NO RT H S Y DNE Y CO UNCI L RE P O RT S · The site is subject to clause 4.3(2A) of North Sydney LEP 2013 which provides that all ... existing driveway with landscaping ,and provision

Item ___IPP03________ - 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

REPORT TO THE GENERAL MANAGER ADDRESS/WARD: 1 Euroka Lane, Waverton (V) APPLICATION No: DA 420/13 PROPOSAL: Alterations and additions to a dwelling including new corrugated

metal roof, new windows and balconies, relocation of garage access and new pool

PLANS REF: Drawings numbered 001 to 010 & 019, dated 3/10/13 & 18/12/13,

drawn by Philip Abram, and received by Council on 27/11/13 & 23/12/13

OWNER: Farhoud Salimi & Nancy Cordina APPLICANT: Philip Abram Architects Pty Ltd AUTHOR: Susanna Cheng, Senior Assessment Officer DATE OF REPORT: 24 February 2014 DATE LODGED: 27 November 2013

AMENDED: 23 December 2013 SUBMISSIONS: Three (3) RECOMMENDATION: Approval

Report of Susanna Cheng, Senior Assessment Officer Page 2 Re: 1 Euroka Lane, North Sydney

EXECUTIVE SUMMARY This development application seeks approval for alterations and additions to a dwelling including new corrugated metal roof, new windows and balconies, relocation of garage access and new pool, and is reported to NSIPP for determination due to variation to Council’s control relating to building height. The existing property is a large 2- & 3-storey dwelling which, together with render finish pitch roof and high masonry fence, is uncharacteristic of the conservation area. The alterations and additions will provide modulation and articulation of the street facades and assist in the reduction of the apparent bulk and scale of the existing building. The site is subject to clause 4.3(2A) of North Sydney LEP 2013 which provides that all development within a conservation area in the R2 Low Density Residential zone complies with a maximum street elevation building height of 5.5m. The clause provides that development may exceed the facade height control where adjoining buildings within the same street frontage are at least 2-storeys high. In the particular physical context of this site, however, abundant caution should be exercised in relation to the application and interpretation of clause 4.3(2A). The site has three street frontages with adjoining dwelling facade heights of 1- & 2-storeys, being the western (Euroka Street) and eastern (Ancrum Street) elevations of the adjoining dwelling at No.59 Euroka Street. The development will be up to, but not exceeding, the existing maximum breach of 11.4m arising from the proposed new roof. The variations are otherwise generally attributable to a new dormer addition and new balconies, which generally conform to the existing scale and massing of the building and which have been assessed to have no material residential impacts. The breach of the facade height control will not result in any privacy or shadow impacts on surrounding development, and would not further detract from the conservation area. The overall improvements to the building and its relationship to the conservation area, and the absence of any material impacts, are considered sufficient environmental grounds to justify variation of the development standard in the circumstances of the case. The objectives of the building height control are achieved notwithstanding non-compliance with the control, and as such, requirement for strict compliance would be unreasonable or unnecessary in the circumstances of the case. Council’s notification of the proposal has attracted two objections raising particular concerns about heritage, traffic and parking, and street trees. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. In consideration of the advice of Council’s conservation planner, development engineer and landscape development officer, the development has been found to be satisfactory in regard to these issues. 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: 1 Euroka Lane, North Sydney LOCATION MAP

Property/Applicant Submittors - Properties Notified


DESCRIPTION OF PROPOSAL The application seeks approval for partial demolition of and alterations and additions to a dwelling, including the following:

Site and Lower Ground Floor • Relocation of garage access at Euroka Street to Euroka Lane, involving replacement of

existing driveway with landscaping ,and provision of new garage doors and formation of a new driveway and crossing at Euroka Lane

• Replacement of masonry front fence with timber paling fencing up to 1.5m fronting Euroka Street and 1.8m to Euroka Lane and Ancrum Street

• New and modified window openings • Relocation of stairs and laundry • Construction of new in-ground swimming pool in south eastern corner of the site • Landscaping Ground Floor • Removal of retaining walls and driveway at Euroka Street • New balconies to Euroka Street and Euroka Lane • New and modified window openings • Landscaping First Floor & Roof & External • New balconies to Euroka Street and Ancrum Street • Removal of balcony on Euroka Lane • New dormer to Euroka Lane • Cladding of the masonry walls in weatherboard • Replacement of roof tiles with corrugated metal roof sheeting • New skylights

STATUTORY CONTROLS NSLEP 2013

• Zoning – R2 Low Density Residential • Lot size – 230m2 (min) • Height of building –8.5m (max) • Facade height at street elevation – 5.5m (max) • FSR – None specified • Item of Heritage – No • In Vicinity of Item of Heritage – Yes (No’s. 26-44 & 50 Euroka Street) • Conservation Area – Yes (CA15 Union Bank & Thomas Streets) • 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 identified as Lots A & B in DP 315237 and known as No.1 Euroka Lane. It is rectangular in shape with three street frontages being, 13.4m to Euroka Street, 37.9m to Euroka Lane, and 13.4m to Ancrum Street at the rear, with a site area of 509.2m2 (Figure 1). The land falls toward Euroka Lane and Ancrum Street.

Figure 1 – Site

The site is occupied by a 3-storey rendered house with tile pitched roof, with front porch located at Euroka Lane and garage and driveway at Euroka Street (Figures 2 & 5).

Figure 2 –Driveway at Euroka Street Figure 3 – View at rear from Ancrum Street


Figure 4 –Main dwelling entry on Euroka Lane Figure 5 – Rear deck

The surrounding area is residential and primarily made up of densely developed terrace style dwellings and cottages (Figures 6 to 9).

Figure 6 – Euroka Street opposite the site Figure 7 – North-adjoining dwelling No.59

Figure 8 – Euroka Lane opposite the site Figure 9 – Ancrum Street

RELEVANT HISTORY

Development approval DA186/09

Council approved DA186/09 on 17/8/09 for alterations and additions to an existing 3-storey (2-storey plus attic) dwelling within the site, then known as No.57 Euroka Street. The works included relocation of the front entrance, decks at each level on the southern elevation and rear terrace at first floor level. Conditions required the rear deck to be rectangular in shape, and fitted with privacy screens at the northern elevation.


Subject application

On 6/12/13 Council requested design amendments to the swimming pool to be clear of the drainage easement and a landscape plan. The information was submitted on 23/12/13. REFERRALS Building The proposal would have to comply with the Building Code of Australia. A condition can be imposed to ensure compliance. Engineer The application was referred to Council’s Development Engineer who requested amendments to the swimming pool

in order to be clear of the “zone of influence” of a drainage pipe and easement running across the site. The swimming pool as amended, along with letter dated 19/12/13 by accredited Sydney Water contractor Ausflow confirming compliance with Sydney Water requirements, was referred to Council’s Development Engineer who raised no further objection to the amended pool design, subject to standard conditions.

The Development Engineer did not raise any objection to the proposed relocation of the driveway

, subject to conditions, including the removal of the existing active layback at Euroka Street and the existing redundant layback on Euroka Lane adjacent the subject rear yard, and associated repositioning of signposts to minimise the loss of on-street parking. It has been recommended that the signpost on Euroka Street be repositioned to the southern edge of the existing active layback (to be removed), and that the signpost on Euroka Lane be repositioned to the eastern side of the redundant layback (to be removed). The Development Engineer has advised that the resultant distances to intersections are acceptable having regard to adequate sightlines at the corner of Euroka Street and Euroka Lane, and the laneway context at the corner of Euroka Lane and Ancrum Street.

Heritage The application was referred to Council’s Conservation Planner who identified the property as a neutral item located within Union/Bank/Thomas Conservation Area and within the vicinity of a number of heritage items, being No’s. 26-50 Euroka Street (across road), No’s. 53 & 61 Euroka Street, and No’s. 39 & 41 Ancrum Street (at rear), and advised that:

The property contains a large two and three storey dwelling, with render finish and pitched roof that is highly uncharacteristic to the conservation area. The house currently has a driveway off Euroka Street, and uncharacteristic high masonry boundary fences. The windows are aluminium framed and detract from the character of the neighbourhood, particularly given the prominent corner location of the site. The proposed works will have result in a significant improvement to the building's appearance, and its contribution to the character of the conservation area. The proposal to extend the upper level dormer will not have an impact on the conservation area, but the proposed cosmetic works and external works will be a significant improvement on the current condition.


The proposed colours are consistent with the character of the area and acceptable on heritage grounds.

Standard conditions are recommended. Landscape The application was referred to Council’s Landscape Development Officer who has inspected the property with Council’s Arborist and provides the following advice:

“… whilst it is unfortunate to see the loss of 2 healthy young street trees outside the lane way frontage of the property, it provides the opportunity to plant 2 new trees outside the Euroka Street frontage of the property … provided that the existing driveway is made redundant and reinstated back to footpath and kerb. It should be noted that the submitted landscape plan represents an improvement to the existing landscape values of the property and should be referred to in the consent. Therefore I raise no objections to approval of the proposal as submitted provided the following conditions form part of the consent.”

Standard and site-specific conditions are recommended, including the removal of 2 x watergums from Euroka Lane and replacement plantings of 2 x crepe myrtle trees on Euroka Street, in order to maintain landscape amenity. SUBMISSIONS The owners of adjoining properties and the Union Precinct were notified of the proposed development for a 14-day period, between 13/12/13 and 10/1/14, in accordance with section 4 of NSDCP 2013. The notification resulted in three (3) submissions. Basis of Submissions • No comment (per minutes 4/12/13) • The building is already of a scale & design which contrasts with the heritage area, built in

the less enlightened 1950s in an area settled in the 19th century; the double garages will only further add to the scale & mass of the building; essentially, it will move towards a McMansion style totally out of keeping with the area; this is not an area of double garages.

• The parking impact is totally unacceptable. Euroka Lane is in constant demand for parking and we cannot afford to lose further spaces when the building is already served by an existing driveway.


Basis of Submissions • Loss of green space: The proposed garage entrance may result in the removal of two or more

water gums planted in Ancrum Lane by Council approximately 4 years ago in an area that has already lost substantial vegetation.

• Traffic hazard: Euroka Lane is often used by cars which inadvertently enter Euroka Street, realise their mistake and then do a 3-point turn in Euroka Lane, often at speed. To position a double garage entrance so close to Euroka Street may present a traffic hazard.

• Adverse heritage impact: The existing garage is concealed. The proposed double garage may negatively impact on the surrounding 19th century weatherboard cottages, including ours, which is almost directly opposite 1 Euroka Lane.

CONSIDERATION The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: 1. Permissibility within the zone The site is zoned R2 Low Density Residential under the provisions of the North Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of alterations and additions to an existing dwelling is permissible with the consent of Council. Demolition is permissible with consent pursuant to clause 2.7 of the LEP. 2. Residential Zone Objectives Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular objectives of the R2 Low Density Residential zone. It is considered that the proposed development satisfies the provisions as it maintains existing residential accommodation and a high residential amenity, as discussed in this report. 3. LEP Compliance table The application has been assessed against the relevant principal development standards contained in Part 4 of NSLEP 2013 as indicated in the following compliance table. More detailed comments with regard to the non-compliances are provided later in this report.

STATUTORY CONTROL – North Sydney Local Environmental Plan 2013 Site Area – 509.2m² Existing Proposed Control Complies R2 Low Density Residential Minimum Lot Size (Cl.4.1) 509.2m² No change 230m² Yes

Building Height: • Maximum

(Cl.4.3(2)) (max) 11.4m (roof) 8.7m (balcony –

Euroka Ln)

11.4m (roof) 8.3m (balcony Euroka St)

9.2m (dormer – Euroka Ln) 8.5m (balcony – Ancrum St)

8.5m No

• Street elevation (Cl.4.3(2A)) 5.5m *

Non-residential FSR (Cl.4.4A) (range) - - None

specified N/A


STATUTORY CONTROL – North Sydney Local Environmental Plan 2013 Site Area – 509.2m² Existing Proposed Control Complies * Max. height control of 5.5m at street elevations (Euroka Street, Euroka Lane, Ancrum Street) unless

any adjoining buildings with the same street frontage are at least 2 storeys 4. Building Heights The maximum building height for the site is 8.5m pursuant to clause 4.3(2) of NSLEP 2013 except at the street elevations at Euroka Street, Euroka Lane and Ancrum Street which are subject to an additional 5.5m facade height limit pursuant to clause 4.3(2A) of the LEP, which states as follows:

Despite subclause (2), the height of the street elevation of any building on land in Zone R2 Low Density Residential that is also within a heritage conservation area must not exceed 5.5 metres unless any adjoining buildings with the same street frontage are at least 2 storeys high.

The breach of the 8.5m building height limit is attributable to the new roof sheeting and the dormer on Euroka Lane. The breach of the 5.5m building facade height limit is largely attributable to the new dormer at the southern street elevation on Euroka Lane, and the front and rear balconies at the western and eastern true elevations at Euroka Street and Ancrum Street, respectively. 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 height breaches will not change the existing relationship between the building and the slope of the land.

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

building height breach will be entirely at or below the existing roof line, and the facade height breaches will occur generally within the same building envelope as existing. There are no views of any significance identified that may be affected by these breaches.

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

promote solar access for future development. The new dormer and First Floor balconies will not have any material shadow impacts on any dwellings or on Euroka Lane. The new dormer windows will be on the southern roof plane and set down 2.1m from the roof ridge and in similar location to the dormer opening to be removed, and the First Floor balconies will be set back 6m from the southern boundary.


(d) to maintain privacy for residents of existing dwellings and to promote privacy for residents of new buildings. Removal of the First Floor lounge room balcony will reduce overlooking of Euroka Lane. The dormer at Euroka Lane will have a lesser privacy impact compared to the existing balcony in this location. Overlooking from the dormer will not be significant as the windows are attached to bathrooms, and will be adequately separated from the adjoining dwelling across the street.

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

The bulk, massing and scale of the existing dwelling, and its compatibility with adjoining development, will be maintained despite the height breaches.

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

accordance with, and promotes the character of, an area. The height breaches will not materially change or enlarge the existing scale or character of the building. The height variations will be entirely below the existing roof ridge, generally within existing roof planes, and the new southern dormer will be of similar scale and massing to the existing northern dormers which are proposed to be demolished.

Having regard to the above, it is considered that there are sufficient environmental grounds to justify contravention of the development standard. The overall building height will be maintained as existing. The replacement roof cladding will be to the same ridge height and roof profile. The proposed bathroom dormer at Euroka Lane will replace an existing dormer balcony opening and not give rise to any material additional privacy impacts, and will not have any adverse shadow impacts by virtue of its location on the southern roof plane well below the roof ridge. The additions that breach the street elevation height control will not add to the overall scale of the building; rather, they will assist with modulating the street facades and contribute to a reduction in the apparent bulk of the building. The proposed improvements to the residential amenity of the dwelling and the compatibility of the building to the conservation area (as discussed in the Heritage Referrals section in this report), and the absence of any material adverse impacts on neighbouring properties arising from the proposed building height variations, are considered sufficient environmental grounds to justify contravention of the development standard. The objectives of the building height control are achieved notwithstanding non-compliance with the control, and as such, requirement for compliance with the development standard would be unreasonable or unnecessary in the circumstances of the case. 5. Heritage Conservation The site is not a heritage item; however, is in the vicinity of heritage items, and within the Union Bank & Thomas Streets conservation area, and the development has been assessed in relation to the relevant heritage conservation provisions in clause 5.10 of NSLEP 2013 and section B13 of NSDCP 2013 and found to be consistent with the relevant objectives. As discussed earlier in the Referrals section of this report, Council’s Conservation Planner is satisfied the works will not have any detrimental impact on the significance of the surrounding heritage items or the character of the conservation area, subject to conditions.


6. Earthworks The development includes excavations for a swimming pool in the rear yard and removal of retaining walls and infilling in the front yard. Earthworks are permissible with consent, pursuant to clause 6.10 of the LEP. The proposed earthworks are satisfactory, in consideration of clause 6.10(3), as follows:

(a) The likely disruption of, or any detrimental effects on: (i) drainage patterns and soil stability in the locality of the development (ii) natural features of, and vegetation on, the site and adjoining land The swimming pool will be located in the lowest part of the site at the rear. Its shape and location have been designed so as to provide satisfactory clearances from underground pipes. The replacement of hard surfaces with soft landscaping in the front yard will improve site drainage.

(b) The effect of the development on the likely future use or redevelopment of the land – The excavation and fill will not adversely impact on the development potential of the site.

(c) The quality of the fill or the soil to be excavated, or both – A condition is recommended to require use of excavated material for the pool to be used to infill the front yard, where suitable.

(d) The effect of the development on the existing and likely amenity of adjoining properties – The pool excavation will be at the lowest part of the site adjoining public streets, and not immediately adjacent any dwelling. The fill in the front yard will accommodate soft landscaping in place of a driveway, which will improve streetscape amenity. Standard conditions are recommended to ensure the structural integrity of the north-adjoining property at No.59 Euroka Street that may be affected by the proposed minor earthworks within the northern side setback.

(e) The source of any fill material and the destination of any excavated material – Standard conditions, and a specific requirement for the reuse of pool excavation materials on-site, are recommended.

(f) The likelihood of disturbing Aboriginal objects or relics – The site has not been identified as likely to contain Aboriginal objects or relics.

(g) The proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area – The site is not immediately proximate to any identified environmentally sensitive area.

(h) Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development – Standard conditions are recommended.


7. Vehicle access Development for the purposes of a driveway and vehicular crossing within a road reserve associated with a permissible use in an adjoining zone may be carried out with consent, pursuant to clause 6.13 of the LEP. The location of car parking is discussed in the Engineer Referral section in this report and in the DCP Compliance Table below. 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 DCP 2013 The proposal is generally consistent with section B1 of the DCP relating to residential developments and section C9.0 & C9.10 being the Character Statement for the Union, Bank, Thomas Street Conservation Area within the Lavender Bay 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 accommodation

Yes Existing housing will be maintained.

B1.3 Environmental Criteria Topography Yes The previously excavated driveway at Euroka Street will be

infilled to reinstate a gradual fall toward the rear of the site. The pool will be at low point in the site and the excavations (up to 1.8m deep and 27kL capacity) will be set back 1.2m from boundary and not likely to result in damage to adjoining properties, being Council roads, subject to conditions.

Views Yes There are no identified significant views that would be impacted by the development.


DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments Solar access Yes The minor increases in the building envelope, comprising a

dormer on the southern roof plane in similar location to an existing dormer opening, and eastern and western First Floor Juliette balconies, will not result in any adverse shadow impacts on the subject or any adjoining sites.

Acoustic privacy Visual privacy

Yes The development will maintain a reasonable degree of acoustic and visual privacy, in consideration of the following: • The First Floor balconies on the eastern and western

elevations will have limited trafficable area, adjoin bedrooms/study, directly overlook Euroka Street and the subject rear garden with adequate separation from adjoining dwellings;

• Removal of the existing upper balcony atop the entry portal at Euroka Lane will reduce overlooking opportunities;

• The replacement southern dormer will overlook Euroka Lane and are associated with bathrooms;

• The pool will be located in a depression in the land and set back 1.2m from boundaries with additional separation by way of adjoining laneways;

• Pool equipment will be stored beneath the existing rear terrace; standard conditions are recommended for this equipment and any air conditioners to minimise impacts from their operation.

B1.4 Quality Built Form Context Yes The works will maintain existing bulk and scale while

improving the appearance of the building and its contribution to the character of the conservation area, as discussed in the Heritage Referral section above. The driveway relocation to Euroka Lane responds appropriately to site levels and the laneway frontage, and would allow for a landscaped front garden.

Subdivision pattern Yes No change.

Streetscape Yes (via condition)

Council’s Development Engineer has recommended conditions for the forming of kerbs and laybacks in Euroka Street and Lane, to Council’s satisfaction. Council’s Landscape Development Officer has considered the proposed removal of 2 x watergums on Euroka Lane in front of the new driveway and advised that the planting of 2 x crepe myrtle trees on Euroka Street would be satisfactory to maintain landscape amenity, via conditions.


DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments Laneways Yes The development will improve the attractiveness of Euroka

Lane while maintaining its functionality; in particular: • The existing high masonry fence will be demolished and

replaced with a timber paling fence more in keeping with the conservation area, including low fencing at the prominent street corner with soft landscaping behind;

• The relocation of vehicular access to Euroka Lane is consistent with laneway function and the visual impact of the garage doors will be minimised by the use of panel lift doors, provision of a 3m setback and timber swing gates at boundary; and

• Council’s Development Engineer has considered the location of the new driveway and crossover and concluded this to be a safe and adequate location.

Siting Yes The existing building orientation, comprising principal

frontage at Euroka Lane and living areas to the rear garden, will be maintained.

Setbacks Yes The Juliette balconies will be at least 4.2m from the northern boundary with No.59 Euroka Street, which complies with the minimum side setback requirement of 2.5m.

Form, massing & scale Built form character Dwelling entry

Yes The existing large bulk and scale of the building will be ameliorated by removal of the upper portion of the entry portal at Euroka Lane and increased modulation of the facades with balconies and materials.

Roofs Yes The existing pitched roof will be retained. The proposed metal roof sheeting is compatible with surrounding development.

Dormers No The dormer at Euroka Lane will be located on a street elevation and extend for greater than one-third the length of the roof, which does not comply with the DCP. The dormer is nevertheless supported as it is consistent with the design of the building and will not result in any negative impacts on adjoining properties. In particular, there will be no adverse privacy impacts as the dormer will accommodate bathrooms and be adequately distant from the dwelling on the opposite side of Euroka Lane. The dormer will sit well below the roof ridge on the southern roof plane generally in the location of the existing dormer opening and not have any material shadow impacts.

Colours & materials Yes The palette of painted weatherboard, metal roof sheeting, and neutral colours is consistent with and will improve the building’s compatibility with the character of the conservation area.


DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments Front fences Yes The replacement of the existing masonry front fence at the

corner of Euroka Street and Euroka Lane with a low timber paling fence will allow for a front garden setting and greater passive surveillance. The timber paling fence to the Euroka Lane frontage of the rear garden will be less dominant compared to the existing masonry fence, and will match the existing rear fence at Ancrum Street.

B1.5 Quality Urban Environment High quality residential accommodation Lightwells & ventilation

Yes All habitable rooms will have natural light and ventilation.

Safety and security Yes The development will improve active use of Euroka Lane and passive surveillance of the streets.

Vehicular access & car parking

Yes The relocation of vehicular access to Euroka Lane is supported, having regard to the following: • The retention of two existing car spaces complies with

the maximum parking rate; • The provision of driveway access off a laneway is

appropriate and consistent with the character statement; • The new driveway will provide level access to Euroka

Lane in place of the 1.2m below-grade ramping currently existing at Euroka Street;

• Relocation of the driveway will allow for the provision of a front garden setting at a prominent street corner; and

• The visual impacts on the streetscape will be minimal as the doors will be panel lift doors integrated within the existing structure and set back some 3m from the boundary behind low gates.


DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments

Figure 10 – Retention of on-street parking Furthermore, there will be no net loss of street parking resulting from the proposed driveway relocation. On street parking spaces on Euroka Street and Lane will be retained, subject to removal of the currently active layback at Euroka Street and the redundant layback at Euroka Lane (Figures 10 & 11) and the repositioning of signposts, as recommended via condition by Council’s Development Engineer (as discussed in the Engineer Referral section in this report).

Figure 11 – Street parking will generally be maintained


DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments Site coverage Yes The development complies with the site coverage control,

as follows: Proposed Control Complies Site Coverage (lot size 500-749m2) (Cl.B1.5.5) (max)

27% (136.9m2)

40% (203.7m2)

Yes

Landscape area No The development complies with the landscape area control; however, exceeds the maximum unbuilt upon area, as shown in the table below: Proposed Control Complies Landscape Area (min) (Cl.B1.5.6)

52% (263.1m2)

40% (203.7m2) Yes

Unbuilt Upon Area (max) (Cl.B1.5.6)

21% (109.1m2)

20% (101.8m2) No

The non-compliance with the unbuilt upon area provision is nevertheless supported, in consideration of the following: • The unbuilt upon areas has been minimised to the extent

necessary to provide for site access by way of pathways, and outdoor recreational areas by way of the existing back deck and a new swimming pool;

• The existing building footprint and site density will be maintained;

• Substantial soft landscaping, including a front garden setting and perimeter plantings along the street boundaries, will provide a soft buffer, assist with stormwater retention and contribute to streetscape amenity; and

• The variation of 7.3m2 (1%) is relatively minor, and the dwelling will have excellent landscape amenity despite the breach.

Excavation Yes The excavation for the swimming pool will be located at the

lowest part of the site at the rear and set back 1m from a drainage easement and 1.2m from the boundaries which adjoin Council roads. Conditions are recommended to protect public infrastructure. Earthworks in the front garden will provide for substantial soft landscaping in place of the existing sunken driveway.

Landscaping Front gardens

Yes The development will provide for extensive landscaping, particularly in the front garden and along the street perimeter of the site, and paving within the site will be minimised generally to stepping stone paths.


DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments Private open space Yes The development will exceed the minimum private open

space requirement of 50m2, in the form of landscaped gardens with useable lawn areas, adjacent useable terrace deck and pool

Swimming pools Yes The pool will have minimal visual or acoustic impacts by virtue of its in-ground location at the lowest part of the site behind soft landscaping and fencing, set back 1.2m from boundary and at least 6m from adjoining properties on the opposite side of Euroka Lane and Ancrum Street.

Garbage storage Site facilities

Yes The site will maintain adequate on-site garbage and clothes drying areas.

B1.6 Efficient Use of Resources Energy efficiency Yes BASIX commitments include a rainwater tank at least 901

litres, pool cover and pump timer. The development provides natural light and ventilation to habitable rooms and includes skylights to utility areas. The materials palette includes timber-framed windows and durable cladding materials.

ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision Yes 5. Traffic generation and Carparking provision Yes 6. Loading and Servicing facilities Yes 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979


SUBMITTORS CONCERNS The issues raised in the submissions are addressed below. (a) Heritage

Comment

: The works will provide improved facade articulation and modulation which will generally reduce the apparent bulk and scale of the building. The double garage is existing and the proposed relocation of the driveway responds to the topography of the site and the laneway function of Euroka Lane. The relocation of the driveway will improve the Euroka Street streetscape by allowing for a front garden setting in place of an existing sunken driveway. The double garage will not adversely impact on the streetscape at Euroka Lane it will have panel lift doors set back some 3m from the boundary and behind a low paling gate.

(b) Parking and traffic Comment

: On-street car parking spaces on Euroka Street and Lane will be retained, subject to the removal of the currently active layback at Euroka Street and the redundant layback at Euroka Lane and repositioning of signposts, as recommended by Council’s Development Engineer.

The new driveway at Euroka Lane will be more than 6m from the street corner with Euroka Street. Council’s Development Engineer has raised no objection to the location of the layback on safety grounds.

(c) Street trees Comment

: Streetscape amenity will generally be maintained subject to new street tree plantings to compensate for the removal of two water gums on Euroka Lane in front of the new driveway.

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 and the compatibility of the building within the conservation area, and have no material adverse impacts on adjoining properties. The relocation of the driveway will not result in any material impact on car parking or traffic safety in the vicinity of the site. Streetscape impacts will be ameliorated by replacement plantings to replace the removal of two street trees in the location of the new layback. 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 and 4.3(2A) of North Sydney LEP 2013 and grant consent to Development Application No. 420/13 for alterations and additions to a dwelling subject to the attached standard conditions and following site specific conditions:-

Landscape plan A5. Landscaping works on the site are to be undertaken generally in accordance with

the landscaping plan numbered 13.51.1 and 13.51.2, prepared by Benjamin Landscape Pty Ltd, dated 16/12/12, and received by Council on 23/12/13. (Reason: To ensure appropriate landscaped area and landscaping amenity)

Service adjustments E23. 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)

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

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

1 EUROKA LANE, NORTH SYDNEY DEVELOPMENT APPLICATION NO. 420/13

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

001 A Lower Ground Floor Plan Philip Abram 23/12/13 002 - Ground Floor Plan Philip Abram 27/11/13 003 - First Floor Plan Philip Abram 27/11/13 004 - Roof Plan Philip Abram 27/11/13 005 - South Elevation Philip Abram 27/11/13 006 - West and East Elevations Philip Abram 27/11/13 007 - Euroka Street Elevations (North

Elevation) Philip Abram 27/11/13

008 - Sections A-A and B-B Philip Abram 27/11/13 009 - Southern Streetscape Elevation

(Euroka Lane) Philip Abram 27/11/13

010 - Western Streetscape (Euroka Street) Philip Abram 27/11/13 019 A Swimming Pool Sections Philip Abram 23/12/13

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

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

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


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

ATTACHMENT TO IPP03 - 5/03/14 Page 22

1 EUROKA LANE, NORTH SYDNEY DEVELOPMENT APPLICATION NO. 420/13 PAGE 2

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

documented on the approved plans.

(Reason: To ensure compliance with the approved development) External Finishes & Materials A4. External finishes and materials must be in accordance with the submitted schedule

dated 23/12/13, prepared by Philip Abram and received by Council on 23/12/13 unless otherwise modified by Council in writing.


accordance with the determination of Council, Public Information) Landscape plan

A5. Landscaping works on the site are to be undertaken generally in accordance with the

landscaping plan numbered 13.51.1 and 13.51.2, prepared by Benjamin Landscape Pty Ltd, dated 16/12/12, and received by Council on 23/12/13.

(Reason: To ensure appropriate landscaped area and landscaping amenity)

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.



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A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction) Dilapidation Report Private Property (Excavation) C2. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.

The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

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

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

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

(Reason: To record the condition of property/ies prior to the commencement of

construction) Structural Adequacy of Adjoining Properties – Excavation Works C3. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining property No’s. 59 Euroka Street, North Sydney, which certifies its ability to withstand the proposed excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.



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(Reason: To ensure the protection and structural integrity of adjoining properties in close proximity during excavation works)

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)

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)



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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 c) Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building

waste) Skylight(s) C7. 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 C8. 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)



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Signpost Relocation C9. All costs associated with relocating signposts including all sign changes, parking bay

line markings, as relevant, must be paid in full to North Sydney Council prior to issue of any Construction Certificate. The Certifying Authority must ensure that the specifications submitted, accompanying the issued Construction Certificate, fully satisfy this condition.

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

Obtain Driveway Crossing Permit under S.138 Roads Act 1993 C10. Prior to the issue of the Construction Certificate, the applicant must obtain a driveway

crossing and road infrastructure works permit from North Sydney Council to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘Vehicular Access Application’ form with payment of the adopted assessment/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The civil design drawings shall detail the following infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways shall comply with AS 2890.1 and

Council’s current Vehicular Access Application Guidelines and Specification (gutter bridges not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor.

b) The redundant layback crossing on Euroka Street and Euroka Lane must be reinstated as upright kerb gutter, concrete footpath and grassed verge where appropriate.

c) The width of the new vehicular layback in Euroka Lane shall be 6.0m (including the wings).

d) The vehicular laybacks shall be set square to the kerb. e) The signpost at Euroka Lane adjacent the rear yard of the site is to be

relocated to the eastern edge of the existing layback to be removed, and the signpost at Euroka Street in front of the site is to be relocated to the south in the location of the southern edge of the existing layback to be removed.

f) The boundary footpath levels shall match the existing levels and shall not be altered unless agreed to by Council.

g) Alignment levels at the boundary have an important impact on the proposed levels for new driveway. No work should start until first obtaining boundary alignment levels from Council. Council has the authority to remove any unauthorized works at the cost of the property owner.

h) The Certifying Authority must ensure that the internal property levels at boundary matches councils boundary levels.



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i) The crossing (between the layback and the property boundary) shall be placed perpendicularly on a single straight grade of approximately 4.5%, falling to the back of the layback. It must be taken into account that the sum of cross fall grade of the road shoulder and driveway crossing (section over the grass verge) is no more than 15%. The cross fall of the road shoulder is measured for a distance of 1200 mm falling to the gutter lip , starting from the surface of the existing carriageway 1650 mm from the existing face of kerb.

j) The gutter levels and road shoulder levels on Euroka Lane shall stay unchanged.

k) Construction of a fully new kerb and gutter is required across the entire site frontage in Ancrum Street.

l) The kerb gutter, and 600 mm road shoulder wide- strip, adjacent to all new layback and gutter works, on Street shall be reconstructed, to ensure uniformity in the road reserve.

m) All inspection openings, utility services shall be adjusted to match the proposed driveway levels and location.

n) The design detail has to be provided with vehicular access application and must include sections along centre-line and extremities of the crossing at a scale of 1:25. Sections are to be taken from the centre of the roadway through to the parking area itself and shall include all changes of grade and levels, both existing and proposed.

o) The sections shall show the calculated clearance to the underside of any overhead structure.

p) Pipelines within the footpath area shall be hot dipped galvanised steel hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.

All driveway and infrastructure works on the road reserve must proceed in accordance with the terms of the permit issued by Council. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued.

(Reason: To facilitate appropriate vehicular access to private sites, without

disruption to pedestrian and vehicular traffic) Foundations Adjacent to Drainage Easements C11. The foundations for building structures and walls adjacent to the drainage easement

are to be constructed in such a manner that does not affect stormwater drainage lines. 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 allow maintenance without affecting the building and to ensure

there is no damage to public assets)



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Stormwater Management and Disposal Design Plan – Construction Issue Detail C12. 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 dwellings must be conveyed in a controlled manner by gravity via existing stormwater lines or via a direct connection to Council’s stormwater gully pit in Euroka Lane. When a direct connection to the pit option is implemented then the pipeline within the footpath area shall have a minimum cover of 300mm.

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

d) All redundant stormwater pipelines within the footpath area shall be removed and the footpath and kerb reinstated.

e) Pipelines within the footpath area shall be hot dipped galvanised steel rectangular hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.

f) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.

g) Floor levels adjacent to overland flow path, are to be minimum 500 mm above 1 in 100 year flood level. A report prepared by an appropriately qualified hydraulics engineer is to be submitted to the certifying authority with the construction certificate application, detailing the 1 in 100 year flood level and minimum floor level.

h) The design and installation of the Rainwater Tanks shall comply with BASIX and Sydney Water requirements. Overflow from tank shall be connected by gravity to the stormwater disposal system.

i) Provide subsoil drainage to all necessary areas with pump out facilities as required.

j) The foundations for building structures and walls adjacent to the drainage easement are to be constructed in such a manner that does not affect stormwater drainage lines. Details demonstrating compliance are to be submitted with the Construction Certificate.

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)



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Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C13. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $10,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

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

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

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

the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

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 C14. Prior to the issue of any construction certificate, security in the sum of $2,000.00 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.


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The security must be provided by way of:

a deposit with the Council; or

a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.

If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.

In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.

SCHEDULE

Bottlebrush growing outside the Euroka Lane frontage of the property

(Reason: Protection of existing environment public infrastructure, community

assets and significant trees) Tree Protection Measures to be shown on Construction Drawings C15. Tree protection measures shall be shown clearly on the Construction Certificate

drawings. Plans and specifications showing the said tree protection measures must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure the construction plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that appropriate tree protection measures are shown on

construction drawings) Location of Plant C16. All plant and equipment (including but not limited to air conditioning and pool

equipment) is to be located within the lower ground or ground level and is not to be located on balconies or the roof. Plans and specifications complying with this condition must be submitted to the Certifying Authority for Approval prior to the issue of 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: Minimise impact on surrounding properties, improved visual

appearance and amenity for locality)



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Air Conditioners in Residential Premises C17. 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)

Swimming Pool Pumps on Residential Premises C18. The Certifying Authority must be satisfied that the swimming pool pump to be

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.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals .




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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)

Pool Access C19. Access to the pool must be restricted by a child resistant barrier in accordance with the

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

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

to comply with applicable pool fencing legislation) Swimming Pool Water to Sewer C20. The swimming pool, including overflow water, must be drained to the sewer. The

consent of Sydney Water to dispose of wastewater must be obtained prior to the issue of any Construction Certificate. Plans and specifications complying with this condition and any conditions/ requirements of Sydney Water 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 comply with this condition and any conditions/ requirements imposed by Sydney Water.

(Reason: Water from a swimming pool is classified as wastewater and cannot be

legally disposed of into the stormwater system) Pool Filter C21. The pool filtering equipment must be encased by a soundproof cover and must be

located six (6) metres from any habitable room in a dwelling on a neighbouring property. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.



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(Reason: To ensure noise generated by equipment does not result in offensive noise)

Security Deposit/ Guarantee Schedule C22. 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) $2,000.00 Engineering Construction Bond $10,000.00 TOTAL BONDS $12,000.00

(Reason: Compliance with the development consent)

BASIX Certificate C23. 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. A173835 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) D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

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

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

evidence of insurance upon lodgement of the application.)

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



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Sydney Water Approvals D2. Prior to the commencement of any works, the approved plans must be submitted to a

Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works. Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)

Commencement of Works Notice

D3. Building work, demolition or excavation in accordance with this development consent

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

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

commencement of any building work, demolition or excavation) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

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

E2. Existing public parking provisions in the vicinity of the site must be maintained at all

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

compromised during works)



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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)

Structures Clear of Drainage Easements E5. It is the full responsibility of the Developer and their contractors to: -

a) Ascertain the exact location of the Council drainage infrastructure traversing the site in the vicinity of the works;

b) Take full measures to protect the in-ground Council drainage system; and c) Ensure dedicated overland flow paths are satisfactorily maintained through the

site.



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Drainage pipes can be damaged through applying excessive loading (such as construction plant, material storage and the like). All proposed structures and construction activities are to be located clear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland flow paths must not be impeded or diverted by fill or structures unless otherwise approved. In the event of a Council drainage pipeline being uncovered during construction, all work is to cease and the Certifying Authority and Council (if it is not the Certifying Authority) must be contacted immediately for advice. Any damage caused to a Council drainage system must be immediately repaired in full as directed, and at no cost to Council.

(Reason: Protection of Public Drainage Assets) Council Inspection of Public Infrastructure Works E6. During the works on public infrastructure reverting to Councils care and control,

Councils development engineer must undertake inspections of the works at the following hold points:-

a) Vehicular access and associated road civil works; and b) Stormwater connection.

All works must proceed in accordance with Roads Act 1993 approvals or other permits relating to roads issued by Council. A minimum of 48 hours notice must be given to Council to book an inspection. Work must not proceed until the works or activity covered by the inspection is approved.

(Reason: To ensure quality of construction joints and connections in the drainage

system) Removal of Extra Fabric E7. 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)



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Dust Emission and Air Quality E8. 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)

Developer's Cost of Work on Council Property E9. 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) No Removal of Trees on Public Property E10. 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) Trees to be Removed E11. Permission is granted for the removal of the following street trees on public property

provided condition G10 Required Tree Planting of this consent is met:

• 2 x Watergums and a shrub growing adjacent to the most westerly of the Watergums along the Euroka Lane frontage of the property

(Reason: Protection of existing environmental infrastructure and community

assets)



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Special Permits E12. 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.




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4) Kerbside restrictions, construction zones

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


Construction Hours E13. 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)



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Out of Hours Work Permits E14. 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

E15. 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)


http://www.northsydney.nsw.gov.au/�


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Sediment and Erosion Control Signage E16. 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.

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

erosion from development sites) Site Amenities and Facilities E17. 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 E18. 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 E19. Building materials must not be placed on Council's footpaths, roadways, parks or

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

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



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Plant & Equipment Kept Within Site E20. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within the boundaries of the site (unless a permit is obtained from Council beforehand) and so placed that all concrete slurry, water, debris and the like must be discharged onto the building site, and is to be contained within the site boundaries.

Details of Council requirements for permits on public land for standing plant, hoardings, storage of materials and construction zones and the like are available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)

Fill Material E21. Excavated natural material, including from excavations for the swimming pool, is to

be applied as much as possible to infill the front garden at Euroka Street, where the soil is suitable for soft landscaping.

Where imported fill material is required, the only waste derived fill material that may be received at the development site is:-

a) Virgin excavated natural material (within the meaning of the Protection of

the Environment Operations Act 1997); and b) Any other waste-derived material the subject of a resource recovery

exemption under cl. 51A of the Protection of the Environment Operations (Waste) Regulation 2005 that is permitted to be used as fill material.

Any waste-derived material the subject of a resource recovery exemption received at the development site, must be accompanied by documentation as the material’s compliance with the exemption conditions and must be provided to the Certifying Authority on request.

(Reason: To ensure that imported fill is of an acceptable standard for

environmental protection purposes)

Waste Disposal E22. 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)


http://www.northsydney.nsw.gov.au/�


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Service adjustments

E23. 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:

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.



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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.



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)



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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)

Protection of Public Places F8. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

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

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

hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work has been completed.

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



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Note: Prior to the erection of any temporary fence or hoarding over property owned or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.

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

Site Sign F9. 1) A sign must be erected in a prominent position on the site

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

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

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

Certifying Authority for the work.

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

(Reason: Prescribed - Statutory)

G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

a. in the road reserve must be fully completed; and b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)



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Certification- Civil Works G2. a) An appropriately qualified and practising Civil Engineer must certify to the

Certifying Authority that the stormwater drainage system is constructed in accordance with this consent and the provisions of the applicable Australian Standard. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority) upon completion of the development works and prior to the issue of an Occupation Certificate.

b) An appropriately qualified and practicing Civil Engineer must certify to the

Certifying Authority that the vehicular crossing and associated works and road works were constructed in accordance with this consent and any approval for works in the road reserve issued by the Council. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority), upon completion of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

Pool Access G3. Access to the pool must be restricted by a child resistant barrier in accordance with the

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

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

obligations under the provisions of the Swimming Pools Act) Pool Safety Requirements G4. A notice must be displayed in a prominent position in the immediate vicinity of the

pool at all times showing:

a) Appropriate instructions of artificial resuscitation methods.

b) A warning stating:

(i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, and

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

MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”,

Details demonstrating compliance are to be provided with any Occupation Certificate issued for the pool.



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This notice must be kept in a legible condition and at the poolside.

(Reason: To ensure an adequate level of safety for young pool users) Damage to Adjoining Properties G5. 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 G6. 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)

BASIX Completion Certificate G7. 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 G8. The landscaping shown in the approved landscape plan numbered 13.51.1 & 13.51.2

prepared by Benjamin Landscape Pty Ltd dated 16/12/12 and received by Council on 23/12/13 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) Damage to Adjoining Properties G9. 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:

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;



September 2013 v1

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) Required Tree Planting G10. On completion of works and prior to the issue of an Occupation Certificate trees in

accordance with the schedule hereunder must be planted in Council’s nature strip/footpath: -

Schedule

Tree Species Location Pot Size 2 x Crepe Myrtle Lagerstroemia “Lipan”

Outside the Euroka Street frontage of the property to the satisfaction of Council

75 litre

The installation of such trees, their current health and their prospects for future survival must be certified upon completion by an appropriately qualified horticulturalist. Upon completion of installation and prior to the issue of an Occupation Certificate an appropriately qualified horticulturalist must certify that any trees planted in accordance with this condition are healthy and have good prospects of future survival. The certification must be submitted with any application for an Occupation Certificate.

(Reason: To ensure that replacement plantings are provide to enhance

community landscaped amenity and cultural assets)



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Unpaved Verge G11. The unpaved verge area must be constructed/reconstructed with an appropriate species

of grass prior to completion of the works at no cost to Council

(Reason: To ensure that community assets are presented in accordance with reasonable community expectations)

I. On-Going / Operational Conditions Pool Filter I1. The swimming pool pump installed at the premises 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.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.


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)


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For privacy reasons, the architectural plans have been removed

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

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

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

Documents

NO RT H S Y DNE Y CO UNCI L RE P O RT S · The site is subject to clause 4.3(2A) of North Sydney LEP 2013 which provides that all ... existing driveway with landscaping ,and provision