Item - REPORTS - North Sydney Council · 2016. 9. 1. · PROPOSAL: Installation of a vergola over the third floor terrace of an existing dwelling. PLANS REF: Drawings numbered 16484,

Item ___IPP05________ - REPORTS -______07/09/2016_________

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 07/09/2016

Attachments:

1. Site Plan

2. Architectural Drawings

3. Clause 4.6 Variation

ADDRESS/WARD: 26 Cowdroy Avenue, Cammeray (T)

APPLICATION No: DA 254/16

PROPOSAL: Installation of a vergola over the third floor terrace of an existing

dwelling.

PLANS REF: Drawings numbered 16484, revision B, sheets 1-6, dated 01-07-

16, drawn by Vergola and received by Council on 14 July 2016.

OWNER: Peiyan Bei and Meilin Wang

APPLICANT: Peta Holmes, C/- Performance Building Consultants

AUTHOR: Report of Judith Elijah, Student Town Planner,

DATE OF REPORT: 9 August 2016

DATE LODGED: 14 July 2016

RECOMMENDATION: Approval

Report of Judith Elijah, Student Town Planner Page 2

Re: 26 Cowdroy Avenue, Cammeray

EXECUTIVE SUMMARY

This development application seeks development consent for the installation of a vergola over the

third floor terrace of an existing dwelling located at No. 26 Cowdroy Avenue, Cammeray.

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

determination because the variation sought to the building height development standard is

greater than 10%, which requires determination of the application by the Panel in

accordance with the directions from the NSW Department of Planning and Environment.

Council’s notification of the proposal has attracted no submissions.

The height of the new vergola would be above the permissible height limit of 8.5 metres.

Consequently, the applicant has submitted a clause 4.6 statement seeking a variation to the

permitted building height limit.

The statement was considered to be well founded because the building elements above the

maximum building height are unlikely to cause adverse amenity impacts for the adjoining

properties in terms of view and/or privacy loss nor any material overshadowing. Given that the

vergola would be located at the rear of the dwelling, there would be no impact upon the

streetscape. The vergola would be located well away from the foreshores of the Harbour so there

would be no affectation on views to/from Sydney Harbour.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is

considered to be satisfactory and recommended for approval.

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1

Re: Page 3

Property/Applicant Submittors - Properties Notified

26 Cowdroy Avenue, Cammeray - DA 254/16



DESCRIPTION OF PROPOSAL

The applicant seeks approval for the construction of a vergola over the third floor terrace at the

rear of an existing dwelling at No. 26 Cowdroy Avenue as shown in figures 1 and 2 below:

Figure 1: Eastern elevation of the subject site with the proposed vergola demonstrated in

green.

Figure 2: Rear elevation of the subject site with the proposed vergola demonstrated in

green.

Figure 3: Plan of the vergola



Figure 4: The proposed location of the vergola

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – E4 (Environmental Living)

Item of Heritage – No.

In Vicinity of Item of Heritage – No.

Conservation Area – No

FSBL - Yes

Environmental Planning & Assessment Act 1979

SREP (Sydney Harbour Catchment) 2005

SEPP 55 – Remediation of Land

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The site is identified as Lot 13 DP 8933 and is also known as No. 26 Cowdroy Avenue,

Cammeray. The subject site is situated within an E4 – Environmental Living Zone with a lot size

of approximately 1186.2m2. The site has a steep fall from the street towards Long Bay and is

occupied by a single dwelling, boat shed and swimming pool with a foreshore building line. The

residents would enjoy significant views of Long Bay as shown below in figure 5 below.



Figure 5: Views from the existing terrace

Figure 6: Aerial view of the subject site and surrounding development.

(Source: Nearmap, accessed 8/08/2016)

The dwelling is not a heritage item nor is it located within a conservation area. However, the site

has a maximum permissible building height of 8.5m2.

SUBJECT SITE



Figure 7: Council’s land use zoning map.

Figure 8: Council’s Bushland Buffer Map

identifying the site as being within 300m of

bushland.

RELEVANT HISTORY

Previous Applications:

A search of Council records has revealed no relevant development history for the subject site.

Current Application:

The history of the subject application is summarised below:

14 July 2016 The subject application (DA44/16) was lodged with Council.

28 July 2016 Council requested in a letter a Clause 4.6 submission seeking a variation to

the building height control.

29 July 2016 The subject application was notified to adjoining properties and the Bay

Precinct, inviting comment between 29 July 2016 and 12 August 2016. No

submissions were received.

9 August 2016 The applicant submitted the additional information as requested in

Council’s letter dated 28 July 2016.

18 August 2016 A site inspection was conducted by the assessment officer.

REFERRALS

Given the relatively minor nature of the application it was considered unnecessary to refer the

application to other divisions within Council.

SUBMISSIONS

The subject application was notified to adjoining properties and the Bay Precinct, inviting

comment between 29 July 2016 and 12 August 2016. No submissions were received.



CONSIDERATION

The relevant matters for consideration under relevant sections of the Environmental Planning

and Assessment Act 1979, are assessed under the following headings:

SREP (Sydney Harbour Catchment) 2005

The subject site is located on the map that is affected by the above SREP. The proposed vergola,

however, would be located well above the mean high water mark so there would be no impact

upon marine life, foreshore vegetation and/or water quality. The simple open vergola over the

existing terrace on the third floor would not have a significant impact upon views to/from Long

Bay. Consequently, the aims and objectives of the SREP would not be compromised by the

proposed development.

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. Council’s records indicate that the site has

previously been used for residential development and as such is unlikely to contain any

contamination; therefore the requirements of the above SEPP have been satisfactorily addressed.

NORTH SYDNEY LEP 2013

Principal Development Standards – North Sydney Local Environmental Plan 2013

Compliance Table Site Area – 1186.2m² Proposed Control Complies

Clause 4.3

Heights of Building 9.9m 8.5m

NO

Clause 4.6

1. Permissibility within the zone:

The subject site is zoned E4 – Environmental Living under the provisions of the North Sydney

Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of alterations and

to an existing dwelling is permissible with the consent of Council.

2. Objectives of the zone

The objectives of the zone are stated below:

• To provide for low-impact residential development in areas with special ecological,

scientific or aesthetic values.

• To ensure that residential development does not have an adverse effect on those values.

• To ensure that a high level of residential amenity is achieved and maintained.

It is considered that residential amenity for the subject site and adjoining properties would be

maintained with the proposed alteration to the existing dwelling.

The installation of the vergola would not result in any view and/or privacy loss or have any

adverse solar impact upon adjoining properties.



Therefore, the proposed vergola is considered to be an appropriate form of low impact

development for the property within the Environmental Living Zone, subject to appropriate

conditions.

3. Building Heights

The maximum permissible building height for the subject site is 8.5m pursuant to Clause 4.3(1)

of NSLEP 2013. The proposed vergola would be situated at a height of 9.9m that causes a non-

compliance with Council’s permissible height limit of 8.5m as shown in figure 9 below.

Figure 9: Existing and proposed building heights in respect of the building height limit

and the topography of the land.

The applicant has submitted a written request seeking a variation to the building height

development standard in accordance with Clause 4.6 of NSLEP 2013.

4. Clause 4.6 Exceptions to Development Standards

The proposed breach has been assessed against the planning objectives of Clause 4.6 of NSLEP

2013 and the objectives of the building height control. These matters have been considered

below: -

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

stepping development on sloping land to follow the natural gradient

The design of the proposed vergola above the third floor terrace at the rear of the

existing dwelling would not alter the stepped form of the building that follows the

natural topography of the site The proposal would not be visible from the streetscape

and would not result in the loss of landscaped area or vegetation, given that the

works would be contained within the existing building footprint. Therefore, it is

considered that the design of the proposal would still respect the natural landform.

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

The adjoining dwellings enjoy significant views to Long Bay. The proposed vergola

would be located at the rear of the site and would be located below the existing ridge

height of the building. Therefore, it is considered that the proposed vergola is

unlikely to result in any adverse view impacts for surrounding developments in terms

of view loss so the proposal is considered to be satisfactory in this respect.

7.3m

Existing Height of

Terrace

9.9m

Proposed Height of

Terrace with Vergola



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

promote solar access to future development

The subject site adjoins residential dwellings to the north east and south west. The

proposed vergola would have little to no impact upon the solar access received by

these adjoining properties.

No. 24 Cowdroy Avenue (North-East)

Given that the allotment of this adjoining property has an irregular shape, the

dwelling at No. 24 Cowdroy Avenue has an unusual orientation and siting that

results in a substantial setback from the front boundary. The shadow diagrams

submitted suggest that the proposed vergola on the subject site would have minor

overshadowing impact at 9am during winter upon the front setback of the

adjoining property at No. 24 Cowdroy Avenue. Therefore, the proposal is not

anticipated to have an adverse overshadowing impact and is considered to be

saitsfactory in this regard.

Figure 10: Aerial view of the adjoining property at No. 24 Cowdroy Avenue

demonstrated in yellow in relation to the subject site.


Figure 11: Shadow Diagram submitted demonstrating the additional

overshadowing upon the adjoining property at No. 24 Cowdroy Avenue at 9AM

during winter.

SUBJECT

SITE



No. 28 Cowdroy Avenue (South-West)

The proposed vergola on the subject site would result in minor additional

overshadowing of the adjoining property at No. 26 Cowdroy Avenue at 3pm

during winter. However, this impact is not anticipated to be detrimental to the

solar access received by the dwelling and private open space on this adjoining

property and is considered to be satisfactory.

Figure 12: Aerial view of the adjoining property at No. 28 Cowdroy Avenue

demonstrated in green in relation to the subject site.


Figure 13: Shadow Diagram submitted demonstrating the additional

overshadowing upon the adjoining property at No. 28 Cowdroy Avenue at 9PM

during winter.

There would be no material overshadowing arising from the proposed vergola during

midday.

Therefore, the proposal is considered to be satisfactory in maintaining appropriate

levels of solar access to adjoining properties and the subject site.

SUBJECT

SITE



(1)(d) To maintain privacy for residents of existing dwelling and to promote privacy for

residents of new buildings

The proposal does not involve any increase in size of the existing terrace.

Consequently, there would be no additional visual and/or acoustic privacy impacts

arising from the proposed vergola for residents for adjoining properties.

(1)(e) To ensure compatibility between development, particularly at zone boundaries

The subject site is situated within an E4 – Environmental Living zone where the

building follows the natural topography of the land. It is considered that the proposed

vergola would be compatible with the surrounding development given that buildings

on adjoining properties are similar in nature to that of the subject site.

(1)(f) To encourage an appropriate scale and density of development that is in

accordance with, and promotes the character of the area

The proposed development is not considered to be of an unreasonable scale or

density when viewed from the harbour foreshores given the substantial setback to the

foreshore. The proposed vergola would not be visible from the Cowdroy Avenue

given that it would be located on the harbour side elevation. The proposal is

considered to be of a suitable scale that would complement the existing residential

character of the area.

Whether there are sufficient planning grounds to justify contravening the development

standard?

The existing dwelling on the subject site follows the topography of the land as required by

NSDCP 2013 as does the proposed vergola over the existing third floor terrace. The proposed

vergola would be situated at the rear and not be visible from Cowdroy Avenue. The vergola wold

be contained within the existing building footprint on the site and there would be no tree removal

to accommodate the proposed development. The proposal would not result in any adverse

amenity impacts in terms of built form character of the building that is suitable in its site context.

Therefore, there are sufficient environmental planning grounds to justify the minor non-

compliance with the permitted building height control.

Whether the proposed development will be in the public interest?

The proposed development will provide improved amenity for the residents of the subject site

and maintain residential amenity for surrounding properties. The proposal is unlikely to offend

the public interest.

It is concluded that the proposal would have no adverse material or amenity impacts upon

neighbouring properties in relation to visual and acoustic privacy and solar access. The proposal

would maintain the characteristic built form of the dwelling on the subject site and adjoining

properties that is suitable for the E4 – Environmental Living zone. Having regard to the above,

the request under Clause 4.6 of NSLEP 2013 seeking a variation to the LEP building height

control is considered well-founded and strict compliance with the standards is considered to be

unreasonable and unnecessary.



9. Heritage Conservation

The subject property is not within a heritage conservation area and is not a heritage item.

10. Earth Works

No earthworks are proposed as a result of the development therefore, clause 6.10 is not strictly

applicable to the site.

NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development

Complies Comments

1.2 Social Amenity

Population Mix

Maintaining Residential

Accommodation

Yes The proposal would not change the population mix and the level of

residential accommodation available within the locality.

Affordable Housing

Housing for Seniors/Persons

with disability

Yes The proposed development would not affect the supply of affordable

housing and housing for seniors or people with disabilities.

1.3 Environmental Criteria

Topography

Yes

The site has a steep slope from Cowdroy Avenue towards Long Bay.

The proposed vergola would be installed above the existing third

level terrace at the rear of the dwelling located on the subject site.

The vergola would be contained within the existing built form and

would have no impact upon the topography of the property.

Proximity to Bushland

Yes

The subject site is identified as being within 300m of bushland and is

within an E4 – Environmental Living Zone. The locality of the

subject site however is highly urbanised and the proposal does not

involve the removal of any trees or vegetation. Therefore, the

proposal is considered to satisfy Council’s requirements for

development in close proximity to bushland.

Bush Fire Prone Land Yes The subject site is not identified as Bushfire Prone Land.

Foreshore Frontage

Yes

The proposal is situated on land adjacent to the foreshore and found

to satisfactorily having regard to the objectives of SREP (Sydney

Harbour Catchment) 2005. The proposed vergola would be situated

above the mean high water mark and there would be no tree removal

to locate the vergola within the existing building footprint. The

proposal is considered to be of an appropriate bulk and scale

compatible with the surrounding development. The proposal is

considered to be satisfactory in this regard.

Views

Yes

There would be no view loss arising from the proposed vergola

because the structures would not protrude beyond the existing

footprint of the building and would be no higher than the existing

building.

Solar Access

Yes

The proposed vergola would have no adverse impact upon solar

access for the adjoining properties at No’s. 24 and 28 Cowdroy

Avenue given the scale of the proposed works and the building

orientation and/or siting of the dwellings on the adjoining properties.

The proposal is considered to be satisfactory in this regard. Please

refer to the discussion under point (1)(c) of Clause 4.6 Exceptions to

Development Standards with regards to the maintenance of solar

access for further comments.



Acoustic Privacy

Yes

Acoustic privacy would be maintained for the residents of adjoining

properties as there are no new openings proposed that would cause

an additional loss of acoustic privacy. Furthermore, the area of the

terrace would not be increased as a result of the proposed

development so the proposal is considered to be satisfactory in this

regard.

Visual Privacy

Yes

The proposal would not cause a loss of visual privacy for adjoining

properties as there would be no increase in the size of the terrace.

Therefore, the proposal is considered to be satisfactory.

1.4 Quality built form

Context

Yes

The proposed vergola would provide weather protection whilst

residents are using the outdoor terrace on the third level.

Consequently, the vergola is considered to be appropriate in the site

context where other nearby buildings have similar terraces

overlooking Long Bay.

Subdivision Pattern N/A

The proposal would not change the subdivision pattern of the subject

site and the locality.

Streetscape

Yes

The proposal is unlikely to cause any loss and/or damage to public

infrastructure and the proposed vergola would be located at the rear

of the building so there would be no impact upon the streetscape.

Siting Yes

The proposal would not alter the siting of the dwelling on the

property.

Setback – Side

Yes

The proposed vergola would be contained within the existing

building footprint and therefore, no alterations to the existing

setbacks are proposed as part of this application.

Setback - Rear Yes See comments above.

Form Massing Scale

Yes

The proposed vergola is a simple open structure that is unlikely to

result in any unnecessary bulk to the building. The vergola would not

alter the scale of the existing dwelling as it would be contained under

the existing ridge height of the building. Therefore, the proposal is

considered to be satisfactory.

Built Form Character

Yes

The proposed vergola is consistent with the function of the outdoor

terrace so the proposal would not compromise the character of the

building and would remain compatible with the surrounding E4 –

Environmental Living Zone.

Dwelling Entry N/A The dwelling entry would be not changed with the proposal.

Roofs Yes

The flat roof of the vergola would be complementary to the roof

form of the existing building and is considered to be satisfactory.

Colours and Materials

Yes

A standard condition is recommended to ensure that the colours and

materials of the proposed vergola is complementary to the existing

character of the dwelling on the subject site and the locality (see

condition C3).

Front Fences N/A

The proposal does not include works to the front fence of the

property.

1.5 Quality Urban Environment

High Quality Residential

Accommodation Yes

The proposal would provide improved amenity for the residents of

the subject site.

Safety and Security Yes

The proposal would not compromise the safety and security of the

site.

Vehicle Access and Parking Yes

There would be no change to the existing parking arrangement on

site.

Site Coverage

Yes

The proposal would have no impact upon site coverage as the

proposed vergola would be constructed within the existing building

footprint of the subject site.

Landscape Area/

Unbuilt upon area Yes

Similarly, no changes are proposed to the landscaped and/or unbuilt

areas because the vergola would be located over an existing third

floor terrace.

Excavation N/A No excavation works are associated with the proposed development.



Landscaping N/A

As indicated above, the proposal does not include any changes to the

existing landscaping.

Front Gardens N/A No change is proposed to the existing front garden.

Private and Communal Open

Space Yes

There would be no changes to the amount of private open space and

the vergola would improve the functionality of the third floor terrace.

Garbage Storage Yes

The proposal does not include any changes to the current garbage

storage and/or disposal arrangements.

Site Facilities Yes The proposal would have no impact upon the existing site facilities.

1.6 Efficient Use of Resources

Energy Efficiency Yes

It is anticipated that the proposal would not discourage the efficient

use of resources.

Cammeray Planning Area (Cammeray Neighbourhood)

The proposal is generally consistent with Part C of North Sydney DCP 2013 in particular Section

4 of the Character Statement for the Cammeray Planning Area and Section 4.2 for the Cammeray

Neighbourhood.

The proposal would have no impact upon the steep topography of the land that falls towards

Long Bay. The proposed vergola would be situated within the existing built footprint of the

subject dwelling on the site and would not require the disturbance or removal of any trees or

vegetation on the site.

The vergola is to be situated at the harbour side of the dwelling below the existing ridge height

would therefore not be visible from the Cowdroy Avenue streetscape. Furthermore, the proposed

vergola would be an open, simple structure below the existing ridge height that would have no

impact upon views from adjoining properties to the harbour foreshores.

Therefore, the proposed development would complement the existing character of the Cammeray

Neighbourhood and is considered to be satisfactory in this regard.

SUITABILITY OF THE SITE

The proposal is suitable for the site because it provides weather protection for a terrace being an

ancillary element to the existing dwelling, which is a permissible form of development within the

E4 – Environmental Living zone.

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 N/A

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 YES

Environmental Planning and Assessment (Amendment) Act 1979

SUBMITTORS CONCERNS

There were no submissions in response to Council’s notification letter.

CONCLUSION

The proposal involves the construction of a vergola over an existing third floor terrace on the

harbour side of the existing dwelling overlooking Long Bay. The assessment of the application

has been undertaken having regard to the relevant planning instruments and policies in particular

SREP (Sydney Harbour Catchment) 2005, NSLEP 2013 and NSDCP 2013 and generally found

to be satisfactory.

The variation to the building height development standard is justifiable, given that the element of

the vergola that is above the LEP maximum building height is unlikely to have an adverse impact

on the character of the locality. The proposed vergola would not have a detrimental impact upon

the streetscape as it would be located on the harbour side of the building situated below the

existing ridge height of the dwelling. The simple, open structure would not have a detrimental

impact upon Sydney Harbour because it would be located over an existing terrace and designed

to provide weather protection.

There would be no material impacts upon residential amenity of any adjoining properties in terms

of view loss, overshadowing, visual and/or privacy loss because the vergola would be contained

within the existing building footprint and would not increase the size of the terrace.

The proposed vergola would improve residential amenity for the residents of the building without

causing undesirable impacts upon the streetscape, adjoining properties and/or Sydney Harbour.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is

considered to be satisfactory and therefore can be approved.



RECOMMENDATION:

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

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

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

Clause 4.6 with regard to the exception to the development standard for building height, and

grant consent to Development Application No. DA254/16 for the construction of a vergola over

the existing third floor terrace of the dwelling at No. 26 Cowdroy Avenue, Cammeray subject to

the attached standard conditions:-

Judith Elijah Robyn Pearson

STUDENT ASSESSMENT OFFICER TEAM LEADER

Stephen Beattie

MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

26 COWDROY AVENUE, CAMMERAY

DEVELOPMENT APPLICATION NO. 254/16

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Drawing No. Rev. Date Title Drawn

By Received

16484 Sheet 2 of 6 B 1-7-16 Plan Vergola 14 July 2016 16484 Sheet 3 of 6 B 1-7-16 Section Vergola 14 July 2016 16484 Sheet 4 of 6 B 1-7-16 Eastern Elevation Vergola 14 July 2016 16484 Sheet 5 of 6 B 1-7-16 Northern levation Vergola 14 July 2016 16484 Sheet 6 of 6 B 1-7-16 Western levation Vergola 14 July 2016

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

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. 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)

ATTACHMENT TO IPP05 - 07/09/2016 Page 18

26 COWDROY AVENUE, CAMMERAY DEVELOPMENT APPLICATION NO. 254/16 Page 2 of 12

September 2013 v1

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Dilapidation Report Damage to Public Infrastructure

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

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction) Structural Adequacy of Existing Building C2. 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)



September 2013 v1

External Colours and Finishes C3. 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)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C4. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $1,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls) required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after

the work is completed. The security required by this condition and in the schedule contained later in these conditions 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.

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - where the damage constitutes a hazard in which case Council may make use of

the security immediately;

the applicant has not repaired or commenced repairing damage within 48



September 2013 v1

hours of the issue by Council in writing of instructions to undertake such repairs or works;

works in the public road associated with the development are to an unacceptable quality; and

the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure) Security Deposit/ Guarantee Schedule C5. 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 ($) Footpath Damage Bond $1,000.00 TOTAL BONDS $1,000.00

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)

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

D1. 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 Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

excavation/demolition/construction process, for convenient use of site workers.

(Reason: To ensure adequate provision is made for builders’ waste)



September 2013 v1

Parking Restrictions

E2. 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) Road Reserve Safety E3. 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)

Removal of Extra Fabric E4. 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)



September 2013 v1

Dust Emission and Air Quality E5. 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. (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

E6. 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) Special Permits E7. 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 E8. 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



September 2013 v1

inclusive, with no work on Sundays and Public Holidays. 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) Site Amenities and Facilities E9. 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 E10. 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.



September 2013 v1

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 E11. 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 E12. 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)

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



September 2013 v1

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.

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.

(Reason: Prescribed - Statutory) 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



September 2013 v1

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)

Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. 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 the erection of the building.

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

prior to the commencement of any building work, demolition or excavation)

Site Sign F8. 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.



September 2013 v1

(Reason: Prescribed - Statutory) 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)

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)


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North Sydney CouncilCopyrighl:

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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.

Application to Vary a Development StandardClause 4.6

26 Cowdroy Ave, Cammeray

CIS - NSCDATE RECEIVED

I 9ug åo16

1. What is the name of the environmental instrument that applies to the land?

North Sydney LEP 2013

2. What is the zoning?

Residential E4 Environmental Living

3. What are the objectives of the zone?

To provide þr low-impact residential development in areqs with special ecological, scientfficor aesthetic values.. To ensure that residential development does not have an adverse ffict on those values.. To ensure that a high level of residential amenity is achieved and maintained.

4. What is the development standard being varied?

Height

5. Under what clause is the standard listed?

Clause 4.3

6. What are the objectives of the standard?

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

sloping land tofollow 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 futur e dev e lopment,(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,(fl to encourage an appropriate scale and densily of development that is in accordance with, and promotes

the character of, an area.(2) The height of a building on any land is not to exceed the maximum height shownfor the land on

the Height of Buildings Map.

What is the numeric value of the development standard in the environmental planninginstrument?

7

B.5m


8. What is the proposed numeric value of the development standard in your developmentapplication?

9.99m at its highest point from natural ground level. 2.824mfrom existing (and approved) terraceareas.

9. What is the percentage variation?

r 6.1%

10. How is strict compliance with the development standard unreasonable or unnecessary inthis particular case?

The proposed Vergola conforms to the natural landform. It will promote the retention and sharing ofexisting views. The awning will maintsin solar access to existing dwellings, public reserves and streets,

and promotes solar access for future development.The proposed maintains privacy for residents of existing dwellings and promotes privacy þr residentsof new buildings. It will ensure compatibility between development, particularly at zone boundariesand encourages an appropriate scale and density of development that is in accordance with the

character ofthe area.

This request is well founded and will justifu that the development standards relating to building heightare unreasonable and unnecessary in this instance, due to the Vergola being an open structure, builtover an approved tercace area and adding no additional height to the approved building. The awninghas minimal impact in terms of privacy, solar access and views enjoyed by adjacent properties.

This height of the building remains the same as prior to the proposed atvning.

11. How would strict compliance hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Act?

The objects of this Act are

(a) to encourage:

(i) the proper management, development and conservation of natural and artificial resources,

including agricultural land, natural areas, forests, minerals, water, cities, towns and villagesfor the purpose of promoting the social and economic welfare of the community and a

better environment,(ii) the promotion and co-ordination of the orderly and economic use and development of land,

As part of this assessment, reference is made to Commissioner Roseth in Pathburn v North Sydney

[2005] NSWLEC 444 where the Senior Commissioner expressed, in terms of the planning principle thatdeals with impacts on neighbouring properties, the following:

" One should balance the magnitude of the impact with the necessary and reasonableness of the

proposal that creates it. An impact that arises from a reasonable or necessary proposal should be

assessed dffirently from an impact of the same magnitude that arises from an unreasonable orunnecessary proposal.

An impact that arises from a proposal that fails to comply with a planning control is much harder tojustify than one that arises from a complying proposal. People affected by a proposal have a legitimateexpectation that the development on adjoining properties will comply with the planning regime. "


Strict compliance with the height control in this instance would hinder greatly the resident's right to an

active use of the dwellingfor normal residential use and does not change the existing approvedbuilding height.

Conclusion

The proposed Vergola will sit on an existing and approved balcony area and will not increase the height ofthe existing and approved building. The proposed is consistent with that of the existing residence and willhave no sdverse affect to the solar access, streetscape or the distinctive character ofthe area.

It is considered that the development will not compromise the planning intent for the site or the characterand amenity of the surrounding area. This application is wellfounded and has justified that the

development standards relating to building height ore unreasonable and unnecessary in this instance.


Documents

Item - REPORTS - North Sydney Council · 2016. 9. 1. · PROPOSAL: Installation of a vergola over the third floor terrace of an existing dwelling. PLANS REF: Drawings numbered 16484,