NO RT H S Y DNE Y CO UNCI L RE P O RT S...NO RT H S Y DNE Y CO UNCI L RE P O RT S NSIPP MEETING HELD ON 5/03/14 Attachments: 1. Site Plan 2. Drawings 3. Shadow diagrams REPORT TO THE

Item ____IPP02_______ - REPORTS -______5/03/14_________

N O R T H S Y D N E Y C O U N C I L R E P O R T S

NSIPP MEETING HELD ON 5/03/14

Attachments: 1. Site Plan

2. Drawings 3. Shadow diagrams

REPORT TO THE GENERAL MANAGER ADDRESS/WARD: 27 Emmett Street, Crows Nest (W) APPLICATION No: DA 388/13 PROPOSAL: Alterations and additions to dwelling including first floor addition

and landscape works PLANS REF: Drawings numbered DA.02 to DA.06, dated 21/1/14, drawn by

Luchetti Krelle, and received by Council on 21/1/14 OWNER: Natasha Miller APPLICANT: Natasha Miller AUTHOR: Susanna Cheng, Senior Assessment Officer DATE OF REPORT: 20 February 2014 DATE LODGED: 1 November 2013

AMENDED: 21 January and 10 February 2014 SUBMISSIONS: Two RECOMMENDATION: Approval

Report of Susanna Cheng, Senior Assessment Officer Page 2 Re: 27 Emmett Street, Crows Nest

EXECUTIVE SUMMARY This development application seeks approval for alterations and additions to a dwelling including a first floor rear addition, and is reported to NSIPP for determination due to variation to Council’s controls relating to building height. The proposed building height of 6.2m exceeds the maximum height control of 5.5m for small lots by 13%. The extent of the breach will be greatest in the area of the rear roof plane; however, the majority of the rear addition will be 5.6m in height, which is considered to be a relatively minor variation of the development standard. The first floor addition will be wholly contained within the existing building footprint and comply with the minimum setback provisions in the DCP. Owner’s consent from the adjoining property at No.29 Emmett Street has been provided, consent to works affecting the common party wall. The dwelling will maintain a single-storey presentation to Emmett Street and will not have any adverse impacts on the streetscape or the conservation area. The bulk and scale of the rear addition has been minimised by means of a contemporary roof design that steps down from and behind the existing main roof. The works will not result in any material impacts on surrounding development. Adjoining dwellings will maintain adequate solar access to main living areas, and sufficient setbacks have been provided for the new openings on first floor level. Council’s notification of the proposal has attracted two submissions raising particular concerns about building height and character, privacy, solar access and notification documentation. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. Substantiated issues may be addressed by way of conditions. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions.

Report of Susanna Cheng, Senior Assessment Officer Page 3 Re: 27 Emmett Street, Crows Nest LOCATION MAP

Property/Applicant Submittors - Properties Notified


DESCRIPTION OF PROPOSAL The proposal is for alterations and additions to a dwelling, including some internal reconfiguration at ground level, demolition of part of the rear of the dwelling, construction of a new first floor rear addition, and a side dormer which is to be partly contained within the original roof. The proposal also includes the replacement of the existing front double window with French doors.

Figure 1 – Proposed rear addition

STATUTORY CONTROLS NSLEP 2013

• Zoning – R2 Low Density Residential • Lot size – 230m2 • FSR – None specified • Height – 5.5m • Item of Heritage – No • In Vicinity of Item of Heritage – No • Conservation Area – Yes (CA09 Holtermann Estate C) • FSBL – No

Environmental Planning & Assessment Act 1979 SEPP No. 55 – Contaminated Lands SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS NSDCP 2013 DESCRIPTION OF LOCALITY The site is located on the southern side of Emmett Street. It site is rectangular in shape with a frontage of 6.1m, depth of 35.1m, and site area of 214.2m2. The land is relatively flat. The site is occupied by a single storey brick semi-detached dwelling, one of an identical pair with corrugated iron hipped main roof and single-storey rear extension (Figures 2 & 3). The front and rear yards are predominantly paved and there is a high masonry fence at Emmett Street.


Figure 2 – Semi-detached dwelling Figure 3 – Rear of dwelling

Surrounding development generally comprises single and 2-storey freestanding and semi-detached dwellings (Figures 4 & 5).

Figure 4 – Dwellings east of site Figure 5 – Dwellings west of site

RELEVANT HISTORY Previous DAs Approval was granted for DA1505/95 on 11/12/95 for alterations and additions to a dwelling, including a rear ground floor extension. DA rejected DA373/13 for alterations and additions to a dwelling was lodged on 24/10/13 and rejected by Council on 31/10/13 for lack of owners consent from No.29 Emmett Street in relation to works to a party wall and shared roof elements. The subject DA is generally the same as the rejected DA; however, the current DA includes relevant owner’s consent. Subject DA On 29/11/13 Council requested amendments to the proposed side dormer in order to reduce heritage impacts, and additional information relating to privacy, shadows, energy efficiency, and boundary wall treatment.


During December and January, various dormer designs were provided to Council for comment, prior to formal relodgement of documentation on 21/1/14 & 10/2/14. REFERRALS Building The proposal would have to comply with the Building Code of Australia. A condition can be imposed to ensure compliance with the BCA. Council’s Senior Building Surveyor has advised that the proposed operable skylights for the attic/study comply with the BCA requirements for light and ventilation, and that the garden pond will not require fencing under current regulations. Engineering The proposal was referred to Council’s Development Engineer who has recommended standard conditions of consent. Landscape The proposal was discussed with Council’s Landscape Development Officer who advised the landscape plan is satisfactory, and recommended standard conditions to protect street trees. Heritage The application was referred to Council’s Conservation Planner who has identified the property as a contributory item, being a good example of Late Victorian Filigree style residence, within the Holtermann Estate C Conservation Area. The dwelling remains largely intact at the front but has been modified at the rear. The property is within a group of almost identical semi-detached dwellings at No's. 27 to 37 Emmett Street built by the same builder. No’s. 42 to 48 Emmett Street opposite are similar, but have earlier style sandstone rather than rendered sills, and chimneys to the sides of the house, rather than centrally located. An assessment of the proposed works has been undertaken in terms of clause 5.10 (Heritage Conservation) of NSLEP 2013 and section B13 (Heritage and Conservation) of NSDCP 2013, and advice provided as follows:

Preliminary advice

A preliminary assessment of the proposal, as originally submitted, was undertaken on 21/11/13, and the following comments were made:

The majority of the first floor addition has generally been located below and behind the original roof form, in order to limit its visibility, and the addition is generally acceptable. However, the part of the addition that is attached to the side of the original roof is not supported in its current form. This part of the addition would be visible from the street, and would be an uncharacteristic element in the streetscape.


It is requested that the applicant consider a traditional dormer in this location, instead of the proposed eyelid roof form, in order to reduce the heritage impact of the proposal. The dormer would also assist in blocking views of the new contemporary roof form from the street, further reducing the heritage impact of the proposal.

Amended design

In response to these and other planning comments, a number of changes were made to the design of the roof form, in order to retain more of the original roof and limit visibility from the street. The following heritage comments were provided on the amended plans received on 21/1/14:

The amended design generally addresses the concerns raised in relation to the heritage impact of the original proposal. The eyelid dormer has been replaced by a traditional dormer, located to the rear of the original roof. The original roof form is retained largely intact. The new dormer also assists in blocking views of the highly contemporary rear roof form from the street. The proposal, as amended, is considered acceptable on heritage grounds, as the addition is located behind and below the existing ridge line, and has limited visibility from, or impact on the streetscape. The contemporary form of the addition is acceptable as it clearly distinguishes the new work and has been amended to ensure it is not highly visible from the street.

Conclusion and recommendations

The Conservation Planner concluded that the proposal will have a limited impact on the character and significance of the Holtermann Estate Conservation Area, and accordingly, no objections are raised to the proposal on heritage grounds. In particular:

No objections are raised to the internal works as these will not impact on the contribution of the building to the conservation area. The proposed addition is generally located at the rear of the contributory item, and has limited impact on its original, significant form. The addition has largely been located behind and below the original roof. Although highly contemporary in form, the addition has been amended, through the introduction of a traditional dormer, to ensure limited visibility from the street. The proposal to replace the existing window to the significant front elevation with French doors is acceptable in this situation, as the French doors have been traditionally detailed and are largely hidden from view by the high front fence. Accordingly, no objections to the proposal are raised on heritage grounds, as the development would not have a detrimental impact on the Conservation Area.

Standard and site-specific conditions are recommended.


SUBMISSIONS The owners of adjoining properties and the Hayberry Precinct were notified of the proposed development for a 14-day period, between 15 & 29 November 2013 in accordance with section 4 of NSDCP 2013. The notification resulted in two (2) submissions, which are summarised below. The amended drawings received in 2014 were not re-notified, in accordance with section A4.5 of the DCP. The amendments were considered to have the same, comparable or lesser impacts, on adjoining developments as the original (advertised) scheme, particularly in respect of bulk and scale, overshadowing and privacy. Basis of Submissions • In the event that there is someone standing at the back window they would be able to see directly

into our garden and the living area at the back of our home. Despite the fact that the diagram seems to indicate that a person of 160cm would not be able to see out the window this is unrealistic given that the average height of an Australian male is currently over 175cm. We request the height of the window be raised to above 200cm; alternatively, the plans be amended to skylights rather than windows.

• Development does not comply with the height restrictions. • The sun is completely gone from the top half of the windows on the east side of our home by

12pm; existing mould and damp due the limited available sunlight for several months of the year • Privacy: unable to determine sill height of WD.09 [master bedroom], glass type and sightlines to

our property; the skylights are not dimensioned and should be of a height that will not allow viewing back into our property; the windows WD.4, 5 & 6 to the lower storey of the stair well is requested to be obscure glass and/or include permanent external privacy screens

• Whether the contemporary upper level is sympathetic to the character of the building and area • Notification plan is unclear about the building envelope, including RLs and the [building height]

plane is not dimensioned

CONSIDERATION The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: NORTH SYDNEY LEP 2013 1. Permissibility within the zone The site is identified under the LEP as being included within the R2 Low Density Residential zone. The proposal for the purpose of a dwelling house is permissible in the zone. Demolition is permissible with consent, pursuant to clause 2.7 of the Plan.


2. Residential Zone Objectives It is considered that the development satisfies the specific aims of the plan and the objectives of the R2 Low Density Residential zone contained in clause 2.8 of NSLEP 2001. In particular, the development will provide for a high level of amenity while maintaining a low density residential environment, as discussed in this report. 3. LEP 2013 Compliance The application has been assessed against the principal development standards controls in NSLEP 2013 as indicated in the following compliance table. More detailed comments with regard to non-compliances are provided later in this report.

STATUTORY CONTROL – North Sydney Local Environmental Plan 2013 Site Area – 214.2m² Existing Proposed Control Complies Principal development standards Minimum subdivision lot size (Cl.4.1) 214.2m² No change 230m² Yes (No

change) Height of buildings (Cl.4.3) (max)

• Cl.4.3(2A) street elevation in R2 zone 6.2m 6.2m (side dormer*)

5.5m No • Cl.4.3(2B) lots <

230m2 6.2m 6.2m (rear addition)

FSR (Cll.4.4 & 20) - - None specified N/A * comprising part of true street elevation

4. Height of building The existing and proposed building height of 6.2m exceeds the building height limit of 5.5m provided for in NSLEP 2013, being a variation of 12.7%. The breach of clause 4.3(2A) pertaining to street elevation height is attributable to the new side dormer which forms part of the street elevation as drawn in true elevation. The breach of clause 4.3(2B) pertaining to small lots is attributable to the rear first floor addition. The applicant has submitted a written request seeking to vary the development standard, pursuant to clause 4.6 of NSLEP 2013. The proposed variation has been assessed against the requirements of clause 4.6 and the objectives of the control, as discussed below:

(a) To promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient. The development conforms to the generally flat topography of the site.

(b) To promote the retention and, if appropriate, sharing of existing views. There are no views of any significance identified that may be affected by the development.


(c) To maintain solar access to existing dwellings, public reserves and streets, and to promote solar access for future development. The development will not result in any material shadow impacts on the east-adjoining dwelling at No.27 Emmett Street. Some minor additional shadowing will occur from noon on 21 June on the adjoining rear yard; however, most shadows will fall on building structure or within existing shadow fall. The development will, however, result in the loss of midwinter morning light from the main living area windows of No.25 Emmett Street (Figure 6).

Figure 6 – Proposed midwinter morning shadows at 9am on No.25 Emmett Street

In midwinter, the affected windows have access to direct sunlight only in the morning and are generally in shadow in the afternoon. Nevertheless, the proposed shadow impacts are not assessed to be material and it is considered that a reasonable level of solar amenity will be maintained to the adjoining dwelling despite the height variation, on the balance of the following considerations: • Solar access to the rear open plan living area is obtained predominantly

from the primary orientation of this space to the rear yard, via full width bi-fold glazed doors, a large clerestory window and skylight (Figure 7), with the side windows providing secondary light access;


Figure 7 - Glazed doors, clerestory window, and skylight provide

primary solar access to No.25 Emmett Street

• The affected openings are windows adjacent a side boundary at ground level within a closely built context, for which there is a lower expectation of maintaining solar access; and

• The shadow impacts are largely attributable to that part of the rear addition that exceeds the height limit by 0.1m, and a height compliant scheme would have similar impact.

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

for residents of new buildings. The development will not give rise to any adverse visual or acoustic privacy impacts by virtue of any breach of the height control, noting that the proposed first floor window openings are within the height limit. Privacy is discussed in the DCP Compliance Table in this report.

(e) To ensure compatibility between development, particularly at zone boundaries. The proposal is compatible with the surrounding residential area and will not result in any material amenity impacts on adjoining development, as discussed in this report.

(f) To encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area. The first floor addition will be within the existing building footprint, generally contained within a roof form that is set back from the main and side roof planes and stepped down at the rear to 5.6m, being a minor 0.1m breach of the height limit (Figure 8).


Figure 8 – Section showing extent of the height variation

The scale of the proposed addition is comparable to a number of recently approved first floor additions in the street, including at No.52 Emmett Street (DA366/13) and No.56 Emmett Street (DA201/13), noting however that the latter has a side laneway frontage (Figures 9 & 10).

Figure 9 – Approved rear addition

at No.52 Emmett Street Figure 10 – Approved rear addition at No.56 Emmett Street (side

elevation to Bernard Lane)

The character of the streetscape and conservation area will be maintained as the contemporary addition will be located at the rear, partially obscured from the street by the new dormer positioned in a manner that would allow for retention of the side roof plane, with an adequate setback from the front roof plane so as to have minimal impacts on the dwelling at street elevation, and with a comparable view line to the first floor addition at No.33 Emmett Street (Figure 11).


Figure 11 –Sightlines from the street to the new additions, comparable to No.33 Emmett St On the balance of the above, it is considered that there are sufficient environmental planning grounds to justify contravention of the development standard. A better outcome would be achieved for the development by allowing flexible application of the control, particularly in terms of floor to ceiling heights on the first floor, without any material impacts on adjoining properties. The objectives of the height control would be achieved despite the variation and it would be unreasonable to require compliance in the circumstances of the case. 5. Heritage conservation As discussed in the Heritage Referral section in this report, Council’s Conservation Planner has advised the development is satisfactory in terms of clause 5.10 Heritage Conservation of NSLEP 2013. The environmental heritage and significance of the Holtermann Estate C Conservation Area will be conserved, subject to conditions. 6. Earthworks Clause 6.10 of NSLEP 2013 seeks to ensure that earthworks will not have any detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land. The development will generally maintain existing ground levels and not involve any earthworks that would likely disrupt drainage patterns or soil stability, or have any adverse impacts on the amenity of adjoining properties.


SEPP 55 and Contaminated Land Management Issues The provisions of SEPP 55 require Council to consider the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site. Given the residential history of the site, it is unlikely to be any issues of soil contamination that would require remediation. 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 development is not visible from the Harbour, and will thus not have any detrimental impact on the character or scenic quality of foreshores and waterways. NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013 The proposal is generally consistent with section B1 of the DCP relating to residential developments and section C3.0 & C3.6 being the Character Statement for the Holtermann Estate C Conservation Area within the St Leonards/Crows Nest Planning Area, as discussed in the DCP Compliance Table below.

DEVELOPMENT CONTROL PLAN 2013 Residential development Complies Comments B1.2 Social amenity Population mix Maintaining residential population

Yes Residential accommodation and mix will be maintained.

B1.3 Environmental Criteria Topography Yes The relatively level topography will be maintained.

Views Yes The development will not affect any significant views.

Solar access Yes Reasonable access to sunlight and daylight will be maintained

for adjoining dwellings, as discussed above in the Building Height section in this report.

Acoustic privacy Yes The windows on the first floor will not likely generate any adverse noise impacts as they are associated with bedrooms bathroom and a stair.

Visual privacy (Windows)

Yes The proposed windows will maintain a reasonable level of visual privacy, considered as follows:


DEVELOPMENT CONTROL PLAN 2013 Residential development Complies Comments

Figure 12 – Rear first floor window will

be 11m from the rear fence

• The first floor window at the south western corner will have an internal sill height of 1.6m, which meets the provision for a 1.5m sill height under section B1.3.10 P4 of the DCP, and is adequate for the proposed bedroom use, having regard to the following: - the window will be set back 2.6m from the western

side boundary, with limited sightlines to the vertical and narrow windows on the ground floor of the adjoining dwelling at No.25 Emmett Street; and

- the window will be set back 11m from the southern rear boundary with No.34 Myrtle Street, and part of the sightline into the rear open space of the neighbour will be obstructed by a fence and shed (Figure 12).

• The first floor side dormer window will be set back 1.7m from the western side boundary, associated with a small bedroom use, with limited sightlines to the vertical and narrow bedroom windows located at the ground floor of the adjoining dwelling at No.25 Emmett Street.

• The side courtyard kitchen window will not give rise to any significant visual privacy impacts as it will be located at ground level facing a fence.

• The side courtyard windows to the stairs may potentially increase overlooking opportunities to the adjacent bathroom at No.25 Emmett Street; a condition is recommended for frosted glass to be used at this location.

• The skylights above the stairs, bathroom, hallway and study will have view lines to the sky. The lower skylight of the attic study will be set back 2.7m from boundary with view lines generally to the roof of No.25 Emmett Street.

Visual privacy (Decks, patios & terraces)

Yes The proposed timber platform in the rear garden will be approximately 200mm above the ground, and approximately 200mm lower than the existing rear pond and decking (Figure 13). The platform will not likely give rise to any unreasonable privacy impacts as it will be sufficiently below the side and rear boundary fences, within a soft landscaped setting, and secondary to the main paved patio.



Figure 13 – Timber deck will be approximately 200mm lower than existing rear decking

B1.4 Quality built form Context Yes The proposal is an appropriate response to the constraints and

characteristics of the site; in particular, the additions are located below and behind the original roof and setbacks have been provided at first floor level to reduce privacy impacts.

Subdivision pattern Siting

Yes The semi-detached house on a long narrow lot will be maintained.

Setbacks Yes Western side setback The proposed side setbacks from the western boundary comply with the requirements of the DCP, as follows: Min. Proposed Complies 1st storey (up to 4m) 900mm 945mm to 1.7m Yes

2nd storey (up to 7m)

1.5m 1.7m to 2.6m Yes


DEVELOPMENT CONTROL PLAN 2013 Residential development Complies Comments Setbacks (continued)

Yes Eastern side setback The proposed zero side setback from the eastern boundary is supported pursuant to section B1.4.6 P3 of the DCP and in accordance with the planning principle of the Land & Environment Court in Galea v Marrickville Council, discussed as follows: (a) Is the street characterised by terrace housing? The

subject dwelling and street is characterised by semi-detached housing.

(b) What is the height and length of the wall on the boundary? The boundary wall on the first floor will terminate 1.2 to 1.6m short of the existing boundary wall at ground level, and its height has been limited to the extent necessary to accommodate a minimum 2.4m internal head height for the upstairs bedroom;

(c) Has the applicant control over the adjoining site(s) or the agreement of their owners? Written agreement from the adjoining semi-detached (No.29 Emmett Street) has been obtained, subject to minimisation of the works and relevant Council requirements;

(d) What are the impacts on the amenity and/or development potential of adjoining sites? The boundary wall will not fetter future development of the adjoining land, as it adjoins the neighbouring roof and no boundary windows are proposed.

(e) Are there arrangements in place for the maintenance of the wall or gutters? Maintenance will be minimal by virtue of the selection of rendered brick for the boundary wall and roof drainage into the subject site.

Yes Rear setback

The existing rear building line at ground level

will be maintained, which aligns with the established rear building line of adjoining properties (Figure 14), in accordance with section B1.4.6 P5 of the DCP.



Figure 14 – Established ground level rear building line

However, there is no established rear building line at first floor level

, with adjoining dwellings being predominantly single storey with the exception of No.33 Emmett Street (refer to Figure 14).

In the absence of an established rear building line, reference is made to the character statement for the Holtermann Estate C, which states at section C3.6.5 P4 that rear extensions are to be located within a single storey roof line of reduced height and scale to the main dwelling. It is considered the development is consistent with the character statement as the first floor addition will generally maintain a single storey roof line, with habitable spaces accommodated within a contemporary asymmetrically shaped roof design, with the roof line stepped down at the rear generally below or comparable to the roof lines of the subject and adjoining dwellings, as shown in Figures 15 & 16.



Figure 15 – Contemporary roof design at or below subject and adjoining roof lines

Figure 16 – Proposed roof line compared to west-adjoining dwelling No.25 Emmett Street Form, massing & scale Yes The height of the rear addition has been minimised and will

be below the existing single-storey main roof line. The rear addition and side dormer will be sufficiently set back so as to generally maintain the single-storey streetscape of Emmett Street. The size of the proposed development is consistent with and not significantly larger than existing and approved dwellings in the area, as discussed in the Building Height section in this report.

Built form character Yes The design is complementary to the existing character of the dwelling and locality. The side dormer and additions will be toward the rear of the building and not generally visible from the street. The proposed replacement of the window at the front elevation with vertically proportioned French doors is sympathetic to the character of building and is satisfactory to Council’s Conservation Planner.

Dwelling entry Yes No change is proposed to the existing front gate.

Roofs Dormers

Yes The original roof will remain largely intact; in particular, the front roof plane will be retained and the side dormer has been amended to allow for retention of the side roof plane and chimney (Figure 17).



Figure 17 – Retention of roof planes

The dormer is of a traditional design and sufficiently set back from the street, to the satisfaction of Council’s Conservation Planner, and will not give rise to any material privacy impacts, as discussed in the Visual Privacy section in this Table. The roof of the rear addition will be below the existing ridge height and its profile reduced so as to minimise bulk, scale and shadow impacts. Its contemporary design will clearly distinguish it as new works, which is satisfactory to Council’s Conservation Planner.

Colours & materials Yes The materials selection, including rendered brick, weatherboard cladding and metal roof, generally reflect and reinforce the character of the conservation area. The French doors at the front elevation and side dormer visible from the street, will be required to be timber-framed via condition, as recommended by Council’s Conservation Planner.

Front fences Yes No changes are proposed to the high masonry front fence which has existed since at least 1995 (as evidenced by a stamped drawing for DA1505/95). While desirable to replace the front fence with a traditional low fence that would return visual connection between the site and the street, it is beyond the scope of the current application to require its replacement.

B1.5 Quality urban environment High quality residential accommodation

Yes A high level of internal amenity will be provided, by virtue of improved access from the front living room to the front courtyard, natural daylighting of the rear living area by glazed doors and roof lights, and windows to both upstairs bedrooms.

Lightwells & ventilation Yes The proposed operable skylights for the attic/study meet the requirements of the BCA for light and ventilation.

Safety and security Yes No change is proposed to existing fencing and front gate.

Vehicular access & car parking

Yes There is no car parking on site and none is proposed.

Site coverage Yes The development will result in a minor increase in site coverage, attributable to the removal of the existing side alcove and its replacement with a smaller alcove forming part of the proposed landscaped side courtyard. The proposed site coverage complies with the DCP, as follows: Control Existing Proposed Complies

60% (128.5m2) (max)

48.7% (104.4m2)

49% (104.9m2) Yes


DEVELOPMENT CONTROL PLAN 2013 Residential development Complies Comments Landscape area No The proposed landscaping does not comply with the numeric

requirements in the DCP, as shown below: Control Existing Proposed Complies

Land-scape area

20% (42.8m2) (min)

4.3% (9.3m2)

18.5% (39.6m2) No

Unbuilt upon area

20% (42.8m2) (max)

45% (96.3m2)

32.4% (69.5m2) No

The development is nevertheless considered to be satisfactory as it will provide a substantial improvement to the landscape setting for the dwelling and will meet the objectives of the provision despite the numeric variations, on the balance of the following considerations: (a) Existing site density will be maintained, with the

proposed site coverage remaining significantly below the maximum allowable for the site;

(b) The landscape area shortfall is relatively minor at 1.5% or 3.2m2 and the proposed soft landscaping is a significant improvement on the existing predominantly paved situation;

(c) The variation of the unbuilt upon area of 12.4% or 26.7m2 is approximately equivalent to the combined areas of the rear patio and timber platform which form part of an integrated landscape design that will improve the functionality of the landscaped rear garden;

(d) The visual and acoustic buffering between dwellings will be improved by significantly increased perimeter plantings;

(e) Soft landscaping will be substantially increased compared to existing; the selection of an evergreen shade tree in the rear yard will allow for adequate light penetration, and its setback from boundaries will minimise any amenity impacts on neighbours;

(f) Landscape works will generally be at existing levels and involve minimal site disturbance;

(g) Rainwater absorption will be increased by virtue of the reduction in paving, increase in vegetation and use of pervious surfaces such as timber decking and unit pavers on pebbles/mulch; and

(h) Existing levels will generally be maintained and the development will not impact on any underground water flows.

Excavation Yes The development will generally maintain existing levels and

involve minimal earthworks. Conditions are recommended to ensure the structural integrity of adjoining sites.

Landscaping Yes The proposed landscaping is appropriate to the site.


DEVELOPMENT CONTROL PLAN 2013 Residential development Complies Comments Front gardens Yes Additional soft landscaping will be provided in the front

courtyard. A feature tree (frangipani) will be visible above the high front fence when mature.

B1.6 Efficient use of resources Energy efficiency Yes A BASIX Certificate has been submitted.

Passive solar design Yes Adequate solar access to the rear open plan living area will be

obtained via full-width patio doors, roof lights and a kitchen window.

Thermal mass and insulation

Yes BASIX commitments include wall and roof insulation.

Natural ventilation Yes Natural ventilation will be provided to living areas and bedrooms. The first floor bathroom and attic/study will have operable skylights.

Colours & materials Yes Light colours and durable materials will be used.

Hotwater systems Yes The installation of a gas instantaneous hot water system is a BASIX commitment.

Water conservation Yes Bathroom fixtures will be required in accordance with the BASIX Certificate.

Stormwater management Yes The development will significantly increase soft landscaping, and the proposed unbuilt upon areas will include pervious treatments such as timber decking, unit pavers and stepping stones through pebble mulch.

Waste management & minimisation

Yes Durable construction materials have been specified.

ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision Yes 5. Traffic generation and Carparking provision N/A


6. Loading and Servicing facilities N/A 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 SUBMITTORS CONCERNS The issues raised in the submissions are addressed below. (a) Height and character

Comment

: Non-compliance with the height control is supported in this case on merit in accordance with Council’s LEP. The variations will occur at or below the existing main roof ridge and behind the front and side roof planes. The contemporary rear addition will be set back in accordance with the DCP, partially obscured by a traditional dormer, so as to have minimal visibility and impact on the streetscape or conservation area.

(b) Privacy Comment

: The proposed 1.6m sill height of the rear and west-facing first floor window meets the minimum 1.5m sill height provision in the DCP, and is a reasonable height in consideration of the bedroom use and adequate set backs from the rear and side boundaries.

The privacy impacts of the double height window adjacent the stairs will be reduced by plantings in the side courtyard; however, the impermanence of landscaping is recognised, and as such, a condition is recommended that obscure glazing be used for the window. The kitchen window at ground level and skylights will have very limited sightlines to adjoining properties and are assessed to have minimal privacy impacts.

(d) Solar access Comment

: The proposed shadows on the upper portions of the side windows of the adjoining property are not, on balance, assessed to be material. In particular, the affected windows are the side or secondary windows to an open plan living area which otherwise receives excellent daylight access via full width bi-fold doors to the rear garden, and a large clerestory window and skylight above. Furthermore, the shadow impacts are attributable to a relatively minor breach of the height control, and would be similar to the impacts of a height-compliant scheme. The impacts do not arise from a poor design; the addition will be within the existing building footprint and maintain a compliant set back from the side boundary.

The development will maintain the existing building footprint and adequate daylight access and air circulation in the area of the western side setback, and as such, unlikely to create or exacerbate any rising damp conditions on the subject or neighbouring properties.


(b) Documentation Comment

: The notification documentation is in accordance with section A4.4.4 of North Sydney DCP 2013, including the notification plan which provides a description of the development, and instructions for inspection of full DA documentation.

CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013. The variation to the building height control is justifiable in the circumstances of the case as the development will improve residential amenity, have no material adverse impacts on adjoining properties, and will not adversely impact on the streetscape or conservation area. The issues raised by the submittors have been addressed in the report. 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) A. THAT the North Sydney Independent Planning Panel, under the delegation of the

General Manager as the consent authority, assume the concurrence of the Director General to the provisions of Clause 4.3(2A) and 4.3(2B) of North Sydney Local Environmental Plan 2013, and grant consent to Development Application No. 388/13 for alterations and additions to a dwelling subject to the attached standard conditions and following site specific conditions:-

Timber Framed windows and doors C21. The French doors to the front facade, and windows to the dormer, are to be timber

framed, with a paint finish. No approval is given for metal framed windows in these locations. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To ensure the use of materials consistent with the character of the

Conservation Area) Weatherboard profile C22. The weatherboards are to be natural timber or 16mm compressed material

weatherboards with traditional profile and deep shadow lines, with paint finish.


The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To ensure the use of materials consistent with the character of the

Conservation Area) Service adjustment E20. 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. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To ensure the service requirements are met)

Susanna Cheng David Hoy SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS Geoff Mossemenear ACTING MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

27 EMMETT STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 388/13

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 B Site / Roof Plan Luchetti Krelle 21/1/14 DA.03 B Ground Floor & First Floor Plan Luchetti Krelle 21/1/14 DA.04 B North & South Elevations Luchetti Krelle 21/1/14 DA.05 B East & West Elevations Luchetti Krelle 21/1/14 DA.06 B Sections Luchetti Krelle 21/1/14

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

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

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.

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

accordance with the determination of Council, Public Information and to ensure ongoing compliance)

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

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

ATTACHMENT TO IPP02 - 5/03/14 Page 26

27 EMMETT STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 388/13 PAGE 2

September 2013 v1

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

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

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

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

commencement of construction) Dilapidation Survey Private Property (Neighbouring Buildings) C2. A photographic survey and dilapidation report of adjoining properties No’s. (25 & 29

Emmett Street, Crows Nest 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.



September 2013 v1

In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: Proper management of records)

Structural Adequacy (Semi Detached and Terrace Buildings) C3. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining property No. 29 Emmett Street, Crows Nest which certifies its ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

Under no circumstances shall the party or common wall be extended or altered without the prior written consent of the adjoining owner. Any such extension of the party wall shall be noted on title by way of appropriate easement or Section 88B instrument.

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

properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C4. A report prepared by an appropriately qualified and practising structural engineer,

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

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



September 2013 v1

Sediment Control C5. 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 C6. 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



September 2013 v1

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) Colours, Finishes and Materials (Conservation Areas) C7. The finishes, materials and exterior colours shall be complimentary to the

architectural style of the original building and sympathetic to the character of the Conservation Area. A schedule of finishes, materials and external colours shall 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 prior to the release of the Construction Certificate.

(Reason: To ensure that the completed colours, finishes and materials are

complementary to the Conservation Area.) Skylight(s) C8. 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)

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

properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

materials does not occur as a result of the development)



September 2013 v1

Stormwater Disposal C10. 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)

Stormwater Management and Disposal Design Plan – Construction Issue Detail C11. Prior to issue of any Construction Certificate, a site drainage management plan must

be prepared by a qualified drainage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage requirements, Councils Engineering

Performance guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved dwelling must be conveyed in a controlled manner by gravity to Council’s system via existing stormwater lines.

c) The stormwater drainage system shall be designed for an average recurrence interval (A.R.I.) of 1 in 20 years.

d) Prevent any stormwater egress into adjacent properties.

A site drainage management plan which complies 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 controlled stormwater management and disposal without

nuisance) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C12. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $1,500.00 to be held by Council for the payment of cost for any/all of the following:



September 2013 v1

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).

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) Tree Bond for Public Trees C13. Prior to the issue of any construction certificate, security in the sum of $3,000.00 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).


http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#environment�

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#control�


September 2013 v1

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

1 x Crepe Myrtle Tree growing in front of the site on Emmett Street

(Reason: Protection of existing environment public infrastructure, community

assets and significant trees) Asbestos Material Survey C14. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following: a) the removal of asbestos must be undertaken by a WorkCover licensed

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

WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

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

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

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

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

building is not put at risk unnecessarily)



September 2013 v1

Air Conditioners in Residential Premises C15. 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:

(b) 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

(c) 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)

Garden Pond Pump on Residential Premises C16. The Certifying Authority must be satisfied that any garden pond pump installed on the

premises 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 8.00pm on any Sunday or Public Holiday; or

(ii) before 7.00am or after 8.00pm on any other day

(d) 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 shall be applied.





September 2013 v1

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.

Details demonstrating compliance with the requirements of this condition must be submitted to the Certifying Authority prior to the issue of the Construction Certificate. (Reason: To maintain residential amenity)

Privacy C17. The following privacy devices are to be provided:

a) Obscure or frosted glazing shall be used for window WD.06 on the western elevation, adjacent the internal stairwell, to the extent of the uppermost portion of the window, extending 1m vertically down from the topsill/top of frame.

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 an adequate level of privacy is provided to adjoining

property located at No.25 Emmett Street)

Garden Pond Filter C18. Any pond filtering equipment must be encased by a soundproof cover and located at

ground level. Plans and specifications, as relevant, 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 noise generated by equipment does not result in offensive

noise) Security Deposit/ Guarantee Schedule C19. 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) $3,000.00 Footpath Damage Bond $1,500.00 TOTAL BONDS $4,500.00

(Reason: Compliance with the development consent)



September 2013 v1

BASIX Certificate C20. 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. A173316 for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements) Timber Framed windows and doors

C21. The French doors to the front facade, and windows to the dormer, are to be timber

framed, with a paint finish. No approval is given for metal framed windows in these locations.

The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.

(Reason: To ensure the use of materials consistent with the character of the

Conservation Area)

Weatherboard profile

C22. The weatherboards are to be natural timber or 16mm compressed material weatherboards with traditional profile and deep shadow lines, with paint finish.


(Reason: To ensure the use of materials consistent with the character of the

Conservation Area) D. Prior to the Commencement of any Works (and continuing where indicated) Asbestos Material Survey

D1. Prior to the commencement of any works, a report must be prepared by a suitably

qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination.



September 2013 v1

Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following: a) the removal of asbestos must be undertaken by a WorkCover licensed

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

WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

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

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

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

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

building is not put at risk unnecessarily) 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)



September 2013 v1

Parking Restrictions

E2. Existing public parking provisions in the vicinity of the site must be maintained at all times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not

compromised during works) Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

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

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

(Reason: Stormwater control during construction)



September 2013 v1

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.

(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)



September 2013 v1

No Removal of Trees on Public Property E9. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets) Special Permits E10. 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.


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. (Reason: Proper management of public land)



September 2013 v1

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 E11. 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.

a) “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)



September 2013 v1

Out of Hours Work Permits E12. Where it is necessary for emergency 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 emergency works outside of the approved hours. If a permit is issued the development must be carried out in accordance with any requirements of the permit. A permit and shall only be approved if public safety or convenience is at risk. Any further variation shall require the lodgement and favourable determination of a modification application pursuant to 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) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

3) It is recommended that applications for permits be lodged as early as possible to allow sufficient time for determination by Council and avoid disruption or delay due to conflicting priorities.

4) Permit Emergency for such occurrence shall be limited to two occasions per calendar month

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

expectations of residents and the community) Installation and Maintenance of Sediment Control

E13. Erosion and sediment controls must be installed and maintained at all times in accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.

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

erosion from development sites) Sediment and Erosion Control Signage E14. A durable sign, must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.


http://www.northsydney.nsw.gov.au/�


September 2013 v1

(Reason: To protect the environment from the effects of sedimentation and erosion from development sites)

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

amenities which satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements, must be provided and maintained at all times. The type of work place determines the type of amenities required.

Further information and details can be obtained from the Internet at www.workcover.nsw.gov.au

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

site) Health and Safety E16. All work undertaken must satisfy applicable occupational health and safety and

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

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

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

site) Prohibition on Use of Pavements E17. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to this effect must be erected adjacent to the street alignment.

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

Waste Disposal E18. 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)



September 2013 v1

Asbestos Removal E19. 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). Service adjustment

E20. 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)

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:



September 2013 v1

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

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

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

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

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

2) If arrangements for doing residential building work are changed while the work is in progress such that the information submitted to Council in accordance with this conditions is out of date, work must cease and no further work may be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

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

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

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

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

Construction Certificate

F4. Building work, demolition or excavation in accordance with the development consent must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.





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) Commencement of Works

F6. 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 F7. 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)

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



September 2013 v1

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)

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

adjoining properties. Adjoining owner property rights and the need for owner’s permission must be observed at all times, including the entering onto land for the purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G3. All utility services shall be adjusted, to the correct levels and/or location/s required by

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

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



September 2013 v1

Asbestos Clearance Certificate G4. 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 G5. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate) Landscaping G6. The landscaping shown in the approved landscape plan numbered LP01 (B) prepared

by Spirit Level dated 6/9/13 and received by Council on 1/11/13 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) Damage to Adjoining Properties G7. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:



September 2013 v1

a) whether any damage to adjoining properties has occurred as a result of the development;

b) the nature and extent of any damage caused to the adjoining property as a result of the development;

c) the nature and extent of works required to rectify any damage caused to the adjoining property as a result of the proposed development;

d) the nature and extent of works carried out to rectify any damage caused to the adjoining property as a result of the development; and

e) the nature and extent of any agreements entered into for rectification of any damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. All costs incurred in achieving compliance with this condition shall be borne by the developer.

(Reason: To ensure adjoining owner’s property rights are protected in so far as

possible) I. On-Going / Operational Conditions Garden Pond Filter I1. The garden pond pump installed at the premises, if any, must not operate so as to:

(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);

(j) before 8.00am and after 8.00pm on any Sunday or Public Holiday; or (ii) before 7.00am or after 8.00pm 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 shall be applied.





September 2013 v1

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 ensure noise generated by equipment does not result in offensive

noise) Single Occupancy I2. Nothing in this consent authorises the use of the premises other than for a single

occupancy.

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


Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based on information contained in this map without first checking details held by the responsible Government authority.

Further details can be obtained by calling (02) 9936 8100 or e-mail [email protected].

North Sydney Council

80

9090

90

90

90

90

90

90

89.1

85.6

86.0

86.7

86.7

87.0

86.9

85.2

84.9

86.9 89.886.5

86.4

86.2

84.7

89.7

89.4

90.1

90.3

89.4

90.5

88.8

88.8

88.2

90.5

90.3

90.1

85.3

89.1

89.4

91.3

93.7

90.3

92.0

92.5

89.6

89.0

88.5

89.5

88.7

92.7

90.4

87.4

91.4

95.0

91.6

91.3

91.5

90.2

90.5

90.3

90.690.295.6

94.1

92.2

91.6

91.9

92.2

93.4

95.993.6

93.6

94.3

93.492.8

92.3

91.7

97.4

96.3

93.7

92.8

93.190.4

90.1

95.7

91.0

91.891.9

91.3

91.3

91.5

90.4

89.3

89.7

93.3 90.0

94.9

92.0

94.9

92.3

94.4

92.0 92.092.0

97.7

122.3

97.0

99.1

98.2

97.7

122.3

98.2

99.1

97.0

93.793.7

92.3

93.8

91.4

93.893.8

90.7

93.6

98.3

99.4

92.6

95.1

98.8

94.3

90.4

90.2

94.494.4

90.8

95.3

97.0

95.9

95.3

95.9

97.2

97.0

97.2

95.295.2

99.399.3

90.190.4

88.2 87.6 87.4

87.0

87.8

88.4

92.4

93.090.2

91.5

98.9

90.3

90.490.4

90.990.6

90.4

88.2

87.5

87.5

87.9

92.6

93.0

91.390.6

91.8

92.2

91.9

92.6

92.791.9

88.889.0

88.1

90.2

95.097.7

97.3

95.8

94.2

92.9

93.5

94.2

93.493.4

92.993.5

92.2

98.2

98.1

99.2

94.0

94.394.5

94.794.9

91.8

92.2

91.9 91.891.9

95.7 95.8

95.695.6

99.2

101.099.9

95.3

92.7

92.3

93.0

93.6

93.093.1

96.9

107.6

99.5

97.2

96.5

95.795.0

102.6

96.796.0

96.4

94.8

94.3

94.0

94.2

94.4

94.4

93.093.8

94.093.994.9

92.5

92.3

96.5

92.4

99.0

95.1

92.7

101.8

106.6

106.3

95.7

96.8

102.6

103.3

103.8

100.7

100.9102.9

104.1

105.4

114.5

100.1

99.4

92.6

97.7

98.4

97.2

98.4

99.4

92.6

97.2

102.1

94.5

97.1

90.4 90.7

92.9

89.6

90.6

93.8

99.1

97.997.989.3

DAVIDLANE

BER

NA

RD

LAN

E

EMMETT

HAYBERRY LANE

FALCONST

REE

T

HAYBERRY STREET

EMMETT STREET

STR

EET

FALCON LANE

DAVID LANE

BER

NAR

D L

ANE

RO

AD C

LOSU

RE

MATER GARDENS

STREET

EDEN

STR

EET

CU

NN

ING

HA

M

STR

EET

CASSINS AVENUE

MYRTLEC

ASS

INS

L

AN

E

SINCLAIR STREET

PACIFIC

WES

T

RIDGE

CARLOW STREET

PLACE

WEST LANE

EAST

L

AN

E

RID

GE

LA

NE

JAM

ES P

LAC

E

EDEN LANE

HAZELBANK

SINCLAIR STREET PEDESTRIAN LINK

10810

4

11010

6

112(114)

116(116A)

122124126128130

125B12

5

83

72

43

135

85797775

111-121

109107

105103

99979593918987

101

9910

310

510

7

88A

102100

138136

134

82 84

124

86

78 8090

100

76

92 94 96 98

88

116

114

74

80 82 84 8690 90A 92 94 96 98

89A

71A

(37)

9-11

1

8785

8381

7977

7573

A73

71(7-21)

69

9797

A95

9189

93

(35)

1

13-15

6 8 1012A

10

4

24

14

22

26 28 30 32

110

112

12

18

2

(26)

114

112

110

38A

102A

106104

59A

108

5957

79777573

17151311

7169

9189

51

39

25-2717-23

139-11

373533312725232119

656361

29

8785

67

83

4143

4547

4953

5557

5959

A61

6365

67

3133

35

81

31

13

35333129

11

1A

37

190

2123

25

51

7

22

100

92A

10

9092

9694

102

28

30

34323028

104

3228262420

52

2

1614

8

4640

363442-44

6062

6466

6870

7274

7678

80

46-4

8

82

5254

5658

A58

44

84

98

4-6

38

86-8

8

108106

1210

317

5654

31336

50

42

504846

128642

297

4442403836

38-4

0

55

45 47-49 51

70A

67 69 71 73

49-5147

25-33

43

4341

59-61

39

21

(64)

2

18

72

60 62 66 68 70

62 64 66 68 70 72 74 76 78

28A

60

4858

50

54525048464438403634

283230

56

42

2725

2321

53 55

19

5 7

5 9

194

192

28

319

365

345

26

14-1

6

321

343

6

8

5450

333

349

10 14 16 18 20 24 26

Sec

4

9767

67

8733

070

6155

1

1

3

67

B

Pt 4

14

5

1

BA

4

11

1

3

12

11

89

1

871742

115786

75847

73877

982731

344348

1720

976767

930219

9767

67

SP 20167

Sec 3

Sec 4

Sec 3

Sec

3

107582

3774

82

2

A1

1

10 11

1

45

1

2

B 12

2

1B

A

10

A

2

1

Z

8

X

4

1 2 A B 1 1

2

4 48

2

B

AD

8

1

72

1720

5215

40

2208

83

6297

91

5112

05

2219

50330848

1054

770

1720

579404

1720

809315

1064

136

3183

70

2300

39

4379

84

6629

60

6629

59

9174

19

1720

793698

SP 34304

SP 7

1320

SP 3

9578

(split for Valuationpurposes only)

Sec 3

Sec 3 Sec 3

Sec 3

731413

Sec 338

1

383

503

3

505

504

411

172 1

2

40139

1

202201

152151

1

212

101

2

42

10 11

402

1

1

2

222221

1

2

21

BA21

D

116

17

19

Y

A26

44

25

7719

43

6322

39

8663

79

2011

29

3770

50

1720

8318

59 1175

223

1720

1720

5749

42

1052

258

1720

6209

05

1720

5169

53

5946

20

2177

27

5825

41

4157

40

7714

17

776026

8156

73

SP 40233

SP 58351

SP 3

7981

(Spl

it fo

r Val

uatio

npu

rpos

es o

nly)

SP 2

1042

SP 2

1501

SP 8

4263

Sec 2

Sec 2

Sec

152

7448

Sec 1

501080

1113

783

2

876

21

2

2

12

B

29

45

2

303 13

8

B

28

4

1

41

39 A

2

1A

23

1

B2

2

1

932

91

12

31

1

1

BA

1

1

DA

2

BA

1

36

1

A

3A

11

42

4452

43

510455

440237

1112821

1113719

1123545

973362

9185

44

705601 709999

8279

9

1140976

5489

50

973361

5960

1865

6297

1139

831

2052

86

1720

7459

8

216072

1720

587093

4068

57

10946742474

51

5755

38

3071

38

1720

1720

372277

SP 3

4733

SP 63942

SP 75815

SP 85239

SP 1

2799

SP 3

5600

SP 6

1446

1051

26

1

Sec 2

Sec 1

1

2

1

111

211

1

1

1

37B

21

12

1 1 7

10211

1

1

13

34

11

A B37A

21

36

31

B A

111

11

22

C

2

D

1

45

22

1

2

12

1

4

2

1

14

AB

6

1

1

1065

479

121466

7427

38

5986

262348

99

5787

07

1720

9156

426293

6122

8543

3971

24

6611

2191

5572

4374

37

9218

672109

88

6563

00

57348

1720

180999

594043

181780

1129

231800

441022

5681

33

503944

9979

02

2346

23

112934

5131

37

3564

519224

149194

59

4451

11

9957

03

101066

8652

30

8528

29

7705

74

7946

07

7952

499951

81

7205

2

7430

81

182669

182051

440323

2313

21

(split for Valuationpurposes only)

(Spl

it fo

r Val

uatio

npu

rpos

es o

nly)

SP 19820SP 20554

SP 1

5588

SP 6

1245

SP 8

8492

SP 8

4779

633536

181800

1

1

103101100

104

58

1

5

21

1

11

1

1

A2

A

A

1

21

B

2

C

4

21

A1

3

1

1

B

110

3490

2

9088

67

1034

902

72033

986829797366

1043

814

606324

366562

7299

0

935629

205720

3409

1

799980

564057

603668

1107016

6267

96

SP 5

7221

SP 5

5939

SP 53817

SP 5

0202

SP 4

7817

SP 43402

SP 1

9824SP

405

58

SP 79877SP 87232SP 88891

SP 8

0723

CT 52

SP 15272 / SP 71489

SP 43851SP 37957

300494

Sec 11

Sec 1

437414

101

A

4

1

2

1

1

B

3

21

1

2

5

4

1

23

2

672

1

2 1

A

9

7

1

4

1

1671

1

8

3

12

1

10730

656799

7863

22

6256

63644

1052632

137004

5538

95

120178

431519

529352

3289

9

7062

06

32899

717389

499721

8123

22

2103

55

5734

9753

88

58706

2188

16

127150

105757

919652

327421

342903

841550

575665

590876

782580

SP 87962

SP 46084

SP 8

8616

SP 75154

SP 84857

SP 17303

SP 35892

SP 6

3013

SP 3

3886

SP 11470

SP 3855

SP 47192


For privacy reasons, the architectural plans have been removed

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

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

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

Documents

NO RT H S Y DNE Y CO UNCI L RE P O RT S...NO RT H S Y DNE Y CO UNCI L RE P O RT S NSIPP MEETING HELD ON 5/03/14 Attachments: 1. Site Plan 2. Drawings 3. Shadow diagrams REPORT TO THE