complaint with the provisions of AS3500.3.2 by an appropriately qualified and practising civil engineer, shall be submitted with the application for a Construction Certificate.

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) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C14. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $3,500.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls) required in connection with this consent

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

the work is completed. The security 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: -


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September 2013 v1

• where the damage constitutes a hazard in which case Council may make use of the security immediately;

• the applicant has not repaired or commenced repairing damage within 48 hours of the issue by Council in writing of instructions to undertake such repairs or works;

• works in the public road associated with the development are to an unacceptable quality; and

• the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

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

appropriate quality for new public infrastructure) Asbestos Material Survey C15. 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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Noise from Plant and Equipment C16. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant and equipment operating contemporaneously on the site or in the strata scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when measured at the boundary of any affected receiver . The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment Operations Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected receiver. 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 an appropriate level of amenity for adjoining land uses)

Privacy C17. The following privacy devices are to be provided:

a) The bottom panes of the two (2) first floor bedroom 3 windows (W3) and en-suite window (W2) on the southern elevation must be fixed and fitted with obscure glass.

b) Fixed external horizontal timber louvers at a 45 degree angle must attached the

new fixed glazing that forms window W5 along the ground floor southern elevation of the dwelling. The fixed external horizontal timber louvers at a 45 degree angle must be attached to the full height of these windows.

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 an adequate level of privacy is provided to adjoining

property located at No.39 Ben Boyd Road)



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Security Deposit/Guarantee Schedule C18. 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 ($) Footpath Damage Bond $2,000.00 Drainage Construction Bond $1,500.00 TOTAL BONDS $3,500.00

(Reason: Compliance with the development consent)

BASIX Certificate C19. 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. (A201158) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements) D. Prior to the Commencement of any Works (and continuing where indicated) Sydney Water Approvals D1. 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)



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Commencement of Works Notice

D2. 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 Parking Restrictions

E1. 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 E2. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council.. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)



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Service adjustments E3. 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)

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.



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(c) Dust suppression measures must be carried out to minimise wind-borne emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

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

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)

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: -



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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.


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.




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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.

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) Installation and Maintenance of Sediment Control E12. 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)



September 2013 v1

Sediment and Erosion Control Signage E13. 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) Site Amenities and Facilities E14. 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 E15. 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

E16. 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)



September 2013 v1

Plant & Equipment Kept Within Site E17. 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)

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:

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.


http://www.northsydney.nsw.gov.au/�


September 2013 v1

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)

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)



September 2013 v1

Mandatory Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Demolition F7. 1) 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 F8. 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)

G. Prior to the Issue of an Occupation Certificate New access gate G1. Prior to the issue of the occupation certificate, a lock must be installed on the new

access gate on the southern side of the front porch. (Reason: To maintain safety and security for the occupants of the dwellings)



September 2013 v1

Infrastructure Repair and Completion of Works G2. Prior to the issue of any Occupation Certificate any and all works relating to the

development: a. 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)

Certification- Civil Works G3. An appropriately qualified and practising Civil Engineer must certify to the Certifying

Authority that the stormwater drainage system is constructed in accordance with this consent and the provisions of the applicable Australian Standard. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority) upon completion of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

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)



September 2013 v1

Asbestos Clearance Certificate G6. 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 G7. 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) Compliance with Certain conditions G8. Prior to the issue of any Occupation Certificate C1, C2 & C3 must be certified as

having been implemented on site and complied with.

(Reason: To ensure the development is completed in accordance with the requirements of this consent)


10

2020

20

10

20

30

10

30

30

20

3040

4040

50

50

60

5040

70

40

30

14.8

15.8

18.8

18.7

20.5

21.0 18.122.1

19.6

23.1

21.9

22.7

34.3

41.2

34.8

27.1

32.1

34.4

49.343.7

45.9

46.5

40.9

43.9

48.8

50.2

27.5

45.443.6

30.8

41.1

32.6

31.7

31.7

32.2

32.3

41.6

40.9

38.6

39.1

42.3

42.4

25.6

30.5

32.0

30.2

51.5

23.1

35.6

33.3

32.1

38.3

33.9

31.4

34.9

35.9

37.8

39.9

38.8

31.0 27.2

26.4

37.8

29.2

27.4

29.336.4

33.0

37.7

36.9

37.4

36.2

41.2

36.2

37.1

37.3

33.7

39.4

37.3

39.3

37.9

40.0

39.4

41.1

43.8

47.3

50.8

45.546.147.3

42.7

42.7

42.5

45.4

46.3

51.9

45.344.4

48.8

46.7

51.7

44.8

45.3

51.6

45.3

41.2

42.4

47.1

43.1

42.4

36.5

40.0

43.6

39.0

44.2

41.7

43.2

52.9

49.5

44.2

45.9

46.845.9

46.0

43.8

45.2

34.1 39.8

39.536.1

32.1

38.3

31.1

38.4

31.8

38.0

35.4

35.0

33.2

35.4

40.6

41.8

42.9

43.7

41.6

36.0

41.9

35.4

41.5

35.2

41.2

55.742.2

56.3

51.842.2

54.3

53.550.2

41.0

46.2

43.6

45.6

44.2

54.6

55.4

55.1

54.3

54.6

53.4

55.1

58.2

60.9

47.8

48.1

53.5

51.6

51.8

51.9

57.8

66.1

56.3

52.5

66.7

53.7

58.8

57.0

60.9

54.9

18.520.2

22.3

22.7

25.6

32.4

25.3

32.1

28.4

27.3

29.2

27.5

30.6

26.0

34.9

24.4

28.8

26.2

22.3

21.9

31.2

27.2

30.9

32.7

33.0

31.3

30.5

33.0

37.9

30.7

37.5

26.2

34.2

34.1

38.9

36.140.9

37.841.0

43.2

45.4

41.9

36.1

43.1

46.1

43.6

46.5

34.837.4

39.6

39.5

41.8

54.9

55.3

62.9

54.3

61.9

61.0

61.0

55.6

57.4

46.5

24.8

34.1

31.4

40.2

46.3

62.3

46.046.4

44.6

49.0

55.5

48.2

54.7

56.3

53.3

54.2

54.7

51.4

57.4

50.5

51.5

59.7

55.9

56.0

58.2

58.2

54.2

61.6

55.2

66.1

59.4

57.4

66.5

59.4

66.2

67.6

65.4

65.8

67.4

62.4

63.7

67.5

67.8

71.3

71.6

71.6

68.2

66.3

66.4

61.4

62.7

69.3

75.7

75.9

72.6

67.668.3

68.1

68.580.0

69.1

69.3

75.4

73.4

70.5

70.9

84.9

76.1

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For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

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ALTERATIONS & ADD]TIONS41 BEN BOYD ROAD, NEUTRAL BAYJ VAN HELTEN

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ALTERATIONS & ADDITIOTÉ4r EEil BOYD ROAD, NEUTRAL BAYJ VAN HELTEN

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ALTERATIONS & ADDITIONS41 BEt{ EOYD ROAD, ilEUlBAL BAYJ VAN HELTEN

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ALTERATIONS & ADDITIOñIS4r BEN BOYD ROAD,]{EUTRAL EAYJ VAN HELTEN

/l\ South Elevation

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ALTERATIONS & ADDMONS¡I1 BEN BOYD ROAD,]{EUTRAL BAYJ VAN HELTEN

JOB]IO DWOilO AIEIIDIETfT TTTLI

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ALTERATIONS & ADD¡NONS41 BEt{ BOYD ROAD, ilEUTRAL BAYJ VAN HELTEN

Section

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APPLICATION FORiI AND CONDITIONS

Certification of Shadow DiagramsCou¡cll Usc OnlY - KceP tbic bo¡ bl¡olt

NORTH SYDNEY COUNCÍLRECEIVED III/.1

1 g iuî,j 2015

SCANNED DMS

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Apply by pæt to;¡ Thc General Manager

North SydneY CouncilPO Box 12North Sydney NSW 2059

Apply ln pcrtotr to:¡ Customer Service Centre

North SydncY Council200 Millcr St, North SYdneY

DX 105E7 North SYdncY

lfyor rccd bolp lodgingYourrpgücrtion:Phone ow Ct¡stomcr ServiceCentr€ on (02) 9936 Elü) or comçin and talk to us.

PART I CERTIFICATION

DECLARATION ; I hercbY certiff that the shadow diagrams submíüed with th€ proposal at:

ñ Þ ü Tt".+1-

forthe erestion of: (descriPtion of development) A LT 6 "Í tø.tX 7 ¿oni J

i)ii)ii r)iv)v)

ín accordance witlr the suwey (prepared by a registered surveyor) which ís required to be submítted wilh the proposal;

drawn to true - north;to indicate shadow c¿st by the prop'osal at 9arn,-noon, '3pq mid-winter ¡r¡d'qlæto indicate the shadow

""r, Ui !*irting Uoilains afid structufes on the site and in the sgnounding area; and

iiáppi."¡1" elevations of adjoining piemises showing existing and proposed shadows'

PART 2 CERTIFIER DETAILS

CERTIFIER: El v, D t"to I v. f] ottte'

Full Family Name (no initials) (or ComPanY)

initials) (or ACN) It/Y1Jir¡ ^JFul[ Given Names (no

Alærnate ( )Phone ( )

Mobile ( ) OLt I Facsímile ( )

Technician, SuwcYor) 5,.,¡{ã.¡ f¡ I ol?-Qualificstìon (ie' Architect Planner, Computer

Signed:Date: l]- .l<

I hsve read and the Privacry SlÂtement

Dale: .).:.',...T..--...'t(Sígned:

Ph: 9936 8100 Email: [email protected],qov'au 01t07t20'14


EasGS IJ RVEY¡ N G

17-8-2015Mr S RosowellSimon RoaouPll PtY Lü

R¡: 41 Bon loyd Rd, ilrt¡tnl Ery - Shrþry Dlrgrrmr

Dear SimonAs instrucicd by you I hare made independsnt calculationg for shadowing b¡¡od on

drawings provided by email on 16th Juno 2015. Thg sot of drawlngs are for alter¡tionc

and additions Job No'1006 amendment E dated 26-$'15'

Galculations have been made in relation to the ground floor windows w8,w9 & w10 of

adjoining residence No.39 to the south of the subject property.

I have reviewed Rendered 3 dimensional shadow diagrams titled 'shadow Diagrams

1,2,3,q dated 4h June 2015 and find them to be consistent with my own calculations

based on the information given and in accordance with the survey plan submitted with

the proPosal.

Yours faithtullY

Simon WarrenDip. SurveyingMember lnstitution of Surveyors NSW

îì{;i-, OÁ12 448 259 f ¡.' 02 ó555 300ó

ó Surfuiew ove Forsler 2428 ;;rrrti;i bosesurveying@iinet'net'ou


WINTER SOLSTICE

EXISTING SHADOWS PRIOR IO ALIERATIONS ANDADDITIONS

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ALTERAT¡ONS & ADDITIONS4I BEN BOYD ROAD, I{EUTRAL BAYJ VAN HELTEN

JOBM) DWOilO ATENDXEi|T TÍTLE

1OOC DA1I ! SHAT'OWDIAGFAreISCALE DATE PTITIDilTA .r As 04.ü.16

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SIMON ROSEWELL PTY LTD archiÞclure . des¡gn . pro¡ect management


WINTER SOLSTICE

EXISTINGSHADOWS PRIORTO ALTERAIIOôISANDADDI]IONS

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9:30am

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SCALE DATE PRTTED

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NOTES

flat êlevâtÌon sh¿di¡g rop€ssnled m dwg 1

3d mdellhg q€wed fom sola.angle, as €prêsented ln dw€ 2 and 3d mdelljng

w¡dows Wé W. Wlodrawn æ €vrdsnl 21¡38mm storm mu d, 40xl40mnframs stto nsbe

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widths ¿nd Loæton obte ned ftom suß3y)lhe ôr¿nge liie Épresnls lhe iûê of shedìng o¡ lhé wlnler e slice âl 12pm

à


JOB NO DWO NO ATE¡{DtrEI{T TfILE1006 DA41 E SHADOW ANALYSIS'I

SIMON ROSEWELL PTY LTD arch¡tecture

....19!t9r!9!1!Y.|ry

SCALE DATE PRINTED

l:10O rt A3 16,07.15

2 3 JUL 2015vam

complyúrh relovânttuthodliærèqurrem€nL3CúpV wih ltu Building Cod. of Allhli€complyúh all d€vantAusrsliån SÞn@rds

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Dmênsrons rn ñillm.tè6Conlirm dl dlmensonson 9€Þror ro commociE woúUs fg!rd dimêñdons o¡ly

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DECISION OFNORTH SYDNEY INDEPENDENT PLANNING PANEL

MEETING HELD ON 6 MAY 2015

DA No: 384n4

ADDRESS: 41 Ben Boyd Road, Neutral Bay

Alterations and additions to the existing semi detached dwellingPROPOSAL:

Luke Donovan, Senior Assessment OfficerREPORT BY NAME:

Greater than 107o non compliance with the permissible buildingheight

REASON FORNSIPPREFERRAL:

Simon Rosewell Pty LtdAPPLICAITIT:

ITEM 3

Public submissions

Laurent Horrut - SubmitterSimon Rosewell - ArchitectAnnelize Kaalsen - PlannerJohn Oultram - Heritage Consultant

Business ltem Recommendations

The Panel resolved to defer the item to its next available meeting to enable the applicant to amend theplans to provide for:

a) Improved solar access to No. 39 Ben Boyd Road in respect of windows W8, W9 and WlO at

the winter solstice to the extent that there is no further additional overshadowing than thatprovided by the fence at I lam and for windows W8 and W9 at midday;

b) The awning to the ground level is to be amended to satisff a) above;

c) The balcony off the first level bedroom is to be amended to a Juliette style balcony to improveprivacy and any overshadowing must also satisfo a) above;

d) The dormer window to the street is to be deleted.

(Panel Reason: To allow development of the dwelling without unreasonable impacts to the adjoiningproperties, and to maintain the streetscape signifrcance of the heritage items. The

Panel considers the removal of the staircase will not adversely affect the heritage

significance of the item. The amended plans if required need to be renotified underthe provisions of the North Sydney DCP.)

Voting was as follows: Unanimous

No Panel Member Yes NoPanel Member YesX Michael Harrison XJan MunellX Ian Pickles XFrancesca O'Brien


Item IPP03 - REPORTS - 0610512015

NORTH SYDNEY COUNCIL REPORTS

NSIPP MEETING HELD ON 06/05/2015

ADDRESS/WARD: 41 Ben Boyd Road, Neutral Bay (C)

APPLICATION No: DA384/t4

PROPOSAL: Alterations and additions to the existing semi detached dwelling

PLANS REF: Drawings numbered DA01 -DAl0, DA14 - DA15 Rev C, dated

1610312015, drawn by Simon Rosewell Pty Ltd, and received byCouncil on 20 Marchz0Is

OWNER: Jean-Jacques Van Helten (No.41 Ben Boyd Road)

Earl and Fiona Hekking (No.43 Ben Boyd Road)

APPLICANT: Simon Rosewell Pty Ltd,

AUTIIOR: Luke Donovan, Senior Assessment Officer

DATE OF REPORT: 27 April?0l5

DATE LODGED: 3 November 2014

AMEITIDED: 20 March 2015 (Amended plans)

Attachments:1. Site plan

2. Architectural plans

3. Shadow diagrams4. Clause 4.6 submission

RECOMMENDATION: Retusal


Report of Luke Donovan, Senior Assessment Officer Page2

Re: 4l Ben Road, Neutral Bay

EXECUTIVE SUMMARY

This development application seeks approval from NSIPP for alterations and additions to the

existing semi detached dwelling on land at No. 4l Ben Boyd Road, Neutral Bay.

The application is reported to NSIPP because the proposed works are above the

permissible height limit of 5.5m pursuant to clause 4.3(28) in NSLEP 2013. The

noncompliance with the permitted height limit is greater than l0V" requiringdetermination by NSIPP as directed by the Department of Planning and Infrastructure.

Council' s notification of the original proposal has attracted three (3) submissions against and one

(l) submission in support ofthe proposal. The submissions raised particular concerns about loss

of solar access and visual privacy, excessive bulk and scale and non compliance with building

height and side setback controls.

The design and location of the main open plan living room of the adjoining property at No.39

Ben Boyd Road mean they are largely reliant on solar access through the ground floor northern

windows. The existing subject dwelling maintains greater than three hours of solar access to at

least three (3) of the six (6) ground floor northern windows during mid winter and the equinox.

Of these ground floor northern windows, the proposed development maintains approximately two

and a half hours of solar access to two (2) of the windows and only one and a half hours to one

(1) of the other windows during mid winter. The non compliance with the building height and

side setback controls contribute to this level of overshadowing to this adjoining property.

Whilst the applicant has indicated that a building envelope that complied with the building height

and side setback controls would result in a greater level of overshadowing to this adjoiningproperty, the rear building setback and architectural detailing on both the ground and first floors

are the main contributor to this level of overshadowing to the main living areas of No.39 Ben

Boyd Road. On balance, the level of overshadowing is considered unacceptable as only a quarter

of the floor area of the main living room of No.39 Ben Boyd Road would receive any solar access

during mid winter contrary to Council's controls.

Council's Conservation Planner considers that the proposed dormer on the front elevation willnot be compatible with the adjoining heritage listed properties. The proposed removal of the

original internal staircase is also contrary to the heritage controls which require the retention and

preservation of interior original decorative features. These aspects ofthe proposalare likelytoresult in an adverse impact to significance of the heritage item.

Following this assessment, and having regard to the provisions of Section 79C of the

Environmental Planning & Assessment Act 1979, the application is considered to be

unreasonable in the site circumstances and recommended for refusal due to adverse solar access

and heritage impacts.


Re: 41 Ben Boyd Road, Neufral Bay - DA 384114

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Report of Luke Donovan, Senior Assessment Officer Page 4

Re: 41 Ben Boyd Road, Neutral Bay

DESCRIPTION OF PROPOSAL

The application seeks approval from NSIPP for alterations and additions to the existing semi

detachåd dwelling on land at No. 41 Ben Boyd Road, Neutral Bay, specifically the following

works:

(a)(b)

The demolition of the existing rear wing.Internal alterations to the existing dwelling including the re-configuration ofthe internal

layout, the removal of the existing internal stairs and the creation of new openings to

intemal walls.(c) The conversion of the existing attic space to a new room with dormers to both the front

and rear elevations.(d) The construction of a new two storey rear addition to accommodate an open plan family

area, a kitchen, pantry, laundry and a bathroom on the ground floor and a master bedroom

with en-suite bathroom on the first floor.(e) To extend the existing terrace at the rear on the ground floor'(Ð To reconstruct the southern boundary fence

igl The provision of additional landscaping adjacent to the southern boundary of the site.

STATUTORY CONTROLS

North Sydney LEP 2013o Zoning- R2 Low Density Residential¡ ltem of Heritage - Yeso ln Vicinity of Item of Heritage - Yes (No's . 43, 43A, 45 and 47 Ben Boyd Road)

o Conservation Area - NoEnvironmental Planning & Assessment Act 1979

SEPP No. 55 - Remediation of Lands

SEPP (Building Sustainability Index - BASIX) 2004

SREP (Sydney Harbour Catchment) 2005

BASIXLocal Development

POLICY CONTROLS

NSDCP 2OI3

DESCRIPTION OF LOCALITY

The subject site is located on the eastern side of Ben Boyd Road between Aubin and Philips

Streets. The property is rectangular in shape with a nalrow street frontage of 5 metres and a total

area of 22l.lS11¡t 1Uy survey). The land has a gentle fall from the front to the rear boundary ofapproximately 1.8 metres.



Re: 4l Ben Boyd Road, Neutral Bay

Subject site

Photo 1 - Aerial photograph of subject site and surrounding development

Currently occupying the site is a two storey semi-detached dwelling which is listed as a heritage

item under Schedule 5 of the NSLEP 2013. The subject site forms part of a group of heritage

listed properties, being No's 4l to 47 Ben Boyd Road, located on the eastern side of Ben Boyd

Road. There is another group of heritage listed properties along the western side at No's I 8 to 36

Ben Boyd Road.

!*

tr

Subject site

Photos 2 and 3 - Front (left) and rear (right) elevation of the subject semi detached dwelling


Report of Luke Donovan, Senior Assessment OfficerRe: 4l Ben Boyd Road, Neutral BaY

Page 6

The locality is characterised by various types of residential developments including single and

two storey detached and semi-detached dwellings, attached dwellings and apartment buildings.

Immediately adjoining the subject site to the north (No.43 Ben Boyd Road) is the other part ofthe

semi-detached dwelling. Further to the north ofthe subject site is a semi-detached dwelling with

a two storey rear addition at No.43A Ben Boyd Road. To the south of the subject site is a two

storey semi-detached dwelling at No.39 Ben Boyd Road with an 865mm wide right of way

adjacent to the common property boundary which benefits the subject site. To the east of the

subject site is a detached dwelling house on a battle-axe block at No.6A Undercliff Street which

separates the subject site and two heritage listed properties at No's 8 and 10 Undercliff Street.

RELEVANT HISTORY

A search of Council records revealed the following development history relevant to the subject

site.

Previous applications on subject site

Development Application D435/99 for a two storey rear addition to an existing semi-detached

dwelling was refused by Council on the l0 December 1998.

Development Applicati onDl94ll2 for alterations and additions to an existing two storey semi-

detached dwelling including a new two storey rear addition was lodged with Council on l9 June

2012.The application was refused by Council on l8 Februaty 2013.

The above mentioned applications both proposed the construction of a two storey high wall on

the boundary.

Development Application D15/05 for alterations and additions to the existing semi-detached

dwelling was lodged and approved under delegated authority on 13 January 2006. The consent

lapsed on 13 January2009.

Current application

The history of the subject development application is summarised below:

A Development Application (D4384/14) proposing alterations and

additions to the existing semi detached dwelling was lodged withCouncil.

3 November 2014

14 November 2014to 28 November20t4

The original proposal was notifred to adjoining property owners and the

Hayes Precinct. A total of three (3) submissions were received against

and one 1 submission in of the sal.

A letter was sent to the applicant advising of the following issues:

o The proposal would result in a significant reduction in solar access to

the primary living areas of No.39 Ben Boyd Road.

o The proposal would result in significant non compliances with the

building height control in NSLEP 2013.

o The proposal is also non compliant with the minimum side setback

controls in NSDCP 2013.

15 January 2015


Report of Luke Donovan, Senior Assessment Officer PageT


o The ground floor southern windows and first floor balcony are likelyto affect visual privacy for the adjoining property at No 39 Ben BoydRoad.

¡ Council's Conservation Planner considers that the front dormer to be

over scaled and likely to detract from the heritage significance of the

dwelling.o The proposed removal of the original staircase will remove original

significant fabric and change the room conftgurations contrary to the

heritage controls in NSDCP 2013.Council Officers attended a meeting with the applicant wherein the

issues raised in Council's letter were discussed.10 February 2015

20 March 2015 The applicant submitted amended plans in response to Council's letter

dated 15 January 2015. The main amendments were as follows:¡ The ground floor side setback to southern boundary increased to

600mm.r A splayed rear alignment provided to ground floor has increased the

ground floor rear setback by between 600mm and 1500mm.

o The first floor side setback, (adjacent to the staircase, near thesouthern boundary) was increased by an additional200mm.

o The first floor rear setback increased by 200mm.o The deletion of the glazed shower recess on the southern side of the

en-suite.o The width of the front dormer reduced to a maximum of 900mm.

31 March 2015 Council's Assessment Offrcer attended a meeting with the applicantwherein the amended plans were discussed.

25 March 2015 to 8Aoril2015

The amended proposal was notified to adjoining properties. One (l)submission was received against the amended proposal.

REFERRALS

Building

The application has not been assessed in respect of the Building Code of Australia however a

condition requiring compliance with the BCA was originally recommended for imposition and

remains on the consent. Furthermore, should significant changes be necessary to facilitate the

release of a Construction Certificate for the works included in this application, an additionalSection 96 application may be necessary.

Heritage

The amended proposal was referred to Council's Conservation Planner whose comments are

summarised below:

Heritage Status ond Signfficance

The subject property is listed as a heritage item but is not located within a conservation

area. Itforms part of the Ben Boyd Victorian Houses Group and is one ofþur terraces.

The front facade, exterior built þrm and the interiors are all intact. Original interiordecorative features are present including joinery, the staircase and ceiling roses.


Report of Luke Donovan, Senior Assessment Ofhcer Page 8

Re: 41 Ben Boyd Road, Neutral BaY

Front dormer - The amended proposal has modified the front dormer to have

Victorian proportions. Whilst this is an improvement, it is prefened that the

terrace has no dormer on the primary elevation as there are no approved

dormers on any of the terraces within the Ben Boyd Victorian Houses Group

No's. 43, 43A, 45 and 47 Ben Boyd Road). It is considered that the proposal

would result in an adverse impact on the significance of the heritage item

controry to Provision 3(d) in Part B, Section 1.4'11 in NSDCP 2013.

First floor rear balustrade - The first floor rear balcony must have a steel

palisade balustrade, not a glazed balustrade, to maintain the heritage

significance of the dwelling.

Interior staircase - The demolition of the original staircase is not supported as itis contrary to Objective Ot in Part B, Section 13.5.5 Interior Layouts'Toensure that signijìcant interior elements are retained and preserved; and

Provision PS in Part B, Section 13.5.5 Interior Layouts - Retain signfficønlinternal originøl features including ioinery, door sets, Jire places...

Council's consewation planners have consistently required the retention ofinterior ori ginal de corat iv e fe atur e s.

Firsl floor gtaZing - The first floor glazing to bedroom 3 and the bathroom

(l\indows í42 andW3) must have proportions sympathetic to the Victorian style,

that is, the single wide window to bedroom 3 as indicated on the first floor plan

must be separated into two separate nawower windows'

The southern highlight glazing on the first floor master bedroom and en-suite

Qír$ is contrary to Ohjective O3 in Part B, Section 13.5.1 - Protecting heritage

sígniJícance Ensure significantfeatures of herilage items are retained andlhatdevelopment is sympalhetíc to these features vtilh particular regurd to bulk,

form, slyle, characler, scale, selbacks and malerials.

To ensure consistency with this obiective, W8 to the master bedroom must be

modified to have two vertically proportionedwindows similar to Point 3 above.

The southern window to the en-suite could also have one smaller verticallyproportionedwindow above the hand basins.

Roof sheeting - The proposed roof sheeting must have a wide profile pan

(minimum 275 mmwidth), or roof sheetingwith a standing seam construction to

maintain the heritage significance of the dwelling. Klip Lok sheeting must not to

be used as is not characteristic of materials used on heritage items.

Planning comment

The ftont dormer and the removal of the original internal staircase are likely to have an adverse

impact on the significance of the heritage item and are not supported. If NSIPP is of a mind to

approve the subject application, the changes to the balustrades, glazingand roofsheeting could

be dealt with by conditions of consent.

I

2.

3.

4.

5.

6.




En gineering/Stormwater Drain age

The application was refened to Council's Development Engineer who generally supported the

proposal on engineering grounds subject to standard conditions ofconsent.

SUBMISSIONS

Orieinal proposal

The original proposal was notified to adjoining property owners and the Hayes Precinct seeking

.o--*t between 14 November2014 and 28 November 2014. Atotal of three (3) submissions

were received against and one (l) submission in support of the original proposal. The issues

raised in these submissions are summarised below and addressed later in this report'

Basis of Submissions

. The rear extension and first floor addition would severely obstruct solar access and daylight

to the main living areas of No.39 Ben Boyd Road.

. The proposal is non compliant with the building height control in NSLEP 2013 and side

setback control in NSDCP 2013.. The proposal is contrary to the zone objectives and the aims of NSLEP 2013.

. The solar diagrams are inaccurate

. The proposal is likely to have an adverse visual privacy impact upon the main living spaces

and rear private open space of No.39 Ben Boyd Road.

. The bulk and scale of the addition is generally uncharacteristic of the locality.

. There would be a loss of outlook from the main bedroom and adjoining balcony ofNo.43A

Ben Boyd Road.. The potential for overlooking in the rear yard of No. 434 Ben Boyd Road.

. The likely traffic impacts along Ben Boyd Road during construction works.

Amended proposal

The amended proposal was notified to adjoining property owners for comment between 25 March

2015 and S Afril2015. One (1) submission was received from No. 39 Ben Boyd Road against

the amended proposal raising similar issues to the above.

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:

SEPP 55 (Remediation of Land)

The provisions of SEPP 55 require Council to consider the likelihood of land contamination and

any iemediation necessary to rehabilitate the site. Council's records indicate that the site has

préviously been used for residential development and as such is unlikely to contain any

òontamination; therefore the requirements of SEPP 55 have been satisfactorily addressed.




SREP (Sydney Harbour Catchment) 2005

Having regard to the SREP (Sydney Harbour Catchment) 2005 (gazetted on 28 September 2005),

and thã Syãney Harbour Foreshores and Waterways Area DCP 2005, the proposed development

is not considered to be detrimental to the Harbour and will not unduly impose upon the character

ofthe foreshore. As such, the development satishes the provisions contained within SREP 2005

and the Sydney Harbour Foreshores and Waterways DCP 2005.

SEPP (Building Sustainabitity Index - BASIX) 2004

As the proposal involves building works which exceed $50,000.00 in value and involve

alterations ánd additions to an existing dwelling a valid BASIX certificate is required detailing

energy effrciency commitments to be undertaken with the proposed works. It is noted that a valid

BASD( certificate has been submitted (Certificate Number A201 I 58 dated 20 October 2014) and

commitments where relevant have been reflected on the plans as submitted. The development is

acceptable in this regard.

NSLEP 2013

The application has been assessed against the relevant provisions ofthe NSLEP 2013 as detailed

below:

Aims of the plan

Consideration has been given to Clause 1.2(cXi) of NSLEP 2013 relating to:

(c) in relation to residential development:(i) to ensure that new development does not adversely affect residential amenity in

terms of solar access "

The proposal is inconsistent with the above aim of NSLEP 2013 because the development willhave,an adverse impact upon the residential amenity ofthe adjoining property (No.39 Ben Boyd

Road) in terms of the level of solar access to the main internal living rooms of this dwelling.

(J) to identify and protect the natural, archaeological and built heritage of North

Sydney and ensure that development does not adversely affect its significance,

The application proposes the addition of a dormer on the primary elevation and the removal ofthe oiiginal internal staircase. Council's Conservation Planner has consistently required the

retentiõn and preservation ofinterior original decorative features, such as staircases and considers

that the front dormer is not be compatible with the adjoining heritage listed properties. The

proposed removal of this original internal staircase and the addition of the front dormer willafect tne heritage significance of the building and is inconsistent Aim of 1.2(2)(f1 of the NSLEP

20t3.

Permissibility within the zone

The site is zoned 'R2 Low Density Residential' under the provisions ofthe North Sydney Local

Environmental plan 2013. The application proposes alterations and additions to a semi detached

dwelling which is a permissible form of development in this zone with development consent

from Council.


Report of Luke Donovan, Senior Assessment OfficerRe: 4t Ben Boyd Road, Neutral Bay

Page I I

Zone objectives

The proposed development will compromise residential amenity in terms of solar access to the

main living rooms of the adjoining property (No.39 Ben Boyd Road), contrary to an objective(dot point 3) of the R2 Low Density Residential zone.

Building Height

Under the provisions of Clause 4.3(28), the maximum height of a building permitted on the

subject site is 5.5m. The maximum height of the existing dwelling is 9.8metres. The proposed

works including the front and rear dormers and rear wing of the dwelling are all above the

maximum building height control of 5 .5m (as indicated in the figure and table below).

¡:,I

,.-Æo**.S#tn*'d n a secrìon

Figure 1 - Longitudinal section plan indicating maximum building height control

The applicant has submitted a written request justifuing the variation to the building heightcontrol. The proposed breach has been assessed in accordance with the requirements of Clause

4.6(3) and (4) of NSLEP 2013. These matters have been considered below:

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

The proposed works do not alter the natural landform of the site.

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

The building elements in breach of the building control will not materially affect filtered views ofthe harbour from the first floor balcony of No.43A Ben Boyd Road by virtue ofthe rear buildingline not extending beyond that of No.39 Ben Boyd Road which is to the south of the subject site

(refer to Figure 2 below). The pergola over the rear of the first floor balcony will not adversely

affect the above mentioned view given the balcony is unenclosed with open steel balustrades

allowing for these filtered views to be retained. A reasonable leveI of view sharing wouldtherefore be maintained between properties.

Principat Development Standards - North Sydney Local Environmental Plan 2013

Site Ärea - 222m2 Prooosed Control CompliesFront dormer -9.4mRear dormer - 9.8mRear wing - 6.7m

5.5m NOClause 4.2 - Heights of Building


Report of Luke Donovan, Senior Assessment OfficerRe: 41 Ben Boyd Road, Neutral BaY

Page 12

Building outline of No.39 Ben

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Ben Boyd Road

(c) to mainlain solar access to existing dwellings, public resetves and streets, and topromote solar access for future development'

The breaches to the building height control in conjunction with the length of the rear addition

will materially reduce solar access to the ground floor main living rooms of No.39 Ben Boyd

Road during the winter solstice (refer to detailed discussion under the solar access assessment

later in this report).

(d) to maintain privøcy for residents of existing dwellings and to promote privacy forresídents of new buíldings

The breaches to the building height control, specifically the first floor balcony would promote

overlooking into the rear private open space of No.39 Ben Boyd Road. Whilst this could

potentially be resolved with a privacy screen on the southern side of the balcony, any privacy

,".."n is likely to exacerbate overshadowing to the gound floor living rooms ofNo.39 Ben Boyd

Road.

(e) to ensure compøtibilily helween development, particularly at zone boundaries,

The subject site and the group of adjoining heritage listed properties at No's 43 - 47 Ben Boyd

Road make a valuable contribution to the character ofthe locality due to their intactness in terms

of their appearance, built form and scale. It is noted that none of the above mentioned heritage

listed properties have dormers on the front elevation. Council's Conservation Planner considers

that the proposed dormer on the front elevation will not be compatible with the adjoining

properties and is likely to result in an adverse impact to significance of the heritage item'

Rear frrst floor building line



Re: 4l Ben Boyd Road, Neutral BaY

(f) to encourage øn oppropriate scale and density of development thal is in øccordance

with, and promotes the character of, øn area.

The bulk and scale ofthe rear addition is not considered appropriate in the site context given the

resulting adverse residential amenity impacts to the adjoining property.

It is concluded that objectives (c), (d), (e) and (f) ofthe building height control are not satisfied as

the proposed breaches to the building height control will result in a development that is likely to

havé an adverse impact upon the signifrcance of the heritage item and residential amenity in

terms of solar access and privacy with the adjoining property. Compliance with the maximum

building height control is therefore considered to be reasonable and necessary in the site

circumstances. The written justification seeking variation to Clause 4.3 in NSLEP 2013 is not

considered to be well founded in the site circumstances. Consequently, there are insufficient

planning reasons to justiff non compliance with the building height control as discussed

throughout this report.

Solar access assessment

As previously discussed, one of the primary issues with this application is the loss of solar access

to the main living areas of No.39 Ben Boyd Road and this will be considered below:

Location of main living areas

The main living areas of the adjoining property at No.39 Ben Boyd Road are open plan (refer to

Photo 6 below) and located on the ground floor of the dwelling. The main living areas rely

largely on solar access through the six (6) northern side window s (refer to Photo 4 below) . There

is a bi-fold door at the rear of this dwelling (refer to Photo 5 below) that also provides some

morning solar access to this main living area.

Photos 4 and 5 - Windows on northern elevation and bi-fold door on rear elevation ofNo.39 Ben Boyd Road


Report of Luke Donovan, Senior Assessment Off,rcer Page 14


Photo 6 - Open plan living area of No.39 Ben Boyd Road

Eastern (rear) bi-fold doors

The proposal would not cause material shadowing on the bi-fold door located on the rear

elevátion ofNo 39 Ben Boyd Road because this bi-fold door would primarily be affected by self

shadowing from the existing structures and the dense landscaping at the rear of the sites.

Northern (s ide) ground floor w indow s

The proposed rear addition would however result in a significant increase in overshadowing to

the northern ground floor living areas of No.39 Ben Boyd Road.

An assessment of the shadowing impact for the northern windows of living areas of No.39 Ben

Boyd Road has been undertaken in accordance with the planning principles adopted by Senior

Commissioner Moore of the NSW Land and Environment Court in relation to The

Benevolent Society v Waverley Council [20]01 NSWLEC 1082:

I'tPrinciple:

"The ease with which sunlight access can be protected is inversely proportional to the

density of development. At low densities, there is a reasonable expectation that a dwelling

and some of its open space will retain its existing sunlight. (However, even at low

densities there are sites and buitdings that are highlyvulnerable to beingovershadowed.)

At higher densities sunlight is harder to protect and the claim to retain it is not as

strong. "

The subject site and the adjoining sites are zoned R2 Low Density Residential. The application

proposes a two storey rear addition to the existing semi detached dwelling. Whilst acknowledging

ìn" iit" context, there is a reasonable expectation that the adjoining properties should maintain a

reasonable level of solar access, particularly during mid winter.




2nd Principle:

"The amount of sunlight lost should be taken into account, as well as the amount ofsunlight retained"

Winter solstice

The existing dwelling maintains greater than three hours of solar access, to at least three (3) ofthe six (6) ground floor northern windows (W8, W9 and Wl0) of the living area of No.39 Ben

Boyd Road during midwinter.

Of these six (6) ground floor northem windows, the proposed development maintains

approximately two and a half hours of solar access (9am to 1l.30am) to two (2) ofthe windows(W9 and W10) and only one and a half hours (9am to l0.30am) to one (1) of the other windows(W8) during mid winter. The remaining three (3) northern ground floor windows would not

receive any direct sunlight in mid winter.

The proposal would maintain some early moming solar access to the eastern (rear) ground floorwindow of No.39 Ben Boyd Road, however this would largely be obscured by the dense

landscaping at the rear of the sites.

-/

Figure 3 - Solar access to the northern windows (W8, W9 and W10) of No.39 Ben BoydRoad between 10.30am (left), 11.00am (centre) and 12noon (right) during the equinox

Equinox

The existing dwelling maintains more than 3 hours of solar access, to five (5) of the six (6)

ground floor northern windows (W6, W7, W8, W9 and WlO) of the living area of No.39 Ben

Boyd Road during the equinox.

The proposed development will maintain approximately 3 hours of solar access, between 9am

and 12pm to three (3) northem windows (W8, W9 and W10) of the living area of No.39 Ben

Boyd Road (refer to Figure 4 below) during the equinox.

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Figure 4 - Solar access to the northern windows (W8' W9 and W10)

Road between 11.00am (left) and l2noon (right) during the equinoxof No.39 Ben Boyd

3'd Principle:

"Overshadowing arising out of poor design is not acceptable, even if it satisfies

numerical guidelines. The poor quality of a proposal's design may be demonstrated by a

more sensitive design that achieves the same ameniltwithout substantial additional cost,

while reducing the impact on neighbours. "

The proposal is non compliant with both the building height and side setback controls. The

applicant has prepared shadow diagrams indicating that a rear addition that complied with both

ttré UuitOing height and side setback controls would result in a greater level of overshadowing to

the northern living room windows ofNo.39 Ben Boyd Pioad (refer to Figure 5 below). The extent

of overshadowing is largely due to the rear building line. A more sensitive design which provided

greater rear building setback and a compliant building envelope is likely to reduce the level ofovershadowing to No.39 Ben Boyd Road.

\I

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Figure 5 - Solar access comparison between the proposed

during the winter solstice

and complying schemes at 12pm


Report of Luke Donovan, Senior Assessment OfficerRe: 4l Ben Boyd Road, Neutral Bay

Page 17

4th Principle

" For a window, door or glass wall to be assessed as being in sunlight, regard should be

had not only to the proportion of the glazed area in sunlight but also to the síze of theglazed area itself, Strict mathematicalformulae are not always an appropriate meosure

of solar amenity. For larger glazed areas, adequate solar omeníty in the built space

behind may be achieved by the sun falling on comparatively modest portions of theglazed area. "

The northern ground floor windows (W5, W6, W7, W8, W9 and WlO) at No. 39 Ben Boyd Road

all have glazedareas of approximately 1.8m2 each. The open plan ground floor living space ofNo.39 Ben Boyd Road has a floor area of approximately30m2. Given the size ofthis living area,

to ensure a reasonable level of solar amenity, a majority ofthe glazed area of at least three (3) ofthese windows (W8, W9 and Wl0) should receive a minimum of 3 hours of solar access duringmidwinter.

Sth Principle

" For private open space to be assessed as receiving adequate sunlight, regard should be

had of the size of the open space and the amount of it receiving sunlight. Self-evidently,the smaller the open space, the greater the proportion of it requiring sunlight þr it tohave adequate solar amenity. A useable strip adjoining the living area in sunlight usuallyprovides better solar amenity, depending on the size of the space. The amount of sunlighton private open space should ordinarily be measured at ground level but regard shouldbe had to the size of the space as, in a smaller private open space, sunlightfolling on

seated residents may be adequate. "

By virtue of the sitting of the development, the proposal would maintain a reasonable level ofsunlight to private open space of No.39 Ben Boyd Road.

dh Principle

"Overshadowing by fences, roof overhangs and changes in level should be taken intoconsideration. Overshadowing by vegetation should be ignored, except that vegetationmay be talren into account in a qualitative way, in particular dense hedges that appearlike a solidfence."

Consideration has been given to the overshadowing caused by the southern boundary fence

between the subject site and No.39 Ben Boyd Road and the dense landscaping at the rear ofthesesites.

/h Principle

" In areas undergoing change, the impact on what is likely to be built on adjoining sites

should be considered as well as the existing development"




The subject and adjoining sites are zoned R2 Low Density residential under the NSLEP 2013.

Whilst ãcknowledging that some redevelopment is likely to occur to the subject site consistent

with neighbouring properties, the proposed development is likelyto cause an unreasonable level

of overshadowing to this adjoining property. The building envelope should be further reduced to

improve solar amenity for the adjoining properties atNo.39 Ben Boyd Road.

Heritage conservation

Council's Conservation Planner considers that the addition of the front dormer and the removal

ofthe original internal staircase will likely adversely impactthe significance ofthe heritage item

contrary to Objective l(b) of Section 5.10 in NSLEP 2013.

NSDCP 2013

The application has been assessed against Part B, Section I 'Residential Development' and

section l0 carparking' in NSDCP 2013 as detailed in the table below:

Comments

Ponulation MixResidentialMaintaining

Accommodation

Yes The proposal would maintain the mixture of residential population,

level of residential accommodation and affordable housing yithinthe locality.

Affordable Housing

The proposal will maintain the natural topography and landform ofthe site

YesTopography

The proposal will maintain a reasonable level

surrounding properties, specifically No.43A Ben Boyd Road, as

of view sharing for

detailed earlier within this

YesViews

No The proposal would fail to maintain three (3) hours

the northem ground floor windows ofthe main living areas ofNo.39Ben Boyd Road during mid winter contrary to P1(b) in Section 1.3.7

in NSDCP 2013. Of the northem ground floor windows, the

proposed development would maintain two and a half hours of solar

access to only two (2) windows and one and a half hours to one (l)window during mid winter. The proposal would therefore not

maintain a reasonable level of solar amenity to the ground floor

living areas of this adjoining property at No.39 Ben Boyd Road

ofsolar access to

in this1Smid winter. The

Solar Access

Yes The proposal is unlikely to result in adverse açoustic impacts to

neighbouring properties given the residential nature of theAcoustic Privacy

Yes

Southem windows

The proposal has incorporated highlight windows ( I .8 metre high sill

to W8) along the southem façade of the rear addition ofNo. 4l Ben

Boyd Road. The window (W7) on the southern side of the rear

addition is unlikely to adversely affect privacy as it is located above a

staircase. Louvres are proposed to the southern ground floor

windows (W4, W5 and W6) of the rear addition. These louvers in

addition to the landscaping and the existing boundary fence willensure reasonable privacy is maintained with the adjoining property.

Visual Privacy




NoThe addition of the rear first floor balcony will however cause

overlooking into the rear private open space of No.39 Ben Boyd

Road. This issue could be resolved through the provision ofa privacy

screen that is likely to exacerbate the level ofovershadowing to this

Rear first floor balcony

The proposed two storey rear addition is not inconsistent withsurrounding developments in the locality, however given the

constraints of the site, the proposed building envelope will likelycause an unreasonable level ofovershadowing to the ground floor

areas ofNo.39 Ben Road

Context

the group ofadjoining heritage listed properties

Boyd Road make a valuable contribution to the

character of the locality due to their intactness in terms of their

appearance, built form and scale. It is noted that none ofthe above

mentioned heritage listed properties have dormers on the front

elevation. Council's Conservation Planner considers that the

proposed dormer on the front elevation would not be compatible

with the adjoining properties and will likely result in an adverse

The subject site andatNo's 43 -47 Ben

item and theof theto the

NoStreetscape

Yes The proposal will maintain the characteristic building orientation andSiting

No The existing and proposed side setbacks are detailed in the

The proposed ground and first floor side setbacks fail to comply with

the minimum setback requirements in P2 in Part B, Section 1.4.6 in

NSDCP 2013. The non compliant side setbacks contribute to the

increase in overshadowing to the northern ground floor living areas

ofNo. 39 Ben Boyd Road.

The applicant has indicated that a building envelope that complied

with the minimum side setbacks would still result in overshadowing

to the northem ground floor living rooms of No.39 Ben Boyd'

Whilst acknowledging this level of overshadowing, it is importantto

understand that these are 'minimum' side setbacks and does not

necessarily entitle the applicant to build to these setbacks for the

length of the entire rear addition if it results in unreasonable

overshadowing to the northern ground floor living room windows ofNo.39 Ben Boyd Road.

Control CompliesExistins ProDosed900mm No1.5m

(southemboundary)

Nil setback(northernboundary)

600mm(southernboundary)


Groundfloor

l.5m Nol.5m(southemboundary)


Between1.lm andl.3m(southernboundary)

Firstfloor

table

below:Setback - Side




No The proposed rear building line does notproperties contrary to P5 in Part B, Section 1.4.6 in NSDCP 2013.

As detailed earlier in this report, the building footprint indicated on

the plans for adjoining property at No.43 Ben Boyd Road are stillnot correct, as this consent has now lapsed. The existing rear

building line ofNo.43 Ben Boyd Road is consistent with the subject

site (refer to photo 7 below). The adjoining property to the south at

No.39 Ben Boyd Road has a rear building line beyond what is

proposed under this application.

To match the average rear setback ofthe adjoining properties (as

indicated by the green dashed line in Photo 7 below), the proposed

rear setback should be increased. A greater rear setback at both the

ground and first floor will also likely reduce the level ofovershadowing to the northern ground floor windows (W8, W9 and

Wl0) of No.39 Ben Boyd.

Photo 7 - Ground (red line) and first floor (blueproposed developrnent and average first floor setback of

line) of

match those on adjoining

dashed line

Setback - Rear

No The excessive bulk and scale of the proposed rear addition, as

evidenced by the non compliances with the building height and

minimum setback controls are likely to contribute to the

unreasonable level ofovershadowing to the northern ground floorwindows of No.39 Ben Road.

Form Massing Scale

Yes does not seek a to theThe

Yes The proposed skillion roof over the rear addition is

acceptable as it is located below the existing ridge line and wouldconsidered

domain.not be visible from the

Roofs

Council's Conservation Planner considers the front dormer

detract from the significance of the subject dwelling, the nearby

heritage listed buildings and the streetscape'

The rear dormer is considered to be acceptable for the followingreasons:

. The sides of the dormer are setback from the party walls'

o The dormer is located below the existing ridge and would

not be visible from the public domain

¡ The dormer is unlikely to adversely affect the amenity of

would

Yes

NoDormers

Yes The proposed colours and materials are considered to be

consistent with theAS areMaterials


Report of Luke Donovan, Senior Assessment OfficerRe: 4l Ben Boyd Road, Neutral Bay

Page2l

Yes The application does not seek a change to the existing front fence.Front Fences

The proposal is considered to maintain a high level of safety and

securiw forthe occupants and visitors ofthe dwelling.Safety and Security Yes

There is no carparking currently provided on the site. It is

unreasonable in the site circumstances to require the provision ofcaroarkins eiven the constraints ofthe site and its heritage listing.

Vehicle Access and Parking Yes

The proposed site coverage is 4l%o which is compliant with the

maximum site coverage (60%) in Pl, Part B, Section 1.5.5 inNSDCP 2013.

YesSite Coverage

Yes

Yes

The proposed landscaped area is 39% which complies with the

minimum landscaped area in Pl, Part B, Section 1.5.6 in NSDCP2013.

The proposed un-built upon area is 20o/o which complies with the

maximum un-built upon area (20o/o) in Pl, Part B, Section 1.5.6 in

NSDCP 2013.

Landscape Area

Yes The proposal will provide additional landscaping adjacent to the

southern boundary, while maintaining the canopy trees in the rearyard ofthe site.

LandscapÍng

Yes The proposal does not seek a change to the existing front garden.Front GardensThe application proposes improved private open space with an

enlarged terrace and new balcony.YesPrivate and Communal Open

Space

Yes A valid BASIX Certificate was submitted with the applicationdemonstrating compliance with the relevant energy targets

Energy Efïîciency

Neutral Bay Relevant Planning Area (Neutral Neighbourhood)

The application has been assessed against the relevant controls in Part B in NSDCP 2013 and

found to be unsupportable due to the likely level of overshadowing as discussed in the table

above. Consideration has been given to Part C ofNSDCP 2013 and in particular Section 7 oftheCharacter Statement for the Neutral Bay Planning Area and Section 7.2 for the Neutral

Neighbourhood where the proposal is considered to be inconsistent with the desired future

character of the locality.

SITE SUITABILITY

The proposal is likely to result in an unreasonable level of overshadowing to the northem ground

floor living room'\¡i/indows ofNo.39 Ben Boyd Road during mid winter. Council's Conservation

Planner considers that the addition of the front dormer and the removal of original internal

staircase will have an adverse impact to significance of the heritage item. The proposal is

therefore not considered to be suitable for the subject site.

^ÀLL LIKELY IMPACTS OF THE DEVELOPMENT

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

report.

ENVIRONMENTAL APPRAISAL

1. Statutory Controls

2. Policy Controls

CONSIDERED

Yes

Yes




J Design in relation to existing building and

natural environment

4. Landscaping/OpenSpaceProvision

5. Trafflrc generation and Carparking provision

6. Loading and Servicing facilities

7. Physical relationship to and impact upon adjoiningdevelopment (Views, privacy, overshadowing, etc.)

8. Site Management Issues

9. All relevant S79C considerations ofEnvironmental Planning and Assessment (Amendment) Act 1979

SUBMITTORS CONCERNS

Yes

Yes

Yes

N/A

Yes

Yes

Yes

The original proposal was notified to adjoining property owners and the Hayes Precinct seeking

comment between 14 November2014 and28 November 2014. Atotal ofthree (3) submissions

were received against and one (1) submission in support of the original proposal.

The amended proposal was notified to adjoining properties for comment between 25 March 2015

and 8 April 2015. One (l) submission was received against the amended proposal raising no new

issues.

The issues raised by the submitters are summarised and addressed below

The rear exlension and Jirst floor addition would severely obstruct solar access anddaytighr tu the main living areas of No.39 Ben Boyd Road.

a

Comment

The proposed rear addition is likely to result in an unreasonable level of overshadowing to the

northem ground floor windows of No.39 Ben Boyd Road during mid winter as detailed

throughout this report.

The proposal is non compliant with the building height control in NSLEP 2013 and

side setback conlrol in NSDCP 2013.

a

Comment

The proposal is non compliant with the building height and setback controls which contributes to

this level of overshadowing on the adjoining property'

a

a The proposal is contrary to the zone obiectives and the aims of the NSLEP 2013




Comment

The proposal is likely to adversely affect the residential amenity of the adjoining property in

terms of solar access and the heritage significance of the dwelling contrary to the aims ofthe plan

and the R2 Low Density Residential zone objectives in NSLEP 2013.

o The likety traffic impacts during construction works.

Comment

If development consent was granted, a condition of consent could be imposed requiring existing

public parking in the vicinity of the site to be maintained during construction works with no

òb.t.u.ìio.rs to roadways to minimizetrafftc impacts to the surrounding road networks.

o The balk of the addition is uncharacteristic of the locality.

Comment

The excessive bulk of the addition, as evidenced by the non compliance with the building height

and minimum setback controls is likely to contribute to an unreasonable level of overshadowing

to the adjoining Property.

o The loss of outlook from the maín bedroom and ødjoining balcony of No-43A Ben

Boyd Road.

Comment

The proposal will maintain a reasonable level of view sharing from surrounding properties

including No.43A Ben Boyd Road as discussed throughout this report.

o The potentiatfor overlooking in the rear yard of no.43A Ben Boyd Road.

Comment

The proposed first floor balcony is setback greater than l0rnetres from the rear yard of No.43A

nen -noyO

Road with landscaping in between the properties and therefore unlikely to cause an

unreasonable loss of visual privacy to this property.

o The proposal is likety to result in adverse visual privacy impøcts for the main living

spaces and reør private open sp&ce of No.39 Ben Boyd Road'

Comment

The use of highlight windows and louvres will main a reasonable level of visual privacy with the

living areas of No.39 Ben Boyd Road. However, the addition of the first floor balcony may cause

overi-ooking into the rear private open space of No.39 Ben Boyd Road. A condition requiring a

privacy ,..é"n on the southem side of the balcony could be imposed which would resolve this

p.inacy issue, however it would contribute to additional overshadowing to the ground floor living

areas of this property.




PUBLIC INTEREST

The proposal is not considered to be in the public interest for the reasons provided throughout

this report.

CONCLUSION

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

Plan 2013, North Sydney Development Control Plan 2013 and the relevant State Planning

Policies.

The design and location of the main open plan living room of the adjoining property at No.39

Ben Boyd Road mean they are largely reliant on solar access through the ground floor northern

windows. The existing dwelling maintains greater than three hours of solar access to at least three

(3) of the six (6) ground floor northern windows during mid winter and the equinox. Of these

ground floor northern windows, the proposed development maintains approximately two and a

half hours of solar access to two (2) of the windows and only one and a half hours to one (1) ofthe other windows during mid winter. The non compliance with the building height and side

setback controls contribute to this level of overshadowing to this adjoining property.

Whilst the applicant has indicated that a building envelope that complied with the building height

and side setback controls would result in a greater level of overshadowing to this adjoining

property, the rear building setback and architectural detailing on both the ground and first floors

is the main contributor to this level of overshadowing to the main living areas of No. 39 Ben

Boyd Road. On balance, the level of overshadowing is considered unacceptable as only a quarter

ofthe floor area of the main living room ofNo.39 Ben Boyd Road would receive any solar access

during mid winter contrary to Council's controls.

Council's Conservation Planner considers that the proposed dormer on the front elevation willnot be compatible with the adjoining heritage listed properties. The proposed removal of this

original internal staircase is also contrary to the heritage controls which require the retention and

preservation of interior original decorative features. These aspects ofthe proposal are likely to

result in an adverse impact to significance of the heritage item.

Having regard to the provisions of SectionTgC of the Environmental Planning & Assessment

Act 1979, the application is considered to be unreasonable in the site circumstances and

recommended for refusal due adverse solar access and heritage impacts.

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, resolve to refuse development consent to Development

Application No. 84/14 for alterations and additions to the existing semi detached dwelling on

land at No.4l Ben Boyd Road, Neutral Bay, as shown on plans Drawings numbered DA01 -DAlg,DA14-DAl5 RevC,dated 16/03lz}ls,drawnbySimonRosewellPtyLtd,andreceivedby Council on 20 March 2015 for the following reasons:-


Report of Luke Donovan, Senior Assessment OfhcerRe: 4l Ben Boyd Road, Neutral Bay

Page25

1. Unreasonable solar access impacts

The proposed rear addition is likely to result in an unreasonable level of overshadowing to the

main living areas of the adjoining property.

Particulars

a) The proposed rear addition would adversely affect the residential amenity ofNo.39 Ben

Boyd Road in terms of solar access contrary to Aims of Plan 1.2(2)(c)(i) and an objective(dot point 3) of the R2 Low Density Residential zone in NSLEP 2013.

b) The Clause 4.6 written request from the applicant in relation to the non compliance withthe maximum building height control is not considered to be well founded and there are

insufficient planning grounds to justifr contravening the development standard. The non

compliance with the maximum building height control contributes to a failure to maintainsolar access to No.39 Ben Boyd Road contrary to objective a.3(1)(c) in NSLEP 2013.

c) The proposal does not provide a minimum of 3 hours of solar access (between 9am and

3pm) to the main intemal living areas ofNo.39 Ben Boyd Road during the winter solstice

contrary to Pl(b) in Part B, Section 1.3.6 in NSDCP 2013. A reasonable level of solar

amenity would not be maintained with this property contrary to 01 In Part B, Section

1.3.7 in NSDCP 2013.d) The proposed rear additions fails to comply with the minimum side setbacks and/or

'match' the rear building setback of adjoining properties as specifred within P2 and P5 inPart B, Section 1.4.6 LnNSDCP 2013 which contributes to the level of overshadowing tothe main intemal living areas of No.39 Ben Boyd Road.

2. Heritage impacts

The proposed dormer on the primary elevation and the removal of the original intemal staircase

will adversely impact to significance of the heritage item.

Particulars

a) The proposed dormer on the front elevation will adversely impact the significance oftheheritage item contraryto Aims of Plan 1.2(2)(Ð, Objective 1(b)in Clause 5.10 inNSLEP2013 and Provision 3(d) in Part B, Section l.4.ll in NSDCP 2013. There are no

approved dormers on any of the surrounding terraces within the Ben Boyd VictorianHouses Group (No's. 43,43A,45 and 47 Ben Boyd Road) that are also heritage listedproperties.

b) The proposed demolition of the original staircase is contrary to 01 and P5 in Part B,Section 13.5.5 in NSDCP 2013 which aims to ensure significant interior elements are

retained and preserved.

Luke DonovanSENIOR ASSESSMENT OFFICER

Robyn PearsonTEAM LEADER (ASSESSMENTS)

Stephen BeattieMANAGER OF DEVELOPMENT SERVICES


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ctAusE 4.6 HXEMmON(HETGHT OF BUITDINGS) PURSUANT TO

NORTFI SYDNEY tEP 2013

To Accompany a

Development APPI ication

For alterations and addition at

No.41 Ben Boyd Road, Neutral BaY

NORTH SYDNEY COUNC¡L

0 q NOV 20ltt

Clause 4,6 Êxemption:41 Ben Boyd Road Page I of 10



AK PlanningVARIATION SOUGHT

Porm!¡¡tbb llolght

pursuant to Clause 4,3(28), the maximum height of a building on land in the R2 Low Density

Residential zone, with a s¡te area of less than 230sqm (excluding the arca of any access handle,

access way or rlght of carrlagawry) must not exceed 5.5m'

lÍrtlng Hobhr

The existing building has a building height of 9.8m.

Propord Hcþht

The proposed application results in a building height of 9.8m to the rear attic roof and a maximum

of 6.6m to the new rear addition (see Flgurc I below)'

Flgurc l: Propocrd hclght ln ¡rcdon

CI.AUSE 4.6 Ð(CEP/NONS TO DA'ELOPMENT STANDARDS

The objectives pursuant to Clause 4.6 of North Sydney LEP 2013 are as follows:

"to provide an aPProPríate degree

particula r development,

in applying standards to

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Clause 4.6 Exemption:41 Ben 9oyd Road

of llexibility ceftaín develoPment

Page 2 of l0



AK Planning

b) to achievc better outcomes

circumst¿nccs'

in paûicular

Clruse 4.6(2) of North Sydncy LEP 2013 providcs th.t d.volopm.nt cons.nt mey, rubject to thir

cþu¡e, be grxrtod for development evcn though the dcvclopment would contravene a

drvclopment ¡trnd¡rd lmposed by this or any other env'lronmentrl planning ¡nstrument.

Clause 4.6(3) of North Sydney LEP 2013 also provides that devclopmcnt conscnt must not be

granted for development that contravenes a developrnent stendard unless the consênt authorlty

has considered a wrltten request from the applicant that seeks to justify the contrawntion of the

development standard. Accordingly, this written request for an exception to Clause 4.3(28) (Height

of buildings) is made in support of the proposed development for the alterations and additions to

the ex¡stlng building at No.41 Ben Boyd Road, Neutral Bay.

Cleuse 4.5 (3) further states that the written request must demonstrate the following:

compliance wÍth the development unrcasonable or unnæessaty

circumstances of the case, and

b) that therc ere sufñcient envi¡onmental plannìng grounds to justify contnvening the

development standard'

In demonstrating compliance with Clause 4,6(3)(e), the non-compliance with the numerical

requirement of the development standatd is to be considered on its merits, It is considered thet an

application may be varied if it satisfies the underlying planning objective or purpose behind that

development standard. The specific objectlves of Clause 4.3 (Height of buildings) in North Sydney

LEP 2013 are as follows:

a) 'to promote tlÊt conforms to nâtuÍel landforms, by stepping

development on sloping land to follow the natural gradlent

b) to promotc ahe rctention and, if appropriate, sharing of existing views'

c) to maíntain soler access to existing dwellings, public reserves and strcets, and to Prcmote

solar access for future development

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

Clause 4.6 Exemptlon:41 Ben Boyd Road Page I of 1O



AK Planning

new buildìngs,

e) to onsurc compatibility botwacn dcvelopmcnl pafticularly at zone boundarics,

0 to encounge an appropriale scalc end donsity oî development tñ¡t ls in æcordtncc wltñ, ¿nd

yu,motes the chera,ctct ol, ¿n ana' .

Consideration objective follows below:-

t) to p¡otttotc d16logtttoal ttra æt¡f3gnt ao tnd r¡llæ¡¡ ntfiinl þ¡tts¡tn4 fty

ttcpptng dcvç/rlpttrttt? otr Jofiri &llrd ao bnov ür. llrlal,tt l gr.dtû,,

fhc subjcct site falls gently away from the street by approximately l.Em' The proposed

dev€lopment for alterations and additions does not alter the natural landform. ¡n addition,

the proposed addition is consistent with the streetscape character and it conforms to the

natural topography.

b) lo promot th. trrlonabn and, lî tpptoPlrttc, Mng of cxlsilng vlews'

The new building elements above the building height limit, which potentialþ may imPact

on exísting views, (from the proPerty to the nofth at No. 434 Ben Boyd Road), are limited

to the first floor balcony shade structu rel pergola. The pergola to the rear Juliet balcony (as

proposed under D4194/12) has been removed and replaced with a more lightweight

structure (refer to Flguro 2 below)'

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Clause 4,6 Exemption:41 Ben Eoyd Road Page 4 of l0



AK Planning

Thr lightwcight sunshrde structure is not a solid ¡tructure. thc matcrial nominated on thc

Arch¡tcctural plrns rc steel or aluminium roctangular glazing soction nominally 50mm

wlde x 1ü)mm deep. Only the 50mm side would be visiblc from No 43a and as such will

hevc ncAligible vi¡u¡l impact The structurc dinppcers with¡n the vicw corridor, moreovcr

thc ñtt*ed vlcw ls maintained. Accordingly, th. proposcd dcvclopment allows for thr

rstention of views.

c) b m.tnøln obr tcces ao .rût ng ttu.tfinga pbilc n sru.t.rtd st olr, .ttd ao

pomob ohr tcctsfo¡ fuwn dnolo4twtÇ

it is important io noie that the height non-compliance in-itself is not directly responsible

for the overshadowing but rather the overshadowing is a factor of the "close living"

nature of terrace houses or highly wlnerable nature of the €xist¡ng development to belng

overshadowed.

the proposed flat roof form together with the reduced upper level floor plate (from thet

refused under DA194/12) ¡s a much-improved situation in terms of sunlight access and

ambient light.

The applicatlon was considered against the sunlight planning prínciples as contained within

the SEE. ln conclusion the proposed height does not unreasonably reduce sunlight to the

north facing windows to the living/dining room of No. 39 with 3.5 hours of suntight

between 9am and 3pm during the equinox (March) being retaíned.

Thc duration and quality of the sunlight received to the north facíng living room windows

is reasonable having regard for the naturc of tfie immediate arca being terrace houses or

"close'living.

¡n summary having regard for the 6 planning principles adoptcd by Senior Commissloner

Moore of the NSW Land and Environment Court in relation to Th¡ 3cnovol¡nt Soclrty v

Wworley Councll t20101 NSWTEC 1012, it is considered that the proposed rear addition

would not unreasonably diminish the sunlight to the north facing ground floor living room

windows of No.39 Ben Boyd Road. Moreover the proposal meets the intent or objectiva of

Clause 4.6 Exemptionr 41 Ben Boyd Road Page 5 of 10



AK Planning

the prcvision in that is allows for reasonable ¡ccess to sunlight whilst tha dcslgn (lncluding

a glrs etrium on the side boundrry) allows prnotrotion of light or access to ambient light

d) þ t|,,rnâtn plwcy for rúenþ ol otdút1 Jtduttgt tnd b ptoanJe prlwq l*ttddot¡lroltrr tuttfrt¡

Thcn needs to be a balancc batween mrintaln¡ng privacy for thc future residants ¡nd

ncighbours as well as reasonablc sharing of vlcws (maintaining existing visws from No. 45).

This 13 done ürough appropriate design end tùe use of a smaller or Juliet balcony off a

m¡in bedroom on the first floor, This balcony is not an entertainment spa€e with limlted

frequency of use. The balcony is setback 1m from the common/northern boundary and

1.4m from the southein boundary,

The nature of the space off a main bedroom; the size of the balcony and the separatíon

distance all contributes to providing adequate visual privacy. A privacy screen could be

installed, however such a privacy screen would potentielly impact on the view corridor' The

proposed compromise is considered as a better environmental outcome for both

properties-

The potential visual privary impacts resulting from the new first floor windows on the south

elevation of the subject dwellíng is mitigated by the installation of translucent or frosted

glazing,

Accordingly, the proposal maintains privacy for residents of existíng dwellings whilst

promoting privacy for residents of the subiect dwelling.

.) to ot üt compttblllsy boaylcen dcYoloptnna, Partlcul*ly aa ton boandarlol

to orßos¡rya n tpptoptt¡tt *do nd ceady ol dowlopøoat llnt ls ln

æorfurct vlti, md prcnotß thcchrr¡æü,t ol, tn uta.

The subject site ìs not located on a zone boundary. The cxistlng streetscape is characterised

by two storey street facades. fhe proposal would not alter the overall height of the subject

dwelling as seen from the street,

Cleuse 4.6 Exemption:41 8en Eoyd Roôd Page 6 of 10



AK Planntng

There ís no changc to the cxisting roof lorm ås se€n from thc street excePt for the additlon

of the dormer within the roofspacc. Thc proposed rcar addition would not bc visible from

the street. Duê to the nature of thc terrace houses and the "close" living environment ít

is considered rppropriate to havc ¡ flat roof owr the rear addition, in order to maintain

sunlight access to adjoining propcrtics.

The proposcd devclopment does not dominate the surroundíng propcrties þ virtue of its

bulk nor is it inconsistent with surounding developments. Precedence exists wíth existing

rear built forms all having a building height of more than 5.5m. A similar scale to adjoining

and su¡iounding dwellinEs were adopted (sae FlEurc 3).

In addition the mass on the side boundary has been broken ínto smaller elements by using

materials and finishes (glazing) and stepping the façade. This allows for visual interest

further minimízing the bulk.

Flgure 3: Exlstlngy'appronod and proposcd rcar bullt form

\

\\

I

J

I

1

I

Clâuse 4.6 Exemption: 41 Ben Boyd Road Page 7 of l0



AK Planning

Accordlngly, notwlthtendlng the non-compliancc with the numerical standard the proposed

developmcnt achicves the intcnt of the standard ¡nd thus thc objcction is well foundcd. Strict

compliancc ln the c¡rcumsttnces of this case ls unn.cossary rnd unrclsonable in ordcr to rchieve

thc spacificd intcnt of thc ¡t¡ndard.

Wl¡rt rrc lfro rnulroamrnøl y'rnnlng groundl to ¡udfy ütr rrldon?

It ¡s considered that sufficient planning grounds exist pursuant to Clause 4.6(3Xb) to just¡fy

contrevening the maximum building height standard having regard for the followingi

. Consideration of the unique context of the site being a 'close" lí'/ing, terrace gtyle

housing and not a frce standing dwellíng;

. Consistency with the scale and massing of adjoining existing developments;

. Not dominating adjoining spaces; and

. Not advercely impacting on adjoiníng development by way of overshadowing, privacy or

views.

ls thr rrqurrt wdl foundrd?

chíef justice Preston (wehbe v Pittwater council t20071 Nsw LEc 8271 expressed the view that

there are 5 different ways in which a SEPP 1 objection may be well founded and that approval of

the objection may be consistent with the aims of the policy. We consider that 'test' is equally

relevant to the evaluation of a request made pursuant to clause 4.6 of RLEP 20L2- The 5 ways

identified by the Court are:

l. "the objectives of the standatd are achievcd notwithstandíng non'complience with the

landard;

Z. The underlying oÞJective or puryose of the standard is not rclevent to the development and

thcrefore compliarrce is unnecessary;

3. lhe underlyìng object or purpose would be defeated or thwarted if complíance was required

and therefore compliance is unreasonable;

4. The development standard has been vÌrtually abandoned or desÛoyed by the Council' s

own actions ¡n grent¡ng consents depaning from the standard and hence compliance with

the standard is unnecessary and unreasonable; or

Clause 4.6 Eremptlon: 4l Ben Boyd Road Page 8 of 10



AK Planning

5. Thc zoning of the pefttcul.r ltnd ís unrusoneble or inappropriate so that a development

st¿nd¿rd appropriate for tlrt zoning is ¿lso unreuonable and unnacessery as ¡t tpplles to

ùê bnd and comptiancê wÍïh thc stand.rd would bc un¡easonablc or unnecêssaty. That 15,

tho ptriícular parccl of land should not httn berin included in the ptrticular zone' ,

As damonstrated above, thc objcctives of thr h.ight st.ndård are achicvcd by this proposrl

notwith¡t¡nding techn¡cal non-compliance with tho hright standards. Thi¡ submission l¡ thcrcfore

well foundcd, as per "test' (1) above.

ll tñe proporllln th. Publlc lnt r..(?

Subclause {4) cf clause 4.5 of RLEP 2012 requires consideration of the proposal' s consistency with

both the objectives ofthe standard, and the objectives of the zone, which apply to the site.

Consistency with objectives underpinning the standard is provided above. Considcratíon of

consistency with the objectives for the R2 Low Density Residential zone is addressed below:

a

a

The proposal maintains a cons¡stent scale with surrounding residential premíses;

The proposal has no signlficant impact on the conservation of the heritage items

and other sensitive areas; and

thä proposal result in no adverse ameníty impacts on surrounding properties

whilst providing for good internal ameniÇ for future occupants'

a

a

In this regard the minor departure from the LEP height control as proposed by this modiflcation

application would result in any outcome that would be inconsistent with the zone objectives

Matt¡r¡ of ¡t¡t¡ or rrglonrl dgnllclncr

There are no planning matters of state or regíonal significance that would result as a consequGnce

of this variation to the development standard'

Thr prHlc bm¡últor mdntdnlng tho l¡nderd

Pursuant to cese law of Ex Gratia P/L v Dungog Council (NSWLEC 148), the question that needs to

be answered is "Whether the pubtic advantages of the proposed development outweigh the

public dìsadvantages of the proposed development'

Clause 4.6 Exemptlon:41 Ben Boyd Road Paç 9 of10



AK Planning

there i¡ not public b¡ncfit in m.int ining rtrict complirnce with the dowlopmcnt standard given

that there are ng unrGåsonablo imprcts th¡t will result from the height cxclcdrnce, therefore, th¡

benefits outweigh rny disadvrntrgr rnd as such thê proposGd modiúlcrtlon to thc approved

development will h¡v¡ ¡n ovenll publlc brncflt.

coNctusroN

In this instance it is considered that the objectives of Clause 4.3 (Heíght of buildings) and Clause 4.6

(Exceptíons to development standards) in North Sydney LEP 2013 ðrê ntet by the proposed

development as:

the alterations and additions achieves a pleasant and attractive living environment for

future occupants whilst not adversely impacting on the surrounding neighbours amenit¡4

no unreasonable massing being consistent with the surrounding properties;

the proposal will result in the orderly and economic use and developmant of land pursuent

to Sect¡on S(aXii) of the EP8¿ A Act 1979 as the site is of an appropriate size, location and

land use zoning to enable the Proposcd development; and

The proposed Height of Buildings variation is considered to have sufficient planning merit

and justlficatlon as the objectlves of the planning standard are met, with the resulting

¡mpacts of the numerical non-compliance being considered to be negligible.

a

a

a

Claus€ 4,6 Exempt¡on:41 Ben Eoyd Road Page l0 of l0


north sy dney council reports · 2015-07-30 · 4. report and resolution of nsipp (6/05/2015)...

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