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NORTH SYDNEY COUNCIL
Council Chambers
29 September 2016
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 2pm on
Wednesday 5 October 2016 when your attendance is requested.
Your attention is directed to the accompanying statement of the business proposed to be
transacted at such meeting.
ROSS MCCREANOR
ACTING GENERAL MANAGER
BUSINESS
1. Minutes
Confirmation of Minutes of the previous Meeting held on Wednesday 7
September 2016.
(Circulated)
NSIPP COUNCIL CHAMBERS SEATING PLAN
PUBLIC GALLERY
Pane
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Panel Member Panel Member
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Speaker/s
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 2
2. IPP01: 51 Neutral Street, North Sydney (V) - DA 390/13/4
Applicant: BJB Architects
Report of Luke Donovan, Senior Assessment Officer, 21 September 2016
This Section 96 application seeks NSIPP approval to modify DA390/13,
specifically the deletion of Condition C2 to permit the construction of a rear
first floor balcony (1.2m in depth x 6.47m in width) and modify the external
colours and finishes on land at 51 Neutral Street, North Sydney. The site is
identified as a Contributory Item within the Whaling Road Conservation Area.
The application is reported to NSIPP as the applicant seeks the
deletion/modification of conditions imposed by the Panel.
Council’s notification of this Section 96 application attracted no submissions.
On 5 February 2014, NSIPP granted approval to DA390/13 for alterations and
additions to an existing semi-detached dwelling including a rear addition over
two levels, boundary fencing with vehicular access off Nicholas Street on the
subject site. NSIPP imposed a condition (Condition C2) stating that the ‘the
balcony and awning to the upper level together with the blade walls on the
ground and first storey shall be deleted…and replaced with Juliette balconies
with a maximum depth of 600mm and width of the door openings’.
The proposed changes to the external finishes and colours are considered to be
reflective of the Victorian Filigree style of dwelling and sympathetic to the
character of the conservation area.
The addition of the rear balcony and nib walls will increase the site coverage
from 63% (as approved) to 68.2% which results in a significant non-
compliance with the 60% maximum site coverage control in NSDCP 2013.
The addition of the rear balcony and nib walls considerably adds to the bulk at
the northern and eastern sides of the dwelling and is likely to tip the balance to
an overdevelopment of the site and this aspect of the modification in not
supported.
The proposal is therefore recommended for part approval subject to modified
conditions of consent.
Recommending:
THAT the North Sydney Independent Planning Panel, under the delegation
from the A/General Manager, resolve to grant part approval to modify
DA390/13 involving alterations and additions to the existing semi-detached
dwelling on land at No. 51 Bray Street, North Sydney subject to the following
modified conditions of consent:
No change to Condition C2 of DA390/13
Modify Conditions C15, C16 and G7 of DA390/13 as follows –
Colours, Finishes and Materials (Conservation Items)
C15.The finishes, materials and colour schemes must be generally in
accordance with the External Finishes Board prepared by BJB Architects and
received by Council on 28 July 2016 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)
Roofing Materials - Reflectivity
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 3
C16.The roofing material must be galvanised corrugated steel sheet roofing
that is 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)
Compliance with Certain Conditions
G7.Prior to the issue of any Occupation Certificate, Conditions C1, C2, C3, C4
and C5 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)
3. IPP02: 4A Claude Avenue, Cremorne - DA 219/16
Applicant: Jim and Diana Saada
Report of Judith Elijah, Student Assessment Officer, 26 September 2016
This development application seeks NSIPP approval for alterations and
additions to an existing detached dwelling including a two-storey rear addition
on land at No. 4A Claude Avenue, Cremorne. The property is a Neutral Item
within the Cremorne Conservation Area. There are a number of heritage items
in the near vicinity, including 6, 8, 10, 12 and 14 Claude Avenue.
The subject application is reported to North Sydney Independent
Planning Panel due to the level of Councillor and public interest.
Council’s notification of the original proposal attracted ten (10) submissions
against the application, raising concerns regarding loss of views, visual
privacy impacts and overshadowing. Council’s notification of the amended
proposal is considered unlikely to receive submissions raising new issues.
Nevertheless, any submissions that do raise new issues will be addressed in an
addendum report. Issues previously raised will be addressed in this report.
The site has a considerable history with a consent for a rear addition granted in
2006 by Council following a protracted process. While this consent has been
raised by submitters as a precedent, no site can be frozen in time and a
property owner can seek to test a proposal against the applicable controls.
Council’s Conservation Planner has assessed the application and raised no
objection to the amended proposal, subject to recommended conditions.
The proposed addition complies with the building height control in NSLEP
2013 and is compliant with Council’s building envelope controls as well as
key controls within NSDCP 2013, being site coverage and landscaped area.
The proposal will result in significant view loss from the ground floor bay
window within the side setback of No. 1/6 Claude Avenue Cremorne that is
currently obscured by the presence of boundary vegetation on the subject site.
However, the proposed addition is compliant with Council’s controls and it is
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 4
considered that the amended proposal will maintain a reasonable level of view
sharing for No. 6 Claude Avenue.
It is also considered difficult to preserve a view obtained from a window
within a side setback and located on the ground floor. Views will still be
maintained from the sunroom of Unit 1/6 Claude Avenue as well as the
living/dining room window of No. 2/6 Claude Avenue.
The amended proposal would maintain the visual privacy for surrounding
properties given the nature of the proposed windows and through
recommended conditions of consent.
Having regard to the provisions of Section 79C of the Environmental Planning
& Assessment
Act 1979, the application is considered to be satisfactory and recommended for
approval subject to the attached standard 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 A/General Manager as the consent authority, grant consent to
Development Application No. 219/16 for alterations and additions to an
existing dwelling on land at No. 4A Claude Avenue, Cremorne, subject to the
attached standard conditions:-
4. IPP03: 193 Ernest Street, Cammeray (TU) - DA 82/16
Applicant: Shonna Lawrence
Report of Judith Elijah, Student Town Planner, 5 August 2016
This development application seeks NSIPP approval for the construction of a
new open car space at the front of an existing semi-detached dwelling on land
at No. 193 Ernest Street, Cammeray.
The application is reported to NSIPP due to public and Councillor
interest.
Council’s notification of the proposal attracted one (1) submission with
concerns regarding public safety.
Council’s Development Engineer raised concerns about public safety as the
proposed car space is non-compliant with AS 2890.1 for Parking Facilities –
Offstreet Parking for a B-85 vehicle and the safety of motorists entering Ernest
Street from the car space.
Consequently, the application was referred to Council’s Traffic Committee
meeting on 29 April 2016, with a recommendation for refusal, but was
deferred for further information.
The applicant submitted a Traffic Report from Traffix, dated 1 June 2016 and
amended plans on 2 June 2016. The application was once again referred to the
Traffic Committee meeting where it was once again recommended for refusal
by Council’s Manager for Traffic and Transport. However, the proposal was
unanimously endorsed by the committee and supported by a representative
from NSW Police.
A development determination is not bound by the outcome of the Traffic
Committee. Indeed, it must be stated that popular small cars such as the
Holden Cruize (4.6m) will not fit into the car space, and a Toyota Corolla at
4.33m will just fit into the 4.45m space as proposed by the applicant. The
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 5
owner’s choice of vehicle will thus be limited to compact cars, for example,
Toyota Yaris (3.9m - 4.3m) and Holden Barina (4.039m – 4.399m) to name
but two. Any vehicles which overhang the footpath could be fined for
obstruction. Consequently, a condition of consent is recommended to prevent
cars from encroaching into Council’s Road Reserve.
Therefore, it is recommended that a deferred commencement approval be
granted subject to the site specific condition that a covenant must be placed on
the property to limit parking within the car space to B-35 vehicles only, as well
as standard conditions of consent.
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 Acting General Manager as the consent authority, grant deferred
commencement consent to Development Application No. 82/16 involving
the construction of a new open car space within the front setback of an existing
semi-detached dwelling at No. 193 Ernest Street, Cammeray, subject to the
attached conditions:
5. IPP04: 21 Churchill Crescent, Cammeray (T) - DA 252/15
The applicant is seeking development consent for the construction/erection of
three (3) storey dual occupancy (attached) dwellings, and subsequent strata
subdivision of the development. The proposal includes demolition of an
existing two (2) storey brick dwelling house.
Council’s re-notification of the development application / amended plans
attracted four (4) submissions objecting to the application and raising
particular issues about the non-compliance with the building height control,
set back controls, excessive scale of development, loss of visual privacy and
solar access, and an unreasonable level of view sharing. The assessment has
considered these concerns as well as the performance of the application
against Council’s planning objectives / controls.
The steep nature of the site poses difficulties in terms of design and site
planning and makes full compliance with the height control a challenge.
The imposition of appropriate conditions including building setback to
maintain a reasonable level of view sharing and colours and materials will
ensure the proposal will have minimal impact upon adjoining neighbours or
the bushland areas.
Conditions have also been recommended.
Having regard to the provisions of Section 79C of the Environmental Planning
and Assessment Act 1979, the application is recommended for deferred
commencement approval.
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 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 consent to Development Application No.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 6
252/15 for development of a duplex on land at 21 Churchill Crescent,
Cammeray, subject to the following site specific conditions and attached
conditions:
1. First floor (south-western corner) master bedroom of the building to
maintain a minimum 19.4 metre setback to the rear property boundary as
detailed on the plans.
2. The submitted colours and materials are not approved. External colours and
materials shall be natural colours and muted and earth tones to walls and roofs.
Stronger colours to be restricted to window frames, doors and small decorative
features.
6. IPP05: 203 Ernest Street, Cammeray (V) - DA 66/2016
Applicant: Margaret Donaghy and Chris Chippendale
Report of Kim Rothe, Senior Assessment Officer, 20 September 2016
This development application seeks NSIPP approval for alterations and
additions to the rear of the existing semi-detached dwelling and the
construction of a new open car space at the front of the dwelling on land at No.
203 Ernest Street, Cammeray.
The application is reported to NSIPP to promote consistency with a
similar application for a new open car space in front of the semi-detached
dwelling at 193 Ernest Street, Cammeray (DA82/16 - -Also under
consideration by NSIPP at this meeting).
Development Application No. 66/16 has been assessed against North Sydney
Local Environmental Plan 2013, North Sydney Development Control Plan
2013 and relevant State Environmental Planning Policies and was generally
found to be acceptable, under the site circumstances subject to a suit of
controls to ensure only small cars are parked within the proposed car space..
Council’s Development Engineer does not support the proposal given its non-
compliance with AS 2890.1 for Parking Facilities – Offstreet Parking for a B-
35 vehicle standard however, a near identical proposal for front parking at 193
Ernest Street, Cammeray (DA82/16) received unanimous support from
Council’s Traffic Committee as well as NSW Police. Accordingly, this report
has had regard for this endorsement by the Traffic Committee
It is considered that the proposal would enhance the streetscape because it
would allow views of the front setback and the characteristic dwelling on the
subject site. The proposal would also promote passive surveillance of the
public domain.
A development determination is not bound by the outcome of the Traffic
Committee. Indeed, it must be stated that popular small cars such as the
Holden Cruize (4.6m) will not fit into the car space, and a Toyota Corolla at
4.33m will just fit into the 4.45m space as proposed by the applicant. The
owner’s choice of vehicle will thus be limited to compact cars, for example,
Toyota Yaris (3.9m - 4.3m) and Holden Barina (4.039m – 4.399m) to name
but two. Any vehicles which overhang the footpath could also be fined for
obstruction. Consequently, a condition of consent is recommended to prevent
cars from encroaching into Council’s Road Reserve.
Therefore, the proposal is considered to be satisfactory in the site context and
is recommended that deferred commencement consent be granted subject to
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 7
the imposition site specific and standard conditions as per the recommendation
of this report.
Should NSIPP however consider the front car space to be not worthy of
support, the remaining part of the application is considered supportable and the
proposal can still be part approved subject to the alteration to the conditions as
detailed in the conclusion of this report.
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, under delegation from the Acting General Manager, grant deferred
commencement consent to Development Application No. 66/16 involving
the alterations and additions to the existing semi-detached dwelling and a new
open car space within the front setback of an existing semi-detached dwelling
at No. 203 Ernest Street, Cammeray, subject to the following conditions and
the attached standard conditions:-
AA1Submission of 88B Instrument pursuant to the Conveyancing Act
1919
In association with Lot C in DP 537008, a section 88B Instrument must be
created and registered on the title, limiting the use of the car space at No. 203
Ernest Street, Cammeray to a small vehicle.
The use or any other burdens/benefits must be noted as follows:
a) The use of the car space within the front setback must be limited to small
cars only (B-35) with a maximum length of 4.45 metres and this restriction
must be noted on Lot C in DP 537008.
b) Council is to be indemnified against accidental death or injuries to people
and/or goods arising from any vehicle encroaching into the Road Reserve on
Ernest Street.
c) The owner of the premises is to possess appropriate public liability
insurance at all times.
d) North Sydney Council is to be nominated in the Instrument as the only
party authorized to release, vary or modify the Instrument.
All costs associated with the registration and execution of the 88B instrument
and restriction on the use of the car space must be borne by the Applicant.
Documentation evidence of the restrictions on the title from LPI must be
submitted to Council to allow this consent to become operable.
(Reason: To ensure that small cars (B-35) only use the car space to ensure
public safety).
I.On-Going / Operational Conditions
No Encroachment for Vehicles onto Ernest Street
I1. Any vehicle parked within the approved car space must not encroach into
the Road Reserve on Ernest Street at any time.
(Reason: To preserve public safety)
Wheel Strips
I2. The landscaped spaces surrounding the approved wheel strips is to be
maintained in a landscaped condition and not to be paved, concreted or
otherwise made into a impervious surface.
(Reason: To ensure the spaces surrounding the wheel strips retains
functionality as Landscaped area)
Rear Retractable Awning
I3. The rear retractable awning over the rear deck is to be maintained as a
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 8
retractable structures at all times and is not to be converted to a fixed awning
structure.
(Reason: To ensure rear awning remains a retractable and the rear deck retains
functionality as unbuilt upon area)
Required Signage
I4. A sign shall be provided in a clearly visible location at the front of the
property stating “Small Vehicle Only – Maximum length 4.45 metres”. Text
used is to be no less than 50 mm in height and in a colour to contrast with its
background.
(Reason: To ensure that the space is used appropriately)
7. IPP06: 118 Alexander Street, Crows Nest (W) - DA 90/16
Applicant: Momo Property Group Pty Ltd
Report of George Youhanna, Executive Planner, 22/9/2016
This development application seeks approval for demolition of the existing
buildings on site (La Grillade Restaurant) and construction of a four (4) storey
(plus a rooftop communal room) mixed use development containing two
ground level non-residential areas, 12 apartments and two levels of basement
parking providing a total of 11 car spaces.
The application is reported to North Sydney Independent Planning Panel for
determination as the proposal is a significant mixed use development with an
estimated cost of work of $3.5M, and due to public interest (submissions).
The site has an area of 389.7m2 and is therefore relatively constrained in terms
of development options. Following an initial assessment and a review by the
Design Excellence Panel, Council raised a number of concerns in relation to
the original application and consequently an amended proposal was submitted
on 20 July 2016. The amended scheme has satisfactorily addressed the
identified issues and is now considered satisfactory.
Notification of the original proposal attracted three (3) submissions and
notification of the amended proposal attracted two (2) submissions, raising
concerns about height, privacy, solar access, overshadowing, character, traffic,
parking, precedent, views and other issues. The assessment has considered
these concerns as well as the performance of the application against Council’s
planning requirements.
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, 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, and grant consent to
Development Application No. 90/16 for demolition of existing buildings and
construction a 4 storey mixed use development with basement parking at
No.118 Alexander Street, Crows Nest, subject to the attached conditions.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 9
8. IPP07: 34-36 Oxley Street, Crows Nest (W) - DA 249/16
Applicant: Sean Bermingham
Report of Lara Huckstepp, Executive Planner, 23 September 2016
This development application seeks approval for alterations and additions to
an existing mixed use building including an awning over the existing eastern
rooftop communal terrace and vertical glass infill panels on the western
rooftop terrace. The matter is reported to the North Sydney Independent
Planning Panel for determination as the awning exceeds the building height
control pursuant to Clause 4.3 NSLEP2013.
Notification of the proposal has attracted no submissions. The assessment has
considered these concerns as well as the performance of the application against
Council’s planning requirements.
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, 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.249/16 for alterations and additions to an
existing mixed use building at 34-36 Oxley Street, subject to the attached
conditions and following standard conditions.
Colour of awning
C1. The proposed awning over the communal roof terrace shall be constructed
using colourbond in colour ‘monument’.
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 comply with the terms of this development consent)
Use of the Rooftop area
I1. The use and lighting of the common rooftop areas must not occur between
11.00pm and 7.00am daily. The design and placement of the lighting must:
(a) be directed away from any residential dwelling;
(b) not create a nuisance or negatively affect the amenity of the surrounding
neighbourhood; and
(c) comply with AS4282-1997 control of obtrusive effects of outdoor lighting.
(Reason: To ensure residential premises are not affected by inappropriate or
excessive illumination)
9. IPP08: 38 Milner Crescent, Wollstonecraft (W) - DA 115/16
Applicant: Urbanesque Planning P/L
Report of Kim Rothe, Senior Assessment Officer, 29 September 2016
This development application seeks approval for minor demolition to the
existing dwelling and construction of a first floor addition, new pool and
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 10
expanded garage. The proposal requires endorsement by NSIPP for
determination due to the number of public submissions received.
The proposal is an amended proposal with amendments made to the
development for further window privacy treatments to the main additions and
lowering of the pool into the ground following concerns raised by Council in
this regard.
Council’s first notification of the proposal attracted five (5) submissions
raising particular concerns about privacy, parking, loss of vegetation and
construction concerns associated with the application.
The applicant submitted amended plans on 28 July 2016 in response to
Council’s issues raised. The amended plans were re notified and attracted a
further one (1) submission raising concerns to privacy. The assessment has
considered these concerns as well as the performance of the application against
Council’s planning requirements.
The proposal as amended is considered to result in impacts that are generally
an expected outcome on the site having regard to the development controls
applicable to the site. Following this assessment the development application,
the proposal is considered worthy of support 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 as the consent authority
grant consent to Development Application No. 115/16 for Alterations and
additions to dwelling including new first floor, swimming pool and double
garage to laneway on land at 38 Milner Crescent, Wollstonecraft subject to the
attached condition list.
10. IPP09: 5 McHatton Street, Waverton (W) - DA 207/2016
Applicant: Kenstrom Design Pty Ltd
Report of Geoff Goodyer, Consultant Town Planner, Symons Goodyer Pty
Ltd, 13 September 2016
This development application seeks Council’s approval for alterations and
additions to dwelling house, demolition of existing clay base tennis court and
construct a new basement garage containing parking for five (5) cars, gym,
media room, rainwater tank and on site detention system and reconstruction of
tennis court over, with the tennis court reinstated in its current position and
level. Existing tennis court lighting poles are proposed to be removed and
replaced as part of this proposal.
The application is reported to NSIPP as the site is opposite the residence
of an elected Councillor.
Council’s notification of the proposal has attracted two (2) neighbour
submissions raising particular concerns about impacts of stormwater runoff,
impacts arising from excavation (noise, dust, debris and damage to properties),
and hours of work. The assessment has considered these concerns as well as
the performance of the application against Council’s planning requirements.
Following this assessment the development application is considered to be
reasonable in the circumstances and is recommended for approval subject to
conditions.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 11
Development Services comment:
This application was referred to a consultant planner for assessment to avoid
possible conflict of interest arising from the nearby residence of a serving
Councillor. The primary issue turns on compliance with the applicable site
cover, un-built upon and landscape area controls. In this case the proposal is
to remove an existing tennis court, excavate and provide below ground car
parking and media room, and reinstate the above ground tennis court. The end
result will generally be identical to that as existing in this regard. The
exceedances of the un-built upon and landscape area controls are substantial
and in the normal course would warrant refusal. The site is, however, unusual
and unique in that it comprises a heritage item with an annexed site containing
a tennis court. The development will provide extra facilities with minimal
impact on the heritage item or its setting. The issue of the additional parking
bays and Council’s code is noted but is considered in itself acceptable given
the quality of the residence and the fact that traffic generation will be governed
by the number of occupants in the dwelling. It is open to the Panel to adopt
the consultant’s recommendations should it feel the merit of the proposal so
warrants.
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. 207/16 for alterations and additions to dwelling house,
demolition of existing clay base tennis court and construct a new basement
garage containing parking for five (5) cars, gym, media room, rainwater tank
and on site detention system and reconstruction of tennis court and lighting
poles on land at 5 McHatton Street, Waverton subject to the following site
specific conditions and the attached standard conditions:
Stormwater Management and Disposal Design Plan / Construction issue
detail
C1. Prior to issue of the Construction Certificate, the applicant shall have a
site drainage management plan prepared by a qualified hydraulic design
engineer. The site drainage management plan must detail the following
requirements of North Sydney Council:
a) Compliance with the latest revision of: BCA drainage requirements,
Councils Engineering Performance guide and current Australian Standards and
guidelines, such as AS/NZ 3500.3.2003, National Plumbing and Drainage
Code.
b) No works on Council land regarding storm water drainage discharge are
proposed or approved under this consent and no work may be undertaken until
approved.
c) Any works on Council’s infrastructure (including rectifying works on:
footpath, grass verge, kerb, gutter and/or driveway crossing) that are reverting
to Council care and control, must be approved from Council prior to
commencement of construction. To obtain the permit, an application must be
made to Council on a ‘Permit for Street Opening’ form with payment of the
adopted assessment/inspection fees.
d) Stormwater runoff and subsoil drainage generated by the approved
development must be conveyed in a controlled manner by gravity to existing
control pit at the South /East boundary.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 12
e) The stormwater drainage system shall be designed for an average
recurrence interval (A.R.I.) of 1 in 20 years.
f) Provision is to be made for the collection and disposal in an approved
manner of any overland flow entering the subject property, or concentrated as
a result of the proposed works.
g) Surface inlet pits must be located to catch surface flows, and must be
provided at all pipe junctions, changes in pipe direction exceeding 45 degrees
and at the site boundary (within the property) prior to connection to the public
drainage system and must be of sufficient size to accept the flow.
h) All sub-soil seepage drainage shall be discharged via a suitable silt arrestor
pit. Sign must be installed adjacent to pit stating “This sediment /silt arrestor
pit shall be regularly inspected and cleaned”. Details of all plans certified as
being adequate for their intended purpose and complaint with the provisions of
AS 3500.3.2 by an appropriately qualified and practising civil engineer shall
be submitted with the application for a Construction Certificate.
i) If a car wash bay is established than wastewater collected from the bay
drainage require pre-treatment, such as silt traps and oil separation system,
prior to being discharged into wastewater systems (e.g. sewer or septics).
j) The design and installation of the Rainwater Tank must comply with
BASIX and Sydney Water requirements. Overflow from tank shall be
conveyed in a controlled manner by gravity to the stormwater disposal system.
k) The design and installation of the rainwater reuse system (rainwater tank)
must comply with DCP 2013 requirements. Overflow from the rainwater reuse
devise must be conveyed in a controlled manner by gravity to the stormwater
disposal system. Rainwater Tank must be plumbed to appropriate end uses (i.e.
external taps, toilet flushing, laundry, water features, car washing or garden
irrigation) to ensure sufficient use of tank water so that capacity exists to
accommodate rain water from storm events.
l) Prevent any stormwater egress into adjacent properties by creating
physical barriers and surface drainage interception.
m) The proposed On Site Detention for storm water disposal must be designed
to ensure that the maximum discharge of stormwater collected from the pre-
developed site, which would occur during a 1 in 5 year storm of 1-hour
duration for the existing site conditions, is not exceeded. The OSD system
must be regularly maintained and serviced.
n) The creation of a Positive Covenant (under the provision of the
Conveyance Act) on the property title to ensure the maintenance of OSD and
pump system on the property being developed. Prior to occupation certificate
details must be submitted to Council for approval before registration with the
Land Titles Office.
o) Provide subsoil drainage to all necessary areas with pump out facilities as
required.
Details demonstrating compliance are to be submitted with the Construction
Certificate.
The Certifying Authority issuing the Construction Certificate must ensure that
the approved drainage plan and specifications, satisfying the requirements of
this condition, is referenced on and accompanies the Construction Certificate.
The measures shown on the approved stormwater management plan, must be
implemented on site prior to issue of the Occupation Certificate.
(Reason: To ensure controlled stormwater management and disposal without
nuisance)
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 13
Construction Hours
E1. 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 works must be restricted to within the hours of 8.00 am to 5.00 pm
Monday to Friday only.
Excavation works must be restricted to within the hours of 8.00 am to 4.00 pm
Monday to Friday only.
For the purposes of this condition:
1) “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.
2) “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.
3) “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)
Front Fence G1. The brick wall and palisade front fence is to be reconstructed to match the
form of the existing fence at the completion of the works. The reinstated wall
and fence must have a matching brick base and palisade fence with the
detailing of the fence and piers to exactly match the existing fence in terms of
materials, height, location and detail.
(Reason: To minimise impact on the conservation area)
11. IPP10: 67 Union Street, McMahons Point (V) - DA 131/14/2
Applicant: Nix Anderson Pty Ltd
Report of David Hoy, Team Leader Assessments, 21 September 2016
This application under Section 96(1A) of the Environmental Planning and
Assessment Act 1979 seeks Council’s consent to modify Development
Application 131/14 relating to use of the subject premises for a café. Consent
is sought to modify the conditions of consent to permit the rear bi-fold doors to
the café premises to remain open during opening hours, to permit use of
existing rear external stairs for access to lower ground floor W.C. and to install
a new acoustic screen
The application is referred to the North Sydney Independent Planning
Panel for determination due to the number of submissions received and
the original approval having been granted by the Panel. The application was placed on notification between 5 February 2016 and 19
February 2016 with adjoining property owners and the Union Precinct notified
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 14
of the application. In response a total of six (6) submissions have been
received including from four (4) submitters. Issues raised in the submissions
relate to non-compliance with conditions of consent relating to the opening of
the rear premises door and associated noise and acoustic privacy impacts.
Council has received a number of complaints in relation to the ongoing noise
impacts arising from the ongoing use of the premises. Council rangers and
Compliance officers have attended the site on a number of occasions in
response to noise complaints from two nearby residents in January 2015,
November 2015, January 2016 and April 2016. The Café has been issued with
warning notices due to breaches to Condition I2 of the consent.
The proposed a new acoustic screen to the rear landing is supported, however
the proposal to remove the requirement to have the rear bi-fold doors to the
premises closed during the café opening hours is not supported, given the
number of complaints received since operation commenced, and the high
potential for ongoing acoustic impacts arising from the use of the premises
during busy operating times. The proposed request to delete Condition I2 is
therefore not supported.
Existing ongoing operational conditions are to remain including restrictions on
the use of the rear stair and balcony. Additional conditions have been
recommended to ensure the proposed acoustic screen is of suitable colour and
has adequate acoustic properties.
Should the Panel consider it is appropriate to permit the rear bi-fold doors to
remain open, this may be done on a trial basis with a recommendation that this
operation be reviewed in a 6 month time period. Having regard to the provisions of section 96 & 79C of the Environmental
Planning and Assessment Act 1979, the proposed development as modified is
satisfactory. The application is recommended for approval in part.
Recommending: PURSUANT TO SECTION 96 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under delegated
authority of Council, as the Consent Authority, modify Development Consent
No. 131/14 dated 5 November 2014 in respect of a proposal for use of a
premises as a café at 67 Union Street, McMahons Point under the provisions
of Section 96 of the Environmental Planning and Assessment Act only insofar
as will provide for the following:
1. Condition A1 of the consent is modified to read as follows:
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 Dated Received
DA100 B Ground and lower ground floor plans Unknown 23-04-14 27-01-16
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
2. Condition Nos. A4 of the consent is deleted
3. Condition Nos. C4 of the consent is amended to read as follows:
Lattice Screen to be provided to rear balcony
C4. The lattice screen shown on the approved plans must be installed to the
eastern and southern edges of the balcony area to a height of 1.7 metres above
the finished floor level of the deck. The required screen shall consist of a
timber lattice screen and must be maintained at all times.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 15
Details of the required privacy screen are to be provided to the Certifying
Authority prior to the issue of the Construction Certificate.
(Reason: To screen the deck area from adjacent residential balconies)
4. That the proposal to delete Condition Nos. I2 is not supported as there
remains a high potential for ongoing acoustic impacts to nearby
residences arising from the ongoing operation of the café.
5. That notwithstanding the requirements of Condition I2, that the
following additional conditions be imposed to require the proposed
acoustic screen to be installed:
Acoustic Screen to be installed to rear stair landing
A5. An acoustic screen is to be installed and maintained at all times on the
side of the ground floor landing to the double doors being a 3 metres wide by
2.7 metres high, 10 mm thick (at least), and being of solid UV resistant
polycarbonate material. The acoustic screen must be free of visible air gaps
to provide an impervious sound barrier.
The required acoustic screen is to be of a recessive colour and must cause any
unreasonable glare.
The acoustic properties of the screen must satisfy the requirements of the
acoustic report prepared by Day Design Pty Ltd, numbered 5952-1.1R dated
April 2016 and submitted to Council on 16 May 2016.
(Reason: To provide for the ongoing incidental use of the stairs and rear
doors by patrons and staff and to protect amenity of adjacent residential
premises)
12. IPP11: 2 Thomas Street, McMahons Point (V) - DA 201/16
Applicant: Proprietors of SP 55380
Report of Geoff Mossemenear, Executive Planner, 8 September 2016
This development application seeks Council’s approval for alterations and
additions to a dwelling including a new dormer window to the rear.
The application is referred to NSIPP due to the breach of the height
control for a small lot being in excess of 10% and provides extra yield
beyond that envisaged by the relevant controls. Council’s notification of the
proposal has attracted one submission raising concerns with the original
proposal not complying with Council’s heritage controls. Amended plans
were submitted in response to the heritage concerns raised by Council. The
assessment has considered the performance of the application against
Council’s planning requirements.
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 80/91 OF ENVIRONMENTAL PLANNING
AND ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, 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.201/16 subject to the attached conditions.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 16
13. IPP12: 3 Bay View Street, Lavender Bay (V) - DA 215/14/2
Applicant: Tobias Partners
Report of Susanna Cheng, Senior Assessment Officer, 22 September 2016
This application under Section 96(2) of the Environmental Planning and
Assessment Act 1979 seeks Council’s consent to modify Development
Application 215/14 relating to substantial alterations and additions to create a
new dwelling, including landscaping, drainage and associated works. Consent
is sought to modify the conditions of consent for internal space configuration,
revisions to materials, a revised roof top form from gable to flat roof at Level
5, and additional landscaping.
The application is referred to the North Sydney Independent Planning
Panel for determination due to the number of submissions received and
the original approval having been granted by the Panel. Council’s notification of the proposal has attracted one submission raising
particular concerns about the extent of demolition, height and setbacks,
shadows and view impacts of landscaping. The assessment has considered
these concerns as well as the performance of the modification against
Council’s planning requirements.
The development as proposed to be modified will not change the
characterisation of the development as “substantial alterations and additions to
create a new dwelling”. The development, as approved, includes significant
demolition and additions to transform the building into a large contemporary
residence. The side and rear walls and gable roof form of the building
approved to be retained under the approved development are largely subsumed
beneath an enlarged building envelope. Under the proposed modifications, the
side and rear walls will continue to be retained. The proposed demolition of
the gable roof and replacement with a flat roof do not give rise to a different
characterisation of the development. The proposed development is considered
to be substantially the same as the approved development.
The proposed flat roof will be below the main ridge of the existing gable roof.
The reduction in numeric breach of the height control is supported. The
reconfigured upper level will be adequately set back from the boundaries so as
to allow for reasonable solar and view access to neighbouring dwellings.
The provision of additional landscaping is consistent with a condition of
consent. The amended landscape design, including selection of species,
location and growing conditions, is considered to be satisfactory in relation to
neighbouring properties, providing a reasonable balance between privacy, and
view and solar access.
Following this assessment the application to modify Council’s consent is
considered to be reasonable in the circumstances and is recommended for
approval.
Recommending:
That Council’s Team Leader Assessments, under Delegated Authority from
the General Manager of North Sydney Council, as the consent authority,
resolve to modify its consent dated 1/4/15 in respect to substantial alterations
and additions to create a new dwelling, including landscaping, drainage and
associated works, on land at 3 Bay View Street, Lavender Bay under the
provisions of section 96 of the Environmental Planning and Assessment Act
only in so far as will provide for the following:
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 17
(A) To modify the following conditions so as to read as follows:
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
S96-01 A Site & Context Plan Tobias Partners 10/5/16
S96-02 A Floor Plan: Level 5 Tobias Partners 10/5/16
S96-03 A Floor Plan: Level 4.5 Tobias Partners 10/5/16
S96-04 A Floor Plan: Level 4 Tobias Partners 10/5/16
S96-05 A Floor Plan: Level 3 Tobias Partners 10/5/16
S96-06 A Floor Plan: Level 2 Tobias Partners 10/5/16
S96-07 A Floor Plan: Level 1 Tobias Partners 10/5/16
S96-08 A Floor Plan: Level 1 – Pool Tobias Partners 10/5/16
S96-09 A Elevation – South Tobias Partners 10/5/16
S96-10 A Elevation – North Tobias Partners 10/5/16
S96-11 A Elevation – East + West Tobias Partners 10/5/16
S96-12 A GA Sections – A1 Long Tobias Partners 10/5/16
S96-13 A GA Sections – A2 Long Tobias Partners 10/5/16
S96-14 A GA Sections Short Tobias Partners 10/5/16
S96-15 A GA Section Short Tobias Partners 10/5/16
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
External Finishes & Materials
A4. External finishes and materials must be in accordance with the submitted
Finishes Schedule (Rev.C) dated 3/5/16, prepared by Tobias Partners and
received by Council on 10/5/16 unless otherwise modified by Council in
writing.
(Reason: To ensure compliance with the approved development)
Height
G8. Upon completion of the works and prior to the issue of any Occupation
Certificate the height of the development must be surveyed and certified by an
appropriately qualified and practising surveyor as compliant with the
maximum approved levels of RL20.80 at lift 02, RL20.045 at the level 05 roof
above the "Study Office”, and RL22.6 at the garage parapet. This survey and
certification must be submitted to the Certifying Authority with the application
for an Occupation Certificate and a copy provided to Council (if it is not the
Certifying Authority.
(Reason: To ensure compliance with the terms of this development consent)
Landscaping
G10. The landscaping shown in the approved landscape plans numbered
MB_HM_01 (Issue I), MB_HM_02 (Issue I), MB_HM_03 (Issue I),
MB_HM_04 (Issue C), MB_HM_05 (Issue H) (excluding works to swimming
pool) and MB_HM_06 (Issue F), prepared by Myles Baldwin Design all dated
3/5/16 must be completed prior to the issue of any Occupation Certificate.
(Reason: To clarify consent and ensure compliance with soft landscaping
requirements)
BASIX
G32. 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. 700326S 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
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 18
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)
i.To delete the following condition(s):
C4. Additional landscaping
14. IPP13: 44 West Street, North Sydney (V) - DA 62/16
Applicant: Latrade Pty Ltd c/- Jean-Claude Branch
Report of Susanna Cheng, Senior Assessment Officer, 20 September 2016
This development application seeks Council’s approval for a new front fence,
air conditioners, and other alterations to a boarding house.
The application is reported to NSIPP for determination due to the level of
interest from the public and following from enquiries by the Mayor, Jilly
Gibson.
Council’s notification of the proposal has attracted four submissions raising
particular concerns about unauthorised use, noise, visual and heritage impacts.
The assessment has considered these concerns as well as the performance of
the application against Council’s planning requirements.
The site is located within an R2 Low Density Residential zone. The
application does not seek to change the approved use of the site as a boarding
house, which is permissible in the zone. The alterations and additions have
been assessed on the basis that they are for the purpose and in association with
the boarding house use, as approved. It is, however, noted that Council has
commenced compliance action in relation to unauthorised use of the site for
the purpose of tourist accommodation, which is prohibited within the zone.
The proposed works have been partially undertaken, including the installation
of air conditioning units, gas meters and alterations at the rear of the building.
The continued use of these works, as built, has been assessed to be
satisfactory. The air conditioning units are generally located at ground level at
the side and rear of the property so as to have minimal acoustic and visual
impacts.
Council’s Environmental Health Officer has reviewed the submitted acoustic
statement and is satisfied the development is capable of meeting relevant noise
standards, subject to a condition requiring cessation of operation of air
conditioners during late night hours.
The front handrail detail and front fence have been designed to appropriately
reflect the character and significance of the local heritage item. No objections
to the proposal are raised on heritage grounds, subject to conditions, including
restrictions on air conditioning units.
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. 62/16 for new front fence, landscape works, alterations to
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 19
balcony balustrades, and continued use of air conditioners, gas meters and
alterations as built, at 44 West Street, North Sydney, subject to the attached
standard conditions and following site specific conditions:-
Use for purpose of boarding house
A4.The alterations and continued use of air conditioning units and other
utilities are approved exclusively for use for the purpose of a boarding house
operated in accordance with conditions of development consent No.1348/90.
No approval is given or implied for the use of the property for other purposes.
(Reason: Permissibility)
Location of air conditioning condenser units
A5.No approval is given for the location of any air conditioning units to the
front (east) elevation of the building, or any additional air conditioning units
on the northern side of the building other than the enclosed air conditioning
unit as detailed in the approved drawings. All external air conditioning units
are to be located at the rear or southern side of the building only.
(Reason: To reduce heritage impact)
Screen planting to gas meters
G8.The gas meters are to be screened by appropriate shrubs, planted with a
height that ensures that the meters are fully screened.
The Certifying Authority must ensure that the building plans and
specifications submitted by the Applicant, referenced and accompanying the
issued Occupation Certificate, fully satisfy the above.
(Reason: To reduce heritage impact)
Timer restrictions on air conditioners
I1.All air conditioning unit/system(s) installed on the premises shall be fitted
with tamper-resistant automatic timers or other suitable device that cannot be
overridden other than by authorised staff, so as to ensure the air conditioners
do not operate during the following hours:
(a) before 8.00am and after 10.00pm on any Saturday, Sunday or Public
Holiday; and
(b) before 7.00am or after 10.00pm on any other day.
Operable windows must be provided in all habitable rooms to provide natural
ventilation during these restricted hours.
(Reason: To maintain residential amenity)
15. IPP14: 69 West Street, Crows Nest (W) - DA 89/16
Applicant: Vaughn Milligan
Report of Aloma Moriarty, Assessment Officer, 19 September 2016
This development application seeks approval for alterations and additions to a
single storey corner terrace dwelling including a first floor attic style rear
addition. The application is reported to NSIPP for determination due to a
variation to Council’s controls relating to building height and in response to a
submission.
The existing and proposed dwelling include a maximum height of 7.9m
(existing) and 7.6m (proposed) above the existing ground levels. This
contravenes Clauses 4.3(2A) and 4.3(2B) of the North Sydney Local
Environmental Plan 2013, which specifies a maximum building height of
5.5m, given the site is zoned R2 – Low Density Residential and is located on a
lot with an area less than 230m2 size within a Conservation Area. The height
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 20
non-compliance of up to 2400mm (43.6%) is attributable to the new attic first
floor rear addition. The applicant has submitted a Clause 4.6 request for
variation to address the breach to the building height standard. The proposal
satisfies the objectives of the standard and is considered to maintain the
amenity and character of the neighbourhood. The breaches in building height
will not cause material loss of views, loss of privacy or overshadowing to
surrounding properties and the objectives of the height control would be
achieved despite the variation. The variation to the building height is therefore
supported in this instance.
The proposal is generally consistent with surrounding similar terrace dwellings
with the first floor attic addition located at the rear of the dwelling and below
and behind the main ridge of the dwelling, thereby not being visible from West
Street. However the dwelling has a secondary frontage to Carlow Street. The
proposed first floor addition includes the removal of the entire original rear
roof plane which is highly visible from Carlow Street. A condition has been
recommended to retain a portion of the rear roof plane by setting back the first
floor from the southern side boundary to align with the ground floor rear wing.
This is considered to reduce the overall bulk and scale of the proposed addition
and improve the presentation of the proposed first floor and the overall
dwelling from Carlow Street resulting a development that is in keeping with
the character of the conservation area.
Council’s notification of the proposal has attracted one submission raising
issues with the construction process, structural adequacy and privacy impacts
which have been addressed through this report and conditions of consent have
been recommended where appropriate.
The assessment has considered these concerns as well as the performance of
the application against Council’s planning requirements and appropriate
conditions of consent have been recommended.
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, as the consent
authority, assume the concurrence of the Department of Planning &
Environment and invoke the provisions of clause 4.6 of North Sydney LEP
with regard to the exception of the development standards for building height,
grant consent to Development Application No. 89/16 for alterations and
additions to a corner terrace dwelling, subject to the attached standard
conditions and following site specific conditions:-
Retention of part of original Roof Form
C17. The proposed first floor extension must be setback from the southern
side such that it aligns with the external wall of the existing ground floor rear
wing and such that a minimum width of 1000mm of the existing rear roof
plane is retained.
The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issues
Construction Certificate fully satisfy the requirements of this condition.
(Reason: To ensure the retention of original and significant fabric and to
reduce the visual bulk of the proposed extension)
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 21
Southern boundary wall along Carlow Street
C18. The southern boundary wall along Carlow Street that is currently
dilapidated must be repaired to match the existing wall and be no higher than
the existing wall height.
The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issues
Construction Certificate fully satisfy the requirements of this condition.
(Reason: To ensure the safety of the pedestrians using the footpath and to
maintain the presentation of the dwelling within the streetscape)
Amendments to Proposed Windows W1 and W2
C19. The windows noted as W1 and W2 are to be 700mm wide by 1200mm
high, double hung or casement windows.
The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issues
Construction Certificate fully satisfy the requirements of this condition
(Reason: To ensure the use of details characteristic to the conservation area)
Weatherboards
C20. The weatherboards are to be natural timber or ‘Scyon’ weatherboards
with traditional profile and paint finish. No approval is given for fibre cement
weatherboards.
The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issues
Construction Certificate fully satisfy the requirements of this condition.
(Reason: To ensure the use of materials characteristic to the conservation area)
Roof sheeting
C21. The roof sheeting to the rear addition is to be corrugated sheeting with a
traditional corrugated profile, equal to Custom Orb ‘Accent’. No approval is
given for other roof sheet profile.
The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issues
Construction Certificate fully satisfy the requirements of this condition.
(Reason: To ensure the use of materials complimentary to the significance of
the heritage item)
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 Wednesday 7 September 2016.
NORTH SYDNEY INDEPENDENT PLANNING PANEL
DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL
MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON WEDNESDAY
7 SEPTEMBER 2016, AT 2.00PM
PRESENT
Chair:
Jan Murrell in the Chair.
Panel Members:
Francesca O’Brien, Panel Member
Ian Pickles, Panel Member
Grant Christmas, Panel Member
Staff:
Stephen Beattie - Manager Development Services
Geoff Mossemenear - Executive Assessment Planner
David Hoy - Team Leader Assessments
Robyn Pearson - Team Leader Assessments
Peita Rose - Corporate Administration Support Officer (Minutes)
Apologies: Nil
1. Minutes of Previous Meeting
The Minutes of the NSIPP Meeting of Wednesday 3 August 2016 were confirmed following that
meeting.
2. Declarations of Interest: Nil
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 07/09/2016 Page No 2
This is Page No 2 of the Minutes of the North Sydney Independent Planning Panel
Meeting held on Wednesday 7 September 2016.
3. Business Items
The North Sydney Independent Planning Panel under the Delegated Authority granted by North
Sydney Council and s.377 of the Local Government Act 1993 has considered the following Business
Items and resolves to determine each matter as described within these minutes.
ITEM 1
DA No:
99/16
ADDRESS:
112 West Street, Crows Nest
PROPOSAL:
Alterations and additions to semi-detached dwelling including new
attic addition
REPORT BY NAME:
Adonna See, Graduate Assessment Officer
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: Cape Cod Australia Pty Ltd
Anthony Tsoukalas
Veronica
Public submissions
No persons elected to speak on this item.
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 Grant Christmas X
ITEM 2
DA No:
471/2015
ADDRESS:
34-40A Falcon Street, Crows Nest
PROPOSAL:
Demolish existing building and construct a three (3) storey mixed
use development comprising ground floor retail, 15 apartments,
rooftop communal space and basement parking.
REPORT BY NAME:
David Hoy, Team Leader Assessments
REASON FOR NSIPP
REFERRAL:
Height Variation sought to Clause 4.3 Building Height of NSLEP
2013, Level of Public Interest/Concern to the proposal
APPLICANT: Brendan Lee
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 07/09/2016 Page No 3
This is Page No 3 of the Minutes of the North Sydney Independent Planning Panel
Meeting held on Wednesday 7 September 2016.
Public submissions
Chris Milner - Chairperson - Falcon Lane Action Group (FLAG) -
Paul Buljevic - Architect
Business Item Recommendations
The Council Officer’s Recommendation is endorsed by the Panel.
(Panel Reason: The Panel notes the inclusion of Condition I6 as an ongoing condition which contains
the restrictions of access to non trafficable and green roofs)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Ian Pickles X
Francesca O’Brien X Grant Christmas X
ITEM 3
DA No:
158/16
ADDRESS:
53-57 Atchison Street, Crows Nest
PROPOSAL:
Demolition of existing structures, amalgamation of lots and
construction of a 5-storey residential flat building containing 18
units and basement car park
REPORT BY NAME:
Susanna Cheng, Senior Assessment Officer
APPLICANT: Avance Urban Pty Limited, C/- Andrew King
Public submissions
Andrew King - Owner
Michael Watson - Planner
Paul Buljevic - Architect
Business Item Recommendations
The Council Officer’s Recommendation is endorsed by the Panel subject to the deletion of Conditions
C17 Road Works (d) and J5(a) in relation to drainage easements, and amendments to Conditions G28,
I6 and K5 in relation to car parking to reduce the visitor parking spaces by one space and increase the
residential by one space, and any consequential changes to the conditions.
(Panel Reason: The Panel considered the additional setback requirement on the upper level in
Condition A7 will provide improved solar access to the properties at the rear. The Panel considers the
deletion of one visitor space and reallocation to residential is acceptable. With respect to the drainage
easement these have been amended except for the requirement for the easement along the western
boundary of the entire site that is a technical requirement)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Ian Pickles X
Francesca O’Brien X Grant Christmas X
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 07/09/2016 Page No 4
This is Page No 4 of the Minutes of the North Sydney Independent Planning Panel
Meeting held on Wednesday 7 September 2016.
ITEM 4
DA No:
184/16
ADDRESS:
2 Wilson Street, Cammeray NSW 2062
PROPOSAL:
Alterations and additions to an existing dwelling
REPORT BY NAME:
Robyn Pearson, Team Leader (Assessments)
REASON FOR NSIPP
REFERRAL:
The application is referred to NSIPP due to public and Councillor
interest in the application.
APPLICANT: Mathew Davis
Public submissions
Megan Davis - Owner
Business Item Recommendations
The Council Officer’s Recommendation is endorsed by the Panel subject to the reasons for refusal
being amended as follows:
Reason 1(c) having the wording pedestrian deleted as it is a general safety issue.
Reason 2(a) to read as follows: the proposed design is considered to be unsympathetic for this
contributory item in the conservation area. The bulk, scale, dominance and unresolved architectural
response of the rear addition is unacceptable in its current form.
The first Reason 2(c) is to be deleted.
Reason 3 to be deleted.
(Panel Reason: To clarify reasons for the refusal)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Ian Pickles X
Francesca O’Brien X Grant Christmas X
ITEM 5
DA No:
254/16
ADDRESS:
26 Cowdroy Avenue, Cammeray NSW 2062
PROPOSAL:
Installation of a vergola over the existing third floor terrace of a
dwelling.
REPORT BY NAME:
Judith Elijah
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Meeting held on Wednesday 7 September 2016.
REASON FOR NSIPP
REFERRAL:
The application is referred to the North Sydney Independent
Planning Panel for determination because the variation sought to
the building height development standard is greater than 10%.
APPLICANT: Peta Holmes
C/- Performance Building Consultants
Public submissions
No persons elected to speak on this item.
Business Item Recommendations
The Council Officer’s Recommendation is endorsed by the Panel subject to an additional condition.
Use of the Vergola
I1. The vergola must remain as an open structure with operable louvres as shown on the
approved plans.
(Reason: To ensure the vergola to remain as an open structure)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Ian Pickles X
Francesca O’Brien X Grant Christmas X
ITEM 6
DA No:
116/16
ADDRESS:
20 Ellalong Road, Cremorne
PROPOSAL:
Substantial Alterations and additions including new first floor level
over main building
REPORT BY NAME:
Kim Rothe, Senior Assessment Officer
REASON FOR NSIPP
REFERRAL:
Number of submissions
APPLICANT: Richard Wilkins
C/- Madeleine Blanchfield
Public submissions
Merle Conyer - Submitter
Richard Wilkins - Owner
Madeleine Blanchfield - Architect
Business Item Recommendations
The Council Officer’s Recommendation is endorsed by the Panel.
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Meeting held on Wednesday 7 September 2016.
(Panel Reason: The Panel notes that no further treatment is required to other windows due to the
large separation distance. The Panel also notes the waste receptacles are to remain in situ and not
within the driveway)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Ian Pickles X
Francesca O’Brien X Grant Christmas X
ITEM 7
DA No:
152/16
ADDRESS:
21 Benelong Road, Cremorne
PROPOSAL:
Alterations and additions to a detached dwelling including a first
floor addition, a double garage and a new driveway
REPORT BY NAME:
Robin Tse, Senior Assessment Officer
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: Straightline Studio Co.
Toni White
Public submissions
No persons elected to speak on this item.
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 Grant Christmas X
ITEM 8
DA No:
227/16
ADDRESS:
28 Parraween Street, Cremorne
PROPOSAL:
Alterations and additions to a semi-detached dwelling to provide a
first floor addition
REPORT BY NAME:
Robin Tse, Senior Assessment Officer
REASON FOR NSIPP Variation sought to the building height development standard is
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Meeting held on Wednesday 7 September 2016.
REFERRAL: greater than 10%, which requires determination of the application
by the Panel.
APPLICANT: Cape Cod Aust. Pty. Ltd.
Anthony Tsoukalas
Public submissions
No persons elected to speak on this item.
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 Grant Christmas X
ITEM 9
DA No:
266/14/3
ADDRESS:
14 Eaton Street, Neutral Bay
PROPOSAL:
Modification of Consent - Demolition of existing dwelling and
construction of a part 2 and part 3 storey multi dwelling housing
development comprising 5 dwellings and basement parking for 9
cars
REPORT BY NAME:
George Youhanna
REASON FOR NSIPP
REFERRAL:
Public Interest (Submissions)
APPLICANT: James Michael Elliott
Public submissions
James Michael Elliott - Applicant
Anthony Solomon - Architect
Business Item Recommendations
The Council Officer’s Recommendation is endorsed by the Panel subject to the rear balconies off the
bedrooms being a maximum depth of 600mm and the screens to be fixed in place. The architect
offered this amendment in discussion.
(Panel Reason: The Panel considers that this is an acceptable solution)
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Meeting held on Wednesday 7 September 2016.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Ian Pickles X
Francesca O’Brien X Grant Christmas X
ITEM 10
DA No:
205/16
ADDRESS:
26 Waruda Street, Kirribilli
PROPOSAL:
Demolition of the existing building and the construction of a
residential flat building containing five apartments with basement
parking and associated landscaping
REPORT BY NAME:
Luke Donovan
REASON FOR NSIPP
REFERRAL:
Public Interest
APPLICANT: Theo Paradisis
Public submissions
Alex Allen - Submitter
Geen Walsh - Submitter
Vince Squillace - Architect
Business Item Recommendations
The Council Officer’s Recommendation is endorsed by the Panel subject to the amendment to
Condition C27 to reflect the architect’s solution to ensure privacy for the rear property by the
provision of a fixed louvre screen on the corner bedroom windows at the rear with the louvres being
operable to a maximum of 45 degrees. Conditions are to be amended accordingly:
(Panel Reason: The Panel considers that the above solution with the proposed setback will not
adversely impact on the potential for redevelopment of the property at the rear)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Ian Pickles X
Francesca O’Brien X Grant Christmas X
The public meeting concluded at 3.25pm.
The Panel Determination session commenced at 3.30pm.
The Panel Determination session concluded at 5.30pm.
Endorsed by Jan Murrell
North Sydney Independent Planning Panel
8 September 2016