NORTH SYDNEY COUNCIL · 2015-02-26 · NORTH SYDNEY COUNCIL . Council Chambers . 26 February 2015 . I wish to inform you that Meeting of the a NORTH SYDNEY INDEPENDENT PLANNING PANEL

NORTH SYDNEY COUNCIL

Council Chambers 26 February 2015

I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the Council Chambers, North Sydney at 4pm on Wednesday 4 March 2015 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. WARWICK WINN GENERAL MANAGER

BUSINESS 1. Minutes

Confirmation of Minutes of the previous Meeting held on 3 December 2014. (Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

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North Sydney Independent Planning Panel - 04/03/15 Page No 2

2. IPP01: 47/171 Walker Street, North Sydney (V) -DA 10/15

Applicant Pamela Marjorie Wright Report of Adonna See, Graduate Assessment Officer, 11 February 2015 This development application seeks Council’s approval for the enclosure of an existing balcony at Unit 47 on the twelfth floor at the south eastern elevation of an apartment building knows as the “Century Plaza” at 151 Walker Street, North Sydney. The proposed works involve the installation of fixed and operable glass and louvre panels to match those existing balcony enclosures on each elevation of the subject building. The proposed balcony enclosure is designed to match the existing balustrade profile in accordance with the adopted masterplan for the subject building. The application is reported to the North Sydney Independent Planning Panel for determination because the variation sought to the building height development standard is greater than 10% requiring determination by the NSIPP in accordance with the directions from the NSW Department of Planning. The proposed new works are greater than 20m in height in a 12m height zone. The owners of adjoining properties and the Stanton and CBD precincts were notified of the proposed development on 5 February 2015 to 20 February 2015. The notification did not result in any submissions. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) 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 of the Department of Planning and Environment and invoke the provisions of Clause 4.6 to the provision of Clause 4.3 (Height of Buildings) of NSLEP 2013 and grant consent to Development Application No. 10/15 for the enclosure of the south east facing balcony within a residential apartment building, upon land described as 47/171 Walker Street, North Sydney, subject to the attached standard conditions and following site specific conditions:- Curtains and Blinds I1. The use of curtains, blinds, and the like within the enclosed balconies is prohibited. (Reason: Integrated and consistent building façade and design and functionality of balconies) Openings to Balcony Enclosures I2. Existing door and window hardware openings onto the enclosed balconies are to remain in place and be maintained to separate existing rooms from the enclosed balcony. (Reason: Integrated and consistent building façade and design and functionality of balconies)


3. IPP02: 88 Alfred Street, Milsons Point (L) - DA608/04/4 Applicant: Cbus Property 88 Alfred Street Pty Ltd Report of George Youhanna, Executive Planner, 21 January 2015 This s.96 application seeks Council’s approval for changes to the building facades, a reduction in the non residential floor space, an increase in the number of dwellings from 87 to 123 and rearrangement of 105 car spaces. The subject site is located on the northern corner of the intersection of Alfred and Cliff Streets, Milsons Point. It has an area of 1,545m2. The site has frontage to Alfred Street at its eastern boundary and to Cliff Street at its southern and western boundaries, and adjoins No. 94-96 Alfred Street which is a mixed use building known as ‘Portofino’. The site is currently occupied by The Vibe Hotel which contains 165 guest rooms and 60 car spaces. Development consent to DA608/04 was granted under delegated authority, for substantial alterations and additions to the existing building at No. 88 Alfred Street, Milsons Point (The Vibe) to convert it from a hotel to a mixed-use building comprising 87 apartments (58 x 2 bedroom and 29 x 3 bedroom) from levels 1 to 16 and 1,377m2 of non-residential floor space comprising 10 tenancies on the ground and lower ground level. The development consent has been modified on two previous occasions. It is considered that the works have physically commenced. Council’s notification of the proposal has attracted eight (8) submissions raising particular concerns about view impact, amenity, density, infrastructure, overshadowing, traffic, parking and other matters. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. Following this assessment the s.96 application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 96 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, approve s.96 application No.608/04/4 subject to the following amendments:

Development in Accordance with Plans (S96 Amendments)

Conditions A1, C1, C4, C8, C9, C13, C31, C32, C33, C35, C36, C38, C39, C41, C50, I1 & I5 to be deleted and replaced with the following conditions:

A1.The development being carried out in accordance with plans numbered all endorsed with Council’s approval stamp, except where amended by the following conditions. Plan No. Issue Title Drawn by Dated

A03.003 E Basement Level 003 Bates Smart 24/10/14 A03.002 E Basement Level 002 Bates Smart 24/10/14 A03.001 E Basement Level 001 Bates Smart 24/10/14 A03.00 F Level 00 Plan Bates Smart 19/12/14 A03.01 G Level 01-02 Plan Bates Smart 30/1/15 A03.03 E Level 03 Plan Bates Smart 24/10/14 A03.04 E Level 04-10 Plan Bates Smart 24/10/14 A03.11 H Level 11 Plan Bates Smart 3/2/15


A03.12 E Level 12-13 Plan Bates Smart 24/10/14 A03.14 E Level 14 Plan Bates Smart 24/10/14 A03.15 E Level 15 Plan Bates Smart 24/10/14 A03.16 E Level 16 Plan Bates Smart 24/10/14 A03.17 E Roof Plan Bates Smart 24/10/14 A07.000 E East Elevation Bates Smart 19/12/14 A07.001 D West Elevation Bates Smart 24/10/14 A07.002 E South Elevation Bates Smart 19/12/14 A07.003 D North Elevation Bates Smart 19/12/14 A08.001 E Section AA Bates Smart 19/12/14 A08.002 E Section BB Bates Smart 30/1/15 A12.101 E Adaptable

Apartments Bates Smart 24/10/14

Unnumbered

- Untitled (Sound and visual screen detail to rooftop plant)

Bates Smart Undated

(Reason:To ensure the form of development undertaken is in accordance with the determination, and public information) Adaptable Housing C1.Twelve (12) of the apartments are to be capable of adaptation (without the need for structural change) to meet the needs of the disabled, and to incorporate level entries, wider doorways and corridors, slip resistant surfaces, reachable power points and light switches, disabled toilet and lever taps and handles, designed in accordance with AS 4299. Details of compliance are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To ensure that there is a mixture of apartments within the building that are suitable for use by disabled persons) Disabled Access C4.Disabled access is to be available from the public domain into the main part of each of the non-residential tenancies. Any level change required to achieve this access, must be made within the proposed building. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To ensure there is equitable access to the building) Terrace to Apartment 11.01 C8.The rooftop area adjacent to apartment 11.01 on level 11, that is located to the west of the master bedroom balcony and north of the lounge area shall be non-trafficable with no access from the dwelling (essential maintenance access only) and the non-trafficable area shall be common property in any strata subdivision. Any structures in this area, such as a balustrade and landscaping, are not to affect views available from No.94-96 Alfred Street, as indicated by the “Webber Line” on the approved plans. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To protect significant views from adjacent apartments) Awnings C9.The awning along the Alfred Street frontage is to have a minimum height of 3.2m above the footpath level. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To ensure that the awning is of an appropriate height)


Privacy Screen - Terrace to Apartment 15.03 C13.The southern side of the eastern rooftop terrace to apartment 15.03 shall be modified to include privacy screening (fixed louvre blades or similar) to be erected to a minimum height of 1.5m above the finished floor level. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To minimise overlooking of No.30 Glen Street while retaining views from Unit 15.03) S94 Contributions C31.A contribution pursuant to the provisions of Section 94 of the Environmental Planning and Assessment Act 1979, as specified under the current North Sydney Section 94 Contribution Plan for the services detailed in column A and, for the amount detailed in column B shall be made to Council.

A B ($) Community Centres $29,636.94 Library Acquisition $4,837.65 Library Premises & Equipment $15,400.82 Multi Purpose Indoor Sports Facility

$1,612.02

Open Space Acquisition $406,139.82 Open Space Increased Capacity $805,037.96 Olympic Pool $5,244.69 Traffic Improvements $41,911.96 The total contribution is

$1,309.821.86 The contribution, less any contributions previously paid in relation to the original development approval, SHALL BE paid prior to determination of the application for Construction Certificate, where applicable. The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price (All Ordinaries) Index applicable at the time of the payment of the contribution. A copy of the North Sydney Section 94 Contribution Plan can be viewed at North Sydney Council’s Customer Service Centre, 200 Miller Street, North Sydney or downloaded via Council’s website at www.northsydney.nsw.gov.au (Reason:To retain a level of service for the existing population and to provide the same level of service to the population resulting from new development) Security Bond Schedule C32.All fees and security bonds in accordance with the schedule below must be paid or in place prior to the issue of the required Construction Certificate:-

Security deposit/ guarantee Amount ($) Infrastructure Potential Damage Bond (incl. stormwater infr.)

$174,000.00

Engineering Construction Bond $144,000.00 TOTAL BONDS $318,000.00

(Reason:Compliance with the development consent) Bonds C33.Prior to the issue of any Construction Certificate, security deposit or bank guarantee must be provided to Council to the sum of $318,000.00 to be held by Council for the payment of cost for any/all of the following: making good any damage caused to any property of the Council as a consequence of the doing of anything to which this consent relates,


completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with this consent remedying any defects in any such public work that arise within 6 months 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) Vehicular Access way Design C35. The applicant shall design the vehicular access way in compliance with the following: (a)The vehicular access way shall be designed to comply with AS 2890.1 to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or garage floor. (b)The width of the vehicular layback shall be 12 metres (including the wings). (c)The crossing (between the layback and the property boundary) shall be placed on a single straight grade of approximately 4.5%, falling to the back of the layback. (d)Any twisting of driveway access shall occur entirely with in the subject property. (e)A certificate prepared by an appropriately qualified and practising Civil Engineer shall be provided to the Certifying Authority to certify compliance with these requirements prior to the issuing of any Construction Certificate. (Reason:To facilitate appropriate vehicular access to private sites, without disruption to pedestrian and vehicular traffic) Footpath Reconstruction C36.The applicant shall reconstruct/construct the footpath along the Alfred Street and Cliff Street frontages. The path is to be constructed for the full width of the footpath using current North Sydney approved concrete paving blocks. The vehicular crossing is to be constructed using current North Sydney approved interlocking paving blocks. A certificate prepared by an appropriately qualified and practising Civil Engineer, shall be provided with the proposed design to the Certifying

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Authority to certify compliance with these requirements prior to the issuing of the Construction Certificate. Installation of the paving blocks and associated street trees, grass verges and planter boxes shall be carried out in accordance with the approved landscape plan prior to the issue of any Occupation Certificate. (Reason:To ensure that public infrastructure arising from the development is of an appropriate form for the locality) Crossing Plan Details C38.The following details must be submitted with the application for Construction Certificate:- (i)Longitudinal section along the extremities and centre-line of each driveway/access ramp at a scale of 1:50. (ii)Sections to be taken from the centre-line of the roadway through to the parking area itself and shall include all changes of grade both existing and proposed. (iii)The sections shall show all relevant levels and grades (both existing and proposed) including those levels stipulated as boundary levels. (iv)The sections shall show the calculated clearance to the underside of any overhead structure. (v)A longitudinal section along the gutter line showing how it is intended to blend the vehicular crossing into the existing kerb and gutter. (vi)A longitudinal section along the boundary line showing how it is intended to blend the vehicular crossing into the proposed boundary levels. (vii)All details of internal ramps between parking levels. All details are to be certified by an appropriately qualified and practising Civil Engineer, as complying with Australian Standard AS 2890.1, and Council’s standard specifications. Written concurrence is to be obtained from North Sydney Council, prior to the activation of this consent. (Reason:To facilitate suitable vehicular access to private sites, without disruption to pedestrian and vehicular traffic) Road Works-Reconstruct Carriageway Shoulder C39.The applicant must reconstruct/construct the carriageway shoulder (600mm wide strip adjacent to all new gutter works. The works shall be designed and constructed in compliance with the following: (a)All elements of the works within the road reserve is to be constructed in accordance with Council’s current documents Infrastructure Specification and Vehicular Access Application Guidelines and Specification. (b)All redundant laybacks must be reinstated as kerb and gutter. (c)The proposed kerb gutter and layback gutter alignment shall be raised on a parallel alignment to the existing gutter to ensure that the cross fall grade of the carriageway shoulder is between 1.0% and 5.5% for a distance of 600mm, falling to the gutter, starting from the surface of the existing carriageway 1050mm from the existing face of kerb. The footpath pavement shall be placed on a single straight grade of 3.0% falling to the top of kerb. The footpath pavement shall be the existing width and placed adjacent to the front boundary of the property. Footpath pavement transition works are required to ensure gentle changes in grade, drainage and no ‘trip’ hazards between the existing and proposed pavement. These works have been assessed as 1500mm in length.


(f)Kerb/gutter transition works are required to ensure gentle changes in grade and longitudinal drainage between the existing and proposed kerb and gutter. These works have been assessed as: (i)Upstream of the proposed layback, the kerb/gutter must be reconstructed for a length of 1500mm or to a point where a longitudinal gutter grade of 1.0% can be achieved or to an existing joint, whichever is the greatest. (ii)Downstream of the proposed layback, the kerb/gutter must be reconstructed for a length of 1500mm or to an existing joint, whichever is the greatest. (g) A certificate prepared by an appropriately qualified and practising Civil Engineer, shall be provided to the Certifying Authority to certify compliance with these requirements prior to the issuing of the Construction Certificate. Written concurrence is to be obtained from North Sydney Council, prior to the activation of this consent. (Reason: To facilitate suitable vehicular access to private sites, without disruption to pedestrian and vehicular traffic and to ensure appropriate access and infrastructure protection that is integral with infrastructure on surrounding sites) Footpath, Entries and Fire Exit Details C41.The following details must be designed by a practising Civil Engineer and submitted with the application for Construction Certificate:- (i)Cross section along the centre-line of each access point to the building including fire exits at a scale of 1:50 to be taken from the centre of the road and shall include all changes of grade both existing and proposed. (ii)The sections shall show all relevant levels and grades (both existing and proposed) including those levels stipulated as boundary levels. The sections shall show the calculated clearance to the underside of any overhead structure. (iv)A longitudinal section along the boundary line showing how it is intended to match the internal levels of the building with the boundary footpath levels. The footpath shall be designed (at a single straight grade of 3% falling to top of kerb) so that it is smooth without showing signs of dipping or rising particularly at entrances. (v)A longitudinal section along the gutter and kerb line extending 5 metres past property lines showing transitions. All details are to be certified as complying with the Building Code of Australia (BCA) and Council’s standard footpath specifications. Written concurrence is to be obtained from North Sydney Council, prior to issue of a Construction Certificate. (Reason:To facilitate suitable pedestrian and disabled access to private sites, and to ensure that internal levels reflect footpath boundary levels) Power Pole C50.The existing power pole located adjacent to the south-west corner of the site on the Cliff Street footpath shall be relocated to a suitable alternative position to the satisfaction of Energy Australia and Council at the cost of the applicant. Details to be included in the plans and documentation submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate. (Reason:To ensure the safety and amenity of pedestrians) I.On-going Conditions that Must be Complied with at All Times


Allocation of Spaces I1. The allocation of car parking spaces within the development must be maintained at all times in accordance with the terms of this consent. The allocation of spaces must be maintained in accordance with the following table:

92 Residential 2 Non-residential 11 Accessible

Car parking spaces provided must only be used in conjunction with the approved uses contained within the development. In the case of Strata subdivision any car parking for strata lots for residential purposes must be individually allocated to its corresponding residential strata lot as part of each lot’s unit entitlement. (Reason:To ensure that adequate parking facilities to service the development are provided on site) Separate Occupation of Non-Residential Suites I5.The specific commercial/ retail use or occupation of the non-residential tenancies shall be the subject of further development approval for such use or occupation. (Reason:To ensure development consent is obtained for specific use of non-residential suites)

Energy Rating

Conditions C5, C6, C7, C11, C12, C16, C17, C18, C30, C34, C44, C49 & G4 to be deleted:

C5.The glazing and insulation requirements are to be installed to achieve ‘Nather’s Thermal Performance Rating’ 4 star energy efficiency rating for 80% of the units. A report by a suitably qualified consultant shall be provided in this regard. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To ensure the development meets Councils energy efficiency requirements) Rainwater Re-use C6.The rainwater re-use system, nominated in the hydraulic and fire services report prepared by Steve Paul and Partners, dated 1 December 2004 and received by Council on 6 December 2004, as adapted to relate to the approved plans, is to be implemented. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To maximise the re-use of rainwater) Water Conservation C7.The recommendations of the Water Conservation Plan, prepared by Steve Paul and Partners, dated 1 December 2004 and received by Council on 6 December 2004 as adapted to relate to the approved plans, are to be implemented. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To minimise the use of tap water) Terrace to Apartment 1.01 at Level 1 C11.The northern edge of the planter along the north side of the terrace to apartment 1.01 shall be setback 3.0m from the northern boundary of the site. The setback area shall be rendered non-trafficable, and the non-trafficable area shall be common property in any strata subdivision. Details are to be provided


to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To protect the privacy of apartments in the adjoining development) Balcony to Apartment 12.05 - Delete C12.The fixed privacy screen on the south side of the balcony to apartment 12.05 shall be extended westward for a further 3.0m with a minimum height of 1.6m above the balcony floor level. Details are to be provided to Council or the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To minimise the opportunity for overlooking of 30 Glen Street). Bicycle Storage Lockers C16.Twenty-five (25) bicycle storage lockers and six (6) bicycle rails are to be provided within the basement and/or ground floor levels. Twenty–two (22) of the bicycle storage lockers shall be allocated for the use of residents of the building. Details are to be provided to Council on the Accredited Certifier prior to issue of the Construction Certificate. (Reason:To encourage the use of bicycles as an alternative to motor vehicles) No Plant or Structures on Roof. – C17.All plant, lift overruns, water storage, chimneys, vents, flues, air-conditioning plant, and the like shall be located entirely within the building envelope, and on no account shall any structures and protrusions be located on the roof including the roof at level 15, with exception of solar collector panels which are to located as low to the roof level as practicable. If necessary, the size of the top level units may be reduced to accommodate additional plant. Details are to be provided to show how all plant to meet the needs of the development will be accommodated within the building, prior to issue of the Construction Certificate. (Reason:To ensure that the design integrity of the top of the building is maintained) Communal Room. C18.The size of the communal room for the residential component on the ground floor level shall be increased to approximately 80m2 by a reduction in the size of tenancy 3. Details are to be included in the plans submitted to Council or the Accredited Certifier with the Construction Certificate prior to its issue. (Reason:To ensure that an adequately sized communal room is provided for the use of residents of the building) Energy Efficiency Devices C30.The following energy efficiency devices are to be installed within the development: a.Gas boosted solar, heat pump or electricity boosted solar, instantaneous gas or high efficiency centralised gas hot water heating system. b.Dual flush toilets. c.Low flow taps and showerheads. Details are to be submitted for approval with the Construction Certificate. (Reason:To promote the use of energy efficient appliances) Bond -Engineering Construction Works Road Pavement C34.A Bond of $10000 shall be deposited with Council against any damage or failure to complete to the relevant specification the construction of road pavement/shoulder reconstruction works prior to the issue of any Construction Certificate. (See schedule).


(Reason:To ensure appropriate security for works on public land and an appropriate quality for new public infrastructure) On-Site Rainwater Retention System C44.On site rainwater retention must be provided, water is to re-used for toilet flushing and planter irrigation usage. The rainwater tank/s shall be capable of storing a minimum 20 cubic metres. Any overflow is to be directed into Council’s stormwater drainage system. The completed works shall be certified as compliant with Australian Standard 3500.3.2, National Plumbing and Drainage Code and Sydney Water regulations upon completion. (Reason:To ensure appropriate provision is made for the management of stormwater generated by the development, and to ensure that public infrastructure in Council’s care and control is not overloaded) Paved Area at South-West Corner C49.The paved area at the base of the stairway at the south-western corner of the development shall be designed to be level with and integrated with the adjacent reconstructed paved Cliff Street footpath. Details to be included in the plans and documentation submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate. (Reason:To ensure the safety and amenity of pedestrians) Right of Way for Public Access to Colonnade G4.A Right of Way in favour of North Sydney Council is to be created over the colonnade for is full width and length. North Sydney Council shall be nominated in the instrument as the only party authorised to release, vary or modify the instrument, and North Sydney Council’s official seal shall be affixed to these documents, prior to submission to the Land & Property Information Office. All costs incurred in the preparation of this Right of Way shall be met by the applicant. Evidence of the lodgement of the instrument referred to in this condition is to be provided to Council prior to issue of the Occupation Certificate. (Reason:To ensure that public access is available to the colonnade)

4. IPP03: Unit 1701 / 30 Glen Street, Milsons Point (V) - DA406/14

Applicant: Lawrence Xu Report of Kim Rothe, Senior Assessment Officer, 24 February 2015 The subject development application seeks approval for alterations and additions to existing mixed use building to construct a new top floor to unit No 1701 by enclosure of part of roof terrace. The proposal is reported to NSIPP for determination due to variation sought to NSLEP 2013 Building Height control, application of Existing Use Rights and public submissions received. Council’s notification of the proposal attracted two (2) submissions raising particular concerns about view loss, outlook, skyline character, cost and valuation of works and construction impacts associated with the application. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The site has been the subject of an earlier Development Application DA 372/07 for alterations and additions to existing mixed use building to enlarge the private roof terrace of adjoining apartment No 1702. The application was considered and approved by Council at its meeting of 29 January 2008


Due to the proposal not meeting the definition of “Shop Top Housing” under the list of permissible development under the provisions of B4 Mixed Use Zone, the proposal is not permissible under the provisions of NSLEP 2013. The development has been considered against the provisions of “Existing Use Rights” as set out under the Sections 106 -109 of the Environmental Planning and Assessment Act 1979, and Regulations under the Act and found that the proposal can proceed under these provisions. The proposed building height of 29.7 m exceeds the maximum height control of 26 m for the site. The existing building exceeds the height control and the proposed new enclosed terrace and roof does not result in any new unacceptable impacts to views, privacy or amenity to any adjoining premises. Assessment of the proposal against the Provisions of Clause 4.6 of NSLEP 2013 concludes that compliance with the Building Height controls set out under Clause 4.3 is unreasonable and unnecessary in the circumstances. The bulk and scale of the proposal is generally considered to be acceptable in the circumstances and in accordance with the intended future character envisaged in Council’s controls and existing surrounding buildings. The potential view loss has been analysed and the proposal is considered to result in a minor and acceptable loss of views from surrounding properties. The development will not result in any unacceptable privacy or overshadowing impacts. The development will not result in any unreasonable impact. The proposal is considered worthy of support in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 406/14 for alterations and additions to existing mixed use building to enlarge apartment No 1701 by enclosure of part of roof terrace on land known as Unit 1701 / 30 Glen Street, Milsons Point subject to the following site specific conditions and attached standard conditions:- Construction Management Program C9.A Construction Management Program shall be prepared by an appropriately experienced and qualified person, taking into account the provisions of Section 11 Traffic Guidelines for Development and Section 19 Waste Management of the North Sydney DCP 2013, and shall be submitted for the approval of the Certifying Authority in prior to the issue of any Construction Certificate. The program shall detail: (a)A Safe Work Method Statement; (b)The proposed phases of construction works on the site, the expected duration of each construction phase, and how various stages of construction will be undertaken; (e)The proposed manner in which property owners and residents within the building will be kept advised of the timeframes for completion of each phase of development/construction process; (d)The proposed method of loading and unloading construction machinery, demolition and building materials, and the erection of the proposed structures; wherever possible mobile cranes should be located wholly within the site;


(e)The proposed areas within the site to be used for the storage of excavated materials, construction materials and waste containers during the construction period; (f)Proposed protection for Council and adjoining properties; (g)The location and operation of any on or off site crane; and (h)The location of any Construction Zone (if required) approved by Council’s Traffic Committee, including a copy of that approval. As indicated in conditions contained within this consent, special permits are required to be obtained from Council for any works, processes, storage, use, location of crane, loading or unloading on Council’s road reserve. All work and demolition or construction activities shall be undertaken in accordance with the approved Construction Management Plan and any conditions attached to the approved plan. A copy of the approved Construction Management Plan, and any conditions imposed on that plan, shall be kept on the site at all times and made available to any officer of Council upon request. (Reason:To ensure appropriate measures have been considered for site access, storage and the operation of the site during all phases of the construction process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community) Dilapidation Survey C10.A photographic survey of the apartment directly below the subject apartment and the apartment directly to the east within this building, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to Council and the Certifying Authority (where Council does not issue the Construction Certificate) prior to the issue of any Construction Certificate. This survey is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the 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 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)

5. IPP04: 45-47 Bank Street, North Sydney (W) - DA272/14

Applicant: Martin Squires C/o Palfreeman Sweeney Architects, Report of Lara Huckstepp, Executive Planner, 25 February 2015


This development application seeks approval for alterations and additions to an existing duplex development. The matter is reported to the North Sydney Independent Planning Panel for determination as the proposed building height will exceed the maximum requirements set out in Clause 4.3 NSLEP 2013 by greater than 10%. Notification of the proposal has attracted one submission raising particular concerns about overshadowing, building height and privacy. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 272/14 for alterations and additions to a duplex on land described as No.45-47 Bank Street, subject to the attached conditions including the following site specific conditions:- Privacy C1.The following privacy devices shall be provided: • Mid level bathroom window (south-facing) to be obscure glass or louvers. The Certifying Authority must ensure that the building plans and specifications, referenced on and accompanying the issued Construction Certificate, full satisfy the requirements of this condition. (Reason:To ensure privacy to adjoining properties) Skylights C2.Skylight flashings and frames to be coloured to match the roof material. Skylights to sit no higher than 100 mm above roof plane when in a closed position. 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 skylights on the roof plane) Materials C3.Prior to the issue of a Construction Certificate, the plans shall be amended to detail the following materials: • The roof sheeting shall have a corrugated profile. • The proposed privacy screens on the front elevation shall of timber construction. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition. (Reason: To be sympathetic to the palette of materials used in the conservation area) Front Entrance Gates C4. The front entrance gates shall have a maximum height of 1.2 m. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition. (Reason: Streetscape)


6. IPP05: 131 Chandos Street, Crows Nest (W) - DA439/14 Applicant: Mark Daly Report of Jonathan Archibald, 23 February 2015 This development application seeks Council’s approval for Alterations and Additions to the Existing Attached Single Storey Dwelling Including Construction of Carport at 131 Chandos Street, Crows Nest. The application is reported to NSIPP as skylight components of the proposed works breach the permissible height limit of 5.5m pursuant to Clause 4.3(2A) & 4.3(2B)in the NSLEP 2013. The non compliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Infrastructure. The application was advertised during the period 9 January 2015 to 23 January 2015 in accordance with Part A (Section 4) of the North Sydney Development Control Plan 2013. During this period no submissions were received. The site and existing dwelling is located within the Holtermann Estate A Conservation Area and is identified as being a Contributory Heritage Item. The proposed variation to the street elevation height control affects properties within a Conservation area and is supported in this instance as the proposed works do not materially alter presentation of the dwelling within the streetscape while increasing amenity of the occupants of the dwelling. Proposed works also do not seek to alter the existing roof form of the Contributory Item, itself exceeding current height controls for the site. The proposal has been referred to Council’s Heritage Officer, who responded in support of the proposal subject to the imposition of conditions. A condition has been recommended to require the carport to be modified in form to have a flat roof profile instead of the proposed contemporary cantilevered form. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) 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 of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the Development Standard under Clause 4.3 (Height of Buildings), grant consent to Development Application No. 439/14 for the proposed Alterations and Additions to the Existing Attached Single Storey Dwelling Including Construction of Carport, at 131 Chandos Street, Crows Nest, subject to the following site specific condition and attached standard conditions. Carport to Have Flat Roof A4.No approval is granted nor implied for the proposed curved/cantilevered carport design. The roof form of the carport shall be revised to a flat roof design with a maximum pitch of five (5) degrees, and shall not exceed a maximum ridge height of 2.5m and dimensions as per the approved plans. Revised plans demonstrating compliance with this condition shall be submitted


to the satisfaction of the Principal Certifying Authority prior to the Issue of any Construction Certificate. (Reason: To ensure compatibility of the Conservation Area) Existing roof tiles to be retained A5.The terracotta roof tiles to the roof of the original dwelling are to be retained. Colourbond metal roof sheeting is to be limited to the roof of the rear addition only. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate. (Reason: To ensure the retention of original fabric) Increase in Retaining Wall Setback C1. The retaining wall to the western boundary of the rear courtyard area shall be increased to a setback of 500mm from the property boundary, with soft landscaping infill. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any construction certificate. (Reason: To ensure soft landscaping separation between properties)

7. IPP06: 138-146 Military Road, Neutral Bay (T) - DA213/14

Applicant: Maxfield Investment Australia Pty Ltd Report of Lara Huckstepp, Executive Planner, 24 February 2015 This development application seeks approval from the North Sydney Independent Planning Panel for the demolition of existing buildings and construction of a new mixed use development. The application is referred to NSIPP for determination due to the requested variation to the building height control and nature of the proposed development. Notification of the proposal has attracted 7 submissions raising particular concerns about loss of privacy, views and outlook. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel grant consent to Development Application No213/14 for the demolition of existing structures and construction of a shop top housing development at No.138-146 Military Road, Neutral Bay, subject to the attached conditions including the following site specific conditions. Privacy C2. All north facing balconies will be provided with either solid or obscure glazed balustrades. The Certifying Authority must ensure that the building plans and specifications, referenced on and accompanying the issued Construction Certificate, full satisfy the requirements of this condition. (Reason: To ensure privacy to adjoining properties) Lightwells


C3. All windows within each of the eastern and western lightwells shall be provided as openable highlight windows. The elevation plans shall be amended to detail this lightwell and these windows as they are detailed in plan view on approved plans. The Certifying Authority must ensure that the building plans and specifications, referenced on and accompanying the issued Construction Certificate, full satisfy the requirements of this condition. (Reason: To comply with the terms of this development consent)

8. IPP07: 21 Parraween Street and 320-322 Military Road, Cremorne (T) -

DA.400/14 Applicant: Aplus Design Group Report of Geoff Mossemenear, Executive Planner - 20 February 2015 This development application seeks Council’s approval of a mixed use development providing 758m² of commercial/retail floor space at the ground floor level, and 33 residential apartments in the four (4) levels above. The proposed development includes the substantial retention of the existing base building structure fronting Parraween Street (ie. the floor slabs and columns), and the demolition of the existing buildings fronting Military Road. Off-street car parking is provided for a total of 37 vehicles in a 2-level basement structure accessed via a combined entry/exit driveway located along the Parraween Street frontage of the site. On 5 February 2014, Council (NSIPP) granted Development Consent (DA 331/13) for "additions and alterations for adoptive reuse of existing building as mixed use development consisting commercial space and 13 apartments on land described as 21 Parraween Street, Cremorne". The proposed development maintains the approved development fronting Parraween Street, and extends the building form to incorporate the portion of the site fronting Military Road. The portion of the building fronting Military Road provides 518m² of commercial/retail floor space at the ground floor level, orientated towards Military Road. The 20 residential apartments occupy the four (4) levels above and comprise 8 x 1 bedroom (plus study) apartments, 8 x 2 bedroom (plus study) apartments, and 4 x 3 bedroom apartments. The application is referred to NSIPP due to the scale of development, breach of height control and the fact that NSIPP determined the previous Parraween Street application. Council’s notification of the proposal has attracted one submission raising particular concerns about overshadowing, loss of privacy and building on the boundary. The application was referred to Council’s Design Excellence Panel and modifications were recommended to the Military Road facade and some minor internal planning. The applicant modified the plans in response to the comments received. The assessment has considered the concerns raised as well as the performance of the application against Council’s planning requirements. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending:


PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for height and grant consent to Development Application No.400/14 subject to the attached conditions.

9. IPP08 Suites 101, 102, 103, 104, & 105/ 362 –364 Military Road, Cremorne (also known as 65 Parraween Street) (T) - DA500/06/2

Applicant: Andreas Fitness Pty Ltd Report of Luke Donovan, Senior Assessment Officer, 24 February 2015 This Section 96(2) application seeks approval from NSIPP to extend the hours of operation of the gymnasium to 24 hours 7 days per week on land at No. 362 -364 Military Road, Cremorne (also known as 65 Parraween Street, Cremorne). Development consent to DA500/06 was granted under delegated authority, for the use and fit-out of the first floor as a gymnasium/ health club to operate between 6am - 10pm Monday to Wednesday, 6am to 9pm Thursday and Friday, and 8am to 7pm Saturday and Sunday. This Section 96 application is referred to the North Sydney Independent Planning Panel for determination due to the proposed hours of operation and the level of public interest expressed by owners/residents of the adjoining properties. Council’s notification of the proposal has attracted four (4) submissions raising particular concerns about excess noise and light spillage, access, traffic and parking impacts. A condition of consent is recommended restricting the 24 hour operation of the gymnasium to a 12month trail period. Additional conditions of consent are also recommended limiting the night time access to Military Road not Parraween Street, placing restrictions on maximum useable weights and requiring block out blinds to minimise noise and light impacts to surrounding residential properties. Following this assessment the Section 96 application is considered to be reasonable in the circumstances and is recommended for approval subject to modified and additional conditions of consent. This Section 96(2) application seeks approval from NSIPP to extend the hours of operation of the gymnasium to 24 hours 7 days per week on land at No.62 -364 Military Road, Cremorne (also known as 65 Parraween Street, Cremorne). Development consent to DA500/06 was granted under delegated authority, for the use and fit-out of the first floor as a gymnasium/ health club to operate between 6am - 10pm Monday to Wednesday, 6am to 9pm Thursday and Friday, and 8am to 7pm Saturday and Sunday. This Section 96 application is referred to the North Sydney Independent Planning Panel for determination due to the proposed hours of operation and the level of public interest expressed by owners/residents of the adjoining properties.


Council’s notification of the proposal has attracted four (4) submissions raising particular concerns about excess noise and light spillage, access, traffic and parking impacts. A condition of consent is recommended restricting the 24 hour operation of the gymnasium to a 12month trail period. Additional conditions of consent are also recommended limiting the night time access to Military Road not Parraween Street, placing restrictions on maximum useable weights and requiring block out blinds to minimise noise and light impacts to surrounding residential properties. Following this assessment the Section 96 application is considered to be reasonable in the circumstances and is recommended for approval subject to modified and additional conditions of consent. Recommending: THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to DA500/06/2 to extend hours of operation of the gymnasium to 24 hours 7 days per week located within Suites 101, 102, 103, 104, & 105 at 362 –364 Military Road, Cremorne (also known as 65 Parraween Street) subject to the modification of Condition A1, C1 and I1 and the addition of conditions C4, I8-I16 as detailed below:

Development in accordance with Plans Modified conditions

A1. The development being carried out in accordance with the changes indicated on the following plans: (a) Drawings numbered 1 of 2 and 2 of 2 Issue E, dated 10/11/2014, drawn by MacDraft, and received by Council on 9 December 2014 except as amended by the following conditions and this consent. (Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information) Compliance with Acoustic Report C4. The recommendations contained in the acoustic report prepared by Acoustic Consulting Engineers, dated 10 February 2015, and received at Council on 11 February 2015, must be implemented during construction and use of the development. A statement from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, certifying that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development and that relevant noise criteria have been satisfied, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Principal Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To maintain an appropriate level of amenity for adjoining land uses) Hours of Operation I1. The gymnasium may be open for business 24 hours a day, 7 days a week for a trial period of 12 months from the date of this modified consent. Following the expiry of this period, the gym must revert back to the approved hours of operation specified under DA500/06 which are as follows:


6am - 10pm Monday to Wednesday, 6am to 9pm Thursday and Friday, and 8am to 7pm Saturday and Sunday In order for the above trial hours of operation to be confirmed as ongoing, a further modification application must be lodged with Council prior to the expiration of the trial period. The assessment of the application to continue the 24 hour use of the gym will consider amongst other things, the impact of the use on surrounding areas and the performance of the operation in relation to compliance with development consent conditions. Notwithstanding the requirements of this condition, Council may at its sole discretion direct the operators to cease 24 hour trading and revert to the prescribed hours if a justified complaint is received. Note: Any person acting on this consent is advised that any modification application concerned with the trial hours of operation should be submitted to Council within sixty (60) days minimum prior to the expiration of the trial period otherwise the trial period must lapse. (Reason: To ensure safety and security and protect the amenity of surrounding areas and to be consistent with the terms of the consent)

Noise Control (Fitness Centres) Add conditions below

C4. The use of the premises shall comply with the following:

(a) The LA10 noise level emitted from the use of the premises must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the hours of 6.00am and 7.00pm when assessed at the boundary of any affected residence.

Music and Vocal

(b) The LA10 noise level emitted from the use must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 7.00pm and 6.00am on the following day when assessed at the boundary of any affected residence. (c) Notwithstanding compliance with (a) and (b) above, the noise from the use must not be audible within any habitable room or sleeping area in any affected residence between the hours of 7.00pm and 6.00am on the following day. (d) The LA10 noise level emitted from the use must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 3dB when assessed indoors at any affected commercial premises with windows closed. (e) The use of the premises must be controlled so that any emitted noise is at a level so as not to create an “offensive noise” as defined in the Protection of the Environment Operations Act 1997. LA10 is the average maximum A-weighted Fast Response sound level emitted from the premises. LA90 shall be measured in the absence of all noise from the premises (including mechanical plant noise).

The LAavmax noise level emitted from the use of gym equipment must not exceed the background noise level (LA90) by more than 5dB when assessed

Use of Gym Equipment


inside any affected residence with the windows of the affected residence closed. LAavmax is the average maximum A-weighted Fast Response sound level emitted from use of gym equipment on the premises. LA90 shall be measured in the absence of all noise from the premises (including mechanical plant noise) with the windows of the affected residence closed and any air-conditioning in the residence turned off. If the LA90 is less than 20dB then it is taken to be 20dB.

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

General

“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 ensure the amenity of surrounding land uses) Signage C5 No consent is given and/or implied under this application for any business identification signage on the building. (Reason: To ensure consistency with the terms of this consent) Access I8 Member access to the gym must be restricted only to the Military Road entrance between the hours of 11pm and 7am (Monday Night to Saturday Morning), 11pm to 9am (Saturday Night to Sunday Morning) and 8pm to 7am (Sunday Night to Monday Morning). No swipe card access for members is permitted via the Parraween Street entrance between the above mentioned hours/days. (Reason: To ensure that nearby residential areas will not be adversely affected by noise generated by the use) Operational plan of management I9 The gym shall operate in accordance with the terms of the Plan of Management dated December 2014 (Version 1.0) except where amended by the following conditions. (Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information) Music I10 The following noise mitigating measures must be adhered to at all times during the on-going operation of the gymnasium: • No amplified music including stereos and/or loudspeaker sound systems. • Any background music from televisions must be set to a low volume and controlled from a lockable room that is not able to be accessed by members of the gym. (Reason: To ensure that nearby residential areas will not be adversely affected by noise generated by the use) Equipment I11 All exercise machines within the gym are to use ‘pin loaded’ weights. Any weights and, dumbbells or kettlebells must be rubber coated.


(Reason: To ensure that nearby residential areas will not be adversely affected by noise generated by the use) Free weights I12 All free weights are restricted to 50kgs (maximum). The free weight section of the gym must only be located on the Military Road frontage. (Reason: To ensure that nearby residential areas will not be adversely affected by noise generated by the use) Rubber flooring I13 The flooring material for the weights training areas of the gym must be fitted with a minimum of 25mm thick A1 Rubber shock absorption pads and 15mm thick A1 rubber finish surface. (Reason: To ensure that nearby residential areas will not be adversely affected by noise generated by the use) Group exercise classes I14 There are to be no formal group exercise classes at any time within this gym. (Reason: To ensure that nearby residential areas will not be adversely affected by noise generated by the use) Blinds I15 Block out blinds must be installed to all glazing on the Parraween Street frontage of the gym. The material of the blinds must block out a minimum of 90% of the light. The blinds must be in a down position between sunset and sunrise as well as on dark and overcast days where the exterior ambient light is less than the internal light of the gym. These blinds must be in a down position during these times 7 days a week. The blinds can be open during daylight hours. (Reason: To reduce light spill and glare to an acceptable level) Noise and Vibration Impact I16 The on-going use of the premises approved under this consent must comply with all conditions pertaining to noise and vibration specified in this consent. (Reason: To ensure compliance with the specified levels of noise and vibration and to maintain the amenity of surrounding land uses)

10. IPP09: 14 Raymond Road, Neutral Bay (C) - DA 426/14 Applicant: Turpin Burton Architects Report of Natalie Moore, Assessment Officer, 23 February 2015 This development application seeks approval for alterations and additions to an existing free standing dwelling at No. 14 Raymond Road, Neutral Bay including the construction of a new attic addition with dormer windows. The proposed works would breach the 8.5m height limit for the site under Clause 4.3 of North Sydney Local Environmental Plan 2013. As the breach is greater than 10%, due to the delegation limitation imposed by the Director General of the Department of Planning, the application must be determined by NSIPP. Notification of the application attracted no (nil) submissions. The proposed modifications and upgrades to the dwelling have been appropriately designed to reflect the style of the existing dwelling and


character of the streetscape and surrounding development. The inclusion of a dormer on the primary facade of the dwelling is considered acceptable in the context of the streetscape and the modifications to the exterior of the building through the removal of an unsympathetic painted finish will restore the original brick work and improve its appearance from the street. The variations to the building height development standard generated by the proposed dormers and skylight will have no adverse impact on the bulk and scale of the subject building and the development will not have any detrimental impacts on the amenity of the adjoining properties in terms of privacy, solar access or views. The Clause 4.6 Variation submitted in support of this breach is considered to be well-founded and the strict imposition of the above development standard is considered to be unnecessary and unreasonable in the circumstances. Following assessment of the application, the proposed development and variation to the building height development standard is considered to be reasonable and justifiable in the circumstances, and the application is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height, and grant consent to Development Application No. 426/14 for alterations and additions to No. 14 Raymond Road, Neutral Bay, subject to the attached conditions:-

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

This is Page No 1 of the Minutes of the North Sydney Independent Planning Panel Meeting held on 4 February 2015.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 4 FEBRUARY

2015, AT 4.35PM.

PRESENT Chair: Jan Murrell in the Chair. Panel Members: Virginia Waller - Member Ian Pickles - Member Peter Brennan - Member Staff: Stephen Beattie, Manager Development Services Geoff Mossemenear, Executive Assessment Planner Robyn Pearson, Team Leader, Assessments David Hoy, Team Leader, Assessments Peita Rose, Corporate Administration Support Officer (Minutes) Apologies: Nil. 1. Minutes of Previous Meeting The Minutes of the NSIPP Meeting of 3 December 2014 were confirmed following that meeting. 2. Declarations of Interest: Nil

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/02/15 Page No 2


3. Business Items

ITEM 1

DA No:

319/14

ADDRESS:

4 Walker Street, Lavender Bay NSW 2060

PROPOSAL:

Alterations and Additions to the Existing Residential Flat Building Comprising Construction of New Balconies, Door Openings and Landscaping

REPORT BY NAME:

Jonathan Archibald, Assessment Officer

REASON FOR NSIPP REFERRAL:

Public Interest

APPLICANT: Urbanesque Planning Pty Ltd

Public submissions Nick Ferguson - Lawyer Eugene Sarich - Applicant Christian Farrell - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following:

• Juliet balconies being deleted from the southern elevation; and • The timber vertical balustrade detailing to have a 60% solid to open ratio.

(Panel Reason: To reduce the privacy impacts and amenity impacts on the adjoining heritage item) Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X

Virginia Waller X Peter Brennan X

ITEM 2

DA No:

227/14

ADDRESS:

16 West Crescent Street, McMahons Point NSW 2060

PROPOSAL:

Demolition of Existing Dwelling, Retention of Minor Structures and Construction of a New Dwelling House, Outbuilding and Swimming Pool

REPORT BY NAME:

Jonathan Archibald, Assessment Officer


Variation to Clause 4.3 of the North Sydney Local Environmental Plan 2013 - Public Interest



APPLICANT: Melhem Hazzouri C/O Daniel Boddam Architects

Public submissions Phillip Slade - Submitter James Garvan - Architect Anthony El Haazzour - Owner Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the deletion of Condition C1 with regards to the balcony widths. (Panel Reason: The variation to the site coverage control was considered reasonable under the circumstances due to the site constraints. The Panel considered that the issues raised by the submitter in the adjoining property to the south have been satisfactorily addressed by the amended plan and the solar access to the property meets the DCP requirements Voting was as follows: Unanimous



ITEM 3

DA No:

232/14

ADDRESS:

22 Clifton Street, Waverton

PROPOSAL:

Alterations and additions to existing dwelling including rear addition located on the rear boundary

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer


Extent of Variation to NSDCP 2013 Site Coverage control and local context.

APPLICANT: Antonin Sebesta

Public submissions Steve Smith - Submitter Yarek Alexander - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following conditions:



That Condition D3 be amended by including the following after point d):

D3. e) That 48 hours written notice be given to all adjoining properties prior to the commencement of any demolition works involving asbestos material.

That an additional condition D5 be included as follows: Notice of Commencement to the adjoining owners D5. Demolition or excavation in accordance with this development consent must not be commenced

until the developer has given at least 2 days written notice to all adjoining owners of the intention to commence demolition or excavation in accordance with this development consent.

(Reason: To ensure adequate notice is given to adjoining owners prior to the commencement of

demolition or excavation) That the additional conditions G6, I1 and I2 be included as follows: Green Roof Maintenance Manual G6. A Maintenance Manual for the approved green roof component, prepared by a suitably

qualified Landscape Architect or Landscape Designer shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Occupation Certificate. The Maintenance Manual shall include, at a minimum:

(i) Frequency and methodology of maintenance requirements, having regard to

compliance with I2 of this consent, restricting permissible height of all vegetation planted on the green roof to 1.00 metre.

(ii) Details of safety procedures; A copy of the Maintenance Manual is to be kept on site and provided to Council prior to issue of any Occupation Certificate. Note: Please refer to the North Sydney Council Green Roof and Wall Resource Manual for technical guidance on the design, construction and maintenance of green roofs.

(Reason: To ensure compliance with the North Sydney Development Control Plan

2013 and to maintain view corridors across the site) Green Roof Usage I1. No approval is given or implied for use of the green roof over Bedroom 1 Master suite as

habitable recreation space / private outdoor space and any access to the roof is to be for maintenance purposes only.

(Reason: To clarify the terms of this consent and ensure the green roof is not utilised as

ancillary outdoor area) Roof Maintenance/Height of Plantings I2. The approved green roof component must be maintained in a neat and tidy state at all times,

in accordance with the Maintenance Manual contained within Condition G6 of this consent. The maximum mature height of all vegetation planted on the green roof shall not exceed 1.00 metre above the finished roof level (RL50.960 AHD). (Reason: To ensure compliance with the North Sydney Development Control Plan

2013 and to maintain view corridors across the site)



The panel considers the other concerns raised by submitters are adequately addressed in the suite of conditions in the officer’s recommendation Voting was as follows: Unanimous



ITEM 4

DA No:

401/14

ADDRESS:

5D/8 Gaswork Road, Wollstonecraft

PROPOSAL:

Alterations to residential flat building comprising window relocation

REPORT BY NAME:

Adonna See, Graduate Assessment Officer


Variation sought to the building height development standard is greater than 10%, which requires determination of the application by the Panel.

APPLICANT: Mukul and Kalpanan Joshie

Public submissions Mukal Joshie - Applicant Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X Peter Brennan X

ITEM 5

DA No:

307/14

ADDRESS:

16 Holtermann Street, Crows Nest

PROPOSAL:

Alterations and additions to semi detached dwelling including works to existing detached garage.

REPORT BY NAME:

Geoff Goodyer, Town Planning Consultant Symons Goodyer Pty Ltd

REASON FOR NSIPP Councillor interest in the subject site – application assessed by



REFERRAL: External consultant and determination to be made by NSIPP Panel in accordance with Council Policy. Extent of Variation to NSLEP 2013 Building Height control exceeds 10%

APPLICANT: Victoria and George Bevan C/O Design Projector

Public submissions No persons elected to speak at the meeting. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X Peter Brennan X

ITEM 6

DA No:

259/14

ADDRESS:

15 Stratford Street, Cammeray

PROPOSAL:

Demolition of the existing dwelling and the construction of a new dwelling with associated landscaping

REPORT BY NAME:

Luke Donovan, Senior Assessment Officer


Level of public interest expressed by owners/residents of the adjoining properties

APPLICANT: Catrina Bleicher

Public submissions Christine Gunn - Submitter Russell Peace - Submitter Corin Heida - Submitter Mark Ryan - Owner Andrew Tzannes - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. The Panel considers in the context of the controls the amended plans adequately address, on balance, the issues raised in the submissions including solar access, view loss, bulk and scale, privacy, setbacks and site coverage. The recommended conditions address concerns raised by the submitters.



Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X Peter Brennan X

ITEM 7

DA No:

413/14

ADDRESS:

50 Cammeray Road, Cammeray 2062

PROPOSAL:

Alterations and additions to an existing dwelling

REPORT BY NAME:

Chris Blyth, Consultant Town Planner


The owner of the adjoining property (No. 48 Cammeray Road) is related to a Council employee

APPLICANT: Damien O’Connor & Ana Caoile

Public submissions Anthony Solomon - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to deletion of Condition C2 and Condition C3 to be amended to retain the window to bedroom 3 on the north-east elevation and to be fitted with a privacy screen as for the window in bedroom 2 as shown on the amended plans. (Panel Reason: To maintain the privacy to the adjoining property and maintain amenity to bedroom 3

by allowing a window on the north-east elevation) Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X Peter Brennan X

ITEM 8

DA No:

410/14

ADDRESS:

24 Parraween Street, Cremorne

PROPOSAL:

Alterations and additions to an existing single storey semi detached dwelling, including a first floor addition

REPORT BY NAME:

Jason Lambropoulos, Assessment Officer


Variation sought to the building height development standard is greater than 10%, which requires determination of the application by the Panel



APPLICANT: Christophe Charkos

Public submissions Chris Charkos - Owner Mark Farrell - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to Condition C3 being deleted. (Panel Reason: Solid front fence is considered appropriate having regard to the location of the site on a busy street and opposite a child care centre) Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X Peter Brennan X

ITEM 9

DA No:

432/14

ADDRESS:

Unit 18/373 Alfred Street North, North Sydney

PROPOSAL:

To extend the window in Unit 18 on the southern elevation of the existing residential flat building

REPORT BY NAME:

Natalie Moore, Assessment Officer


Variation to Building Height (Cl. 4.3 of NSLEP 2013)

APPLICANT: Phillip Andriske C/O Robert Walters & Associates P/L Architects

Public submissions No persons elected to speak at the meeting Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X Peter Brennan X



ITEM 10

DA No:

326/14

ADDRESS:

57 Kurraba Road, Neutral Bay

PROPOSAL:

Alterations and additions to dwelling, including extension to garage, expansion to rear garage top courtyard, new rear deck and external stairs

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer


Variation to NSLEP 2013 Building Height control, Extent of Variation to NSDCP 2013 Site Coverage and Landscaping Area control

APPLICANT: Robert Carr

Public submissions No persons elected to speak at the meeting Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No Jan Murrell X Ian Pickles X Virginia Waller X Peter Brennan X

The public meeting concluded at 6.55pm. The Panel Determination session commenced at 7.00pm. The Panel Determination session concluded at 8.50pm. Endorsed by Jan Murrell North Sydney Independent Planning Panel 5 February 2015

Documents

NORTH SYDNEY COUNCIL · 2015-02-26 · NORTH SYDNEY COUNCIL . Council Chambers . 26 February 2015 . I wish to inform you that Meeting of the a NORTH SYDNEY INDEPENDENT PLANNING PANEL