View
225
Download
6
Category
Preview:
Citation preview
NORTH SYDNEY COUNCIL
Council Chambers
31 August 2017
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 2.00pm on Wednesday 6
September 2017 when your attendance is requested.
Your attention is directed to the accompanying statement of the business proposed to be
transacted at such meeting.
ADRIAN PANUCCIO
A/GENERAL MANAGER
BUSINESS
1. Minutes
Confirmation of Minutes of the previous Meeting held on Wednesday 2 August
2017.
(Circulated)
NSIPP COUNCIL CHAMBERS SEATING PLAN
PUBLIC GALLERY
Pane
l Mem
ber Panel M
ember
Panel Member Panel Member
Staf
f
Speaker/s
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 2
2. IPP01: 70 Ellalong Road, Cremorne (T) - DA 187/17
Applicant: Carol Maree Johnston
Report of Robin Tse, Senior Assessment Officer, 29 August 2017
This development application seeks NSIPP approval for alterations and
additions to an existing single storey detached dwelling at No.70 Ellalong Road,
Cremorne including internal alterations, a two storey rear addition and a
swimming pool.
The subject application is reported to North Sydney Independent Planning Panel
for determination due to significant non-compliance with the DCP site coverage
control.
The notification of the application has attracted three (3) submissions rising
concerns relating to possible adverse privacy impacts, excessive bulk and scale,
inadequate rear boundary setback and parking impacts.
The proposal complies with the LEP’s maximum building height limit and
DCP’s front and side setback requirements. The proposal is unlikely to cause
material amenity impacts on the adjoining properties subject to the imposition
of appropriate conditions to protect the visual privacy of the adjoining
properties.
However, the proposal would result in a significant non-compliance with the
DCP’s site coverage requirement. A deferred commencement condition has
been recommended requiring design modifications to the proposed first floor
balcony and swimming pool in order to reduce the level of non-compliance with
the site coverage requirements whilst achieving a development which is
appropriate in the context and character of the locality (Condition AA1).
The issues raised in the submission have been addressed throughout this report.
Having regard to the provisions of Section 79C of the EP&A Act 1979 the
application is considered to be satisfactory and therefore can be approved
subject to the deferred commencement conditions.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
A. 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. 187/17 for alterations
and additions to an existing single storey detached dwelling at No. 70 Ellalong
Road, Cremorne, subject to the following deferred commencement conditions:
AA. Deferred Commencement Conditions
This consent shall not operate until the following deferred commencement
condition(s) has/have been satisfied.
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.
Design Modifications
AA1. The design of the proposed development must be amended as follows:
A minimum setback of 2.5m is provided between the north-eastern edge of the
swimming pool and the common property boundary with No.72 Ellalong Road
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 3
to increase the separation between the swimming pool and No.72 Ellalong Road
and to allow planting/soft landscaping;
The dimensions of the swimming pool shall be modified to 6.4m in length x
3.5m in width;
The depth of the first floor rear balcony and the roof over this balcony be
amended to 1.5m from the rear (north-western) glass line for the master
bedroom and ensuite bathroom, being 10.5m from the rear (north-western)
property boundary; and
Installation of 1.7m high privacy screens on the north-eastern and south-western
edges of the first floor rear balcony.
(Reason: To reduce the non-compliance with DCP’s site coverage requirements,
to ensure compliance with rear boundary setback and to minimise the privacy
impacts on the adjoining properties)
This consent shall not operate until such time as the written approval stating that
the requirements of this condition have been satisfied.
B. Subject to the above deferred commencement conditions being satisfied
within 12 months of the date of this determination, the consent shall operate in
accordance with the attached conditions, including the following site specific
conditions:
Privacy Shutters – First Floor Windows
C1. The proposed vertical louvres within the privacy shutters to be attached to
all first floor windows on the north-eastern and south-western elevations must
be fixed at an angle of 45 degrees to minimise overlooking into the adjoining
properties at Nos. 68 and 72 Ellalong Road.
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 requirement of this condition.
(Reason: To ensure residential amenity for the adjoining properties)
Landscape Plan
C2. The applicant must submit a detailed landscape plan for the subject site
based on the Landscape Concept Plan (DA15A), dated 21/7/17 and prepared by
Corrado A Palleschi including planting of 3 x native species at 25 litre pot size
as replacement for trees to be removed within the rear yard. This landscape plan
must identify the numbers and species of plants to be planted and their mature
heights.
The plan 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 this landscape plan and other plans and
specifications submitted fully satisfy the requirements of this condition.
(Reason: To ensure desirable landscape outcomes for the subject site)
3. IPP02: 53 Reynolds Street, Cremorne (T) - DA 387/16/2
Applicant: HJ Two Pty Ltd, C/- Corben Architects
Report of Luke Donovan, Senior Assessment Officer, 22 August 2017.
The applicant has lodged a Section 96 application seeking NSIPP approval to
modify DA387/16 with regards to the relocation of the entries to houses 3 and
4, changes to lift, internal changes to houses 3, 4, 5 and 6, addition of car park
exhaust, air conditioning condensers relocated to the roof of building A, toilet
added to the basement level and the skylights relocated on the roof on land at
No. 53 Reynolds Street, Cremorne.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 4
The Section 96 application is reported to North Sydney Independent Planning
Panel for determination given the level of public interest in the application.
The notification of the proposal has attracted four (4) submissions raising
particular concerns about the relocation of the mechanical plant on the roof of
Building A and the likely additional loss of visual privacy with amendments to
windows and privacy screens.
The proposed modifications involving the relocation of the entries to houses 3
and 4 (building A) from level 3 to level 2 of the building and the removal of the
staircases will provide more equitable access to these dwellings.
The lift over run and screening around the mechanical plant is limited to a
maximum height of 1200mm above the roof level and complies with the
maximum permissible building height (8.5m) in NSLEP 2013. The lift over run
and screening around the mechanical plant is unlikely to materially add to the
bulk or scale of the building or be highly visible from surrounding properties,
as the structures are centrally located on the roof at the rear of building A with
a 23m setback from the Reynolds Street boundary, 6.3m setback from the side
boundaries and limited in size to 4858mm (L) and 2320mm (W).
The external louvres to the new windows along the eastern and western
elevations of the buildings will ensure there are no adverse privacy impacts for
adjoining properties.
The proposal has been assessed having regard to Section 96 of the
Environmental Planning and Assessment Act 1979 (as amended) and found to
be satisfactory. Accordingly, the proposal is recommended for approval subject
to modified 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 A/General Manager as the consent authority, grant consent to this Section
96 application No. 387/16/2 to modify DA No. 387/16 with regards to the
relocation of the entries to houses 3 and 4, changes to lift, internal changes to
houses 3, 4, 5 and 6, addition of car park exhaust, air conditioning condensers
relocated to the roof of building A, toilet added to the basement level and the
skylights relocated on the roof on land at No. 53 Reynolds Street, Cremorne
subject to the following conditions:
Add Conditions A4 and I3 as follows:
Development in Accordance with Plans (S96 Amendments)
A4 The development being carried out in accordance with plans identified in
Condition A1 of the consent and endorsed with Council’s approval stamp,
except as modified by the purple clouding on the following plans: Drawing No Rev. Title Drawn by Dated
DA01 E Site plan Corben Architects 22/5/2017
DA02 E Level 1 plan Corben Architects 22/5/2017
DA03 E Level 2 plan Corben Architects 22/5/2017
DA04 E Level 3 plan Corben Architects 22/5/2017
DA05 E Level 4 plan Corben Architects 22/5/2017
DA06 E Level 5 plan Corben Architects 22/5/2017
DA07 E Roof plan Corben Architects 22/5/2017
DA08 E Section A Corben Architects 22/5/2017
DA09 E Section B Corben Architects 22/5/2017
DA10 E North Elevation Block A Corben Architects 22/5/2017
DA11 E South Elevation Block A Corben Architects 22/5/2017
DA12 E North and South Elevations Block B Corben Architects 22/5/2017
DA13 E East Elevation Blocks A and B Corben Architects 22/5/2017
DA14 E West Elevation Blocks A and B Corben Architects 22/5/2017
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 5
Odour
I3 Use of the carpark exhaust system (Building A) must not give rise to
offensive odour or air impurities within the meaning of the Protection of the
Environment Operations Act 1997.
(Reason: To ensure the amenity of surrounding properties)
Modify Condition A3, C24, C28, C31 as follows:
External Finishes & Materials
A3.External finishes and materials must be in accordance with the submitted
schedule Drawing Number DA 22 Revision C (however noted as Rev F in title
bar), dated 26/07/17 drawn by Corben Architects and received by Council on
26/07/2017 unless otherwise modified by Council in writing.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
Location of Plant
C24.All plant and equipment for Building A is to be located within the basement
(Level 1) of this building or the nominated areas on roof of this building and not
to be located on any of the balconies within this building.
All plant and equipment for Building B is to be located under the front porches
of the dwellings within this building and positioned within a suitable sound
attenuated enclosure.
Plans and specifications complying with this condition must be submitted to the
Certifying Authority for Approval prior to the issue of any Construction
Certificate. The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: Minimise impact on surrounding properties, improved visual
appearance and amenity for locality)
Adaptable Housing
C28.Dwelling 3 (Building A) must be designed with accessible features for
disabled persons, and must incorporate level entries and wider doorways and
corridors, slip resistant surfaces, reachable power points, disabled toilet, and
lever door handles and taps. These features are to be designed generally in
accordance with the relevant Australian Standard 4299 - 1995.
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 equity of access and availability of accommodation in the
future for an ageing population)
BASIX Certificate
C31.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. (765569M_03) for the
development are fulfilled. Plans and specifications complying with this
condition must be submitted to the Certifying Authority for approval prior to
the issue of any Construction Certificate. The Certifying Authority must ensure
that the building plans and specifications submitted, referenced on and
accompanying the issued Construction Certificate, fully satisfy the
requirements of this condition.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 6
(Reason: To ensure the proposed development will meet the Government’s
requirements for sustainability and statutory requirements).
4. IPP03: 66 Colin Street, Cammeray - DA 430/16
Applicant: Clare Carter, Contemporary Architecture Pty Ltd
Report of George Youhanna, Executive Planner, 24 August 2017
This application under s.82A of the Environmental Planning and Assessment
Act 1979 seeks a review of a determination by NSIPP to refuse a development
application for alterations and additions to the existing dwelling including a rear
two storey addition and a swimming pool in the rear setback of the site on land
at No. 66 Colin Street, Cammeray. The property is identified as a Neutral Item
within the Plateau Conservation Area.
At the 5 April 2017 meeting, NSIPP resolved as follows:
The Council Officer’s Recommendation for refusal is endorsed by the Panel.
The Panel considers that the constraints of this site in terms of adjoining
developments has been well considered for the properties to the south. However,
the bulk and height of the two storey addition at the rear does not fit comfortably
on the site having regard to the change in levels and the relative level of the
property to the north. To provide further guidance to the applicant, the rear two
storey portion in the opinion of the Panel needs to be lowered in overall height
by some 550mm. This includes as discussed at the meeting lowering the rear
portion by 350mm (2 steps) to reduce the out of ground foundation.
Furthermore, a reduction of overall height can be achieved by lowering the
springing point and or alteration to the roof. The Panel considers that the rear
extension should read as a separate and articulated component for this
conservation area.
Furthermore, the Panel considers that the shed proposed on the boundary
should be relocated to be compliant with the side setback controls.
The application is referred back to the North Sydney Independent
Planning Panel for determination in accordance with the provisions of
s.82A(6).
Council’s notification of the s.82A review application has attracted fourteen
(14) submissions, including three (3) objections and eleven (11) submissions in
support of the proposal. The objections raise particular concerns about
excessive bulk and scale, overshadowing, loss of outlook and visual privacy,
uncharacteristic built form, non-compliant side setbacks and other issues.
The s.82A plans have addressed the issues raised by the NSIPP, subject to
confirmation by the Panel that the requirement for the rear extension to read as
a separate and articulated component has been satisfied through the reduced
height of the rear addition. A condition of consent is proposed which would
distinguish the rear addition as new building work, by requiring the existing
concrete roof tiles to be replaced with terracotta tiles over the existing dwelling
and the rear addition to have a corrugated metal roof.
Having regard to the provisions of Section 79C of the Environmental Planning
& Assessment
Act 1979 and with regard to the previous decision of the NSIPP, the application
is considered to be satisfactory in the circumstances and recommended for
approval.
Recommending
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 7
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, approve Development
Application No. 430/16 for alterations and additions to the existing dwelling
including a rear two storey addition and swimming pool in the rear yard of the
site on land at No. 66 Colin Street, Cammeray, as shown on plans DA01 – DA16
Revision C, drawn by Contemporary Architecture Pty Ltd and dated 8/6/2017,
subject to the attached standard conditions.
5. IPP04: 146 Atchison Street, Crows Nest (W) - DA 146/17
Applicant: Tim Alexander on behalf of Andrew and Susan Scott
Report of Susanna Cheng, Senior Assessment Officer, 24 August 2017
This development application seeks Council’s approval for alterations to rear
carport structure and use as a garage.
The application is reported to NSIPP for determination due to interest by
Councillor Melissa Clare.
Council’s notification of the proposal has attracted one submission raising
particular concerns about unauthorised works, location and height of garage,
and solar access in relation to an adjoining garage/workshop at No.148 Atchison
Street. The assessment has considered these concerns as well as the performance
of the application against Council’s planning requirements.
The subject application was received by Council following compliance action
in relation to various structures at the rear of the property, including a carport in
the location of the proposed garage. Council ordered removal of the carport in
December 2016 on the basis that it was not self-supporting and relied on an
adjoining structure in the absence of owner’s consent from the affected
neighbour. In this regard, the current application seeks approval to erect an
internal framework so that the garage will be self-supported, for ongoing use as
a garage.
The adjoining garage structure accommodates a workshop with access to
daylight by means of glass bricks located on the boundary wall. A review of
land title information reveals an absence of any easement for access to daylight
through these windows. Nonetheless, the proposed garage has been designed
to provide for reasonable daylight access to the workshop by means of roof
lights and glass bricks matching the location of the adjoining glass bricks. This
is considered to be reasonable given the lack of legal entitlement to light access
and the affected space is an ancillary workshop rather than any primary internal
living area.
The height of the proposed garage is lower than the adjoining garage/workshop
and is comparable to garages in Chandos Lane. The siting of the garage
immediately adjoining the larger garage/workshop structure at No.148 results
in least shadow impacts on private open space.
The provision of a single garage is consistent with parking rates and laneway
provisions in the DCP. It is recommended (via condition) that the open space
adjacent the garage be landscaped, including a tree, in order to provide suitable
landscaping which contributes to the landscape character of the area and prevent
any use of the rear setback for the purpose of parking of a second vehicle.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 8
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 grant consent to Development Application No. 146/17 for alterations
to rear carport structure and use as garage, on land at 146 Atchison Street, Crows
Nest, subject to the attached standard conditions and following site specific
conditions:-
Continued use
A1. Approval is granted for continued use of the rear garage to the extent of the
structure as built and proposed to be retained. No retrospective approval is
given or implied for the physical erection of works completed without consent.
(Reason: To formalise use of existing unauthorised works)
Garage to be Self Supported
C14.The existing carport structure shall be adjusted so as to remove all load-
bearing members from the wall/structure of the adjoining garage/workshop
located at 148 Atchison Street, Crows Nest. The proposed garage must be
entirely self-supported from within the subject site.
Under no circumstances shall the wall at 148 Atchison Street be altered without
the prior written consent of the adjoining owner other than for the removal of
unauthorised works and to make good.
A report from an appropriately qualified and practising structural engineer,
certifying the development fully satisfies the above, must be submitted to the
Certifying Authority prior to the issue of any Construction Certificate.
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: No consent from adjoining owner)
Landscaping to western side of rear setback
C15.The “Landscaped Area” adjacent to Chandos Lane as indicated on the
approved plans shall be soft landscaped in its entirety with the exception of unit
pavers for pedestrian access as indicated on the plans. The species may include
groundcovers and shrubs, and must include planting of a tree to the following
specifications:
Provided within the location shown in red on the approved plan(s), generally to
the western side of the proposed garden path (unit pavers) no more than 2.5m
south of the rear boundary;
Suitable species capable of attaining a mature height of 2.5 – 3.0 metres above
finished ground level;
Suitable species to maintain reasonable light penetration to adjoining property;
and
Minimum pot size of 25 litres at time of planting.
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 area compliance; streetscape amenity; to prevent use of rear
setback for the purpose of parking)
Service Adjustments
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 9
E4. 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 Applicant’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)
Single Car Parking
I2. No more than a single car may be parked within the subject site at any time.
(Reason: To clarify consent)
Rooflights and Glass Blocks in Eastern Wall
I3. The rooflights and glass blocks in the eastern wall shall not be obscured in
any way and shall be kept in a reasonably clean condition.
(Reason: To maximise light transmission to the property at 148 Atchison Street)
6. IPP05: 160 Willoughby Road, Crows Nest (W) – DA 127/17
Applicant: LAK Australia Pty Ltd c/ PBD Architects
Report of Susanna Cheng, Senior Assessment Officer, 22 August 2017
This development application seeks Council’s approval for demolition of an
existing building, and construction of 4-storey mixed use building comprising
ground floor commercial and nine (9) apartments.
The application is reported to NSIPP for determination due to variation to
Council’s controls relating to building height.
The variation to the building height control is justifiable in the circumstances of
the case. The proposed building is generally compliant with the exception of
roof structures. The elements in breach are adequately set back so as to present
no material built form, streetscape, shadow, privacy or other amenity impacts.
The variations allow for provision of a communal open space that could not
reasonably be provided elsewhere on a constrained site, improving residential
amenity without exceeding the development yield as envisaged by the controls.
Council’s notification of the proposal has attracted two submissions raising
particular concerns about heritage and parking. The assessment has considered
these concerns as well as the performance of the application against Council’s
planning requirements.
The existing building is not a heritage item or located within a conservation
area. The proposed building addresses the main street corner, provides for
active frontages, and is considered to be compatible with the existing and future
desired character of Crows Nest Town Centre. In addition, the proposal
includes a continuous awning and new street tree plantings which will make a
positive contribution to the streetscape.
Adequate residential and commercial parking will be provided, in accordance
with maximum parking rates so as not to result in any material impacts on on-
street parking in the area. Conditions are recommended to ensure efficient
garage operations so as maintain the functionality of the rear lane, and no
parking permits to be issued to future occupiers of the building.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 10
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
& Environment and invoke the provisions of clause 4.6 of North Sydney LEP
2013 with regard to the exception of the development standard under clause 4.3
for building height, grant consent to Development Application No. 127/17 for
demolition of existing building and construction of a 4-storey mixed use
building comprising ground floor commercial and nine (9) apartments, on land
at 160 Willoughby Road, Crows Nest, subject to the attached standard
conditions and following site specific conditions:-
Signage Separate DA
A4Signage, except for exempt or complying development, shall be subject to a
separation development application.
(Reason: To clarify consent; streetscape amenity)
Ausgrid Requirements
C43.Prior to issue of a Construction Certificate, the applicant/developer must
submit a survey plan to Ausgrid showing the location of all overhead
powerlines/mains within 5 metres of the proposed development. This drawing
must contain a plan view and elevated view clearly indicating the location of
the overhead mains in relation to the development. The information should be
forwarded to development@ausgrid.com.au.
Ausgrid’s Network Standard NS220 Section 13 (available on the internet)
specifies the minimum clearance required between structures and power lines.
Should the existing overhead mains require relocating due to the minimum
safety clearances being compromised, this relocation work would generally be
at the applicant/developer’s cost and via contestability process. It is also the
responsibility of the applicant/developer to ensure the existing overhead mains
have sufficient clearance from all types of vehicles that are expected to be
entering and leaving the site.
Prior to issue of a Construction Certificate, suitable arrangements must be made,
in writing, with Ausgrid for any required works to satisfy the minimum
clearance requirements. The required works shall be implemented prior to issue
of an Occupation Certificate.
The Certifying Authority must ensure that the building plans and specifications
submitted by the Applicant, referenced and accompanying the issued
Construction and Occupation Certificates, fully satisfy the above.
(Reason: Essential infrastructure)
Street Lighting
C44.The applicant/developer shall upgrade the street lighting on Willoughby
Road, Atchison Street, and Hume Lane adjacent to the site, to the appropriate
standard and to the satisfaction of the Certifying Authority. The developer will
need to engage a lighting consultant to determine whether new lighting is
required to be installed.
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.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 11
(Reason: Pedestrian safety and amenity)
Service Adjustments
E4. 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 applicant/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)
Car Stacker
G26.The mechanical stacker must have a minimum service rate of at least 25
vehicles per hour (in and out combined movements).
Prior to the issue of an Occupation Certificate, evidence must be provided to the
satisfaction of the Certifying Authority that the mechanical car stacker has a
minimum service rate of 25 vehicles per hour (in and out combined movements
(Reason: To minimise queuing at rear lane)
Landscape Maintenance Plan
G27.Prior to the issue of any Occupation Certificate, a landscape maintenance
plan must be prepared by a suitably qualified landscape architect or
horticulturalist which provides for the ongoing maintenance of rooftop
plantings.
(Reason: To maintain adequate landscape amenity)
Roof terrace
I14.The roof terrace shall operate in accordance with the following at all times:
The roof terrace may only be used in association with the residential use of the
building, by residents and their guests only. Any use of the roof terrace shall
cease between the hours of 9.00pm and 8.00am, 7 days per week;
No part of the roof terrace (except for lift and stair) may be enclosed. The
canopy shall remain open on the sides; and
The roof terrace shall be free of umbrellas or any other shade devices.
(Reason: Visual and acoustic amenity)
No Resident Parking Permits
I15. No resident parking permits will be provided for residential or retail
occupants of this development in accordance with Council’s Resident Parking
Policy.
(Reason: To manage street parking)
7. IPP06: 29 Milray Avenue, Wollstonecraft (W) - DA 474/15/2
Applicant: Shane Ly
Report of Kim Rothe, Acting Executive Planner
This development application seeks Council’s approval to modify approved
Development application DA474/15 for substantial alterations and additions to
the existing detached dwelling including demolition of front façade, roof, and
various external and internal walls, new front addition, façade and roof, and
excavation for new storage area to basement.
The modification proposal includes a new lych gate, verandah, store room,
internal stairs, shade structure, roof extension, pool reconfiguration, return to
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 12
front entry steps, reconfiguration of retaining walls, steps, paths and landscaping
and other associated modifications. Many of the proposed modifications are in
direct response to conditions as imposed due to the considerations of the of the
original report and NSIPP of the 6 July 2016
The amended proposal has been considered against the requirements of NSLEP
2013 and NSDCP 2013. The modified development is generally consistent with
the aims of the zone and the desired future character under the LEP 2013 and
DCP 2013.
Council’s notification of the modified proposal has attracted a total of two (2)
submissions, one being in support of the proposal and the other raising
particular concerns regarding solar access and privacy and structures located on
the boundary. Notwithstanding this, the matter is reported to NSIPP due to the
Councillor call up.
The assessment of the proposal has considered the concerns raised in the
submissions as well as the performance of the application against Council’s
planning requirements. The modifications make limited alteration with regard
the approved built form however many are in direct response to the conditions
which were imposed upon the development consent.
The matters relating to the retractable awning and revised balustrade structure
to the upper terraces are supported due to their lack of inherent impact to the
adjoining property and as such, refinements to conditions C26 and C28 are
recommended to allow the revisions to proceed.
The modified entry proposal to the southern access point and the roof lych gate
structure are supported to the extent that no objection is raised to the gate and
general ground level works. However, the proposed sheltering structure is not
supported and recommended for deletion via a new condition.
Generally, the remaining modifications continue to be in context and is in
keeping with the desired future character of the area. Accordingly, the
application is recommended for approval subject to modification to conditions
as included.
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 the provisions of Section 96(2) of the Environmental Planning and
Assessment Act 1979, resolve to grant consent to Development Application
No. 474/15/2 to modify DA474/15 with regard to new lych gate, verandah, store
room, internal stairs, shade structure, roof extension, pool reconfiguration,
return to front entry steps, reconfiguration of retaining walls, steps, paths and
landscaping and other associated modifications to the existing dwelling at No.
29 Milray Avenue, Wollstonecraft, subject to the following modification to the
conditions:
1.To amend Condition A1, C26 and C28, as follows: -
Development in Accordance with Plans (Section 96 Amendments) 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
03a C Demolition Ground Floor
Plan
POC+P Architects 18.05.2016
04a C Demolition First Floor Plan POC+P Architects 18.05.2016
05a C Demolition Basement Plan POC+P Architects 18.05.2016
10 C Proposed Ground Floor Plan POC+P Architects 18.05.2016
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 13
11 C Proposed First Floor Plan POC+P Architects 18.05.2016
12 C Proposed Basement Plan POC+P Architects 18.05.2016
13 C Proposed Roof Plan POC+P Architects 18.05.2016
14 C Proposed North + East
Elevations
POC+P Architects 18.05.2016
15 C Proposed South + West
Elevations
POC+P Architects 18.05.2016
16 C Proposed Section A-A POC+P Architects 18.05.2016
17 C Proposed Landscape Plan POC+P Architects 18.05.2016
except where amended by the following conditions and as modified by
highlighting on: (b)Section 96 DA474/15/3 Drawings as per the following table
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
Balustrade to Rear Upper Deck C26.The existing balustrade to southern side of the rear upper deck is to be set
back in accordance with the revise proposal as detailed in the plans approved
under DA474/15/2 and incorporate a maximum 1.0 metres high solid masonry
planter. At no point is the planter and any adjoining balustrading be less than
500 mm to the southern extent of the terrace.
Plantings to be placed in the planter are to be a species of which has a maximum
mature height spread above the planter top of no more than 200 mm.
Plans and specifications complying with this condition must be submitted to the
Certifying Authority for approval prior to the issue of any amended
Construction Certificate. The Certifying Authority must ensure that the building
plans and specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure an adequate level of privacy and amenity is provided to
adjoining property located at No. 27 Milray Avenue, Wollstonecraft)
Vergola to Rear Deck C28.The proposed vergola to the rear upper deck is to be deleted in lieu of the
lightweight and retractable shade sail structure approved under DA474/15/2.
Plans and specifications complying with this condition must be submitted to the
Certifying Authority for approval prior to the issue of any amended
Construction Certificate. The Certifying Authority must ensure that the building
plans and specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure an adequate level of solar access is provided to adjoining
property located at No. 27 Milray Avenue, Wollstonecraft)
2.To insert the following new Conditions C30, I1 and I2 as follows: -
Structure over Side Access
C30.The three metre-high lightweight fibrous cement and timber framing
structure with roof over the southern side access gate is to be deleted from 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 amended
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.
Plan
No.
Issue Title Drawn by Received
A3 20 2 Basement Floor Plan Envirotecture 15 June 2017
A3 22 10 First Floor Plan Envirotecture 15 June 2017
L/01 A Landscape Plan Section 96 A Total Concept 13 July 2017
L/02 Sections Section 96 A Total Concept 13 July 2017
L/03 A Elevation Section 96 A Total Concept 13 July 2017
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 14
(Reason: To provide a sense of address and clear identification of the dwelling
entrance)
Retractable Shade Sail to Rear Deck I1. The lightweight and retractable shade sail structure approved under
DA474/15/2 is to be maintained as a lightweight structure and to be kept
retracted at all times when the rear terrace is not in use.
The structure is to be maintained as a light weight structure and at no time is the
structure to be made into a permanent awning or vergola structure.
(Reason: To ensure an adequate level of solar access is provided to adjoining
property located at No. 27 Milray Avenue, Wollstonecraft)
Rear Terrace Southern Planter
I2. The planting within the southern rear terrace planter are to be maintained to
ensure the species contained within a maintained to a mature maximum height
of 200 mm above the planter edge.
(Reason: To ensure an adequate level of solar access is provided to adjoining
property located at No. 27 Milray Avenue, Wollstonecraft)
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 2 August 2017.
NORTH SYDNEY INDEPENDENT PLANNING PANEL
DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL
MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 2 AUGUST
2017, AT 2.00PM.
PRESENT
Chair:
Jan Murrell in the Chair.
Panel Members:
Francesca O’Brien, Panel Member
Virginia Waller, Panel Member
Michael Harrison, Panel Member
Staff:
Stephen Beattie - Manager Development Services
David Hoy - Team Leader Assessments
Robyn Pearson - Team Leader Assessments
Peita Rose - Governance Officer (Minutes)
Apologies: Nil.
1. Minutes of Previous Meeting
The Minutes of the NSIPP Meeting of 5 July 2017 were confirmed following that meeting.
2. Declarations of Interest: Nil
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 02/08/17 Page No 2
This is Page No 2 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 2 August 2017.
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:
167/17
ADDRESS:
21/ 51-55 Upper Pitt Street, Kirribilli
PROPOSAL:
Alterations and additions to an existing penthouse apartment
REPORT BY NAME:
Christopher Ross
REASON FOR NSIPP
REFERRAL:
Departure from height controls, number of submissions
APPLICANT: Thrum Architects
Public submissions
Nick Juradowitch - Ingham Planning (responding to issues raised by objectors)
Business Item Recommendations
The Council Officer’s Report and recommendation for approval subject to conditions is endorsed by
the Panel.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Virginia Waller X
Francesca O’Brien X Michael Harrison X
ITEM 2
DA No:
102/17
ADDRESS:
137 Carabella Street, Kirribilli
PROPOSAL:
Alterations and additions to an existing 3 storey semi-detached
dwelling including an extension of the existing first floor balcony on
the existing bedroom (ground floor level).
REPORT BY NAME:
Hugh Shouldice, Student Assessment Officer
REASON FOR NSIPP
REFERRAL:
To ensure a fair and equitable decision along the Carabella Street
terrace buildings.
APPLICANT: Susanne Greeves
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 02/08/17 Page No 3
This is Page No 3 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 2 August 2017.
Public submissions
Tim Stewart - Town Planner
Business Item Recommendations
The Council Officer’s report and recommendation for approval subject to conditions is endorsed by
the Panel.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Virginia Waller X
Francesca O’Brien X Michael Harrison X
ITEM 3
DA No:
111/17
ADDRESS:
15B Shellcove Road, Kurraba Point
PROPOSAL:
Significant alterations and additions
REPORT BY NAME:
Kerry Gordon, Consultant Town Planner
REASON FOR NSIPP
REFERRAL:
Submitter is a Councillor
APPLICANT: Mark Anthony Tolhurst
Public submissions
John Bradley – Applicant’s Architect
John Oultram - Heritage Consultant
Anthony Kilias - on behalf of Paul Rappaport
Business Item Recommendations
The Consultant Planners report for approval is not endorsed by the Panel.
The Panel has determined that the application in its current form be refused for the reasons given below.
The Panel considers that the level of detail in the plans is insufficient having regard to this prime
waterfront location within a conservation area. The Panel is not satisfied that the built form outcome
as submitted would make a positive contribution to the area. However, the Panel is not opposed to a
contemporary replacement dwelling on the subject site provided it interprets elements of the character
of the conservation area such as:
Roof form, for example, a skillion roof (below the current ridge height and not materially having
an impact on the view to the harbour from the adjoining properties). This is considered to be a
better interpretation of the heritage character of the area;
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 02/08/17 Page No 4
This is Page No 4 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 2 August 2017.
Articulation of the built form, for example, a better resolution of the base of the building which in
the current DA presents too much as a horizontal mass;
Fenestration for example, details of the glazing proportions and masonry elements, location of
mullions/sills, fixed/sliding;
Materials, finishes and colours shown in a sample board. External colours are to be predominately
mid tone;
Architectural detail and resolution for example, deep reveals, eaves overhang, alignment of walls
and 1:20 scale to show quality of detailing;
Sustainability outcomes need to be demonstrated in accordance with NS DCP 2013 Part B Section
13.8;
The Panel encourages the applicant to consider showing an indicative design of the boat shed to
complement the design of the proposed dwelling.
The Panel acknowledges the applicants’ right under Section 82A of the Environmental Planning and
Assessment Act 1979 to submit amended plans to address the matters above.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Virginia Waller X
Francesca O’Brien X Michael Harrison X
ITEM 4
DA No:
134/17
ADDRESS:
6 Richmond Avenue, Cremorne
PROPOSAL:
Demolition of the existing attached dual occupancy and the
construction of a multi-dwelling housing development containing 2 x 3
bedroom units and 2 x 4 bedroom units with associated parking and
community title subdivision
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 and the level of public interest.
APPLICANT: Revelop Projects Pty Ltd
Public submissions
Anastasia Cauchois – Submitter
Ben Tesoriero - Director of Creative Planning Solutions (on behalf of Anastasia Cauchois-Submitter)
Daniel O’Keefe - Submitter
Anthony El-Hazouri - Director of Revelop Projects (applicant)
Felicia Barnes - PBD Architects
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 02/08/17 Page No 5
This is Page No 5 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 2 August 2017.
Business Item Recommendations
The Council Officer’s report, the addendum and recommendation for approval subject to conditions is
endorsed by the Panel.
The Panel is satisfied that the Clause 4.6 variation to the 8.5 m height control is justified and well
founded in the circumstances of this case.
The Panel notes that the non-compliances with the DCP do not create adverse impacts and are justified
in the circumstances where the design is responding to the heritage conservation requirements. The
merits of this application warrant approval given the context of the site and the zoning and would not
create a precedent.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Virginia Waller X
Francesca O’Brien X Michael Harrison X
ITEM 5
DA No:
140/17
ADDRESS:
142 Chandos Street, Crows Nest
PROPOSAL:
Alterations and additions to the existing semi-detached dwelling,
including first floor rear addition.
REPORT BY NAME:
Aloma Moriarty, Assessment Officer
REASON FOR NSIPP
REFERRAL:
Councillor Interest - Application called up by Councillor
Marchandeau and Councillor Beregi
APPLICANT: Red Rock Design
Public submissions
Rory Williams - Submittor
Richard Monckton - Red Rock Design (Applicant)
Business Item Recommendations
The Council Officer’s report and recommendation for approval subject to conditions is endorsed by
the Panel.
The Panel notes the 900mm setback to the eastern boundary to the first floor is less than the 1.5 m
guideline provided for in the DCP. However, it is noted that solar access to the adjoining dwelling at
No. 144 Chandos Street is reasonably maintained achieving 5 hours to the primary internal and external
spaces which meets the DCP requirements.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 02/08/17 Page No 6
This is Page No 6 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 2 August 2017.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell X Virginia Waller X
Francesca O’Brien X Michael Harrison X
The public meeting concluded at 3.50pm.
The Panel Determination session commenced at 3.55pm.
The Panel Determination session concluded at 5.55pm.
Endorsed by Jan Murrell
North Sydney Independent Planning Panel
2 August 2017
Recommended