NO RT H S Y DNE Y CO UNCI L RE P O RT S...two storey addition on the semi-detached dwelling partner (No. 54). Development Application No. 318/03 was approved by Council on 15 October

Item ___IPP08________ - REPORTS -______05/02/14_________

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 05/02/14

Attachments: 1. Site plan

2. Architectural plans & elevations 3. Shadow diagrams

REPORT TO THE GENERAL MANAGER ADDRESS/WARD: 52 Emmett Street, Crows Nest (W) APPLICATION No: DA366/13 PROPOSAL: Alterations and additions to dwelling including new first floor

additions PLANS REF: Drawings numbered Revision A 003 & 200, dated 26/03/13,

drawn by sketchArc, and received by Council on 21/10/13 and Revision B drawings numbered 201B, 202B, 400B, 501B, 502B and 503B dated 26/03/13, drawn by sketchArc, and received by Council on 23/01/14 & 28/01/14.

OWNER: Iain McKernan & Kate Smith APPLICANT: Matthew Power AUTHOR: David Hoy, Team Leader Assessments DATE OF REPORT: 21 January 2014 DATE LODGED: 21 October 2013 AMENDED: 23 January 2014 RECOMMENDATION Approval

Report of David Hoy, Team Leader Assessments Page 2 Re: 52 Emmet Street, Crows Nest

EXECUTIVE SUMMARY The development application seeks consent for alterations and additions to the existing semi detached dwelling including partial demolition of an existing first floor addition and construction of a new first floor addition with new linking addition into the main original dwelling roof. The matter is referred to NSIPP for determination due to the variation to the applicable building height control being greater than 10%. A written submission has been made under Clause 4.6 of NSLEP 2013 seeking variation to the height of building standard. The owners of adjoining properties and the Hayberry Precinct were notified of the proposed development on 1 November 2013. The notification did not result in any submissions. Council’s Conservation Planner raised initial concerns in relation to the size and scale of the proposed dormer window and rear linking roof form (eyelid dormer). In response, amended plans were provided to reduce the scale of the dormer to be set down by 100mm from the ridge with an additional set in for the rear eye lid dormer. The revised proposal is supported. The assessment has considered the performance of the application against Council’s planning requirements under NSLEP 2013 and NSDCP 2013. The written submission provided addressing the requested variation to the height of building control is considered to be well founded and the proposed height variation considered to be acceptable. The development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions.

Re: 52 Emmett Street, Crows Nest - DA 366113

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Report of David Hoy, Team Leader Assessments Page 4 Re: 52 Emmett Street, Crows Nest

DESCRIPTION OF PROPOSAL The development application seeks consent for alterations and additions to the existing semi detached dwelling including partial demolition of an existing first floor addition and construction of a new first floor addition with new linking addition into the main original dwelling roof. The proposed alterations at ground level provide for reconfiguration of the existing floorplan to provide for open kitchen/living areas, a bedroom and bathroom. The proposed additions to the first floor will result in two bedrooms, bathroom and living area. The proposal incorporates some changes to roof form by combining the existing front hip and rear roofs as a single roof form having hipped and gable elements with a projecting side gable dormer to the original hip roof.

Figure 1: Proposed western (side) elevation

Figure 2: Proposed southern (street) elevation

52 54

Site


Amended Plans – 24 January 2014 In response to concerns raised by Council’s Conservation Planner in relation to the size and scale of the proposed dormer window and rear linking roof form (eyelid dormer), amended plans were provided to reduce the scale of the dormer to be set down from the ridge with an additional set in for the rear eye lid dormer. STATUTORY CONTROLS North Sydney LEP 2013

• Zoning – R2 (Low Density Residential) • Item of Heritage – No • In Vicinity of Item of Heritage – No • Conservation Area – Yes (Holtermann Estate C Conservation Area) • FSBL – No

Environmental Planning & Assessment Act 1979 SEPP 55 - Contaminated Lands Local Development POLICY CONTROLS DCP 2013 DESCRIPTION OF LOCALITY The site is identified as Lot A in DP 445243 which is known as No. 52 Emmett Street, Crows Nest. The property has a total site area of 220.5m² with a frontage of 6.005m to Emmett Street with the rear northern boundary fronting Emmett Lane. The site is a rectangular shaped allotment located on the northern side of Emmett Street. The site currently comprises a part single and part two storey rendered brick semi detached dwelling with metal roof orientated towards Emmett Street. A detached rendered brick garage which provides parking for one car is located to the rear of the site and accessed from Emmett Lane. The existing dwelling is setback approximately 3.794m to Emmett Street. Fencing comprising of rendered brick base and piers with timber pickets is erected along the Emmett Street frontage. A timber paling fence is erected adjacent to the rear boundary fronting Emmett Lane.


Figure 3: Aerial photo with lot cadastre overlay. Nearmap date 9 August 2013

The surrounding development comprises predominantly semi detached and some detached residential development generally not higher than two storeys. Site Photos

Figure 4: Street elevation with existing rear two storey addition visible to the rear of the original single storey dwelling front.

Figure 5: View of existing rear roof form facing Emmett Street. Note location of common party wall shown indicatively.


Figure 6: Street elevation of the semi detach pair Nos. 52 & 54 Emmett Street.

Note; parapet to original verandah entry is considered to be uncharacteristic in the conservation area.

Figure 7: Rear garden and deck area to northern aspect. Existing garage with entry from Emmett Lane

Figure 8: Rear elevation of earlier two storey addition

RELEVANT HISTORY Previous Development Applications Development Application No. 727/81 was approved by Council for alterations and additions, including construction of the existing rear two storey addition carried out in conjunction with the two storey addition on the semi-detached dwelling partner (No. 54). Development Application No. 318/03 was approved by Council on 15 October 2003 for a new double garage with laundry to rear, first floor additions, internal alterations, and new windows to western elevation.

52 54


Development Application No. 1031/01 relating to the adjoining dwelling at No.54 Emmett Street, a two storey rear addition was approved under DA1215/92 on 14 August 1992. In addition, development application 1031/01 involving the replacement of an existing single garage abutting Emmett Lane with a double garage, was approved by Council on 8 May 2002. Subject Application The application was lodged with Council on 31 October 2013. On 24 October 2001 Council wrote to the application requesting the following information:

1. Clause 4.6 – Exceptions to development standards The plans for your development application involve a non-compliance with a development standard pursuant to clause 4.3 – Height (small lot 5.5m max) in NSLEP 2013. Under clause 4.6 in NSLEP 2013, written justification for the non-compliance is required to allow Council to legally consider this non-compliance.

2. Land owner’s consent – Works to common party wall

It is noted on the architectural plans that the proposal involves works to the common party wall. In this regard, Council requires the consent of the adjoining land owner/s in accordance with section 49 (1) in Environmental Planning and Assessment Regulation 2000.

On 28 October 2013 owner’s consent from the owners of No. 54 Emmett Street consenting the development application was submitted to Council. On 20 November 2013 the requested variation pursuant to Clause 4.6 of NSLEP 2013 addressing the variation to Clause 4.3 of NSLEP 2013 (Height of buildings) development standard was provided. On 16 December 2013 Council wrote to the applicant to request amended plans reflecting the following:

Council requests that the dormer be designed generally in accordance with Section 81.4.11 Dormers of NSDCP 2013 which states, in part, that "dormers must not exceed a height of more than 1.5m from its base to its ridge". It is recommended that the dormer be reduced in scale, in order that more of the original roof is retained and its heritage impact reduced; in particular: • The dormer should be reduced in scale by increasing its setback from the western

wall of the building, thereby increasing its sill height, and lowering its ridge to a minimum of 100mm below the existing ridge. The overall height should be reduced to 1.5m, in accordance with Council's controls;

• The width of the dormer should also be reduced, in order that it display traditional proportions and details consistent with NSDCP Section 13.9.2; and

• The eyelid dormer addition should be setback an additional 500mm in order that more of the original roof be retained, and to limit its visibility from the street.

On 21 January 2014 Council staff met with the applicant to discuss the requested amendments, and advised that amended plans would be provided in response to Council’s earlier correspondence.


On 23 January 2014 amended plans were provided to Council incorporating a reduced dormer an amended eyelid dormer form. Council’s Conservation Planner advised that the amendment were generally in accordance with the changes discussed and were supported. On 28 January 2014 additional amended plans including sections, roof plan and party wall section were provided to Council. REFERRALS Building The proposal would have to comply with the Building Code of Australia. A condition can be imposed to ensure compliance. Heritage The development application was referred to Council’s Conservation Planner who raised initial concerns in relation to the size and scale of the proposed dormer window and rear linking roof form (eyelid dormer). In response to the concerns raised in the preliminary assessment, amended plans were provided by the applicant to reduce the scale of the dormer to be set down from the ridge by 100mm with an additional set of 500mm for the rear eye lid dormer. The following comments were provided by Council’s Conservation Planner:

The property is identified as having a neutral contribution to the Holtermann Estate C Conservation Area. It contains a brick semi-detached cottage built in or prior to 1890, that has been much altered, including a brick parapet structure replacing the original verandah, and a two storey addition at the rear, within an attached pavilion. The property has a single garage accessed off Emmett Lane at the rear. The original semi-detached cottage originates from the significant era of development for the Holtermann Estate Conservation Area. The original cottage form can be readily identified by its roof form, which has been retained intact despite the unsympathetic front verandah addition and the two storey rear addition. It is important that as much of this original roof form as possible is retained, in order to retain the significance of the Conservation Area, particularly as the proposal does not involve the reversal of the unsympathetic addition at the front. The proposal is for alterations and additions to the existing semi-detached dwelling, including internal reconfiguration and the extension of the upper level into the roof space of the front, or original part of the cottage. The addition is contained within a series of roofs including a dormer within the side pitch of the original roof, an extended eyelid dormer and a skillion roof. A preliminary assessment of the proposal, as originally submitted, was undertaken on 13 November 2013, with the following comments:


'Whilst no objections are raised to the proposal in principle, it is not fully supported in its current form due to the heritage impact and non-compliance with Council's controls of the proposed dormer. In particular, concerns are raised about the scale of the proposed dormer, which is considered excessive. The dormer should be reduced in scale, in order that more of the original roof is retained, and its heritage impact is reduced. It is noted that no other dormers exist in original roof pitches along Emmett Street. The application could be supported with some minor amendments that would reduce the heritage impact of the proposal, and comply with Council's controls. The suggested amendments can be achieved without significant impact on the amenity of the proposed addition. NSDCP 2013 Section 1.4.11 (Dormers) states, in part, that 'dormers must not exceed a height of more than 1.5m from its base to its ridge'. It is therefore recommended that:

• The dormer be reduced in scale by increasing its setback from the western wall of the building, thereby increasing its sill height, and lowering its ridge to a minimum of 100mm below the existing ridge. The overall height should be reduced to 1.5m, in accordance with Council's controls.

• The width of the dormer should also be reduced, in order that it display

traditional proportions and details consistent with NSDCP Section 13.9.2.

• the eyelid dormer addition be setback an additional 500mm in order that more of the original roof be retained, and to limit its visibility from the street.

It is recommended that the applicant be advised to amend the application in accordance with these comments' Response to Amended Plans - 23 January 2014 In response to these and other planning comments, amendments were made to the original design, including a reduction in the size of both the front and eyelid dormer. Although the reductions were not to the extent requested, the overall impact of the proposed works has been reduced and is now considered acceptable, subject to specific conditions regarding materials and finishes. The proposal, as amended, is considered have a minimal impact on the significance and character of the Emmett Street streetscape and wider Holtermann Estate Conservation Area. Accordingly, no objections are raised to the proposal on heritage grounds, subject to the following conditions being imposed on any approval: Standard Conditions: A4 No demolition of extra fabric C12 Colours, Finishes and Materials (Conservation Areas) E11 Removal of Extra Fabric Site Specific Conditions:


External Cladding: The external wall cladding of the upper level is to be traditional timber weatherboard with a traditional profile and paint finish. No approval is given for the use of fibre cement cladding. (Reason: To distinguish new work from original fabric, and to ensure the use of

materials consistent with the character of the conservation area) Timber framed windows and doors: All new windows and doors are to be timber framed with a paint finish. No approval is given for metal framed windows. No approval is given for stain or clear finish to timber frames. (Reason: To ensure the use of materials consistent with the character of the

conservation area) Corrugated roof sheeting New roof sheeting is to have a traditional 'custom orb' corrugated profile. No approval is given for mini-orb or other profile. (Reason: To ensure the use of materials consistent with the character of the

conservation area) Skylight over pantry to be deleted: No approval is given for the skylight over the pantry, which is located within the original roof. The skylight is to be deleted from the Construction Certificate documents. (Reason: To ensure the retention of original fabric)

SUBMISSIONS The owners of adjoining properties and the Hayberry Precinct were notified of the proposed development on 1 November 2013. The notification did not result in any submissions. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP 2013 as indicated in the following compliance tables. More detailed comments with regard to the major issues are provided later in this report.


NSLEP 2013 Compliance Table Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 220.5m² Proposed Control Complies Clause 4.2 – Heights of Building

6.3m 5.5m NO

DCP 2013 Compliance Table The North Sydney Development Control Plan 2013 was adopted by Council on 2 September 2013 and is a matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. DCP 2013 was adopted by Council subject to the concurrent commencement with NSLEP 2013 on 12 September 2013. The proposal is generally consistent with Section B1 of the draft DCP relating to residential developments. Particular consideration has been given to the level of compliance with site coverage, landscaped area and setback controls of the DCP.

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

s Comments

1.2 Social Amenity Population Mix, Maintaining Residential Accommodation/population

Yes Residential accommodation and mix will be maintained.

1.3 Environmental Criteria Topography Yes The proposal will not alter the topography of the site. Views Yes The development will not affect any significant views. Solar Access Yes Adequate access to sunlight and daylight will be maintained for

adjoining dwellings. The proposed first floor addition will result in additional shadow falling largely on roof areas of the subject dwelling and its semi detached pair (No. 54). However adequate levels of solar access will be maintained to internal living areas and north facing living room windows, as the outdoor open space of No. 54 and ground floor living rooms would retain their existing north facing aspect and would be unaffected by the proposed first floor additions. The proposed development would not reduce the availability of solar access to internal living areas, windows and outdoor open space to less than 3 hours in midwinter. The development therefore complies with the requirements of Part 1.3.7 of DCP 2013.

Acoustic Privacy Yes The proposed works do not present any new or significant acoustic privacy impacts to adjoining properties.

Visual Privacy Yes The proposed additions do no present any significant adverse or material privacy impact. Adjoining properties are similarly orientated towards Emmett Lane and properties to the north, fronting Hayberry Street are located in excess of 25 metres from the rear of the subject dwelling. The proposal therefore achieve the design requirements of Part


1.3.10 of DCP 2013. 1.4 Quality built form Context Yes The proposed additions, being located to the rear of the original

dwelling roof form is not readily visible from Emmett Street, with the exception of the proposed dormer addition in the front roof form. Council’s Conservation Planner has considered the proposed dormer and rear roof form and initially raised concerns about the size and dominance of the dormer addition to the street. However, the amended proposal is supported, due to the reduction to the dormer form to ensure that the original roof form of the dwelling is retained and interpretable to the street. The dormer has been set down by 100mm from the original hipped roof ridge and set back from the gutter line by approximately 900mm. The proposed dormer also serves to obscure the uncharacteristic form of the rear first floor additions, which replaces the existing two storey additions. The resulting development is generally in keeping with the context of the Holtermann Estate C Conservation Area, could be readily adapted on the adjoining semi detached dwelling in a mirror reverse addition and would not further erode the conservation area. The amended proposal is therefore supported.

Siting Yes

The proposed additions have been designed to comply with the siting requirements expressed in Part 1.4.5 of DCP 2014.

Setback – Side Generally 1st storey (up to 4m) – 900mm 2nd storey (up to 7m) – 1.5m P3 to Part 1.4.6 permits zero (m)/Nil side setbacks in areas where terrace housing or semi detach housing is characteristic

West: No

East: No

Yes

Consideration of nil setback The proposed alterations and additions would not alter the existing ground floor setbacks from the eastern & western boundaries but would extend the existing non-compliant setback from the existing two storey rear addition to follow the common party wall and continue the western boundary setback from the western boundary.

The proposal has been assessed against the side setback requirement for each side boundary with the performance outlined in the following table: Table B-1.5.6: Side Setback Requirement Existing Proposed Complies Ground(W): 790mm 790mm Yes (P3) Ground(E): Nil Nil Yes (P3) 1stFloor(W) 900mm 900mm Yes (P3) 1stFloor(E) Nil Nil Yes (P3)

Figure 9: Proposed additional floor areas


Figure 10: Existing western elevation showing rear two storey addition.

Figure 11: Western elevation setback showing are of variation at 900mm. Note: proposed dormer complies with side setback. As shown in Figures 9, 10 & 11 the area of proposed additional floor area and external walls (shown hatched) indicates a small portion of the additions which breach the setback control along the western (side) boundary. The proposed first floor additions however reflect the existing wall alignment already evident and impacts beyond the site would be limited. The setback to the east (party wall) boundary reflects the party wall alignment, with the adjoining owners at No. 54 having provided consent to the proposed additions. (refer party wall diagram below figure 12) Part 1.4.6 P3 provides that Council may grant consent to a development with nil (0m) setback in circumstance where Council has had regard for the characteristics of the site including the following: a. Is the street characterised by terrace housing? The street is

characterised by single and two storey detached and semi detach dwellings. A large number of semi detached dwelling are retained.

b. What is the height and length of the wall on the boundary? The proposed western elevation of the rear first floor additions would extend up to 6.5 metres above existing ground level at the façade. This is less than the maximum height of the existing rear additions but would result in a two storey wall length of 8 metres in the centre of the site.

The works on the party wall would extend up to 6.5 metres above assumed ground levels. The maximum party wall height is less than the rear roof ridge and sits below the front roof form as indicated on the proposed long section:

Line of existing roof/extent of additional wall


Figure 12: Proposed party wall elevation. The impact of the wall length to both the eastern and western elevations is indicated in the shadow diagrams and is not considered to present a significant impact to the eastern (side) elevation of the adjoining property to the west (No. 50). Elevation shadow diagrams indicate that the impacts would be comparable to the existing shadow profile due to the proposed works being located to the south of the existing two storey addition and the pre-existing building separation distance. It is also noted that primary outdoor spaces and north facing windows within No. 50 Emmett Street would remain unaffected by the proposed additions.

c. Has the applicant control over the adjoining site(s) or the agreement of their owners? Owner’s consent has been provided by the owner’s of No. 54, being the subject to the existing party wall cross-easement.

d. What are the impacts on the amenity and/or development potential of adjoining sites? This matter is addressed in greater detail above. Amenity impacts are considered to be acceptable.

e. Are there arrangements in place for the maintenance of the wall or gutters? There is an existing cross-easements of the existing party wall between the subject site and the adjoining semi-detached dwelling (No. 54). A condition is recommended to requires this easement to be modified to reflect the amended party wall length.

The proposed nil setback to the east boundary and first floor setback to the west building of less than 1.5 metres is supported in the circumstances of this case, given the existing site improvements, including two storey rear additions, and the demonstrated lack of impact to adjoining properties in terms of overshadowing, privacy and building separation. The proposed additions reflect the prevailing character of Emmett Street, with the majority of additional building bulk largely obscured to the rear of the new dormer roof and main roof form. The setback variations have been considered against the requirements of Part 1.4.6 of DCP 2013 and are supported in this instance.

Setback - Rear Yes The proposed additions would not extend beyond the rear façade of the existing two storey rear additions and as such would not reduce the existing rear setback to the rear. It is also noted that the proposal incorporates a new “awning” window to the rear façade, in place of two existing bedroom

Area of additional party wall (hatched)


windows. This is a minor alteration only and would not present any significant adverse impact to adjoining properties either in terms of loss of privacy or over shadowing, considering that the nearest property to the north is greater than 25 metres away.

Form Massing Scale Yes The size of the proposed additions and alterations is considered to be consistent with other semi-detached dwellings in the street. The height of the first floor addition additions has been considered in greater detail, as discussed in the Building Height section in this report. Variation above the 5.5m height control is acceptable as outlined under that section.

Built Form Character Yes The resulting development is generally in keeping with the built form character of the Holtermann Estate C Conservation Area.

Dwelling Entry Yes No change to the existing covered entry. Roofs Yes The proposed roof form, with new dormer addition is considered

to reflect the characteristic roof form evident in the Holtermann estate conservation areas A, B, C & D. The existing characteristic roof pitch and material will be preserved and the original roof form evident through the set down of the dormer addition, the retention of the hipped roof form and by the minimisation of the dormer roof and gable face. The resulting development, whilst introducing a new dormer element into the street is considered acceptable in the circumstances.

Dormers Yes In accordance with the recommendation of Council’s conservation planner the amended dormer is considered to be acceptable, having regard for the set down from the main ridge by 100mm, and increased setback from the gutter line and retention of the existing roof pitch and complimentary materials. The proposed dormer has a gable face of up 1.75m which exceeds the DCP requirement by a minor amount. However the size of the dormer face is mitigated by the significant setback from the gutter line by 900mm which ensures much of the dormer is contained within the roof plane. The resulting dormer form does not dominate the street and would not detract from the conservation area. It is noted that Council is currently considering a number of proposals in the vicinity of the site which incorporate dormer windows. In all circumstances, such additions into traditional roof forms should reflect the tradition roof pitch, must preserve existing chimneys, be set down from the original roof ridge and back from the gutter line.

Materials Yes The proposed materials and colours selection are generally compatible with the character of the building and neighbourhood. Council’s Conservation Planner has recommended a number of conditions be imposed to improve the presentation to the street, including the use of selected external weather board cladding in place of fibre cement rendered panels, but generally supports the materials selection.

1.5 Quality Urban Environment High Quality Residential Accommodation

Yes The proposed additions and alterations will result in a significant improvement to the internal amenity for residents.

Vehicle Access and Parking N/A No change to existing arrangements. Site Coverage (s1.5.5 of DCP 2013)

Yes A maximum site coverage of 60% applies to the proposed development. The existing site has a total site coverage of 54.6%, excluding the rear deck and awning in accordance with exclusions expressed in P2 to s1.5.5 of DCP 2013.

Table B-1.6: Max Site Coverage Type Lot Size Cover


(max) The proposed development would not alter the site performance with regard to the site coverage requirements expressed under Part 1.5.5 of DCP 2013 and complies with the maximum provision.

Attached/ detached/ semi-detached dwelling

0-229 60% 230-499 50% 500-749 40% 750-999 35% 1000+ 30%

Dual occupancy All 45% Landscape Area (s1.5.6 of DCP 2013)

Yes Landscape area (20% min required) The site has an existing total landscape area of 57.3m2 (26%) which complies with DCP 2013 requirements. The proposed development also would not alter the site’s performance with regard to landscape area as works are wholly within the existing building footprint. Un-built upon area (20% (max) permitted) The site has an existing un-built upon area (UBA) of 42.9m2 (19.5%) inclusive of paths, driveways and un-enclosed deck areas The site currently complies with DCP 2013 requirements. The proposed development also would not alter the site’s performance with regard to un-built upon area as works are wholly within the existing building footprint.

Table B-1.7: Landscape area (min) & Un-Built Upon Area UBA (max) Type Lot size Land

scape UBA

Attached/ detached/ semi-detached dwelling

0-229 20% 20% 230-499 30% 20% 500-749 40% 20% 750-999 45% 20% 1000+ 50% 20%

Dual occupancy

All 40% 15%

Excavation Yes Excavation is not proposed under this application. Works required to facilitate modifications to the party wall footings will need to be addressed at the Construction Certificate stage and would be subject to engineers certification. Conditions have been recommended to require the engineering certification to be carried out at the CC stage.

1.6 Efficient Use of Resources Energy Efficiency Yes The applicant has provided a BASIX Certificate in support of the

development application. An appropriate condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

Passive Solar Design Yes The existing dwelling will retain the existing northerly aspect and has been designed with regard to passive solar requirements. It is noted that the BASIX Certificate requires awnings/minimum eaves dimensions to the north and west facing openings in order to limit excessive heat loading of the dwelling.

Thermal Mass and Insulation N/A As per BASIX certificate Natural Ventilation N/A The revised building layout will improve the cross-flow

ventilation to ground floor rooms. The amount of air conditioned floor area is not required to be nominated on BASIX Certificate for alterations and additions.

Hot Water Systems N/A A gas instantaneous hot water heater is to be installed as per BASIX certificate requirements.

Water Conservation N/A In accordance with the BASIX Certificate commitments: • The applicant must ensure new or altered showerheads have

a flow rate no greater than 9 litres per minute or a 3 star water rating.

• The applicant must ensure new or altered toilets have a flow rate no greater than 4 litres per average flush or a minimum 3 star water rating.

• The applicant must ensure new or altered taps have a flow rate no greater than 9 litres per minute or minimum 3 star water rating.


Stormwater Management N/A Changes to the existing stormwater management requirements for the site are not required as the development is wholly contained within the existing building footprint. A condition has been recommended to require the altered roof forms to discharge stormwater to the existing stormwater system. Standard conditions have been recommended to require necessary sediment erosion control measures to be employed at the site during construction phases.

Water Management and Minimisation

N/A As per BASIX Certificate requirements.

Green Roofs N/A The scope of works is insufficient to required a green roof/wall.

Wind Turbines N/A The proposal does not propose or require a wind turbine. NORTH SYDNEY LEP 2013 Permissibility within the zone: The site is identified under the LEP as being included within the R2 Low Density Residential zone. The proposal for the purpose of a dwelling house is permissible in the zone. Demolition is permissible with consent, pursuant to Clause 2.7 of the Plan. Zone Objectives The development satisfies the specific aims of the plan and the objectives of the R2 Low Density Residential zone contained in Clause 2.8 of NSLEP 2001. In particular, the development will provide for a high level of amenity while maintaining a low density residential environment, as discussed in this report. Building Heights Under the provisions of Clause 4.3(2A), the maximum height of a building permitted on the subject site is 5.5m. The proposal would have a maximum height of 6.5m above existing ground level and would exceed the maximum height provisions of this clause.

Figure 13: Western elevation showing variation above the 5.5metre height limit

The applicant has provided a written request justifying a variation to the building height control. The proposed breach has been assessed in accordance with the requirements of Clause 4.6(3), the objectives of the control and the zone. These matters have been considered below:


(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient, The proposed alterations and additions would not alter the existing site topography steps as the proposed works are contained wholly within the existing building footprint. (b) to promote the retention and, if appropriate, sharing of existing views, The proposed development would not result in any material loss of views from any surrounding properties or adjoining public areas. (c) to maintain solar access to existing dwellings, public reserves and streets, and to promote solar access for future development, The proposed development would not result in any significant additional overshadowing to adjoining properties, public reserves or streets. The shadow diagrams submitted with the development application have been considered, having regard for the existing shadow environment during mid winter and at the equinoxes. The impacts to the adjoining property to the west (No. 50) is expressed on the shadow diagrams as follows:

Figure 14: Existing 9am shadow

Figure 15: Proposed 9am shadow

No. 50


Figure 16: Existing 12 noon shadow

Figure 17: Proposed 12 noon shadow

The development will result in the loss of morning light on winter solstice from the eastern windows at the rear of No.50 Emmett Street which adjoins the site immediately to the west. The affected windows are in shadow at all other times during winter solstice. However, the shadow impacts are considered satisfactory as the adjoining dwelling will continue to have reasonable access to sunlight and daylight despite the development, having regard to the following:

• The adjoining north facing living room and outdoor open space area to the rear of the adjoining property would retain a high degree of uninterrupted solar access from the rear (northern) elevation of the adjoining dwelling;

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

• Solar access will generally be maintained at the affected windows at other times of year, as shown in the equinox diagrams (21 March/September).

The development will not result in any significant shadow impacts on the east-adjoining dwelling at No. 50 Emmett Street, as indicated by the submitted shadow diagrams. Adequate access to sunlight and daylight will be maintained to the adjoining dwelling as the proposed first floor additions will result in addition shadows falling largely on roof areas of the subject dwelling and its semi detached pair (No. 54). Compliant levels of solar access will be maintained to internal living areas and north facing living room windows, as the outdoor open space of No. 50 & 54 with ground floor living rooms retaining their existing north facing aspect. The proposed development would not reduce the availability of solar access to internal living areas, windows and out door open space to less than 3 hours in midwinter and therefore complies with the solar access requirements expressed under Part 1.3.7 of DCP 2013.


(d) to maintain privacy for residents of existing dwellings and to promote privacy for residents of new buildings, The proposed development would maintain an acceptable level of privacy for adjoining properties. Adequate building separation will be maintained between the subject additions and adjoining dwellings to the north, west & east of the site. (e) to ensure compatibility between development, particularly at zone boundaries, The proposal would be compatible with surrounding development in the vicinity of the subject site which is predominately characterised by one and two storey detached and semi detached dwellings on small lots. There is no transition in the land zoning because the subject site and adjoining properties are all within the R2 Low Density Residential zone. (f) to encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area. The proposed rear additions is considered to be sympathetically designed by being clearly distinguishable from the original dwelling because the works would be located well back on the site, would replace an existing two storey addition that also exists on the adjoining semi detached dwelling and the main additional “eyelid” roof form would be located below the main ridge height. The size of the proposed dwelling would not be significantly larger than other dwellings near the site, which include rear two storey additions. The proposed alterations within the main roof form and also largely contained within the existing traditional roof form, resulting in a development that is in keeping with the scale and built form of the locality, particularly in its presentation to Emmett Street. The proposal has been assessed against the objectives of Clause 4.3(1) and is considered to achieve the objectives of the control despite the variation from the standard. Compliance with the maximum building height control is therefore considered to be unreasonable and unnecessary in the circumstances, as the objectives and purpose of the control is achieved despite the non-compliance. The written justification as submitted by the applicant seeking variation to Clause 4.3(1) in NSLEP 2013 is considered to be well founded in the circumstances. Excavation of Land Clause 6.10 of NSLEP 2013 seeks to ensure that earthworks will not have any detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land. Contaminated Land Suspensions of Covenants, agreements and similar instruments In accordance with Clause 1.9A of NSLEP 2013 and for the purpose of enabling development to be carried out in accordance with the LEP, Council is not restricted by any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose and to grant development consent.


It is noted that the site is subject to an existing cross-easement relating to the existing party wall between the subject site and the adjoining semi-detached dwelling (No. 54). A condition is recommended to requires this easement to be modified to reflect the amended party wall length prior to the issue of the Occupation Certificate, it being noted that the subject affected neighbours have provided owner’s consent to the lodgement of this development application. Heritage Conservation The site is within the Holtermann Estate C conservation area (CA09) and therefore subject to the heritage conservation provisions of Clause 5.10 of NSLEP 2013. As discussed in the Referrals section, Council’s Conservation Planner has advised the amended plans submitted have adequate addressed concerns raised in the initial assessment and the development is satisfactory with regard to the heritage conservation requirements of NSLEP 2013. SEPP 55 and Contaminated Land Management Issues The subject site has been considered in light of the Contaminated Lands Management Act and it is considered that as the site has been used for residential purposes for many years, contamination is unlikely. SREP (Sydney Harbour Catchment) 2005 The subject site is/ is not within part of North Sydney that is required to be considered pursuant to SREP (Sydney Harbour Catchment) 2005. DEVELOPMENT CONTROL PLAN 2013 St Leonards / Crows Nest Planning Area (Holtermann Estate C Conservation Area) The proposal is generally consistent with Section C3 of NSDCP 2013, which provides for the St Leonards/Crows Nest Planning Area and Holtermann Estate C Conservation Area. In The proposed development would generally reflect and reinforce the existing built form to Emmett Street and would conserve the heritage characteristics evident in the Conservation area. IN accordance with recommendations of Council’s Conservation Planner, it is recommended that conditions be imposed (See Conditions C1, C2 and C3) to ensure that the materials are sympathetic to the conservation area. 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 NA 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 CONCLUSION The proposal seeks consent for alterations and additions to the existing semi detached dwelling including partial demolition of an existing first floor addition and construction of a new first floor addition with new linking addition into the main original dwelling roof. The assessment has considered the performance of the application against Council’s planning requirements under NSLEP 2013 and NSDCP 2013. The written submission provided pursuant addressing the requested variation to the height of building control is considered to be well founded and the proposed height variation considered to be acceptable. The development application is considered to be a reasonable response to the opportunities and constraints of the site and is recommended for approval subject to conditions. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT NSIPP, as the consent authority, assume the concurrence of the Director

General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for height (Clause 4.3 of NSLEP 2013) and grant consent to Development Application No. 366/13 for alterations and additions to dwelling including new first floor additions on land at 52 Emmett Street, Crows Nest subject to the following site specific conditions and attached standard conditions. External Cladding: C1. The external wall cladding of the upper level is to be traditional timber

weatherboard with a traditional profile and paint finish. No approval is given for the use of fibre cement cladding.

(Reason: To distinguish new work from original fabric, and to ensure the

use of materials consistent with the character of the conservation area)


Timber framed windows and doors: C2. All new windows and doors are to be timber framed with a paint finish. No

approval is given for metal framed windows. No approval is given for stain or clear finish to timber frames.

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

conservation area) Corrugated roof sheeting C3. New roof sheeting is to have a traditional 'custom orb' corrugated profile. No

approval is given for mini-orb or other profile. (Reason: To ensure the use of materials consistent with the character of the

conservation area) Skylight over pantry to be deleted: C4. No approval is given for the skylight over the pantry, which is located within

the original roof. The skylight is to be deleted from the Construction Certificate documents.

(Reason: To ensure the retention of original fabric) Modified Cross-Easement (Common Party Wall) G4. Prior to the issue of the Occupation Certificate, the Certifying Authority must

be satisfied that the necessary cross-easement party wall agreements have been created and registered on the title of the land reflecting the modified party wall location and dimensions.

Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate.

All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system)

DAVID HOY STEPHEN BEATTIE TEAM LEADER ASSESSMENTS MANAGER DEVELOPMENT SERVICES

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

52 EMMETT STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 366/13

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 Dated Received

003 A Site plan/analysis sketchArc 26/03/13 21/10/13 200 A Ground floor plan sketchArc 26/03/13 21/10/13 201 B First floor plan sketchArc 26/03/13 23/01/14 202 B Roof plan sketchArc 26/03/13 23/01/14 400 B Elevations sketchArc 26/03/13 23/01/14 501 B Section 1 sketchArc 26/03/13 23/01/14 502 B Sections 2 sketchArc 26/03/13 28/01/14 503 B Party Wall elevation sketchArc 26/03/13 28/01/14

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

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

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

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

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

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

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

ATTACHMENT TO IPP08 - 05/02/14 Page 25

52 EMMETT STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 366/13 PAGE 2

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C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). External Cladding C1. The external wall cladding of the upper level is to be traditional timber weatherboard

with a traditional profile and paint finish. No approval is given for the use of fibre cement cladding.

(Reason: To distinguish new work from original fabric, and to ensure the use of

materials consistent with the character of the conservation area) Timber framed windows and doors C2. All new windows and doors are to be timber framed with a paint finish. No approval

is given for metal framed windows. No approval is given for stain or clear finish to timber frames.

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

conservation area) Corrugated roof sheeting C3. New roof sheeting is to have a traditional 'custom orb' corrugated profile. No approval

is given for mini-orb or other profile. (Reason: To ensure the use of materials consistent with the character of the

conservation area) Skylight over pantry to be deleted C4. No approval is given for the skylight over the pantry, which is located within the

original roof. The skylight is to be deleted from the Construction Certificate documents.

(Reason: To ensure the retention of original fabric)

Dilapidation Survey Private Property (Neighbouring Buildings) C5. A photographic survey and dilapidation report of adjoining properties No’s. 54

Emmett Street, Crows Nest detailing the physical condition of those properties, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.



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

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

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

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

(Reason: Proper management of records)

Structural Adequacy (Semi Detached and Terrace Buildings) C6. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining properties No’s. 54 Emmett Street, Crows Nest which certifies their ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

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

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

properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C7. A report prepared by an appropriately qualified and practising structural engineer,

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

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



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Sediment Control C8. Where construction or excavation activity requires the disturbance of the soil surface

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

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

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

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

construction.

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

erosion from development sites) Waste Management Plan C9. 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)



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Colours, Finishes and Materials (Conservation Areas) C10. The finishes, materials and exterior colours shall be complimentary to the

architectural style of the original building and sympathetic to the character of the Conservation Area. A schedule of finishes, materials and external colours shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.

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

complementary to the Conservation Area.) Roofing Materials - Reflectivity C11. Roofing materials must be factory pre-finished with low glare and reflectivity

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

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

materials does not occur as a result of the development) Stormwater Disposal C12. Stormwater runoff generated by the approved development must be conveyed by

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

(Reason: To ensure appropriate provision for disposal and stormwater

management arising from the development) Asbestos Material Survey C13. A report must be prepared by a suitably qualified person in relation to the existing

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



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

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

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

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

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

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

(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

Air Conditioners in Residential Premises C14. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or

(ii) before 7.00am or after 10.00pm on any other day

(b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.

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

“boundary” includes any window or elevated window of an affected residence.



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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. (Reason: To maintain residential amenity)

BASIX Certificate C15. 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. A173778 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) Asbestos Material Survey

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

qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:

a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;

b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

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

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

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



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(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

Commencement of Works Notice

D2. Building work, demolition or excavation in accordance with this development consent must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the commencement of any building work, demolition or excavation)

E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

(Reason: To ensure adequate provision is made for builders’ waste) Road Reserve Safety E2. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)



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Temporary Disposal of Stormwater Runoff E3. During construction, stormwater runoff must be disposed in a controlled manner that

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

(Reason: Stormwater control during construction)

Removal of Extra Fabric E4. Should any portion of the existing building, trees, or curtilage of the site which is

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

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

Special Permits

E5. 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)



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2) Hoardings Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.

(Reason: Proper management of public land) 3) Storage of building materials and building waste containers (skips) on

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

(Reason: Proper management of public land) 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.

(Reason: Proper management of public land) Construction Hours E6. 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.



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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) Out of Hours Work Permits E7. 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 E8. 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.


http://www.northsydney.nsw.gov.au/�


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

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

erosion from development sites) Sediment and Erosion Control Signage E9. 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 E10. 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 E11. 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)



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Community Information E12. Reasonable measures must be undertaken at all times to keep nearby residents

informed about the proposed work, such as by way of signs, leaflets, public meetings and telephone contact numbers, to ensure that adjoining residents are aware of the likely duration of the construction works on the site

(Reason: To ensure that residents are kept informed of activities that may affect

their amenity) Prohibition on Use of Pavements E13. Building materials must not be placed on Council's footpaths, roadways, parks or

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

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

Plant & Equipment Kept Within Site E14. All plant and equipment used in the undertaking of the development/ works, including

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

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

Waste Disposal E15. All records demonstrating the lawful disposal of waste must be retained and kept

readily accessible for inspection by regulatory authorities such as North Sydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)

Asbestos Removal E16. All demolition works involving the removal and disposal of asbestos cement must

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

WorkCover requirements).


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September 2013 v1

F. Prescribed Conditions imposed under EP&A Act and Regulations and other relevant Legislation

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

Building Code of Australia.

(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

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

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

appointed:

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

6 of that Act, or

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

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

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

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

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

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

(Reason: Prescribed - Statutory)



September 2013 v1

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

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

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

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

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

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

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

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

Occupation Certificate F5. A person must not commence occupation or use of the whole or any part of a new

building (new building

includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory) Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence the erection of the building.



September 2013 v1

(Reason: Statutory; To ensure appropriate safeguarding measures are in place prior to the commencement of any building work, demolition or excavation)

Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

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

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

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

3) Demolition work must be undertaken in accordance with the provisions of

AS2601- Demolition of Structures.

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

Protection of Public Places F9. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

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

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

hazardous to persons in the public place.

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

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

Note: Prior to the erection of any temporary fence or hoarding over property owned

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



September 2013 v1

Site Sign F10. 1) A sign must be erected in a prominent position on the site

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

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

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

Certifying Authority for the work.

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

(Reason: Prescribed - Statutory)

G. Prior to the Issue of an Occupation Certificate Damage to Adjoining Properties G1. 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) BASIX Completion Certificate G2. 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) Damage to Adjoining Properties G3. 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;



September 2013 v1

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

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

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

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

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

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

possible) Modified Cross-Easement (Common Party Wall)

G4. Prior to the issue of the Occupation Certificate, the Certifying Authority must be

satisfied that the necessary cross-easement party wall agreements have been created and registered on the title of the land reflecting the modified party wall location and dimensions.

Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate. All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system)


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ATTACHMENT TO IPP08 - 05/02/14ATTACHMENT TO IPP08 - 05/02/14 Page 43

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...two storey addition on the semi-detached dwelling partner (No. 54). Development Application No. 318/03 was approved by Council on 15 October