Item - REPORTS - North Sydney Council · glass internal vestibules and construction of a new pergola over the first floor deck to accommodate photovoltaic panels . PLANS REF: Project

Item ____IPP07 _______ - REPORTS -______02/04/14_________

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 02/04/14

Attachments:

1. Site Plan 2. Architectural Plans

ADDRESS/WARD: 16-18 Fitzroy Street Kirribilli (V) APPLICATION No: DA341/13 PROPOSAL: Alterations and additions to the heritage listed Kirribilli

Neighbourhood Centre including the installation of a new air-conditioning system, construction of two (2) new frameless glass internal vestibules and construction of a new pergola over the first floor deck to accommodate photovoltaic panels

PLANS REF: Project 010303, Drawings DA 00, 01, 02, 03,04,05,06,07,08

and 09 all Issue B drawn by Ecosystem Architecture dated 29.01.14 and received by Council 30 January 2014.

OWNER: North Sydney Council APPLICANT: North Sydney Council AUTHOR: C.F.Blyth, Consultant Town Planner, Boston Blyth Fleming

Pty Ltd DATE OF REPORT: 24 March 2014 DATE LODGED: 4 October 2013 AMENDED: 30 January 2014 RECOMMENDATION: Approval

Report of C.F. Blyth, Consultant Town Planner Page 2 Re: 16-18 Fitzroy St Kirribilli

EXECUTIVE SUMMARY This application seeks consent from NSIPP for alterations and additions to the heritage listed Kirribilli Neighbourhood Centre including the installation of a new air conditioning system, two internal fameless glass vestibules and a pergola over the existing southern first floor deck at the rear to accommodate photo voltaic (PV) panels to power the air conditioning system with the aim of reducing the carbon footprint of the building. The development application is reported to North Sydney Independent Planning Panel because it involves use of a Council owned/managed heritage building. Notification of the proposal has attracted one submission from an architect representing an adjacent owner. The objection is against the earlier design that has been subsequently amended to remove the overhang referred to by the objector. The revised plans have now received the support of Council’s Conservation Planner after concerns were raised in relation to the original plans. The assessment, based on the amended plans, has considered these concerns as well as the performance of the application against Council’s planning requirements where the proposal was generally found to be satisfactory. The proposal promotes the continued conservation of the building and the comfortable use of the facility for community groups. The design of the proposal has the following benefits:

• Minimum disturbance to and respect for heritage fabric; • Energy efficiency; • Low maintenance; • Robust and reliable technology; • Negligible impact on residential neighbours; • Minimum net additional carbon footprint;

Following this assessment the development application is considered to be reasonable in the site circumstances and is recommended for approval subject to appropriate standard and site specific conditions.

Report of C.F. Blyth, Consultant Town Planner Page 3 Re: 16-18 Fitzroy St Kirribilli LOCATION MAP

•

Property/Applicant Submittors - Properties Notified

Report of C.F.Blyth, Consultant Town Planner Page 4 Re: 16-18 Fitzroy St Kirribilli

DESCRIPTION OF PROPOSAL It is proposed to install a new air conditioning system on the northern side of the Kirribilli Neighbourhood Centre (KNC). The new system will also require associated works including glass vestibules and a pergola over the existing first floor terrace constructed in the 1980s. The work is described as follows:

• Air conditioning System A split system has been proposed for the ground and first floors. A ducted supply has also been proposed for the first floor as this can be accommodated within the high roof space without loading the ceilings. Air intakes will be incorporated in the roof valleys and will not be visible from the street. Air handling units are to be connected by small diameter pipework to a compressor which is to be located adjacent to the existing switchboard on the eastern side of KNC. Surface pipework will be fixed along existing bed joints with stainless steel clips. For the ground floor, air in takes will be incorporated into the proposed internal frameless glazed vestibules.

• Frameless Glass Vestibules

Frameless glass vestibules have been proposed on the inside of the two main entrances to the building on the southern elevation in order to ensure the viability of the new air conditioning systems whilst maintaining the open door culture of the KNC. The vestibules consist of a pivoted frameless glass door allowing an access width of 850mm with an adjacent operable glass louvre panel. Frameless glass side panels will secure the vestibules. The vestibules will be provided with a clear glass roof and will be 3.0m in height The existing doorway architraves will remain intact.

• Pergola & Photo Voltaic Panels

To achieve energy efficiency and a reduced carbon footprint, the air conditioning system will be powered by a series of Photo Voltaic (PV) panels to be accommodated above a new timber and steel pergola that will be erected over the existing first floor rear terrace on the northern elevation. The pergola will extend approximately 600mm beyond the alignment of the existing posts supporting the verandah principally to accommodate the new steel posts, downpipes and gutter system to allow a 150mm clearance to the existing timber posts. The pergola has the added benefit of providing shade to the terrace allow the PV panels to be integrated into the overall building design.


The proposal is accompanied by a Statement of Environmental Effects and a Heritage Impact Statement. Also accompanying the application is an air conditioning design report and a feasibility study of the PV installation and system design.

Figure 1 - Elevation of pergola roof structure to Bligh Street

Figure 2 - Site plan showing pergola coverage restricted to existing deck dimensions STATUTORY CONTROLS North Sydney LEP 2001

• Zoning – SP2 (Community Facility) • Item of Heritage - Yes • In Vicinity of Item of Heritage – Yes (No’s 14, 20 – 50 Fitzroy Street)


• Conservation Area – No Environmental Planning & Assessment Act 1979 SEPP 55 – Remediation of Land SREP Sydney Harbour Catchment (2005) Local Development POLICY CONTROLS North Sydney DCP 2013 DESCRIPTION OF LOCALITY The site is located in a vibrant area of Kirribilli just east of the intersection of Broughton and Fitzroy Streets in close proximity to the Kirribilli Village Centre with shops, cafes, Milsons Point Railway Station and the approaches to Sydney Harbour Bridge. Immediately abutting the development site to the east and west are residential properties. To the south of the subject site across Fitzroy Street is a three storey apartment building at No.31B Fitzroy Street. Opposite the site on Bligh Street at the rear of the building is a school.

Figure 3 - Existing deck viewed from Bligh St,

with screening provided by trees and a shade sail

Figure 4 – The existing deck and its relationship with the property to the east with a 6m setback.

Residential development varies from original terrace style dwellings to residential flat buildings. The existing deck has a setback in excess of 6m from the common boundary with the dwelling house to the east. RELEVANT HISTORY The last development consent granted was in 2007 (DA31/07) which related to the relocation of a storage shed, removal of existing play equipment and a new shade structure, extension of a side path and landscape works.


The history of the current application is summarised below:

• 4 October 2013 - The subject Development Application (D341/13) for alterations and additions to the heritage listed building including the installation of a new air-conditioning system, construction of two (2) new frameless glass internal vestibules and construction of a new pergola over the first floor deck to accommodate PV panels was lodged with Council.

• 1 November 2013 - A letter was sent to the applicant raising concerns about the impacts of the proposed pergola on the significance of the subject heritage listed building due to its design and excessive bulk and scale.

• 15 November 2013 - A meeting was held with the applicant, the consultant architect and consultant heritage expert to discuss the concerns raised by Council’s Conservation Planner.

• 19 December 2013 – The applicant submitted a 3D montage of a revised pergola design with the removal of the overhang above the first floor deck.

• 30 January 2014 - The applicant submitted amended plans based on the design of the 3D montage previously submitted for further assessment.

REFERRALS Heritage The application was referred to Council’s Conservation Planner who provided the following comments:

The subject property is a heritage item being a two storey Victorian sandstone villa currently used as the Kirribilli Neighbourhood Centre. The site is located within the vicinity of other heritage items which are located at Nos.14 Fitzroy Street; 20 to 32 Fitzroy Street. The site is however, not located in a Conservation Area. The amended plans are considered to be acceptable having resolved earlier heritage issues. The proposal is considered to satisfy Clause 5.10 of NSLEP 2013, as the original form and fabric of the sandstone building will remain intact and the proposed works will be easily reversible. The proposed structure is barely attached to the original fabric with only minimal fixings to the rear wall and the rest of the structure will be supported by the new posts. The significance of the original building form, the front facade and roof structure will remain intact. The proposed works will be visible from the rear in Bligh Street. Its impact will be ameliorated by the large fig tree as well as the existing play equipment and sail structure that provide visual clutter to the rear garden. The primary roof structure of the building, the building’s rear sandstone walls and the out building will however, remain legible and the proposed addition will be clearly evident as a contemporary addition. The proposed works will have negligible impact upon the significance of the heritage item and curtilage of the nearby heritage items as the significance of the subject site is contained within the lot boundaries and the proposed works are located far enough away from the nearby heritage items.


With regard to Section 13 of NSDCP 2013, the proposal is considered to be generally compliant with the following exception: 13.9 Skylights, solar panels and satellite dishes Provision P1 Locate skylights, solar panels and other roof mounted structures away from visually prominent roof planes and front elevations. The proposal is considered to be acceptable on its merits as the proposed solar panels will be located at a height and at an angle that the solar panels will not be readily visible from Bligh St. The panels will read as roofing material as they would completely cover the new roof.

RECOMMENDATIONS The application is recommended for approval subject to the imposition of standard (Condition No’s A3, C11, C12 and E4) and the following site specific conditions (Condition No’s C1 to C6) Exterior Colour Scheme Exterior colour scheme of the proposed rear structure must match the colour scheme of the existing building. Flashing and frames of solar panels to be painted to be complimentary to the existing building and be visually submissive. (Reason: To minimise the visual impact of the proposed structure.) Air Conditioning The condenser unit/s to be located away from the front and rear elevations of the Neighbourhood Centre. No fixings are to be provided to the exterior wall stonework to elevate the condenser unit/s. All fixings (stainless steel only) are to be made into joints for the installation of condenser unit/s. Air returns must be located in the passageway which runs behind the first floor gallery. Climate control panels are to be located in close proximity to existing light switches. All internal wiring shall be chased into the wall. Conduits are to extend from the ceiling down in rooms without cornices or from the floor up in rooms with cornices. No cutting or notching of original cornices or skirtings is to occur. (Reason: To minimise the impact to the heritage item.) Roof Cowls No roof cowls to be located on the roof planes that address Fitzroy St. Roof cowls must be coloured to be visually submissive and the top of cowls must be located below the height of the roof ridge. No roof rafters are to be cut. (Reason: To retain the heritage significance of the building.)


Fixing for Pergola Fixings to the sandstone wall of the building for the pergola must be stainless steel, minimal and readily removable if required in the future without leaving remnant material or irreparable damage. Details shall be provided to the satisfaction of Council’s Conservation Planner prior to the issue of any Construction Certificate. (Reason: To allow for the removal of the pergola structure in the future with

minimal damage to the original building fabric.) Timber Doors The replacement of lower timber panels in the doors with louvred insets must be with minimal fixings and louvres shall be timber and finished to match the existing doors. (Reason: To reduce the impact to the original heritage fabric) Glazed Vestibules The glazing for the entry vestibules must be cut around the skirting boards. A neoprene (or similar) backing rod is to be used against the skirting boards and wall junctions. No approval is given for any glazing which cuts into the timber joinery. Details to be provided to the satisfaction of Council’s Conservation Planner prior to the issue of any Construction Certificate. (Reason: To ensure that there is minimal damage to original heritage fabric.)

SUBMISSIONS The owners of adjacent properties and the Kirribilli Precinct were notified of the proposal seeking comments between 18 October 2013 and 1 November 2013 resulting in one submission. Basis of Submissions • The roof structure would be detrimental to the streetscape in Blight Street; • Excessive bulk and scale; • Roof structure will block views of the heritage building from Bligh Street; • Posts would overhang the existing deck; • Adverse impact on neighbouring property and garden; but • No objection to the new roof if constructed to the same dimensions as the existing

deck.

The amended plans, submitted on 30 January 2014, were not notified in accordance with Part A Section 5 of North Sydney DCP 2013 because the amended proposal involves a pergola which is smaller than the one originally proposed and lessen the impacts to the adjoining properties.


CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: NORTH SYDNEY LEP 2013 1. Permissibility with SP 2 Zone The site is zoned SP2 Infrastructure - Community Facility in the NSLEP 2013. The proposed works are permissible constituting development that is ordinarily incidental or ancillary to development for the purposes shown on the Land Zoning Map which in this case is a community facility. 2. Objectives of Zone The objectives of the SP2 zone are:

• To provide for infrastructure and related uses. • To prevent development that is not compatible with or that may detract from the

provision of infrastructure. The works are ancillary and supportive to the use of the building as a community facility and will allow the continued comfortable use of the building for members of the local community in an energy efficient manner without compromising conservation values. As such it is concluded that the proposal is consistent with the aims and objectives of the zone and considered to be appropriate pursuant to Clause 2.3(2) of NSLEP 2013. 3. Building Heights The proposed pergola at 7m complies with the maximum building height for the subject site at 8.5m. 4. Heritage Conservation As discussed in the heritage referral section the amended proposal has been assessed against Clause 5.10 of NSLEP 2013 and is supported by Council’s Conservation Planner. The original drawings included a large 3m overhang for the pergola beyond dimensions of the first floor deck on the northern elevation. The modified drawings have reduced the overhang to a minimum so the revised plans can be supported on heritage grounds. SREP (Sydney Harbour catchment) 2005 & Waterways Area DCP 2005 The proposal is for alterations to an existing heritage listed building and the proposed roof structure (the only external aspect of the proposal) is on the northern side of the building. The proposed works therefore would not be visible from the harbour so the works are not considered to be detrimental and will not impose upon the character of the foreshore.


As such, the development satisfies the provisions contained within SREP 2005 and the Sydney Harbour Foreshores and Waterways DCP 2005. SEPP 55 – Remediation of Land The provisions of SEPP 55 require Council to consider the likelihood that the site has previously been contaminated and whether any remediation works are necessary for the subject site. Given the nature of the proposal and the minimal site works involved, it is unlikely that there would be any soil contamination that would require remediation. DEVELOPMENT CONTROL PLAN 2002 Kirribilli Planning Area (Kirribilli Neighbourhood) The site falls within the Kirribilli Neighbourhood in the Kirribilli planning area. The proposal does not offend any of the provisions for the planning area or the neighbourhood. As the site is zoned SP2, Section 3.1.2 of the DCP is relevant to the subject site. This section of the DCP applies to land zoned SP2 where it adjoins land zoned R2, R3 or R4 which requires a development application to comply with Part B: Section 3 of the DCP being non-residential development in residential zones. The site abuts land zoned R2 (Residential Low Density) to the west and R3 (Residential Medium Density) to the east. The following is an assessment pursuant to the relevant sections of section of Part B section 3 of the DCP: DCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 complies Comments Part B section 3.1 Introduction 3.1.1 Objectives The general objectives of this Section of the DCP are to ensure that non-residential development in residential zones: O1 is consistent with the principles contained within the Integrated Land Use and Transport Policy;

O2 does not have adverse impacts on residential amenity or environmental quality;

O3 is in context with surrounding development;

O4 contributes to the garden setting and lower scale character of North Sydney‘s residential neighbourhoods;

O5 is consistent with the character that is described in the relevant area character statements; and

O6 incorporates innovative sustainable design to reduce energy and water consumption, and meets or exceeds sustainability requirements.

Yes

The proposed air-conditioning system is energy efficient and designed to have a minimal carbon footprint utilising photo voltaic panels. Amended drawings have reduced the earlier proposed overhang of the pergola roof structure over the existing deck so that the pergola is now essentially confined to the existing footprint of the first floor deck. The proposed work is not otherwise evident externally. The pergola structure is slim in profile and does not offend the area


character statement. It has met with the approval of Council’s Conservation Planner.

3.2 Environmental Criteria Views Solar Access

Yes The proposed development is not associated with any view loss or overshadowing impacts because the pergola would be no larger than the existing deck.

Acoustic Privacy P2 Mechanical equipment, such as pumps, lifts or air conditioners should not be located adjacent to bedrooms or living rooms of dwellings on adjoining properties.

Yes (via

condition)

A proposed condenser unit is supported in the feasibility report prepared by Arup accompanying the application. The unit is to be located in the eastern setback of the building adjacent to the electrical switchboard. The wall of the neighbouring property is blank at this point with no windows or other openings so there would be no impacts for this property. The condenser has been described by the applicant as a particularly quiet model. Furthermore, the proposal is unlikely to cause adverse impacts for the adjoining properties in terms of noise nuisance from the users of the first floor deck because there would be no change to the use and size of this deck. A condition (Condition No C16) has been recommended restricting noise emissions from the plant equipment to ensure the amenity of the adjoining properties.

Visual Privacy

Yes

The proposal is unlikely to cause additional loss of visual privacy for the adjoining properties because the use and the size of the first floor rear deck would remain unchanged.

Reflectivity Yes (via

condition)

A condition is recommended requiring the installation of roof materials with low glare/reflectivity properties to minimise any nuisance caused by excessive glare/reflectivity for the adjoining properties.

3.3 Quality built form Context Yes The proposal is suited to its

context and the heritage values of the building.

Setbacks Yes The proposed pergola maintains the existing side boundary setbacks established by the first floor deck.


Form massing & scale Yes Other than for the pergola all works are internal to the building and have been assessed as having an appropriate form a heritage perspective. The pergola roof is slim in profile and has been reduced in scale to remove overhang through modified drawings. It is also screened from view from Bligh Street by existing trees, play equipment and a shade sail. The pergola is also now mostly confined to the existing footprint of the deck,

Entrances and Exits Yes The proposed internal glazed entry vestibules would not alter the current level of access to the subject building. The proposal would not change the external appearance of the Fitzroy Street elevation of the heritage listed community centre.

Colours and materials Yes Conditions to cover these issues have been recommended by Council’s Conservation Planner.

3.4 Quality Urban Environment Accessibility Yes The proposal would not change

the level of access to the subject building. There is an existing lift providing access to the first floor.

Site Coverage Yes As the pergola follows the footprint of the existing deck, site coverage has not been increased.

3.5 Efficient use of resources Energy efficiency Passive solar design

Yes An energy efficient air conditioning system reducing the minimal carbon footprint of the building has been designed for the KNC. It will utilise photo voltaic cells on a pergola structure on the northern side of the building. The system will only be used when outdoor conditions are suitable. Each room will have dedicated controls and sensors to regulate its use in all seasons.

Section 13 Heritage & Conservation Areas Form , massing scale, details Yes The proposal has been assessed by

Council’s Conservation Planner who supports the application. Conditions of approval have been recommended covering various aspects of the development such as materials and finishes and location of plant etc to ensure heritage values are conserved.


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 N/A 5. Traffic generation and Car parking 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 Environmental Planning and Assessment (Amendment) Act 1979 YES Suitability of the Site for the Proposed Development

The proposal is considered to be suitable development for the subject site because its design is in keeping with the characteristic built form of the heritage listed community centre with minimal impacts on the amenity of the neighbouring properties and the character of the neighbourhood. Public Interest

The proposal is considered to be satisfactory and the approval of the application will be in the public interest. CLAUSE 2.3(2) NSLEP 2013 Consistency with the Objectives of a Zone The provisions of Clause 2.3(2) of NSLEP 2013 have been examined. It is considered that the development is consistent with the objectives of the SP 2 zone. As such, consent to the development may be granted.


SUBMITTORS CONCERNS One submission was received as a result of Council’s notification of the proposal. The submission was based on the original plans which included a 3.0m overhang for the pergola roof over the existing first floor deck on the northern side of building. The submission stated however that there would be no objection if the pergola was constructed to the same dimension as the existing deck. Amended drawings deleting the overhang have been received and considered in this report thus satisfying the concerns of the submittor. However the following comments are provided on the matters raised in the submissions.

• Roof structure detrimental to streetscape The submission correctly notes that the original proposal would be visible from Bligh Street and be detrimental to the streetscape. The modified drawings however delete the overhang and reduce the prominence of the pergola that will also be screened by the existing shade structure, play equipment and the trees located within the rear building setback area. In addition, the revised design with a smaller pergola also retains the visibility of the original fabric of the heritage item.

• Excessive out of proportion roof overhangs The overhanging pergola roof section on the northern side of the deck has been deleted in the amended drawings being the subject of this assessment report to reduce bulk and scale.

• Roof structure will block views of the heritage building from Bligh Street

The modified drawings deleting the pergola overhang would reduce the prominence of the pergola to allow the original building to be appreciated from Blight Street.

• Adverse impact on neighbours property and garden There would be no increase in the size of the deck so there would be no increased potential to overlook the neighbouring garden. The removal of the overhanging section of pergola in the amended drawings reduces the bulk of structure when viewed from the neighbouring garden.

• No objection to the new roof if constructed to the same dimension as the deck The amended drawings reduce the pergola structure to the same dimension as the existing deck. CONCLUSION The proposal has merit because it will permit comfortable use of the community centre whilst not detracting from the heritage status and conservation values of the heritage item. Appropriate conditions of approval have been recommended by Council’s Conservation Planner.


Amended plans removing the previously proposed rear overhang of the roof over the first floor deck have resolved the issue raised by the submittor concerned with the excessive bulk and scale of the pergola which is the only readily apparent external element of the proposed development. The glazed foyers will allow the air conditioning system to operate whilst retaining the ‘open door’ culture of the Kirribilli Neighbourhood Centre. The proposal is in accordance with the provisions of NSLEP 2013 and Part B section 3 of DCP 2013. Accordingly, the development application is considered to be reasonable in the circumstances and is recommended for approval subject to appropriate standard and site specific conditions. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel, as the consent authority under

delegation from the General Manager grant consent to Development Application No. 341/13 for alterations and additions to the heritage listed Kirribilli Neighbourhood Centre including the installation of a new air-conditioning system, construction of two (2) new frameless glass interior vestibules and construction of a new pergola over the first floor deck to accommodate photovoltaic panels, subject to the following site specific conditions:-

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

DA00 B 29.01.14 Ecosystem Architecture 30.01.2014 DA01 B 29.01.14 Ecosystem Architecture 30.01.2014 DA02 B 29.01.14 Ecosystem Architecture 30.01.2014 DA03 B 29.01.14 Ecosystem Architecture 30.01.2014 DA04 B 29.01.14 Ecosystem Architecture 30.01.2014 DA05 B 29.01.14 Ecosystem Architecture 30.01.2014 DA06 B 29.01.14 Ecosystem Architecture 30.01.2014 DA07 B 29.01.14 Ecosystem Architecture 30.01.2014 DA08 B 29.01.14 Ecosystem Architecture 30.01.2014 DA09 B 29.01.14 Ecosystem Architecture 30.01.2014

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

accordance with the determination of Council, Public Information)


Exterior Colour Scheme C1. The exterior colour scheme of the proposed rear structure must match the

existing building’s colour scheme. Flashing and frames of solar panels shall be painted shall be complimentary to the existing building and must be visually submissive. 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 the visual impact of the proposed structure.)

Air Conditioning C2. The following shall apply to the installation of the air conditioning system

within the subject building: (a) The condenser unit/s shall be located away from the front and rear

elevations of the Neighbourhood Centre. (b) No fixings are to be made to the exterior wall stonework to elevate the

condenser unit/s. (c) All fixings are to be made into joints for the installation of condenser

unit/s and are to be stainless steel. (d) Air returns shall be located in the passageway which runs behind the first

floor gallery. (e) Climate control panels are to be located in close proximity to existing

light switches. (f) All internal wiring shall be chased into the wall. (g) Conduits are to extend from the ceiling down in rooms without cornices or

from the floor up in rooms with cornices. (h) No cutting or notching of original cornices or skirtings.

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 the impact on the heritage item.)

Roof Cowls C3. No roof cowls shall be located on the roof planes that address Fitzroy Street.

Roof cowls are to be coloured to be visually submissive and the top of any cowls must be located below the height of the roof ridge. No roof rafters are to be cut.


(Reason: To retain the heritage significance of the building)


Fixings for Pergola C4. Fixings to the sandstone wall of the subject building for the pergola must be

stainless steel, minimal and readily removable in the future without leaving remnant material or irreparable damage.

The applicant shall submit the fixing details to the satisfaction of Council’s

Conservation Planner prior to the issue of any Construction Certificate.

(Reason: To allow for the removal of the pergola structure in the future with minimal damage to the original building fabric)

Timber Doors C5. The replacement of lower timber panels in the doors with louvered insets shall

be installed with minimal fixings and louvers are to be timber and finished to match the existing doors. 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 reduce the impact to the original heritage fabric)

Glazed Vestibules C6. The glazing for the internal entry vestibules shall be cut around the skirting

boards. A neoprene (or similar) backing rod is to be used against the skirting and wall junctions. No approval is given for the glazing cuts into the timber joinery.

The applicant shall submit construction details to the satisfaction of Council’s

Conservation Planner prior to the issue of any Construction Certificate.

(Reason: To ensure that there is minimal damage to original heritage fabric.) C.F.Blyth Robyn Pearson CONSULTANT PLANNER TEAM LEADER ASSESSMENTS Stephen Beattie MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

16-18 FITZROY STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 341/13

A. Conditions that Identify Approved Plans 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

DA00 B 29.01.14 Ecosystem Architecture 30.01.2014 DA01 B 29.01.14 Ecosystem Architecture 30.01.2014 DA02 B 29.01.14 Ecosystem Architecture 30.01.2014 DA03 B 29.01.14 Ecosystem Architecture 30.01.2014 DA04 B 29.01.14 Ecosystem Architecture 30.01.2014 DA05 B 29.01.14 Ecosystem Architecture 30.01.2014 DA06 B 29.01.14 Ecosystem Architecture 30.01.2014 DA07 B 29.01.14 Ecosystem Architecture 30.01.2014 DA08 B 29.01.14 Ecosystem Architecture 30.01.2014 DA09 B 29.01.14 Ecosystem Architecture 30.01.2014

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

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

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

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 IPP07 - 02/04/14 Page 19

16 – 18 FITZROY STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 341/13 PAGE 2

September 2013 v1

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

C1. The exterior colour scheme of the proposed rear structure must match the existing

building’s colour scheme. Flashing and frames of solar panels shall be painted shall be complimentary to the existing building and must be visually submissive.

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 the visual impact of the proposed structure)

Air Conditioning

C2. The following shall apply to the installation of the air conditioning system within the subject building:

(a) The condenser unit/s shall be located away from the front and rear elevations of

the Neighbourhood Centre. (b) No fixings are to be made to the exterior wall stonework to elevate the

condenser unit/s. (c) All fixings are to be made into joints for the installation of condenser unit/s and

are to be stainless steel. (d) Air returns shall be located in the passageway which runs behind the first floor

gallery. (e) Climate control panels are to be located in close proximity to existing light

switches. (f) All internal wiring shall be chased into the wall. (g) Conduits are to extend from the ceiling down in rooms without cornices or from

the floor up in rooms with cornices. (h) No cutting or notching of original cornices or skirtings.


(Reason: To minimise the impact on the heritage item)

Roof Cowls

C3. No roof cowls shall be located on the roof planes that address Fitzroy Street. Roof cowls are to be coloured to be visually submissive and the top of any cowls must be located below the height of the roof ridge. No roof rafters are to be cut.



September 2013 v1

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 retain the heritage significance of the building)

Fixings for Pergola

C4. Fixings to the sandstone wall of the subject building for the pergola must be stainless steel, minimal and readily removable in the future without leaving remnant material or irreparable damage. The applicant shall submit the fixing details to the satisfaction of Council’s Conservation Planner prior to the issue of any Construction Certificate. (Reason: To allow for the removal of the pergola structure in the future with

minimal damage to the original building fabric)

Timber Doors

C5. The replacement of lower timber panels in the doors with louvered insets shall be installed with minimal fixings and louvers are to be timber and finished to match the existing doors.

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 reduce the impact to the original heritage fabric)

Glazed Vestibules

C6. The glazing for the internal entry vestibules shall be cut around the skirting boards. A neoprene (or similar) backing rod is to be used against the skirting and wall junctions. No approval is given for the glazing cuts into the timber joinery. The applicant shall submit construction details to the satisfaction of Council’s Conservation Planner prior to the issue of any Construction Certificate. (Reason: To ensure that there is minimal damage to original heritage fabric.)



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Dilapidation Report Damage to Public Infrastructure

C7. 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 C8. 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)



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Sediment Control C9. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:

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

b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during

construction.

All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

erosion from development sites) Waste Management Plan C10. 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;



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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) Sandstone Re-pointing C11. Any repointing works to the sandstone brick walls must be undertaken using

traditional lime mortar by a qualified stonemason. Written details of the engagement of a qualified stonemason must be submitted to the Certifying Authority prior to the issue of any Construction Certificate. The Certifying Authority must also ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

Note: The provisions of the Heritage Act may also apply to altering any sandstone

elements on any site.

(Reason: To allow for preservation of cultural resources within the North Sydney Council area)

Heritage Architect to be commissioned

C12. An appropriately qualified and experienced heritage architect must be commissioned

to assist the design development, contract documentation and overseeing of construction works on the site for their duration by undertaking regular inspections of the works in progress and providing advice in relation to heritage matters.

Written details of the engagement of the experienced heritage architect must be submitted to the Certifying Authority prior to the issue of any Construction Certificate. Note: if advice provided by the heritage architect is to the effect that works requiring development consent be carried out, such works would require an application under s96 of the Environmental Planning and Assessment Act 1979 or further development application. This condition, and any advice given by the heritage architect, should not be construed as authorising the carrying of development with/ otherwise than in accordance with the development consent.

(Reason: To ensure that all matters relating to significant fabric and spaces are

resolved and recorded using best practice for heritage conservation)



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Roofing Materials - Reflectivity C13. 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 Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

materials does not occur as a result of the development) Stormwater Disposal C14. Stormwater runoff generated by the approved development must be conveyed by

gravity to the existing site stormwater drainage disposal system. A licensed tradesman shall install plumbing components to achieve this requirement in accordance with the BCA and current plumbing standards and guidelines. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure appropriate provision for disposal and stormwater

management arising from the development) Asbestos Material Survey C15. 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; 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



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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)

Noise from Plant and Equipment C16. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant and equipment operating contemporaneously on the site or in the strata scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when measured at the boundary of any affected receiver . The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment Operations Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected receiver. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain an appropriate level of amenity for adjoining land uses)

Security Deposit/ Guarantee Schedule C17. 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 $2,000.00 TOTAL BONDS $2,000.00

(Reason: Compliance with the development consent)



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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)

Asbestos Material Survey

D2. Prior to the commencement of any works, 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; 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)



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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) 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)

Temporary Disposal of Stormwater Runoff E3. 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)



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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)

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) No Work on Public Open Space E7. No work can be undertaken within adjoining public lands (ie. Parks, Reserves, Roads

etc) without the prior written consent of Council. In this regard the developer is to liaise with Council prior to the commencement of any design works or preparation of a Construction and Traffic Management Plan.



September 2013 v1

(Reason: Protection of existing public infrastructure and land and to ensure public safety and proper management of public land)

No Removal of Trees on Public Property E8. 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 E9. 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: -

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.




September 2013 v1

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 E10. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.

Demolition 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.



September 2013 v1

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

E11. 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.

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

erosion from development sites) Site Amenities and Facilities E12. 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 E13. 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



September 2013 v1

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

Prohibition on Use of Pavements E14. 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 E15. 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)

Waste Disposal E16. 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 E17. 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).


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September 2013 v1

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) Appointment of a Principal Certifying Authority (PCA)

F2. 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

F3. 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.



Occupation Certificate

F4. 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

Commencement of Works

F5. 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.



Excavation/Demolition F6. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must

be properly guarded and protected to prevent them from being dangerous to life or property.

3) 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)

Protection of Public Places F7. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

3) The work site must be kept lit between sunset and sunrise if it is likely to be

hazardous to persons in the public place. 4) Any such hoarding, fence or awning is to be removed when the work has been

completed.

5) No access across public reserves or parks is permitted.

Note: Prior to the erection of any temporary fence or hoarding over property owned or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will



September 2013 v1

generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.

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

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.

(Reason: Prescribed - Statutory)

G. Prior to the Issue of an Occupation Certificate Noise Certification G1. Prior to issue of the any Occupation Certificate a certificate from an appropriately

qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants is to be submitted to, and approved by, the Certifying Authority certifying that the noise and vibration from use of the development complies with the conditions of consent here-in. (Reason: To ensure acoustic amenity)

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)



September 2013 v1

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)


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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.

Documents

Item - REPORTS - North Sydney Council · glass internal vestibules and construction of a new pergola over the first floor deck to accommodate photovoltaic panels . PLANS REF: Project