NO RT H S Y DNE Y CO UNCI L RE P O RT S...• Relocation of the exist ing retaining wall and pool fence in the rear yard to accommodate ... garden. First Floor • Remove the existing

Item ____IPP09_______ - REPORTS -______04/03/2015_________

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 04/03/2015

Attachments:

1. Site Plan 2. Architectural Plans

3. Clause 4.6 Submission

ADDRESS/WARD: 14 Raymond Road, Neutral Bay (C) APPLICATION No: DA 426/14 PROPOSAL: Alterations and additions to the existing residential dwelling

including attic addition and two (2) dormer windows PLANS REF: Drawings numbered MD01, MD02, revision unknown, dated

03.04.14, drawings numbered A01, revision unknown, dated 16.10.14, all drawn by Turpin Burton Architects and received by Council on 2.12.14, and drawings numbered A02 and A03, revision A, dated 19.2.15, and received by Council on 20.02.15

OWNER: Kathleen Drinnan APPLICANT: Turpin Burton Architects AUTHOR: Natalie Moore, Assessment Officer DATE OF REPORT: 23 February 2015 DATE LODGED: 2 December 2014 RECOMMENDATION: Approval

Report of Natalie Moore, Assessment Officer Page 2 Re: 14 Raymond Road, Neutral Bay

EXECUTIVE SUMMARY This development application seeks approval for alterations and additions to an existing free standing dwelling at No. 14 Raymond Road, Neutral Bay including the construction of a new attic addition with dormer windows. The proposed works would breach the 8.5m height limit for the site under Clause 4.3 of North Sydney Local Environmental Plan 2013. As the breach is greater than 10%, due to the delegation limitation imposed by the Director General of the Department of Planning, the application must be determined by NSIPP. Notification of the application attracted no (nil) submissions. The proposed modifications and upgrades to the dwelling have been appropriately designed to reflect the style of the existing dwelling and character of the streetscape and surrounding development. The inclusion of a dormer on the primary facade of the dwelling is considered acceptable in the context of the streetscape and the modifications to the exterior of the building through the removal of an unsympathetic painted finish will restore the original brick work and improve its appearance from the street. The variations to the building height development standard generated by the proposed dormers and skylight will have no adverse impact on the bulk and scale of the subject building and the development will not have any detrimental impacts on the amenity of the adjoining properties in terms of privacy, solar access or views. The Clause 4.6 Variation submitted in support of this breach is considered to be well-founded and the strict imposition of the above development standard is considered to be unnecessary and unreasonable in the circumstances. Following assessment of the application, the proposed development and variation to the building height development standard is considered to be reasonable and justifiable in the circumstances, and the application is recommended for approval subject to conditions.

LOCATION MAP

Page 3

Property/Applicant Submittors - Properties Notified

Re: 14 Raymond Road, Neutral Bay - DA 426/14

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DESCRIPTION OF PROPOSAL The development application proposes alterations and additions to a double storey free standing dwelling at No. 14 Raymond Road, Neutral Bay including a new attic addition with dormer windows. In detail the works involve: Ground Floor

• Minor infill addition in the western corner of the existing family room. • Internal alterations including relocation of the existing kitchen, installation of timber

framed doors and windows for the length of the northern elevation. • Refurbishment of the powder room. • Reconstruction of the existing roof over the kitchen and family room, and construction of

a new pergola over the courtyard. • Refit the existing sauna as a bin enclosure, recycling and compost area. • Relocation of the existing retaining wall and pool fence in the rear yard to accommodate

the extension of the courtyard. • Construction of a new timber stair providing access from the front balcony to the existing

garden.

First Floor • Remove the existing doorway to the study from Bedroom 2. • Addition of new a window to Bedroom 2 (W1 L1) to match existing windows in this

room. • Upgrade the existing windows and re-tile the floor in the study. • Extend the existing staircase to provide access to the proposed attic addition. • Replace existing fibre cement on south eastern front gable with shingles.

Attic

• Construction of an attic addition (including 2 new dormers) within the existing roof space to provide a bedroom, ensuite and dressing room.

• Installation of a skylight on the western roof plane. It is also proposed to remove the existing painted finish on the face brickwork of the dwelling and restore it to the original exposed brick. All existing timber work will also be painted in accordance with a selected heritage colour scheme.


Figure 1 – Southern Elevation showing the proposed changes to the front facade of the

dwelling

Figure 2 – Northern Elevation showing the proposed changes to the rear of the dwelling


Figure 3 – Eastern elevation showing proposed modifications

Figure 4 – Western elevation showing proposed modifications

STATUTORY CONTROLS North Sydney LEP 2013

• Zoning – R3 Medium Density Residential • Item of Heritage – Yes • In Vicinity of Item of Heritage – Yes (No. 18 Harriette Street) • Conservation Area – No • FSBL – No

Environmental Planning & Assessment Act 1979 SEPP No. 55 – Remediation of Land SEPP (BASIX) 2004 SREP (Sydney Harbour Catchment) 2005 Foreshore Development – No Local Development


POLICY CONTROLS North Sydney DCP 2013 DESCRIPTION OF LOCALITY The subject site is legally described as Lot 12 Sec B DP 2404, known as No. 14 Raymond Road, Neutral Bay. The site has two frontages, one to Raymond Road and one to Harriette Street. It is located on the southern side of Raymond Road and northern side of Harriette Street between Phillips Street to the west and Thrupp Street to the east. The site is regular in shape with frontages of 15.24m, an average length of 50.8m and total site area of 769.6m2. Existing on the site is a large double storey heritage listed Federation residence with its primary frontage to Harriette Street. The dwelling is elevated above street level (Harriette Street) with a large sandstone retaining wall with double garage addressing the street. The site has access to the rear from Raymond Road where there is a single garage on the boundary. The subject dwelling is largely intact, exhibiting its original form, with the exception of a minor addition at the rear and, balcony additions over the two levels on the primary facade. The dwelling has previously been painted with an uncharacteristic painted finish. The interior room configuration and decorative features are intact. Immediately adjacent to the subject site is another heritage item located to the west at No. 18 Harriette Street. Surrounding development features a mix of low density free standing residential dwellings and medium – higher density residential flat buildings.

Figure 5 – The subject site from Harriette Street

Figure 6 – Front facade of the subject site

Note: Balcony additions over the 2 levels which are not part of the original fabric of the dwelling


Figure 7 – The subject site from Raymond Road

Figure 8 – The rear of the subject site

Note: Ground level rear addition which is not part of the original fabric of the dwelling

RELEVANT HISTORY There is no history of relevance to the subject unit or building.

Subject Development Application 2 December 2014 DA 426/14 (subject development application) proposing alterations and

additions to the existing dwelling at No. 14 Raymond Road, Neutral Bay was lodged with Council.

12 December 2014 Council’s Assessment Officer and Conservation Planner undertook a site inspection to the subject property.

22 December 2014 A letter was sent to the applicant requesting additional information and amendments to the application including:

• A revised Clause 4.6 submission (for the breach to the building height) that references the correct property address.

• A site coverage and landscaped area compliance diagram, and modifications to the rear courtyard to provide more landscaped area in accordance with Part B Section 1.5.6 of NSDCP 2014.

• Deletion of the proposed dormer on the southern elevation as it would be visible from the primary street frontage (Harriette Street).

• Modifications to the glazing in the proposed dormers to have vertical proportions.


10 February 2015 An on-site meeting was held between Council’s Assessment Officer and Conservation Planner, and the applicant (Barbara Burton) and the applicant’s heritage consultant (Dr. Noni Boyd) to discuss Council’s request for the deletion of the southern dormer and modifications to the glazing. At this meeting it was agreed:

• That the dormer as proposed on the southern/front facade could be supported given that there was a similar front dormer within the immediate view catchment at No. 16 Harriette Street.

• The glazing would be modified to have more vertical proportions with three (3) glass panes instead of two (2).

• That the rear courtyard off the kitchen and living area would be modified to provide more soft landscaping to improve the landscaped area at the site.

20 February 2015 A revised Clause 4.6 submission, and amended plans to reflect the agreed

changes to the proposal, was submitted to Council. REFERRALS Building The proposed works which are the subject of this application have not been assessed in accordance with compliance with the Building Code of Australia. This would need to be undertaken prior to the issue of a Construction Certificate. Should significant changes be required to achieve compliance with BCA standards, a Section 96 application would be necessary. Heritage Given the status of the property as a heritage item, the amended application was referred to Council’s Conservation Planner who provided the following comments:

The amended plans by Turpin Burton, received at Council on 20 February 2015 satisfactorily resolve the previously raised heritage issues, noting that it was agreed after a second on-site inspection on February 10, 2015 that dormers are an acceptable architectural element. This was determined after a dormer window was noted in the streetscape within the vicinity of the subject property. The proposed dormers are small in scale and are satisfactorily detailed so as to be submissive to the primary roof planes. The double paned dormer on the north elevation is not as successfully detailed as the three paned dormer on the south elevation, however no objection is raised as it is noted that it has been divided equally between the stairwell and bathroom and cannot easily be divided into three panes. The proposed amendments to the paving at the rear and the landscaping will have a positive impact upon the presentation of dwelling and are also supported.

The following conditions are recommended – Conditions A3, A4, E5.


SUBMISSIONS The development application was notified to adjoining property owners and the Neutral Precinct for a 28 day period between 19 December 2014 and 16 January 2015. No (nil) submissions were received. The amended proposal received at Council on 20 February 2015 was considered unlikely to generate any additional impacts to adjoining properties, and was therefore not re-notified in accordance with Part A Section 4 of NSDCP 2013. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: SEPP 55 (Remediation of Land) The provisions of SEPP 55 require Council to consider the likelihood of land contamination and any remediation necessary to rehabilitate the site. Council’s records indicate that the site has previously been used for residential development and as such is unlikely to contain any contamination. The requirements of SEPP 55 have therefore been satisfactorily addressed. SEPP (Building Sustainability Index – BASIX) 2004 A suitable BASIX Certificate has been submitted with the application (A202498_02). A condition is recommended requiring compliance with the commitments contained in the certificate (refer to Condition C11). SREP (Sydney Harbour Catchment) 2005 The site falls within the Sydney Harbour Catchment Area and is subject to the provisions of the Policy. Clause 25 of the SREP outlines matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways. The proposed development is generally consistent with the relevant provisions contained within the Policy. The siting of the existing building will be maintained and the proposed bulk and scale will be consistent with the surrounding streetscape. The distance of the site from the harbour is such that the proposed changes to the southern elevation will not be discernable from the harbour. Having regard to the above, it is considered that the building will not have any adverse impact on the harbour and its setting. NORTH SYDNEY LEP 2013 1. Permissibility within the zone The site is zoned R3 Medium Density Residential under the provisions of the North Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of alterations and additions to dwelling houses is permissible with consent from Council.


2. Residential Zone Objectives Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular objectives of the R3 Medium Density Residential zone which are:

• “To provide for the housing needs of the community within a medium density residential environment.

• To provide a variety of housing types within a medium density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To encourage the development of sites for medium density housing if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area.

• To provide for a suitable visual transition between high density residential areas and lower density residential areas.

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

The proposed development will maintain the same mix of residential density on the site and surrounding sites, and the modifications to the dwelling will improve the amenity for the residents without causing an adverse impact on adjoining residents, the streetscape and/or the heritage significance of the dwelling. As such, the development satisfies the provisions of the zone. The application has been assessed against the relevant numeric controls in NSLEP 2013. More detailed comments with regard to the major issues are provided below the table. 3. NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 3768m² Proposed Control Complies Clause 4.3– Heights of Building 11.6m 8.5m NO

(Clause 4.6)

4. Building Heights The maximum building height for the site is 8.5m pursuant to Clause 4.3(2) of NSLEP 2013. The proposed addition of the dormer windows, modifications to the existing gable on the southern elevation and installation of the skylight will breach the height limit. Given the proposed breach, the applicant has requested a variation under Clause 4.6 of NSLEP 2013, to vary the maximum building height as stipulated in Clause 4.3 of NSLEP 2013. The impacts of the non-compliance are examined against the requirements of Clause 4.6 of NSLEP 2013 as follows:


(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient.

The elements in breach of the building height will not generate any change to the existing landforms. (b) to promote the retention and, if appropriate, sharing of existing views. The modifications to the dwelling, including the addition of the two dormer windows will not give rise to any material view loss to surrounding buildings because the dormers will be located below the existing roof ridge. (c) to maintain solar access to existing dwellings, public reserves and streets, and

to promote solar access for future development. The additions and upgrades to the dwelling are primarily contained within the existing building footprint, with the exception of the proposed dormer windows. The addition of these elements on the roof will generate some minor additional overshadowing to the roof of the subject dwelling and the roof of the neighbouring dwelling at No. 18 Harriette Street. This overshadowing is unlikely to generate material impacts. (d) to maintain privacy for residents of existing dwellings and to promote privacy for

residents of new buildings. The proposed dormer windows will not give rise to any privacy impacts for neighbouring dwellings as they will be orientated over the front and rear yards of the subject site with the southern dormer also experiencing an outlook to the city skyline and harbour. The new window to Bedroom 1 (W1 L1) will not look directly into any window of the neighbouring townhouse at No. 12 Raymond Road, and will be setback over eight (8) metres from this building. Furthermore, the purpose of this room as a bedroom, with its limited usage, will reduce privacy impacts to adjoining properties. (e) to ensure compatibility between development, particularly at zone boundaries. No change is proposed to the existing character of the building, which will remain as a residential dwelling. (f) to encourage an appropriate scale and density of development that is in

accordance with, and promotes the character of, an area. No change is proposed to the existing density of development on the site.

The proposed development is generally consistent with the objectives of the development standard, and in consideration of the above, it is concluded that the proposed development will not have any material adverse impacts on neighbouring properties arising from the proposed building height. In this regard, strict compliance with the development standard is considered to be unreasonable and unnecessary. The request for a variation under Clause 4.6 of NSLEP 2013 which has been submitted by the applicant is considered to be well founded and supported in this case.


5. Heritage Conservation As discussed in the Heritage Referrals section in this report, Council’s Conservation Planner has considered the amended proposal to be satisfactory, subject to appropriate conditions (refer to Conditions A3, A4 & E5). NORTH SYDNEY DCP 2013 The proposal is generally consistent with section B1 of the DCP relating to residential developments and section C7.0 & C7.2 being the character statement for the Neutral Neighbourhood within the Neutral Bay Planning Area, as discussed in the DCP Compliance Table below. DCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development Complies Comments 1.2 Social Amenity Population Mix Maintaining Residential Accommodation

Yes Residential accommodation within the locality will be maintained. The proposal will have no impact in terms of maintaining affordable housing.

1.3 Environmental Criteria Topography Yes The existing retaining wall in the rear yard will be relocated to accommodate

the extension of the courtyard. These works will involve the removal of a minor amount of ground cover however it will have no significant impact on the existing landform which will generally remain unchanged.

Views

Yes The proposed development will have no adverse impacts on significant views from the either Harriette Street, Raymond Road or adjoining properties because the proposed additions are located below the existing ridge height and within the existing roof plane.

Solar Access Yes The proposed dormer windows will cast additional shadows over the roof of the subject site and neighboring property at No. 18 Harriette Street during mid winter. These shadows will have no impact upon access to sunlight for either property. The proposal is considered to be acceptable in this regard.

Acoustic Privacy

Yes The proposal is unlikely to materially reduce acoustic privacy to adjoining properties due to the residential nature of the premises. The only new window opening (W1 L1) orientated towards a neighbouring dwelling (12 Raymond Ave) services a bedroom which is a secondary use and is setback 4.2m from the side boundary and 8.4m from the neighbouring building.

Visual Privacy The proposal is not expected to generate unreasonable levels of overlooking for the following reasons: • The proposed dormer windows will be orientated to the north and south,

overlooking the rear and front yards respectively, and across to the city skyline and harbour.

• The increased opening on the ground floor to the rear courtyard will overlook the rear yard and swimming pool.

• The new window to Bedroom 2 on the first floor will not look directly into any window of the neighbouring townhouse at No. 12 Raymond Road, and will be setback over eight (8) metres from this building. Furthermore, given the purpose of this room as a bedroom, there would be limited overlooking.

1.4 Quality built form Context Yes The proposal satisfactorily responds to the existing opportunities and


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

constraints of the site. The proposed dormers are characteristic of other dormers along Harriette Street, in particular No. 16 Harriette Street which has a front dormer on it’s primary frontage (refer to Figure 9 below). The remaining modifications to the dwelling will retain and improve the overall appearance of the building, particularly through the removal of the existing painted finish to expose the original brickwork. The proposal is therefore considered acceptable in this regard.

Figure 9 – Front dormer on No. 16 Harriette Street Streetscape Yes The proposal will not impact upon the existing infrastructure which currently

contributes to the streetscape directly surrounding the proposal site. A condition requiring a bond to protect Council’s footpath has been recommended (refer to Condition C7). The proposal will have no material impact upon the setting of the property within the existing streetscape. As discussed previously, front dormers are characteristic within the immediate view catchment as seen at No. 16 Harriette Street (refer to Figure 9 above) and the dormer on the front of the subject site as proposed is considered to be acceptable. The modifications to the exterior of the building through the removal of the painted finish will improve the appearance of the building from the street, restoring its original brickwork. The remainder of the works, including the addition of the staircase from the front balcony, and the modifications to the existing rear addition will not be visible from the street. The proposal is considered to be acceptable in this regard.

Siting Yes The proposal will generally maintain the existing building orientation and siting consistent with the adjoining properties.

Setbacks Yes The existing building setbacks will be retained. The minor infill addition to the existing ground floor rear extension to accommodate the new kitchen will retain a one (1) metre setback from the western boundary, consistent with the existing wall along this boundary.


DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development Complies Comments Form Massing Scale Built Form Character

Yes As discussed earlier in this report Harriette Street contains a varying mix of building typologies. The proposal will not significantly alter the appearance, form or size of the building, and the proposed attic addition and dormers are compatible with the existing dwelling and character of the locality, with similar dormers visible within the immediate view catchment (refer to Figure 9 earlier in this report). Similarly, the addition of the dormer window at the rear of the dwelling will not significantly alter the appearance or scale of the dwelling, and it will remain submissive in the context of the dwelling. The proposal is therefore considered to be acceptable in this regard.

Dwelling Entry No change No change is proposed to the existing entry to the dwelling. Roofs Yes The proposal will retain the existing tiled, hipped and gabled roof form, and

the proposed dormers will maintain a pitch consistent with the existing roof, and tiled to match. Similarly, the new roof over the ground floor living and kitchen area will be tiled to match existing. In accordance with Provision P9 of this section of the DCP, the proposed attic addition will not exceed more than 50% of the floor area of the first floor as illustrated on Drawing Number A02. The proposal is considered to be acceptable in this regard.

Dormers Yes The application proposes two (2) dormers to service the attic addition – one (1) on the northern/rear elevation (Raymond Road) and one (1) on the southern/front elevation of the dwelling (Harriette Street). Following some minor amendments to the window proportions, the proposed dormers are considered to be acceptable for the following reasons: • The dormers have been designed to reflect the period of the dwelling. • Each dormer has a maximum height of 1.5m from base to ridge. • Each dormer takes up less than 1/3 of the roof plane in which it sits. • The dormers will be located beneath the ridge of the roof plane to which

they are attached. Contrary to Provision P2 of this section of the DCP, the application proposes a front dormer which will be visible from Harriette Street when standing at particular locations on the street. Provision P3 stipulates that front dormers can be permitted where the following points can be adequately addressed. (a) It will not result in any significant impacts on privacy to adjoining

properties – due to the height of the attic addition above ground level, views from the proposed dormer will be orientated towards the city skyline and will not result in any material privacy impacts.

(b) It will not detract from the coherence of the streetscape – as discussed previously, Harriette Street is a varied streetscape and the view catchment in which the subject site sits contains a mix of lower density residential dwellings and medium-higher density townhouses and residential flat buildings. As such, the proposed dormer window on the front elevation of the dwelling will not detract from the coherence of the streetscape.

(c) Surrounding properties have dormers visible from the street – as illustrated in Figure 9 earlier in this report there is a front dormer on the residential building at No. 16 Harriette Street.


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

Following an assessment of the application against the above provisions, the positioning of a dormer on the front elevation is considered to be acceptable.

Materials Yes (via condition)

The proposed colour scheme and materials are considered to be acceptable, subject to condition to ensure they remain in accordance with the submitted schedule (refer to Condition A4).

1.5 Quality Urban Environment Safety and Security No change No change is proposed the existing security measures at the site. Vehicle Access and Parking

No change No change is proposed to the existing vehicular access and parking at the site.

Site Coverage Landscape Area

No (acceptable on merit)

The level of compliance with the Site Coverage, Landscaped Area and Unbuilt Upon Area provisions are detailed in Table 1 below.

As indicated above, the proposal will retain an existing non-compliance with the minimum landscaped area and the maximum unbuilt upon area requirements. However this non-compliance is considered to be reasonable because the applicant proposes to reduce this level of non-compliance by providing increased soft landscaping at the site. Furthermore, the existing landscape setting of the property, in particular from Harriette Street, will be retained.

Table 1 – Site Coverage and Landscape Area Compliance Site Area: 769.6m2 Existing Proposed Complies Site Coverage (max 35% OR 269.36m2)

264.2m2

(43.3%) 268.96m2

(34.9%) Yes

Landscaped Area (min 45% OR 346.32m2)

183.16m2

(23.80%) 188.27m2 (24.46%)

No

Unbuilt Upon Area (max 20% OR 153.92m2)

322.24m2

(41.87%) 312.67m2

(40.63%) No

Private and Communal Open Space

Yes The proposal will provide well above the required 50m2 of private open space required.

1.6 Efficient Use of Resources Energy Efficiency Yes (via

condition) The applicant has provided a BASIX Certificate in support of the development application. A condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

Relevant Planning Area (North Cremorne) Consideration has been given to Part C of NSDCP 2013 and in particular Section 7 of the Character Statement for the Neutral Bay Planning Area and Section 7.2 for the Neutral Neighbourhood. The proposed works are considered to be generally in keeping with the desired character of the area by maintaining the low residential accommodation at the site. SITE SUITABILITY The site is considered to be suitable for the proposed works. As discussed throughout the report the proposed dormers to facilitate the attic addition are considered to be characteristic within the immediate view catchment of the subject site, with a dormer on the front of the primary façade at No. 16 Harriette Street. The new works will improve the internal amenity for the occupants of the dwelling whilst not materially impacting on ventilation, privacy, views or solar access to the adjoining properties. Furthermore modifications to the exterior of the building through the removal of the painted finish will improve the appearance of the building from the street, restoring its original exterior finish.


Through the recommended conditions of consent, the proposal is considered to be suitable for the subject site. PUBLIC INTEREST The proposal is considered to be in the public interest for the reasons discussed throughout this report. CONSIDERATION OF SUBMISSIONS No submissions were received in response to the notification of the development application. ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report and are considered to be acceptable. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision Yes 5. Traffic generation and Carparking provision Yes 6. Loading and Servicing facilities N/A 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013 and generally found to be satisfactory. The variations to the building height development standard will have no adverse impact on the bulk and scale of the subject building and the development will not have any detrimental impacts on the amenity of the adjoining properties in terms of privacy, solar access or views. The Clause 4.6 Variation submitted in support of this breach is considered to be well-founded and the strict imposition of the above development standard is considered to be unnecessary and unreasonable in the circumstances.


Furthermore, the proposed modifications to the dwelling have been appropriately designed to reflect the style of the existing dwelling and character of the streetscape. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be satisfactory and therefore can be approved. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height, and grant consent to Development Application No. 426/14 for alterations and additions to No. 14 Raymond Road, Neutral Bay, subject to the attached conditions:-

Natalie Moore Robyn Pearson ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS) Stephen Beattie MANAGER DEVELOPMENT ASSESSMENT

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

14 RAYMOND ROAD, NEUTRAL BAY DEVELOPMENT APPLICATION NO. 42614

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

A02 A Plans Turpin Burton Architects 20.02.15 A03 A Elevations, Section Turpin Burton Architects 20.02.15

(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.

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information and to ensure ongoing compliance)

No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

External Finishes & Materials A4. External finishes and materials must be in accordance with the submitted schedule

undated, prepared by Turpin Burton and received at Council on 2 December 2014 unless otherwise modified by Council in writing. (Reason: To ensure that the form of the development undertaken is in

accordance with the determination of Council)

ATTACHMENT TO IPP09 - 04/03/2015 Page 19ATTACHMENT TO IPP09 - 04/03/2015 Page 19

14 RAYMOND ROAD, NEUTRAL BAY DEVELOPMENT APPLICATION NO. 426/14 Page 2 of 17

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

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

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

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

commencement of construction) Structural Adequacy of Existing Building C2. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.

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



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Sediment Control C3. Where construction or excavation activity requires the disturbance of the soil surface

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

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

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

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

construction.

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

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

erosion from development sites) Waste Management Plan C4. 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



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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) Skylight(s) C5. Skylight flashing(s) and frame(s) 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 any Construction Certificate. 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)

Stormwater Disposal C6. Stormwater runoff generated by the approved development must be conveyed by

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

(Reason: To ensure appropriate provision for disposal and stormwater

management arising from the development)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C7. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

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

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



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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).

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) Asbestos Material Survey C8. 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.


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c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

building is not put at risk unnecessarily) Pool Access C9. Access to the pool must be restricted by a child resistant barrier in accordance with the

regulations prescribed in the Swimming Pools Act 1992, and the barrier is to conform to the requirements of the applicable Australian Standard. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the safety of children and make applicant aware of the need

to comply with applicable pool fencing legislation) Security Deposit/ Guarantee Schedule C10. All fees and security deposits/ guarantees in accordance with the schedule below must

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

Security deposit/ guarantee Amount ($) Footpath Damage Bond $1,000.00 TOTAL BONDS $1,000.00

(Reason: Compliance with the development consent)

BASIX Certificate C11. 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. (A202498_02) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.



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(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) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

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

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Commencement of Works Notice

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

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

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

commencement of any building work, demolition or excavation) E. During Demolition and Building Work 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



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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)

Temporary Disposal of Stormwater Runoff E4. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably manage and control runoff as far as the approved point of stormwater discharge. Such ongoing measures must be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Removal of Extra Fabric E5. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith. No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.



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(Reason: To ensure compliance with the terms of this development consent) Dust Emission and Air Quality E6. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

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

emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

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

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration

E7. The works must be undertaken in accordance with the “Interim Construction Noise Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E8. 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) Special Permits E9. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must occur entirely on the property. The developer, owner or builder may apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property. In the event that a permit is granted by Council for the carrying out of works, processes, storage of materials, loading and unloading associated with the



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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.


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

Council’s property

Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.




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

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

Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

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

structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

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

expectations of residents and the community) Installation and Maintenance of Sediment Control E11. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.


erosion from development sites)



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Sediment and Erosion Control Signage E12. 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 E13. 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 E14. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

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

site) Prohibition on Use of Pavements E15. 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)



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Plant & Equipment Kept Within Site E16. 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 E17. 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 E18. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence and removal must be carried out in accordance with National Occupational Health and Safety Commission. (Reason: To ensure works are carried out in accordance with relevant

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

relevant Legislation

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

Building Code of Australia.

(Reason: Prescribed - Statutory)

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

exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:


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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.


Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

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

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

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

must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.

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

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



September 2013 v1

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)

Excavation/Demolition F7. 1) Demolition work must be undertaken in accordance with the provisions of

AS2601- Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage)

Site Sign F8. 1) A sign must be erected in a prominent position on the site

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

b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

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

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.




September 2013 v1

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. 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)

Pool Access G2. Access to the pool must be restricted by a child resistant barrier in accordance with the

regulations prescribed in the Swimming Pools Act 1992, and the requirements of the applicable Australian Standard. The pool must not be filled with water or be allowed to collect stormwater until the installation of the child resistant barrier is completed. Certification from an appropriately qualified person confirming compliance with these requirements must be provided prior to the issuing of any Occupation Certificate.

(Reason: To ensure that any person acting upon this consent is aware of their

obligations under the provisions of the Swimming Pools Act) Pool Safety Requirements G3. A notice must be displayed in a prominent position in the immediate vicinity of the

pool at all times showing:

a) Appropriate instructions of artificial resuscitation methods. b) A warning stating:

(i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS

SWIMMING POOL”, and (ii) “POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and (iii) “KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900

MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”,

Details demonstrating compliance are to be provided with any Occupation Certificate issued for the pool. This notice must be kept in a legible condition and at the poolside. (Reason: To ensure an adequate level of safety for young pool users)



September 2013 v1

Damage to Adjoining Properties G4. 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) Asbestos Clearance Certificate G5. 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) BASIX Completion Certificate G6. 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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North Sydney CouncilCopyr¡ght@ North Sydney Council - No pârt ofth¡s map may be reproducedwilhout permission Conmerciâldæ¡sions should rct be mde based on¡nformL¡on ænteined in th¡s mp withoutf¡ßt chæk¡ng d*ils held by therespons¡bl€ Govsnment authodly.

Fudherdebils €n be obteined by elling (02) 9S36 8100 [email protected].æv.âu.


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.

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20th February,2015

14 RAYMOND ROAD, NEUTRAL BAY

? 3 '"

i:Ë AfíI

This objection has been prepared in relation to a Development

conseni to carry out alterations and additions to No. 14 Raymo

Bay.

The planning control in question is the maximum height of a development

under an environmental planning instrument, the North Sydney LEP 2013'

The maximum height is an aspect of that development. Further the

development stanðard relating to maximum height may be included in sub-

definition (c) of the definition as it relates to height, bulk and external

fornd Rd, Neutral

rds relates to Clause 4.3 oÍ the LEP

o an existing roof exceeds the Height

, "that comPliance with theor unnecessary in the circumstances

of the case" due to the minimal nature of the non compliance'

Environmental Planning lnstrument

The Environmental Planning lnstrument to which this objection relates is the

North Sydney Local Enviroñment Plan 2013, pursuant to which the site is

zoned Medium Density Residential R3 and which permits the use of the site

for a dwelling house.It also relateé to North Sydney Residential Development Control Place 2013'

Clause 4.3 of the LEP states that

.(2) The height of a buitding on any tand is not to exceed the maximum height

sñown for the land on the Height of Buildings Map'

3.0 Specification of Maximum Height a 'development standard'

section a(1) of the Environmental Planning and Assessment Act (1979) ('EPA

/-\f/[,,

"development standards" means provisions of an environmental planning

instrumänt or the regulations in relation to the carrying out of development,

being provisions byãr under which requirements are specified or standards

are fixed in respect of any aspect of that development, including, but without

limiting the generality of ihe foregoing, requirements or standards in respect

of:

(c) the character, location, siting, bulk, scale, Shape, size, height, density,

design or external appearance of a building or work,


appearance. As such the planning control (maximum height) is a development

standard, as defined

4.0 Variation to the Standard

The Development Application proposes to vary the standard to permit a

departure from the maximum building heigh! permit the construction of a new

attic depicted in drawings prepared by Turpin.Burtgn Architects and

accompanying the Development Application submission'

The departure from the development standard is depicted upon drawing 402

of the DA submission.

5.0 Objectives of the development standard

Clause 4.3 of the North Sydney LEP 2013 limits building height. The

objectives of clause 4.3 are:

(a) "to promote development that conforms to and reflects naturallan'dforms, by stepping devetopment on sloping land to follow the naturalgradient,

(b) lo promote the retention and, if appropriate, sharing of existing'ó to'maintain solaraccess to existing dwellings, public reserues andsfreefs, and to promote solar access for future development,

(d) to maintain privacy for residents of existing dwellings and to promoteprivacy for residents of new buildings,

(e) to ensure compatibitity between development, particularly at zone

boundaries,0 to encourage an appropriate sca/e and density of development that is in

accordance with, and promotes fhe character of, an area."

6.0 Justification for Variation of the Standard

This Policy provides flexibility in the application of planning controls operating

by virtue of development standards in circumstances where strict compliancewlth those standards would, in any particular case, be unreasonable or

unnecessary or tend to hinder the attainment of the objects specified insection 5 (a) (i) and (ii) of the Act.

It is unnecessary to comply strictly with the maximum wall height restriction tomeet the objectives in clause 4.3 of the LEP relating to height. Followingcomments apply to the specific objectives set out in clause 4.3 above:

Objective (b) public and private views are not affected by the number ofstoreys;


Objective (c)

Objective (d)

Objective (e)

there is no adverse impact to surrounding solar access;

there is no infringement on privacy of surrounding properties;

the increased height will increase compatibility between

development;

Reducing development height to comply with the maximum height

requiremãnt wouid not havè any affect on views or overshadowing of

adjoining properties.

It is maintained that the development meets the stated objectives of the

standard in this case and strict compliance with the maximum height is

therefore not necessary.

Compliance with the maximum height requirement would be unreasonable in

this iase. Adjacent and nearby properties have been developed and

extended to tñe same or similar bulk and scale of the proposed development

and with greater bulk and height.

By current community standards, the size of house is not excessive' To

reduce the height to comply with maximum height would result in rooms,

being reduced to sub-optimal dimensions, reducing the amenity of the

occu'pants, whilst having no significant effect on the bulk or scale. ln the

circumstances compliance with the maximum height development standard

would be unreasonable.

7.0 Gonclusion

All development standards have been met other than maximum height, and

notwithstanding non compliance with maximum height, objectives of the^^.,i.^nman{al nlanninn ino{rr ¡rraanfc ara rnofçl lvll vl ll I lgl ltçrl ylql ll lll lv ll lelr vr I rvr rrv

Objection should be supported and the development standard varied for the

following reasons:

. Compliance with the development standard is unnecessary given theminor departure from the development standard sought by theDevelopment Application.

. The particular circumstances of this site and the detail of the applicationsubmitted demonstrate that compliance is unreasonable and unnecessaryand that the development satisfies the objective of clause 4.3'

o An assessment of the application having regard to details of theapplication and the locality generally will conclude the proposal satisfiesthe objectives for the development of dwellings in the localitynotwithstanding the minor departure from the development standard.

. Compliance with the code would not significantly reduce the bulk of thebuilding.


. The modest increase in height over the requirement does not preclude a

OuitOing which is in keeping witn the objectives of the code and is not

"*.erñ" and is consistent with the character of the area'

o Compliance with the code is unnecessary to achieve the aims of the

develoPment standard'

It would be both unreasonable and unnecessary to rely on strict compliance in

this case warrants flexibility in the application of the planning control in respect

ðt rnr*¡tum height. I conéider that the consent authority can suppo't 11"ãO¡à.tion and thãt the development can be granted consent on its merits'

Barbara BurtonArchitect


Documents

NO RT H S Y DNE Y CO UNCI L RE P O RT S...• Relocation of the exist ing retaining wall and pool fence in the rear yard to accommodate ... garden. First Floor • Remove the existing