Item - REPORTS...2872 2872 2872 2872 394320 (in stratum) (split for Valuation purposes only) Kelly's Place Childrens Centre Hume Street Carpark & North Sydney Indoor Sports Centre

Item ____IPP09_______ - REPORTS -______03/12/2014_________

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

NSIPP MEETING HELD ON 03/12/2014

Attachments:

1. Site Plan

2. Approved Plans

3. Approved Conditions of Consent

ADDRESS/WARD: 479 Pacific Highway, Crows Nest (W)

APPLICATION No: DA466/13

PROPOSAL: Section 96 modification to DA 466/13 (approved mixed use

building) seeking to amend various conditions of consent.

PLANS REF: Nil

OWNER: Pac479

APPLICANT: Wyndel Property Group

AUTHOR: Lara Huckstepp, Executive Planner

DATE OF REPORT: 17 November 2014

DATE LODGED: 26 September 2014

RECOMMENDATION: Approval

Report of Lara Huckstepp, Executive Planner Page 2

Re: 479 Pacific Highway, Crows Nest

EXECUTIVE SUMMARY

This modification application seeks approval for the modification of a number of imposed

conditions. The matter is reported to North Sydney Independent Planning Panel for

determination on the basis that the outstanding issue requested for deletion relates to the

provision of a car share space (go-get or similar) within the basement, and this requirement

is one which was imposed by NSIPP.

Notification of the proposal was not required given the modification relates only the deletion of

conditions.

The assessment has considered the performance of the application against Council‟s planning

requirements. The applicant‟s requested modifications are recommended for approval, with the

exception of conditions relating to stormwater provision. However it is considered that the issues

relating to stormwater provision have been satisfactorily addressed, and the applicant has verbally

advised they accept these conditions remaining in place.

LOCATION MAP

Page 3

Property/Applicant Submittors - Properties Notified

Re: 479 Pacific Highway, Crows Nest - DA 466/13HUME STREET

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DESCRIPTION OF PROPOSAL

The Section 96 modification application seeks consent to amend the following conditions of

consent:

1. Chimney / Flue

The application requests the deletion of Condition C18 (Chimney / Flue Discharge Location)

which sets requirements for the provision of any chimney / flue. The applicant asserts that the

development will not contain any chimneys or flues and that the condition is therefore not

relevant.

2. Setback requirement of 1.5m in Clarke Lane for services

The application seeks deletion of Parts (h) and (i) of Condition C35 (Road works to Clarke Lane)

which requires the creation of a 1.5m ground level easement to Clarke Lane extending 1.5m

vertically below ground, for the provision of services. The applicant asserts that a 1.5m setback

has been previously dedicated to Council, and that this further requirement is not applicable and

not necessary.

3. Drainage works in Clarke Lane

The application seeks amendment to Conditions C35 (Drainage works) and Condition C37 (b)

and (c) (Stormwater Management and Disposal Design Plan / Construction issue Detail) which

require the applicant to construct a stormwater drainage system to connect directly to a grated pit

on the site‟s Clarke Lane frontage.

The application requests that this requirement be deleted and that the site instead be constructed

to discharge their stormwater to Council‟s „existing stormwater system‟, rather than constructing

a new connection. This issue is discussed further within the report, however it has been

established that there is no existing stormwater system serving the site, and the applicant has

verbally advised they will accept the retention of these stormwater requirements outlined in the

conditions.

4. Provision of car share space within the basement

The application seeks the deletion of Condition C42 (Car Share Space) which was a condition

imposed by the NSIPP at its meeting held on 2 July 2014. The development provides a total of 16

car parking spaces, 12 of which were proposed to be allocated to the residential dwellings, and 4

allocated to the non-residential ground floor premises.

Following consideration of the development application, the NSIPP imposed Condition C42

which requires one of the allocated residential car parking spaces to instead be provided as a car

share (go-get or similar) that is available to the public. The condition further advises that in the

event an appropriate provider is not in place at the time of final occupation, the space shall be

used as visitor parking.

The applicant requests this condition be deleted as well as other conditions relating to the car



share space being Condition G3 which requires that the car share space be provided as a

restriction as to user and positive covenant, and Conditions G17 and I3 which both outline the car

parking allocation to include a car share space.

The modification application has been referred to NSIPP given that it seeks the deletion of

these conditions relating to the car share space that was imposed by the NSIPP.

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – B4 Mixed Use

Item of Heritage - No

In Vicinity of Item of Heritage – Yes (366 – 376 Pacific Highway, Crows Nest)

Conservation Area - No

FSBL - No

Environmental Planning & Assessment Act 1979

SEPP No. 55 - Contaminated Lands

SREP (2005)

Local Development

POLICY CONTROLS

DCP 2013

DESCRIPTION OF LOCALITY

The subject site is legally described as Lot 101 in DP747672 and has a site area of 707sqm. The

site is located on the eastern side of the Pacific Highway and has a rear lane frontage to Clarke

Lane.

Front Facade – Pacific Highway

Rear Facade – Clarke Lane



Adjoining the site to the north on the Pacific Highway is a two storey commercial building

containing Australia Post and adjoining the site to the south is another two storey commercial

building. To the rear of the site in Clarke Lane is a 6 storey commercial building.

RELEVANT HISTORY

Development Consent DA 466/13 was approved by NSIPP at its meeting held on 2 July 2014

and allowed the construction of a three storey mixed use building comprising:

Ground level retail accessed via the Pacific Highway

16 apartments proposing:

o 8 x studio apartments

o 8 x 2 bedroom apartments

1 level of basement carparking providing 16 car parking spaces, 20 bicycle car parking

spaces and 2 mortorbike spaces.

A delivery / loading bay is provided in Clarke Lane.

The subject modification application was submitted to Council on 26 September 2014.

REFERRALS

Building

The development application has not been specifically assessed in relation to compliance with the

Building Code of Australia. If the development application is unable to achieve compliance with

the BCA, an additional Section 96 Application may be lodged.

Engineering

The modification application was referred to Council‟s Development Engineer (V.Ristic).



No concerns were raised with the proposed deletion of the 1.5m setback requirement on the

grounds that a rear setback has already been dedicated to Council.

With regards to the proposed stormwater drainage works, no amendment to Conditions C35 &

C37 is supported. Council‟s consistent approach to stormwater drainage generated by the

approved development is that drainage must be discharged via a suitable pit, directly to Council‟s

nearest stormwater drainage line. No such connection is presently provided to the site, and as

such the applicant must be required to construct a suitable connection.

Planning Comments: The above comments are noted and agreed.

SUBMISSIONS

The modification was not required to be notified to adjoining properties in this instance in

accordance with Section 4 NSDCP 2013.

CONSIDERATION

The proposal is required to be assessed having regard to the following matters.

Section 96(1a) of the Environmental Planning and Assessment Act 1979 enables a consent authority

to modify a development consent upon application being sought by the applicant or any person

entitled to act on the consent, provided that the consent authority consider the following issues:

(a) It is satisfied that the proposed modification is of minimal environmental impact,

and

The proposed modification is considered to be of minimal environmental impact. There is no

change to the approved external building envelope. The proposed development will continue to

result in an acceptable impact on the locality.

(b) It is satisfied that the development to which the consent as modified relates is

substantially the same development as the development for which the consent was

originally granted and before that consent as originally granted was modified (if at

all), and

The proposed modifications are considered to be substantially the same as the approved

development.

(c) Whether the application required the concurrence of the relevant Minister, public

authority or approval body and any comments submitted by these bodies?

No concurrence is required.

(d) Whether any submissions were made concerning the proposed modification.

The modification was notified as set out within this report in accordance with the Regulations

and the NSDCP. No submissions were received.



(e) Any relevant considerations under Section 79C(1) of the Environmental Planning

and Assessment Act 1979.

Each proposed modification is considered as follows:

1. CHIMNEY / FLUE

Condition C18 was imposed as follows:

Chimney/Flue Discharge Location

C18. The height of the chimney/flue must be in accordance with the requirements of the

Building Code of Australia, and any relevant Australian Standard applicable to the type

and nature of heating appliance installed

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.

Note: If the design of the chimney/flue approved by this consent needs to be altered to

achieve compliance with this requirement, an application to modify this development

consent may be required, depending on the nature of the changes required.

(Reason: To ensure compliance with appropriate environmental standards and

protect residential amenity arising from chimney and flue installations)

Planning comment: The applicant advises that the proposed development does not propose any

chimneys. Whilst this condition is not considered to be onerous should no flue be proposed,

nonetheless its deletion is supported.

2. SETBACK REQUIREMENT OF 1.5M IN CLARKE LANE

Condition C35 (Required Infrastructure Works – Roads Act 1993) includes a requirement in parts

(h) and (i) wherein Council‟s Engineers required a 1.5m (including below ground) setback for

services. The relevant part of the condition is provided as follows (note – the full condition is

outlined within the recommendation):

Required Infrastructure Works – Roads Act 1993

C35. Prior to issue of the Construction Certificate the applicant must have engineering design

plans and specifications prepared by a qualified civil design engineer. The plans and

specifications must be to a detail suitable for construction issue purposes and must provide detail

and specification for the following infrastructure works to be completed as part of the

development:

Road Works on Clarke Lane



h) Easement shall be created pursuant to Section 88 B instruments under the Conveyance Act

1919 to provide for public rights of access within the setback areas as follows:

The 1.5 m setback (not dedication) to Angelo Street (should refer to Clarke Lane) frontage

placed as concrete pavement, extending down to a minimum of 1.5 m below the invert of the

gutter or surface of the laneway and extending up to 3.0 m above the footpath level.

i) Such easement shall be created and lodged with NSW Land and Property Information prior

to the occupation of the building or the issue of a certificate for strata subdivision of the

development whichever comes first.

The application seeks deletion of parts (h) and (i) on the basis that „the site has previously been

dedicated with prior development of this site and a footpath created‟. Council‟s Development

Engineer on further review considers this to be reasonable. The existing building is relatively

recent and was requested to be set back at the time. It is noted that no building setback has been

required in any case. It therefore recommended that these parts be deleted from the condition.

3. DRAINAGE WORKS TO CLARKE LANE

Condition C35 (Required Infrastructure Works – Roads Act 1993) (Road works in Clarke Lane)

parts (a) & (b) and Condition C37 (Stormwater Management and Disposal Design Plan /

Construction issue Detail) parts (b) and (c) require that the applicant construct a new stormwater

connection to Clarke Lane as follows:

35. Drainage works

Connection of the site stormwater drainage system must be made directly to a newly

constructed grated gully pit (with lintel), to front the site on Clarke Lane. To

accommodate this requirement, the following drainage infrastructure works must be

carried out on Council property at the Applicants expense:

(a) Construction of a standard grated gully pit with extended kerb inlet (1.8m lintel) in

the kerb fronting the subject site in Clarke Lane. The pit must be constructed in

accordance with Council‟s Infrastructure Specification for Roadwork, Drainage and

Miscellaneous Works‟.

(b) Construction of a new in-ground drainage line under the kerb and gutter at standard

depth. The line must connect the new gully pit to the existing Council pit located

downstream of the site on Clarke Lane. The pipes within the road reserve are to be

reinforced concrete class 2 with a minimum 375mm diameter and have bedding in

accordance with Australian Standard AS3725 (Loads on buried concrete pipes). The

developer shall be responsible for carrying out any service investigations to allow a

gravity connection.

37 (b) Stormwater runoff and subsoil drainage generated by the approved dwelling must

be conveyed in a controlled manner by gravity, via a direct connection to a new

stormwater gully pit in Clarke Lane (which is to be constructed in front of the

proposed development). When a direct connection to the pit option is

implemented then the pipeline within the footpath area must have a minimum

cover of 450mm.



(c) The new – minimum 375mm reinforced pipeline in Clarke Lane is to be constructed

between the new pit and existing pit located downstream of the site on Clarke Lane.

Within the road reserve, the pipe must have a minimum cover of 450mm.

The applicant‟s submission requests deletion of these requirements, requesting instead that that

the new building be drained to the existing stormwater piped system. The applicant provided the

following response:

„The subject site is fully paved or developed and as such, the approved development will

result in no additional stormwater runoff from the site. As the runoff from the site post

development will not change from the pre-development runoff situation in terms of either

volume or speed of runoff, no change to Council‟s existing stormwater system is required

to cater for the stormwater discharge of the approved development and as such, there is

no nexus between the works required by the conditions and the approved development‟

As set out within the Engineering Referral Section, Council‟s Development Engineer does not

support the deletion of these components of the condition. It is established that there is no

existing stormwater connection serving the site, and presently the site discharges to the Pacific

Highway, which is unacceptable. Council‟s Development Engineer advises the new stormwater

connection to Clarke Lane must be made.

The applicant has since discussed this issue with Council‟s Development Engineer and has

verbally advised that they accept the retention of these stormwater conditions under the

circumstances.

4. PROVISION OF A CAR SHARE SPACE WITHIN THE BASEMENT

Conditions C42, G3, G17 and I3 all relate to the requirement for the development to provide a

„community car share space‟ within the basement. Condition C42 was imposed by NSIPP at its

meeting held on 2 July 2013 as follows:

Community Car Share

C42. One of the basement residential car parking spaces shall be dedicated for a shared car

(go get or similar) that is available to the public. In the event an appropriate service

provider is not in place at the time of final occupation, this space shall be used as visitor

parking.

The Panel reason for imposition of this condition was to „facilitate sustainable transport’.

The applicant also seeks to modify Conditions G3, G17 and I3 to remove the reference to the car

share space. These conditions were imposed as follows:

Covenant & Restriction (Stormwater Control Systems and Single Car Share Space)

G3. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and one copy

must be submitted to Council in registrable form, providing for:

a. a restriction as to user and positive covenant as to user as appropriate in favour of North

Sydney Council burdening 479 Pacific Highway requiring the ongoing retention,

maintenance and operation of the stormwater facility (pump-out);



b. A restriction as to user and positive covenant as to user as appropriate in favour of North

Sydney Council burdening 479 Pacific Highway requiring the provision and retention of a

single car share space with the basement.

c. North Sydney Council being nominated in the Instrument as the only party authorised to

release, vary or modify the Instrument;

d. the wording on the Instrument making reference to the Council file/s which hold:

(a) the Construction plans; and

(b) the “Work-as-Executed” (as built) plans;

Upon Council being satisfied as to the terms of the Instrument, North Sydney Council‟s official

seal will be affixed to these documents, prior to submission to the Land & Property Information

Office for registration

The Instrument creating the restriction and/or covenant under 88B and 88E required by this

condition of consent must be registered on the Title of the development site prior to the issue of an

Occupation Certificate or commencement of use of the site, whichever is the earlier.

Typical wording for the Instrument relating to the stormwater component can be sourced from

Councils “Specification for the Management of Stormwater”.

Evidence of the registration of the instrument referred to in this condition is to be provided to

Council prior to the issue of an Occupation Certificate.

All costs associated with the preparation, approval and registration of the Instrument required by

this condition of consent must be borne by the person acting on this consent including the

reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating

the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system and to ensure a car

share space is retained on the site)

Allocation of Spaces

G17. Car parking spaces must be provided and maintained at all times on the subject site.

The spaces shall be allocated to uses within the building in accordance the following

table:

11 Residential

4 Commercial

1 Car share

In the case of Strata subdivision any car parking for strata lots for residential

purposes must be individually allocated to its corresponding residential strata lot as

part of each lots' unit entitlement.

(Reason: To ensure that adequate parking facilities to service the development are

provided on site)


13. The allocation of car parking spaces with the development must be maintained at all times in

accordance with the terms of this consent. The allocation of spaces must be maintained in

accordance with the following table:



11 Residential

4 Commercial

1 Car Share

Car parking spaces provided must only be used in conjunction with the approved uses contained

within the development.

In the case of Strata Subdivision any car parking for strata lots for residential purposes must be

individually allocated to its corresponding residential strata lot as part of each lot‟s unit

entitlement.

Visitor parking facilities must be designated as common property on the strata plan. Visitor

parking facilities must not at any time be allocated, sold, licensed or leased for the exclusive use

of any occupier or owner and must be retained as common property by the Owners Corporation

for use by building visitors.


provided on site).

The applicant‟s justification for deletion of this requirement is: It is requested that this condition

be deleted as it is inconsistent with the requirements of DCP2013, Part B Section 10.2.2 which

clearly states within the note that „the installation of car share parking to replace general off-

street parking is optional and at the discretion of the developer‟. This condition was not

recommended by Council staff and was included within the consent conditions by the NSIPP

without any consultation with the developer of the proposal. As such the condition is inconsistent

with the requirements of DCP2013 and is inappropriate.

Further, the condition would require that the basement parking be accessible by the general

public at all times. This would compromise security to the development and would also

compromise the safety of the residents living in the building and accessing the car parking as the

parking area could not be secured at any time, which would be contrary to the requirements of

the Safer by Design Guidelines.

Finally, no nexus has been established between the proposed development and the need to

provide for a car share space. Such a requirement has not been placed on similar approvals and

there is no reason why it should be placed upon the approval for this development. It is therefore

considered that the condition is ultra vires and Council has no legal power to place such a

condition on the consent.‟

Planning Comment: The approved development provides 16 apartments and 424sqm of non-

residential floor space detailed to be provided as 3 tenancies. The proposed parking spaces and

the level of compliance is detailed below:-

DCP2013 Approved Proposed

Residential 12 11 12

Non-residential 7 4 4

Visitor 0 0 0

Car Share 0 1 0

The consideration of whether or not to delete the requirement for a car share space is one for the



NSIPP given it was imposed by the NSIPP and not recommended by Council Officers. However,

the following is offered from a policy perspective. Section 10.2.2 (Car Share Schemes) of

DCP2013 provides the following:

10.2.2 Car Share Schemes

Car Sharing Schemes can be designed to enhance sustainable transport modes, such as

walking, cycling and public transport by filling a „mobility gap‟ – that is providing

access to a vehicle on an „as needs‟ basis, without the high cost of ownership or private

parking space provision.

Objectives

O1. To minimise the impact on the safety and efficiency of existing roads.

Provisions

P1 Council may consider the provision of car share parking in residential, mixed use

and commercial developments but only if:

(a) The number of car share parking spaces provided does not replace more

than 25% of the total off-street parking requirement if those car share

space had not been provided, excluding any residential visitor parking

spaces; and

(b) Each car share space does not replace less than 3 or more than 4

residential and / or non-residential parking spaces.

Note: The installation of car share parking to replace general off-street parking is

optional and at the discretion of the developer.

As can be seen above, the installation of a car share parking space to replace off-street parking is

optional and at the discretion of the developer. In this instance the developer does not elect to

provide such a space.

It is noted that the subject development is deficient by 3 non-residential commercial parking

spaces. In the opinion of the Assessment Officer, this non-compliance was supported at the time

given that:

The car parking provision allows for at least 1 car parking space for each proposed non-

residential tenancy (there being 3 proposed);

Additional car parking of 3 cars to provide technical compliance would require a further

level of basement parking, which is considered to be unwarranted in the circumstances;

Council‟s controls as set out Section 10 NSDCP2013 are a maximum, and not a

minimum.

The site is well-located with regards to public transport being located on the Pacific

Highway.

The site is within easy walking distance of at least 3 Council operated parking stations of

which one, Hume Street, is generally underutilised.

It is also noted that the DCP2013 does not require nor allow any visitor car parking within



developments in the B4 Mixed Use Zone.

Despite the above assessment offered, the condition was imposed by the NSIPP and as such

the matter has been referred back for their consideration of the issue.

The proposed modifications do not alter the approved development scheme's compliance with the

requirements of any relevant State Plan or Policy. The proposed development is considered to

continue to the consistent with the provisions of the NSLEP 2013 and NSDCP 2013 and all

relevant plans and policies, in so far as have been outlined above.

(b) The likely impacts of that development, including environmental impacts on both the

natural and built environments, and social and economic impacts in the locality.

All likely impacts of the proposed modification are considered to have been addressed in this

report.

(c) The suitability of the site for the development.

The subject site continues to be suitable for the proposed development.

(d) Any submissions made in accordance with this Act or the regulations.

The modification was not notified to surrounding properties.

(e) The public interest.

The proposed development is considered to be in the public‟s interest.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

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

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities Yes

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)



8. Site Management Issues Yes

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979

CONCLUSION

The proposed modification to delete Condition C18 (Chimney/Flue) and parts h & i of Condition

C35 (Required Infrastructure Works) relating to the 1.5m below ground setback for services, are

both supported and recommended for deletion.

With regards to the stormwater requirements, the applicant has been advised of the requirement

to discharge stormwater to the rear of Clarke Lane and has verbally indicated that they raise no

objection to this requirement remaining in place. As such, this issue is considered to be

substantially resolved.

The outstanding issue remains the requirement in Condition C42 (and associated conditions G3,

G17, and I3) which require the provision of a car share parking space within the basement. This

requirement was not recommended by Council Officers, and was imposed by the NSIPP when it

approved the subject mixed use building at its meeting held on 2 July 2014. The applicant now

requests removal of this condition and as such, the matter is referred back to the Panel for their

consideration.

RECOMMENDATION

PURSUANT TO SECTION 96 OF THE 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 modify its Development Consent No.

466/13/2 which allowed the construction of a mixed use building at No.479 Pacific Highway,

Crows Nest, under the provisions of Section 96 of the Environmental Planning and Assessment

At only in so far as will provide for the following:-

1. To Delete Condition C18 (Chimney / Flue Discharge Location)

2. To amend Condition C35 (Roadworks to Clarke Lane) only in so far as to delete parts

(h) and (i) as follows:-

Required Infrastructure Works –Roads Act 1993

C35. Prior to issue of the Construction Certificate the applicant must have engineering design

plans and specifications prepared by a qualified civil design engineer. The plans and

specifications must be to a detail suitable for construction issue purposes and must

provide detail and specification for the following infrastructure works to be completed as

part of the development:

Road Works on Pacific Highway



a) Construction of a fully new replacement of footpath is required across the entire site

frontage in Pacific Highway. A longitudinal section is required along the footpath

property boundary at a scale of 1:50 extending 5m past the property boundary line.

The footpath shall be designed (at a single straight grade of 3% falling to top of kerb)

so that it is uniform without showing signs of dipping or rising particularly at

entrances.

b) The footpath pavement must be full width constructed of concrete pavers, in

accordance with Council‟s standard drawings No S401, S403, S404 and S405,

placed adjacent to the front boundary of the property. The pavers selected must be as

specified in Council‟s infrastructure specification, if a specific type of pavers has not

been required from Council prior to the Construction Certificate.

c) Reconstruction of a fully new kerb and gutter is required across the entire site

frontage in Pacific Highway, if damaged.

d) Cross sections at a scale of 1:50 along the centre-line of each access point (from

Pacific Highway and Clarke Lane) to the building must be provided and are to show

the calculated clearance to the underside of any overhead structure. All entry points

(from Pacific Highway and Clarke Lane) are to comply with the Building Code of

Australia (BCA), particularly disability requirements.

e) The Council approved footpath levels must be accommodated at the building entry

points

Road Works on Clarke Lane

a) The redundant layback crossings on Clarke Lane must be reinstated as upright kerb,

gutter and paved footpath.

b) The vehicular crossing on Clarke Lane (access to underground parking and delivery

bay) must be constructed of interlocking pavers, in accordance with Council‟s

standard drawings: S 402 and S 403. The pavers for driveway crossings must be as



c) The footpath pavement must be full width constructed of concrete pavers, in

accordance with Council‟s standard drawings No S401, S403, S404 and S405,

placed adjacent to the front boundary of the property. The pavers selected must be as



d) Construction of a fully new kerb and gutter is required across the entire site frontage

in Clarke Lane. A longitudinal section is required along the gutter line (existing and

proposed levels), at a scale of 1:50, showing how it is intended to transition the

layback with the existing gutter levels.

e) The kerb, gutter and footpath are to be transitioned as necessary on both sides of the

proposed layback crossings. Kerb, gutter and footpath transition works are required

to provide continuity on the street.



f) Half road reconstruction is required across the entire site frontage in Clarke Lane.

g) A longitudinal section along the footpath property boundary at a scale of 1:50 is

required.

h) Easement shall be created pursuant to Section 88 B instruments under the

Conveyance Act 1919 to provide for public rights of access within the setback areas

as follows:

The 1.5 m setback (not dedication) to Angelo Street frontage placed as concrete

pavement, extending down to a minimum of 1.5 m below the invert of the gutter or

surface of the laneway and extending up to 3.0 m above the footpath level.

i) Such easement shall be created and lodged with NSW Land and Property

Information prior to the occupation of the building or the issue of a certificate for

strata subdivision of the development whichever comes first.

Drainage Works

Connection of the site stormwater drainage system must be made directly to a newly

constructed grated gully pit (with lintel), to front the site on Clarke Lane. To

accommodate this requirement, the following drainage infrastructure works must be

carried out on Council property at the Applicants expense:

a) Construction of a standard grated gully pit with extended kerb inlet (1.8 m lintel) in

the kerb fronting the subject site in Clarke Lane. The pit must be constructed in

accordance with Councils “Infrastructure Specification for Roadwork, Drainage and

Miscellaneous Works”.

b) Construction of a new in-ground drainage line under the kerb and gutter at standard

depth. The line must connect the new gully pit to the existing Council pit located

downstream of the site on Clarke Lane. The pipes within the road reserve are to be

reinforced concrete class 2 with a minimum 375 mm diameter and have bedding in

accordance with Australian Standard AS 3725 – (Loads on buried concrete pipes).

The developer shall be responsible for carrying out any service investigations to

allow a gravity connection.

As many of Ausgrid's electricity cables are located within roadways and the public road

reserve area, applicant‟s assistance would be appreciated by informing Ausgrid of any

proposed work where the Dial Before you Dig enquiry indicates electricity cables in the

area. Any advice or concern can be emailed to [email protected],au and a

Planner will be assigned to assist applicant.

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.

Certifying Authorities must not issue a Construction Certificate without the formal

written approval of Council (as Roads Authority) under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with North Sydney

Council‟s current documents Infrastructure Specification for Road Works, Drainage and



Miscellaneous Works and Performance Guide for Engineering Design and Construction.

The drawings must detail existing utility services and trees affected by the works, erosion

control requirements and traffic management requirements during the course of works.

Detailed survey must be undertaken as required. Traffic management is to be certified on

the drawings as being in accordance with the documents SAA HB 81.1 – 1996 – Field

Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work

Sites (1998). Construction of the works must proceed only in accordance with any

conditions attached to the Council Roads Act 1993 approval.

Note: A minimum of 21 days will be required for Council to assess Roads Act

submissions. Early submission is recommended to avoid any delays in obtaining

a Construction Certificate. A fee to cover cost of assessment (set out in Council‟s

adopted fees and charges) is payable and Council will withhold any consent and

approved plans until full payment of the correct fees. Plans and specifications

must be marked to the attention of Council‟s Development Engineers. In addition,

a copy of this condition must be provided, together with a covering letter stating

the full address of the property and the accompanying DA number.

(Reason: To ensure infrastructure works are designed and constructed to appropriate

standards and requirements of the Roads Act 1993)

3. To Delete Condition C42 (Community Car Share)

4. To amend Condition G3 as follows:

Covenant & Restriction (Stormwater Control Systems and Single Car Share Space)

G3. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and one

copy must be submitted to Council in registrable form, providing for:

a. a restriction as to user and positive covenant as to user as appropriate in favour of

North Sydney Council burdening 479 Pacific Highway requiring the ongoing

retention, maintenance and operation of the stormwater facility (pump-out);

b. A restriction as to user and positive covenant as to user as appropriate in favour of

North Sydney Council burdening 479 Pacific Highway requiring the provision and

retention of a single car share space with the basement.

c. North Sydney Council being nominated in the Instrument as the only party

authorised to release, vary or modify the Instrument;

d. the wording on the Instrument making reference to the Council file/s which hold:

(a) the Construction plans; and

(b) the “Work-as-Executed” (as built) plans

Upon Council being satisfied as to the terms of the Instrument, North Sydney Council‟s

official seal will be affixed to these documents, prior to submission to the Land &

Property Information Office for registration



The Instrument creating the restriction and/or covenant under 88B and 88E required by

this condition of consent must be registered on the Title of the development site prior to

the issue of an Occupation Certificate or commencement of use of the site, whichever is

the earlier.

Typical wording for the Instrument relating to the stormwater component can be sourced

from Councils “Specification for the Management of Stormwater”.

Evidence of the registration of the instrument referred to in this condition is to be

provided to Council prior to the issue of an Occupation Certificate.

All costs associated with the preparation, approval and registration of the Instrument

required by this condition of consent must be borne by the person acting on this consent

including the reasonable costs of Council in obtaining advice, negotiating the terms or

otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system and to ensure a

car share space is retained on the site)

5. To amend Condition G17 as follows:-


G17. Car parking spaces must be provided and maintained at all times on the subject site. The

spaces shall be allocated to uses within the building in accordance the following table:

11 12 residential

4 commercial

1 car share

The car parking spaces are to be identified on-site by line-marking and numbering upon the

completion of the works and prior to issue of Occupation Certificate. Car parking spaces

provided must only be used in conjunction with the approved uses contained within the

development.

In the case of Strata subdivision any car parking for strata lots for residential purposes must

be individually allocated to its corresponding residential strata lot as part of each lots' unit

entitlement.


provided on site)

6. To amend Condition I3 as follows:-


I3. The allocation of Carparking spaces within the development must be maintained at all

times in accordance with the terms of this consent. The allocation of spaces must be

maintained in accordance with the following table:



11 12 residential

4 commercial

1 car share

Car parking spaces provided must only be used in conjunction with the approved uses

contained within the development.

In the case of Strata subdivision any car parking for strata lots for residential purposes

must be individually allocated to its corresponding residential strata lot as part of each

lots unit entitlement.

Visitor parking facilities must be designated as common property on the strata plan.

Visitor parking facilities must not at any time be allocated, sold, licensed or leased for the

exclusive use of any occupier or owner and must be retained as common property by the

Owners Corporation for use by building visitors.


provided on site)

Lara Huckstepp Stephen Beattie

EXECUTIVE PLANNER MANAGER DEVELOPMENT SERVICES

Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based on information contained in this map without first checking details held by the responsible Government authority.

Further details can be obtained by calling (02) 9936 8100 or e-mail [email protected].

North Sydney Council

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Sec 6

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512082

ATTACHMENT TO IPP09 - 03/12/2014 Page 21

Wyndel Property Group

Suite 101 17 Grosvenor Street

NEUTRAL BAY NSW 2089

D466/13

LH (PDS)

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 AS AMENDED

ROADS ACT 1993, AND LOCAL GOVERNMENT ACT 1993 AS APPLICABLE

Notice to Applicant of Determination of a Development Application

Pursuant to Section 81 of the Act, notice is given that Development Application No. 466/13

proposing demolition of existing building and construction of a three storey mixed-used

building and basement carparking on land described as 479 Pacific Highway, Crows Nest

was determined by North Sydney Independent Planning Panel (NSIPP) at its meeting of

2 July 2014 by the granting of consent subject to the conditions below. Where indicated,

approval is also granted for works on public roads under the provisions of Section 138 of the

Roads Act 1993 and Section 68 of the Local Government Act 1993.

A. Conditions that Identify Approved Plans

Development in Accordance with Plans/documentation

A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council‟s approval stamp, except where amended

by the following conditions of this consent.

Plan No. Dated Drawn by Received

A103, A106, A108, A109 13/12/2013 Wyndel Property Group 27/12/2013

A104B, A105A, A107B,

A110B, A111B, A112A

6/6/2014 Wyndel Property Group 10/6/2014

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

accordance with the determination of Council, Public Information)

Plans on Site

A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction

Certificate) must be kept on site at all times so as to be readily available for perusal

by any officer of Council or the Principal Certifying Authority.

Original signed by Lara Huckstepp on 21/7/2014

Date determined: 2/7/14

Date operates: 21/7/14

Date lapses: 21/7/2019


RE: 479 PACIFIC HIGHWAY, CROWS NEST

DEVELOPMENT APPLICATION NO. 466/13 Page 2 of 55

J:\pesadmin\DOCS\PDS rego 2014\2014 Consents for DW rego only\466_13 479 Pacific Hwy Crows Nest ym.doc

All documents kept on site in accordance with this condition must be provided to any

officer of the Council or the certifying authority upon their request.


accordance with the determination of Council, Public Information

and to ensure ongoing compliance)

External Finishes & Materials

A3. External finishes and materials must be in accordance with the submitted schedule on

DA A106 dated 13/12/2013, prepared by Wyndel Property Group and received by

Council on 27/12/2013 unless otherwise modified by Council in writing.


accordance with the determination of Council, Public Information)

B. Ancillary Matters to be Completed Prior to Issue of a Construction Certificate

Construction and Traffic Management Plan (Major DAs & sites with difficult access)

B1. Prior to issue of any Construction Certificate, a Construction and Traffic

Management Plan must be prepared. The following matters must be specifically

addressed in the Plan:

1. A plan view (min 1:100 scale) of the entire site and frontage roadways

indicating:

a) Dedicated construction site entrances and exits, controlled by a certified

traffic controller, to safely manage pedestrians and construction related

vehicles in the frontage roadways,

b) RTA approved signage type and location to manage pedestrian in the

vicinity,

c) The locations of any proposed Work Zones in the frontage roadways,

d) Locations and type of hoardings proposed,

e) Area of site sheds and the like,

f) Location of any proposed crane standing areas,

g) A dedicated unloading and loading point within the site for all construction

vehicles, plant and deliveries,

h) Material, plant and spoil bin storage areas within the site, where all materials

are to be dropped off and collected.

i) The provision of an on-site parking area for employees, tradesperson and

construction vehicles as far as possible.

j) The residents/occupiers are to be updated on a monthly basis and at key

construction stages and be provided with a phone number to contact the site

manager.

2. A detailed description and route map of the proposed route for vehicles

involved in spoil removal, material delivery and machine floorage must be

provided:





a) Light traffic roads and those subject to a load or height limit must be

avoided at all times.

b) Once approved from Traffic Committee, a copy of the route is to be made

available to all contractors, and shall be clearly depicted at a location within

the site.

3. Traffic Control Plan(s) for the site incorporating following:

a) All Traffic control measures proposed in the road reserve that are in

accordance with the RMS publication “Traffic Control Worksite Manual”

and designed by a person licensed to do so (minimum RMS „red card‟

qualification).

b) The main stages of the development requiring specific construction

management measures are to be identified and specific traffic control

measures identified for each.

4. Waste Management Plan

A Waste Management Plan must be in accordance with the provisions of Part

B Section 19 of the North Sydney DCP 2013 must be provided. The Waste

Management Plan must include, but not be limited to, the estimated volume

of waste and method of disposal for the construction and operation phases of

the development, design of on-site waste storage and recycling area and

administrative arrangements for waste and recycling management during the

construction process.

5. Evidence of RMS concurrence where construction access is provided directly

or within 20 m of an Arterial and/or Classified Road;

6. A schedule of site inductions to be held on regular occasions and as

determined necessary to ensure all new employees are aware of the

construction management obligations. These must specify that construction-

related vehicles to comply with the approved requirements; and

7. For those construction personnel that drive to the site, the Site Manager shall

attempt to provide on-site parking so that their personnel‟s vehicles do not

impact on the current parking demand in the area.

A suitably qualified and experienced traffic engineer or consultant shall prepare the

Construction and Traffic Management Plan. The construction management measures

contained in the approved plan must be implemented in accordance with the plan

prior to the commencement of, and during, works on-site. As the plan has a direct

impact on the local road network and public amenity, the plan must be submitted to

and reviewed by Council prior to the issue of any Construction Certificate. A

certificate of compliance with this condition from Council‟s Development Engineers

as to the result of this review must be obtained and must be submitted as part of the

supporting documentation lodged with the Certifying Authority for approval of the

application for a Construction Certificate.





A copy of the approved Construction and Traffic Management Plan must be

kept on the site at all times and be made available to any officer of the Council

on request.

Notes:

1) North Sydney Council‟s adopted fee for certification of compliance with this

condition shall be payable on lodgement, or in any event, prior to the issue of the

relevant approval.

2) Any use of Council property will require appropriate approvals and

demonstration of liability insurances prior to such work commencing.

3) Failure to provide complete and detailed information may result in delays. It is

recommended that your Construction Management Plan be lodged with Council

as early as possible.

4) Dependent on the circumstances of the site, Council may request additional

information to that detailed above.

(Reason: To ensure appropriate measures have been considered for site access,

storage and the operation of the site during all phases of the

demolition and construction process in a manner that respects

adjoining owner‟s property rights and residential amenity in the

locality, without unreasonable inconvenience to the community)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated).

Dilapidation Report Damage to Public Infrastructure

C1. A dilapidation survey and report (including photographic record) must be prepared

by a suitably qualified consultant which details the pre-developed condition of the

existing public infrastructure in the vicinity of the development site. Particular

attention must be paid to accurately recording any pre-developed damaged areas so

that Council is fully informed when assessing any damage to public infrastructure

caused as a result of the development. A copy of the dilapidation survey and report

is to be submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate.

The developer may be held liable for all damage to public infrastructure in the

vicinity of the site, where such damage is not accurately recorded and demonstrated

as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public

infrastructure damaged as a result of the carrying out of the development, and no

occupation of the development shall occur until damage caused as a result of the

carrying out of the development is rectified.





A copy of the dilapidation survey and report must be lodged with North Sydney

Council by the Certifying Authority with submission of the Construction Certificate

documentation.

(Reason: To record the condition of public infrastructure prior to the

commencement of construction)

Dilapidation Report Private Property (Excavation)

C2. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the „zone of influence‟ of the required excavations

must be submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate. The zone of influence is to be defined as the horizontal

distance from the edge of the excavation face to twice the excavation depth.

The dilapidation report and survey is to be prepared by a consulting

structural/geotechnical engineer agreed to by both the applicant and the owner of any

affected adjoining property.

All costs incurred in achieving compliance with this condition shall be borne by the

person entitled to act on this Consent.

In the event that access for undertaking the dilapidation survey is denied by an

adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the

satisfaction of Council that all reasonable steps have been taken to obtain access and

advise the affected property owner of the reason for the survey and that these steps

have failed. Written concurrence must be obtained from Council in such

circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

the developer or affected property owner to assist in any action required to

resolve any dispute over damage to adjoining properties arising from the

works. It is in the applicant‟s and adjoining owner‟s interest for it to be as

full and detailed as possible.

(Reason: To record the condition of property/ies prior to the commencement of

construction)

Dilapidation Survey Private Property (Neighbouring Buildings)

C3. A photographic survey and dilapidation report of adjoining properties No‟s. 477 &

495 Pacific Highway, Crows Nest detailing the physical condition of those

properties, both internally and externally, including, but not limited to, such items as

walls, ceilings, roof, structural members and other similar items, SHALL BE

submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate. The survey and report is to be prepared by an appropriately

qualified person agreed to by both the applicant and the owner of the adjoining

property. A copy of the report is to be provided to Council, if Council is not the

Certifying Authority, prior to the issue of any Construction Certificate.





All costs incurred in achieving compliance with this condition shall be borne by the

person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation

report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in

writing, to the satisfaction of Council that all reasonable steps have been taken to

obtain access and advise the affected property owner of the reason for the survey and

that these steps have failed. Written concurrence must be obtained from Council in

such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

an applicant or affected property owner to assist in any action required to

resolve any dispute over damage to adjoining properties arising from the

works. It is in the applicant‟s and adjoining owner‟s interest for it to be as

full and detailed as possible.

(Reason: Proper management of records)

Structural Adequacy of Adjoining Properties – Excavation Works

C4. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining properties No‟s. 477 & 495 Pacific

Highway, Crows Nest, which certifies their ability to withstand the proposed

excavation and outlines any measures required to be implemented to ensure that no

damage will occur to adjoining properties during the course of the works, must be

submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate. The measures outlined in the certified report must be

complied with at all times.

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

properties in close proximity during excavation works)

Sediment Control

C5. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to

be in accordance with the publication Managing Urban Stormwater: Soils &

Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book”

or a suitable and effective alternative method.

A Sediment Control Plan must be prepared and submitted to the Certifying Authority

for approval prior to the issue of any Construction Certificate and prior to any works

commencing. The Sediment Control Plan must be consistent with the Blue Book and

disclose:

a) All details of drainage to protect and drain the site during the construction

processes;





b) All sediment control devices, barriers and the like;

c) Sedimentation tanks, ponds or the like;

d) Covering materials and methods; and

e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained.

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

construction.

All works must be undertaken in accordance with the approved Sediment Control

plan.

The Certifying Authority must ensure that the building plans and specifications

submitted, referenced on and accompanying the issued Construction Certificate, fully

satisfy the requirements of this condition.

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

erosion from development sites)

Waste Management Plan

C6. A Waste Management Plan is to be submitted for approval by the Certifying

Authority prior to the issue of any Construction Certificate. The plan must include,

but not be limited to:

a) The estimated volume of waste and method of disposal for the construction

and operation phases of the development;

b) The design of the on-site waste storage and recycling area; and

c) Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the

carrying out of the development.

(Reason: To encourage the minimisation of waste and recycling of building

waste)

External Finishes and Materials

C7. The external colours and finishes must be in accordance with the approved schedule

of finishes and materials. The Certifying Authority must ensure that the building

plans and specifications submitted, referenced on and accompanying the issued

Documents

Item - REPORTS...2872 2872 2872 2872 394320 (in stratum) (split for Valuation purposes only) Kelly's Place Childrens Centre Hume Street Carpark & North Sydney Indoor Sports Centre