Item - REPORTS · supermarket with basement parking. The subject site has a total site area of 1010sqm. The site slopes in a number of ways, falling 1.9m from the north-west to the

Item ____IPP05_______ - REPORTS -______02/09/2015_________

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 2/09/2015

Attachments:

1. Site Plan

2. Architectural Plans

3. Clause 4.6 Variation

4. Acoustic Report

ADDRESS/WARD: 9 - 11 Rangers Road, Neutral Bay (C)

APPLICATION No: DA116/15

PROPOSAL: Demolition of existing commercial building and the construction of a

five - six storey mixed use building containing two (2)

retail/commercial tenancies on the lower ground level fronting Yeo

Street, one (1) retail/commercial tenancy on the ground level fronting

Rangers Road and Yeo Street, and three (3) retail/commercial

tenancies on the ground level fronting Rangers Road, twenty-three

(23) apartments on the upper levels and 3½ levels of basement

parking for thirty (30) vehicles.

PLANS REF:

Plan No. Issue Title Drawn by Received

DA.02 C Lower Ground Level PCA Architects 17.07.15

DA.03 E Ground Level PCA Architects 22.07.15

DA.04 C Level 1 PCA Architects 17.07.15

DA.05 C Level 2 PCA Architects 17.07.15

DA.06 B Level 3 PCA Architects 17.07.15

DA.07 B Level 4 PCA Architects 17.07.15

DA.08 B Level 5 Roof Plan PCA Architects 17.07.15

DA.09 B Basement Level 1 PCA Architects 17.07.15

DA.10 B Basement Level 2 PCA Architects 17.07.15

DA.011 C Basement Level 3 PCA Architects 17.07.15

DA.12 C Elevation [1] PCA Architects 22.07.15

DA.13 C Elevation [2] PCA Architects 22.07.15

DA.14 D Elevation [3] PCA Architects 22.07.15

DA.15 D Elevation [4] PCA Architects 22.07.15

DA.16 D Section A.A PCA Architects 22.07.15

DA.17 C Section B.B PCA Architects 22.07.15

Sheet No. 1 of 10 4 Location Plan John Walton 26.08.15

Sheet No. 2 of 10 4 Basement 3 John Walton 26.08.15 Sheet No. 3 of 10 4 Basement 2 John Walton 26.08.15 Sheet No. 4 of 10 4 Basement 1 John Walton 26.08.15 Sheet No. 5 of 10 4 Lower Ground John Walton 26.08.15 Sheet No. 5 of 10 4 Ground John Walton 26.08.15 Sheet No. 7 of 10 4 Level 1 John Walton 26.08.15 Sheet No. 8 of 10 4 Level 2 John Walton 26.08.15 Sheet No. 9 of 10 4 Level 3 John Walton 26.08.15 Sheet No. 10 of 10 4 Level 4 John Walton 26.08.15

OWNERS: Albert Investments Pty Limited

APPLICANT: HELM Pty Limited

AUTHOR: Natalie Moore, Assessment Officer

DATE OF REPORT: 25 August 2015

DATE LODGED: 22 April 2015

RECOMMENDATION Deferred Commencement Approval

Report of Natalie Moore, Assessment Officer Page 2

Re: 9 – 11 Rangers Road, Neutral Bay

EXECUTIVE SUMMARY

This development application seeks approval from the North Sydney Independent Planning Panel

for redevelopment of the subject properties to provide a new five – six storey mixed use/shop top

housing building containing two (2) retail/commercial tenancies on the lower ground level

fronting Yeo Street, one (1) retail/commercial tenancy on the ground level fronting Rangers Road

and Yeo Street, and three (3) retail/commercial tenancies on the ground level fronting Rangers

Road, twenty-three (23) apartments on the upper levels and 3½ levels of basement parking for

thirty (30) vehicles.

Council‟s notification of the original proposal attracted ten (10) submissions, five (5) of which

supported the proposed development. The remaining give (5) raised particular concerns about

overshadowing, traffic impacts during and post construction of the development, parking and

loading impacts, and the oversupply of retail tenancies within Neutral Bay. Notification of the

amended proposal attracted six (6) submissions, five (5) of which were from previous submitters

reiterating their support for the application and one (1) new submission raising concerns about

view loss.

The development application has been assessed against the North Sydney LEP 2013 and North

Sydney DCP 2013 and SEPP 65 – Design Quality of Residential Flat Building and generally

found to be satisfactory.

This report has considered a written request submitted by the applicant seeking a variation to

Clause 4.3 in North Sydney LEP concerned with the height of buildings height pursuant to

Section 4.6 of the LEP. It is considered that the variation to the building height development

standard could be supported because the building elements in breach of the LEP building height

development standard would not cause material impacts on the amenity of the adjoining

properties as well as the character of the locality.

The applicant has also amended the design of the proposal in response to the comments provided

by the Design Excellence Panel that recommended modifications to the building setback above

podium, a 1.5 metre setback of the ground floor along Rangers Road, and a connecting link

between the atrium and lightwell. The amendments are considered to be acceptable.

The applicant has not made provision for a garbage chute and compaction unit within the

development and giving consideration to the small number of apartments, the exclusion of the

chute and compaction unit is considered to be acceptable. However, to ensure that waste disposal

is properly managed, and residents of the development are fully aware of the arrangements for

waste management and disposal within the building, it is recommended that a deferred

commencement condition be imposed, requiring the applicant to amend the Waste Management

Plan submitted with the development application to provide further details on how residents will

be educated and notified on the waste disposal arrangements within the building.

It is recommended that a deferred commencement approval be granted subject to the

submission of the amended Waste Management Plan.

Re: 9-11 Rangers Road, Neutral Bay - DA 116115

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Property/Applicant O Submittors - Properties Notihed



DESCRIPTION OF PROPOSAL

This application seeks approval for the redevelopment of the subject property to provide a new

five – six storey mixed use building with basement parking at 9 – 11 Rangers Road, Neutral Bay.

The scope of the proposed development is summarised as follows:

(a) Demolition of the existing commercial buildings across the sites.

(b) Excavation works to allow the construction of a 3½ level basement including seven (7)

retails spaces (incorporating a delivery bay), 23 residential spaces (including accessible

parking), and one (1) residential car wash bay. Bicycle parking, toilets/change room,

plant rooms, storage and garbage areas are also provided within the basement.

(c) Construction of a five – six level building containing six commercial/retail tenancies

across the lower ground (fronting Yeo Street) and ground floor (fronting Rangers Road

and Yeo Street) and twenty-three (23) apartments above (1x1 bedroom, 6x2 bedrooms

and 16x3 bedrooms).



Figures 1 & 2 –Rangers Road Elevation (Left) & Yeo Street Elevation (Right)

Figure 3 – Proposed Development - Section



STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – B4 (Mixed Use)

Item of Heritage - No

In Vicinity of Item of Heritage - No

Conservation Area - No

FSBL - No

S94 Contribution

Environmental Planning & Assessment Act 1979

SEPP 55 - Contaminated Lands

SEPP (Building Sustainability Index BASIX) 2004

SEPP 65 - Design Quality of Residential Flat Buildings

SREP (Sydney Harbour Catchment) 2005

Local Development

POLICY CONTROLS

North Sydney DCP 2013

DESCRIPTION OF LOCALITY

The subject site is located on the south-western side of Rangers Road between Yeo Street and

Military Road. The subject site, known as Lots 7 and 8 in DP2989, is irregular in shape with one

frontage of 30.48m to Rangers Road (north-eastern boundary) and two frontages to Yeo Street of

23.55m (south-eastern boundary) and 36.02m (southern boundary). The north-eastern boundary

is 42.72m and adjoins an existing single storey building which currently supports a Woolworths

supermarket with basement parking. The subject site has a total site area of 1010sqm. The site

slopes in a number of ways, falling 1.9m from the north-west to the south-west corner, 1.6m from

the north-west to south-east corner and 1.3m from the north-east to south-west corner.

Currently occupying the subject site are two (2) four (4) storey commercial buildings with

basement parking beneath.

Figures 4 & 5 – Subject Site – Rangers Road Elevation (Left)

and Yeo Street Elevation (Right)



The site is located on the outskirts of the Neutral Bay Town Centre and is surrounded by other

commercial/mixed use buildings to the north and west, but primarily medium to high residential

development to the south and east.

To the north of the subject site across Rangers Road is No. 4 Rangers Road, a five (5) storey

mixed use development. To the south of the site across Yeo Street is medium density residential

development consisting of town houses and a residential flat building at No. 13 Rangers Road

(corner of Rangers Road and Yeo Street).

Figure 6 – The Subject Site and its Surrounds

RELEVANT HISTORY

No. 9 Rangers Road

19 February 2001 – Development Application 117/01 for refurbishment of an existing

recording studio was approved under delegated authority.

28 April 2003 – Development Application 767/02 for commercial fitout, upgrade of

plant room and essential services enclosing windows was approved under delegated

authority.

17 December 2003 – Development Application 620/03 for the repainting of the existing

building was approved under delegated authority.

29 September 2005 – Development Application 393/05 for the erection of an external

sign was approved under delegated authority.



No. 11 Rangers Road

22 May 2003 – Development Application 101/03 for internal and external alterations to

the existing commercial building was approved under delegated authority.

23 June 20013 – Development Application 101/03/02 to modify conditions associated

with the original application was approved under delegated authority.

Subject Development Application

22 April 2015– The subject Development Application (D116/15) for the demolition of

the existing commercial buildings and the construction of a five – six storey mixed use

building containing six ground floor commercial/retail tenancies and twenty-three (23)

apartments on the upper levels and 3½ levels of basement parking was lodged with

Council.

19 May 2015 – A „stop the clock‟ letter was sent to the applicant requesting the

following additional information and amendments to the plans:

1. Non-compliance with 16 metre Building Height Control – the floor to

ceiling heights within the ground floor retail spaces should be reduced from 4

metres to 3.3 metres to minimise the proposed breach to the 16 metre

building height control.

2. Podiums – the development should comply with Council‟s podium heights

and setbacks and all building glass lines and covered balconies must be

setback a minimum 3 metres from the boundary.

3. Ground Level Setback to Rangers Road – the ground level of the building

along Rangers Road should be setback 1.5 metres in accordance with the

relevant Area Character Statement to enable activation of the footpath.

4. Non-Residential Floor Space Ratio – documentation should be provided to

demonstrate how the non-residential FSR of 0.53:1 was reached.

5. Western Lightwell – the lightwell should be modified to be a non-trafficable

space and the size of the windows should be limited to reduce acoustic

impacts. Alternatively, the size of the lightwell should be increased.

6. Waste Management – provision should be made for a garbage chute,

recycling room on each level, and a garbage collection area within 2 metres

of the street boundary.

7. Retail Awnings – the retail awning along Yeo Street should be extended to

run the entire length of the building and all awnings must be amended to give

consideration to the existing street trees.

8. Planter Box on Yeo Street – the planter box on Yeo Street must be fully

contained within the property boundaries of the site.

9. Elevational shadow diagrams –at hourly intervals for June 21

10. Operating Hours for retail and commercial premises – insufficient

information is available to enable Council to approve operating hours as part

of this development application.

9 June 2015 – The proposal was considered by the North Sydney Design Excellence

Panel (DEP) that raised concerns in relation to the amenity of some of the apartments,

the setback above the podium along Yeo Street, the size of the lightwell, and the

relationship of the proposed building with the existing Woolworths site at No. 1 – 7

Rangers Road.



18 June 2015 – A meeting was held with the applicant to discuss the above issues

raised by Council‟s letter and the Design Excellence Panel. This was followed by

further discussions/meetings with the applicant regarding draft amendments to the

proposal.

17 & 22 July 2015 – The applicant submitted amended plans incorporating design

modifications in response to Council‟s letter and the Design Excellence Panel‟s

comments.

REFERRALS

Building

The application has not been assessed in respect of the Building Code of Australia, however the

Act requires that Council impose a condition of consent requiring compliance with the BCA.

Should significant amendments be needed to achieve compliance with the BCA or to obtain a

Construction Certificate, a further Section 96 modification may be required.

The applicant has also indicated that the construction of the proposed development would

involve the issue of three (3) construction certificates, namely:

CC1 - The first Construction Certificate which enables the subject site to be secured and

cleared with preliminary services and the setting up of sedimentation fencing.

CC2 - The second Construction Certificate which enables excavation, the construction of

the foundations, basement slabs and pouring of the ground floor slab.

CC3 - The final Construction Certificate which enables the construction of the remaining

structures of the proposed development.

Whilst no objection is raised to the staging the construction certificates, it is recommended that

the wording of the relevant conditions be adjusted accordingly to ensure that the requirements of

the condition are met.

The proposed strata subdivision was referred to Council‟s Senior Building Surveyor who raised

no objection to the proposed subdivision, subject to the imposition of appropriate conditions.

Engineering

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

proposed development subject to the imposition of appropriate engineering conditions.

Traffic

Consideration has been given to the Traffic and Parking Assessment report submitted by the

applicant. This report indicates that the proposed development will result in a reduction in peak

hour traffic in the order of 17 peak hour vehicles during the morning and evening and the

development will have no appreciable impact on the surrounding road network and may result in

improved intersection performances.

The reduction in traffic movements to/from the proposed development is related to the reduction

in commercial activity to a mix of commercial and residential uses.



Landscaping

The application was referred to Council‟s Development Landscape Officer who raised no

objection to the proposed development and landscaping treatment, subject to the replacement of

the three (3) London Plane Trees on Rangers Road due to their deteriorating condition, and the

submission of a detailed design for the internal landscaping, including larger pot sizes for the

proposed trees within the atrium.

Appropriate conditions have been recommended to reflect these recommendations (refer to

Conditions C28, C29, C30, C31, C32, C33, D1, E14, G19).

External Referrals

Correspondence from Ausgrid was received upon lodgement of the development application

detailing the requirements for the connection of the proposed development to Ausgrid electricity

network, including decommissioning of the existing substation within the site.

Whilst the requirements of Ausgrid are noted, a condition recommending the undergrounding of

the powerlines has been recommended (refer to Condition C44).

Design Excellence Panel (DEP)

The comments of the panel on the proposal are reproduced as follows:

The Panel recognises that the site is irregular and deep making it difficult to develop as

apartments over a large footprint.

The Panel raised concerns about the solar access to apartments and the use of an atrium

and a lightwell to provide for light and ventilation to apartments. The Panel noted that

Council‟s DCP does not support lightwells being the primary source of natural daylight

and ventilation to habitable rooms. The DCP recommends a minimum measurement of

6m x 6m for lightwells less than 12m high.

The Panel does not support the number of bedrooms proposed to face the lightwell on the

north western boundary. The Panel did not support the main bedroom for the one

bedroom apartment (101) facing the atrium.

The Panel recommended that the lightwell be increased in size and that the architect

considers combining and / or linking the atrium and lightwell to provide better internal

amenity

Such a solution would also provide the apartment building with a much clearer spatial

organisation with a simple block edge building wrapped around one internal space being

more generous.

The Panel supported the Council requirement for a 1.5m setback at ground level at the

Rangers Road frontage.

The Panel felt that the Yeo Street building to the west of Woolworths had a reasonable

podium height to the street. The Panel recommended a podium height of 4 floors be

provided to Yeo Street, and the upper 2 levels be setback a further distance to address

any over shadowing, more than the minimum of 3m may be required to reduce any

shadow impacts to the dwelling opposite.



The revised design should also give consideration to the overall street elevations and:

how future development of the adjacent Woolworths site might require more

substantial transition elements in the elevation of the boundary wall at the

western end on Yeo Street;

how the „square‟ angled corner at the northern corner on Rangers Road might

need both to be reflected in the elevation as well as the form. A clear form is

required that addresses the level differences of the site, the street alignments and

the fact that this site is a three street fronted corner that is very unique. This may

require small departures from the standard set backs because street set backs

usually deal with one street elevation rather than how they all come together.

The Panel also recommended consideration of a communal roof garden with facilities

including shelter to the north of the atrium subject to the area not impacting on views,

privacy and shadows.

Conclusion:

The Panel does not support the proposal without the above concerns being addressed.

Amended Plans

The applicant has submitted amended plans incorporating the following amendments in response

to the Council‟s „stop the clock letter‟ and comments provided by the Design Excellence Panel:

(a) A link between the atrium and lightwell with open construction.

(b) The lightwell has been enlarged and 25% of the windows facing the main portion of the

lightwell have been relocated.

(c) A 1.5 metre ground floor setback to Rangers Road.

(d) Modifications to the setback above the podium along Yeo Street.

(e) The provision of a framed element on the northern corner of the building where it adjoins

the western elevation of the Woolworths building.

(f) The provision of a loading dock/delivery bay with the first level of the basement

(g) Relocation of the hydrant pump room and residential refuse room allowing the garbage

collection area to be within 2 metres of the street boundary.

(h) Modifications and extensions to the retail awnings.

(i) Relocation of the planter box along Yeo Street to be within the boundaries of the site.



Figures 7 & 8 – Proposed Design Modifications



Figures 9 & 10 – Proposed Design Modifications



Comments on the Amended Plans

Context and Scale

The Design Excellence Panel acknowledged that the subject site is a difficult site, and is irregular

in shape on a sloping site making it difficult to develop.

The amendments made by the applicant in response to the comments from the Design Excellence

Panel are considered to be an appropriate response under the site circumstances including

multiple street frontages, primarily southern orientation and topography of the site.

Built Form

The Design Excellence Panel considered that the Yeo Street building to the west of Woolworths

(No. 50 Yeo Street) has a reasonable podium height to the street and suggested that a podium

height of 4 floors to Yeo Street be provided, with the upper 2 levels setback. In response to these

comments the applicant modified the built form.

The applicant has proposed an amended design reducing the setback of the top level by 1.5m to

4.5m. It is considered that this design change has addressed the intent of the Panel‟s suggestion

because it provides a more consistent setback and built form across the upper level building

elements. In addition, it will contribute to the minimisation of the building bulk and reduce solar

access impacts to residential properties on the southern side of Yeo Street.

In response to the comments from the Design Excellence Panel regarding the „square‟ angled

corner at the northern corner on Rangers Road (adjoining the Woolworths building), the applicant

has amended the design of the Rangers Road facade to provide a framed element that adjoins

Woolworth‟s west elevation.

The applicant has also amended the ground floor setback at Rangers Road to provide a 1.5 metre

setback in accordance with the Design Excellence Panel‟s support of Council‟s setback control

within the Area Character Statement.

Amenity

The applicant has responded to the Design Excellence Panel comments by creating a link

between the lightwell and atrium, and widened the eastern part of the light well by 1 metre. These

modifications will add amenity to the development as a whole, with additional natural ventilation

and improved outlook.

The Panel noted that Council‟s DCP does not support lightwells being the primary source of

natural daylight and ventilation to habitable rooms, and that the proposed development does not

meet the minimum measurements for lightwells. They also did not support the number of

bedrooms proposed to face the lightwell on the north-western boundary, and the main bedroom

for the one bedroom apartment facing the atrium.



Whilst the comments from the panel are noted, given the constraints and limitations of the site,

particularly in relation to its primarily southern orientation, it is considered that the applicant has

proposed an acceptable design which incorporates substantial unit sizes and private open space,

and generous views, all of which provide added amenity to the apartments. Furthermore, the

inclusion of privacy devices including screens and louvres on some windows, and the appropriate

positioning and orientation of the remaining openings, has resulted in the apartments achieving

acceptable levels of privacy. In addition, the majority of the apartments achieve reasonable levels

of solar access without the sole reliance on the atriums or lightwell and all units will maintain

100% cross flow ventilation with the amended open atrium/lightwell link.

Social Dimensions

The Panel recommended that the applicant consider the provision of a communal roof garden

with facilities including shelter to the north of the Atrium subject to the area not impacting on

views, privacy and shadows.

The applicant‟s response to this request is as follows:

Several design options were considered for suitable locations of the communal open space,

where privacy and shadow do not impact on other elements of the building or adjoining

neighbours. Further examination of suitable locations has revealed that;

One of the lift and fire stair cores must be extended to service the communal open space.

These elements coupled with the shade structure, toilets and kitchenette area as

suggested by the Panel will be significantly higher than the DCP permits

These elements will visually impact on apartments to the north that look towards 9-11

Rangers Rd.

Architecturally, these elements make the building at the higher levels appear unbalanced.

These elements will also impact upon the atrium at various times of the day, as they will

cast shadow over the atrium.

The ground floor atrium courtyard area incorporates deep soil planting, and two full height

Green Walls. This area has been deliberately designed to act as a focal point for the

residents of the building, as both lifts discharge to this space, enabling residents to greet

each other as they come and go.

The amendments to the design, whereby the Atrium's have been connected, provide an

improved design outcome. The connection has resulted in a larger landscaped area at the

ground level and the repositioning of the green walls, which provides a staggered effect in

the atrium.

With the above in mind and when considered with the fact that the site is mixed use in

nature, the building/development enjoys proximity to parks, the harbour, recreational

activities coupled with the size of the atrium space which can be used in a communal manner,

the small number of apartments and the fact that the likely purchasers will be owner

occupiers that do not want to pay for the costly ongoing maintenance of roof top communal

open areas, it is our belief that dedicated communal open space is not required for this

project.



Having regard to the applicant‟s response and the design improvements to the lightwell and

atrium to provide a larger, connected communal space the requirement for a communal roof

garden is not considered to be warranted. Furthermore, the height of the building is likely to be

increased further with the new building structures to provide lift and stair access to the roof top.

It is therefore considered that the exclusion of the roof top communal space is acceptable.

SUBMISSIONS

Original Application

The owners of adjoining properties and Harrison Precinct were notified of the original proposal

between 8 May 2015 and 25 May 2015. The notification resulted in ten (10) submissions,

including five (5) submissions in support of the proposal. The following table provides a

summary of the issues raised in the remaining five (5) submissions.

Basis of Submissions

Traffic impacts during and post construction and safety impacts to pedestrians.

No demand for additional retail units at ground floor as proposed.

Proposed development will increase congestion in Neutral Bay.

Neutral Bay does not need more retail and commercial premises because there are

currently many vacant shops.

Upgrades should be made to the existing traffic regulations within the area for the safety

of pedestrians.

Whilst the proposed development makes provision for parking of service vehicles, they

will continue to park in the street, especially when delivering to the retail businesses.

Overshadowing to No. 61 Yeo Street throughout the day in June.

No provision for a loading dock or visitor car spaces will increase pressure on on-street

parking.

Impact of development on access to sunlight within first floor apartment at No. 59 Yeo

Street, in particular the north facing sunroom.

Amended Application

The amended application, incorporating the design changes to meet Councils‟ requirements and

comments from the Design Excellence Panel, was re-notified to all adjoining properties

previously notified, and the Harrison Precinct between 7 August 2015 and 21 August 2015. The

notification resulted in six (6) submissions including five (5) from previous submittors detailing

their support for the application. The remaining submission was from a new submitter who raised

concerns about the potential loss of significant views currently enjoyed from an apartment on the

opposite side of Rangers Road.

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings.



SEPP 55 – Remediation of land

The subject site has been considered in light of the above SEPP and the Contaminated Lands

Management Act. The applicant has submitted a Waste Classification Assessment which

identified that the materials to be excavated are unlikely to be contaminated. Accordingly, the

proposal is considered to be satisfactory having regard to SEPP 55.

SREP (Sydney Harbour Catchment) 2005

The subject site is within that part of North Sydney that is required to be considered pursuant to

SREP (Sydney Harbour Catchment) 2005. However, the subject site is not highly visible from the

harbour and would have no impact on the scenic quality of the harbour and its foreshores.

SEPP 65 – Design Quality of Residential Flat Buildings

State Environmental Planning Policy No. 65 aims to improve the design quality of residential flat

buildings in New South Wales by recognising that the design quality of residential flat

development is of significance for the environment within NSW due to the economic,

environmental, cultural and social benefits of high quality design. The SEPP aims to:-

(a) to ensure that it contributes to the sustainable development of New South Wales:

(i) by providing sustainable housing in social and environmental terms, and

(ii) by being a long-term asset to its neighbourhood, and

(iii) by achieving the urban planning policies for its regional and local contexts, and

(b) to achieve better built form and aesthetics of buildings and of the streetscapes and

the public spaces they define, and

(c) to better satisfy the increasing demand, the changing social and demographic profile

of the community, and the needs of the widest range of people from childhood to old

age, including those with disabilities, and

(d) to maximise amenity, safety and security for the benefit of its occupants and the

wider community, and

(e) to minimise the consumption of energy from non-renewable resources, to conserve

the environment and to reduce greenhouse gas emissions.

The SEPP was recently amended and is now known as SEPP 65 – Design Quality of Residential

Apartment Buildings, however this proposal is not subject to the provisions/controls of the

amended SEPP because the subject development application was lodged prior to the notification

of the amended SEPP on 19 June 2015 in accordance with Clause 31 (2) of the SEPP.

The applicant has submitted a satisfactory design verification statement in accordance with

Clause 50(1A) of the Environmental Planning and Assessment Regulations 2000.

Consideration has been given to the primary design principles of the SEPP as follows:

Principle 1: Context

The subject site is located within a B4 (Mixed Use) zone and the proposal for a mixed use shop

top housing style development would generally be suitable for the site context and the desirable

future character for development within Neutral Bay Town Centre fronting this section of

Rangers Road and Yeo Street.



Principle 2: Scale

The building will exceed the maximum 16 metre height control for the site, by a maximum 2.46

metres, however the average exceedance will be approximately 1.5 metres. The upper level of

the building has been setback 4.5 metres from the Yeo Street boundary to minimise the bulk and

scale of the development and presents a reasonable transition between the mixed use nature of the

subject site and residential zoning of sites on the southern side of Yeo Street.

Principle 3: Built Form

The proposal adopts a built form which generally complies with the relevant development

controls relating to the height of the podium and setbacks. The proposed use of quality materials

across the building, and the articulation of the building facade on both Rangers Road and Yeo

Street will provide elements of visual interest which positively contribute to the public domain

and immediate streetscape and emphasise the corner position of the site without materially

impacting upon the adjacent residential zones.

Principle 4: Density

The proposed apartment mix is considered to be an appropriate response to the regional context

and the higher concentration of three bedroom apartments is likely to provide a wider range of

housing choice for the local community, and will respond to the demand from certain

demographic groups such as owner occupiers, downsizers and the like.

Principle 5: Resource, Energy and Water Efficiency

A BASIX Certificate was submitted with the application. The proposed development also

incorporates a number energy efficient measures including the reuse of stormwater harvested for

irrigation and car washing purposes and the proposed atrium provides opportunities for deep soil

planting. Furthermore, the Waste Classification Assessment identifies opportunities for the reuse

of building waste and excavated materials during redevelopment of the site.

The provision of the atrium provides dual aspects for a number of apartments and allows for

cross ventilation to all apartments within the building. The use of operable louvres and screens

will also help to minimise energy consumption. The use of high quality, low maintenance

materials on the exterior of the building will minimise the frequency and cost of building

maintenance.

Principle 6: Landscape

The proposed development, with the atrium and lightwell, is capable of accommodating

opportunities for substantial planting, and the proposed green walls, are supported. Together,

these elements are likely to contribute to a greater aesthetic quality and amenity for occupants and

visitors of the building. The proposed planting across all levels of the exterior of the building is

also supported, and coupled with the street trees, will soften the facade of the building from the

public domain and improve the outlook from the apartments.



Whilst the applicant proposes to retain the street trees along Rangers Road, Council‟s Landscape

Officer has raised concern about their current health, and the effects of construction on their

future survival. As such, it is recommended that the existing street trees along Rangers Road in

front of the subject site be removed and replaced with new trees at the completion of construction

works (refer to Conditions C30 and G32). Replacement trees as proposed will ensure that the

streetscape amenity is retained, as is the outlook for future occupants of the building.

Principle 7: Amenity

The proposal, as amended to provide a linkage between the atrium and lightwell, provides

satisfactory amenity for the residents of the building. All 23 apartments are well sized, with

adequate private open space, storage, visual and acoustic privacy and cross ventilation. Four of

these apartments are adaptable. Whilst only 61% of apartments receive the minimum 3 hours of

direct sunlight between 9am and 3pm in midwinter, given the orientation of the site and the

amenity provided to the majority of the apartments within the development, the non-compliance

is considered to be reasonable. Furthermore, achieving compliance would require the re-

orientation of the primary living spaces of two units from the street and significant harbour/city

skyline views. Given that the current layout already achieves reasonable amenity with an

appropriate balance between solar access and outlook, the current proposal is considered to be

acceptable.

Principle 8: Safety and Security

The proposal provides a secure ground level pedestrian entrance to the residential component of

the building which will be appropriately illuminated during night time periods. Vehicular

parking for residents and retail tenancies will be located in a secure basement carpark accessed

from the southern portion of Yeo Street.

Opportunities for passive surveillance have been maximized within the design through all

apartments addressing the three street frontages at all levels across the building, and commercial

premises being proposed on the ground and lower ground floors which will introduce activities

and improve security along Rangers Road and Yeo Street.

Principle 9: Social Dimensions

The proposed development is well located in an area with good access to public transport and

amenities. The proposed higher concentration of three bedroom units is likely to provide a wider

range of housing choice for the local community given that a greater portion of one and two

bedroom apartments are well catered for in the North Sydney CBD and the St Leonards Precinct.

The proposed development provides apartments which are generous in terms of their size and

amenity with ample storage areas and accessible facilities.

Principle 10: Aesthetics

The design of the proposed residential flat building is generally of a high standard and the use of

quality, and varying materials will ensure a high level of aesthetics and quality appearance.

The setback of the building above podium and the use of recessive/darker colours will reduce its

bulk and scale to ensure the building responds to its location within a transitional zone between

the residential and commercial/mixed uses of the Neutral Bay Town Centre.



The proposal has also been considered in accordance with the relevant provisions in SEPP

65 and the Residential Flat Design Code and is found to be satisfactory.

NORTH SYDNEY LEP 2013

Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 1010m²

Proposed Control Complies

Clause 4.2 – Heights of Building 18.47m

16m NO – Clause

4.6 Variation

submitted

Clause 4.4A – Non-residential Floor

Space Ratio

505sqm

(FSR - 0.5:1)

0.5:1 – 2:1 YES

1. Permissibility within the zone

The land affected by the proposed development is zoned B4 (Mixed Use) pursuant to the North

Sydney LEP 2013, and development for the purpose of “shop-top housing” is permissible in the

zone with the consent of Council.

The LEP defines shop-top housing as follows:

“Shop-top housing means one or more dwellings located above ground floor retail premises or

business premises.”

The proposal comprises ground floor commercial uses to the full street frontages along Ranger

Road and Yeo Street with the exception of the vehicular driveway entrance towards the south-

western corner of the subject site. It is therefore considered that the proposed development is

consistent with the LEP definition for “shop-top” housing because the ground level street

frontages of the proposed development will primarily be occupied by commercial uses with

residential apartment units above.

2. Zone Objectives

Clause 2.3 of the LEP 2013 specifies that the consent authority must have regard to the objectives

for the development in a zone when determining a development application in respect of land

within a zone.

The objectives of the B4 – Mixed Use zone are expressed as follows:

To provide for provide a mixture of compatible land uses.

To integrate suitable business, office, residential, retail and other development in

accessible locations so as to maximise public transport patronage and encourage

walking and cycling.

To create interesting and vibrant mixed use centres with safe, high quality urban

environments with residential amenity.



To maintain existing commercial space and allow for residential development in mixed

use buildings, with non-residential uses on the lower levels and residential uses above

those levels.

The proposed mixed use development is generally consistent with the above objectives of the B4

- Mixed Use zone.

3. Building Heights

Clause 4.3(2) of the LEP 2013 and the LEP building height map specify a maximum building

height of 16m for the subject site. The proposed development has a height ranging between

16.8 metres and 18.47 metres and would breach the building height development standard by up

to 2.47 metres. The elements in breach of the building height are the upper portion of the top

level, and the roof plant.

4. Clause 4.6 Exceptions to Development Standards

Clause 4.6 of LEP 2013 specifies that the consent may be granted for development that

contravenes a development standard imposed by an environmental planning instrument, in

circumstances, where compliance with the standard is unreasonable or unnecessary in the

circumstances, and there are sufficient environmental planning grounds to justify contravening

the standard.

As indicated above in this report, the proposed development would breach the LEP‟s maximum

building height development standard by 2.47 metres. Consequently, the applicant has submitted

a written request for a variation to the maximum building height development standard pursuant

to Clause 4.6(2) of the LEP.

Consideration has been given to the following building height objectives under Clause 4.3(1) of

the LEP 2013 and the written request submitted by the applicant seeking variation to the

maximum building height development standard.

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

development on sloping land to follow the natural gradient,

Comment:

The design of the lower levels has responded to the topography of the site by stepping the

development down the site to address the changing street levels. The upper levels have been

appropriately setback above the podium to minimise the visual impact of the development along

Yeo Street.

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

Comment:

The building elements in breach of the building height alone would not result in the loss of

significant views as detailed in the view loss analysis in the DCP Compliance Table later in this

report.



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

promote solar access for future development,

Comment:

An examination of the solar access diagrams submitted with the application have indicated that

the building elements in breach of the LEP building height development standard are unlikely to

cause a material impact upon the solar access of the properties to the south along Yeo Street and

they will continue to retain two hours of sunlight in mid winter. Further detailed comments are

provided in the section of this report concerned with North Sydney DCP 2013.

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

residents of new buildings,

Comment:

The section of the building in breach of the LEP building height development standard is unlikely

to generate material privacy impacts to residents within the building because suitable separation

is provided by the atrium, the lightwell and the windows over looking these spaces that have been

skilfully designed in terms of their positions and/or privacy screening.

Sufficient separation is provided between neighbouring residential properties because the site is

surrounding by streets on three frontages, with residential developments located more than

20 metres away.

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

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

with, and promotes the character of, an area.

Comment:

The elements in breach of the building height will be above the podium height and appropriately

setback to address the context of the locality. The building setback provided above the podium

will assist in minimising the building bulk, reducing amenity impacts to residential properties on

the southern side of Yeo Street and ensure that the development represents a suitable transition

between the residential and mixed used zones on the boundaries of the Neutral Bay Town Centre.

Concluding comments:

The development is on a subtly sloping site and represents a mostly compliant five (5) storey

development, with the upper portion of Level 4, and the roof top plant exceeding the 16 metre

building height. This non-compliance is a result of the requirement for retail premises on the

ground or the lower ground/basement level to satisfy the NSLEP „shop top housing‟ definition.

Furthermore, the applicant has provided a development yield which is generally consistent with

what is anticipated for the site having regard to the site circumstances.

It is considered that the variation to the building height development standard would be generally

consistent with the building height objectives and strict compliance with the development

standard is considered to be unnecessary and unreasonable.



The Clause 4.6 written variation to the building height development standard as submitted by the

applicant is therefore considered to be well founded.

5. Non-Residential Floor Space Ratio (FSR)

The proposal would contain two commercial/retail tenancies on the lower ground floor

addressing Yeo Street, and four commercial/retail tenancies on the ground floor addressing

Rangers Road. In accordance with the definition of gross floor area contained within NSLEP

2013, these tenancies and their associated toilet, refuse, change room and bike storage facilities,

have a total floor area of 505m2 with a FSR of 0.5:1 which complies with the requirements of

Clause 4.4A(2) of North Sydney LEP 2013.

6. Earthworks

Clause 6.10 of the LEP 2013 specifies that the consent authority must consider the following

matters before granting consent for earthworks:

(a) The likely disruption of, or any detrimental effects on:

(i) Drainage patterns and soil stability in the locality of the development, and

(ii) Natural features of, and vegetation on, the site and adjoining land,

(b) The effect of the development on the likely future use or redevelopment of the land;

(c) The quality of the fill or the soil to be excavated, or both

(d) The effect of the development on the existing and likely amenity of the adjoining

properties;

(e) The source of any fill materials and the destination of any excavated material;

(f) The likelihood of disturbing Aboriginal objects or relics,

(g) The proximity to, and potential for adverse impacts on, any waterways, drinking water

catchment or environmentally sensitive area;

(h) Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the

development.

Comment:

Consideration has been given to the provisions of Clause 6.10 of the LEP 2013 as follows:

Council‟s Development Engineer has reviewed the proposal including the stormwater

management plan and raised no in-principle objection to the proposed works on

engineering/drainage grounds subject to the imposition of appropriate engineering

conditions.

The geotechnical report and the waste classification assessment submitted with the

application indicated that the excavated materials would be clean and unlikely to be

contaminated. Appropriate conditions are also recommended in relation to the disposal

of waste materials.

The geotechnical report has made specific recommendations to manage the excavation

works and Council‟s Development Engineer has recommended appropriate conditions to

manage excavation works at the site.

The subject site has not been identified as significant in terms of Aboriginal heritage and

it is not located within an environmentally sensitive area.

Appropriate conditions are recommended to minimise any nuisance associated with the

construction works to ensure the amenity of the adjoining properties.



In summary, the proposal is considered to be consistent with the provisions of Clause 6.10 of the

NSLEP 2013.

North Sydney DCP 2013

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

Complies Comments

2.2 Function

Diversity of Activities Yes The proposal would ensure diversity of activities within the mixed use zone

with retail/commercial uses on the ground floor and residential uses on the

upper levels.

Maximise Use of Public

Transport

Yes The subject site is well serviced by public transport with frequent bus

services along Military Road.

Mixed Residential Population Yes The proposal does not comply with the DCP requirements for each dwelling

type (i.e. Studio. 1-bedroom, 2-bedroom & 3 bedroom) as indicated in the

table below. Furthermore, the proposed development also provides a non-

complying dwelling yield of 23 apartments instead of 27 based on Council‟s

Residential Development Strategy.

Dwelling Type Proposed Control Compliance

Studio 0%

(0 Units)

10% - 20% No

1 Bedroom 4%

(1 Units)

25% - 35% No

2 Bedroom 26%

(6 Units)

35% - 45% No

3 Bedroom 70%

(16 Units)

10% - 20% No

Whilst the proposal does not comply with Council‟s control for dwelling

mix and yield, it is considered that the proposed higher concentration of

three bedroom apartments is catering to a different housing choice for the

local community, and will respond to a demand for certain demographic

groups such as owner occupiers, downsizers and the like. Furthermore, it is

considered that there is generally a higher supply of 1 and 2 bedroom

apartments across the North Sydney LGA, and the proposed development,

with a higher concentration of 3 bedrooms apartments will complement the

potential shortfall in larger units across the LGA.

For these reasons, the non-compliance is considered to be reasonable in this

instance.

2.3 Environmental Criteria

Noise Yes/No Acoustic impacts from the residential apartments within the building are

unlikely to be material because there is suitable separation between the

neighbouring residential properties (minimum 20 metres) with Yeo Street

and Rangers Road, both busy roads, providing a buffer between the subject

site and surrounding residential receivers. Furthermore, the residential

nature of the use is unlikely to generate significant noise.

Due to insufficient information about the commercial premises within the

building, impacts from these spaces will need to be assessed as part of

separate individual development applications for their first use and fitout

(excluding exempt development). A condition of consent has been

recommended to ensure that the fitout and use (including operating hours)

for the retail premises do not form part of this DA consent (refer to

Condition I1).

Wind Speed Yes Whilst the building height of the proposed development is unlikely to

adversely affect the pedestrian comfort along Rangers Road and Yeo Street,

the provision of an awning along these street and the additional setbacks of

the upper levels of the proposed building would further alleviate any impacts

on pedestrians.




Complies Comments

Reflectivity Yes A variation of materials is proposed across the façade of the building

including a mix of masonry, glazing, louvres and screens. Whilst the

masonry elements are primarily a lighter colour, this will assist in defining

the architectural features of the building and will be complemented by other

external elements in darker tones.

The proposed materials and colours are therefore unlikely to generate

material reflectivity impacts.

Artificial Illumination Yes The external lighting proposed would only involve lighting of building

entrances and passageways. The proposal is considered to be acceptable in

this regard. A standard condition of recommended to ensure no additional

external illumination of the building (refer to Condition I5).

Awnings Yes The proposal for awnings along Rangers Road and Yeo Street is supported

as this would provide weather protection for pedestrians. The awnings will

be weather sealed with the adjacent retail awnings at 1 – 7 Rangers Road and

provision has been made for the existing street trees in the design of the

awnings.

Solar Access No The DCP requires 70% of dwelling within a residential flat building/shop

top housing to receive more than 2 hours of sunlight in mid winter. The

proposed development would achieve 61% (i.e. 14 of the 23) of the

apartments to receive 2 hours of sunlight to the main living/private open

space areas. The applicant has provided the following justification for this

non-compliance:

Given the fact that two of the street frontages face south and that

one of the remaining boundaries is a side boundary to

commercial development (77% of the whole site frontage), 61% is

considered to be an appropriate outcome. As those apartments

that have solar access, receive well above the minimum required,

overall the level of solar access is considered to be good.

Further it should be noted that Apartments 203 and 303 could be

modified to have north facing living areas. However the outlook

to the rear would be far less desirable than the street view and

the views of the city and Harbour Bridge to the south and would

not provide activation or passive surveillance of Yeo Street.

Therefore although compliance could be achieved, this would be

an overall poorer planning outcome.

Given the orientation of the site and the amenity provided to the majority of

the apartments within the development, the non-compliance of two units is

considered to be reasonable. It is considered to be unreasonable to re-

orientate the primary living spaces of two units away from Yeo Street with

significant harbour/city views in order to achieve compliance given that

reasonable amenity will still be achieved through the retention of these

outlooks.

The arguments presented by the applicant are therefore supported in this

instance.

Consideration has also been given to overshadowing of the adjoining

properties on the southern and eastern sides of Yeo Street where there is a

mix of town house and residential flat developments. An examination of the

solar access diagrams submitted with the application indicated a minimum of

two hours of solar access would be provided to all apartments/townhouses

with north facing windows/openings in mid winter within their front

setbacks. The proposal is therefore considered to be acceptable having

regard to solar access.

Views Yes The proposed development is likely to cause a loss of views from the third

floor apartments on the northern side of Rangers Road (Units 26 and 28,

No.4 Rangers Road).




Complies Comments

The following view assessment has been undertaken in accordance with the

four (4) step process adopted by Commissioner Roseth of the NSW Land

and Environment Court centering around Tenacity Consulting v Warringah

Council [2004] NSWLEC 140.

First Step:

“The first step is the assessment of views to be affected. Water views are

valued more highly than land views. Iconic views (eg of the Opera House,

the Harbour Bridge or North Head) are valued more highly than views

without icons. Whole views are valued more highly than partial views, eg a

water view in which the interface between land and water is visible, is more

valuable than one in which it is obscured.”

Comment:

Unit 28

The view currently enjoyed from the kitchen window of Unit 28, 4 Rangers

Road (Level 3) comprises part of the plant room/lift overrun of the existing

commercial buildings at 9 – 11 Rangers Road, the roof top including plant

and equipment at 1 -7 Rangers Road. This includes a distant view of the

city skyline the upper portion of the harbour bridge, buildings and

vegetation over the roof of the existing commercial building on the subject

site and the Woolworths building (refer to Figures 11 – 12).




Complies Comments

Figures 11 – 12 – Outlook from the kitchen window of Unit 28, 4

Rangers Road (above) & location of kitchen window of Unit 28, No. 4

Rangers Road as viewed from the subject site (below)

Whilst the upper portion of the harbour bridge is visible, it can not be easily

identified because the form of the bridge is not highly recognisable due to

the obstruction of the base of the bridge by other buildings and the angle of

the view. It is considered that the significance of the view has been severely

compromised under the site circumstance.

The proposal would result in a loss of this city skyline and harbour bridge

view from the kitchen window of Unit 28. However it is noted that a

compliant building at the subject site, with a height of 16 metres, would still

cause the same level of view loss from this Unit.

Unit 26

The view currently enjoyed from the balcony of Unit 26, 4 Rangers Road

(Level 3) comprises part of the plant room/lift overrun of the existing

commercial buildings at 9 – 11 Rangers Road, the roof top including plant

and equipment at 1 – 7 Rangers Road and the commercial buildings further

to the west. Views across the plant room/lift overrun and roof top of 9 – 11

Rangers Road and 1 – 7 Rangers Road respectively includes a distant view

of the city skyline and tops of the Opera House, buildings and vegetation.

Figure 13 – Outlook from the balcony of Unit 26, 4 Rangers Road

showing the city skyline and Opera House

The proposal would result in a loss of this city skyline and Opera House

view from the balcony of Unit 26. However it is noted that a compliant

building at the subject site, with a height of 16 metres, would still result in a

loss of views to the Opera House and part of the city skyline.

Second Step:

“The second step is to consider from what part of the property the views are

obtained. For example the protection of views across side boundaries is

more difficult than the protection of views from front and rear boundaries.

In addition, whether the view is enjoyed from a standing or sitting position

may also be relevant. Sitting views are more difficult to protect than

standing views. The expectation to retain side views and sitting views is

often unrealistic.”




Complies Comments

Comment:

Unit 28

As mentioned above, the views being considered are from the kitchen

window of the unit in a standing position.

Unit 26

As mentioned above, the views being considered are from the balcony of the

unit in a sitting and/or standing position. Due to the orientation of the site,

the view is obtained across the side boundary of the subject site at 9 – 11

Rangers Road.

There are no significant views from the living and dining areas.

Third Step:

“The third step is to assess the extent of the impact. This should be done for

the whole of the property, not just for the view that is affected. The impact

on views from living areas is more significant than from bedrooms or

service areas (though views from kitchens are highly valued because people

spend so much time in them). The impact may be assessed quantitatively, but

in many cases this can be meaningless. For example, it is unhelpful to say

that the view loss is 20% if it includes one of the sails of the Opera House. It

is usually more useful to assess the view loss qualitatively as negligible,

minor, moderate, severe or devastating.”

Comment:

Unit 28

The proposal will result in the loss of the view of the Harbour Bridge and

this would be considered a severe loss of view should the view not be

compromised. However as discussed above, the value of the view has been

compromised by the angle of the view, and the surrounding context. As

such, the view loss of considered to be minor.

Unit 26

The proposal will result in the loss of the view of the Opera House and the

part of the city skyline. Given only the upper portion of the Opera House is

visible from this Unit, and the remainder of this structure is obstructed by

the existing commercial building at the subject site, the value of this Opera

House view is highly compromised.

The complying elements of the proposed development will result in the loss

of the eastern city skyline views. Whilst this skyline view is considered to

be significant, it is important to note that this view is being obtained across

the boundary and would be significantly impacted upon by any complying

development.

Fourth Step:

“The fourth step is to assess the reasonableness of the proposal that is

causing the impact. A development that complies with all planning controls

would be considered more reasonable than one that breaches them. Where

an impact on views arises as a result of non-compliance with one or more

planning controls, even a moderate impact may be considered

unreasonable. With a complying proposal, the question should be asked

whether a more skilful design could provide the applicant with the same

development potential and amenity and reduce the impact on the views of

neighbours. If the answer to that question is no, then the view impact of a

complying development would probably be considered acceptable and the

view sharing reasonable.”




Complies Comments

Comment:

Unit 28

The proposed development breaches the building height development

standard. However as indicated in Figure11 above, the extent of view loss

would be the same as if the proposed building was compliant with the 16m

building height limit.

Unit 26

The proposed development breaches the building height development

standard. The component of the building which would cause the loss of

skyline and Opera House views will be the south-western corner of the

proposed Level 3 fronting Yeo Street. It is noted that this element of the

building is compliant with the 16 metre building height.

Furthermore, redevelopment of the Woolworths site to a complying height

(16 metres) would also result in the loss of the current view enjoyed from

this property.

Conclusion

Unit 28

The types of views potentially affected by the building elements in breach of

LEP‟s building height development standards are skyline and harbour bridge

views from the kitchen window of Unit 28, 4 Rangers Road. Such views are

considered to be valuable under the Tenacity principles.

The Tenacity tests suggests that the view loss caused by the proposal would

be minor because the level of view loss would be the same if the building

was compliant with Council‟s building height development standard.

Unit 26

The proposed development will result in the loss of city skyline and Opera

House views from the balcony of Unit 26, 4 Rangers Road. Although the

loss of these views is regrettable, any development complying with the

building envelope controls, namely the building height, would result in the

same level of view loss.

As such, whilst they are significant views, they are difficult to protect and as

suggested by the Tenacity tests, the view loss would be acceptable.

Acoustic Privacy Yes

(via

condition)

The applicant has submitted an acoustic report recommending a number of

measures to achieve compliance with the DCP acoustic amenity

requirements. A condition is recommended requiring the implementation of

such measures in the acoustic report to ensue the amenity of the proposed

apartment units.

Visual Privacy Yes The proposal does not comply with the minimum 12 metre separation

between habitable rooms within the proposed development and the atrium

provides a separation of 9 metres, and the lightwell between 2.8 –

6.3 metres.

In both cases the applicant has either designed the windows to restrict

overlooking (highlight windows, translucent glazing), or proposed the

installation of adjustable louvre blinds and/or fixed blade privacy screening

to ensure adequate privacy is provided.

The proposal is unlikely to have an adverse impact on visual privacy for the

residential properties located on the southern and south-western side of the

subject site across Yeo Street because of the separation provided between

the subject site and the Yeo Street properties at a minimum of 20m.

There are no privacy impacts to adjoining commercial property at No's 1-7

Rangers Road.

2.4 Quality built form

Context Yes The design of the proposed mixed use building is generally in context with

surrounding development on Military Road and has given consideration to

the surrounding residential properties.




Complies Comments

Site Consolidation Yes (via

condition)

The applicant proposes to consolidate the existing two lots which will enable

suitably sized commercial/retail premises and will reflect a subdivision and

lot size more in line with similar mixed use sites including No. 4 Rangers

Road.

A condition is recommended to ensure consolidation of the lots prior to the

issue of the Construction Certification (refer to Condition C1).

Setbacks Yes Front

The applicant has provided a 1.5 metre ground floor setback from Rangers

Road as required under the relevant Area Character Statement. All other

ground floor elements on Yeo Street have been built with a nil setback in

accordance with Council‟s DCP controls.

Side

The property has only 1 side boundary to 1 – 7 Rangers Road and the

proposed nil setback is consistent with the DCP requirement.

Podiums Yes Rangers Road

The proposal complies with the DCP requirements for a 13 metre (4 storey)

podium building height to Rangers Road with an average 3 metre setback for

the building structures above podium height.

Yeo Street

The proposal has provided a podium height of generally 10 metres (3

storeys), with setbacks above the podium height ranging from 3 metres – 4.5

metres. These upper storey setbacks will provide a consistent building form

across the upper level building elements and will contribute to the

minimisation of the building bulk and reduce solar access impacts to

residential properties on the southern side of Yeo Street. Building Design Yes/No

(acceptable

on merit)

The proposed building design with zero front and side setbacks (with the

exception of Rangers Road frontage) and the use of the ground floor for

commercial/retail purposes is generally consistent with the character of

similar mixed use buildings along Rangers Road, namely No. 4 Rangers

Road.

The retail premises on the ground level along Rangers Road provide

generous floor to ceiling heights, however these heights are limited on the

lower ground Yeo Street tenancies in response to the topography of the site,

and do not comply with the minimum 3.3 metres. However on balance, the

proposal is considered to be acceptable.

The proposed 2.7m floor to ceiling height for the first floor does not comply

the DCP requirement for 3.3m. However the proposal is considered to be

acceptable in this regard because it complies with the LEP‟s minimum non-

residential FSR of 0.5:1 and the first floor apartments generally achieve

good solar access and/or cross ventilation.

High quality materials are proposed across the building and the architecture

will provide elements of visual interest for pedestrians within the public

domain to maintain streetscape quality.

Skyline Yes Whilst the proposal breaches the LEP building height limit, the upper levels

have been appropriately setback to reduce the overall scale of the building

and to create a suitable transition between the mixed use zone and the

adjoining residential zone.

The rooftop plant including the lift overruns and air conditioning units are

contained within 2 structures which sit 600mm higher than the roof. Given

that these structures are setback from the boundaries of the site, and that the

height of the proposed building will exceed the height of buildings

immediately surrounding the subject site, it is unlikely that these structures

will be highly visible from surrounding properties.




Complies Comments

The proposal would have no adverse impact on the skyline of Neutral Bay

Town Centre.

Junction and Termination

of Streets

Yes The subject site is located on a street corner with three street frontages. The

building design has responded to the alignment of the streets with

appropriate articulation and architectural features to provide visual interest

along the street frontages.

Balconies - Apartments Yes Balconies are substantially incorporated within the building envelope and

well integrated into the overall architectural form and detail of the building.

Streetscape Yes The design of the building and the treatments of the building façade to

Rangers Road and Yeo Street are considered to be acceptable and would

provide visual interest. The proposed commercial/retail uses on the lower

ground and ground levels would provide opportunities for street activities to

Rangers Road and Yeo Street.

Entrances and Exits Yes An accessible pedestrian entrance for the residential component of the

proposed development would be provided along Ranges Road at the main

residential entrance. The design of the main building entrance will convey a

sense of address for the proposed development.

The retails premises will be highly visible from both Rangers Road and Yeo

Street frontages to satisfy the DCP in this respect.

Nighttime appearance Yes The ground floor commercial/retail use and the building entrances would

enhance the visual interest and night time appearance of the proposed

development.

2.5 Quality Urban Environment Accessibility Yes The proposed development, including the ground floor commercial/retail

tenancies and the apartment units on the upper levels, would be accessible

with lift access to all floors including the basement carpark.

Furthermore, four apartment units are designed to be adaptable for people

with disabilities including the provision of the required number of disabled

parking spaces.

Safety and Security

Illumination

Yes The external lighting proposed would involve lighting of building entrances

and passageway to ensure safety and security for residents and visitors.

High Quality Residential

Accommodation

Yes

All the proposed apartments would comply with the DCP‟s unit size

requirements as indicated in the table below:

Dwelling Type Proposed Control Compliance

1 Bedroom 52sqm 50sqm Yes

2 Bedroom 80sqm – 95sqm 80sqm Yes

3 Bedroom 108sqm – 155sqm 100sqm Yes

In addition:

The proposed apartments would have variable widths no less than

4 metres.

100% of apartment will have cross ventilation

The main area within the ground floor communal corridor, and the

lobby areas directly outside the lifts on each level, will have a

width of at least 2 metres.

The proposal is considered to be acceptable in this regard.

Lightwells No

(acceptable

on merit)

The applicant proposes a connected light well and atrium within the

building. The atrium is located within the central core of the building, and

the lightwell on the north-western elevation of the building.

Whilst the dimensions of both structures do not strictly comply with

Council‟s minimum DCP requirements of 12 – 18 metres for buildings up to

12 metres and between 12 – 25 metres respectively, the non-compliance is

considered to be acceptable having regard to the following:

The design of the apartments has achieved acceptable privacy

without relying on the separation distances with the proposed

privacy devices including screens and louvres to windows and the

careful positioning and orientation of the remaining windows.

The majority of apartments achieve compliance with the




Complies Comments

requirements for direct sunlight without reliance on the atrium

and/or lightwell. Only 1 unit is reliant on the atrium and the

lightwell to achieve compliance with the minimum two (2) hours

of sunlight.

The provision of an open link for the atrium and lightwell will

enable 100% cross flow ventilation across all apartments.

The amended design linking the lightwell and the atrium will

improve the amenity to the development as a whole, with added

natural ventilation and improved outlook.

Private Open Space Yes/No

Balconies have been provided for all apartments however seven of the 23

apartments do not provide the required 20m2 for a 3 bedroom apartment with

balconies ranging from 11.2m2 – 18.4m2. In accordance with Provision P3

of this section of the DCP, these apartments have well in excess of the

minimum internal floor space to make up for the reduced balcony size.

Furthermore, overall the development provides 47.6m2 of additional private

open space above the minimum requirement.

The applicant is not proposing dedicated communal open space as required

under this section of the DCP and as suggested by the Design Excellence

Panel. As discussed earlier in this report, the applicant has provided

acceptable reasons as to why dedicated communal open space is not required

in this instance given the large lobby area at ground level with plantings.

Vehicular Access Yes Vehicular access to the basement carpark would be provided via Yeo Street

in the same location as the existing driveway. Council‟s Development

Engineer has raised no objection to the proposed vehicular access design

subject to the imposition of appropriate conditions.

Car Parking Yes/No The proposed basement parking would provide a total of 23 residential and 7

retail spaces, as well as 1 car wash bay for residential use. Provision is also

made for motorcycle and bicycle parking in accordance with Council‟s

requirements.

Parking Type:

Proposed Control

(Maximum)

Compliance

Residential:

- Car

23

23

(0.5sp 1B;

1sp/2B & 3B

units)

Yes

Residential

- Motorcycle

2

2

(1sp/10car)

Yes

Residential

- Car wash bay

1 1 Yes

Residential

- Disabled 4

4

(1sp/each

adaptable unit)

Yes

Residential

- Bicycle Parking 27

23

(1/unit) Yes

Residential

- Visitor Bicycle

Parking

3 3

(1/10units) Yes

Non-residential

- Car

7

(including

delivery

bay)

8.4

(1sp/60sqm)

No

Non-residential

- Disabled

1 1

1-2%

Yes

Non-residential

- Loading

1 No specified

control

Complies on

merit

Non-residential 3 3 Yes




Complies Comments

- Bicycle (1sp/250m2)

Non-residential

- Visitor Bicycle

6 6

(2 + 1sp/100m2

over 100m2

GFA)

Yes

As indicated in the table above the residential parking spaces would comply

with Council‟s maximum parking rate however there is a deficit of 2 non-

residential parking spaces. No objection is raised to this deficit because the

subject site is well served by public transport. Provision has also been made

for a non-residential loading facility, capable of accommodating a B99

utility van. The size of the space is considered to be suitable for the small

size and limited number of the retail suites.

Garbage Storage Yes

(via

condition)

The amended proposal was referred to Council‟s Environmental Education

Officer who supported the provision of the garbage storage area within two

(2) metres of the street however it was noted that the applicant has still not

made provision for a garbage chute and compactor. Giving consideration to

the number of apartments proposed (23) and in light of the arguments

provided by the applicant as to why a garbage chute and compacter should

not be provided, these facilities are not considered to be required.

However, to ensure that residents of the development are fully aware of the

arrangements for waste management and disposal within the building, it is

recommended that, prior to the consent becoming operational, the Waste

Management Plan submitted with the development application be amended

to provide further details on how residents will be educated and notified on

the waste disposal arrangements within the building (refer to Condition

AA1).

Site Facilities Yes

Storage facilities have been provided within the units and within the

basement well in excess of the minimum requirements. Furthermore, the

letterboxes would be located adjacent to the Rangers Road building

entrance. The proposal is considered to be acceptable in this regard.

2.6 Efficient Use of Resources Energy Efficiency Yes The application is accompanied by a compliant BASIX Certificate.

Passive Solar Design Yes The design of the building with the atrium and lightwell has achieved good

solar access to 14 of the 23 units in the proposed development.

Natural Ventilation Yes The proposal would achieve a reasonable level of natural ventilation with

100% of the apartments.

Stormwater Management Yes Council‟s Development Engineer has raised no objection to the proposal on

engineering grounds subject to the imposition appropriate conditions

relating to stormwater management.

Building Materials Yes The proposed finishes and materials as submitted are considered to be of a

high quality and generally acceptable

Green Roofs No

(acceptable

on merit)

A green roof has not been proposed however given the size of the atrium and

the opportunities for deep soil planting within this space, the exclusion of a

green roof is considered to be acceptable.

Signage

The applicant provided a drawing showing the retail signage proposal floor the proposed retail

tenancy on the corner of Rangers Road and Yeo Street. However an assessment cannot be

carried out due to the provision of inadequate information with regard to dimensions, content,

and number and extent of signage across the building. A condition is therefore recommended

that no approval be granted to any signage across the building (refer to Condition A6).



DEVELOPMENT CONTROL PLAN 2013

North Cremorne Planning Area (Neutral Bay and Cremorne Town Centres & 1 – 11 Rangers

Road)

The application has been assessed against Part C of North Sydney DCP 2013 in particular Section

5 of the Character Statement for North Cremorne Planning Area, Section 5.1 for Neutral Bay and

Cremorne Town Centres and Section 5.1.5 for the properties along Nos 1-11 Rangers Road

which include the subject site.

The proposed mixed use building would be generally consistent with the desired mixed use

character for development along the northern end of Rangers Road just south of Military Road.

The design of the proposed mixed use building is also consistent with the desired built form in

terms of bulk/scale, setbacks, podium heights and car parking arrangements. In particular, the

applicant has amended the proposal to provide the 1.5 metre ground floor setback to Rangers

Road as required under Section 5.1.5 for No‟s 1 – 11 Rangers Road which includes the subject

site.

The development will incorporate a high quality of finishes and materials, and together with the

articulation and resolution of the three (3) facades fronting Rangers Road and/or Yeo Street, will

positively contribute to, and enhance, the streetscape and public domain within the immediate

vicinity.

SECTION 94 CONTRIBUTIONS

The proposal would result in the demolition of the two (2) four (4) storey commercial buildings

and the construction of a mixed use building containing twenty – three (23) apartments. The

proposed development would generate a net increase in the number of dwellings within the LGA

and hence a Section 94 contribution is warranted. The contribution is based on 1 x 1 bedroom

unit, 6 x 2 bedroom units, 16 x 3 bedrooms units less credit for the commercial floor space (from

2383sqm to 505sqm) as proposed in the current DA.

Levy Residential

Contribution

Commercial

Contribution

(505sqm)

Commercial Credit

(2383sqm)

Section 94

Contribution payable

Administration $3,528.16 $1,091.56 $5,150.85 $0.00

Child Care Facilities $6,111.32 $4,621.00 $21,805.64 $0.00

Community Centres $16,017.28 $2,660.85 $12,556.03 $6,122.10

Library and Local

Studies Acquisitions

$2,987.62 $542.62 $2,560.53 $969.71

Library Premises &

Equipment

$9,242.57 $1,649.58 $7,784.07 $3,108.08

Multi Purpose Indoor

Sports Facilities

$2,523.62 $624.18 $2,945.39 $202.41

Olympic Pool $8,220.08 $2,034.14 $9,598.72 $655.50

Open Space Acquisition $100,738.42 $1,989.45 $9,387.83 $93,340.04

Open Space Increased

Capacity

$199,680.86 $3,943.29 $18,607.66

$185,016.49

Public Domain

Improvements

$7,893.59 $4,218.27 $19,905.20 $0.00

Traffic improvements $9,689.56 $0.00 $0.00 $9,689.56

Total $299,103.89



ALL LIKELY IMPACTS OF THE DEVELOPMENT

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

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities Yes

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979

SUBMITTERS CONCERNS

The notification of the application has attracted five (5) submissions and the issues raised in the

submissions are addressed below:

Oversupply of retail and commercial premises

Comment: The zoning of the subject site (Mixed Use) requires the applicant to provide ground

floor retail or business premises and the applicant has provided the required minimum retail

premises in order to meet Council‟s non-residential floor space requirements.

Furthermore, the use of these spaces is still to be determined and has the potential to be utilised

for other uses such as food and drink premises to serve the local community.

Impact of development on access to sunlight within first floor apartment at No. 59 Yeo

Street, in particular the north facing sunroom.

Comment:

Appropriate standard conditions have been recommended to ensure the amenity of the adjoining

properties during the construction phase of the development, including conditions limiting

construction hours, noise and vibration as well as the requirement for the submission of a

construction noise management plan (see Condition C42).

Adverse parking and traffic impacts for the neighbourhood

Upgrades should be made to the existing traffic regulations within the area for the

safety of pedestrians.



No provision for a loading dock or visitor car spaces will increase pressure on on-street

parking.

Comment:

It is noted that the findings from the Traffic and Parking Impact Assessment submitted with the

development application indicate that the proposed development will result in a reduction in peak

hour traffic in the order of 17 peak hour vehicles during the morning and evening and that the

development will have no appreciable impact on the surrounding road network and may result in

improved intersection performances.

Given that traffic impacts from the proposed development have been assessed as not significant

with little to no effect on the surrounding road networks, upgrades to the road network and traffic

regulations are not considered to be required in response to this development.

Amended plans submitted by the applicant on 17 July 2015 have made provision for a loading

and delivery bay within the basement to service the retail and commercial premises. With regard

to visitor parking, Council‟s DCP does not require visitor parking for the residential or

commercial component of the development. Nevertheless it is considered that the subject site is

well serviced by public transport.

Overshadowing impacts to residential properties

Comments: As discussed in the DCP table earlier in this report, the proposal will have no

material adverse impact on solar access to existing residential properties, particular to the south

along Yeo Street. All residential properties, including No. 59 Yeo Street will retain a minimum

of two hours solar access in midwinter.

View loss

Comment: As discussed in the DCP table earlier in this report, the proposed development will

result in the loss of significant views from Level 3 of the neighbouring mixed use building at No.

4 Rangers Road. An assessment of the proposal against the Tenacity Principle has been

undertaken which suggests that the impacts generated by the proposed development would be

acceptable because any development complying with the building envelope controls, namely the

building height, would result in the same level of impact.

CONCLUSION

The development application has been assessed against the North Sydney LEP 2013 and North

Sydney DCP 2013 and SEPP 65 – Design Quality of Residential Flat Building and generally

found to be satisfactory.

The development is on a subtly sloping site and represents a mostly compliant five (5) storey

development, with the upper portion of Level 4, and the roof top plant exceeding the 16 metre

building height. This non-compliance is a result of the requirement for retail premises on the

ground or the lower ground/basement level to satisfy the NSLEP „shop top housing‟ definition.

Furthermore, the applicant has provided a development yield which is generally consistent with

what is anticipated for the site having regard to the site circumstances.



The Clause 4.6 submission seeking a variation to the building height development standards was

supported because the building elements in breach of the LEP building height development

standard would not cause material impacts on the amenity of the adjoining properties in terms of

bulk and scale as well as the character of the locality.

The applicant has also amended the design of the proposal in response to the comments provided

by the Design Excellence Panel that recommended a connection between the atrium and lightwell

and a reduced setback above podium height to the upper levels along Yeo Street. The applicant

also amended the plans to provide a 1.5 metre ground floor setback to Rangers Road in

accordance with Council‟s Area Character Statement for 1 – 11 Rangers Road. The amendments

are considered to be acceptable.

The proposed development will result in a reduction in peak hour traffic in the order of 17 peak

hour vehicles during the morning and evening and the development will have no appreciable

impact on the surrounding road network and may result in improved intersection performances

due to the reduction in commercial FSR.

The applicant has not made provision for a garbage chute and compaction unit within the

development and giving consideration to the small number of apartments, the exclusion of the

chute and compaction unit is considered to be acceptable. However, to ensure that waste disposal

is properly managed, and residents of the development are fully aware of the arrangements for

waste management and disposal within the building, it is recommended that a deferred

commencement condition be imposed, requiring the applicant to amend the Waste Management

Plan submitted with the development application to provide further details on how residents will

be educated and notified on the waste disposal arrangements within the building.

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

considered to be satisfactory and therefore can be approved subject to the applicant satisfying the

requirements of the deferred commencement condition.

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 Planning and Infrastructure invoke the provisions of

Clause 4.6 with regard to the exception to the development standard for height and grant deferred

commencement consent to Development Application No.116/15 for a mixed use/shop top

housing building on land at Nos. 9 – 11 Rangers Road, Neutral Bay subject to the following

attached site specific conditions and other standard conditions:-

Waste Management Plan (Deferred Commencement)

AA1. The Waste Management Plan prepared by Elephants Foot Recycling Solutions, dated 25

March 2015, shall be amended to provide further details on how residents within the

building will be notified of the proposed residential waste disposal arrangements

specifically, the requirement for residents to dispose of waste materials in the nominated

waste refuse room within the lower ground level/basement, and how this refuse room can

be accessed from the residential apartments within the development.



The amended Waste Management Plan should clearly specify the requirement for a

building manager/cleaner to be employed to ensure the intent of the Waste

Management Plan is met.

(Reason: To ensure that residents of the development are fully aware of the

arrangement for waste management and disposal within the development)

Upon satisfaction of the deferred commencement condition, the following site specific

conditions apply:

The issue of Construction Certificates shall be staged as follows:

A5. CC1 - This Construction Certificate shall include works for securing and clearing of the

subject site, the provision of preliminary services and the setting up of sedimentation

fencing. This Construction Certificate shall not include any excavation and other

construction/building works.

CC2 - This Construction Certificate shall include excavation works, the construction

of the foundations (including piering), basement slabs and pouring of the ground floor

slab.

CC3 - This Construction Certificate shall include the construction of the remaining

structures of the approved development.

(Reason: To enable staging of the Construction Certificate issue process)

Signage

A6. No approval is granted or implied for any signage across the approved building

(excluding signage which can be installed under SEPP (Exempt and Complying

Development Codes- 2008)).

(Reason: To ensure that the terms of the consent are clear)

Amalgamation of Lots (CC1)

C1. Prior to the issue of ANY Construction Certificate, the applicant shall submit

documentary evidence to the Principal Certifying Authority demonstrating the

amalgamation of the existing allotments, Lots 7 and 8 in DP 2989.

(Reason: To ensure the existing allotments are to be amalgamated and consistency

with the development)

Natalie Moore Stephen Beattie ASSESSMENT OFFICER MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

9 – 11 RANGERS ROAD, NEUTRAL BAY DEVELOPMENT APPLICATION NO. 116/15

DEFERRED COMMENCEMENT CONDITION This consent shall not operate until the following deferred commencement condition has been satisfied. The applicant must satisfy Council as to the matters specified in the deferred commencement conditions within 12 months of the date of the granting of this consent. If the applicant fails to satisfy Council as to the matters specified in the deferred commencement conditions within 12 months of the date of the granting of this consent, this consent will lapse in accordance with Section 95(6) of the Environmental Planning and Assessment Act 1979. NOTE: Consideration should be given to providing the evidence to Council to allow sufficient time consider the same and form a view as to whether the deferred commencement conditions are satisfied or not. You are also advised of your appeal rights under clause 95(6) of the Environmental Planning and Assessment Regulation 2000, which provides that: If the consent authority has not notified the applicant within the period of 28 days after the applicant’s evidence is produced to it, the consent authority is, for the purposes only of section 97 of the Act, taken to have notified the applicant that it is not satisfied as to those matters on the date on which that period expires. AA. Deferred Commencement Condition Waste Management Plan (Deferred Commencement) AA1. The Waste Management Plan prepared by Elephants Foot Recycling Solutions, dated

25 March 2015, shall be amended to provide further details on how residents within the building will be notified of the proposed residential waste disposal arrangements specifically, the requirement for residents to dispose of waste materials in the nominated waste refuse room within the lower ground level/basement, and how this refuse room can be accessed from the residential apartments within the development.

The amended Waste Management Plan should clearly specify the requirement for a building manager/cleaner to be employed to ensure the intent of the Waste Management Plan is met.

(Reason: To ensure that residents of the development are fully aware of the

arrangement for waste management and disposal within the development)

ATTACHMENT TO IPP05 - 02/09/2015 Page 39

9-11 RANGERS ROAD, NEUTRAL BAY DEVELOPMENT APPLICATION NO. 116/15 Page 2 of 61

September 2013 v1

Upon satisfaction of the deferred commencement condition, the following conditions apply: A. Conditions that Identify Approved Plans

Development in Accordance with Plans/documentation

A1. The development must be carried out in accordance with the following drawings and documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Issue Title Drawn by Received DA.02 C Lower Ground Level PCA Architects 17.07.15 DA.03 E Ground Level PCA Architects 22.07.15 DA.04 C Level 1 PCA Architects 17.07.15 DA.05 C Level 2 PCA Architects 17.07.15 DA.06 B Level 3 PCA Architects 17.07.15 DA.07 B Level 4 PCA Architects 17.07.15 DA.08 B Level 5 Roof Plan PCA Architects 17.07.15 DA.09 B Basement Level 1 PCA Architects 17.07.15 DA.10 B Basement Level 2 PCA Architects 17.07.15 DA.011 C Basement Level 3 PCA Architects 17.07.15 DA.12 C Elevation [1] PCA Architects 22.07.15 DA.13 C Elevation [2] PCA Architects 22.07.15 DA.14 D Elevation [3] PCA Architects 22.07.15 DA.15 D Elevation [4] PCA Architects 22.07.15 DA.16 D Section A.A PCA Architects 22.07.15 DA.17 C Section B.B PCA Architects 22.07.15 Sheet No. 1 of 10 4 Location Plan John Walton 26.08.15 Sheet No. 2 of 10 4 Basement 3 John Walton 26.08.15 Sheet No. 3 of 10 4 Basement 2 John Walton 26.08.15 Sheet No. 4 of 10 4 Basement 1 John Walton 26.08.15 Sheet No. 5 of 10 4 Lower Ground John Walton 26.08.15 Sheet No. 5 of 10 4 Ground John Walton 26.08.15 Sheet No. 7 of 10 4 Level 1 John Walton 26.08.15 Sheet No. 8 of 10 4 Level 2 John Walton 26.08.15 Sheet No. 9 of 10 4 Level 3 John Walton 26.08.15 Sheet No. 10 of 10 4 Level 4 John Walton 26.08.15

(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.


accordance with the determination of Council, Public Information and to ensure ongoing compliance)



September 2013 v1

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) External Finishes & Materials A4. External finishes and materials must be in accordance with the submitted schedule

dated 14/07/15, prepared by PCA Architects and received by Council on 17/07/2015 unless otherwise modified by Council in writing.


accordance with the determination of Council, Public Information) The issue of Construction Certificates shall be staged as follows: A5. CC1 - This Construction Certificate shall include works for securing and clearing of

the subject site, the provision of preliminary services and the setting up of sedimentation fencing. This Construction Certificate shall not include any excavation and other construction/building works.

CC2 - This Construction Certificate shall include excavation works, the construction of the foundations (including piering), basement slabs and pouring of the ground floor slab.

CC3 - This Construction Certificate shall include the construction of the remaining structures of the approved development.

(Reason: To enable staging of the Construction Certificate issue process)

Signage A6. No approval is granted or implied for any signage across the approved building

(excluding signage which can be installed under SEPP (Exempt and Complying Development Codes- 2008)).

(Reason: To ensure that the terms of the consent are clear)



September 2013 v1

B. Matters to be Completed before the lodgement of an Application for a Construction

Certificate Construction Management Program – Local Traffic Committee Approval B1. A Construction Management Program prepared by a suitably qualified and

experienced traffic consultant must be submitted and approved in writing by North Sydney Traffic Committee PRIOR TO THE ISSUE OF ANY Construction Certificate. Any use of Council property will require appropriate approvals prior to any work commencing. At a minimum, the Construction Management Program must specifically address the following matters:

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

indicating: i. Dedicated temporary construction site driveway entrances and exits,

controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways and footways;

ii. The proposed signage for pedestrian management to comply with the relevant Australian Standards, including pram ramps;

iii. Turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site;

iv. The locations of any proposed Work Zones in the frontage roadways (to be approved by Council’s Traffic Committee);

v. Locations of hoardings proposed; vi. Location of any proposed crane standing areas; vii. A dedicated unloading and loading point within the site for all

construction vehicles, plant and deliveries; viii. Material, plant and spoil bin storage areas within the site, where all

materials are to be dropped off and collected; and ix. The provision of an on-site parking area for employees, tradesperson and

construction vehicles as far as possible.

b) A detailed heavy vehicle access route map through the Council area to Arterial Roads. Provision is to be made to ensure through traffic is maintained at all times.

c) The proposed phases of works on the site, and the expected duration of each

phase.

d) How access to neighbouring properties will be maintained at all times and the proposed manner in which adjoining property owners will be kept advised of the timeframes for completion of each phase of process.

e) The road is not to be used as a waiting area for trucks delivering to or awaiting

pick up of materials.



September 2013 v1

f) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve. The proposed method of support is to be designed and certified by an appropriately qualified and practicing structural engineer and must not involve any permanent or temporary encroachment onto Councils property.

g) Proposed protection for Council and adjoining properties. Details are to

include site fencing and the provision of “B” class hoardings over footpaths and laneways.

h) A Waste Management Plan. The Waste Management Plan must include, but

not be limited to, the estimated volume of waste and method of disposal for the construction and operation phases of the development, design of on-site waste storage and recycling area and administrative arrangements for waste and recycling management during the construction process.

All traffic control work and excavation, demolition and construction activities must be undertaken in accordance with the approved Construction Management Program and any conditions attached to the approved Program. A certificate of compliance with this condition must be obtained from Council’s development engineers. The certificate and the approved Construction Management Program must be submitted as part of the documentation lodged with the application for approval of a construction certificate. A copy of the approved Construction Management Program and any conditions imposed on that Program, must be kept on the site at all times and made available to any officer of Council upon request. Notes: 1) North Sydney Council’s adopted fee for certification of compliance with this

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

2) Any use of Council property will require appropriate approvals and demonstration of liability insurances prior to such work commencing.

3) Failure to provide complete and detailed information may result in delays. It is recommended that your Construction Management Plan be lodged with Council as early as possible, as a minimum six (6) weeks notice is required to refer items to the Traffic Committee.

4) Dependent on the circumstances of the site, Council may request additional information to that detailed above.

(Reason: To ensure appropriate measures have been considered for site access, storage and the operation of the site during all phases of the demolition process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)



September 2013 v1

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Amalgamation of Lots (CC1) C1. Prior to the issue of ANY Construction Certificate, the applicant shall submit

documentary evidence to the Principal Certifying Authority demonstrating the amalgamation of the existing allotments, Lots 7 and 8 in DP2989.

(Reason: To facilitate the orderly development of the land)

Dilapidation Report Damage to Public Infrastructure (CC1)

C2. A dilapidation survey and report (including photographic record) must be prepared by

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

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

commencement of construction)

Dilapidation Report Private Property (Excavation) (CC2) C3. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the ‘zone of influence’ of the required excavations/works must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.



September 2013 v1

The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the dilapidation survey is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

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

the developer or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

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

construction) Dilapidation Survey Private Property (Neighbouring Buildings) (CC1) C4. A photographic survey and dilapidation report of adjoining properties No’s. 1-11

Rangers Road, Neutral Bay detailing the physical condition of those properties, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.



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Note: This documentation is for record keeping purposes only, and may be used by an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: Proper management of records) Structural Adequacy of Adjoining Properties – Excavation Works (CC1) C5. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of the adjoining property, which certifies their ability to withstand the proposed excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

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

in close proximity during excavation works)

Shoring for Adjoining Property (CC1) C6. Where any shoring for excavation is to be located on or is supporting Council’s

property, or any adjoining private property, engineering drawings certified as being adequate for their intended purpose by an appropriately qualified and practising structural engineer, showing all details, including the extent of excavation, encroachment and the method of removal and de-stressing of shoring elements, backfilling and compacting of over-excavated cavities on Council’s and/or private property with fill suitable for its purpose, must be first submitted to the Council with a “Temporary Tieback Anchors and Associated Works Application”. The temporary tieback anchors shall be at a minimum depth of 1.5 m below the surface levels of the footpath and roadway.

A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained. The approved “Temporary Tieback Anchors and Associated Works Application” must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. A copy of this documentation must be provided to the Council for record purposes.

Backfilling and compacting of over-excavated cavities must be addressed as the build up is progressing through the basements to ensure that compaction is reliable.

Note: Approval of engineering drawings for shoring works to be located on adjoining properties by the Certifying Authority does not authorize a trespass on private or public land. All relevant permissions/ legal rights must be obtained to undertake any works on adjoining land.

(Reason: To ensure the protection of existing public infrastructure and adjoining property)



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Geotechnical Report (CC1) C7. Prior to issue of any Construction Certificate a Geotechnical/Civil Engineering report

must be prepared which addresses at a minimum (but is not limited to) the following:

a) The type and extent of substrata formations by the provision of a minimum of four (4) representative bore hole logs which are to provide a full description of all material from ground surface to 1.0 m below the finished basement floor level and include the location and description of any anomalies encountered in the profile. The surface and depth of the bore hole logs shall be related to Australian Height Datum;

b) The appropriate means of excavation/shoring in light of point (a) above and

proximity to adjacent property and structures. Potential vibration caused by method of excavation and potential settlements affecting nearby footings/foundations shall be discussed and ameliorated;

c) The proposed method to temporarily and permanently support the excavation

for the basement adjacent to adjoining property, structures and road reserve if nearby (full support to be provided within the subject site);

d) The existing groundwater levels in relation to the basement structure, where

influenced; e) The drawdown effects on adjacent properties (including road reserve), if any,

the basement excavation will have on groundwater together with the appropriate construction methods to be utilized in controlling groundwater. Where it is considered there is the potential for the development to create a “dam” for natural groundwater flows, a groundwater drainage system must be designed to transfer groundwater through or under the proposed development without a change in the range of the natural groundwater level fluctuations. Where an impediment to the natural flow path is constructed, artificial drains such as perimeter drains and through drainage may be utilized; and

f) Recommendations to allow the satisfactory implementation of the works. An

implementation program is to be prepared along with a suitable monitoring program (as required) including control levels for vibration, shoring support, ground level and groundwater level movements during construction. The implementation program is to nominate suitable hold points at the various stages of the works for verification of the design intent before sign-off and before proceeding with subsequent stages.



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The geotechnical report must be prepared by a consulting geotechnical/ hydrogeological engineer with previous experience in such investigations and reporting. It is the responsibility of the engaged geotechnical specialist to undertake the appropriate investigations, reporting and specialist recommendations to ensure a reasonable level of protection to adjacent property and structures both during and after construction. The report shall contain site-specific geotechnical recommendations and shall specify the necessary hold/inspection points by relevant professionals as appropriate. The design principles for the geotechnical report are as follows: a) No ground settlement or movement is to be induced which is sufficient enough

to cause an adverse impact to adjoining property and/or infrastructure; b) No changes to the ground water level are to occur as a result of the

development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;

c) No changes to the ground water level are to occur during the construction of

the development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;

d) Vibration is to be minimized or eliminated to ensure no adverse impact on the

surrounding property and infrastructure occurs, as a result of the construction of the development;

e) Appropriate support and retention systems are to be recommended and suitable designs prepared to allow the proposed development to comply with these Design Principles; and

f) An adverse impact can be assumed to be crack damage as identified within the

relevant Australian Standard for determining such damage. The report, satisfying the requirements of this condition, must be provided as part of the supporting documentation lodged with the Certifying Authority for approval of the Construction Certificate application. The professional recommendations of the report shall be implemented in full during the relevant stages of excavation and construction.

(Reason: To ensure the structural integrity of the subject site and adjoining sites

during the excavation process) Geotechnical Certificate (CC1) C8. A certificate prepared by an appropriately qualified Geotechnical Engineer certifying

that the existing rock formations and substrate on the site is capable of: a) Withstanding the extent of the proposed excavation, including any

recommendations for shoring works that may be required to ensure the stability of the excavation;

b) Providing protection and support of adjoining property; and



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c) The provision of appropriate subsoil drainage during and upon completion of construction works.

The Certifying Authority must ensure that the building plans and specifications

submitted by the Applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the structural integrity of the subject site and adjoining sites

during the excavation process) Sediment Control (CC1) 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)



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Waste Management Plan (CC1) 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;

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)

Skylights (CC3) C11. Skylight flashings and frames to be coloured to match the roof material. Skylight(s) to

sit no higher than 100mm above roof plane when in a closed position. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3). The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition.

(Reason: To minimise the visual impact of the skylight(s) on the roof plane)

External Finishes and Materials (CC3) C12. The external colours and finishes must be in accordance with the approved schedule

of finishes and materials. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the relevant Construction Certificate (CC3), fully satisfy the requirements of this condition.

(Reason: To ensure quality built form of development)

Reflectivity Index of Glazing (CC3) C13. The reflectivity index (expressed as a percentum of the reflected light falling upon any

surface) of external glazing for windows, walls or roof finishes of the proposed development is to be no greater than 20%. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3). 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.



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Note: The reflectivity index of glazing elements can be obtained from glazing manufacturers. Glass with mirrored or reflective foil finishes is unlikely to achieve compliance with this requirement.

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

does not occur as a result of the development) Roofing Materials – Reflectivity (CC3) C14. 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 the relevant Construction Certificate (CC3). 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) No External Service Ducts (CC3) C15. Service ducts must be provided within the building to keep external walls free of

plumbing, drainage or any other utility installations. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3). 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 quality built form of the development)

Work Zone (CC1) C16. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be issued by the Council prior to the issue of any Construction Certificate. Work Zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Works Zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the Works Zone is approved by the Committee, the Applicant must obtain a written copy of the related resolution from the North Sydney Local Traffic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.



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Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the Committee, including installation of the necessary ‘Work Zone’ signage and payment of any fees, must occur prior to commencement of any works on the site. Further, at the expiration of the Work Zone approval, the developer is required to remove the Work Zone signs and reinstate any previous signs, all at the developer's cost. The requirements imposed by the Committee on the Work Zone permit (or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Maintain Property Boundary Alignment Levels (CC2) C17. Except where otherwise approved by Council, the property boundary alignment levels

must match the levels which existed prior to the commencement of works. Plans and specifications which document existing and proposed levels adjacent to the site boundaries and which comply with the requirements of this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). 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 interface between property and public land remains uniform)

Staff Shower & Change Facilities (Commercial and Mixed Use) (CC2) C18. Shower and change facilities shall be provided and made accessible without charge to

staff who work in the building. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). 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 promote and provide facilities for alternative forms of transport)

Accessible parking spaces to be provided (CC2) C19. A total of five (5) accessible parking spaces shall be provided as part of the total car-

parking requirements. Consideration must be given to the means of access from the car-parking spaces to adjacent buildings, to other areas within the building and to footpath and roads. All details shall be prepared in consideration of, and construction completed in accordance with applicable Australian Standards to achieve compliance with the Disability Discrimination Act. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2).

(Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation)



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Basement Car park to comply with relevant standards (CC2) C20. The basement layout must comply with all requirements of Australian Standard

AS2890.1. Certification from a suitably qualified and practicing Civil Engineer that the basement design will comply with the requirements of the Australian Standard must be provided to the Certifying Authority for approval prior to issue of the relevant Construction Certificate (CC2).

(Reason: To ensure the basement layout complies with relevant standards)

Required Infrastructure Works –Roads Act 1993 (CC2) C21. Prior to issue of the relevant Construction Certificate (CC2) the applicant must have

engineering design plans and specifications prepared by a qualified civil design engineer. The responsibility for accuracy of the design fully rests with the designing engineer. All responsibility on implementation and supervision of works specified on design plans are solely on designing engineer or its representative and builder/developer. The plans and specifications must be to a detail suitable for construction issue purposes and must provide detail and specification for the following infrastructure works to be completed as part of the development:

Road Works

a) All elements of the works within the road reserve must be constructed in accordance with Council’s current documents: • Infrastructure Specification, • Public Domain Style Manual and Design Codes • Vehicular Access Application Guidelines and Specification

b) Construction of a new footpath is required across the entire site frontage on Yeo Street and Rangers Road. A longitudinal section is required along the footpath property boundary at a scale of 1:50 extending 5.0 m past the property boundary line. The footpath shall be designed so that it is uniform without showing signs of dipping or rising particularly at entrances.

c) Reconstruction of the carriageway shoulder extending out 600 mm wide strip, from the gutter lip in AC10, 50 mm thick, adjacent to all new gutter works, layback and kerb is required.

d) Construction of a new kerb and gutter (including every pedestrian kerb ramp) is required across the entire site frontage on Yeo Street and Rangers Road and must be constructed in accordance with Public Domain Style Manual and Design Codes. A longitudinal section is required along the gutter line (existing and proposed levels), at a scale of 1:50 extending 5.0 m past the property side boundary line.

e) The footpath pavement must be constructed across the full width as specified

in the Public Domain Style Manual and Design Codes, and placed adjacent to the front boundary of the property.



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f) The vehicular crossing on Yeo Street (access to underground parking) must be constructed in accordance with Public Domain Style Manual and Design Codes.

g) The redundant driveway crossing on Yeo Street is to be reinstated as upright

kerb, gutter and footpath. h) A new parking sign must be installed in front of redundant vehicular crossing

to determine two new parking spots on Yeo Street. The existing parking sign located on the right hand side of redundant crossing (facing the property from the street) must be removed.

i) Cross sections at a scale of 1:50 along the centre-line of each access point to

the building must be provided and are to show the calculated clearance to the underside of any overhead structure. All the entry points are to comply with the Building Code of Australia (BCA), particularly disability requirements. The Council approved footpath levels must be accommodated at the building entry points.

Drainage Works

Connection of the site stormwater drainage system must be made directly to a newly constructed grated gully pit (with lintel), to front the site on Yeo Street. To accommodate this requirement, the following drainage infrastructure works must be carried out on Council property at the Applicants expense:-

a) Construction of a standard grated gully pit with extended kerb inlet (2.4 m

lintel) in the kerb fronting the subject site in Yeo Street. The pit must be constructed in accordance with Councils “Infrastructure Specification for Roadwork, Drainage and Miscellaneous Works”.

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

standard depth is required. The line must connect the new gully pit to the existing Council pit located downstream of the site across the road in front of 65 Yeo Street. The pipes within the road reserve are to be reinforced concrete class 4 and have bedding in accordance with Australian Standard AS 3725 – (Loads on buried concrete pipes). The minimum diameter of the pipe is to be determined by calculation prepared by a qualified hydraulic design engineer, but no less then 375 mm. The calculation and plans must be provided with application “To Satisfy DA Consent Condition” to Council PRIOR TO THE ISSUE OF ANY Construction Certificate

. The developer is to be responsible for carrying out any service investigations to allow a gravity connection.

Ausgrid's electricity cables are located within roadways and the public road reserve area. The applicant should contact Ausgrid of any proposed electrical works within the above mentioned areas. Any advice or concern can be emailed to [email protected] and a Planner will be assigned to assist applicant.


mailto:[email protected]�


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Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). Certifying Authorities must not issue a Construction Certificate without the formal written approval of Council (as Roads Authority) under the Roads Act 1993. The required plans and specifications are to be designed in accordance with North Sydney Council’s current documents Infrastructure Specification for Road Works, Drainage and Miscellaneous Works and Performance Guide for Engineering Design and Construction. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Detailed survey must be undertaken as required.

Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB 81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Council Roads Act 1993 approval.

Note: A minimum of 21 days will be required for Council to assess Roads Act submissions. Early submission is recommended to avoid any delays in obtaining a Construction Certificate. A fee to cover cost of assessment (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

(Reason: To ensure infrastructure works are designed and constructed to appropriate standards and requirements of the Roads Act 1993)

Driveway Crossing and associated works permit (CC2)

C22. Prior to the issue of the relevant Construction Certificate (CC2), North Sydney Council must issue the applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘Vehicular Access Application’ form with payment of the adopted assessment/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The responsibility for accuracy of the design fully rests with the designing engineer and implementation of works specified on the design plans is the builder/developer obligation. The civil design drawings must detail the following infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways must comply with AS 2890.1 and Council’s

current Vehicular Access Application Guidelines and Specification (gutter bridges not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor.



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b) The redundant layback crossing on Yeo Street must be reinstated as upright kerb gutter and concrete footpath.

c) The length of vehicular layback shall be 6.0 m (including the wings). d) The vehicular layback must be set square to the kerb. e) The crossing (between the layback and the property boundary) shall be placed

perpendicularly to the front boundary and on a single straight grade of approximately 4.5%, falling to the back of the layback.

f) The road reserve must be constructed in accordance with Council’s current documents:

• Infrastructure Specification • Public Domain Style Manual and Design Codes • Vehicular Access Application Guidelines and Specification.

g) The minimum of 1.0 m clearance between the left wing of proposed driveway crossing and the existing power pole on the left hand side (facing the property from street) must be implemented.

h) Tree root barrier to be added along the back of all new kerb where existing trees are to be retained.

i) Alignment levels at the boundary have an important impact on the proposed levels for new driveway. No work on internal parking area should start until first obtaining boundary alignment levels from Council

j) The Certifying Authority must ensure that the internal property levels at boundary matches councils boundary levels.

(after inspection of formwork for new driveway). Council has the authority to remove any unauthorized works at the cost of the developer.

k) The boundary footpath levels and gutter invert levels must match the existing levels and shall not be altered unless agreed to by Council.

l) The kerb, gutter and 600 mm road shoulder wide- strip (rectangular)

m) The footpath and grass verge on Yeo Street and Rangers Road must be reconstructed and is to be transitioned for at least one footpath panel from side boundaries to ensure uniformity on the footpath.

, adjacent to all new layback on Yeo Street and Rangers Road must be reconstructed, to ensure uniformity in the road reserve.

n) Any twisting of driveway access to ensure vehicles do not scrape must occur entirely within the subject property.

o) All inspection openings, utility services must be adjusted to match the proposed driveway levels and location.

p) The design detail has to be provided with vehicular access application and must include sections along centre-line and extremities of the crossing at a scale of 1:25. Sections are to be taken from the centre of the roadway through to the parking area itself and shall include all changes of grade and levels, both existing and proposed.

q) A longitudinal section along the footpath property boundary at a scale of 1:50 is required, including FFL levels along the centre-line of each access point to the building must be provided.

r) The sections shall show the calculated clearance to the underside of any overhead structure.

s) All details of internal ramps between parking levels.



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All driveway and infrastructure works on the road reserve must proceed in accordance with the terms of the permit issued by Council. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit (‘Vehicular Access Application’) issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued.

(Reason: To facilitate appropriate vehicular access to private sites, without

disruption to pedestrian and vehicular traffic) Stormwater Disposal – Drainage Plan (CC2) C23. Prior to issue of the relevant Construction Certificate (CC2), the applicant shall have a

site drainage management plan prepared by a qualified hydraulic design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage requirements, Councils Engineering Performance

guide and current Australian Standards and guidelines, such as AS/NZ 3500.3.2003, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved development must be conveyed in a controlled manner by gravity via a direct connection to Council’s stormwater gully pit in Yeo Street. When a direct connection to the pit option is implemented then the pipeline within the footpath area must have a minimum cover of 300 mm.

c) Conveyed by gravity, via a direct connection to a reconstructed stormwater gully pit in Yeo Street, which is to be 2.4 m kerb inlet (lintel) constructed in front of the approved development. The new – minimum 375 mm reinforced concrete pipeline in Yeo Street is to be constructed between the reconstructed pit with 2.4 m lintel and an existing pit across the road in front of 65 Yeo Street. Within the road reserve, pipe must have a minimum cover of 450 mm.

d) The applicant must engage a specialist Hydraulics Engineer to carry out an evaluation of Council’s stormwater drainage system and the effect of the proposed development on this system. The results of this evaluation must be submitted with all other drainage details to Council prior to issue of the relevant Construction Certificate (CC2) by the Certifying Authority

e) All civil and drainage works within the road reserve must be designed and built in accordance with Council’s current “Infrastructure Specification”.

.

f) Prior to issue of the Construction Certificate the applicant must have engineering plans and specifications, prepared by a qualified civil drainage design engineer. Council must approve the plans and specifications, in writing, prior to issue of any Construction Certificate by the Certifying Authority. The documentation must provide engineering construction detail for the following public infrastructure works that must be completed as part of the approved development. Council reserve the right of keeping all bonds on infrastructure works for 12 month defects liability period.



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g) Video inspection must be carried out of completed drainage works that are to revert to council and a video tape forwarded to council’s development engineer to support the certification. Bonds held by Council will be returned after receipt of satisfactory information.

h) The stormwater drainage system shall be designed for an average recurrence interval (A.R.I.) of 1 in 20 years.

i) All redundant stormwater pipelines within the footpath area must be removed and the footpath and kerb reinstated.

j) Pipelines within the area of any driveway crossing must be hot dipped galvanised steel (rectangular)

k) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.

hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.

l) Surface inlet pits must be located to catch surface flows, and must be provided at all pipe junctions, changes in pipe direction exceeding 45 degrees and at the site boundary (within the property) prior to connection to the public drainage system and must be of sufficient size to accept the flow.

m) All sub-soil seepage drainage shall be discharged via a suitable silt arrestor pit. Sign must be installed adjacent to pit stating “This sediment /silt arrestor pit shall be regularly inspected and cleaned

n) The wastewater from car wash bays require pre-treatment, such as silt traps and oil separation system, prior to being discharged into wastewater systems (e.g. sewer or septics).

”. Details of all plans certified as being adequate for their intended purpose and complaint with the provisions of AS 3500.3.2 by an appropriately qualified and practising civil engineer shall be submitted with the application for a Construction Certificate.

o) The design and installation of the Rainwater Tank must comply with BASIX and Sydney Water requirements. Overflow from tank shall be conveyed in a controlled manner by gravity to the stormwater disposal system.

p) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.

q) The use of the On Site Detention for storm water disposal must be design in accordance with the following criteria: • The OSD system must consist of two pumps, connected in parallel, with each

pump being capable of emptying the holding tank at a rate equal to the rate of inflow which would occur during a 1 in 5 year storm of the one-hour duration.

• The OSD system shall be regularly maintained and serviced. • The creation of a Positive Covenant (under the provision of the Conveyance

Act) on the property title to ensure the maintenance of OSD on the property being developed. Prior to occupation certificate

r) Provide subsoil drainage to all necessary areas with pump out facilities as required.

details are to be submitted to Council for approval before registration with the Land Titles Office.



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s) All storm water drainage generated from the approved development must be conveyed in a controlled manner to GPT, prior to connection to the public drainage system and must be of sufficient size to accept the flow.

t) Silt and gross pollutant traps must be fitted in the new storm water pits and operated to the satisfaction of Accredited Certifier, and must be regularly maintained and serviced.

u) The calculation to support the sizing of the system must be provided with all other plans to Council for approval prior to issue of the Construction Certificate.

v) The use of the pump-out system for stormwater disposal will be permitted for drainage of basement areas only and will require creation of a Positive Covenant.

Details demonstrating compliance are to be submitted with all other drainage details to Council for approval, prior to issue of the relevant Construction Certificate. The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance) On-Site Stormwater Detention (CC1) C24. On site detention must be provided to ensure that the maximum discharge of

stormwater collected from the pre-developed site, which would occur during a 1 in 5 year storm of 1-hour duration for the existing site conditions, is not exceeded. All other stormwater run-off from the site for all storms up to a 1 in 100 year storm event is to be retained on the site for gradual release to drainage system. Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

The OSD system shall be regularly maintained and serviced. A Positive Covenant (under the provision of the Conveyance Act) shall be created on the property title to ensure the maintenance of OSD on the property being developed. Prior to the issue of any occupation certificate

details are to be submitted to Council for approval before registration with the Land Titles Office.

Engineering calculations, design and certification complying with this condition must be provided by an appropriately qualified and practicing Civil Engineer and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure appropriate provision is made for the disposal and

management of stormwater generated by the development, and to ensure that public infrastructure in Council’s care and control is not overloaded)



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Pump-Out System Design for Stormwater Disposal (CC1) C25. The design of the pump-out system for stormwater disposal will be permitted for

drainage of basement areas only, and must be designed in accordance with the following criteria:

a) The pump system shall consist of two pumps, connected in parallel, with each

pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank must be capable of holding one hour’s runoff from a one-hour duration storm for the event of 1 in 20 year;

b) The pump system shall be regularly maintained and serviced, every six (6)

months; c) The creation of a Positive Covenant (under the provision of the Convincing Act)

on the property title to ensure the maintenance of the Pump System on the property being developed. Prior to Occupation Certificate, details are to be submitted to Council for approval before registration with the Land Titles Office.

Engineering details demonstrating compliance with these criteria, and certified by an appropriately qualified and practicing civil engineer shall be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure adequate provision is made for the discharge of sub-surface

stormwater from the excavated parts of the site) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement (CC1) C26. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $328,000.00 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 in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).


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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 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) Footpath, Entries and Fire Exit Details (Mixed Use/Commercial/Apartments) (CC2) C27. Footpaths, entries and exits and fire exits for the development must be designed by an

appropriately qualified and practising Civil Engineer and submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). The design must include (but is not limited to) the following: -

a) cross section along the centre-line of each access point to the building including fire exits at a scale of 1:50 to be taken from the centre of the road and shall include all changes of grade both existing and proposed;

b) the sections must show all relevant levels and grades (both existing and

proposed) including those levels stipulated as boundary levels; c) the sections must show the calculated clearance to the underside of any

overhead structure; d) a longitudinal section along the boundary line showing how it is intended to

match the internal levels of the building with the boundary footpath levels. The footpath must be designed (at a single straight grade of 3% falling to top of kerb) so that it is smooth without showing signs of dipping or rising particularly at entrances; and

e) a longitudinal section along the gutter and kerb line extending 5 metres past

property lines showing transitions.



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f) awning edge, parallel to the kerb line must not exceed edges of existing awnings in the same city block or if no other neighbouring awnings to compare, the edges of proposed awning must be offset at least 600 mm from the kerb line.

g) awnings must have a shape to accommodate existing and proposed trees on Yeo Street and Rangers Road.

Details, plans and specifications complying with this condition are to be certified as complying with the Building Code of Australia (BCA) and Council’s standard footpath specifications, and the certification, details, plans and specifications must be provided to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). Written concurrence confirming there will be no change to existing boundary and footpath levels is to be provided to the Certifier and North Sydney Council, prior to issue of any Construction Certificate.

(Reason: To facilitate suitable pedestrian and disabled access to private sites, and to ensure that internal levels reflect footpath boundary levels)

Tree Bond for Public Trees (CC1) C28. Prior to the issue of any construction certificate, security in the sum of $20,000.00

must be provided to Council for the protection of trees in public places, including the making good of any damage caused to such trees. The security is to be provided in accordance with the Schedule below. The security must be provided by way of:

a deposit with the Council; or

a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.

If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.

In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.

SCHEDULE

3 x Brush Box Trees on Yeo St outside the subject site 1 x Chinese Tallowood on Yeo St outside the subject site

(Reason: Protection of existing environment public infrastructure, community

assets and significant trees)



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Protection of Trees (CC1) C29. The following tree(s) are required to be protected and retained as part of the

development consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Tree Location Height (m) 3 x Brush Box Trees Yeo St 8, 8, 12 1 x Chinese Tallwood Yeo St 5

Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets) Removal of Trees (CC1) C30. The following trees shall be removed from Council’s footpath:

Tree Location Height (m) 3 x London Plane Trees

Growing in the footpath outside the property along Rangers Road

9 – 12

The trees shall be replaced in accordance with the requirements of Condition G32 – Required Tree Planting.

(Reason: To remove street trees that are of a low retention value)

Pruning of Trees (CC1) C31. All pruning works shall to the following tree(s) shall be undertaken under the

guidance of an appropriately qualified arborist/tree surgeon in accordance with Australian Standard AS 4373-2007 - Pruning of Amenity Trees:

Tree Location Height (m) 3 x Brush Box Trees Yeo St 8, 8, 12 1 x Chinese Tallwood Yeo St 5



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A report detailing the measures to be employed during construction shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. All measures required by the said report must be complied with at all times in the carrying out of the development.

(Reason: To ensure the protection and longevity of existing significant trees)

Landscape Plan – Planter Boxes and Garden Walls (CC1) C32. Details regarding the planting, drainage, soils and irrigation in the planter boxes and

garden walls are to be prepared by a suitably qualified and experienced Landscape Architect and submitted to Council to the satisfaction of the Landscape Development Officer prior to the issue of any Construction Certificate.

(Reason: To ensure that the landscape proposal is vigorous and sustainable)

Landscape Plan – Atrium Tree Sizes (CC3) C33. Trees to be planted on the subject site shall have a minimum pot size of 45 litres and

height above soil level of 2500 mm at installation.

Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3). 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 planting is of an advanced size)

Garbage and Recycling Facilities (CC3) C34. An appropriate area must be provided within the premises for the storage of garbage

bins and recycling containers and all waste and recyclable material generated by this premises. The following requirements must be met:

a) all internal walls of the storage area must be rendered to a smooth surface,

coved at the floor/wall intersection, graded and appropriately drained with a tap in close proximity to facilitate cleaning;

b) provision for the separation and storage in appropriate categories of material

suitable for recycling;

c) the storage area must be adequately screened from the street, with the entrance to the enclosures no more than 2m from the street boundary of the property;



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d) if a storage facility is to be provided at another suitable location within the building, a complementary garbage bin holding bay must be provided no more than 2m from the street boundary of the property;

e) garbage enclosures serving residential units are not to be located within areas

designated for non-residential uses; and

f) garbage enclosures serving non-residential uses are not to be located within areas designated for dining purposes.

Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3). The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. Note: The applicant may wish to discuss bin storage requirements and location with

Council’s Environmental Services prior to finalisation of the required detail, and a copy of Council’s Waste Handling Guide should be obtained for reference purposes before the design is finalised.

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

protect community health, and to ensure efficient collection of waste by collection contractors)

Asbestos Material Survey (CC1) C35. 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.



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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)

Location of Plant (CC3) C36. All plant and equipment (including but not limited to air conditioning equipment) is to

be located within the basement of the building and is not to be located on balconies or the roof. Plans and specifications complying with this condition must be submitted to the Certifying Authority for Approval prior to the issue of the relevant Construction Certificate (CC3). The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: Minimise impact on surrounding properties, improved visual

appearance and amenity for locality) Noise from Plant and Equipment C37. 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)



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Air Conditioners in Residential Premises C38. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or

(ii) before 7.00am or after 10.00pm on any other day

(b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence.

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 residential amenity)

Acoustic Privacy (Residential Apartments) (CC3) C39. Noise levels in sole occupancy units of residential apartments must not exceed the

following:

Location Maximum Habitable Rooms other than Sleeping Areas 40 LAeq (1hr) Sleeping Areas 35 LAeq (1hr)

The “Maximum” limits are to apply in any hour of a 24 hour period with the windows of the sole occupancy unit closed.

“habitable room” has the same meaning as in the Building Code of Australia

A floor separating sole occupancy units shall have a weighted standardised impact sound pressure level L’nT,w not more than 45dB when measured in-situ in accordance with AS ISO 140.7-2006 “Field measurements of impact sound insulation of floors" and rated to AS ISO 717.2-2004 “Rating of sound insulation in buildings and of building elements. Part 2: Impact sound insulation”. This clause shall not apply to the floor of a kitchen, bathroom, toilet or laundry in a residential sole occupancy unit.



September 2013 v1

Mechanical equipment such as lift plant, air conditioning plant servicing the building and pumps shall not be located immediately adjacent bedrooms.

A statement from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, certifying that the acoustic mitigation measures outlined above have been satisfied, must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3).

(Reason: To comply with best practice standards for residential acoustic amenity)

Compliance with Acoustic Report (CC1) C40. The recommendations contained in the acoustic report prepared by Renzo Tonin &

Associates dated 15 April 2015, must be implemented during construction and use of the development.

A statement from an appropriately qualified acoustical consultant eligible for

membership of the Association of Australian Acoustic Consultants, certifying that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development and that relevant noise criteria have been satisfied, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.

The Principal 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 maintain an appropriate level of amenity for adjoining land uses)

Noise and Vibration Compliance Certification Prior to Issue of Construction Certificate (CC1) C41. A certificate from an appropriately qualified acoustical consultant eligible for

membership of the Association of Australian Acoustic Consultants, certifying that suitable measures have been incorporated into the development and that the noise criteria contained in the conditions herein have been satisfied, must be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

The Principal 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 maintain an appropriate level of amenity for adjoining land uses)



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Construction Noise Management Plan (CC1) C42. A Construction Noise Management Plan must be prepared by an appropriately

qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, and must include the following:

(a) Identification of noise affected receivers near to the site.

(b) A prediction as to the level of noise impact at noise affected receivers from the use and proposed number of high noise intrusive appliances intended to be operated onsite.

(c) Details of work schedules for all construction phases;

(d) A statement should also be submitted outlining whether or not predicted noise levels will comply with the noise criteria stated within the Environment Protection Authority’s Interim Construction Noise Guideline (“ICNG”).

(e) Representative background noise levels should be submitted in accordance with the ICNG.

(f) Confirmation of the level of community consultation that is to be undertaken by occupants at noise affected receivers likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.

(g) Confirmation of noise monitoring methodology that is to be undertaken during the noise intensive stages of work including details of monitoring to be undertaken at the boundary of any noise affected receiver.

(h) What course of action will be undertaken following receipt of a complaint concerning offensive noise.

(i) Details of any noise mitigation measures that have been outlined by an acoustic consultant or otherwise that will be deployed on site to reduce noise impacts on the occupants at noise affected receivers.

(j) Details of selection criteria for any plant or equipment that is to be used on site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on occupants at noise affected receivers and other less intrusive technologies available; and

(k) Details of site induction to be carried out for all employees and contractors undertaking work at the site.

“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.



September 2013 v1

“boundary” includes any window or elevated window of an affected residence.

The Construction Noise Management Plan and must be submitted to the Principle Certifying Authority and a copy provided to Council prior to the issue of the Construction Certificate.

(Reason: To ensure noise generating activities are appropriately managed and

nearby sensitive receivers protected) Provision of Accessible Paths of Travel (CC2) C43. The building must be designed and constructed to provide access and facilities in

accordance with the Building Code of Australia and Disability (Access to Premises – Buildings) Standards 2010. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). 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.

Notes: 1. If, in complying with this condition, amendments to the development are

required, the design changes must be submitted for the approval of Council prior to a Construction Certificate being issued. Approval of a modification application may be required.

2. It is not within Council’s power to set aside National legislation which requires the upgrade of buildings to meet modern access standards. Such decisions remain the jurisdiction of the Building Professionals Board Access Advisory Committee who may grant an exemption in certain exceptional circumstances.

3. Information on making an application for an “unjustifiable hardship exemption” under the accessibility standards can be found in the website of the NSW Building Professional Boards at http://www.bpb.nsw.gov.au/page/premises-standards

(Reason: To ensure the provision of equitable and dignified access for all people

in accordance with disability discrimination legislation and relevant Australian Standards)

Underground Electricity and Other Services (CC2) C44. All overhead electricity and other lines (existing and proposed) must be

undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point, in accordance with the requirements of Energy Australia. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC2). The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition.

(Reason: To provide infrastructure that facilitates the future improvement of the

streetscape by relocation of overhead lines below ground)


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Adaptable Housing (CC3)

C45. Proposed apartments 103,105,401 & 402 are to be designed with accessible features for disabled persons, and must incorporate level entries and wider doorways and corridors, slip resistant surfaces, reachable power points, disabled toilet, and lever door handles and taps. These features are to be designed generally in accordance with the relevant Australian Standard 4299 - 1995. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3). The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure equity of access and availability of accommodation in the future for an ageing population)

Section 94 Contributions (CC1)

C46. A monetary contribution pursuant to the provisions of Section 94 of the Environmental Planning and Assessment Act 1979, in accordance with the North Sydney Council Section 94 Contribution Plan for the public amenities/ services detailed in column A below and, for the amount detailed in column B below, must be paid to Council.

A B ($) Community Centres $6,122.10 Library and Local Studies Acquisitions

$969.71

Library Premises & Equipment

$3,108.08

Multi Purpose Indoor Sports Facilities

$202.41

Olympic Pool $655.50 Open Space Acquisition $93,340.04 Open Space Increased Capacity

$185,016.49

Traffic improvements $9,689.56

The total contribution is $299,103.89

The contribution MUST BE paid prior to the issue of any Construction Certificate.

The above amount, will be adjusted for inflation by reference to the Consumer Price (All Ordinaries) Index applicable at the time of the payment of the contribution.

A copy of the North Sydney Section 94 Contribution Plan can be viewed at North Sydney Council’s Customer Service Centre, 200 Miller Street, North Sydney or downloaded via Council’s website at www.northsydney.nsw.gov.au

(Reason: To retain a level of service for the existing population and to provide the same level of service to the population resulting from new development)



September 2013 v1

Security Deposit/ Guarantee Schedule (CC1) C47. 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 ($) Street Tree Bond (on Council Property) $20,000.00 Footpath Damage Bond $188,000.00 Drainage Construction Bond $30,000.00 Engineering Construction Bond $90,000.00 TOTAL BONDS $328,000.00

Fees Amount ($) Section 94 contribution $299,103.89 TOTAL FEES $299,103.89

(Reason: Compliance with the development consent)

BASIX Certificate (CC3) C48. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX Certificate No. (619300M) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of the relevant Construction Certificate (CC3). The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements) D. Prior to the Commencement of any Works (and continuing where indicated) Protection of Trees D1. All trees that are specifically nominated to be retained by notation on plans or by

condition as a requirement of this consent must be maintained and protected during demolition, excavation and construction on the site in accordance with AS4970-2009 (Protection of trees on development sites). A report containing recommendations, and methods of tree protection prepared by an appropriately qualified person must be provided to the Certifying Authority for approval by an appropriately qualified person prior to commencement of any works on the site. Any recommendations must be undertaken for the duration of works on the site.

(Reason: To ensure compliance with the requirement to retain significant

planting on the site)



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Public Liability Insurance – Works on Public Land D2. 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)

Notification of New Addresses D3. Prior to the commencement of any building works, an application must be made and

written confirmation received from North Sydney Council of the allocated street address (house number) and/ or unit numbers of the completed project. To assist Council, a plan for unit numbering should be submitted for concurrence. These details will be recorded in Council records and must be displayed at the property in accordance with the provisions of the applicable Australian Standard relating to rural and urban addressing. A copy of the allocation confirmation must be submitted to the Certifying Authority with the application for a Construction Certificate.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Sydney Water Approvals D4. Prior to the commencement of any works, the approved plans must be submitted to a

Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works. Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)



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Commencement of Works Notice

D5. 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)

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)



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Service adjustments E4. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Temporary Disposal of Stormwater Runoff E5. 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 Principal Certifying Authority.

(Reason: Stormwater control during construction)

Structures Clear of Drainage Easements E6. It is the full responsibility of the Developer and their contractors to: -

a) Ascertain the exact location of the Council drainage infrastructure traversing the site in the vicinity of the works;

b) Take full measures to protect the in-ground Council drainage system; and c) Ensure dedicated overland flow paths are satisfactorily maintained through the

site.

Drainage pipes can be damaged through applying excessive loading (such as construction plant, material storage and the like). All proposed structures and construction activities are to be located clear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland flow paths must not be impeded or diverted by fill or structures unless otherwise approved.

In the event of a Council drainage pipeline being uncovered during construction, all work is to cease and the Certifying Authority and Council (if it is not the Certifying Authority) must be contacted immediately for advice. Any damage caused to a Council drainage system must be immediately repaired in full as directed, and at no cost to Council.

(Reason: Protection of Public Drainage Assets)



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Geotechnical Stability during Works E7. A contractor with specialist excavation experience must undertake the excavations for

the development and a suitably qualified and consulting geotechnical engineer must oversee the excavation procedure.

Geotechnical aspects of the development work, namely appropriate excavation method and vibration control, support and retention of excavated faces, and hydrogeological considerations must be undertaken in accordance with the recommendations of the Geotechnical Report prepared by a qualified Geotechnical Engineer and all subsequent geotechnical inspections carried out during the excavation and construction phase. Approval must be obtained from all affected property owners, including North Sydney Council where rock anchors (both temporary and permanent) are proposed below adjacent private or public property.

(Reason: Ensure appropriate professional are engaged at appropriate stages

during construction) Council Inspection of Public Infrastructure Works E8. During the works on public infrastructure reverting to Council’s care and control,

Council’s development engineer must undertake inspections of the works at the following hold points: -

a) Formwork of driveway crossing and footpath alignment levels and associated

road works b) Drainage connection/s. All works must proceed in accordance with Roads Act 1993 approvals or other permits relating to roads issued by Council. A minimum of 48 hours notice must be given to Council to book an inspection. Work must not proceed until the works or activity covered by the inspection is approved.

(Reason: To ensure quality of construction joints and connections in the drainage system)

Progress Survey E9. In order to ensure compliance with approved plans, a Survey Certificate, prepared to

Australian Height Datum, must be prepared by a Registered Surveyor showing the following: -

a) at the completion of excavation, prior to the placement of any footings,

showing the completed level of the excavation and its relationship to the boundaries;



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b) prior to placement of concrete at the ground floor level, showing the level of the form work and its relationship to boundaries including relevant footpath and roadway levels;

c) prior to placement of concrete at each fifth floor level showing the principal

level of the formwork and the intended relationship of the completed works to the boundary;

d) prior to roofing, or completion of the highest point of the building showing the

anticipated level of the completed work and it relationship to the boundary; and

e) at completion, works showing the relationship of the building to the boundary

and showing the maximum height of the overall works and the height of the principal roof elements.

Progress certifications in response to points (a) through to (e) must be provided to the Certifying Authority for approval at the time of carrying out relevant progress inspections. In the event that such survey information is not provided or reveals discrepancies between the approved plans and the proposed works, all works, save for works necessary to bring the development into compliance with the approved plans, must cease. Works may only continue upon notification by the Certifying Authority to the Applicant that survey information (included updated survey information following the carrying out of works to comply with the approved plans) complies with this condition. (Reason: To ensure compliance with approved plans)

Dust Emission and Air Quality E10. 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)



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Noise and Vibration E11. 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) Compliance with Construction Noise Management Plan E12. All works conducted on site which form part of this development must be carried out

in accordance with the submitted Construction Noise Management Plan submitted with the Construction Certificate and all conditions of consent.

(Reason: To ensure noise generating activities are appropriately managed and

nearby sensitive receivers protected) No Work on Public Open Space E13. 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.

(Reason: Protection of existing public infrastructure and land and to ensure

public safety and proper management of public land) Removal of Trees on Public Property E14. Approval is granted for the removal of the trees nominated in Condition C32 of this

consent. No other trees on public property (footpaths, roads, reserves, etc.) 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) Developer's Cost of Work on Council Property E15. The developer must bear the cost of all works associated with the development that

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

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



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Special Permits E16. 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.

(Reason: Proper management of public land)

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.




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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 E17. 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.

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)



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Out of Hours Work Permits E18. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.

2) Applications for out of hour’s works should be lodged with Council no later than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include: • the erection of awnings, • footpath, road and other infrastructure works which can not be

carried out for public convenience reasons within normal hours, • the erection and removal of hoardings and site cranes, and • craneage of materials which cannot be done for public convenience

reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up works required to maintain or catch up with a construction

schedule.

5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

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

expectations of residents and the community)


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Installation and Maintenance of Sediment Control E19. 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.


erosion from development sites) Sediment and Erosion Control Signage E20. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.


erosion from development sites) Site Amenities and Facilities E21. 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 E22. 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.



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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 E23. 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 E24. 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 E25. 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 E26. 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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F. Prescribed Conditions imposed under EP&A Act and Regulations and other relevant Legislation

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

Building Code of Australia.

(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:

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

appointed:

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

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

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

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

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)



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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.



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)



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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.



Excavation/Demolition F8. 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)

Support for Neighbouring Buildings F9. 1) If any excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a) Must preserve and protect the building from damage;

b) If necessary, must underpin and support the adjoining building in an approved manner Subject to adjoining owner’s consent); and

c) Must, at least 7 days before excavating below the level of the base of

the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.



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2) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

3) In this clause, allotment of land includes a public road and any other public

place.

(Reason: To ensure adjoining owner’s property rights are protected and protect adjoining properties from potential damage)

Site Sign F10. 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 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)



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Access to Premises G2. Prior to the issue of any Occupation Certificate, a certificate must be prepared an

appropriately qualified and practising Civil Engineer certifying that access and facilities for persons with a disability in accordance with the Building Code of Australia and AS Disability (Access to Premises – buildings) Standards 2010 (Premises Standards) has been provided. This certificate must be submitted to, and approved by, the Certifying Authority prior to issue of the Occupation Certificate.

(Reason: Equitable access and facilities for people with a disability)

Noise Certification G3. 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)

Certification- Civil Works G4. a) An appropriately qualified and practising Civil Engineer must certify to the

Certifying Authority that the stormwater drainage system is constructed in accordance with this consent and the provisions of the applicable Australian Standard. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority) upon completion of the development works and prior to the issue of an Occupation Certificate.

b) An appropriately qualified and practicing Civil Engineer must certify to the

Certifying Authority that the vehicular crossing and associated works and road works were constructed in accordance with this consent and any approval for works in the road reserve issued by the Council. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority), upon completion of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

Works as Executed Drawings – Stormwater and Video G5. A works-as-executed survey drawing (W.A.E.) of the completed stormwater drainage

system must be obtained. The W.A.E. survey drawing must show the alignment, depth and grade of the stormwater drainage pipelines, pits and ancillary plumbing. The W.A.E. survey drawing must be reviewed by a qualified and practising civil engineer and certification provided to the Certifying Authority that the as-built system achieves



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the design intent of the plans approved with the Construction Certificate. Certification must be provided with the W.A.E. survey drawing to the Certifying Authority prior to the issue of an Occupation Certificate.

A video inspection must also be carried out on the completed drainage works that are to revert to Council’s care and control, and the video tape /DVD forwarded to Council to support the certification. A copy of the W.A.E. survey drawing and certification must be submitted to the Council if it is not the Certifying Authority.

(Reason: Compliance with the Consent)

Damage to Adjoining Properties G6. 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 G7. All utility services must 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)

Covenant & Restriction (Stormwater Control Systems) G8. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and

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

a. A restriction as to user and positive covenant as to user as appropriate in favour of North Sydney Council burdening 9-11 Rangers Road, requiring the ongoing retention, maintenance and operation of the stormwater facility (rain water tank, OSD - on-site detention, pump-out system and GPT – gross pollutant trap);

b. North Sydney Council being nominated in the Instrument as the only party authorised to release, vary or modify the Instrument;

c. the wording on the Instrument making reference to the Council file/s which

hold:



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

Upon Council being satisfied as to the terms of the Instrument, North Sydney Council’s official seal will be affixed to these documents, prior to submission to the Land & Property Information Office for registration

The Instrument creating the restriction and/or covenant under ss 88B and 88E required by this condition of consent must be registered on the Title of the development site prior to the issue of an Occupation Certificate or commencement of use of the site, whichever is the earlier. Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate. All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system)

Basement Pump-Out Maintenance G9. Prior to issue of an Occupation Certificate a Maintenance Regime must be prepared

for the basement stormwater pump-out system and submitted to the Principal Certifying Authority for approval with the Occupation Certificate documentation. The regime must specify that the system is to be regularly inspected and checked by qualified practitioners. The basement stormwater pump-out system must be maintained in accordance with the approved Maintenance Regime at all times.

(Reason: To ensure future provision for maintenance of the drainage system)

Notification of New Address Developments G10. Prior to any Occupation Certificate being issued, the person acting upon this consent

must comply with the following: -

(a) Notify Australia Post of the address(es) as issued by Council and the location in plan form of any secondary, internal addresses, in relation to built public roads. Check Australia Post Website (www.auspost.com.au) to find your nearest Australia Post Delivery Facility.


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(Reason: To ensure that Council records are accurate, and that house numbering complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Asbestos Clearance Certificate G11. For building works where asbestos based products have been removed or altered, an

asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work prior to the issue of any Occupation Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the certificate must identify the type, location, use, condition and amount of such material. Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au (Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants) Certification of Tree Condition G12. Prior to the issue of an Occupation Certificate, a report prepared by an appropriately

qualified person (being an arborist or the like) must be submitted to the Certifying Authority, describing the health of the tree(s) specifically nominated below: -

• 3 x Brush Box Trees located on Yeo St • 1 x Chinese Tallowood located on Yeo St

The report must detail the condition and health of the nominated tree(s) upon completion of the works, and shall certify that the tree(s) has/have not been significantly damaged during the works on the site, and has/have reasonable prospects for survival.

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



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Disposal Information G13. 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) Sydney Water G14. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. The final Section 73 Certificate must be submitted to the Certifying Authority prior to release of any linen plan for subdivision or prior to occupation of the development, whichever is the earlier. The Section 73 Certificate must be submitted to the Certifying Authority prior to the issue of the Strata Certificate. [Delete as appropriate]

Notes: Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au\customer\urban\index, or telephone 13 20 92. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. (Reason: To ensure compliance with the statutory requirements of Sydney

Water)

BASIX Completion Certificate G15. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying Authority must apply to the Director-General for a BASIX completion receipt.

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



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House Numbering (Dwellings) G16. Prior to any Occupation Certificate being issued an application must be made to North

Sydney Council for written confirmation, or allocation, of the street address(es) or apartment number(s) for the completed project in accordance with Council's Property Addressing Policy. These are the numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2011.

Note: If apartments are to be sold off the plan, the applicant must have written confirmation from Council of the address and apartment numbering if the apartment number is to be identified on the contract.

(Reason: To ensure that Council records are accurate, and that house numbering complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties.)

Landscaping G17. The landscaping shown in the approved landscape plans numbered MB_09RR_01

Issue B, MB_09RR_02 Issue B, MB_09RR_03 Issue B, MB_09RR_04 Issue B, MB_09RR_05 Issue B, MB_09RR_06 Issue B, MB_09RR_07 Issue B, MB_09RR_08 Issue C, MB_09RR_09 Issue A, prepared by Myles Baldwin Design Pty Ltd dated April 2015 and received by Council on 13 August 2015, unless modified by any other conditions within this consent, must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) Verification Statement (External Finishes and Materials) G18. Prior to the issue of any Occupation Certificate, a verification statement from a

qualified designer or architect (preferably the original designer), must be submitted to Council and the Certifying Authority certifying that the external finishes and materials are in accordance with the approved schedule of finishes and materials identified in this consent. “qualified designer” means a person registered as an architect in accordance with the Architects Act 2003 cf 50(1A) EP & A Regs 2000.

(Reason: To ensure the design quality and finishes for residential flat

development)



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Required Tree Planting G19. On completion of works and prior to the issue of an Occupation Certificate trees in

accordance with the schedule hereunder must be planted in Council’s nature strip/footpath: -

Schedule Tree Species Location Pot Size 3 x Brushbox Trees (Lophostomen confertus)

• The first tree shall be planted in Rangers Road 6 metres to north-west of the intersection of the Yeo Street/Rangers Road footpath.

• The second tree shall be planted another 10 metres to the north-west of the first tree.

• The third tree shall be planted another 10 metres to the north-west of the second tree.

All trees shall be planted 1 metre from the face of kerb.

200 litre

Note: All trees shall be maintained for an establishment period of 13 weeks including an appropriate watering regime. Councils Landscape Development Officer shall be notified by the applicant at the completion of the 13 week period. The installation of such trees, their current health and their prospects for future survival must be certified upon completion by an appropriately qualified horticulturalist. Upon completion of installation and prior to the issue of an Occupation Certificate an appropriately qualified horticulturalist must certify that any trees planted in accordance with this condition are healthy and have good prospects of future survival. The certification must be submitted with any application for an Occupation Certificate.

(Reason: To ensure that replacement plantings are provide to enhance

community landscaped amenity and cultural assets) Allocation of Spaces G20. Car parking spaces must be provided and maintained at all times on the subject site.

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

23 Residential (including 4 accessible) 1 Residential Car Wash 7 Retail (including 1 delivery bay and 1 accessible)

The car parking spaces are to be identified on-site by line-marking and numbering upon the completion of the works and prior to issue of Occupation Certificate. Car parking spaces provided must only be used in conjunction with the approved uses contained within the development.



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In the case of Strata subdivision any car parking for strata lots for residential purposes must be individually allocated to its corresponding residential strata lot as part of each lots' unit entitlement. Visitor parking facilities must be designated as common property on the strata plan. Visitor parking facilities must not at any time be allocated, sold, licensed or leased for the exclusive use of any occupier or owner and must be retained as common property by the Owners Corporation for use by building visitors.

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

are provided on site) Compliance with Certain conditions G21. Prior to the issue of any Occupation Certificate Conditions C1 (Amalgamation of

Lots), C33 (Atrium Tree Sizes), G19 (Required Tree Planting) must be certified as having been implemented on site and complied with.

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

requirements of this consent) I. On-Going / Operational Conditions First Use of Premise – Further consent required I1. No approval is granted or implied for the fitout and use (including operating hours) of

the retail premises on the ground or lower ground levels. A separate development application for the fitout and use of Retail 1 – Retail 6 must be submitted to and approved by Council prior to that fitout or use commencing.

(Reason: To ensure development consent is obtained prior to uses commencing)

Noise and Vibration Impact I2. The on-going use of the premises approved under this consent must comply with all

conditions pertaining to noise and vibration specified in this consent.

(Reason: To ensure compliance with the specified levels of noise and vibration and to maintain the amenity of surrounding land uses)

Use of Car parking Spaces I3. Car parking spaces provided must only be used in conjunction with the approved uses

contained within the development. Visitor parking facilities must be designated as common property on any strata plan. Visitor parking facilities must not at any time be allocated, sold, licensed or leased for the exclusive use of any owner or occupier or third party and must be retained as Common Property by the owners corporation for use by building visitors.



September 2013 v1

(Reason: To ensure that visitor parking is not allocated to building occupants and remains available on an ongoing basis)

Allocation of Spaces I4. The allocation of Carparking spaces within the development must be maintained at all

times in accordance with the terms of this consent. The allocation of spaces must be maintained in accordance with the following table:


Car parking spaces provided must only be used in conjunction with the approved uses contained within the development. In the case of Strata subdivision any car parking for strata lots for residential purposes must be individually allocated to its corresponding residential strata lot as part of each lot’s unit entitlement. Visitor parking facilities must be designated as common property on the strata plan. Visitor parking facilities must not at any time be allocated, sold, licensed or leased for the exclusive use of any occupier or owner and must be retained as common property by the Owners Corporation for use by building visitors.


are provided on site)

No Illumination I5. No consent is given or implied for any form of illumination or floodlighting to the

building or any sign. A separate development application must be lodged and approved prior to any external floodlighting or illumination of the building, approved sign or site landscaping.

(Reason: To ensure appropriate forms of signage that are consistent with

Council’s controls and those that are desired for the locality, and do not interfere with amenity of nearby properties)

K. Prior to the Issue of any Strata Certificate Registered Plans (Strata) K1. The applicant must submit to Council’s documentary evidence that the Strata Plan has

been registered and the lot(s) exists. The use of the premise must not commence until the documentary evidence has been submitted to and approved by Council. (Reason: To ensure that the allotments of land are created prior to the

commencement of the approved use.)



September 2013 v1

Strata Subdivision K2. A Strata Certificate pursuant to the Strata Schemes (Freehold Development) Act 1973,

that authorises registration of the strata plan, strata plan of subdivision or notice of conversion at NSW Land and Property Information Office must be obtained. If the Strata Certificate is obtained from an Accredited Certifier, other than the Council, the certifier is to provide Council with a copy of the endorsed Strata Certificate within 7 days of issuing the same, pursuant to the Strata Schemes (Freehold Development) Regulation 2002. NOTES: For approval of the Strata Certificate by North Sydney Council, the following must be submitted to Council: - a) the original strata plans or strata plans of subdivision and administration sheets

plus two (2) copies of each, and any original Instrument (including but not limited to any section 88B or 88E instruments) to be endorsed, all enclosed in a protective cardboard tube (to prevent damage during transfer);

b) 2 additional copies of the strata plans or strata plans of subdivision and any

relevant Instrument for submission to Council Customer Services and records department for electronic database scanning and copying;

c) a completed Subdivision or Strata Certificate Application form together with payment of fee current at lodgement;

d) written evidence that all applicable conditions of consent required to be

satisfied, prior to issue of the Strata Certificate, have been satisfied. Council will check the consent conditions on the relevant consent(s). Failure to submit the required information will delay endorsement of the Strata Certificate, and may require payment of rechecking fees;

e) plans of subdivision and copies must not be folded; and f) Council will not accept bonds in lieu of completing subdivision works. (Reason: To ensure compliance with relevant legislative requirements and

maintenance of up to date Council records) Sydney Water K3. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. .

The Section 73 Certificate must be submitted to the Certifying Authority or North Sydney Council with the documentation to enable the issue of the Strata Certificate.

Notes:

1. Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au or telephone 13 20 92.


http://www.sydneywater.com.au/�


September 2013 v1

2. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

(Reason: To ensure compliance with Sydney Water requirements) Release of Strata Certificate K4. The Strata Certificate that authorises registration of the Strata Plan, Strata Plan of

Subdivision or Notice of Conversion at NSW Land and Property Information shall not be issued until bounding walls, floors and ceilings between proposed strata lots have been constructed in accordance with the approved plans identified in Condition A1 of this Consent.

(Reason: To ensure that the registered strata plan relates to approved

development) Allocation of Parking and Visitor Parking K5. Car-parking provided must only be used in conjunction with the units and tenancies

contained within the development. Any carparking for strata lots for residential purposes must be individually allocated to its corresponding residential strata lot as part of each lot’s unit entitlement. The allocation of spaces must be maintained in accordance with the following table:


The car parking spaces are to be identified on-site by line-marking and numbering upon the completion of the works and prior to issue of Occupation Certificate. Carparking spaces provided must only be used in conjunction with the approved uses contained within the development. In the case of Strata subdivision any carparking for strata lots for residential purposes must be individually allocated to its corresponding residential strata lot as part of each lot’s unit entitlement. Visitor parking facilities must be designated as common property on the strata plan. Visitor parking facilities must not at any time be allocated, sold, licensed or leased for the exclusive use of any occupier or owner and must be retained as common property by the Owners Corporation for use by building visitors.


are provided on site)



September 2013 v1

Building and Unit Numbering (Strata Subdivisions) K6. Prior to issue of the Strata Certificate, the person acting upon this consent must apply

to North Sydney Council and receive written confirmation of the allocated street address and unit numbers for the building and the approved strata allotments within the completed project. These are the property addresses that will be recorded in Council records and must be displayed at the property in accordance with the provisions of the applicable Australian Standard (AS/NZS 4819:2011). To assist Council, a draft proposal for numbering within the strata scheme or street should be submitted for concurrence to Council, as these numbers will be used to maintain Council’s property and mapping database.

(Reason: To ensure that Council records are accurate, and that building and unit

numbering complies with the requirements of Council’s Property Addressing Policy. Proper building and unit numbering also assists emergency services in readily locating properties)

Services within Lots K7. A report must be provided by a Registered Surveyor certifying that all services

(including but not limited to stormwater drainage, gas, electricity, telephone cable) as constructed or to be constructed are/will be contained within each lot or within the necessary easements to accommodate such services. The report must be submitted to the Certifying Authority for approval prior to the issue of any Subdivision Certificate.

(Reason: To ensure adequate servicing of the development)


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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.

Attachment 1

Request to exceed height control pursuant toClause 4.6 of the LEP prepared by lngham Plann ing


INGHAM PLANNING Pty Ltd

REQUEST TO BREACH HEICHT CONTROL PURSUANT TO CL'\USE 4.6 OF THE LEP

The proposal has a height of 16.8-18.47m. The average height is less than 17.6m. As the

proposal slightly exceeds the 16m height control of Clause 4.3 o1 the LEP, a request to

contravene this control must be made under Clause 4.6 of the LEP.

The objectives of clause 4.6 are as follows:

,(a) to provide an appropriate degree of ftexíbility in applying certain development standards

to pa rtic u la r deve I oP m en t,

(b) to achieve better outcomes for and from development by allowing flexibility in

pa rtic u /a r c i rc u msta nces. "

The clause requires this request to contravene the control, to demonstrate:

"(a) that complíance with the development standard is unreasonable or unnecessary in the

círcumstances of the case, and(b) that there are sulficient environmental planning grounds to justify contravening the

deve lopment sta ndard. "

These matters are addressed below

Compliance with Ûìe development standard is unreasonable or unnecessary

It is considered that enforcing compliance would be unreasonable and unnecessary in this case,

for the following reasons.

The proposal achieves the ob iectives of the heisht control

The objectives of the control are noted and commented upon below:

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

development on sloping land to follow the natural gradient,

Comment - the land falls down along the Rangers Road frontage and also from Rangers Road

down to Yeo Street. As can be seen in PDA13, the building steps down towards the Yeo Street

frontage. This topography means that higher ceiling heights are provided at ground level

towards Rangers Road. This provides a high level of amenity for these tenancies and a superior

level of activation of the street.(b) to promote the retention and, if appropriate, sharíng of existing víews,

Comment - as noted in the assessment of the DCP provisions, it is unlikely that the non-

compliance will result in any additional view loss compared to a complying development.

(c) to maíntain solar access to existing dwellings, public reserues and streets, and topromote solar access for future development,

Comment - as indicated above, the proposal has very limited impacts on adjoining properties.

As indicated on PDA30 & 32 the additional height does not make any material difference to

overshadowing compared to a complying scheme. Further significantly more than 2 hours solar

access will be retained by all adjacent propert¡es.


INGHAM PLANNING Pty Ltd

(d) to maintain privacy for residents of existing dwellings and to promote privacy forresidents of new buildings,

Comment - The proposal does not create any adverse privacy impacts.

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

Comment - The only adjoining development is the Woolworths supermarket which is a 1-2

storey building. The proposal is higher than this building however, the same development

controls apply to that site it is likely that at some future point it will be redeveloped. The

proposal is compatible with other more recently constructed surrounding buildings.

0 to encourage an appropriate scale and densíty of development that is in accordance

with, and promotes the character of, an area.

Comment - As noted in the discussion of the relevant character statement in the DCP above,

there is no specific character or building height in this locality. The precinct specific controls

encourage 34 storey podium development with levels above setback. The proposal is

consistent with these requirements. Further the design makes use of the unique site location

being a prominent'gateway'to the town centre. The proposal provides an iconic form that willimprove the overall impression of the town centre as a pleasant place to work and visit. Part of

design response is to provide a slightly higher building to define the important nature of the site.

Compliance would resu It in poorer p lannine outcomes

One of the objectives of Clause 4.6 is to allow better outcomes to be achieved. ln this regard,

the height of the building is dictated by trying to respond in the best way possible to the varying

levels over the site and creating a high quality activated street frontage at ground level and then

above that, providing practical, level floor plans. As noted above it also assists in creating an

appropriate urban design response to a prominent corner site.

Reducing the height would result in the number of apartments being even further reduced

below the DCP residential density target of 27 (The proposal has 23 apartments). This

demonstrates that the proposal is noi an overdevelopment of the site. lt would also impact on

the iconic nature of the building which seeks to create a positive impression of the town centre

in a gateway location.

Lack of impact

As noted in the above discussion, despite the non-compliance, the amenity of surrounding

properties will be maintained to the extent that is considered acceptable for a complying

development. The extent of the non-compliance is minor and for this reason there would be no

significant environmental benefit by requiring compliance and as noted, there would be some

adverse outcomes for the amenity of the development and on the public domain.

There are sufficient environmental planning grounds to justify contravening the development

standard

As noted above, the lack of environmental impact and the environmental benefits that arise

from not complying, justify contravening the standard. Further, the proposal also has benefits in

broad-er environmental terms. One of the objects of the EP&A Act is the "orderly and economic


INGHAM PLANNING PtY Ltd

use and development of land". The height of the building is consistent with the 84 Mixed Use

zoning of the land. lt is appropriate to maximise the use of such land which is located close to

a widé range of goods and service and public transport. This proximity reduces reliance on

private transport and provides a high quality of life for residents. This outcome is also

supportive of another of the objects of the Act which is 'ecologícally sustainable development".

It should be remembered that the purchasers of these apartments are highly likely to be local

residents downsizing from larger homes or young professionals, as they want to be close to the

amenities and transport offered by the Neutral Bay CBD.

Conclusion

ln summary the proposal represents a development that is compliant with the majority of

relevant development standards that are applicable. The main non-compliance is with the

height control. As noted above this non-compliance will not have any notable impact beyond

thai of a complying scheme. As indicated in the photomontages, the height is able to be

incorporated into the overall quality of the building form without any detrimental visual impact.

The provision of generous ground floor retail space fo the street frontages will activate the area

and improve the overall quality of the surrounding public domain'

We are of the view that the proposal represents a high quality planning outcome for the site'

Brett Brownlngham Planning Pty Ltd

April 2015


Acoustics

Vibration

Structural Dynamics

Sydney Melbourne Brisbane Gold Coast Kuwait

Renzo Tonin & Associates ABN 29 117 462 861

Level 1/418A Elizabeth St SURRY HILLS NSW 2010 | PO Box 877 STRAWBERRY HILLS NSW 2012

P (02) 8218 0500 F (02) 8218 0501 [email protected] www.renzotonin.com.au

9-11 RANGERS ROAD, NEUTRAL BAY

Acoustic Assessment for Development

Application

15 April 2015

HELM Pty Limited

TH097-01F02 Acoustic Report for DA (r3)


RENZO TONIN & ASSOCIATES 15 APRIL 2015

HELM PTY LIMITED


TH097-01F02 ACOUSTIC REPORT FOR DA (R3) ACOUSTIC ASSESSMENT FOR DEVELOPMENT APPLICATION

Document Details

Detail Reference

Doc Reference: TH097-01F02 Acoustic Report for DA (r3)

Prepared for: HELM Pty Limited

Address: 131 Sailors Bay Road

Northbridge NSW 2063

Attention: Matthew Campbell

Document Control

Date Revision HistoryNon-Issued

Revision

Issued

RevisionPrepared Instructed Authorised

25.03.2015 Final Report 1 AS RC RC

09.04.2015 Final report with amendments 2 AS AS

The work presented in this document was carried out in accordance with the Renzo Tonin & Associates Quality Assurance System, which is

based on Australian Standard / NZS ISO 9001.

This document is issued subject to review and authorisation by the Team Leader noted by the initials printed in the last column above. If no

initials appear, this document shall be considered as preliminary or draft only and no reliance shall be placed upon it other than for

information to be verified later.

This document is prepared for our Client's particular requirements which are based on a specific brief with limitations as agreed to with the

Client. It is not intended for and should not be relied upon by a third party and no responsibility is undertaken to any third party without

prior consent provided by Renzo Tonin & Associates. The information herein should not be reproduced, presented or reviewed except in

full. Prior to passing on to a third party, the Client is to fully inform the third party of the specific brief and limitations associated with the

commission.

The information contained herein is for the purpose of acoustics only. No claims are made and no liability is accepted in respect of design

and construction issues falling outside of the specialist field of acoustics engineering including and not limited to structural integrity, fire

rating, architectural buildability and fit-for-purpose, waterproofing and the like. Supplementary professional advice should be sought in

respect of these issues.



HELM PTY LIMITED



Contents

1 Introduction 5

2 Site and surrounds 6

3 Internal noise criteria 7

4 Measured and predicted noise levels 8

4.1 Long-term noise survey 8

4.2 Short-term noise measurements 8

5 Control of External noise – window glazing 10

5.1 Glazing 10

5.2 Typical Glazing Constructions to Achieve Acoustic Ratings 10

6 External noise emission from building services 12

6.1 EPA requirements 12

7 Internal sound insulation 14

7.1 North Sydney Council DCP 2013 requirements 14

7.2 BCA 2014 requirements 14

8 Use 17

9 Construction noise 18

9.1 Environmental protection authority’s construction noise guidelines 18

9.2 General Construction Noise Control Methods 20

10 Conclusion 23

APPENDIX A Glossary of Terminology 24

APPENDIX B Criteria and design methodology 26

B.1 State Environment Planning Policy (ISEPP) 26

B.2 Department of Planning – Development near Rail Corridors and Busy Roads 26

B.3 North Sydney Council Development Control Plan Part B Residential Development 27

APPENDIX C Location and results of the noise surveys 30

C.1 Long-term monitoring details 30

C.2 Short-term attended monitoring details and results 31



HELM PTY LIMITED



List of Tables

Table 1: Recommended design sound levels for building interiors 7

Table 2: Predicted external noise levels: 8

Table 3: Recommended acoustic performance of glazing assembly 10

Table 4: Typical Glazing Constructions to Achieve Acoustic Ratings 10

Table 5: LAeq design criteria for noise emission from mechanical plant (EPA INP) 12

Table 6: Noise at residences using quantitative assessment 19

Table 7: Noise at other sensitive land uses using quantitative assessment 20

Table 8- Relative Effectiveness of Various Forms of Noise Control, dB(A) 21

Table 9- Noise Control Measures for Expected Construction Plant 21



HELM PTY LIMITED



1 Introduction

This report presents an assessment of noise intrusion into, and operational noise from the proposed

mixed-use development at 9-11 Rangers Road, Neutral Bay.

This study examines the effects of external noise intrusion on the proposed development from nearby

ambient noise such as traffic noise. Noise surveys have been conducted by Renzo Tonin & Associates

between Monday 2nd March and Tuesday 10th March 2015 at the development site to determine the

existing levels of ambient noise at the site. These levels were used to predict noise levels within the

property, and then assessed against the recommended internal noise criteria for the project.

As a result of our assessment of the following potential acoustic items were identified;

Existing and future traffic noise from Yeo Street, Rangers Road, and Military Road

intruding into the development;

Noise associated with plant equipment on the Woolworths Building rooftops;

Noise associated with the Woolworths building car park, including cars entering and

exiting the site and noise events including the slamming of car doors;

Mechanical services noise emission from the proposed residential buildings; and

Noise and vibration emission from construction activities and equipment.

This report presents an assessment of the above acoustic components in terms of Council’s

Development Control Plans, State Environmental Planning Policy (Infrastructure) 2007 and Australian

Standards.

The predicted future traffic noise levels at the building facades were used to determine the sound

insulation rating requirements for the external building elements in accordance with the acoustic criteria

nominated for this development.

In regard to acoustic privacy, this is generally satisfied through the requirements of the Building Code of

Australia which all new residential development would need to comply.

Further detailed discussion of the identified acoustic factors is set out within this report.

The work documented in this report was carried out in accordance with the Renzo Tonin & Associates

Quality Assurance System, which is based on Australian Standard / NZS ISO 9001. Appendix A contains a

glossary of acoustic terms used in this report.



HELM PTY LIMITED



2 Site and surrounds

The proposed mixed-use development at 9-11 Rangers Road, Neutral Bay is to consist of one building

bound on three sides by Yeo Street and Rangers Road. The development consists of a total of 23

apartments, and 6 retail lots in a single 5-6 storey building. Parking is provided in split basement

underground parking over three and a half levels. Parking is accessed from Yeo Street along the

Southern Façade.

The site location is bordered by residential apartment buildings to the South and East on the opposite

side of Yeo Street, with Commercial and Retail buildings, some with residential units above, to the North

including a Woolworths building neighbouring on the West.

Long term noise monitoring has been undertaken at the site to determine the existing acoustic

environment.

Figure 1- Site Location and Surrounds



HELM PTY LIMITED



3 Internal noise criteria

A number of documents were taken into consideration when determining suitable criteria for the

residential component of the proposed development site. These included:

State Environment Planning Policy (Infrastructure) 2007 [“ISEPP”]

Department of Planning publication “Development Near Rail Corridors & Busy Roads –

Interim Guideline” 2008 [“ISEPP Guideline”]

North Sydney Council’s Development Control Plan 2013

AS/NZS 2107:2000 Acoustics- Recommended design sound levels and reverberation

times for building interiors

Yeo Street and Rangers Road are not identified as roads requiring a recommended assessment (AADT

20,000 – AADT 40,000) on The Roads and Maritime Services (RMS) Traffic Volume Maps for ISEPP.

Therefore, the location of the development site does not invoke the ISEPP and the Department of

Planning’s Guideline. As a result, the criteria stipulated in North Sydney Council's DCP is considered the

most relevant and has been adopted for this site.

Table 1 summarises the recommended design sound levels for building interiors in the proposed

development.

Table 1: Recommended design sound levels for building interiors

OccupancyWindows & Doors

Condition

Design Noise Level

Day or Night, LAeq (1hour)

Sleeping areas Closed 35 dB(A)

Living Areas Closed 40 dB(A)

APPENDIX C presents results of the unattended ambient noise survey conducted on site.



HELM PTY LIMITED



4 Measured and predicted noise levels

4.1 Long-term noise survey

One RTA Technology Environmental Noise Logger was set up for the ambient noise survey from Monday

2nd March to Tuesday 10th March, 2015. The logger was positioned on the rooftop to the rear of the

existing commercial property at 9-11 Rangers Road, Neutral Bay. The logger was positioned along the

Southern boundary on Yeo Street, set back at a distance of approximately 1m from the site boundary

(refer to Appendix C for more detail).

The noise logger records noise levels on a continuous basis and stores data every fifteen minutes. The

noise logger was calibrated before and after measurements and no significant deviation in calibration

was noted. The noise monitoring equipment used here complies with Australian Standard 1259.2-1990

“Acoustics - Sound Level Meters” and is designated as Type 2 instruments suitable for field use.

The dates of measurement and the results obtained from the logger survey are shown in APPENDIX C.

The unattended noise monitors were positioned to capture traffic noise associated with Yeo Street and

the Pacific Highway, as well as noise from parking garages in the surrounding residential and

commercial buildings.

Recommendations for the acoustic design of the glazed facades of the development are presented in

Section 5 of this report.

4.2 Short-term noise measurements

Short-term attended measurements were taken at three locations around the site. Measurements were

conducted on the corner of Rangers Road and Yeo Street; at the point where Yeo Street bends at a 45

degree angle; and at the far corner of the site boundary along Yeo Street. The acquired noise levels were

correlated with the results of the long-term monitoring and used to predict traffic noise levels at the

façade of the development. The design external traffic noise levels are presented below.

Table 2: Predicted external noise levels:

Facade Time Period Design Noise Level LAeq,T

North (Rangers Road) Day time (7am to 10pm) 67 dB(A)

Night time (10pm to 7am) 62 dB(A)

East (Yeo Street) Day time (7am to 10pm) 65 dB(A)


West (Neutral Bay Woolworths) Day time (7am to 10pm) 60 dB(A)


South (Yeo Street) Day time (7am to 10pm) 62 dB(A)


Note: 1. at 1m from façade, centrally positioned along the façade width



HELM PTY LIMITED



Results from the noise surveys were used to calculate internal noise levels within the proposed

development. Noise calculations were performed using glazing design software developed in this office

which take into account external noise levels, facade transmission loss and room sound absorption

characteristics.



HELM PTY LIMITED



5 Control of External noise – window glazing

5.1 Glazing

To achieve the criteria outlined in Table 1 with windows closed for residential apartments, the following

table presents the recommended glazing acoustic performances for the proposed development.

Table 3: Recommended acoustic performance of glazing assembly

Facade Level(s) OccupancyRequired Acoustic Rating

of Glazing Assembly, Rw

Northeast (Rangers Road) Levels 1-4 All habitable areas Rw 35

Southeast (Yeo Street) Levels 1-4 All habitable areas Rw 35

Southwest (Yeo Street) Levels 1-4 All habitable areas Rw 32

Building voids and atriums

(central void and atrium

adjoining Woolworths)

All levels All habitable spaces Rw 32

Notes:

The client is advised not to commence detailing or otherwise commit to partition construction systems which have not been tested in an

approved laboratory or for which an opinion only is available. Testing of partition construction systems is a component of the quality control

of the design process and should be viewed as a priority because there is no guarantee the forecast results will be achieved thereby

necessitating the use of an alternative which may affect the cost and timing of the project. No responsibility is taken for use of or reliance

upon untested partition construction systems, estimates or opinions. The advice provided here is in respect of acoustics only.

The information in this table is provided for the purpose of Council approvals process and cost planning and shall not be used for

construction unless otherwise approved in writing by the acoustic consultant.

The design in this table is preliminary and a comprehensive assessment shall be conducted prior to Construction Certification.

Before committing to any form of construction or committing to any builder, advice should be sought from an acoustic consultant to ensure

that adequate provisions are made for any variations which may occur as a result of changes to the form of construction where only an

“estimate” is available for the sound insulation properties of recommended materials.

The glazing supplier shall ensure that installation techniques will not diminish the Rw performance of the glazing when installed on site.

All openable glass windows and doors shall incorporate full perimeter acoustic seals equivalent to Q-Lon, which enable the Rw rating

performance of the glazing to not be reduced.

The above glazing thicknesses should be considered the minimum thicknesses to achieve acoustical ratings. Greater glazing thicknesses may

be required for structural loading, wind loading etc.

5.2 Typical Glazing Constructions to Achieve Acoustic Ratings

The following table presents typical glazing constructions to achieve the minimum acoustic ratings

presented in Table 3, above.

Table 4: Typical Glazing Constructions to Achieve Acoustic Ratings

Rw Rating Typical Glazing System

Rw 32 Minimum 6.38mm laminated glass in an aluminium sliding window

frame. Q-lon seals perimeter seals are installed

Rw 35 Minimum 10.38mm laminated glass in a commercial grade

aluminium frame with acoustic fin or bulb seals

The table presented above is intended as a guide only and should not be used for construction.



HELM PTY LIMITED



It is the responsibility of the sub-contractor to provide laboratory test reports for the glazed systems

proposed for installation at the development site to show compliance with the acoustic ratings

presented in Table 3.

The client is advised not to commence detailing or otherwise commit to partition construction systems

which have not been tested in an approved laboratory or for which an opinion only is available. Testing

of partition construction systems is a component of the quality control of the design process and should

be viewed as a priority because there is no guarantee the forecast results will be achieved thereby

necessitating the use of an alternative which may affect the cost and timing of the project. No

responsibility is taken for use of or reliance upon untested partition construction systems, estimates or

opinions.



HELM PTY LIMITED



6 External noise emission from building services

6.1 EPA requirements

The NSW Environmental Protection Authority (EPA) sets out noise criteria in its Industrial Noise Policy

(INP) to control the noise emission from industrial sources such as mechanical plant. The applicable

noise limits, according to the policy, are determined as follows:

Table 5: LAeq design criteria for noise emission from mechanical plant (EPA INP)

Time of Day

Column 1 Column 2 Column 3 Column 4

Rating Background

Level (RBL) L90

Instrusiveness

Criterion (RBL+5)

Amenity Criterion

(Acceptable)

Project Specific Design

Criterion LAeq, T

Day

(7am to 6pm)

53 dB(A) 58 dB(A) 55 dB(A) 55 dB(A)

Evening

(6pm to 10pm)

48 dB(A) 53 dB(A) 45 dB(A) 45 dB(A)

Night

(10pm to 7am)

43 dB(A) 48 dB(A) 40 dB(A) 40 dB(A)

Explanatory notes:

Column 3 – Recommended LAeq noise level based on ‘Residence –Suburban’ area in Section 2.2, Table 2.1 Amenity Criteria (Recommended

LAeq noise levels from industrial noise sources) of the EPA’s INP.

Column 4 – Project Specific Design Criterion based on EPA’s INP. Lower of Columns 2 and 3.

Where necessary, noise amelioration treatment will be incorporated in the design to ensure that noise

levels comply with the recommended EPA’s INP noise emission criteria noted above.

Although at this stage details of mechanical plant have not been finalised, the following in-principle

advice is provided.

Acoustic assessment of mechanical services equipment will need to be undertaken

during the detail design phase of the development to ensure that they shall not either

singularly or in total emit noise levels which exceed the noise limits in EPA’s Industrial

Noise Policy or Council’s requirements;

As noise control treatment can affect the performance of the mechanical services

system, it is recommend that consultation with an acoustic consultant be made during

the initial phase of mechanical services system design in order to reduce the need for

revision of mechanical plant and noise control treatment;

Mechanical plant noise emission can be controllable by appropriate mechanical system

design and implementation of common engineering methods that may include any of

the following:

procurement of 'quiet' plant,

strategic positioning of plant away from sensitive neighbouring premises, maximising

the intervening shielding between the plant and sensitive neighbouring premises,



HELM PTY LIMITED



commercially available silencers or acoustic attenuators for air discharge and air intakes

of plant;

acoustically lined and lagged ductwork;

acoustic screens and barriers between plant and sensitive neighbouring premises;

and/or

Partially-enclosed or fully-enclosed acoustic enclosures over plant.

Mechanical plant shall have their noise specifications and their proposed locations

checked prior to their installation on site; and

Fans shall be mounted on vibration isolators and balanced in accordance with Australian

Standard 2625 “Rotating and Reciprocating Machinery – Mechanical Vibration”.



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7 Internal sound insulation

As a minimum requirement, walls and floors and separation of services shall comply with the

requirements of both North Sydney Council's DCP 2013 and the Building Code of Australia 2014 (BCA).

7.1 North Sydney Council DCP 2013 requirements

The following is an excerpt of the North Sydney Council DCP relating to the acoustic separation of

apartments within the residential component of a mixed use development.

P3. Where multiple dwellings are provided within the same building, the building shall be designed and

constructed to comply with the requirements in Table B-2.6 regarding acoustic insulation of walls and

floors.

TABLE B-2.6: Internal acoustic insulation criteria

Item Criteria

Field Sound Reduction Index R’w of walls, floors services and

ducts

BCA as amended. Except that Field Noise Reduction Index of all

inter-tenancy walls shall be designed to achieve ≥R’w55 and

the intent of the BCA requirements.

Field Sound Reduction Index R’w of Doors Any door (including the effects of its frame and any edge gaps)

in a wall between a dwelling and a stairwell or other internal

common area shall be designed to achieve an ≥R’w28.

Field Impact Isolation Class (FICC) of Floors Where the floor of a dwelling separates a habitable room of

one dwelling and a habitable room, bathroom, toilet, laundry,

kitchen, plant room, stairway, public corridor, hallway and the

like of a separate tenancy, the floor shall be designed to

achieve a Field Impact Insulation Class of FIIC ≥55.

7.2 BCA 2014 requirements

The acoustic provisions for inter-tenancy walls in Class 2 and 3 buildings are outlined in the Building

Code of Australia and the following is an extract from the BCA:

F5.2 Determination of airborne sound insulation ratings

A form of construction required to have an airborne sound insulation rating must –

a. have the required value for weighted sound reduction index (Rw) or weighted sound

reduction index with spectrum adaptation term (Rw + Ctr) determined in accordance with

AS/NZS 1276.1 or ISO 717.1 using results from laboratory measurements; or

b. comply with Specification F5.2.

F5.3 Determination of impact sound insulation ratings



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a. A floor in a building required to have an impact sound insulation rating must –

have the required value for weighted normalised impact sound pressure level withi.

spectrum adaptation term (Ln,w+CI) determined in accordance with AS/ISO 717.2

using results from laboratory measurements; or

comply with Specification F5.2.ii.

b. A wall in a building required to have an impact sound insulation rating must –

for a Class 2 or 3 building be of discontinuous construction;i.

c. For the purposes of this part, discontinuous construction means a wall having a minimum

20 mm cavity between 2 separate leaves, and

for masonry, where wall ties are required to connect leaves, the ties are of thei.

resilient type; and

for other than masonry, there is no mechanical linkage between leaves except at theii.

periphery.

F5.4 Sound insulation rating of floors

a. A floor in a Class 2 or 3 building must have an Rw + Ctr (airborne) not less than 50 and

an Ln,w+CI (impact) not more than 62 if it separates –

sole-occupancy units; oriii.

a sole-occupancy unit from a plant room, lift shaft, stairway, public corridor, publiciv.

lobby or the like, or parts of a different classification.

F5.5 Sound insulation rating of walls

a. A wall in a Class 2 or 3 building must –

have an Rw + Ctr (airborne) not less than 50, if it separates sole-occupancy units;i.

and

have an Rw (airborne) not less than 50, if it separates a sole-occupancy unit from aii.

plant room, lift shaft, stairway, public corridor, public lobby or the like, or parts of a

different classification; and

comply with F5.3(b) if it separates:iii.

A. a bathroom, sanitary compartment, laundry or kitchen in one sole-

occupancy unit from a habitable room (other than a kitchen) in

an adjoining unit; or

B. A ole-occupancy unit from a plant room or lift shaft

b. A door may be incorporated in a wall in a Class 2 or 3 building that separates a sole-

occupancy unit from a stairway, public corridor, public lobby or the like, provided the door

assembly has an Rw not less than 30.



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c. Where a wall required to have sound insulation has a floor above, the wall must continue

to –

the underside of the floor above; ori.

a ceiling that provides the sound insulation required for the wall.ii.

d. Where a wall required to have sound insulation has a roof above, the wall must continue

to –

the underside of the roof above; oriii.

a ceiling that provides the sound insulation required for the wall.iv.

F5.6 Sound insulation rating of services

a. If a duct, soil, waste or water supply pipe, including a duct or pipe that is located in a wall

or floor cavity, serves or passes through more than one sole-occupancy unit, the duct or

pipe must be separated from the rooms of any sole-occupancy unit by construction with

an Rw+Ctr (airborne) not less than –

40 if the adjacent room is a habitable room (other than a kitchen); ori.

25 if the adjacent room is a kitchen or non-habitable room.ii.

b. If a storm water pipe passes through a sole-occupancy unit it must be separated in

accordance with (a).



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8 Use

The retail and commercial components of the development have the potential to emit noise to

surrounding residential premises, including the proposed residential units within this development.

Currently the proposed retail/ commercial areas are expected to consist of:

Ground Floor Retail 1 and 2 facing Rangers Road - standard retail (fashion boutique,

newsagent etc)

Ground Floor Retail 3 and 4 on the corner of Rangers Road and Yeo Street - café

premises including the potential for outdoor seating

Lower Ground Floor Retail 5 and 6 facing Yeo Street - commercial/ services (beautician,

real estate agent etc)

The proposed hours of operation for the retail/ commercial spaces are 6am to 10pm Monday to

Saturday and 7am to 4pm on Sundays.

Building elements have been added to the overall design to assist with the acoustic amenity of the

residential components of the development. These include an awning separating the retail spaces on

Rangers Road and Yeo Street and the apartments above and screening to the balconies of units located

above the retail spaces. In addition, acoustic glazing recommendations have been made in Section 5 of

this report.

Each retail space will be subject to its own Development Application submission. A detailed assessment

of noise emission of each tenancy should be undertaken at the DA phase once the full use and

occupancy of each space is known.



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9 Construction noise

9.1 Environmental protection authority’s construction noise guidelines

The Environmental Protection Authority (EPA) released its Interim Construction Noise Guideline (ICNG)

in 2009. This document is being referred to as EPA’s standard policy for assessing construction noise on

new projects.

The key components of the ICNG that can be incorporated into this assessment include:

1. Use of LAeq as the descriptor for measuring and assessing construction noise.

In recent years NSW noise policies including EPA’s NSW Industrial Noise Policy (INP) and the NSW

Environmental Criteria for Road Traffic Noise (ECRTN) have moved to the primary use of LAeq over any

other descriptor. As an energy average, LAeq provides ease of use when measuring or calculating noise

levels since a full statistical analysis is not required as when using, for example, the LA10 descriptor.

Consistent with the latest guideline (ICNG) the use of LAeq as the key descriptor for measuring and

assessing construction noise may follow a ‘best practice’ approach.

2. Application of feasible and reasonable noise mitigation measures

As stated in the ICNG, a noise mitigation measure is feasible if it is capable of being put into practice,

and is practical to build given the project constraints.

Selecting reasonable mitigation measures from those that are feasible involves making a judgement to

determine whether the overall noise benefit outweighs the overall social, economic and environmental

effects, including the cost of the measure.

3. Quantitative and qualitative assessment

The ICNG provides two methods for assessment of construction noise, being either a quantitative or a

qualitative assessment.

A quantitative assessment is recommended for major construction projects of significant duration, and

involves the measurement and prediction of noise levels, and assessment against set criteria.

A qualitative assessment is recommended for small projects with a short-term duration where works are

not likely to affect an individual or sensitive land use for more than three weeks in total. It focuses on

minimising noise disturbance through the implementation of feasible and reasonable work practices,

and community notification.

Given the significant scale of the construction works proposed for this Project, a quantitative assessment

is carried out herein, consistent with the ICNG’s requirements.



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4. Management Levels

Residences

Table 6 below (reproduced from Table 2 of the ICNG) sets out the noise management levels and how

they are to be applied. The guideline intends to provide respite for residents exposed to excessive

construction noise outside the recommended standard hours whilst allowing construction during the

recommended standard hours without undue constraints.

The rating background level (RBL) is used when determining the management level. The RBL is the

overall single-figure background noise level measured in each relevant assessment period (during or

outside the recommended standard hours).

Table 6: Noise at residences using quantitative assessment

Time of DayManagement Level

LAeq (15 min)*How to Apply

Recommended standard hours:

Monday to Friday

7 am to 6 pm

Saturday 8 am to 1 pm

No work on Sundays or public

holidays

Noise affected

RBL + 10dB(A)

The noise affected level represents the point above which there

may be some community reaction to noise.

Where the predicted or measured LAeq (15 min) is greater than

the noise affected level, the proponent should apply all feasible

and reasonable work practices to meet the noise affected level.

The proponent should also inform all potentially impacted

residents of the nature of works to be carried out, the expected

noise levels and duration, as well as contact details.

Highly noise affected

75dB(A)

The highly noise affected level represents the point above which

there may be strong community reaction to noise.

Where noise is above this level, the relevant authority (consent,

determining or regulatory) may require respite periods by

restricting the hours that the very noisy activities can occur, taking

into account:

times identified by the community when they are less sensitive to

noise (such as before and after school for works near schools, or

mid-morning or mid-afternoon for works near residences

if the community is prepared to accept a longer period of

construction in exchange for restrictions on construction times.

Outside recommended

standard hours

Noise affected

RBL + 5dB(A)

A strong justification would typically be required for works outside

the recommended standard hours.

The proponent should apply all feasible and reasonable work

practices to meet the noise affected level.

Where all feasible and reasonable practices have been applied and

noise is more than 5dB(A) above the noise affected level, the

proponent should negotiate with the community.

For guidance on negotiating agreements see section 7.2.2.

* Noise levels apply at the property boundary that is most exposed to construction noise, and at a height of 1.5m above ground level. If the

property boundary is more than 30 m from the residence, the location for measuring or predicting noise levels is at the most noise-affected

point within 30 m of the residence. Noise levels may be higher at upper floors of the noise affected residence.



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Sensitive Land Use

Table 7 below (reproduced from Table 2 of the ICNG) sets out the noise management levels for various

sensitive land use developments.

Table 7: Noise at other sensitive land uses using quantitative assessment

Land useManagement level, LAeq (15 min)

– applies when land use is being utilised

Classrooms at schools and other educational institutions Internal noise level

45 dB(A)

Hospital wards and operating theatres Internal noise level

45 dB(A)

Places of worship Internal noise level

45 dB(A)

Active recreation areas External noise level

65 dB(A)

Passive recreation areas External noise level

60 dB(A)

Community centres Depends on the intended use of the centre.

Refer to the ‘maximum’ internal levels in AS2107 for specific

uses.

9.2 General Construction Noise Control Methods

Implementation of noise control measures, such as those suggested in the Interim Construction Noise

Guideline (ICNG) and Australian Standard 2436-1981 “Guide to Noise Control on Construction,

Maintenance and Demolition Sites”, are expected to reduce predicted construction noise levels.

Reference to Australian Standard 2436-1981, Appendix E, Table E1 suggests possible remedies and

alternatives to reduce noise emission levels from typical construction equipment. Table E2 in Appendix

E presents typical examples of noise reductions achievable after treatment of various noise sources.

Table E3 in Appendix E presents the relative effectiveness of various forms of noise control treatment.

Table 8- Relative Effectiveness of Various Forms of Noise Control, dB(A) below presents noise control

methods, practical examples and expected noise reductions according to AS2436 and according to

Renzo Tonin & Associates’ opinion based on experience with past projects.



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Table 8- Relative Effectiveness of Various Forms of Noise Control, dB(A)

Noise Control

MethodPractical Examples

Typical noise reduction possible in

practice

Maximum noise reduction possible

in practice

AS 2436Renzo Tonin &

Assoc.AS 2436

Renzo Tonin &

Assoc.

Screening Acoustic barriers such as earth

mounds, temporary or permanent

noise barriers

7 to 10 5 to 10 15 15

Acoustic Enclosures Engine casing lagged with

acoustic insulation and plywood

15 to 30 10 to 20 50 30

Engine Silencing Residential class mufflers 5 to 10 5 to 10 20 20

Substitution by

alternative process

Use electric motors in preference

to diesel or petrol

15 to 25 15 to 25 60 40

The Renzo Tonin & Associates’ listed noise reductions are conservatively low and should be referred to

in preference to those of AS2436, for this assessment.

Table 9- Noise Control Measures for Expected Construction Plant below identifies possible noise control

measures which are applicable on the construction plant likely to be used on site.

Table 9- Noise Control Measures for Expected Construction Plant

Plant Description ScreeningAcoustic

EnclosuresSilencing Alternative Process

Concrete Saw x x

Jack hammers x x

Mobile Crane x

Front End Loader x x

Pneumatic Hand Tools (general)

Bulldozer x x

Tracked Excavator x x

Concrete Trucks x x

Delivery Trucks x x

Dump Trucks x x

Truck (> 20 tonne) x x

Welders x x

Cherry Picker x x

Concrete Pump

Power Generator x

Light commercial vehicles x x

Silenced Air Compressor



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To ensure efficient noise attenuation performance is achieved using any of the methods listed above, it

is recommended acoustic engineers work closely with the construction contractors and carry out

preliminary testing prior to commencement of works.

In addition to physical noise controls, the following general noise management measures should be

followed:

Plant and equipment should be properly maintained

Provide special attention to the use and maintenance of ‘noise control’ or ‘silencing’ kits

fitted to machines to ensure they perform as intended

Strategically position plant on site to reduce the emission of noise to the surrounding

neighbourhood and to site personnel

Avoid any unnecessary noise when carrying out manual operations and when operating

plant

Any equipment not in use for extended periods during construction work should be

switched off

Noise compliance monitoring for all major equipment and activities on site should be

undertaken prior to their commencement of work on site.

In addition to the noise mitigation measures outlined above, a management procedure

would need to be put in place to deal with noise complaints that may arise from

construction activities. Each complaint would need to be investigated and appropriate

noise amelioration measures put in place to mitigate future occurrences, where the noise

in question is in excess of allowable limits.

Good relations with people living and working in the vicinity of a construction site

should be established at the beginning of a project and be maintained throughout the

project, as this is of paramount importance. Keeping people informed of progress and

taking complaints seriously and dealing with them expeditiously is critical. The person

selected to liaise with the community should be adequately trained and experienced in

such matters.

Where noise level exceedances cannot be avoided, then consideration should be given to implementing

time restrictions and/or providing periods of repose for neighbouring receptors.



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10 Conclusion

Renzo Tonin & Associates have completed an assessment of the potential noise impacts to and from the

proposed mixed-use development at 9-11 Ranger Road, Neutral Bay.

The primary assessment related to road traffic noise on the proposed residential building. The study of

external noise intrusion into the subject development has found that appropriate controls can be

incorporated such as acoustic glazing into the building design to achieve compliance with acoustic

requirements of North Sydney Council’s Development Control Plan 2013, SEPP (Infrastructure) 2007, and

Australian Standard AS/NZS 2107.

In addition, an assessment of any noise from mechanical plant equipment servicing the buildings shall

be undertaken during the detailed design and equipment selection stages to ensure that plant and

equipment is designed in accordance with the relevant acoustic criteria.



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APPENDIX A Glossary of Terminology

The following is a brief description of the technical terms used to describe noise to assist in

understanding the technical issues presented.

Adverse Weather Weather effects that enhance noise (that is, wind and temperature inversions) that occur at a site

for a significant period of time (that is, wind occurring more than 30% of the time in any

assessment period in any season and/or temperature inversions occurring more than 30% of the

nights in winter).

Ambient Noise The all-encompassing noise associated within a given environment at a given time, usually

composed of sound from all sources near and far.

Assessment Period The period in a day over which assessments are made.

Assessment Point A point at which noise measurements are taken or estimated. A point at which noise

measurements are taken or estimated.

Background Noise Background noise is the term used to describe the underlying level of noise present in the ambient

noise, measured in the absence of the noise under investigation, when extraneous noise is

removed. It is described as the average of the minimum noise levels measured on a sound level

meter and is measured statistically as the A-weighted noise level exceeded for ninety percent of a

sample period. This is represented as the L90 noise level (see below).

Decibel [dB] The units that sound is measured in. The following are examples of the decibel readings of every

day sounds:

0dB The faintest sound we can hear

30dB A quiet library or in a quiet location in the country

45dB Typical office space. Ambience in the city at night

60dB CBD mall at lunch time

70dB The sound of a car passing on the street

80dB Loud music played at home

90dB The sound of a truck passing on the street

100dBThe sound of a rock band

115dBLimit of sound permitted in industry

120dBDeafening

dB(A) A-weighted decibels. The ear is not as effective in hearing low frequency sounds as it is hearing

high frequency sounds. That is, low frequency sounds of the same dB level are not heard as loud

as high frequency sounds. The sound level meter replicates the human response of the ear by

using an electronic filter which is called the “A” filter. A sound level measured with this filter

switched on is denoted as dB(A). Practically all noise is measured using the A filter.

Frequency Frequency is synonymous to pitch. Sounds have a pitch which is peculiar to the nature of the

sound generator. For example, the sound of a tiny bell has a high pitch and the sound of a bass

drum has a low pitch. Frequency or pitch can be measured on a scale in units of Hertz or Hz.

Impulsive noise Having a high peak of short duration or a sequence of such peaks. A sequence of impulses in

rapid succession is termed repetitive impulsive noise.

Intermittent noise The level suddenly drops to that of the background noise several times during the period of

observation. The time during which the noise remains at levels different from that of the ambient

is one second or more.

LMax The maximum sound pressure level measured over a given period.

LMin The minimum sound pressure level measured over a given period.

L1 The sound pressure level that is exceeded for 1% of the time for which the given sound is

measured.

L10 The sound pressure level that is exceeded for 10% of the time for which the given sound is

measured.



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L90 The level of noise exceeded for 90% of the time. The bottom 10% of the sample is the L90 noise

level expressed in units of dB(A).

Leq The “equivalent noise level” is the summation of noise events and integrated over a selected period

of time.

Reflection Sound wave changed in direction of propagation due to a solid object obscuring its path.

SEL Sound Exposure Level (SEL) is the constant sound level which, if maintained for a period of 1

second would have the same acoustic energy as the measured noise event. SEL noise

measurements are useful as they can be converted to obtain Leq sound levels over any period of

time and can be used for predicting noise at various locations.

Sound A fluctuation of air pressure which is propagated as a wave through air.

Sound Absorption The ability of a material to absorb sound energy through its conversion into thermal energy.

Sound Level Meter An instrument consisting of a microphone, amplifier and indicating device, having a declared

performance and designed to measure sound pressure levels.

Sound Pressure Level The level of noise, usually expressed in decibels, as measured by a standard sound level meter with

a microphone.

Sound Power Level Ten times the logarithm to the base 10 of the ratio of the sound power of the source to the

reference sound power.

Tonal noise Containing a prominent frequency and characterised by a definite pitch.



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APPENDIX B Criteria and design methodology

B.1 State Environment Planning Policy (ISEPP)

The State Environment Planning Policy – Infrastructure 2007, Clause 102 states:

102 Impact of road noise or vibration on non-road development

(1) This clause applies to development for any of the following purposes that is on land in or adjacent

to the road corridor for a freeway, a tollway or a transitway or any other road with an annual

average daily traffic volume of more than 40,000 vehicles (based on the traffic volume data

published on the website of the RTA) and that the consent authority considers is likely to be adversely

affected by road noise or vibration:

(a) a building for residential use,

(b) a place of public worship,

(c) a hospital,

(d) an educational establishment or child care centre.

(2) Before determining a development application for development to which this clause applies, the

consent authority must take into consideration any guidelines that are issued by the Director-General for

the purposes of this clause and published in the Gazette.

(3) If the development is for the purposes of a building for residential use, the consent authority must not

grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure

that the following LAeq levels are not exceeded:

(a) in any bedroom in the building—35 dB(A) at any time between 10 pm and 7am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at

any time.

(4) In this clause, freeway, tollway and transitway have the same meanings as they have in the Roads Act

1993.

B.2 Department of Planning – Development near Rail Corridors and Busy Roads

The Guideline provides direction for developments that may be impacted by rail corridors and/or busy

roads and consideration for the Guideline is a requirement for development specified under the

Infrastructure SEPP.



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The Guideline recommends an acoustic traffic assessment be undertaken for roads having an AADT of

greater than 20,000 and less than 40,000 vehicles per day and states an assessment is mandatory for

roads having an AADT of greater than 40,000 vehicles per day.

Table 3.1 of the Guideline summaries noise criteria for noise sensitive developments

Residential Buildings

Type of occupancy Noise Level dBA Applicable time period

Sleeping areas (bedroom) 35 Night 10 pm to 7 am

Other habitable rooms (excl. garages, kitchens,

bathrooms & hallways

40 At any time

Non–Residential Buildings

Type of occupancy Recommended Max Level dBA

Educational Institutions including child care centres 40

Places of Worship 40

Hospitals - wards 35

-other noise sensitive areas 35

Note: airborne noise is calculated as Leq (9h) (night) and Leq (15h)(day). Ground-borne noise is calculated as Lmax (slow) for 95% of rail

pass-by events.

B.3 North Sydney Council Development Control Plan Part B Residential

Development

Section 2 of the North Sydney DCP 2013 contains guidelines in objectives, performance criteria and

development standards for acoustic privacy for mixed use developments. Relevant sections of the DCP

are reproduced below:

2.3.9 Acoustic Privacy

Objective

P1. This subsection only applies to the residential component of any mixed use development

Control

P2. New dwellings shall be designed and constructed to comply with the criteria specified in Table B-1.2

for all noise intrusion from external noise sources (including mechanical services noise from within the

development itself), with windows and doors closed:

TABLE B-1.2: Noise intrusion criteria from external sources

Internal Space Time Period Max 1hr noise level (LAeq 1 Hour)

Living areas Day or Night ≤ 40 dBA



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Internal Space Time Period Max 1hr noise level (LAeq 1 Hour)

Sleeping Areas Day or Night ≤ 35 dBA

Notes: Readings are to be LAeq (1hour), when measured during the noisiest 1 hour period between Day 7am to 10pm; and Night – 10pm to 7am.

P3. Where multiple dwellings are provided within the same building, the building shall be designed and

constructed to comply with the requirements in Table B-2.6 regarding acoustic insulation of walls and

floors.

TABLE B-2.6: Internal acoustic insulation criteria

Item Criteria

Field Sound Reduction Index R’w of walls, floors services and

ducts

BCA as amended. Except that Field Noise Reduction Index of all

inter-tenancy walls shall be designed to achieve ≥R’w55 and

the intent of the BCA requirements.

Field Sound Reduction Index R’w of Doors Any door (including the effects of its frame and any edge gaps)

in a wall between a dwelling and a stairwell or other internal

common area shall be designed to achieve an ≥R’w28.

Field Impact Isolation Class (FICC) of Floors Where the floor of a dwelling separates a habitable room of

one dwelling and a habitable room, bathroom, toilet, laundry,

kitchen, plant room, stairway, public corridor, hallway and the

like of a separate tenancy, the floor shall be designed to

achieve a Field Impact Insulation Class of FIIC ≥55.

P4. An acoustic report prepared by a certified acoustic consultant must be submitted and address the

requirements to P1 where the proposal involves the construction of 4 or more new dwellings.

P5. Buildings are to be designed and rooms positioned to reduce noise transmission within and between

dwellings.

P6. Bedrooms should be designed so that wardrobes provide additional sound buffering between rooms

within the dwelling or between adjoining dwellings over and above the requirements in P2 above.

P7. Windows and doors should be located away from external noise sources, or buffers used where

separation can not be achieved.

P8. Materials with low noise penetration properties should be used where practical.

P9. Locate bedrooms and private open spaces away from noise sources such as garages, driveways,

mechanical equipment and recreation areas.

P10. Mechanical equipment, such as pumps, lifts or air conditioners should not be located adjacent to

bedrooms or living rooms of dwellings on adjoining properties.



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Where dwellings are located on busy roads the following construction techniques are to be considered for

incorporation into the design of the development to reduce traffic noise within the dwelling:

(a) cavity brick walls;

(b) double glazing;

(c) solid core doors;

(d) concrete floors; and

(e) recessed balconies.

P12. Development on land which is on or is within 100m of a railway corridor, a road corridor for a

freeway, a tollway, a transit way or any other road with an annual average daily traffic volume of more

than 40,000 vehicles (based on the traffic volume data published on the website of the RMS) must consider

the requirements of the DoP’s Development Near Rail Corridors and Busy Roads – Interim Guideline (19

December 2008) in accordance with cl.87(2) and cl.102(2) of SEPP (Infrastructure) 2007. An acoustic report

may be required to be prepared to demonstrate compliance with this Guideline and the acoustic

requirements within cl.87(3) and cl.102(3) of the SEPP (Infrastructure) 2007.

P13. Where possible, avoid the use high brick fences on busy roads. High fences present a harsh and bland

appearance to the street, obstruct views from the footpath to gardens and dwelling entries, reduce amenity

for pedestrians and reduce casual surveillance of the street. Try to reduce acoustic impacts through other

acoustic reduction measures.



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APPENDIX C Location and results of the noise surveys

Figure 1 – Noise Monitoring Locations

C.1 Long-term monitoring details

Noise Logger Location Survey Period, T

Location 1 - On rooftop approximately 1m set back from the site boundary Monday 2nd March to Tuesday 10th

March 2015

Long term monitoring location

Short term monitoring locations

2

1

3

1



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C.2 Short-term attended monitoring details and results

Assessment Location Survey Period, T (hh:mm) Measured LAeq,(T)

Location 1 - On the corner of Yeo Street

and Ranger Road in-line with the corner

of the site boundary

Tuesday 10th March 2015

9:56 – 10:11

64.9 dB(A)

Location 2 - On the bend in Yeo Street

at a distance of 2m from the kerb


10:14 – 10:29

56.4 dB(A)

Location 3 - In-line with the rooftop

logger location at a distance of 1m from

the kerb, and 3m from the site

boundary


10:31 – 10:46

50.1 dB(A)



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Unattended Noise Monitoring Results

9-11 Rangers Road, Neutral Bay

(see note 3)

Day Evening Night2 Day Night2

7am-6pm 6pm-10pm 10pm-7am 7am-10pm 10pm-7am

L90 - 47.0 42.2 58.2 53.5

Leq - 55.0 51.0 60.6 59.3

53.4 47.0

(see note 4)

Lmax (Range) 65.9 to 79.7

Lmax - Leq (Range) 16.2 to 25.8

Data File: 2015-03-02_SLM_000_123_Rpt_Report.txt Template QTE-05B (rev 109) Sydney Logger Graphs

Monday, 2 March 2015

Descriptor

Leq 15 hr and Leq 9 hr

Leq 1hr upper 10 percentile

Descriptor

NSW Road Noise Policy (1m from facade)NOTES:

1. Shaded periods denote measurements adversely affected by rain,

wind or extraneous noise - data in these periods are excluded from

calculations.

NSW Industrial Noise Policy (Free Field)

2. "Night" relates to period from 10pm on this graph to 7am on the

following graph.

3. Graphed data measured in free-field; tabulated results facade

corrected

4. Night time Lmax values are shown only where Lmax >65dB(A) and

where Lmax- Leq ≥15dB(A)

2015.03.10 RTA06-011 Logger Graphs

Night Time Maximum Noise Levels

Leq 1hr lower 10 percentile

-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day

L90 Leq L10 L1 Lmax Wind Speed and Direction

24:00




(see note 3)



L90 53.3 47.2 42.6 59.9 53.4

Leq 57.9 55.4 50.9 62.7 56.5

54.6 47.7

(see note 4)




Tuesday, 3 March 2015




NSW Industrial Noise Policy (Free Field) NSW Road Noise Policy (1m from facade)


Descriptor




Descriptor

NOTES:



calculations.


following graph.


corrected

-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00




(see note 3)



L90 51.8 48.4 44.4 59.2 53.8

Leq 57.3 54.0 51.3 61.9 59.6

55.2 48.9

(see note 4)




Wednesday, 4 March 2015


NSW Industrial Noise Policy (Free Field) NSW Road Noise Policy (1m from facade)NOTES:

Descriptor Descriptor







calculations.


following graph.


corrected



-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00




(see note 3)



L90 53.5 49.0 44.1 63.7 54.4

Leq 61.9 58.5 51.9 67.9 58.5

58.5 48.6

(see note 4)




Thursday, 5 March 2015

NSW Road Noise Policy (1m from facade)


Descriptor

NOTES:



calculations.


following graph.


corrected



NSW Industrial Noise Policy (Free Field)


Descriptor




-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00




(see note 3)



L90 53.3 49.0 41.6 59.7 52.0

Leq 57.6 55.5 49.5 62.1 55.1

57.3 48.0

(see note 4)




Friday, 6 March 2015




NOTES:



calculations.


following graph.


corrected







-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00




(see note 3)



L90 48.3 48.9 43.2 58.6 52.3

Leq 56.7 53.9 49.8 61.4 54.8

55.1 47.3

(see note 4)




Saturday, 7 March 2015




NOTES:



calculations.


following graph.


corrected







-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00




(see note 3)



L90 48.9 46.0 42.1 56.6 51.6

Leq 54.6 52.6 49.1 58.7 57.8

53.6 46.3

(see note 4)




Sunday, 8 March 2015




NOTES:



calculations.


following graph.


corrected







-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00




(see note 3)



L90 52.8 47.2 43.6 60.0 60.1

Leq 57.7 56.6 57.6 62.8 67.5

55.7 49.2

(see note 4)




Monday, 9 March 2015




NOTES:



calculations.


following graph.


corrected







-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00




(see note 3)



L90 - - - 60.6 -

Leq - - - 62.0 -

59.3 -

(see note 4)

Lmax (Range) - to -

Lmax - Leq (Range) - to -


Tuesday, 10 March 2015




NOTES:



calculations.


following graph.


corrected







-25

-20

-15

-10

-5

0

5

10

15

20

30

40

50

60

70

80

90

100

0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 0:00

Win

dSp

eed

(m/s)

So

un

dP

ress

ure

Leveld

B(A

)

Time of Day


24:00


Documents

Item - REPORTS · supermarket with basement parking. The subject site has a total site area of 1010sqm. The site slopes in a number of ways, falling 1.9m from the north-west to the