Item - REPORTS - North Sydney Council · 2016. 10. 27. · including an additional level, a roof terrace and external stairs. PLANS REF: Drawings numbered DA-A02 to DA-A09, DA-A10

Item ____IPP08_______ - REPORTS -______02/11/16_________

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 02/11/16

Attachments:

1. Site Plan

2. Architectural Drawings

3. Clause 4.6 Variations (Building Height & FSR)

ADDRESS/WARD: 19 Ben Boyd Road, Neutral Bay (C)

APPLICATION No: DA 178/16

PROPOSAL: Alterations and additions to the existing shop top housing

including an additional level, a roof terrace and external stairs.

PLANS REF: Drawings numbered DA-A02 to DA-A09, DA-A10 Sheet 1 of 2

and DA-A10 Sheet 2 of 2, all Issue B, dated 22/06/2016, drawn by

Glendenning Szoboszlay Architects Pty Ltd, and received by

Council on 22 June 2016.

OWNER: C. Lee’s Group Pty Ltd

APPLICANT: Mr Carey Lee

AUTHOR: Warren Long, Consultant Town Planner

DATE OF REPORT: 25 October 2016

DATE LODGED: 20 May 2016

ADDITIONAL

INFORMATION : 10 September 2016

RECOMMENDATION Approval (Deferred Commencement)

Report of Warren Long Consultant Town Planner Page 2

Re: 19 Ben Boyd Road, Neutral Bay

EXECUTIVE SUMMARY

This development application seeks approval for alterations and additions to the existing shop top

housing development for an additional level, a roof terrace and a new external staircase at the

rear.

The application is reported to the North Sydney Independent Planning Panel for

determination as the adjoining property at No.17 Ben Boyd Road is a Council’s community

housing property and a North Sydney Councillor is the land owner of another adjoining

property. In addition, the variations sought to the building height and Floor Space Ratio

development standards are greater than 10%, which requires determination of the

application by the Panel in accordance with the directions from the NSW Department of

Planning.

Notification of the proposal has attracted no submissions.

Following this assessment the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to Deferred Commencement Conditions

requiring the submission of amended plans addressing the visual and acoustic privacy of the

adjoining properties as follows:

An alternate design and location for the entry stair to the first floor unit at the same

location as the existing stair and entry, generally in accordance with “Option 1 Internal

Stair” sketch drawings, submitted on 10 September 2016;

A reduction in the size of the roof terrace off the main bedroom addition by 4.7m in

depth, measured from the front (western) boundary along the inner face of the northern

parapet wall, and 5.450m in depth along the southern parapet wall.

The southern external wall of the upper floor addition being contained wholly within the

subject property to minimise the works and potential disturbance to the party wall and

roof of the adjoining building at No.17 Ben Boyd Road.

Having regard to the provisions of Section 79C of the Environmental Planning & Assessment

Act 1979, the application is considered to be satisfactory subject to the imposition of the

Deferred Commencement conditions requiring the submission of amended plans and the attached

standard conditions.

Re: 19 Ben Boyd Road, Neutral Bay - DA 178116

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DESCRIPTION OF PROPOSAL

The proposal is for alterations and additions to an existing 2 storey shop top housing

development to include an additional level to provide a master bedroom for the existing dwelling

and is detailed as follows:

Ground Floor:

The applicant has proposed no change the ground floor tenancy, currently used as a liquor shop,

and its hours of operation.

First Floor:

Internal alterations are proposed to the dwelling on the first floor including a new window in the

southern side wall of the master bedroom (proposed Bedroom 2). The existing bathroom

adjoining bedroom 3 is to be relocated to the side of the bedroom to create a larger bedroom, and

a laundry is proposed where the existing side entry door is located. Internal walls are to be

removed to create a combined kitchen, meals area and living room at the rear, with folding doors

opening to the existing balcony.

An external staircase is proposed at the rear to provide a separate entrance to the dwelling. The

stair commences at ground level at the rear, with a nominal setback of 100mm to 300mm from

the rear boundary with a landing at the top of the stair to connect with the existing balcony and

the entry door on the north side of the living room. The stair will be setback 700mm from the

southern boundary and 600mm from the northern boundary measured to the landing at the top of

the stair. The entry opens to a foyer with the stairwell leading to the new second floor, main

bedroom addition.

Second Floor (New Addition):

The new second floor addition comprises the main bedroom and a walk in robe and ensuite

bathroom. The extension of the northern wall is proposed as well as an extension of the party

wall on the southern boundary. Internally the bedroom measures 4.805 in depth and 6.162m in

width. It has a wide opening at the front western side with a system of folding doors opening to a

roof terrace that measures 8.167m in depth and 6.162m in width.

The roof of the bedroom has a pitched metal clad roof similar in shape and pitch to match the

pitched roof of the adjoining building to the north at Nos. 21-23 Ben Boyd Road. The floor to

ceiling height will be 2.1m at the top of the stair and 2.7m at the front, western side and the

cathedral roof design will add volume to the room. The ridge of the new roof will be at

RL44.670. It is also intended to increase the height of the party wall and parapet on both sides to

achieve the required height for the balustrade to the roof terrace.

Materials/Finishes:

The materials and finishes include masonry external walls aluminium framed windows and

external doors. Balustrades and handrails to the rear balcony and stair to be metal framed glass.

The roof terrace balustrade will be masonry to 1.0m high with 250mm glass on top. Small

adjustable awnings are proposed above the main bedroom doors and the living room doors for

solar protection as per BASIX commitments. The new roofs will be factory pre coloured metal

roofs.



Figures 1 – 4 – Proposed Development

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – B1 Neighbourhood Centre

Item of Heritage - No

In Vicinity of Item of Heritage - Yes (Nos. 12A, 16 - 36 Ben Boyd Road)

Conservation Area - No

FSBL – No

Exception to a development standard – Yes (height of buildings and floor space ratio)

Proposed Addition

Proposed Addition

External Staircase

External Staircase

External Staircase

Proposed Addition

No.17 Ben Boyd Rd

No.21 Ben Boyd Rd

Southern Elevation

Northern Elevation

Western (Street) Elevation Eastern (Rear) Elevation

No.17 Ben Boyd Rd

No.21 Ben Boyd Rd

Roof Terrace

Roof Terrace



Environmental Planning & Assessment Act 1979

SEPP No. 55 – Remediation of Land

SEPP (Building Sustainability Index - BASIX) 2004

SREP Sydney Harbour Catchment (2005)

Local Development

POLICY CONTROLS

North Sydney DCP 2013

DESCRIPTION OF LOCALITY

The site is located on the eastern side of Ben Boyd Road north of Aubin Street. The legal

property description of the site is Lot 1, Deposited Plan No. 220254, No.19 Ben Boyd Road, and

Neutral Bay.

It is a long and narrow rectangular shaped allotment with a frontage of 7.315m to Ben Boyd

Road, a rear boundary of 6.85m and a length of 27.595m along the southern boundary shared

with a two storey community housing development at No.17 Ben Boyd Road. This site has a

length of 26.96m along the northern boundary, adjoining the three storey mixed use development

comprising a shop on the ground floor and apartments above at No.21-23 Ben Boyd Road. A

shared pedestrian accessway is located between the two buildings within the subject site and Nos.

21-23 Ben Boyd Road.

Currently occupying the subject site is a semi-detached two storey building with a shop on the

ground floor and a three bedroom dwelling above. The shop is presently occupied by Vintage

Cellars. Access to the first floor dwelling is provided via a spiral staircase located on the northern

elevation of the building off the shared pedestrian accessway.

The surrounding development consists of mostly single storey and two storey dwelling houses. A

group of heritage listed items (Nos. 12A, 16 – 36 Ben Boyd Road) is located on the western side

of Ben Boyd Road.

Figure 5 - The subject site and the adjoining properties

Nos 21-23 Ben Boyd Rd

No.17 Ben Boyd Rd Subject Site



RELEVANT HISTORY

Previous Applications:

November 1970 Development Consent (70/9980) was granted for the use of the ground

floor premises as a liquor shop.

12 August 1994 Development Consent (1212/94) was granted under delegated authority

for the refurbishment of the liquor shop and signage.

Current Application:

20 May 2016 The subject Development Application (D178/16) for alterations and

additions to an existing two storey shop top housing was lodged with

Council.

3 June 2016 A letter was sent to the applicant requesting revised plans showing

additional details of the adjoining properties.

23 June 2016 The applicant submitted the requested plans.

22 August 2016 A site inspection was carried out with the architect and consultant town

planner for the applicant. At the site inspection the architect was requested

to investigate options for relocating the proposed rear entry stair to the

dwelling, to the side alcove where the existing spiral stair is located.

9 September 2016 Council’s Planning Consultant inspected an apartment unit within

neighbouring property, at 21-23 Ben Boyd Road to assess views and the

relationship between the of roof terraces.

10 September 2016 The applicant submitted concept plans for alternative entry stair locations.

13 September 2016 The applicant submitted sketches with the amended RL’s and cross

sections following a request from Council’s Town Planning Consultant.

REFERRALS

Engineering

The application was referred to Council’s Development Engineer who raised no objection to

the proposal subject to standard conditions of consent.

Heritage

The application was referred to Council’s Conservation Planner who provided the following

comments:

The proposed works will have no impact upon the heritage items that are located on the

opposite side of the Road at Nos. 12A, 16 - 36 Ben Boyd Road. The significance of these

heritage items are contained within their lot boundaries and will not be impacted by the

proposed works, that are primarily located at the rear and the interior of the building at

No.19 Ben Boyd Road.



The proposal is therefore considered to satisfy Clause 5.10 of the NSLEP 2013 as well as

part 13.4 concerned with Heritage Items in the NSDCP 2013, so no heritage conditions

are required.

Community and Library Services

The application was referred to Council’s Director Community and Library Services who

provided the following comments:

The proposal is for alterations and additions to a residential dwelling over a shop, at

No.19 Ben Boyd Road, in particular a new window in the new master bedroom on the

southern elevation adjacent to the property boundary of No.17 Ben Boyd Road.

Impact on No.17 Ben Boyd Road (Community Housing property)

It is considered that the new window on the southern elevation adjacent to the property

boundary would cause overlooking directly into one of the bedrooms at No.17 Ben Boyd

Road. Depending on the window opening, it would also provide any person in No.19 Ben

Boyd Road with easy access to the roof of No.17 Ben Boyd Road that is just below these

bedroom windows, creating a security issue for tenants at this adjoining property.

Comment:

The comments from Council's Director Community and Library Services are noted. A condition

is recommended requiring the deletion of this window in order to minimise the privacy and

security risks for this adjoining property (see Condition C1).

SUBMISSIONS

The owners of adjoining properties and the Hayes Precinct were notified of the proposed

development between 3 and 17 June 2016. The notification has attracted no submissions.

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:

SEPP 55 – Remediation of Land

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

any remediation necessary to rehabilitate the site if required. Council’s records indicate that the

site has previously been used for residential and commercial development and as such is unlikely

to contain any contamination. Remediation of the land is therefore not required.

SEPP (Building Sustainability Index: BASIX) 2004

A BASIX Certificate has been submitted with the application. A deferred commencement

condition (Condition AA4) is recommended requiring an amended BASIX Certificate as

consequence of the recommended changes to the position of the entry stair on the north side of

the building as detailed later in this report.



SREP (Sydney Harbour Catchment) 2005

The subject site falls under the provisions of the SREP (Sydney Harbour Catchment) 2005

(gazetted on 28 September 2005).

The site and the proposed additions involve an increase in the height of the building however

the building and the new upper level addition will not be highly visible from the Harbour and

distant foreshores, due to the distance, and the position of the site on the mid slope.

The proposal including the second floor addition will not affect the visual and scenic qualities of

the Harbour and foreshores. Council can, therefore, be satisfied that the proposal will be

consistent with the matters for consideration in Clause 25 of the Harbour REP.

NORTH SYDNEY LEP and DCP 2013

The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP

2013 as indicated in the following compliance tables. More detailed comments with regard to the

major issues are provided later in this report.

NORTH SYDNEY LEP 2013

Permissibility within the zone:

The site is located in a B1 Neighbourhood Centre Zone. Alternations and additions to shops

and/or shop top housing are permissible in the zone with development consent.

Objectives of the Zone

The objectives of the zone are stated below:

• To provide a range of small-scale retail, business and community uses that serve the

needs of people who live or work in the surrounding neighbourhood.

• To encourage active street life while maintaining high levels of residential amenity.

• To encourage development for the purpose of shop top housing.

The proposal for alterations and additions to the existing shop top housing that will maintain the

density of one shop and one dwelling on the site and there will be no material loss of amenity on

the adjoining properties, consequently the proposal would maintain consistency with the zone

objectives.



Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area - 196m²

Proposed Control Complies

Clause 4.1 – Subdivision lot size NA NA

Clause 4.3 – Heights of Building 11.35m 8.5m NO - Clause 4.6

Development Standard

Variation received

Clause 4.4 – Floor Space Ratio 1.57:1 1:1 NO - Clause 4.6


Variation received

Claus 4.3 - Height of Buildings

A maximum height of building of 8.5m applies to the site in accordance with the Height of

Buildings Map of the LEP.

The proposal will exceed the height of buildings development standard and will be 11.35m in

height measured to the ridge of the new pitched roof. It will be similar in height, and the profile

of the roof will be the same as the pitched roof of the adjoining building at Nos. 21-23 Ben Boyd

Road.

The proposed addition will be setback 8.167m from the street edge so that it will not be a

prominent or dominant built element as viewed from the public domain. Furthermore, the

proposed addition will not be highly visible because it will form a backdrop to the twin gable

roof form of the building on the corner at No.17 Ben Boyd Road as seen from the south-west on

the opposite side of the road as illustrated below.

Figure 6 – Montage of the proposed development as seen

from the corner of Ben Boyd Road and Aubin Street

The objectives of the standard are as follows:

Nos 21-23 Ben Boyd Rd

No.17 Ben Boyd Rd

Subject Site

Proposed Addition



(a) to promote development that conforms to and reflects natural landforms, by stepping

development on sloping land to follow the natural gradient,

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

(c) to maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access for future development,

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

residents of new buildings,

(e) to ensure compatibility between development, particularly at zone boundaries’

(f) to encourage an appropriate scale and density of development that is in accordance with,

and promotes the character of, an area.

Comments:

The land is relatively level and the proposed addition would be setback by approximately 8.1m at

the front at the first floor level. It would not affect existing views of properties uphill and to the

north, or solar access to the adjoining property at No.17 Ben Boyd Road.

There are no windows in the side (northern/southern) elevations of the proposed addition or the

roof, and therefore no overlooking or adverse impact on privacy of neighbouring dwellings.

Whilst there will be an adverse privacy impact from the front roof terrace that is not an element

of the proposal that exceeds the height of buildings development standard.

The height and form of the proposed addition and the roof will be compatible with the adjoining

buildings in this small row of two buildings zoned B1 Neighbourhood Centre. The scale and

density of the proposal is appropriate and the character of the area with small neighbourhood

shop top housing will be maintained. The proposal will also enhance the function and amenity of

the dwelling above the existing liquor shop.

The proposed second floor addition will not be excessive in height and bulk and scale as

compared with the immediately adjoining development.

An exception to a development standard pursuant to Clause 4.6 of the LEP has been submitted by

the applicant.

The statement provides the following justification for the departure from the height of buildings

standard:

The roof over the proposed bedroom addition is a similar height to the roof over the

upper most floor level of the building on the adjoining site to the north. The building to

the north is a similar mixed use building.

The proposed development will have an acceptable visual impact when viewed from

surrounding properties and the public domain and will integrate satisfactorily with

surrounding developments.



The proposed development, inclusive of the part of the building that exceeds the height

limit, does not cause unreasonable overshadowing or view loss impacts to surrounding

properties.

The roof of the bedroom is setback from the street and is not readily visible from street

level.

The proposed development is consistent with the objectives of the standard as the

development is consistent with the desired future character in terms of building height and

roof forms. The development has a similar roof form and height to the existing building on

the adjoining site to the north. The proposal will not cause an unreasonable impact and

associated impacts relating to, loss of views and loss of privacy and loss of solar access to

existing development.

Therefore, it is considered that the compliance with the development standard is

unreasonable or unnecessary in the circumstances of the case.

Clause 4.4 - Floor Space Ratio

A maximum floor space ratio of 1:1 applies to the site in accordance with the Floor Space Ratio

Map of the LEP. The site has an area of 196m2 and the gross floor area of the existing building is

calculated to be 273.36m2, which represents a FSR of 1.39:1.

The proposal involves a minor increase in gross floor area on the first floor where the existing

alcove on the side of the building is to be partly filled in for the new laundry. The proposed

second floor addition comprises the main bedroom, an ensuite bathroom and walk in robe. The

gross floor area of the proposal will be 308.58m2 (including 32.77m2 for the second floor

addition), which represents a FSR of 1.57:1 and therefore exceeds with the floor space ratio

standard.

The objectives of the standard are as follows:

(a) to ensure the intensity of development is compatible with the desired future character

and zone objectives for the land,

(b) to limit the bulk and scale of development.

Comments:

The height and size of the proposed addition and the new roof will be compatible with the

adjoining buildings in this small row of three buildings zoned B1 Neighbourhood Centre. The

scale and density of the proposal is appropriate and maintains the existing small shop and a

dwelling and will maintain the character of the area by maintaining the small neighbourhood

shop and overall two storey height and scale.

The proposed second floor addition will not be excessive in bulk and scale compared with the

immediately adjoining development.

An exception to a development standard pursuant to Clause 4.6 of the LEP has been submitted by

the applicant.



The statement provides the following justification for the departure from the height of buildings

standard:

The proposed development will emulate a similar addition carried out to the

neighbouring shop top housing development immediately to the north and will

complement the pair of buildings occupying the B1 Neighbourhood Business Centre

within the locality.

The massing, bulk, scale and height of the proposed development is commensurate with

existing developments on immediately adjoining properties to the north and south and

compatible with surrounding built forms in the immediate locality.

The proposed addition is setback approximately 7m from the Ben Boyd Road alignment

reducing the apparent bulk of the development whilst adding to articulation so as to

achieve a positive contribution to the streetscape and the wider public domain.

Whilst the departure from the development standard appears significant i.e. a variation

of 0.8:1 the existing FSR is 1.39:1 and the actual additional floor area is 32.77m2 which

is considered minor in terms of the bulk and scale that it adds to the building.

The proposed development will comply with the provisions of the DCP in relation to

solar access to surrounding properties, visual and acoustic privacy and view sharing.

The proposed development has been assessed as consistent with the desired future

character of the Neutral Bay Neighbourhood section of the Neutral Bay Planning Area.

The proposed development will have an acceptable impact on the setting of the heritage

houses opposite the subject site at Nos. 12A, 16 - 36 Ben Boyd Road, Neutral Bay.

The proposed development will result in an improved internal amenity to the existing

dwelling on the site without incurring adverse impact on surrounding properties.

The proposal is consistent with the objectives of Clause 4.4 of the NSLEP.

Concluding Remarks – Clause 4.6 Variations

It is concluded that the building elements in breach of the LEP building height and FSR limits

would have no material impact on neighbouring properties and the locality in terms of the built

forms within the locality and the amenity of adjoining properties. These are also generally

consistent with the findings of the applicant’s submissions seeking variations to these

development standards as outlined above.

It is therefore considered that there are sufficient environmental planning grounds to justify the

proposed non-compliance with the LEP building height and FSR development standards as

outlined in Clause 4.6(3)(b) of the LEP. In addition, the applicant’s submissions have adequately

addressed the matters relating to Clause 4.6(3) of the LEP and variations to the development for

the proposed development will be in the public interest in accordance with Clause 4.6(4) of the

LEP.



Having regard to the above, the request under Clause 4.6 of NSLEP 2013 seeking variations to

the LEP building height and FSR controls is considered well-founded and strict compliance with

the standards is unnecessary and the proposed variations to the height of buildings and FSR

standards are supported.

Clause 5.10 - Heritage Conservation

The site is not listed as a heritage item or located in a Heritage Conservation Area.

Council’s Conservation Planner assessed the proposal with regards to the heritage items located

directly opposite to the subject site at Nos.12A, 16 - 36 Ben Boyd Road where it was found that

the proposed works will have no impact upon these heritage items.

NORTH SYDNEY DCP 2013

DCP Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 2- Commercial and Mixed Use Development

complies Comments

2.2 Function

Diversity of Activities Yes The proposal maintains a shop on the ground floor and a dwelling

above.

Maximise Use of Public

Transport

Yes The proposal has no off street parking existing or proposed. The subject

site is accessible by public transport with a bus stop nearby (within

100m).

Mixed Residential Population Yes The proposal maintains a density of one, four bedroom dwelling above a

retail shop on the ground level.

2.3 Environmental Criteria

Clean Air Yes The proposal would not cause adverse impact on air quality of the

subject and adjoining properties due to the residential nature of the

proposed works.

Noise Yes

The proposed development is unlikely to become a potential noise

source because of its residential nature.

Wind Speed Yes The proposal is unlikely to have a significant impact on wind speed

within the neighbourhood because of the relative small scale of the

proposed development.

Reflectivity Yes

(via

condition)

A condition is recommended to ensure an acceptable level of reflectivity

for the roofing materials.

Artificial Illumination Yes The applicant has not indicated any artificial illumination. Furthermore,

any lighting is unlikely to be excessive because of the nature of the

proposed addition for use as a bedroom with an associated terrace.

Awnings No change The existing awning over the footpath would be maintained.

Solar Access Yes The dwelling will maintain reasonable access to sunlight and daylight.

Furthermore, the adjoining property to the south at No.17 Ben Boyd

Road would not be adversely affected by additional overshadowing

because the shadow would primarily fall on the roof of this adjoining

property.

Views Yes The proposed addition would have no adverse impact on the existing

views and vistas currently enjoyed by the adjoining properties

(including Nos 21-23 Ben Boyd Road) because the front setback and

profile of the proposed addition would be the same as the existing roof

addition of No.21-23 Ben Boyd Road in order to preserve city and

harbour views towards the south from this adjoining property.

Acoustic Privacy Yes

(via

condition)

Acoustic privacy of residents of the adjoining property at Nos 21-23

Ben Boyd Road, would be maintained to an acceptable degree via the

requirement for a redesign of the roof terrace on front of the proposed

main bedroom addition (refer to Condition AA2).



Visual Privacy Yes

(via

condition)

Visual privacy for the residents of Nos 21-23 Ben Boyd Road would be

further protected with the requirement for the redesign of the roof

terrace in front of the proposed main bedroom addition (refer to

Condition AA2). A more detailed analysis is provided later in this

report.

2.4 Quality built form

Context Yes The proposal would not change the site layout and street context.

Setback - Front Yes The existing building has a zero front setback and the proposed addition

would match the front setback (8.167m) of the existing roof addition at

Nos.21-23 Ben Boyd Road.

Setback – Side and Rear Yes

(via

condition)

The subject site adjoins land zoned R2 (Low Residential Density) to the

south (side) and east (rear). The DCP requires development proposed

on land adjoining or adjacent to a residential zone must not exceed a

building height plane commencing at 3.5m above the existing ground

level and projected at an angle of 45 degrees internally to the site from

all boundaries.

The southern elevation of the existing building and the proposed

addition or the proposed staircase would breach the building height

plane. However, the proposal would have no significant adverse

impacts on the character of the existing and adjoining properties and

there would be no material amenity impacts on the adjoining properties

subject to the design modifications as required by Condition AA1

requiring the relocation of the proposed external staircase.

Building Design Yes

(via

condition)

The upper level addition would not be highly visible from the street

being setback from the front and the reduced roof terrace as required by

Condition AA2 will also reduce the height and extent of the southern

wall. The gable end form will match the profile of the roof of the

adjoining building at Nos. 21-23 Ben Boyd Road.

Balconies - Apartments Yes The rear balcony off the living area will be maintained and a second

balcony or roof terrace is proposed on the western side of the proposed

main bedroom addition.

Streetscape Yes The proposed works would be located on the first and new second level

and would not be highly visible from the street. There would be no

significant impact on streetscape or the activity along the street.

Entrances and Exits Yes

(via

condition)

There would be no change to the shop entrance from Ben Boyd Road

and the dwelling entrance would be provided on the northern elevation

via the side access as required by Condition AA1.

2.5 Quality Urban Environment Accessibility Acceptable

on merit

The dwelling is not accessible because it is on the first floor of the

building. Access to the dwelling will be improved by the removal of the

existing spiral stair and replacement with a more conventional stair in

the alcove on the side of the building.

Safety and Security Yes The current lighting for the side access will be maintained.

High Quality Residential

Accommodation

Yes

(via

condition)

The proposal will maintain and enhance the quality of residential

accommodation. The changes to the first floor will enhance the function

and amenity of the bedrooms and the reconfigured open plan living,

dining and kitchen. The removal of the existing spiral entrance staircase

and the provision of a new stair as required by Condition AA1 should

provide better access to the residential unit on the first and the new

second levels.

Private Open Space Yes Private open space is provided in the form of the balconies at the rear of

the living room and the roof terrace.

Vehicular Access/Car Parking N/A The subject site has no vehicular access and on-site parking.

Garbage Storage No change There would be no change to the existing garbage storage arrangements

located at the rear of the subject property.

Site Facilities No change All existing site facilities will be retained.

2.6 Efficient Use of Resources Energy Efficiency Yes A BASIX Certificate has been submitted with the application. A

deferred commencement condition (Condition AA4) is recommended

requiring the submission of a revised BASIX Certificate to reflect the

design modifications as required by Condition AA1.

Passive Solar Design Yes The existing building layout and orientation would remain unchanged.

Thermal Mass and Insulation Yes The masonry construction of the existing building and the proposed

addition would provide good level of thermal protection and insulation.



MAJOR ISSUES

Visual and Acoustic Privacy

The following photographs show the view from the existing rear balcony where the external stair

is proposed for the sole entrance to the existing dwelling. The entry to the dwelling on the first

floor is presently by the spiral stair within the alcove on the side of the building.

Figure 7 - The view from the rear balcony of the rear yard and carport at the rear of

the adjoining property at17 Ben Boyd Road.

Figure 8 - The view from the rear balcony down into the rear yard of the adjoining

property at 21-23 Ben Boyd Road.

Figure 9 - The view from the end of the rear balcony to the north of the makeshift

screening on the south end of the balcony of

the adjoining Unit 2 at the rear of Nos.21-23 Ben Boyd Road.



New Rear Stair and Entrance to the Dwelling

There is presently a significant degree of overlooking from the existing balcony at the rear of the

first floor dwelling. The installation of the stair and access in this location in the rear setback at

the rear of the site, and the activity associated with its use as the sole entrance to the first floor

dwelling, will result in a further imposition on the visual and acoustic privacy and amenity of the

adjoining properties.

An alternate option for the stair and entrance to the dwelling has been proposed on the north side

of the building in the present location. This option was discussed with the applicant at a site

inspection, and consideration of an alternate solution was invited. Sketch drawings were

submitted by the applicant showing three options for the stair including Option 1 - the side access

stair (see Figure 10 below) , Option 2 – a shorter flight of stairs at the rear of the building

including the enclosure of the north end of the existing balcony for the top flight of stairs. Option

3 the proposed stair with 1.6m high obscure glass screens on the sides.

Whilst the side access stair will involve minor works within the ground floor shop tenancy, it is

only where the stair flight extends below part of the ceiling at the back of the shop away from the

retail area. It will not affect the leasable area of the shop and in an overall context represents

relatively minor works that are not likely to involve a significant disruption to the use and

operation of the bottle shop on the ground floor. It will be only a temporary disruption while the

works are carried out and is the preferred option.

Figure 10 – Option 1 (Side access stairs and no external access staircase at the rear)

By comparison, the proposed stair at the rear of the building, including the shorter option or the

screened option, will be a permanent structure and the potential adverse impacts on the residents

of neighbouring properties is outweighed by what is considered to be a reasonable and

appropriate option for the stair on the side of the building as it is now.

A deferred commencement condition is recommended to allow the applicant to submit detailed

drawings of the side access stair and entry, detailing the proposed works in plan and elevation,

for consideration by Council (see Condition AA1).



Roof Terrace

The proposed roof terrace is off the main bedroom addition at the front. It measures 8.167m in

depth on the south side and is the full width of the building approximately 6.1m.

Figure 10 – View from the roof terrace at the front unit of No. 21-23 Ben Boyd Road

looking south across the roof terrace of the adjoining unit and the roof of the subject

building, where the new roof terrace is proposed.

As can be seen from the above there is a mutual degree of overlooking between the two existing

terraces that are understood to have been constructed at the same time. The preference to privacy

screening is for sharing the views to the south and south west of the city skyline and glimpses of

the Sydney Harbour Bridge.

Whilst the proposed roof terrace would not be likely to affect the existing views and the view

corridor to the south and south west, it would create a large roof terrace directly adjoining (at No

21 Ben Boyd Road) the two roof terraces that co-exist at the front of the upper level apartments

of the adjoining property. The terrace adjoins the proposed main bedroom level and a reduction

in the size of the terrace by setting it back from the front would still allow for a generous sized

bedroom terrace, further away from the existing roof terraces and also still enabling access to the

views to the south and south west.

In the circumstances the visual and acoustic privacy of the neighbouring property would be

maintained to an acceptable degree.

By setting the terrace back from the front would also reduce the extent of the increase in the

parapet height on both sides to achieve the required balustrade height, and the existing roof and

sloping parapet wall can be maintained.



A deferred commencement condition is recommended to allow the applicant to submit detailed

drawings showing a reduction in the size of the roof terrace off the main bedroom addition by

4.7m in depth, measured from the front boundary along the inner face of the northern parapet

wall, and 5.450m in depth along the southern parapet wall. The area in front of the amended roof

terrace will be non-trafficable (see Condition AA2 and I2).

Neutral Bay Planning Area (Neutral Neighbourhood)

The area is described in the DCP as follows:

Neutral Bay is a diverse residential neighbourhood. Lower density development exists in

the neighbourhood where there are small allotments, conservation areas and heritage

items. Small shops, community and school facilities cater for the local residents. The

waterfront and harbour setting of the Neutral Bay Area provide passive and active

recreation pursuits, access to transportation, to other parts of the harbour via ferries and

contribute to the natural and scenic qualities of the neighbourhood.

The proposal has also been considered in accordance with Part C of the DCP and the character

statement for the Neutral Neighbourhood and is generally found to be satisfactory.

The proposal is considered to achieve an appropriate form, massing and scale that is suitable for

the site context as the proposed upper level addition is setback from the street edge so that it does

not have a prominence in the street and from vantage points to the south west it will be seen

against the silhouette of the twin gable roof form of the existing building at No.17 Ben Boyd

Road on the corner.

The recommended condition requiring the reduction in size of the roof terrace and setting it back

to the line up with the western wall of the adjoining apartments at Nos. 21-23 Ben Boyd Road

will also retain more of the existing sloping parapet wall and will reduce the length of wall

required to increase the height of the parapet and potential disruption to the roof and side wall of

the adjoining building at No. 17 Ben Boyd Road (see Conditions AA2 and AA3).

Council’s Conservation Planner has also assessed the amended proposal and raises no objection

to the proposed works.

Therefore, the proposal is considered satisfactory with regards to the provisions within the

relevant character statement of NSDCP 2013.

SECTION 94 CONTRIBUTION

The proposal involves an additional level to provide a master bedroom and a roof terrace. There

would be no change to the number of dwellings provided on the subject site, therefore, no

addition Section 94 contribution is required.

Waste Management

A Waste Management Plan is submitted with the development application, which includes details

of demolition and construction waste disposal and ongoing waste disposal associate with the

proposed development.



Suitability of the Site for the Proposed Development

The proposal, as amended by the deferred commencement conditions, is considered to be suitable

development for the subject site because its design is in keeping with the character within the

locality with no material impacts on the amenity of the adjoining properties.

Public Interest

The proposal is considered to be satisfactory and the approval of the application will be in the

public 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 N/A

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

Environmental Planning and Assessment (Amendment) Act 1979 YES

CONCLUSION

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

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

Policies and found to be generally satisfactory in the site circumstances.

The proposed second floor addition will exceed the height of buildings standard of Clause 4.3(2)

and the floor space ratio standard of Clause 4.4(2) of the NSLEP 2013. The applicant has

submitted well-founded exception statements to the height of buildings standard and the floor

space ratio standard that are supported for the reasons outlined in this report. The proposal is

otherwise compliant with the relevant controls for Commercial and Mixed Use development of

Part B Section 2 of the NSDCP 2013.



A deferred Commencement Consent is recommended to allow the applicant to submit amended

plans detailing the alternate location for the entry stair and entrance to the dwelling on the first

floor and the reduction in size of the roof terrace on the second floor (see Conditions AA1 &

AA2) . A condition is also recommended to require the southern external wall of the addition to

be sited wholly within the subject property in lieu of an extension to the party wall that would

have implications for rebuilding of part of the wall and roof of the adjoining property (see

Condition AA3). A further deferred commencement condition is recommended requiring the

submission of a further BASIX Certificate to reflect the above design changes.

With the recommended conditions of consent, the amended proposal would not impact upon the

visual and acoustic privacy of surrounding properties, but still maintain adequate amenity for the

residents of the subject site.

Having regard to the provisions of Section 79C of the Environmental Planning & Assessment

Act 1979, the application is considered to be satisfactory and recommended for approval subject

to the Deferred Commencement Consent conditions and the attached standard and site specific

conditions.

RECOMMENDATION

PURSUANT TO SECTION 80(3) OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

A. THAT the North Sydney Independent Planning Panel, as the consent authority, assume the

concurrence of the Director General of the Department of Planning and invoke the the

concurrence of the Director General of the Department of Planning and invoke the

provisions of Clause 4.6 with regard to the exception to the development standards for

Clause 4.3 (Heights of Building) and Clause 4.4 (Floor Space Ratio), and grant deferred

commencement consent to Development Application No. 178/16 for alterations and

additions to an existing shop top housing development on land at No. 19 Ben Boyd Road,

Neutral Bay 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.

Alternate Stair location

AA1. Amended plans including an alternate design and location for the entry stair to the

side of the building in the same location as the existing stair and entry must be

submitted to Council. It must be generally in accordance with Option 1 Internal

Stair sketch drawings, submitted on 10 September 2016.

(Reason: To maintain visual and acoustic privacy of adjoining and adjacent

properties)



Reduction in Size of the roof terrace

AA2. Amended plans are to be submitted including a reduction in the size of the roof

terrace off the main bedroom addition by 4.5m, measured from the front boundary

along the inner face of the northern parapet wall, and 5.450m in depth measured

from the front boundary along the inner face of southern parapet wall.

(Reason: To maintain visual and acoustic privacy of the adjoining property at

Nos 21-23 Ben Boyd Road)

Party Wall

AA3. All works proposed along the southern boundary wall must be contained wholly

within the subject site. Details must be submitted showing the southern external

wall of the main bedroom addition contained within the subject property.

No approved is granted or implied for the extension of the party wall shared with


(Reason: To minimises the disturbance to the existing wall and roof of the

adjoining building at No.19 Ben Boyd Road)

Revised BASIX Certificate

AA4. A revised BASIX Certificate must be submitted to reflect the design changes as

required by the relevant deferred commencement conditions.

(Reason: To ensure thermal efficiency of the proposed development)

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:

Bedroom 2 Window

C1. The proposed first floor Bedroom 2 window on the southern elevation is to be

deleted to minimise privacy and security impacts on the adjoining property at


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 minimise privacy and security impacts on the adjoining property)



Roof Terrace

I2. The area in front of the approved roof terrace must remain as a non-trafficable

area and not to be used as part of the approved terrace.

(Reason: To maintain privacy of the adjoining properties)

Warren Long Robyn Pearson

CONSULTANT TOWN PLANNER TEAM LEADER ASSESSMENTS

Stephen Beattie

MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

19 BEN BOYD ROAD, NEUTRAL BAY

DEVELOPMENT APPLICATION NO. 178/16

A. Conditions that Identify Approved Plans

DEFERRED COMMENCEMENT CONDITIONS

This consent shall not operate until the following deferred commencement conditions have

been satisfied.

Alternate Stair location

AA1. Amended plans including an alternate design and location for the entry stair to the

side of the building in the same location as the existing stair and entry must be

submitted to Council. It must be generally in accordance with Option 1 Internal Stair

sketch drawings, submitted on 10 September 2016.

(Reason: To maintain visual and acoustic privacy of adjoining and adjacent

properties)

Reduction in Size of the roof terrace

AA2. Amended plans are to be submitted including a reduction in the size of the roof terrace

off the main bedroom addition by 4.5m, measured from the front boundary along the

inner face of the northern parapet wall, and 5.450m in depth measured from the front

boundary along the inner face of southern parapet wall.

(Reason: To maintain visual and acoustic privacy of the adjoining property at

Nos 21-23 Ben Boyd Road)

Party Wall

AA3. All works proposed along the southern boundary wall must be contained wholly

within the subject site. Details must be submitted showing the southern external wall

of the main bedroom addition contained within the subject property.

No approved is granted or implied for the extension of the party wall shared with


(Reason: To minimises the disturbance to the existing wall and roof of the

adjoining building at No.19 Ben Boyd Road)

ATTACHMENT IPP08 - 2/11/16 Page 24


DEVELOPMENT APPLICATION NO. 178/16 Page 2 of 21

September 2013 v1

Revised BASIX Certificate

AA4. A revised BASIX Certificate must be submitted to reflect the design changes as

required by the relevant deferred commencement conditions.

(Reason: To ensure thermal efficiency of the proposed development)

Upon satisfaction of the deferred commencement condition/s, the following conditions

apply:

Development in Accordance with Plans/documentation

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

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

by the following conditions of this consent.

Plan No. Issue Date Drawn by Received

DA-A02 B 22/06/2016 Glendenning Szoboszlay

Architects Pty Ltd

22 June 2016


Architects Pty Ltd 22 June 2016













DA-A10

Sheet 1 of 2

B 22/06/2016 Glendenning Szoboszlay


DA-A10

Sheet 2 of 2

B 22/06/2016 Glendenning Szoboszlay


Note: The final drawing numbers and associated details in this condition are subject to

further updates to reflect the changes required by the relevant deferred

commencement conditions.

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

accordance with the determination of Council, Public Information)




September 2013 v1

Plans on Site

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

plans, specifications and documents submitted and approved with the Construction

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

any officer of Council or the Principal Certifying Authority.

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

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

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

accordance with the determination of Council, Public Information and

to ensure ongoing compliance)

No Demolition of Extra Fabric

A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

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

Bedroom 2 Window

C1. The proposed first floor Bedroom 2 window on the southern elevation is to be deleted

to minimise privacy and security impacts on the adjoining property at No.17 Ben

Boyd Road.


submitted by the Applicant, referenced and accompanying the issued Construction

Certificate, fully satisfy the requirement of this condition.

(Reason: To minimise privacy and security impacts on the adjoining property)

Dilapidation Report Damage to Public Infrastructure

C2. 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.




September 2013 v1

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 Survey Private Property (Neighbouring Buildings)

C3. A photographic survey and dilapidation report of adjoining property No. 17 Ben Boyd

Road, Neutral Bay detailing the physical condition of this property, 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)




September 2013 v1

Structural Adequacy (Semi Detached and Terrace Buildings)

C4. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining property No.17 Ben Boyd Road, Neutral Bay

which certifies its ability to withstand the proposed works and outlines any measures

required to be implemented to ensure that no damage will occur to adjoining premises

during the course of the works, must be submitted to the Certifying Authority for

approval prior to the issue of any Construction Certificate. The measures outlined in

the certified report must be complied with at all times.

Under no circumstances shall the party or common wall be extended or altered

without the prior written consent of the adjoining owner. Any such extension of the

party wall shall be noted on title by way of appropriate easement or Section 88B

instrument.

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

properties, and that common law property rights are recognised)

Structural Adequacy of Existing Building

C5. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the

proposed additional, or altered structural loads during all stages of construction shall

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

Construction Certificate. The certified report must also include all details of the

methodology to be employed in construction phases to achieve the above

requirements. The methodology in the certified report must be complied with at all

times.

(Reason: To ensure the structural integrity of the building is maintained)

Sediment Control

C6. 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;




September 2013 v1

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.


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

C7. 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 Colours and Finishes

C8. The external colours and finishes shall match those as existing and/ or be compatible

with surrounding development. A schedule of external colours and finishes must be

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

Construction Certificate. The Certifying Authority must ensure that the building plans

and specifications submitted, referenced on and accompanying the issued

Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that the completed colours and finishes of the works are

compatible with surrounding development)




September 2013 v1

Roofing Materials - Reflectivity

C9. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected

roofing material must not cause a glare nuisance or excessive reflectivity to adjoining

or nearby properties. Plans and specifications which comply with this condition must

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




(Reason: To ensure that excessive glare or reflectivity nuisance from roofing

materials does not occur as a result of the development)

Work Zone

C10. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be

issued by the Council prior to the issue of any Construction Certificate.

Work Zones are provided specifically for the set down and pick up of materials and

not for the parking of private vehicles associated with the site. Works Zones will

generally not be approved where there is sufficient space on-site for the setting down

and picking up of goods being taken to or from a construction site. If the Works Zone

is approved by the Committee, the Applicant must obtain a written copy of the related

resolution from the North Sydney Local Traffic Committee and submit a copy of this

to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of

the Committee, including installation of the necessary ‘Work Zone’ signage and

payment of any fees, must occur prior to commencement of any works on the site.

Further, at the expiration of the Work Zone approval, the developer is required to

remove the Work Zone signs and reinstate any previous signs, all at the developer's

cost. The requirements imposed by the Committee on the Work Zone permit (or

permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Stormwater Management and Disposal Design Plan

C11. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified drainage design engineer. The site drainage

management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage requirements, Councils Engineering

Performance guide and current Australian Standards and guidelines, such

as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.




September 2013 v1

b) Stormwater runoff and subsoil drainage generated by the approved

dwellings must be conveyed in a controlled manner by gravity to

Council’s kerb in Ben Boyd Road.

c) All redundant stormwater pipelines within the footpath area shall be

removed and the footpath and kerb reinstated.

d) Pipelines within the footpath area shall be hot dipped galvanized steel

rectangular hollow section with a minimum wall thickness of 4.0

millimeters and a section height of 100 millimeters.

e) Any footpath panel on Ben Boyd Road disturbed for the purpose of

stormwater connection shall be reconstructed as whole panel.

Details demonstrating compliance are to be submitted with the Construction

Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that

the approved drainage plan and specifications, satisfying the requirements of

this condition, is referenced on and accompanies the Construction Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)

Garbage and Recycling Facilities

C12. Adequate provision must be made for the storage of waste and recyclable material

generated by the premises. Plans and specifications which comply with this condition

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




(Reason: To ensure the provision of appropriate waste facilities and to ensure

efficient collection of waste by collection contractors)

Asbestos Material Survey

C13. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or

otherwise of asbestos contamination and, if asbestos contamination is present, making

recommendations as to the work required to safely address the contamination.

Any demolition works or other works identified in the report as having to be carried

out must be carried out in accordance with the recommendations of the report and the

following:

a) the removal of asbestos must be undertaken by a WorkCover licensed

contractor;




September 2013 v1

b) all removal must be in strict accordance with the requirements of the

WorkCover Authority in relation to the removal, handling and disposal of

material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS

REMOVAL IN PROGRESS” must be erected in a visible position at the

boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof

of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the

issue of any Construction Certificate. The Certifying Authority must ensure that the

report, and other plans, referenced on and accompanying the issued Construction

Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the

building is not put at risk unnecessarily)

Security Deposit/ Guarantee Schedule

C14. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($)

Engineering Construction Bond $2,000.00

TOTAL BONDS $2,000.00

The security required by the above schedule must be provided by way of a deposit

with the Council; or other such guarantee that is satisfactory to Council (such as a

bank guarantee). Any guarantee provided as security must name North Sydney

Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)

BASIX Certificate

C15. 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. A240305 for the development are fulfilled. Plans and specifications

complying with this condition must be submitted to the Certifying Authority for

approval prior to the issue of any Construction Certificate. The Certifying Authority

must ensure that the building plans and specifications submitted, referenced on and

accompanying the issued Construction Certificate, fully satisfy the requirements of

this condition.

(Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements)




September 2013 v1

D. Prior to the Commencement of any Works (and continuing where indicated)

Public Liability Insurance – Works on Public Land

D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public

land and the undertaking of approved works within Council’s road reserve or public

land, as approved by this consent. The Policy is to note, and provide protection/full

indemnification for North Sydney Council, as an interested party. A copy of the

Policy must be submitted to Council prior to commencement of any works. The

Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for

damages arising from works on public land)

Commencement of Works Notice

D2. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North

Sydney Council of the person’s intention to commence building work, demolition or

excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the

commencement of any building work, demolition or excavation)

E. During Demolition and Building Work

Parking Restrictions

E1. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other

device in the road shoulder or kerbside lane is prohibited without the prior written

consent of Council. Changes to existing public parking facilities/restrictions must be

approved by the North Sydney Local Traffic Committee. The Developer will be held

responsible for any breaches of this condition, and will incur any fines associated with

enforcement by Council regulatory officers.

(Reason: To ensure that existing kerbside parking provisions are not

compromised during works)




September 2013 v1

Road Reserve Safety

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

in a safe condition at all times during the course of the development works, with no

obstructions caused to the said footways and roadways. Construction materials and

plant must not be stored in the road reserve without approval of Council. A safe

pedestrian circulation route and a pavement/route free of trip hazards must be

maintained at all times on or adjacent to any public access ways fronting the

construction site.

Where public infrastructure is damaged, repair works must be carried out in when and

as directed by Council officers (at full Developer cost). Where pedestrian circulation

is diverted on to the roadway or verge areas, clear directional signage and protective

barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control

Devices for Work on Roads”. If pedestrian circulation is not satisfactorily

maintained across the site frontage, and action is not taken promptly to rectify

the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Service adjustments

E3. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the

requirements of the relevant utility authority. These works shall be at no cost to

Council. It is the Applicants full responsibility to make contact with the relevant

utility authorities to ascertain the impacts of the proposal upon utility services at the

appropriate stage of the development (including water, phone, gas and the like).

Council accepts no responsibility whatsoever for any matter arising from its approval

of this application involving any influence upon utility services provided by another

authority.

(Reason: To ensure the service requirements are met)

Temporary Disposal of Stormwater Runoff

E4. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon

completion of any impervious areas on the site (including roofs, driveways, paving)

and where the final drainage system is incomplete, the necessary temporary drainage

systems must be installed to reasonably manage and control runoff as far as the

approved point of stormwater discharge. Such ongoing measures must be to the

satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)




September 2013 v1

Progress Survey

E5. In order to ensure compliance with approved plans, a Survey Certificate, to Australian

Height Datum, must be prepared by a Registered Surveyor as follows: -

a) at the completion of the first structural floor level indicating the level of that

floor and the relationship of the building to the boundaries;

b) at the completed height of the building, prior to the placement of concrete

inform work, or the laying of roofing materials; and

c) at completion, the relationship of the building, and any projections thereto, to

the boundaries.

Progress certifications in response to points (a) through (c) must be provided to the

Certifying Authority for approval at the time of carrying out relevant progress

inspections. In the event that such survey information is not provided or reveals

discrepancies between the approved plans and the proposed works, all works, save for

works necessary to bring the development into compliance with the approved plans,

must cease. Works may only continue upon notification by the Certifying Authority to

the Applicant that survey information (included updated survey information following

the carrying out of works to comply with the approved plans) complies with this

condition.

(Reason: To ensure compliance with approved plans)

Removal of Extra Fabric

E6. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the

works in the area of the damaged portion are to cease and written notification of the

damage is to be given to Council forthwith. No work is to resume until the written

approval of Council to do so is obtained. Failure to comply with the provisions of this

condition may result in the Council taking further action including legal proceedings

if necessary.

(Reason: To ensure compliance with the terms of this development consent)

Dust Emission and Air Quality

E7. The following must be complied with at all times:

(a) Materials must not be burnt on the site.

(b) Vehicles entering and leaving the site with soil or fill material must be

covered.




September 2013 v1

(c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department of Housing’s 1998

guidelines - Managing Urban Stormwater: Soils and Construction.

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

to prevent nuisance occurring at adjoining properties.

(Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration

E8. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure

excessive levels of noise and vibration do not occur so as to minimise adverse effects

experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity)

Developer's Cost of Work on Council Property

E9. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas.

(Reason: To ensure the proper management of public land and funds)

No Removal of Trees on Public Property

E10. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including

for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets)

Special Permits

E11. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must

occur entirely on the property.

The developer, owner or builder may apply for specific permits available from

Council’s Customer Service Centre for the undermentioned activities on Council’s

property. In the event that a permit is granted by Council for the carrying out of

works, processes, storage of materials, loading and unloading associated with the

development on Council's property, the development must be carried out in

accordance with the requirements of the permit. A minimum of forty-eight (48) hours

notice is required for any permit: -




September 2013 v1

1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the

hours of operation, the area of operation, etc. Separate permits are required for

each occasion and each piece of equipment. It is the developer's, owner’s and

builder’s responsibilities to take whatever steps are necessary to ensure that the

use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

2) Hoardings

Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class

hoarding is to alienate a section of Council’s property, that section will require

a permit for the occupation of Council’s property.


3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building materials and

building waste containers (skips) are required for each location. Failure to

obtain the relevant permits will result in the building materials or building

waste containers (skips) being impounded by Council with no additional

notice being given. Storage of building materials and waste containers on open

space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the

development. Should alteration of existing kerbside restrictions be required,

or the provision of a construction zone, the appropriate application must be

made and the fee paid to Council. Alternatives to such restrictions may

require referral to Council’s Traffic Committee and may take considerable

time to be resolved. An earlier application is suggested to avoid delays in

construction programs.


Construction Hours

E12. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm

inclusive, with no work on Sundays and Public Holidays.




September 2013 v1

Demolition and excavation works must be restricted to within the hours of 8.00 am to

5.00 pm Monday to Friday only. For the purposes of this condition:

a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of

service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition works” means any physical activity to tear down or break up a

structure (or part thereof) or surface, or the like, and includes the loading of

demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, rock breakers, excavators, loaders, or the like, regardless of

whether the activities disturb or alter the natural state of the existing ground

stratum or are breaking up/removing materials from the site and includes the

unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact

telephone number, which is to be clearly visible and legible from any public place

adjoining the site.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community)

Installation and Maintenance of Sediment Control

E13. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with

the Construction Certificate.

Erosion and sediment measures must be maintained in accordance with the

publication Managing Urban Stormwater: Soils & Construction (4th edition,

Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed

when development activities have been completed and the site fully stabilised.



Sediment and Erosion Control Signage

E14. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not

be maintained. A sign of the type referred to in this condition is available from

Council.






September 2013 v1

Site Amenities and Facilities

E15. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction

safety regulations, including any WorkCover Authority requirements, must be

provided and maintained at all times. The type of work place determines the type of

amenities required.

Further information and details can be obtained from the Internet at

www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site)

Health and Safety

E16. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to

prepare a health and safety plan. Site fencing must be installed sufficient to exclude

the public from the site. Safety signs must be erected that warn the public to keep out

of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements

for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site)

Prohibition on Use of Pavements

E17. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to

this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)

Plant & Equipment Kept Within Site

E18. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within

the boundaries of the site (unless a permit is obtained from Council beforehand) and

so placed that all concrete slurry, water, debris and the like must be discharged onto

the building site, and is to be contained within the site boundaries.

Details of Council requirements for permits on public land for standing plant,

hoardings, storage of materials and construction zones and the like are available on

Council’s website at www.northsydney.nsw.gov.au.

(Reason: To ensure public safety and amenity on public land)


http://www.northsydney.nsw.gov.au/



September 2013 v1

Waste Disposal

E19. All records demonstrating the lawful disposal of waste must be retained and kept

readily accessible for inspection by regulatory authorities such as North Sydney

Council and the Environmental Protection Authority.

(Reason: To ensure the lawful disposal of construction and demolition waste)

Asbestos Removal

E20. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or

“Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos

Licence and removal must be carried out in accordance with National Occupational

Health and Safety Commission.

(Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements)

F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation

Building Code of Australia

F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory)

Home Building Act

F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home

Building Act 1989 requires there to be a contract of insurance under Part 6 of

that Act must not be carried out unless the Principal Certifying Authority for

the development to which the work relates has given North Sydney Council

written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a principal contractor is required to be

appointed:

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.




September 2013 v1

2) If arrangements for doing residential building work are changed while the

work is in progress such that the information submitted to Council in

accordance with this conditions is out of date, work must cease and no further

work may be carried out unless the Principal Certifying Authority for the

development to which the work relates (not being the Council), has given the

Council written notice of the updated information.

Note: A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance

policy issued for the purposes of that Part is, for the purposes of this clause,

sufficient evidence that the person has complied with the requirements of that

Part.


Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying

Authority for the building work in accordance with the provisions of the EP&A Act

and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or

excavation)

Construction Certificate

F4. Building work, demolition or excavation in accordance with the development consent

must not be commenced until a Construction Certificate for the relevant part of the

building work has been issued in accordance with the provisions of the EP&A Act and

its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or

excavation)

Occupation Certificate

F5. A person must not commence occupation or use of the whole or any part of a new

building (new building includes an altered portion of, or an extension to, an existing

building) unless an Occupation Certificate has been issued in relation to the building

or part. Only the Principal Certifying Authority appointed for the building work can

issue an Occupation Certificate.

(Reason: Statutory)




September 2013 v1

Demolition

F6. Demolition work must be undertaken in accordance with the provisions of AS2601-

Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible

manner and protect adjoining property and persons from potential

damage)

Site Sign

F7. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited;

b) showing the name of the principal contractor (or person in charge of

the work site), and a telephone number at which that person may be

contacted at any time for business purposes and outside working hours;

and

c) showing the name, address and telephone number of the Principal

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work

is being carried out, but must be removed when the work has been completed.


G. Prior to the Issue of an Occupation Certificate

Infrastructure Repair and Completion of Works

G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

a. in the road reserve must be fully completed; and

b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not

limited to, delivery vehicles, waste collection, contractors, sub contractors,

concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)




September 2013 v1

Damage to Adjoining Properties

G2. All precautions must be taken to prevent any damage likely to be sustained to

adjoining properties. Adjoining owner property rights and the need for owner’s

permission must be observed at all times, including the entering onto land for the

purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected)

Utility Services

G3. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to

Council.

(Reason: To ensure compliance with the terms of this consent)

Disposal Information

G4. Upon completion of works and prior to occupation, a report including the following

information must be provided to Council’s Open Space and Environmental Services

Department:

(a) the total tonnage of all waste and excavated material disposed of from the site

(including any tipping dockets); and

(b) the disposal points and methods used.

(Reason: To ensure appropriate disposal methods are undertaken for auditing

and inspection purposes)

BASIX Completion Certificate

G5. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying

Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate)

Compliance with Certain conditions

G6. Prior to the issue of any Occupation Certificate Condition C1 must be certified as

having been implemented on site and complied with.

(Reason: To ensure the development is completed in accordance with the

requirements of this consent)




September 2013 v1

I. On-Going / Operational Conditions

Single Occupancy

I1. Nothing in this consent authorises the use of the residential unit above the ground

floor retail tenancy other than for a single occupancy.

(Reason: To ensure the use of the residential unit as a single occupancy and to

clarify the terms of this consent)

Roof Terrace

I2. The area in front of the approved roof terrace must remain as a non-trafficable area

and not to be used as part of the approved terrace.

(Reason: To maintain privacy of the adjoining properties)


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For privacy reasons, the architectural plans have been removed

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

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

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

13/11/20151/02/2016

Issue for Client ReviewDA Issue

0102

ISSUE DESCRIPTION

Job

2/605 Pacific Highway, Mt.Colah, NSW - 2079.Tel- (02) 9482 7033 Fax- (02) 9482 7201 e: [email protected]

DATE

03/15Checked by:Date Created:

Drawing: No.

Client

Drawn by :

NOTE : - VERIFY ALL LEVELS & DIMENSIONS ON SITE PRIOR TO COMMENSING ANY WORK. REFER ANY DISCREPANCIES TO ARCHITECT BEFORE PROCEEDING WITH THE WORK. - ALL DRAWINGS ARE TO READ IN CONJUNCTION WITH THE SPECIFICATIONS, FINISHES & FIXTURES SCHEDULES CONTAINED IN THE APPENDIX OF THE PROJECT SPECIFICATION & ALL PROJECT CONSULTANT DOCUMENTATION

Glendenning Szoboszlay Architects Pty. Ltd

SHEET SIZE: A3MG

NEUTRAL BAY RESIDENCE

/DA-A11Job #1250

Mr.C.Lee

19 Ben Boyd Road, Neutral Bay NSW 2089

Proposed Basix Information

Z:\1250-Neutral Bay\01 ArchiCad PLN's\02 DA Issue\1250-19 Ben Boyd Road, Neutral Bay;REV DA-C.LEE (V19).pln, Print Date:22/06/2016, Print Time:5:19 PMDA ISSUE

NORTH

(02)

LH

Construction Show onDA Plans

Show onCC/CDCPlans &specs

CertifierCheck

Insulation requirements

The applicant must construct the new or altered construction (floor(s), walls, and ceilings/roofs) in accordance with the specifications listed inthe table below, except that a) additional insulation is not required where the area of new construction is less than 2m2, b) insulation specifiedis not required for parts of altered construction where insulation already exists.

Construction Additional insulation required (R-value) Other specifications

floor above existing dwelling or building. nil

external wall: brick veneer R1.16 (or R1.70 including construction)

raked ceiling, pitched/skillion roof: framed ceiling: R2.50 (up), roof: foil/sarking dark (solar absorptance > 0.70)

BASIX Certificate number: A240305 page 3 / 6

Planning & Infrastructure Building Sustainability Index www.basix.nsw.gov.au

Glazing requirements Show onDA Plans


CertifierCheck

Windows and glazed doors

The applicant must install the windows, glazed doors and shading devices, in accordance with the specifications listed in the table below.Relevant overshadowing specifications must be satisfied for each window and glazed door.

The following requirements must also be satisfied in relation to each window and glazed door:

Each window or glazed door with standard aluminium or timber frames and single clear or toned glass may either match the description, or,have a U-value and a Solar Heat Gain Coefficient (SHGC) no greater than that listed in the table below. Total system U-values and SHGCsmust be calculated in accordance with National Fenestration Rating Council (NFRC) conditions.

For projections described in millimetres, the leading edge of each eave, pergola, verandah, balcony or awning must be no more than 500 mmabove the head of the window or glazed door and no more than 2400 mm above the sill.

Overshadowing buildings or vegetation must be of the height and distance from the centre and the base of the window and glazed door, asspecified in the 'overshadowing' column in the table below.

Windows and glazed doors glazing requirementsWindow/ doorno.

Orientation Area ofglassinc.frame(m2)

Overshadowing Shading device Frame and glass type

Height(m)

Distance(m)

D1 W 11.69 0 0 awning (adjustable) >=900 mm standard aluminium, single clear, (orU-value: 7.63, SHGC: 0.75)

D2 E 8.99 0 0 awning (adjustable) >=900 mm standard aluminium, single clear, (orU-value: 7.63, SHGC: 0.75)

W1 N 1.16 6 1.75 none standard aluminium, single clear, (orU-value: 7.63, SHGC: 0.75)

W2 E 0.36 0 0 none standard aluminium, single clear, (orU-value: 7.63, SHGC: 0.75)

W3 S 2.1 0 0 none standard aluminium, single clear, (orU-value: 7.63, SHGC: 0.75)

W4 S 0.36 0 0 none standard aluminium, single clear, (orU-value: 7.63, SHGC: 0.75)



Fixtures and systems Show onDA Plans


CertifierCheck

Lighting

The applicant must ensure a minimum of 40% of new or altered light fixtures are fitted with fluorescent, compact fluorescent, orlight-emitting-diode (LED) lamps.

Fixtures

The applicant must ensure new or altered showerheads have a flow rate no greater than 9 litres per minute or a 3 star water rating.

The applicant must ensure new or altered toilets have a flow rate no greater than 4 litres per average flush or a minimum 3 star water rating.

The applicant must ensure new or altered taps have a flow rate no greater than 9 litres per minute or minimum 3 star water rating.



Building Sustainability Index www.basix.nsw.gov.au

Alterations and Additions

Certificate number: A240305

This certificate confirms that the proposed development will meet the NSWgovernment's requirements for sustainability, if it is built in accordance with thecommitments set out below. Terms used in this certificate, or in the commitments,have the meaning given by the document entitled "BASIX Alterations and AdditionsDefinitions" dated 18/09/2014 published by Planning & Infrastructure. Thisdocument is available at www.basix.nsw.gov.au

Director-GeneralDate of issue: Friday, 29, January 2016To be valid, this certificate must be lodged within 3 months of the date of issue.

Project address

Project name Neutral Bay Residence

Street address 19 Ben Boyd Road Neutral Bay 2089

Local Government Area North Sydney Council

Plan type and number Deposited Plan 220254

Lot number 1

Section number 0

Project type

Dwelling type Unit

Type of alteration andaddition

My renovation work is valued at $50,000 or more.

Certificate Prepared by (please complete before submitting to Council or PCA)

Name / Company Name: Glendenning Szoboszlay Architects

ABN (if applicable): 059 650 163

page 1 / 6






Project address





Lot number 1

Section number 0

Project type

Dwelling type Unit






page 1 / 6






Project address





Lot number 1

Section number 0

Project type

Dwelling type Unit






page 1 / 6

B Revised DA Issue 22/06/2016


Coastplarr CcnsLr lting

NOffiTÍ..t $Yil¡JilT T. ],,, : ; ;, i.RECËlVí:î1 r\i',,,r!ì

2 3 [4ÅY 2ût6

REQUEST FOR EXEMPTIil

^ rl r-r-\

,t'! i -': .y' iìMS_NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013

(NSLEP)

CLAUSE 4.6

EXCEPTION TO DEVELOPMENT STANDARDS

APPLICANT: Coastplan Consulting

ADRRESS: 19 Ben Boyd Road, Neutral Bay

PROPOSAL: Proposed alterations and additions to the existing shop top housing

development.

DEVELOPMENT STANDARD: Maximum Floor Space Ratio under Clause a. Q) of

the NSLEP.

Introduction

This submission is a request for contravention of the abovementioned development

standard in relation to the proposed alterations and additions to the existing shop top

housing development at 19 Ben Boyd Road, Neutral Bay on the basis that:

1. Compliance with the development standard is unreasonable or unnecessary in

the circumstances of the case and;

2. There are sufficient En'¡ironmental planning grounds to justify contravening the

development standard and;

3. The proposed development will be in the public interest because it is consistent

with the objectives of the particular standard and the objectives for

development within the zone in which the development is proposed to be

carried out.

4. Contravention of the standard in this instance will not raise any matters of State

or Regional significance.

5. There is no public benefit in maintaining the standard on this occasion.

The development Standard to which the request relates

Clause 4.4 (2) of the NSLEP states:

(2) The maximum floor space ratio for a building on any land is not to exceed the

floor space ratio shown for the land on the Floor Space Ratio Map.

Statement of Environmental Effects Page 21

Proposed Alterations & Additions to Existing Shop Top Housing at 19 Ben Boyd Rd, NeutralBay


Coastpìan Corrsultrng

The respective map identifies a maximum floor space ratio (FSR) of 1:1 in respect of

the subject site.

The Objectives of the Development Standard

The objeclives of the standard are:

(a) to ensure the intensity of development is compatible with the desired future

character and zone objectives for the land,

(b) to limit the bulk and scale of development.

The Nature of the Departure from the Development Standard

The provisions of Clause 4.4 of the NSLEP requires a maximum FSR of 1:1 the

existing development on lhe site has a FSR of 1.39:1 and the proposed alterations

and additions will result in a total FSR of 1.89:1.

Why Compliance with the Development Standard is Unreasonable or

Unnecessary in the Circumstances of the Case

Compliance with the maximum FSR is unreasonable or unnecessary in the

circumstances of the case for the following reasons:

¡ The proposed development will emulate a similar addition carried out to the

neighbouring shop top housing development immediately to the north and will

complement the pair of buildings occupying the B1 Neighbourhood Business

Centre within the locality.

. The massing, bulk, scale and height of the proposed development is

commensurate with existing developments on immediately adjoining

properties to the north and south and compatible with surrounding built forms

in the immediate locality.

. The proposed addition is setback approximately 7m from the Ben Boyd Road

alignment reducing the apparent bulk of the development whilst adding to

articulation so as to achieve a positive contribution to lhe streetscape and the

wider public domain.

. Whilst the departure from the development standard appears significant i.e. a

variation of 0.8:1 the existing FSR is 1.39:1 and the actual additional floor

area is 32.77m2 which is considered minor in terms of the bulk and scale that

it adds to the building.

Statement of Environmental Effects Page 22Proposed Alterations & Additions to Existing Shop Top Housing at 19 Ben Boyd Rd, NeutralBay


Coastplart Cortsulting

The proposed development will comply with the provisions of the DCP in

relation to solar access to surrounding properties, visual and acoustic privacy

and view sharing.

The proposed development has been assessed as consistent with the desired

future character of the Neutral Bay Neighbourhood section of the Neutral Bay

Planning Area.

The proposed development will have an acceptable impact on lhe setting of

the heritage houses opposite the subject site at 12A - 36 Ben Boyd Road,

Neutral Bay.

The proposed development will result in an improved internal amenity to the

existing dwelling on the site without incurring adverse impact on surrounding

properties.

The proposal is consistent with the objectives of Clause 4.4 of the NSLEP.

a

a

a

As such, the proposed development satisfies the objectives of the maximum

allowable floor space control, notwithstanding the strict numerical departure from the

standard.

The Environmental Planning Grounds which Justify Contravening the


Sufficient environmental planning grounds exist to justify departure from the

development standard on this occasion in that:

¡ The proposed development is of high quality residential design and is

accompanied by a BASIX certificate conforming to the requirements of the

SEPP in relation to potable water consumption, energy efficiency and

thermalcomfort.

. The proposed development will not have any adverse environmental

impacts on surrounding development or the public domain.

o The additional floor space improves the amenity for the residents.

The Public Interest/Consistency with the Objectives of the Standard and the

objectives for development within the zone

The proposed development is consistent with the intent of the standard in that the

existing building integrates satisfactorily with the massing, bulk, scale and height of



Coastplan Ccnsnltirrg

surrounding developments and the proposed use preserve the amenity of

neighbouring properties and the public domain.

The development is consistent with the zone objectives which has been addressed in

the Statement of Environmental Effects that accompanies the development

application.

Conclusion

The proposed development is consistent the objectives of Clause 4.6 of the NSLEP

of providing an appropriate degree of flexibility in applying certain development

standards to particular development and satisfies the considerations requiring

assessment in the respective sub-clauses.

Compliance with the development standard is unreasonable or unnecessary in the

circumstances of the case, and there are sufficient environmental planning grounds

to justify contravening the development standard.

Departure from the standard on this occasion will achieve a better outcome for and

from the proposed development, will not raise any matter of significance for State or

Regional environmental planning and no public benefit will be served by maintaining

the standard on this occasion.

ïhe justification for departure from the deveiopment stanclard is worthy of support

Tony TuxworthTown Planner MPIA

23 December 2O15

Statement of Environmental Etfects Page 24Proposed Alterations & Additions to Existing Shop Top Housing at 19 Ben Boyd Rd, NeutralBay


Coastplan Consulting

Appendix B

4.6 Objection Height

|"

Statement ol Environmental Effects Page 25Proposed Alterations & Additions to Existing Shop Top Housing at 19 Ben Boyd Rd, NeutralBay



REQUEST FOR EXEMPTION

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013

(NSLEP)

CLAUSE 4.6

EXCEPTION TO DEVELOPMENT STANDARDS

APPLICANT: Coastplan Consulting

ADRRESS 19 Ben Boyd Road, Neutral Bay

PROPOSAL Proposed alterations and additions to the existing shop top

housing development

DEVELOPMENT STANDARD: Maximum Height under Clause 4.3 of the NSLEP

lntroduction

This submission is a request for contravention of the abovementioned development

standard in relation to the proposed alterations and additions to the existing shop top

housing development at 19 Ben Boyd Road, Neutral Bay on the basis that:

1. Compliance with the development standard is unreasonable or unnecessary in

the circumstances of the case and;

2. There are sufficient Environmental planning grounds to justify conlravening the

development standard and;

3. The proposed development will be in the public interest because it is consistent

with the objectives of the particular standard and the objectives for

development within the zone in which the development is proposed to be

carried out.

4. Contravention of the standard in this instance will not raise any matters of State

or Regional significance.

5. There is no public benefit in maintaining the standard on this occasion.

Statement of Environmental Etfects Page 26Proposed Alterat¡ons & Additions to Existing Shop Top Housing at 19 Ben Boyd Rd, NeutralBay



The development Standard to which the request relates

Clause 4.3 (2) of the NSLEP states:

(2) The height of a building on any land is not to exceed the maximum height

shown for the land on the Height of Buildings Map.

The respective map identifies a maximum allowable height of buildings in this case of

8.5m.

The Objectives of the Development Standard

The objectives of the development standard are:

(a) to ensure that buildings are compatible with the desired future character in

terms of building height and roof forms,

(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar

access to existing development.

The Nature of the Departure from the Development Standard

The proposed development exceeds the maximum allowable height of the building as

the roof over the proposed bedroom addition will be approx. 11.35m high at the

highest point above natural ground level.

Why Compliance with the Development Standard is Unreasonable or

Unnecessary in the Circumstances of the Case

Compliance with the 8.5m maximum allowable height of buildings standard is

unreasonable or unnecessary in the circumstances of the case for the following

reasons:

. The roof over the proposed bedroom addition is a similar height to the roof

over the upper most floor level of the building on the adjoining site to the

north. The building to the north is a similar mixed use building.

o the proposed development will have an acceptable visual impact when

viewed from surrounding properties and the public domain and will integrate

satisfactorily with surrounding developments.

. The proposed development, inclusive of the part of the building that exceeds

the height, does not cause unreasonable overshadowing or view loss impacts

to surrounding properties.



Coastplan Consr-rltrng

a The roof of the bedroom is setback from the street and is not readily visible

from street level.

The objectives of the development standard in Clause 4.3 Height of buildings of the

CBLEP are:

a) to ensure that buildings are compatible with the desired future character in

terms of building height and roaf forms,

b) to minimise visual impact, disruption of views, loss of privacy and loss of soiar



development is consistent with the desired future character in terms of building height

and roof forms. The development has a similar roof form and height to the existing

building on the adjoining site to the north. The proposal will minimise visual impact

and associated impacts relating to, loss of views and loss of privacy and loss of solar


Therefore, it is considered that the compliance with the development standard is

unreasonable or unnecessary in the circumstances of the case.

The Environmental Planning Grounds which Justify Contravening the


Sufficient environmental planning grounds exist to justify departure from the

development standard on this occasion in that:

o The proposed development will not have any significant adverse

environmental impacts on surrounding development or the public domain

including the views from the adjoining properties.

. The departure of the development standard in the context of the proposed

development will promote the proper and orderly development of land as

contemplated by the controls applicable to the R2 zone in accordance with

the objective of the Act (ss(a)(ii)).

The Public lnterest/Consistency with the Objectives of the Standard and the

objectives for development within the zone

Statement of Environmental EtfectsProposed Alterations & Additions to Existing Shop Top Housing at 19 Ben Boyd Rd,Bay

PageNeutral

28


Ooästplart ConsLr ltrng

It is considered that the development is in the public interest because it is consistent

with the objectives of the development standard of B.5m required by Clause 4.3 of

the CBLEP and the objectives of the R2 zone in which the development is to be

carried out. The compliance with the objectives of the development standard and the

R2 zone are addressed below.

The objectives of the development standard in Clause 4.3 Height of buildings of the

CBLEP are:

a) to ensure that buildings are compatible with the desired future character in

terms of building height and roof forms,

b) to minimise visual impact, disruption of views, loss of privacy and loss of solar



development is consistent with the desired future character in terms of building height

and roof forms. The development also has a similar roof form and height to the

building on the adjoining site to the north and will minimise visual impact and

associated impacts relating to loss of views, privacy and loss of solar access to

existing development.

The development is permissible within the B1 zone

-lhe objectives of the zone are:

. To provide a range of small-scale retail, business and community uses that

serve the needs of people who live or work in the surrounding neighbourhood.

. To encourage active street life while maintaining high levels of residential

amenity.

. To encourage development for the purpose of shop top housing.

The proposal is consistenl with the relevant objectives of the zone in that the

proposed development will encourage active street life while maintaining high levels

of residential amenity by providing a roof top deck and will add to the existing shop

top housing development on the site.



Coastplan Consultirrg

The contravenlion of the 8.5m height development standard does not raise any

matter of significance for State or regional environmental planning and there is no

public benefit in maintaining the development standard.

Gonclusion

The proposed development is consistent with the objectives of Clause 4.6 of the

CBLEP of providing an appropriate degree of flexibility in applying certain

development standards to particular development and satisfies the considerations

requiring assessment in the respective sub-clauses.

The circumstances of the case are such that it is considered that the compliance with

the development slandard is unreasonable or unnecessary in the circumstances of

the case.

There are sufficient environmental planning grounds to justify contravening the

development standard.

The matters required to be demonstrated by subclause (3) have been adequately

addressed and the proposed development will be in the public interest because it is

consistent with the objectives of Clause 4.3 of the NSLEP and the objectives of the

81 zone.

The contravention oi the B.Sm height deveiopment standard does not raise any

matter of significance for State or regional environmental planning and there is no

public benefit in maintaining the development standard.

Tony Tuxworth

Grad Dip Urban and Regional Planning, MPIA

5 May 2016

Statement ol Environmental EffectsProposed Alterations & Additions to Existing Shop Top Housing at 19 Ben Boyd RdBay

PageNeutral

30


Documents

Item - REPORTS - North Sydney Council · 2016. 10. 27. · including an additional level, a roof terrace and external stairs. PLANS REF: Drawings numbered DA-A02 to DA-A09, DA-A10