north sydney council · 2015-03-26 · north sydney council . council chambers . 26 march 2015 . i...

NORTH SYDNEY COUNCIL

Council Chambers 26 March 2015

I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the Council Chambers, North Sydney at 4pm on Wednesday 1 April 2015 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. WARWICK WINN GENERAL MANAGER

BUSINESS 1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 4 March 2015. (Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

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North Sydney Independent Planning Panel - 1/04/15 Page No 2

2. IPP01: 99 Walker Street, North Sydney (V) - DA 283/14

Applicant: Investa Asset Management Pty Ltd Report of Susanna Cheng, Senior Assessment Officer, 18 March 2015 The development application seeks Council’s approval for alterations and additions to podium levels to accommodate a supermarket (to trade 24 hours, 7 days), additional retail premises including a liquor store, reconfigured loading and parking areas, exterior works and associated signage. The application is reported to NSIPP for determination due to public interest by virtue of the site’s location on a prominent corner within the North Sydney CBD and proposed hours of operation. Council’s notification of the proposal has attracted four (4) submissions raising particular concerns about retail diversity, hours of operation, and parking. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The development complies with relevant development standards and the proposed increase in commercial floor space is accompanied by a deed of commitment for the payment of railway infrastructure contributions in accordance with the LEP. The supermarket is proposed to operate 24 hours, 7 days; however, it is recommended that the hours be restricted to midnight, with late trading hours subject to a 1-year trial period. This is consistent with approvals for surrounding retail developments and in accordance with the adopted Late Night DCP provisions for the CBD. Loading and unloading will be restricted to standard hours, and accessed via an existing vehicular entry in the rear lane adjoined by commercial development. The supermarket will not provide for any customer parking, which is considered reasonable in the context of the site being centrally located within the North Sydney CBD. The supermarket will be being readily accessible on foot by city residents, workers and commuters. Any proposal to provide for customer parking would require a separate DA for Council to assess the traffic impacts associated with a supermarket servicing a wider catchment. Existing on-site parking within the basement levels exceed the DCP rates and currently over-provide for commercial and retail users within the site. The proposed conversion of part of an existing parking level to provide for loading and servicing facilities will provide amenity for the new retail uses and reduce the extent of car parking non-compliance. The development will not impact on the continued operation of an existing public car park within the site. The continued use of the public car park is a matter for Council’s compliance section and should not fetter the proposed redevelopment of the site in accordance with Council’s policies. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development


Application No. 283/14 for alterations and additions to podium levels to accommodate a supermarket, additional retail including a liquor store, reconfigured loading and parking areas, exterior works and associated signage, subject to the attached standard conditions and following site specific conditions: No retail parking A4. No approval for any retail car parking within any part of the building/site is granted or implied under this consent. The following measures must be installed and/or implemented in order to ensure compliance: (a) The lift in the north western corner of the site that services the ground and B1 levels (indicated as retail lift “9” & “G” on the drawings) shall not be used by retail customers. Any use of the lift is to be by staff only and signposted to this effect. An electronic access control system shall be installed and implemented at all times to allow staff access only to the lift. (b) Trolley bays shall not be installed or provided on any basement level of the building. (c) The proposed sign (“sign 3”) above the car park entry on Little Walker Street shall be amended so as to read “Coles Deliveries Only – No Customer Parking”, affixed/installed prior to the issue of an Occupation Certificate, and displayed at all times. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To ensure basement is not used as retail car park) Separate DA for car park A5. A separate development application is to be lodged for use and/or operation of the site for the purpose of any of the following: (a) Public car park; (b) Car park for supermarket customers; and (c) Any retail car parking. Note

(Reason: To allow for proper assessment of use of the car park)

: Any such application is to be accompanied by detailed analysis of traffic generation, impact on on-street parking, on-site parking allocations to commercial and retail users, management of commercial and retail users, access restrictions, method of proof of supermarket patronage, as relevant)

Food premises A6. A separate development application is to be lodged for use and fitout of the new and/or refurbished retail tenancies 2, 4 and/or 5, for any food premises. The application shall address the following: (a) Compliance with Australian Standard AS4674 and the Building Code of Australia; (b) Any requirement for a grease trap and compliance with the requirements of Sydney Water; (c) Any requirement for mechanical exhaust ventilation and compliance with Australian Standard AS1668; (d) Noise from any proposed plant and hours of operation. (Reason: To allow for proper assessment of future use and to ensure compliance with health and planning policies)


Car park design (RMS requirements) C25. The car park must comply with the following: (a) The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS2890.1-2004 and AS2890.2-2002 for heavy vehicle usage. (b) The swept path of the longest vehicle (including garbage trucks) entering and exiting the subject site, as well as manouevrability through the site, shall be in accordance with AUSTROADS. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Requirements of statutory authority) Motorcycle parking C26. A minimum of twenty-three (23) motorcycle parking spaces, or one motorcycle parking space per ten car spaces, shall be provided within the basement car parking level(s). Each motorcycle parking space must have minimum dimensions of 1.2m x 3m. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Adequate provision of motorcycle parking) Clear glazing C27. The “colourback” application to the window glazing on the north eastern corner of the supermarket on ground level shall be limited to up to 1.1m above the finished floor level. The glazing is to be transparent and visually permeable above 1.1m. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Visual permeability and streetscape amenity) Signage C28. The signage is to comply with the following: (a) Awning fascia signs 1 & 2 are to be comprised of backlit individual lettering and/or logo. No approval is granted or implied for illuminated lightboxes on the awning fascia(s). (b) Underawning signs 4 & 5 are to be slimline lightboxes with a maximum profile 450mm. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Streetscape character and amenity) Crime prevention – Systems C29. The following requirements of the NSW Police shall be installed, maintained and/or implemented at all times during the operation of the premises:


(a) An electronic surveillance system shall be installed to provide maximum surveillance of all areas of the business including entry/exits, service areas, corridors and areas where cash is either kept or handled. The system is to be capable of recording high-quality images of events. The recording equipment shall be locked away to reduce the likelihood of tampering. Monitors are to be placed in the store/office areas to allow staff to view all areas under camera surveillance; (b) An intruder alarm system should be designed and installed to the Australian Standard – Domestic & Commercial Alarm Systems to enhance the physical security of the premises; (c) Appropriate signage shall be erected inside and around the perimeter of the property to warn of security treatments in place (e.g., "This site is under 24 hour video surveillance”); (d) The business name along with the street number should be clearly displayed and visible from the street; (e) Doors should be of solid construction, and shall be fitted with quality deadlock sets that comply with the Building Code of Australia and Australian Standards – Lock Sets AS 4145; (f) Windows within the business shall be of solid construction. These windows should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS 4145. Glass within doors and windows shall be reinforced to restrict unauthorised access. The glass may be fitted with a shatter-resistant film or laminated to withstand physical attacks; (g) The front window shall remain free of clutter and promotional material so as not to restrict sightlines into and out of the premises; (h) Lighting in and around the development shall comply with Australian Standard AS 1158 and provide for adequate, uniform illumination. Any external lighting shall be of a “white light” source. Note that high or low pressure sodium “orange” lighting is not compatible with quality surveillance systems. Lighting shall be controlled from “Staff only” areas, away from public access. lf this is not possible, tamper-resistant switches are to be used. Luminaires (light covers) shall be designed to reduce opportunities for malicious damage. Internal after-hours security lighting shall provide adequate illumination to allow inspection by security patrols; In relation to the licensed premises (liquor store)(i) An In Venue CCTV system shall be operated in accordance with the Policies and Standards approved by the Director of Liquor and Gaming. The position of all surveillance cameras shall be made in consultation and agreement with the Commander, Harbourside Local Area Command or his or her delegate;

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(j) All video equipment and cameras shall be of superior quality so as to facilitate identification of patrons, offenders and incidents occurring in and around the licensed premises. Each surveillance camera shall record at a minimum rate of ten (10) frames per second at a resolution of at least 640 pixels by 480 lines/pixels (refer to Licensed Premise CCTV Minimum Standards – Alcohol & Licensing Enforcement Command (AELC) available from NSW Police); (Reason: Crime prevention and amenity)


Energy efficient lighting C30. Any illuminated signage is to use LED or other energy-efficient technology. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Energy efficiency) Service adjustments E19. 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 Developer’s 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) Sustainable travel plan (supermarket) G9. A sustainable travel plan, prepared by a qualified traffic consultant or engineer, is to be submitted to Council for approval prior to the issue of the Occupation Certificate. The Plan is to encourage the use of active and/or non-private vehicle transport modes by the staff and customers of the supermarket, and must include the following: a) Preparation, printing and distribution of Transport Access Guide(s) for supermarket staff and customers. The Transport Access Guide is to be prepared by a suitably qualified sustainable transport consultant in accordance with examples available at: http://www.northsydney.nsw.gov.au/Projects_Infrastructure/Major_Projects/Woolworths_Alexander_St_car_park_Redevelopment; b) A description of the location in context of alternative modes of transport and objectives for the sustainable travel plan; c) A designated “manager” or “champion” responsible for coordination and implementation of the sustainable travel plan; d) Staff “welcome packs” including provision of public transport maps, timetables and/or real time information of nearby services (including train, buses, ferries, cycling and walking routes); f) Staff travel allowances as part of salary packages to encourage public transport use (where practicable); g) Full details of other possible incentives and how they will be implemented; h) Details of bicycle parking facilities within the site and bicycle routes; i) Outline of sustainable travel plan funding (as relevant) and management responsibilities, including ongoing monitoring and review; j) Details of annual reporting (as relevant); and k) Provisions for review of the Green Travel Plan annually. (Reason: To minimise motor traffic generation and car parking demand) Operation of the Loading Dock I18. The operation of the loading dock is to be limited to the hours of 6am to 10pm on any given day of the week. The loading dock is not to receive or release vehicles during the hours of 10pm to 6am.

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Activities may be conducted within the enclosed loading dock area between the hours of 10pm and 6am provided a solid imperforate roller door is installed to the loading dock and is closed between 10am and 6am. (Reason: To maintain an appropriate level of amenity for adjoining land uses) Crime prevention - Management I19. The following requirements of the NSW Police are to be installed and/or implemented: (a) All security systems, devices and other measures required to be installed by this consent shall be installed, maintained, operated, implemented and/or monitored at all times; (b) All “Staff only” areas shall be clearly marked as such and physical barriers such as doors and gates are to be erected to prevent unauthorised entry; (c) An efficient and secure Cash Collection and Storage system shall be implemented to minimise the risk of robbery offences and should include a safe designed and installed to the Australian Standards; (d) Staff shall be provided with a secure area in which to store their personal effects whilst working; (e) An emergency control and evacuation plan shall be implemented within the business. Management and staff shall be trained in the execution of the plan in emergency situations; and (f) An employer shall ensure the health, safety and welfare at work of all the employees of the employer, in accordance with relevant legislation; and (g) An employer shall ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer's undertaking while they are at the employer's place of work. In relation to the licensed premises (liquor store)(k) The business authorised by the liquor licence shall not operate with a greater overall level of social impact on the wellbeing of the local and broader community than that which would be reasonably expected from the information contained in the Community lmpact Statement, application and other information submitted in the process of obtaining the liquor licence;

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(l) The licensee must join and be an active participant in the local liquor accord; (m) The licensee shall ensure compliance with the Management Policies and Strategies and House Policy Documents lodged with the lndependent Liquor and Gaming Authority and shall provide to the Authority copies of those documents as they are developed or updated from time to time. (Reason: Crime prevention) Shopfronts to be kept clear I20. In order to maintain visibility to the shop interior, the area of any external glazing including all retail shopfronts 1.1m above finished floor level, must not be obscured by any of the following: (a) signage, other than approved or exempt signs; (b) advertising displays, posters, painted signs, or decals that are fixed internally or externally to the shopfront; (c) any opaque or semi-opaque application to glazing such as “colourback” and the like; (d) video screens or the like;


(e) shelving, racks, refrigeration units or the like at a height of 1.5m above finished floor level, except as otherwise indicated on approved drawings; (f) blinds, curtains or the like. A separate development application is to be lodged for any such signs or devices, except for exempt and complying development. (Reason: To minimise visual clutter and maximise streetscape activation) Signage content I21. Signage content must relate to the use of the tenancy and products sold therein, and any advertising material must comply with the Code of Ethics of the Australian Association of National Advertisers and Outdoor Media Association. In particular, the content and materials must: (a) The signs approved in this consent must be business identification signs that relate only to tenant(s) in the building, and must not include any general advertising; (b) The content of underawning signs must relate to retail use of the site; (c) The advertising of alcohol products is not permitted, unless those products are sold on the subject premises, and the content must not encourage unlawful purchase, excessive consumption of alcohol or promote anti-social behaviour. (Reason: To mimimise visual clutter, ensure that signage relates to land use, and to minimise the social impact of advertising in the public interest) Vehicles to enter and exit in forward direction I22. All vehicles, including vans, delivery vehicles and garbage collection vehicles must enter and exit the site in a forwards direction and involve a single manoeuvre only into or out of the driveway. Building management and/or the logistics manager must ensure only suitable vehicles and to ensure compliance with this requirement. If this is not possible then use of the driveway shall cease until such time as an Operational Transport Management Plan, prepared by a qualified and practising traffic consultant or engineer, indicating how the loading dock will operate safely and effectively, giving priority to pedestrians, is submitted to and approved by Council. (Reason: Road safety and efficiency) Ongoing sustainable travel management I23. The Sustainable Travel Plan, as approved by Council, shall be maintained and/or implemented at all times during the operation of the supermarket. (Reason: To minimise parking and traffic impacts)

3. IPP02: 88 Walker Street, North Sydney (V) - DA 430/14

Applicant: Macly Assets Pty Ltd Report of Susanna Cheng, Senior Assessment Officer, 19 March 2015 The development is for change of use of a commercial office building to a tourist hotel and associated works. The application is reported to NSIPP for determination due to public interest by virtue of the substantial change of use and character of the building, and 24-hour operation of the hotel. The development complies with relevant development standards in relation to building height and overshadowing in North Sydney Centre. The proposal does not result in a net increase in floor area and the existing building


envelope will generally be maintained. The proposed facade treatment, including planters and building identification signage, is compatible with the building and streetscape. The proposed parking provision complies with DCP rates. The reduction in on-site parking is acceptable to Council’s Traffic Operations Manager, subject to conditions requiring provision of pick-up and drop-off zones within the on-site car park. The proposed hours of operation are considered appropriate for a tourist hotel and consistent with the adopted Late Night Trading DCP provisions for the CBD. The proposal includes security measures including access control and electronic surveillance measures. Conditions are recommended to restrict the use of the level 9 communal terrace, including 10pm closure and no alcohol service or consumption in this location. Council’s notification of the proposal has attracted one (1) submission raising particular concerns about the treatment of boundary openings and potential impacts on the continued operation of existing licensed premises adjoining the site. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The change of use of the office building to a tourist hotel will not unreasonably impact on the continued operation of the adjoining licensed premises (Firehouse Hotel) or the redevelopment potential of that site by reason of any reliance on existing boundary openings. Provided the Firehouse Hotel operates within its conditions of consent, noise from the premises would be at a satisfactory level at the boundary with the subject site. The change in use of No.88 Walker Street from an office building to a Hotel does not alter the noise emission criteria of the Firehouse Hotel. The hotel has been designed so that the hotel rooms do not rely on the existing windows on the southern boundary for light or ventilation amenity; in particular, those guest rooms centrally located within the floorplate will receive adequate amenity by means of a new lightwell, independent of boundary openings. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 430/14 for the change of use and alterations and additions to existing commercial office building for the purposes of providing new tourist hotel accommodation as Lloyds Hotel on land at 88 Walker Street, North Sydney subject to the attached standard conditions and following site specific conditions:- Ausgrid A5. The development shall comply with the following requirements of Ausgrid: (a) During the course of building demolition and new building construction, the developer must not interfere with the operations of substation S5865, i.e., the substation must maintain supply to Building A and Ausgrid will be able to


perform necessary work on the substation at any time. In addition, the existing space clearances around S5865 must be maintained including the space above the substation. (b) The location of and the existing space clearances around S5865 shall remain unchanged at the completion of the new building. Should the developer wish to relocate the substation, please contact our Contestable Connections Manager (Mr. Cedric Halforty) on 02 9585 5663. (c) The surface levels over existing underground cables in Walker Street, Spring Street and Little Spring Street must not be altered without permission from Ausgrid. If the existing levels (footway or roadway) are to be lowered, the developer should contact our Mr. Halforty to determine whether or not relocation/lowering of existing underground cables will be required in this vicinity. (d) The new development will alter the maximum demand of electricity and the connection to the new building. The developer shall submit a formal Connection Application detailing the new electricity connection requirements. The submission is to be made as early as possible to avoid supply issues to the building. The supply arrangements to the development will be confirmed upon receipt of the Connection Application. (Reason: To ensure electricity supply is maintained to Ausgrid requirements) Landscaping Plan A6. All planter boxes, including cantilevered and recessed boxes, and those on the podium, as shown in the landscape plans numbered DA-1421-01(C), DA-1421-02(C) and DA-1421-03(C) prepared by Sturt Noble Associates dated 26/11/14 and received by Council on 4/12/14, shall be designed such that any drainage therefrom is connected to internal drainage systems within the site. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To ensure adequate drainage and façade upkeep) Separate DA for food premises A7. A separate development application is to be lodged for any food premises, including commercial kitchen(s), food preparation and/or cooking facilities. (Reason: To ensure food safety and adequate provision for ventilation and waste) Awning to Walker Street to extend full site frontage A8. The proposed awning to the Walker Street frontage is to be extended to the north & south of the main entry awning to provide for continuous weather protection and refuge to the site frontage. The extended awning sections to the north & south must have a low-profile and constructed of either glass or other light-weight material. Plans detailing the final design of the required awning must be submitted and approved by the Certifying Authority prior to the issue of the Construction Certificate. (Reason: To provide continuous weather protection and refuge for the entire site frontage as required by the Area Character Statement whilst preserving the architectural integrity of the hotel design)


Outdoor lighting (Little Spring Street) C33. The lighting levels on Little Spring Street, adjacent to the site, shall be upgraded in accordance with AS1158, North Sydney Public Domain Design Manual and Ausgrid codes of practice. Details demonstrating compliance with these requirements 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. All costs associated with the design, construction and installation/upgrade of outdoor lighting shall be borne by the developer/applicant and at no cost to Council. (Reason: Public safety and amenity) Taxi pick-up/drop-off zone C34. A minimum of one (1) and up to 2 (two) off-street parking spaces within the site shall be converted to a Taxi Drop Off and Pick Up zone. Taxi drivers/operators and hotel guests must be advised that taxi drop offs and pick ups are to occur on-site rather than on the street. Details demonstrating compliance with these requirements 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: Traffic amenity and safety) Electronic safety and security measures C35. The following safety and security systems are to be installed and maintained at all times: (c) Electronic surveillance / CCTV system; and (d) Security keycard or other appropriate electronic access control system; The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Safety and amenity) Service adjustments E24. 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) Landscape management plan G14. A landscape management plan must be prepared by a suitably qualified landscape consultant or horticulturist outlining the proposed means of managing the approved landscaping, on an ongoing basis, is to be submitted to the Certifying Authority prior to the issue of the Occupation Certificate. The required landscape management plan is to be adhered to at all times. (Reason: To provide for and ensure the ongoing quality of the approved landscaping)


Amended Hotel Plan of Management to be prepared G15. An amended Hotel plan of management must be prepared reflecting the operational and ongoing requirements of this consent. The plan of management must reflect the commitments included in the Hotel Management Plan prepared by Macly Assets Pty Ltd, submitted with the development application, received by Council on 4 December 2014 and referred to in Condition A1 of this consent. The amended plan of management is to be submitted to Council and approved in writing prior to the issue of the Occupation Certificate. (Reason: To ensure ongoing management of the hotel in accordance with the consent conditions) Maximum period of stay I10. The maximum period of stay shall be no more than 13 consecutive weeks. (Reason: To ensure use as tourist/temporary accommodation) Use of roof terrace I11. The east terrace on level 9 shall be used in accordance with the following: (a) The terrace shall be used only by hotel guests and staff; (b) Access to the terrace shall be restricted by way of key or card access only; (c) Use of the terrace shall be limited to 6am to 10pm daily. (Reason: Safety and amenity) On-site parking I12. The car park on level 1 shall be used only in association with the approved use, including by hotel staff and guests, for taxi pick-up/drop-offs, and loading/unloading, waste collection. (Reason: Parking and traffic amenity) Water consumption management plan I13. A water consumption management plan shall be prepared and approved by the Certifying Authority prior to issue of an Occupation Certificate. The plan is to include water efficient irrigation/watering systems and controls to maintain plantings on the building facade. The water consumption management plan shall be implemented at all times. (Reason: Water conservation) Sustainable travel plan I14. A sustainable travel plan must be prepared in accordance with North Sydney Development Control Plan 2013 and submitted for the approval of Council’s Sustainable Transport Project Coordinator prior to the issue of an Occupation Certificate. The green travel plan must include a Transport Access Guide specific to the hotel and be reviewed and updated every 2 years. The Transport Access Guide shall be made available at the lobby/reception and reprinted/replenished as required (when there are no more left). (Reason: To minimise motor traffic and associated pollution and resource use) Compliance with Hotel Plan of Management I15. The Hotel must at all times be operated in accordance with the requirements of this consent and the amended plan of management required by condition G15. A copy of the approved plan of management must be kept on the premises at all times and all staff are to be trained in the operational requirements of this consent and the approved plan of management.


(Reason: To ensure ongoing management of the hotel in accordance with the consent conditions)

4. IPP03: 2/32 High Street, North Sydney (V) - DA 202/14 Applicant: Romeo Computer Aided Design Report of Natalie Moore, Assessment Officer, 20 March 2015 This development application seeks approval for alterations and additions to an existing residential flat building at No. 32 High Street, North Sydney, including removal of the existing common laundry and privatisation of a portion of the communal rear yard. The application is referred to the North Sydney Independent Planning Panel for determination at the request of Councillors Beregi, Baker and Reymond. Notification of the application attracted one (1) submission from the owner of Unit 4 raising concern about the removal of the common laundry and adequacy of the proposed laundry for Unit 4 beneath the staircase, as well as the loss of communal open space within the rear yard. The laundry for Unit 4 would be located under the stairs to the upper level and within the common hallway to Unit 2 and the rear garden. Whilst the area in which the laundry would be located is limited, the laundry is capable of achieving compliance with the BCA and to accommodate the necessary laundry facilities (combined washer/dryer, tub) albeit smaller models. The privatisation of a portion of the rear yard, for the exclusive use Unit 2, is likely to have a material impact upon equal access to sunlight for all residents of the building. To ensure that a reasonable amenity is maintained for all residents within the building, it is recommended that this courtyard be reduced in overall size to 9m2. Following assessment of the application, the proposed development, as amended, is considered to be reasonable and justifiable in the circumstances, and the application is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority grant consent to Development Application No. 426/14 for alterations and additions to No. 32 High Street, North Sydney, subject to the attached standard conditions and following site specific conditions:- Unit 4 Laundry Facility A4. The proposed laundry facility for Unit 4, as shown on the stamped plan titled Drawing Number A-02 Revision D, shall be constructed and operational prior to the commencement of the remainder of the works as approved under this application. (Reason: To ensure Unit 4 retains access to on-site laundry facilities at all times) Pergola over the Private Courtyard C1. The proposed pergola over the private courtyard shall remain as an open structure and shall not be roofed. 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 clarify terms of the consent and retain a compliant level of site coverage at the site) Size of Private Courtyard C2. The private courtyard directly of Unit 2 shall be reduced in size by 2.5 metres to the south as shown in red on the approved plans. 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 a reasonable level of amenity and access to sunlight is provided for all residents of the building) Deck within the Private Courtyard C3. The deck within the private courtyard is to be deleted and replaced with soft landscaping consisting of either grass or porous stepping stone pavers with plantings between the pavers, as shown in red on the approved plans. 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 a reasonable level of soft landscaping is provided at the site) Update to Strata By-Laws G1. Prior to any Occupation Certificate being issued, a new bi-law must be created stipulating that the laundry facility beneath the stair case is for the sole use of Unit 4. (Reason: To ensure that the approved laundry facilities are for the sole use of Unit 4)

5. IPP04: 1 Bay View Street, Lavender Bay (V) - DA 379/14 Applicant: A Total Concept Landscape Architects, Report of Jonathan Archibald, 23 March 2015 This development application seeks Council’s approval for Landscape Works, Construction of new Pool Fencing and Barbeque Area to Common Property of an existing Residential Flat Building at 1 Bay View Street, Lavender Bay (SP16307). The application is reported to NSIPP as the proposal attracted a number of submissions during the notification period, requiring determination by the North Sydney Independent Planning Panel. The application was required to be notified during the period 7 November 2014 to 21 November 2014, pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period Council received six (6) individual submissions from three (3) separate properties, with concerns relating to validity of owners consent, loss of privacy, protection of existing


vegetation, hours of use of the proposed barbeque area, lack of soft landscaping and pool fencing detail. Revised plans submitted to Council on 13 February 2015were re-notified to objecting parties during the period 27 February 2015 to 13 March 2015. During this period a further six (6) submissions were received from two (2) separate properties, with ongoing concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping and boundary fencing detail. The Panel is advised that the application has been submitted with the required Strata Seal and is considered to be valid owners consent. The application has been lodged lawfully in accordance with the NSW Environmental Planning and Assessment Regulation 2000, and contains sufficient information in order to undertake a full and proper assessment of the application. With regard to concerns relating to amenity, the application has been assessed against the North Sydney Development Control Plan 2013, and is considered to be acceptable under the circumstances and will not result in any material view loss, loss of privacy, reduction in security or loss of residential amenity. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the Consent Authority, grant consent to Development Application No. 437/14 for the Landscape Works and Construction of Pool Fencing to the Existing Residential Flat Building at 1 Bay View Street, McMahons Point, subject to the attached standard and following site specific conditions: Works to be Within Common Property A4. All works referred to within this consent, and shown on approved plans must be located wholly within common property at the site. No consent is granted nor implied for any works outside of areas of common property at the site. (Reason: To clarify the terms of this Consent) Protection of Trees C11. The following tree(s) are required to be protected and retained as part of the development consent in accordance with AS 4970-2009 – Protection of trees on development sites: Tree Location Height Canary Island Date Palm Tree (Phoenix Cananensis)

Northern Property Boundary

>8m

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.


Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition. (Reason: Protection of existing environmental and community assets) Protection of Trees E20. All trees required to be retained, as part of this consent must be protected from any damage during construction works in accordance with AS4970-2009. All tree protection measures specified within this consent must be implemented for the duration of the works. In the event that any tree required to be retained is damaged during works on the site, notice of the damage must be given to Council forthwith. Notes: 1) If the nominated tree is damaged to a significant degree or removed from the site without prior written approval being obtained from Council, the issuing of fines or legal proceedings may be commenced for failure to comply with the conditions of this consent. 2) An application to modify this consent pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 will be required to address the non-compliance with any of the conditions of consent relating to the retention of nominated trees, and Council may require tree replenishment. (Reason: Protection of existing environmental infrastructure and community assets)

6. IPP05: 3 Bay View Street, Lavender Bay (V) - DA 215/14

Applicant: Tobias Partners Report of Susanna Cheng, Senior Assessment Officer, 23 March 2015 The development application seeks Council’s approval for substantial alterations and additions to create a new dwelling, including landscaping, drainage and associated works. The application is reported to NSIPP for determination due to variation to Council’s controls relating to Building Height and public submissions. The maximum Building Height for the site is 8.5m pursuant to clause 4.3 of NSLEP 2013. The proposed variations are largely attributable to the extension of an existing non-compliant main ridge and a rear flat roof, being up to 10.8m (27%) at the rear roof gable and 9.2m (8.2%) at the level 5 balcony balustrade. Council’s notification of the DA attracted seven (7) submissions raising particular concerns about building envelope, view loss, overshadowing, privacy, landscaping, excavation, foreshore access. The submitters’ concerns have been assessed in relation to the relevant controls and addressed in this report. The proposed Building Height will not result in excessive bulk and scale and the development will be comparable in scale to surrounding foreshore development. The existing main gable ridge height will be maintained and not extend beyond the existing rear building line. The dwelling will conform to the topography, stepping down in height toward the foreshore. The development will not result in any material adverse impacts arising from the proposed Building Height variation, with the exception of the outermost


balcony on level 5 which is uncharacteristic and will present a moderate privacy impact. It is recommended that this balcony be deleted by condition. The proposal seeks approval for departure from Council’s site coverage provision which is attributable to single-storey parts of the dwelling that will be adequately set back from the boundaries and not give rise to any material amenity impacts. The marginal increase in site coverage of 6.3% over a site area of 959m2, and over steep terrain, is considered to be reasonable in the circumstances and comparable to adjoining foreshore properties. The increased site coverage will be adequately compensated for by the provision of a large non-trafficable green roof that will maintain the landscaped terrace character and amenity of the site. The proposed landscaping will break down and soften the built form while maintaining surrounding view amenity. The view impacts arising from the development are largely attributable to a height-compliant garage and are assessed to be reasonable. Eight of the nine neighbouring properties assessed will have negligible to minor view impacts. The one property assessed as having moderate view impacts will be capable of maintaining a high level of view amenity despite the development. The proposed shadow impacts are assessed to be reasonable, with affected dwellings in the adjoining apartment building generally maintaining adequate midwinter solar access. The most impacted unit is located below street level at the side/rear of the adjoining property, relying on solar access across a side boundary. However, it is considered unreasonable to fetter the proposed development generally in accordance with policy objectives, in order to maintain the existing amenity of the low level unit. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: 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, assume the concurrence of the Director General to the provisoins of clause 4.3 (building height) of North Sydney LEP 2013 and grant consent to Development Application No. 215/14 for substantial alterations and additions to create a new dwelling, including landscaping, drainage and associated works, subject to the attached standard conditions and following site specific conditions: Ausgrid C1. The development is to comply with the Ausgrid’s Network Standard NS141. In particular, the following clearances shall be adhered to: (a) Clearance of 3 metres from the substation to any glass windows or panels on the building; (b) Clearance of 6 metres from the substation to any building ventilation inlets/outlets; and (c) Any portion of the building within 3 metres of the substation must have an FRL of 120/120/120. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To protect public utility asset)


Protection of seawall C2. The seawall and adjacent crane fixture within the site shall be protected at all times, including during demolition, excavation and construction works. A photographic survey and dilapidation report of the seawall on the foreshore of the subject site and the crane fixture 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. 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. Note: The dilapidation report is for record keeping purposes and will be used to identify any damage to the seawall required to be repaired as a condition of this consent. (Reason: Heritage conservation) Pedestrian entry at Bay View Street C3. The pedestrian entry and side passage to the dwelling shall be visually permeable so as to enable slot views to Sydney Harbour from Bay View Street. The steel entry gate must provide a minimum aperture of 50mm between the vertical elements and the landing window to the east garage elevation is to consist of clear glazing or remain open. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Streetscape amenity) Delete eastern accessible deck on level L.05 C4. The open deck on level L.05 indicated as “Accessible Deck” in drawing DA.02 (C) L.05 Garage & Attic Plan, prepared by Tobias Partners shall be deleted. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Minimise privacy impacts) Additional landscaping C5. An additional 22m2 of soft landscape area shall be provided on the site. The plantings are to be accommodated at the perimeter of the level 2 outdoor deck and/or adjacent the pool deck, or in an alternative suitable location on the advice of a landscape architect. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: Landscape amenity) Service adjustments E1. 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)

7. IPP06: 61 Blues Point Road, McMahons Point (V) - DA 411/14 Applicant: Collard Maxwell Architects Report of Jonathan Archibald, 17 March 2015 This development application seeks Council’s approval for Alterations and Additions to the Existing Attached Dwelling at 61 Blues Point Road, McMahons Point. The application is reported to NSIPP as the proposed works breach the permissible height limit of 8.5m pursuant to clause 4.3(2) of the NSLEP 2013. The noncompliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Infrastructure. The application was notified during the period 5 December 2014 to 19 December 2014 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period three (3) submissions were received with concerns relating to bulk and scale, heritage impacts, privacy matters, submitted survey being outdated and clarification of works along the northern (side) boundary. Following submission of revised plans to Council on 13 February 2015, the application was re-notified to initial submitters during the period 23 February 2015 to 9 March 2015. During this period one (1) additional submission was received, with ongoing concerns relating to visual privacy and residential amenity. The site and existing dwelling is located within McMahons Point South Conservation Area and is identified as being a Contributory Heritage Item. The proposal has been referred to Council’s Heritage Officer, who responded in support of the proposal subject to the imposition of conditions. The proposed variation to the building height at the rear of the site is considered acceptable in the circumstances as the proposal is responsive to the topography of the site, located below and behind the existing roof line is consistent with surrounding development patterns and would not result in any unreasonable impact or loss of residential amenity to adjoining properties. Proposed works do not materially alter presentation of the dwelling within the streetscape while increasing amenity of the occupants of the dwelling. During assessment of the application concern has been raised regarding visual privacy impacts from the proposed balcony component to dwellings to the east of the site, fronting Middle Street, McMahons Point. This balcony component is not supported by Council on the grounds it would result in direct lines of site and unreasonable privacy impacts to adjoining properties, not otherwise present by the existing skylight arrangement, and would result in a built form contrary to objectives and provisions contained within Part B Section 1.3.10 of the North Sydney Development Control Plan 2013. Accordingly, it is recommended that this component be deleted by condition. The proposal is assessed as being otherwise satisfactory against Council’s applicable planning controls.


Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions. Recommending: 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, as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for height, grant consent to Development Application No. 411/14 for the proposed alterations and additions to the existing dwelling, being subject to deletion of the proposed balcony component via imposition of condition, at 61 Blues Point Road, McMahons Point, subject to the attached standard and site-specific conditions. No Approval to Attic Level Balcony A4. No approval is granted nor implied for the attic level balcony, accessible via bedroom numbered four (4) as indicated in red on the approved plans. Revised plans showing deletion of this component and retention of the existing skylight must be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate. (Reason: To maintain visual privacy between properties) Timber weatherboard cladding C9. All external cladding, including to the front and side walls of the dormers and the rear addition, must be natural timber weatherboard, or 16mm composite boards with traditional profile and deep shadowlines, with paint finish. No approval is given for bibre cement or non-traditional profile cladding.Details demonstrating compliance with this condition must be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate. (Reason: To ensure the use of materials characteristic to the conservation area) Timber framed windows and doors C10. All new windows and extrenal doors are to be timber framed with paint finish. the windows to the front dormers and upper level rear elevation are to be double hung windows. Details demonstrating compliance with this condition must be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate. (Reason: To ensure the use of materials characteristic to the conservation area) Roof Sheeting C11. New roof sheeting is to be colorbond corrugated metal sheet with profile and colour to match existing. Details demonstrating compliance with this condition must be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate. (Reason: To ensure the use of materials characteristic to the conservation area) Landscaping


G29. The landscaping shown in the approved Landscape Plan numbered DA-0, Revision A prepared by Collard Maxwell Architects, received by Council on 21 November 2014 must be completed prior to the issue of any Occupation Certificate. These works must also include partial demolition of the existing carport, as indicated on the approved First Floor Plan numbered DA-03, Revision B, prepared by Collard Maxwell Architects, received by Council on 13 February 2015, with this area to be replaced with suitable soft landscaping. (Reason: To ensure compliance)

8. IPP07: 220 West Street, Crows Nest (W) - DA 281/14 (S.82A Review

Request No.1/15)

Applicant: Barking Mad Pty Ltd Report of Geoff Mossemenear, Executive Planner, 19 March 2015 Development Application 281/14 was lodged on 27 August 2014 seeking approval for a Dog Grooming Business. The development application was notified from 12 September 2014 to 26 September 2014. During this period the application received eighteen (18) individual submissions objecting to the proposal, and two petitions, containing a total seventy two (72) signatures. No submissions were received in support of the proposal. At the end of the notification period, Council received additional four (4) submissions objecting to the proposal. The application was reported to the North Sydney Independent Planning Panel at its meeting of 5 November 2014. The Council Officer’s recommendation for refusal on residential amenity grounds and non compliance with the zone objectives was endorsed by the Panel. The Panel however did not concur with the refusal on the grounds of permissibility (Reason 1) which was deleted. The applicant’s request for a 12 month trial was also not supported due to the lack of detail and documentation to support the development application and the uncertainty that may be created. The applicant is seeking a review of the determination to refuse the development application No.281/14 involving the Change of Use from Office Premises to a Dog Grooming Business. Council’s notification of the request for reconsideration has attracted 10 submissions and 2 petitions raising particular concerns about amenity, noise, odour, traffic, parking, suitability of site and zone objectives. This assessment of the proposal for the purpose of Council’s review has been carried out on the basis of a consideration of the grounds for refusal of the original application, evaluated against Council’s planning controls, the merits of the proposal, the concerns raised by submitters and the documentation submitted by the applicant in support of the Section 82A review request. The Panels charter provides that Section 82A Reviews of the decisions made by the panel, be ultimately determined by the panel. Internal processes dictate that this review is undertaken by persons not directly involved in the original assessment. It is recommended that the Panel re-affirm the decision to refuse the application. Recommending:


THAT the North Sydney Independent Planning Panel re-affirms its previous decision to refuse development application No.281/14, for the reasons indicated in Council’s notice of determination.

9. IPP08: 3 Amherst Street, Cammeray (T) - DA 382/14

Applicant: Brenham Pty Ltd Report of Luke Donovan, Senior Assessment Officer, 24 March 2015 This development application seeks NSIPP approval to use the existing premises listed on the State Heritage Register as a childcare centre for 80 children with hours of operation 7.30am to 6pm (Monday to Friday) on land at No. 3 Amherst Street, Cammeray. The application is referred to the North Sydney Independent Planning Panel for determination at the request of Mayor Gibson and Councillor Bevan. Council’s notification of the original proposal attracted 86 submissions and a petition containing a total of 121 signatures against the application. The submissions raised particular concerns about the lack of on-site car parking, detrimental heritage impacts, the suitability of the site for a child care centre, safety issues for children and adverse acoustic impacts for surrounding properties. The proposal requires significant intrusive works to the building and to the front garden for the drop off/pick up zone causing a detrimental impact on the significance of the building and its setting. Council’s Conservation Planner considers that the required works to the building to comply with the Building Code of Australia and Disability (Access to Premises) Standard will result in a significant loss of the original fabric of the building. Council’s Manager of Traffic and Transport Operation has raised concerns about the drop off/pick up area that is likely to lead to cars queuing in Tarella Place and Amherst Street causing traffic problems in the area having a detrimental impact upon the amenity of the surrounding properties in particular the properties that benefit from access over Tarella Place. Council’s Manager of Community Development has also raised significant concerns regarding the layout of the child care centre that is likely to result in inadequate supervision of the children within the indoor and outdoor playrooms; accessibility challenges for staff and children at ground and first floor levels and safety concerns with no dedicated safe haven on the first floor of the building. The application is integrated development under s.91A of the EPA Act because the building is listed as a State Heritage Item. The Office of the Environment and Heritage have not granted their general terms of approval so the application is recommended for refusal for this and the other reasons stated above. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be unsuitable for its use as a child care centre and recommended for refusal due to heritage and traffic impacts, accessibility challenges for staff and children, the inappropriate design and layout for a child care centre as well as insufficient and inadequate information.


Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, resolve to refuse development consent to Development Application No. 382/14 to use the existing premises listed on the State Heritage Register as a childcare centre for 80 children with hours of operation 7.30am to 6pm (Monday to Friday) on land at No.3 Amherst Street, Cammeray as shown on Drawings numbered 01 Issue C, 02 Issue C, 03 Issue B, 04 Issue B, 05 Issue A dated February 2015, drawn by innovative architects and received by Council on 13 February 2015, LDA01 p5, LDA04 p3 dated 12/02/2015, drawn by NBRS + Partners, and received by Council on 13 February 2015, for the following reasons:- 1. Detrimental heritage impacts The proposed works required to the house and the front garden for the adaptive use of the property as a child care centre will have a detrimental impact on the heritage significance of the property which is listed on the State Heritage Register.

a) The Office of Environment and Heritage have not provided their general terms of approval for the application, as such the application must be refused in accordance with Section 91A(4) of the Environmental Planning and Assessment Act 1979 (as amended).

Particulars

a) The garden setting of the State listed ‘Tarella’ is identified as contributing to the heritage significance of the property. The proposal provides large areas of paving for the driveway and fencing to accommodate a safe drop off zone and pedestrian access. These works isolate the front section of the property from the garden, introducing highly instructive elements and reducing the heritage item’s curtilage contrary to Aims of Plan 1.2(2)(f), Heritage Conservation Objective 5.10(1)(b) in NSLEP 2013 and Provision 1 in Part B, Section 13.5.1 in NSDCP 2013. b) The current building does not comply with the Building Code of Australia requirements for a child care centre. To ensure compliance, additional work is required to the building including, but not limited to, upgrade of non compliant tread/risers on main stairs, widening of door widths, changes to ceiling heights and roofing materials, installation of fire equipment. The required works to ensure compliance with the Building Code of Australia have the potential to materially impact the original and significant fabric of the building contrary O1 and O2 and Provision 4 in Part B, Section 13.5.1 and O1 and P2 in Part B, Section 13.5.6 in NSDCP 2013. In addition, a heritage analysis of the required upgrade works and details of an alternate solution have not been provided, contrary to Provisions 1 and 3 in Part B, Section 13.5.6 on NDCP 2013. c) The first floor verandah is noted in the Conservation Management Plan as being of a high level of significance. The application proposes the installation of a perspex screen to this first floor verandah which will have a detrimental impact on the significant fabric of the building contrary to Provision 4 in Part B, Section 13.5.1 in NSDCP 2013. 2. Lack of disabled access for staff and children


The building is not accessible for all persons contrary to the relevant requirements in the Building Code of Australia and Disability (Access to Premises – Building) Standard

a) The BCA and Disability (Access to Premises – Building) Standards requires the building for use as a child care centre to be accessible throughout. Disabled access to the first floor is not available and access is restricted to many parts of the ground floor due to the widths of existing door openings. There are no accessible sanitary facilities proposed within the building. The proposal is therefore contrary to the relevant accessibility requirements in the BCA, Disability (Access to Premises – Building) Standard and Provision 1 in Part B, Section 5.6 in NSDCP 2013.

Particulars

3. Adverse traffic impacts The proposal relies on Tarella Place for vehicular access to the site which is likely to create traffic impacts for surrounding properties that have the benefit of access over this right of carriageway.

a) Tarella Place is a 3.66m laneway which is Council owned land. The subject site and the properties at No’s 5, 7 and 8 Tarella Place have the benefit of access by way of a grant of easement over Council’s Land. The application proposes to vehicular access via Tarella Place that is likely to lead to queuing along Tarella Place and Amherst Street and prevent the properties at No’s 5, 7 and 8 Tarella Place from entering and/or exiting their properties which will result in adverse traffic impacts.

Particulars

4. Inappropriate design and layout of the child care centre The design and layout of the child care centre creates difficulties with the supervision of children by staff and leads to accessibility challenges for both children and staff.

a) The layout of the child care centre results in difficulties with the supervision and safety of children within the bathrooms, nappy change areas, outdoor play area No.2 and cot rooms. For the safety of the children, staff should not be left alone with children without remaining in the sight of another adult.

Particulars

b) The layout of the child care centre does not allow convenient access to bathrooms by children from indoor and outdoor play area, particularly the first floor of the building. Children would therefore not be able to access the bathrooms independently contrary to Regulation 109(b) in The Education and Care Regulation 2011. c) The catchment area on the southern side of the drop off zone is of an insufficient size to cater for the number of children within the child care centre contrary to Provision 7(i) in Part B, Section 5.7 in NSDCP 2013. d) There is no designated safe haven ‘refuge area’ provided on the first floor with fire rated features and is devoid of windows contrary to Provision 2(b) in Part B, Section 5.3 in NSDCP 2013. e) The internal hallway on the ground floor which serves as a transition area is 2metres wide and does not comply with the minimum 4metre wide transition area as specified in Provision 3 in Part B, Section 5.10.2 in NSDCP 2013. 5. Unsuitable site for a child care centre


The subject site is listed on the State Heritage Register and is considered to be unsuitable for use as a child care centre.

b) The proposal requires significant works to the building and to the front garden for use as a child care centre. The required works will result in the loss of the original fabric of the building and introduce intrusive element to the garden setting of the house which will have a detrimental impact on the state heritage significance of the site. The subject site is not considered suitable for a child care centre contrary to Section 79C(c) of the Environmental Planning and Assessment Act 1979 (as amended).

Particular

6. Not in the public interest The proposal in not considered to be in the public interest.

a) A significant number of public submissions were received against the application raising particular concerns in relation to a traffic impacts and the lack of on-site car parking, detrimental heritage impacts, the unsuitability of the site for a child care centre, safety issues for children and adverse acoustic impacts for surrounding properties. The proposal is not considered to be in the public interest contrary to Section 79C(e) of the Environmental Planning and Assessment Act 1979 (as amended).

Particular

7. Insufficient and inadequate information The applicant has not submitted sufficient and/or adequate information to enable a detailed assessment of the development application.

a) The Conservation Management Plan is inadequate and incomplete and fails to address archaeological potential or other options for the site.

Particulars

b) The architectural plans have failed to adequately detail the following required works to the site. These required works may further degrade the heritage significance of the site. i.The proposed fences and gates and paving treatments to the drop off zone at the front of the site have not been provided. ii.The proposed portable umbrellas and other landscaping elements in the

front garden. These elements have potential heritage impact and details must be provided. iii. Any signage and exterior lighting have not been provided. iv. The works required to the internal stair balustrade to comply with the Building Code of Australia. Full details of the fixings and detailed sections and elevations must be provided, and should be designed under the guidance of an experienced heritage architect. v. The details of the external staircase, plus any works to ensure the compliance of the 'safe haven room', including the proposed fire-rated door, and all additional works required by the BCA, Fire Safety and Acoustic report, and provision of services such as water to craft benches. Details of the ‘sign in’ area, lockers to the landing area, window to Play Room No.9 and Option B ‘Child-Proof enclosures’ should be provided. c) The noise assessment report prepared by Acoustic Logic dated the 18/09/2014 is considered inadequate for the following reasons: i. The noise measurements and calculations contained within Section 6.2 of the report are based on 8 children (aged 3 to 6 years) during play time. The activities being carried out by the children include sand pit play, stepping


blocks and play gym which is generally not representative of a child care centre with a capacity for 80 children that range in age between 0 and 6 years old. ii.The management controls in Section 7.2 of the report recommends no more

than 24 children within outdoor play area No.3 at any one time. The 3 to 6 year age group typically engages in more active play at times including plenty of screaming and shouting which would likely impact residential amenity of surrounding properties. iii. The report fails to consider noise spikes due to crying, screaming, shouting that would likely occur within a child care centre iv.The report does not detail the number of children and/or age group for outdoor play areas No’s 1 or 2. The background noise levels for these outdoor play areas were not considered in this assessment. v.Section 6.5 of the report states that there is no mechanical plant proposed at

DA stage. However, the recommended acoustic treatment in Section 7.1 of the report advise that glazing and acoustic seals are required to achieve and satisfy the acoustic requirements. Mechanical ventilation would therefore be required and has not been considered in this assessment. vi.No details have been provided on whether the child care centre proposes to cook food on site, if so, mechanical extract ventilation may be required. Should this be the case, it will need to be included in the acoustic assessment. vii.The management control in Section 7.2 of the report recommend 1.8metre high boundary fencing on the eastern and western boundaries of the site. This 1.8metre high boundary is unlikely to provide a satisfactory acoustic buffer for the adjoining property at No.1 Amherst Street.

10. IPP09 : 5A Cammeray Road, Cammeray (T) – DA 390/14/2 Applicant: A Total Concept Landscape Architects Report of Robyn Pearson, Team Leader (Assessments), 17 March 2015 This s.96 development application seeks NSIPP approval for the removal of a Casuarina glauca tree within the rear setback that would be in close proximity to a recently approved swimming pool at No. 5A Cammeray Road, Cammeray. The application is reported to North Sydney Independent Planning Panel for determination due the public interest in the subject application. Council’s Tree Preservation Officer has inspected the Casuarina glauca and found the subject tree to be in good health with no valid arboricultural reason to remove the tree as indicated in the arborist report submitted with the application. Following this assessment the development application is recommended for refusal. Recommending: PURSUANT TO SECTION 96 (2) 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 for Development Application No. 390/14/2 seeking permission to


remove a Casuarina glauca in the rear setback, as shown on plan L/01, for the following reasons:- 1. The proposed tree removal is contrary to clause 5.9 in NSLEP 2013, Part B - sections 1.5.8 and 16 in NSDCP 2013 that aims to preserve the amenity of the area, biodiversity values, and to maintain fauna habitat through the preservation of trees and other vegetation. 2. The reasons put forward for the tree removal are not sufficient to warrant its removal having regard to the matters of consideration under section 16.2.2, P3 in NSDCP 2013. 3. The proposed tree removal is not considered to be in the public interest because it does not promote biodiversity conservation, oxygen production and is likely to have a detrimental impact upon the leafy character of Cammeray.

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

This is Page No 1 of the Minutes of the North Sydney Independent Planning Panel Meeting held on 4 March 2015.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON

WEDNESDAY 4 MARCH 2015, AT 4.00PM.

PRESENT Chair: Jan Murrell in the Chair. Panel Members: Francesca O’Brien - Member Ian Pickles - Member Michael Harrison - Member Staff: Robyn Pearson - A/Manager Development Services Geoff Mossemenear - Executive Assessment Planner David Hoy - Team Leader Assessments Peita Rose - Corporate Administration Support Officer (Minutes) Apologies: Nil. 1. Minutes of Previous Meeting The Minutes of the NSIPP Meeting of 4 February 2015 were confirmed following that meeting. 2. Declarations of Interest IPP03 - Ian Pickles - non pecuniary interest declared. IPP08 - Francesca O'Brien - non pecuniary interest declared.

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/03/15 Page No 2


3. Business Items

ITEM 1

DA No: 10/15

ADDRESS: 47/171 Walker Street, North Sydney

PROPOSAL: Enclosure of existing balcony

REPORT BY NAME:

Adonna See, Graduate Planner

REASON FOR NSIPP REFERRAL:

Variation sought to the building height development standard is greater than 10%, which requires determination of the application by the Panel.

APPLICANT: Pamela Marjorie Wright Public submissions No persons elected to speak. Business Item Recommendations The panel notes the addendum with the copy of Clause 4.6 variation to Council’s maximum height control. Council Officer’s Recommendation is endorsed by the Panel subject to the following change: Curtains and Blinds I1. The use of curtains, blinds, and the like within the enclosed balconies is prohibited, in

accordance with the strata by-laws.

(Reason: Integrated and consistent building façade and design and functionality of balconies)

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Francesca O’Brien X Michael Harrison X



ITEM 2

DA No: 608/04/4

ADDRESS: 88 Alfred Street, Milsons Point

PROPOSAL:

To modify Consent No 608/04 involving changes to facades; reducing the non residential floor space; increasing the number of dwellings from 87 to 123; rearrangement of 105 car spaces.

REPORT BY NAME: George Youhanna, Executive Planner

REASON FOR NSIPP REFERRAL: The scale of the development and breach of height controls.

APPLICANT: Cbus Property 88 Alfred Street Pty Ltd Public submissions No persons elected to speak. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous


ITEM 3

DA No: 406/14

ADDRESS: Unit 1701 / 30 Glen Street, Milsons Point

PROPOSAL: Alterations and additions to existing unit at Level 17 and 18 to enclose the outdoor upper floor private open space

REPORT BY NAME: Kim Rothe, Senior Assessment Officer

REASON FOR NSIPP REFERRAL: Variation to NSLEP 2013 Building Height control

APPLICANT: Lawrence Xu Ian Pickles left the room due to a declared non pecuniary interest. Public submissions No persons elected to speak.



Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles DOI Francesca O’Brien X Michael Harrison X

ITEM 4

DA No: 272/14

ADDRESS: 45-47 Bank Street, North Sydney

PROPOSAL: Alterations and additions to a duplex

REPORT BY NAME: Lara Huckstepp, Executive Planner

REASON FOR NSIPP REFERRAL: Breach of Clause 4.3 (Height of buildings)

APPLICANT: Martin Squires c/o Andrew Sweeney Palfreeman Sweeney Architects

Public submissions No persons elected to speak. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous


ITEM 5

DA No: 439/14

ADDRESS: 131 Chandos Street, Crows Nest

PROPOSAL: Alterations and Additions to the existing Dwelling

REPORT BY NAME: Jonathan Archibald, Assessment Officer



REASON FOR NSIPP REFERRAL: Referral to NSIPP being for a technical non-compliance.

APPLICANT: Mark James Anderson Daly Public submissions Mark Daly - Applicant/Owner Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to Condition Nos. A4 and C6, being amended as follows: Carport to Have Flat or Skillion Roof

A4. No approval is granted nor implied for the proposed curved carport design. The roof

form of the carport shall be revised to a flat roof or Skillion roof with a maximum pitch of nine (9) degrees, and shall not exceed a maximum ridge height of 2.8m. Revised plans demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the Issue of any Construction Certificate.

(Reason: To ensure compatibility of the Conservation Area)

Colours, Finishes and Materials (Conservation Areas) C6. The finishes, materials and exterior colours shall be complimentary to the

architectural style of the original building and sympathetic to the character of the Conservation Area. All existing external face brickwork is to remain unaltered, with no applied finishes. Any painted brick work may be repainted or repaired but not rendered.

A schedule of finishes, materials and external colours shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.

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

complementary to the Conservation Area and to retain significant fabric in its original form)

Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Francesca O’Brien X Michael Harrison X



ITEM 6

DA No: 213/14

ADDRESS: 138-146 Military Road, Neutral Bay

PROPOSAL: Mixed Use Building

REPORT BY NAME: Lara Huckstepp Executive Planner

REASON FOR NSIPP REFERRAL: Scale of development

APPLICANT: Austral Trading & Marketing Public submissions Tom Goode - Planner JBA Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to a deferred commencement approval. The deferred commencement terms are as follows: Deferred Commencement Conditions This consent shall not operate until the following deferred commencement condition has been satisfied. Amended plans to be provided to show revised elevation to Military Road AA1. Amended plans are to be provided to include a revised elevation to Military Road that

simplifies the architectural fenestration to Military Road. To achieve the intent of this condition the following amendments are suggested to be incorporated into the design:

Military Road Elevation a) The timber looking vertical screen element identified on the Plan No. A150 Review 4

dated 3/11/14 (TC2) should be replicated on the facades to the bedrooms of units 105 to 205. The height of the screen is to match the balustrade above on level 3; and

b) The TC2 timber looking screening element should be located on the glazing to the stairwell on levels 3 and 4 up to the approximate level of Roof A, to be consistent with the main roof line.

The applicant must satisfy Council as to the matters specified in the deferred commencement conditions within 12 months of the date of the grant of this consent. If the applicant fails to satisfy Council as to the matters specified in the deferred commencement conditions within 12 months of the dated of the grant of this consent this consent will lapse in accordance with Section 95(6) of the Environmental Planning and Assessment Act 1979.



(Panel Reason: That amended plans are required to provide for appropriate presentation to Military Road to reflect the advice of the Design Excellence Panel that the elevation is too complex)


ITEM 7

DA No: 400/14

ADDRESS: 21 Parraween Street and 320-322 Military Road Cremorne

PROPOSAL: Mixed use development providing commercial/retail floor space at the ground floor level, and 33 residential apartments in the four (4) levels above.

REPORT BY NAME: Geoff Mossemenear, Executive Planner

REASON FOR NSIPP REFERRAL:

Scale of development, breach of height control and the fact that NSIPP determined the previous Parraween Street application

APPLICANT: Aplus Design Group Public submissions Tony Leung - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following additional condition: Staged Construction Certificate A4. Should staged Construction Certificates be proposed, the following conditions are to be

satisfied prior to issue of any Construction Certificate.

• B1, C1 to C7, C10, C17, C21, C23, C31 and C32.

The remainder of conditions shall be satisfied prior to the issue of any Construction Certificate for construction of the building. (Reason: To provide for staged Construction Certificates)




ITEM 8

DA No: 500/06/2

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

PROPOSAL:

To modify consent DA No. 500/06 (use and fit out of the first floor as a gymnasium) to extend hours of operation to 24 hours 7 days per week

REPORT BY NAME: Luke Donovan, Senior Assessment Officer

REASON FOR NSIPP REFERRAL: Public interest and proposed hours of operation

APPLICANT: Andreas Fitness Pty Ltd Francesca O’Brien left the room due to a declared non pecuniary interest. Public submissions Craig Schulman - Planner on behalf of applicant. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to amendment to Condition I9. Operational plan of management I9. The gym shall operate in accordance with the terms of the Plan of Management dated

December 2014 (Version 1.0) except where amended by the following condition. The plan of management to be amended to include details to be displayed on the entry

door of the premises advising of telephone numbers of management to be contacted in the event of emergencies and/or noise complaints. A copy of the Plan of Management to be maintained on site and provided to the body corporate of the building prior to operation.

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

with the determination of Council, Public Information) (Panel Reason: To provide a contact for the residents to allow complaints and

emergencies to be addressed)



Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Francesca O’Brien DOI Michael Harrison X

ITEM 9

DA No: 426/14

ADDRESS: 14 Raymond Road, Neutral Bay

PROPOSAL: Alterations and additions to existing dwelling house including attic addition

REPORT BY NAME: Natalie Moore, Assessment Officer

REASON FOR NSIPP REFERRAL: Variation to Building Height (Cl. 4.3 of NSLEP 2013)

APPLICANT: Turpin Burton Architects Public submissions No persons elected to speak. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Francesca O’Brien X Michael Harrison X

The public meeting concluded at 4.55pm. The Panel Determination session commenced at 5.00pm. The Panel Determination session concluded at 6.10pm. Endorsed by Jan Murrell North Sydney Independent Planning Panel 5 March 2015