NORTH SYDNEY COUNCIL€¦ · NORTH SYDNEY COUNCIL Council Chambers 26 November 2015 I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held

NORTH SYDNEY COUNCIL

Council Chambers

26 November 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 2pm on

Wednesday 2 December 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 Wednesday 4

November 2015.

(Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

Pane

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Panel Member Panel Member

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Speaker/s

North Sydney Independent Planning Panel – 02/12/2015 Page No 2

2. IPP01: 9 Queens Avenue, McMahons Point (V) - DA 301/15

Applicant: Lisa Margaret Lee

Report of Adonna See, Graduate Assessment Officer, 23 November 2015

This development application seeks Council‟s approval for alterations and

additions to the existing terrace dwelling including internal reconfiguration,

and the creation of an attic study and bathroom within the existing roof space,

with dormers to the front and rear roof

The application is reported to 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 owners of adjoining properties and the Union Precinct were notified of the

proposed development on 11 September to 25 September 2015. Council‟s

notification of the proposal has attracted one (1) submission raising particular

concerns about heritage impacts, overdevelopment, and privacy.

Council‟s Conservation Planner raised concerns in relation to the originally

proposed ground floor extension into the breezeway, the size and setback of

the front dormer, and the size of the rear dormer. In response, amended plans

were submitted that have adequately addressed these concerns.

The assessment has considered the performance of the revised application

against Council‟s planning requirements under NSLEP 2013 and NSDCP

2013. Further, the revised application was reviewed by Council‟s Conservation

Planner who has responded in support of the amended proposal, subject to

conditions. 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.

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. 301/15 for alteration and additions to the

existing terrace dwelling at No. 9 Queens Avenue, McMahons Point, subject

to the following site specific conditions and attached standard conditions:

Balustrade to rear verandah

C10.The balustrade to the rear verandah is to be of timber construction with a

paint finish, with vertical balusters and traditional details.

(Reason: To ensure the use of details characteristic to the conservation area)

Weatherboards

C11.The weatherboards are to be natural timber or „Scion‟ weatherboards with

traditional profile and paint finish. No approval is given for fibre cement

weatherboards

(Reason: To ensure the use of materials characteristic to the conservation area)


No exposed downpipes C12.The front dormer is not to have exposed downpipes.

(Reason: To ensure the use of details characteristic to the conservation area)

Proposed Privacy Screen

C13.The proposed timber privacy screen along the North West boundary of

the rear balcony is to be reduced in length to a maximum of 1.5m.

(Reason:To reduce the visual impact of the privacy screen to the streetscape

and adjoining dwellings)

3. IPP02: 1 Christie Street, Wollstonecraft (W) - DA 23/15

Applicant: Trehala Pty Ltd

Report of Susanna Cheng, Senior Assessment Officer, 23 November 2015

This development application seeks Council‟s approval for the demolition of a

dwelling and construction of a 3-storey residential flat building containing 6 x

2-bedroom apartments with basement parking.

The application is reported to NSIPP for determination due to the level of

public interest expressed in the submissions.

Council‟s notification of the proposal in its original form attracted 11

submissions raising particular concerns about breach of building envelope

controls, overshadowing, privacy, and traffic. An amended DA, including an

increase in the height of the building and façade changes generally in response

to the advice of the Design Excellence Panel, was notified and attracted 5

submissions which generally maintain that the previously raised concerns

about the development remain outstanding. The assessment has considered

these concerns as well as the performance of the application against Council‟s

planning requirements.

The development is fully compliant with the 12m building height

development standard. The proposed building is however in breach of the

building height plane (BHP) setback envelope control in North Sydney DCP

2013. The breach of the BHP is not considered to be so significant as to

warrant major design amendments or refusal of the application. The variations

have been assessed and found, on balance, to be reasonable and acceptable in

the circumstances of the case.

The development will result in additional midwinter overshadowing of

adjoining properties, however, the most affected dwellings will nevertheless

maintain adequate solar amenity. In particular, No.1A Christie Street will

continue to have excellent outdoor midwinter sun exposure to the primary

useable and readily accessible front garden, and morning and midwinter

daylight through multiple openings will be retained in the open plan living

area of No.8A Hume Street. The shadow impacts are considered to be

reasonable and acceptable in the circumstances of the case, having regard to

the density of development within a high density residential zone, the location

of affected openings, and the configuration and orientation of the adjoining

properties and amenity retained.

The development will provide for reasonable privacy for adjoining dwellings

within a densely built area. Privacy impacts are reasonably mitigated by a

combination of setbacks from boundaries, provision of secondary and splayed

windows to the side and rear elevations, and window louvres, patio screening


and assisted by existing and new soft landscaping. The proposed wraparound

balconies with privacy screening are not supported and are required to be

deleted via condition.

The proposed building is height compliant, and the bulk, scale and overall

built form are consistent with the zone, and are compatible and characteristic

in the neighbourhood. The development provides for compliant site coverage

that allows for adequate building separation to achieve reasonable levels of

solar amenity and privacy.

The development will not result in the isolation of adjoining land which may

be developed for the purpose of residential flat buildings. The applicant has

submitted concept master plans which demonstrate that the adjoining sites are

reasonably capable of accommodating substantially compliant apartment

buildings.



conditions.



THAT the North Sydney Independent Planning Panel, under the delegation of

the General Manager as the consent authority, grant consent to Development

Application No. 23/15 for demolition of an existing dwelling and construction

of a 3-storey residential flat building with basement parking subject to the

attached standard conditions and following site specific conditions:

Adaptable housing

A4. A minimum of one (1) adaptable unit shall be provided at ground floor

level. In this regard, drawing DA-03 Site & Ground Floor Plan referred to in

condition A1 Development in Accordance with Plans/Documentation is to be

amended generally in accordance with the post adaptation unit layout shown in

drawing DA-17 Adaptable Unit Layout.

Note: Refer to condition C32 Adaptable Housing

(Reason:To ensure equity of access and availability of accommodation in the

future for an ageing population)

Front balcony wrap-around

C38.The front balconies on the first and second floor levels shall comply with

the following:

(a) The wrap-around component of the front balconies, also referred to as

front balcony returns, located on the north eastern and south western sides of

the building and the associated privacy screens shall be deleted.

(b) The outer sides of the balconies shall be flush with the building line at the

side elevations with balustrading to match the balustrading to the front/street

elevation of the balconies, including in height, materials and finishes.

(c) The openings on the side elevations associated with the balcony returns

required to be deleted shall be amended so as to have a minimum sill height of

1.5m.

The Certifying Authority must ensure that the building plans and

specifications submitted by the Applicant, referenced and accompanying the

issued Construction Certificate, fully satisfy the above.

(Reason: To maintain privacy and architectural design excellence)


Design in consultation with arborist

C39. An AQF level 5 and experienced arborist must be commissioned at the

cost of the developer to assist the design development, contract documentation

and overseeing of construction works on the site in relation to the basement,

foundations, footings, any retaining wall(s), and the like, insofar as is

necessary to ensure the protection of trees as identified and required in this

consent to be retained and protected, in particular, 4 x Eucalyptus sp. along the

north eastern boundary of the site and growing within No‟s. 3-5 Christie

Street.

The consultant arborist is to be involved and consulted, as necessary, in

relation to the engineering design of the basement, foundations, footings, any

retaining wall(s), and the like, and be engaged to undertake regular inspections

of the works in progress and providing advice in relation to tree protection

matters.

Written details of the engagement of a suitably qualified and experienced

arborist must be submitted to the Certifying Authority prior to the issue of any

Construction Certificate.



issued Construction Certificate, are certified in writing by the consultant

arborist in respect the protection of trees on adjoining land.

Note: If advice provided by the consultant arborist is to the effect that the

design of the building is to be amended, such works may require an

application under s96 of the Environmental Planning and Assessment Act

1979 or further development application. This condition, and any advice given

by the arborist, should not be construed as authorising the carrying of

development otherwise than in accordance with the development consent.

(Reason: To ensure protection of significant trees)

Small car space

C40. The carparking space indicated as “No.5” shall be a small car space

measuring minimum 5.00m x 2.96m. The parking space shall be identified on

site with signage and line marking labelled “Small Car Only”.



issued Construction Certificate, fully satisfy the above.

(Reason: To ensure the parking space complies with relevant standards and is

identified)

Service adjustments

E26. Where required, the adjustment or inclusion of any new utility service

facilities must be carried out by the person acting on the consent and in

accordance with the requirements of the relevant utility authority. These

works shall be at no cost to Council. It is the Applicants full responsibility to

make contact with the relevant utility authorities to ascertain the impacts of the

proposal upon utility services at the appropriate stage of the development

(including water, phone, gas and the like). Council accepts no responsibility

whatsoever for any matter arising from its approval of this application

involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)


4. IPP03: 11 Brook Street, Crows Nest (W) - DA 266/15

Applicant: Michael Salter

Report of Adonna See, Graduate Assessment Officer, 3 November 2015

This development application seeks approval for alterations and additions to

an existing dwelling including first floor addition. The site is a small allotment

consisting of 163.5m² site area.

The application is reported to North Sydney Independent Planning Panel

(NSIPP) for determination due to the variation sought to the building

height development standard Clause 4.3 of NSLEP 2013 being greater

than 10% requiring determination by the NSIPP in accordance with the

directions from the NSW Department of Planning.

The owners of adjoining properties and the Holtermann Precinct were notified

of the proposed development from 31 July 2015 to 14 August 2015. Council‟s

notification of the proposal has not attracted any submissions. Amended plans

were submitted lowering the height of the garage to the rear and showing

landscape area to the rear courtyard. Given the lack of any additional impact

from the originally notified development, the amended plans were not

renotified.

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 to be acceptable in the circumstances.



conditions.






exception to the development standard for height, and grant consent to

Development Application No. 266/15 for alteration and additions to the

existing dwelling at No. 11 Brook Street, Crows Nest, subject to the attached

standard conditions:

5. IPP04: 82 Burlington Street, Crows Nest (W) - DA343/15

Applicant: Inner Living P/L

Report of Aloma Moriarty, Assessment Officer, 19 November 2015

This development application seeks approval for alterations and additions to a

single storey terrace dwelling including a first floor rear addition and a single

carport at the rear of the site accessed via Burlington Lane. The application is

reported to NSIPP for determination due to a variation to Council‟s controls

relating to building height and in response to a submission.

The existing front roof ridge and proposed addition building heights are 7.1m

and 6.8m respectively and exceed Clauses 4.3(2A) and 4.3(2B) of the North


Sydney Local Environmental Plan 2013, which specify a maximum building

height of 5.5m for sites with areas less than 230m2 and for sites within

Conservation Areas. The applicant has submitted a Clause 4.6 request for

variation to address the breach to the building height standard. The proposal is

considered to satisfy the objectives of the standard and maintain the amenity

and character of the neighbourhood. The breaches in building height will not

cause material loss of views, loss of privacy or overshadowing to surrounding

properties and the objectives of the height control would be achieved despite

the variation. The variation to the building height can therefore be supported in

the circumstances.

Council‟s notification of the proposal has attracted one submission requesting

Council to impose a condition of consent to prevent the any future works to

the existing breezeway within the subject site to maintain the light and

ventilation to the breezeway and openings of the adjoining terrace dwelling.

This is however considered to be out of the scope of the current Development

Application and any future works to the breezeway would be assessed on its

merits.

The assessment has considered these concerns as well as the performance of

the application against Council‟s planning requirements and appropriate

conditions of consent have been recommended.



conditions




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 of North Sydney Local Environmental Plan 2013, with regard to

the exception to the development standard for height, and grant consent to

Development Application No. 343/15 for alterations and additions to a

dwelling subject to the attached standard conditions and following site specific

conditions:-

Surrender of Development Consent D129/13

C19. Development Application D129/13 is to be surrendered in writing and

written acknowledgement in accordance with Clause 97 of the Environmental

Planning and Assessment Regulations 2000 received from Council confirming

surrender of consent is to be obtained by the applicant prior to the issue of any

Construction Certificate for the subject application.

(Reason: To ensure no concurrent valid development consents exists over 82

Burlington St, Crows Nest)

Privacy

C20.The proposed window on the first floor to Bedroom 2, looking onto the

breezeway between the subject property and the adjoining property at 80

Burlington Street, is to have the bottom pane up to a height of 1.5m from the

finished floor level of the proposed first floor elevation, fixed and installed

with translucent privacy glazing



specifications submitted, referenced on and accompanying the issues

Construction Certificate fully satisfy the requirements of this condition.

(Reason: To minimise any impacts on the visual privacy of the adjoining

properties as well as provide adequate levels of visual privacy to the residents)

Roofing

C21.The roofing to the addition is to be metal sheeting with a traditional

profile equal to „Custom-Orb‟.




(Reason:To ensure the use of colours and materials characteristic to the

conservation area)

Weatherboards

C22.The proposed weatherboards are to be natural timber or Scion

weatherboards with traditional profile and paint finish. No approval is given

for fibre cement weatherboards.




(Reason: To ensure the use of colours and materials characteristic to the

conservation area)

External Finishes and Materials

C23.The external colours and finishes must in accordance with the approved

schedule of finishes and materials except where amended as follows:

Gutters and Downpipes to Dwelling and Carport – Colorbond „Surfmist‟ or

similar. No approval is given for Colorbond „Monument‟, or any other dark

grey or black colours.

Front Fence - Colorbond „Summershade‟ or white or similar. No approval is

given for Colorbond „Monument‟, or any other dark grey or black colours.

Skylights – Colour „Surfmist‟ to match roofing. No approval is given for

Colorbond „Iron Stone Grey‟, or any other dark grey or black colours.




(Reason: To ensure the use of colours and materials characteristic to the

conservation area)

Front fence

C24.The proposed front fence must be a traditional picket fence with natural

timber pickets and paint finish and must be no higher than 1m from the

existing footpath levels adjoining the front boundary of the subject site. The

style, size and spacing of the pickets is to match the picket fence at the

adjoining property at 80 Burlington Street.




(Reason: To ensure the style and height of the front fence is in keeping with

conservation area)


6. IPP05: 171 West Street, Crows Nest (T) - DA131/15

Applicant: Wei Hong Cao

Report of Kim Rothe, Senior Assessment Officer, 24 November 2015

The proposal seeks consent to demolish the existing building and structures on

the site and to construct a new two storey ten (10) room boarding house to be

operated by Link Housing. The proposal is being reported to NSIPP due to

the Variation sought to Clause 30(h) of SEPP (Affordable Rental

Housing) 2009 and the number of public submissions received objecting to

the development. The proposal is an amended proposal being substantially different from the

original proposal which included eleven (11) boarding rooms, mezzanine

studies, front balconies, motorcycle parking and vehicular crossover. The

balconies, mezzanine, vehicular parking and crossover have all been removed

from the proposal.

The development application has been assessed against the Provisions of State

Environmental Planning Policy (Affordable Rental Housing) 2009, North

Sydney Local Environmental Plan 2013 and the North Sydney Development

Control Plan 2013.

A Clause 4.6 Request for Variation to the Development Standard set out in

Clause 30(h) of SEPP (Affordable Rental Housing) 2009 regarding the lack of

provision of motorcycle parking for the site. The variation is considered to be

supportable in the circumstances given the proximity of the site to regular

public transport.

Council‟s notifications of the original and amended proposal attracted a total

of twenty-one (21) submissions raising particular concerns regarding,

heritage, bulk and scale, architectural merit, and management of the existing

and future development, privacy (visual and acoustic), lack of parking and

local residential amenity impacts associated with the application.

The assessment of the proposal has considered the concerns raised in the

submissions as well as the performance of the application against Council‟s

planning requirements. Subject to the resolution of concerns relating to

Resident Relocation and finalisation of the Management Plan for the premises,

the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to deferred

commencement and general conditions of development consent.






Clause 4.6 Request for Variation of NSLEP 2013 to the provisions of Clause

30(h) of SEPP (ARH) 2009 and grant consent to Development Application

No. 131/2015 for demolition of the existing building and structures and

construction of a ten (10) room boarding house at No. 171 West Street, Crows

Nest subject to the following site specific and general attached conditions:-

Deferred Commencement Conditions

This consent shall not operate until the following deferred commencement

condition(s) has/have been satisfied.


Amended Plans - Resident Relocation Plan

AA1. An appropriate resident relocation plan is to be prepared and submitted

for the consideration and endorsement of Council Community Services Officer

and must detail the following:

1. The Resident Relocation Plan be submitted as a standalone document for

Council‟s Community Development Department to review

2. The estimated date for completion of the works be incorporated in the

Relocation plan to enable existing residents to manage temporary leases and

take up the offer to return if desired

3. The estimated tariffs for the New Generation Boarding House be included

in the Relocation Plan

4. The applicant engage a Social Worker to survey the residents (with regard

to Language, and any needs that will be generated by having their tenancies

terminated) by contacting the Australian Association of Social Workers or

appropriate employment agency to assist in the relocation of residents.

(Reason: To ensure the existing residents are suitably relocated and not

unreasonably disadvantaged prior to demolition of the premises)

Operational Plan of Management

AA2. A final Plan of Management must be prepared and executed by a

reputable Residential Management Agency and submitted for the

consideration and endorsement of Council Community Services Officer and

must detail the following:

The requirements of this consent and addressing Part B Section 4 Boarding

Houses of North Sydney Development Control Plan 2013

i) Schedule 2 (Standards for Places of Shared Accommodation) to the Local

Government (General) Regulation, 2005

ii) The Public Health Act, 1991, and

iii) Boarding Houses Act 2012;

(Reason: To ensure the ongoing operation of the boarding house is in

accordance with the terms of this consent)

Landscape Plan

AA3. The landscaping Plan as originally submitted is to be updated to reflect

the built form which is the subject of this report. The Landscape Plan is to also

include additional screening plants are to be incorporated adjacent to the

northern boundary in the rear yard

(Reason: To ensure the landscape plan is consistent with the approved plans

and to ensure adequate landscaping is installed on site.)

The applicant must satisfy Council as to the matters specified in the deferred

commencement conditions within six (6) months of the date of the granting of

this consent.

If the applicant fails to satisfy Council as to the matters specified in the

deferred commencement conditions within of the dated of the grant of this

consent this consent will lapse in accordance with Section 95(6) of the

Environmental Planning and Assessment Act 1979.

NOTE: Consideration should be given to providing the evidence to Council to

allow sufficient time consider the same and form a view as to whether the

deferred commencement conditions are satisfied or not. You are also advised

of your appeal rights under clause 95(6) of the Environmental Planning and

Assessment Regulation 2000, which provides that: If the consent authority has

not notified the applicant within the period of 28 days after the applicant’s


evidence is produced to it, the consent authority is, for the purposes only of

section 97 of the Act, taken to have notified the applicant that it is not satisfied

as to those matters on the date on which that period expires.Written

concurrence from North Sydney Council will be required to demonstrate

satisfactory compliance with the above deferred commencement conditions,

with this to be supplied to the Certifying Authority. Upon satisfaction of the

deferred commencement conditions the following conditions apply.



C1. The following privacy devices are to be provided:

a) Fixed obscure or frosted glass privacy screens shall be attached to all first

floor northern and southern orientated windows up to a minimum sill height of

1.5 metres.

b) The eastern orientated windows of the rear first floor rooms shall be affixed

with fixed obscure or frosted glass privacy screens up to a minimum sill height

of 1.5 metres.

c) Fixed timber louvre/lightweight/lattice privacy screens projecting a

minimum width of 400 mm shall be attached to the Northern and southern

extent of the windows on the eastern elevation of the rear first floor windows.

Plans and specifications complying with this condition must be submitted to

the Certifying Authority for approval prior to the issue of any Construction

Certificate. The Certifying Authority must ensure that the building plans and

specifications submitted, referenced on and accompanying the issued

Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure an adequate level of privacy is provided to adjoining

property located at 169 and 173 West Street, Crows Nest)

Side Boundary Fences

C2. Side boundary fences to be a maximum of 900 mm height from the front

building line to the front boundary.






(Reason: To retain the character of the streetscape and to retain views of the

heritage item from the footpath)

Screen Planting

C3. To maintain acceptable levels of privacy, screen planting must be installed

and maintained adjacent to the northern boundary of the site adjacent to 173

West St from the rear building line to the rear boundary. The required screen

planting must consist of 15 L size Syzgigium australe ‘Aussie Compact’ (Lilly

Pilly) or other similar suitable screening species capable of attaining a mature

height of approximately 3.0 metres above finished ground levels, spaced at

1m intervals. Details of the screen planting required by this condition must be

provided to the Certifying Authority for approval prior to the issue of any

Construction Certificate. The Certifying Authority must ensure that the details

submitted fully satisfy the requirements of this condition.

(Reason: To preserve the privacy of adjoining properties)

Maximum Occupancy of Boarding House

I1. Accommodation for a maximum of fourteen (14) persons/lodgers is to be


provided. Six (6) of the rooms are to be nominated for single occupancy and

four (4) of the room are nominated for double occupancy. Only the nominated

number of occupants are permitted to occupy their respective rooms. A sign is

to be erected adjacent to the main entry/entries to the building detailing the

maximum capacity of the boarding house.

(Reason: To ensure the occupancy and use of the premises is in accordance

with the terms of the consent)

Boarding house – Operational Plan of Management

I2. The management of the boarding house shall be conducted in accordance

with the Operational Plan of Management endorsed pursuant to Deferred

Commencement condition AA2, and must comply with the requirements of the

following relevant legislation:

a) Schedule 2 (Standards for Places of Shared Accommodation) to the Local

Government (General) Regulation, 2005

b) the Public Health Act, 1991,

c) Boarding Houses Act 2012 ; and

d) North Sydney Council‟s Boarding House controls under Section 4 of

Development Control Plan 2013.

except where otherwise amended by the conditions of this consent



Bicycle Parking

I3. Eight bicycle spaces are to be maintained in the alcove on the northern

side of the building as designed on the approved plans at all times.



CCTV Coverage

I4. CCTV coverage of the premises is to be provided 24 hours a day seven

days per week. The camera placement and operation of the system shall be in

accordance with the following requirements:.

(a) The CCTV system shall provide a 24 hour 7 day visual time stamped

recording with a good quality resolution minimum rate of ten (10) frames per

second at a resolution of at least 640 pixels by 480 lines/pixels and include

sound recording.

(b) The positioning of all surveillance cameras shall be made in consultation

and agreement with the Commander, Harbourside Local Area Command or his

or her delegate

(c) A sign is to be erected in a prominent location within the premises advising

that the premises are under CCTV surveillance for the purpose of protecting

the amenity of the adjoining properties.

(d) The Managing Agent is responsible for ensuring that tenants of the

premises comply with the conditions imposed by this consent and the

approved Management Plan of the Premises. If the CCTV system identifies a

customer or visitor breaching the conditions of consent then the manager is to

take action, including removal from the premises, and prohibition of future

entry as appropriate, to ensure that there is compliance with the conditions of

consent.

(e) The CCTV recordings shall be kept for a period not less than 3 months

and shall be provided to Council upon request.

(Reason: To promote the safety/minimise impact on Neighbours)


7. IPP06: CG-01, 450 Miller Street, Cammeray (T) - DA179/08/2 – S.96AB

Review of s.96AA determination

Applicant: TPG NSW, On behalf of Harris Farm Markets Cammeray Pty Ltd

Report of George Youhanna, Executive Planner, 16 November 2015

Harris Farm Market Cammeray occupies two tenancies on the ground floor of

Cammeray Square. The business also occupies storage and delivery space on

the basement level. The tenancies are known as CG-01 and CG-02 and the fit

out and use of these tenancies has been the subject of two separate planning

approvals. CG-01 and the basement loading and cool room were approved by

the Land and Environment Court (LEC) in October 2008, while CG-02

received development approval from Council in April 2008.

This is an application under section 96AB for a review of the determination of

the section 96AA application which sought to modify the consent granted by

the Court with regard to 2 conditions, relating to amalgamation of tenancies

and staff numbers. This s.96AB application now only seeks to delete

condition I5 to permit the amalgamation of tenancies. This application is

referred back to NSIPP as the s.96AA application was determined by NSIPP.

The review application has attracted one submission reiterating particular

concerns raised in the original s.96AA application about shop size, Cammeray

Village character, back of house facilities, traffic, parking, staff numbers and

loading facilities and additional concerns in relation to the photomontages and

indicative store layout relating to the use of common areas in the square. 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 recommended for

refusal consistent with the previous determination, essentially as the proposal

would increase the size of the supermarket use beyond that of a small-scale

retail use.

Recommending:

THAT the North Sydney Independent Planning Panel, under delegation from

the General Manager, as the consent authority, not modify consent No.179/08

(Land and Environment Court Proceedings No.10699 of 2008 determined on

21 October 2008), as detailed in s.96.AA application No.179/08/2 and

subsequent s.96AB review application with regard to condition I5 for the

following reasons:

1. The proposed modification would facilitate amalgamation of tenancies CG-

01 and CG-02, thereby substantially increasing the size of the supermarket use

beyond a small-scale retail use, which is inconsistent with the objectives of the

B1 Neighbourhood Centre zone.

2. The proposed modification would result in the loss of a small scale retail

use, being tenancy CG-02.

3. An increase in the size of the supermarket use beyond a small-scale retail

use results in the development being not substantially the same development

approved by the Land and Environment Court, particularly as the approved

development is considered to be at the upper limit of a small-scale retail use.

4. No traffic and parking report was provided with the application and it is not

known whether the deficiency of seven (7) car spaces and the potential

increase in traffic generation as a result of the expanded supermarket use will

have an adverse impact on local parking and traffic movements.


8. IPP07: 43 Churchill Crescent, Cammeray (T) - DA277/15

Applicant: Nick Hibberd Architect

Report of Robin Tse, A/Team Leader Assessments, 24 November 2015

This development application seeks NSIPP approval for alterations and

additions to an existing single dwelling including a new garage, a new roof

and a swimming pool on land at No.43 Churchill Crescent, Cammeray.

The application is reported to the North Sydney Independent Planning

Panel because the proposed works are above the permissible height limit

of 8.5m pursuant to clause 4.3(2) in NSLEP 2013. The noncompliance

with the permitted height limit is greater than 10% requiring

determination by North Sydney Independent Planning Panel as directed

by the Department of Planning and Environment.

The variations to the building height development standard will have no

adverse amenity impacts for the adjoining properties and the proposed works

within the main dwelling are generally contained within the existing building

envelope. The proposed garage structure to the north-west of the main

dwelling is considered to be acceptable because there would be no material

visual and amenity impacts on the adjoining property at No.41 Churchill

Crescent.

The design of the swimming pool at the rear of the property and the garbage

enclosure to Churchill Crescent will also be modified to provide additional

separation from the neighbouring property and to minimise impact on the

adjoining properties and streetscape.

The notification of the application has attracted no submission.

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 of consent.






Clause 4.6 with regard to the exception to the development standard for

building height, and grant consent to Development Application No. 277/15

for alterations and additions to the existing detached dwelling at No.43

Churchill Crescent, subject to the following site specific conditions and the

attached conditions:-

Design Modifications

C1. The following design modifications must be applied to the development:

(a) Swimming Pool – The proposed swimming pool must be setback from

the south-western property boundary by minimum 1.8m to minimise amenity

impacts on the adjoining property at No.41 Churchill Crescent.

(b) Garbage enclosure – The proposed garbage enclosure on the street level

must provide a 480mm setback from the south-western property boundary to

minimise the visual impact of the structure.





(Reason: To provide additional separation from the property boundary

and to minimise impacts on the adjoining property and the streetscape)

Landscape Plan

C2 The applicant shall submit a landscape plan for the subject site, based on

drawing numbered 31 Rev C , dated 10.11.15 and prepared by Nick Hibberd

Architect, identifying the species of plants to be planted, their numbers and

their mature heights to ensure appropriate landscaping treatment within the

subject property. The following landscaping treatments must be included in

the landscape plan:

(a) Planting details for the modified area between the swimming pool and the

south-western property boundary; and

(b) Planting details for the terrace to the north-west of the new retaining wall

within the front garden.



issued Construction Certificate, fully satisfy the requirement of this condition.

(Reason: To ensure appropriate landscaping treatments and protection of

visual privacy for the adjoining properties)

9. IPP08: 68 Barry Street Neutral Bay (C) - DA.336/15

Applicant: Lacoste + Stevenson

Report of Geoff Mossemenear, Executive Planner, 5 November 2015

This development application seeks Council‟s approval for the construction of

an amenities building adjoining Barry Street Car Park. The application is

referred to NSIPP as the site is owned by Council and there is considerable

public interest from nearby residents and the Neutral Precinct.

This report has been prepared “in-house” as there is no pecuniary benefit to

Council from the development matter. The policy consideration of the

provisional location of the proposed toilet facility has been undertaken by

elected Council. The Panel is best placed to consider the concerns of

submitters and the ultimate acceptability of the proposal.

Council‟s notification of the proposal has attracted eight submissions raising

particular concerns about need for facility; cost of facility; design and

materials; amenity impacts; operational issues and community consultation.

The assessment has considered these concerns as well as the performance of

the application against Council‟s planning requirements.



conditions.




authority, grant consent to Development Application No.336/15 subject to the

attached conditions.


10. IPP09: 134 Holt Avenue, Cremorne (C) - DA271/15

Applicant: James Elliot

Report of Luke Donovan, Senior Assessment Officer, 23 November 2015

The development applicant seeks NSIPP approval for the demolition of the

existing dwelling and the construction of a multi dwelling housing

development comprising five (5) dwellings, basement parking for nine (9)

vehicles and associated landscaping on land at 134 Holt Avenue, Cremorne.

The application is reported to NSIPP for determination due to the level of

public interest.

Council‟s notification of the original proposal attracted sixteen (16)

submissions against the application. Council‟s notification of the amended

proposal attracted ten (10) submissions. The submissions raised particular

concerns about the overdevelopment of the site, an uncharacteristic

development in the locality, the loss of privacy and solar access, traffic

impacts and non compliance with Council‟s controls.

The proposal involves multi dwelling housing which is a permissible form of

development in the R3 Medium Density zone. The contemporary three storey

development is considered acceptable as it provides an appropriate transition

with the high density developments to the west and medium density

developments to the east. The proposal also complies with the Council‟s

building height, side setback, landscaped area and site coverage controls. It is

representative of the intended outcome for the site.

The proposal will result in an increase in overshadowing for the attached

dwellings (Units 2 and 3) at No.132 Holt Avenue to the east of the subject site

during the winter solstice. The extent of overshadowing is considered

acceptable as the front dwelling (Unit 2) is north facing and will maintain

reasonable solar access till 12noon to the front courtyard and part of the living

room during mid winter. The rear dwelling (Unit 3) is west facing and is

largely self shaded however will receive reasonable solar access from 12noon

till 1.30pm to the rear courtyard during the winter solstice with the

development.

Subject to recommended conditions of consent, satisfactory visual privacy will

be maintained between dwellings and adjoining properties.

The proposal has been assessed having regard to Section 79(C) of the

Environmental Planning and Assessment Act 1979 (as amended) and found to

be satisfactory. Accordingly, the proposal is recommended for approval

subject to appropriate conditions of consent.




the General Manager as the consent authority, grant consent to Development

Application No. 271/15 for the demolition of the existing dwelling and the

construction of a multi dwelling housing development comprising five (5)

dwellings, basement parking for nine (9) vehicles and associated landscaping

in land at No.134 Holt Avenue, Cremorne, subject to the attached conditions:-

Photovoltaic Panels


C1. The photovoltaic panels as required by the BASIX Certificate (No.

641978M) must be laid flat on the roof and must not be visible from the public

domain.




(Reason: To minimise visual impacts on the public domain)

Balconies

C2 No approval is given and/or implied under this consent for the northern

first floor balconies located off bedrooms 1 in dwellings 3, 4 and 5 (rear

building). The northern sliding doors to bedrooms in dwellings 3, 4 and 5 (rear

building) must be replaced with windows with a 1200mm high sill.

An awning over the ground floor northern sliding doors to dwellings 3, 4 and 5

is acceptable. The awning must not extend out more than 500mm from the

northern wall of the dwellings.




(Reason: To maintain visual privacy with dwellings within the development

and with the adjoining properties at No‟s 132 and 136 Holt Avenue)

Privacy

C27. The following privacy devices are to be provided:

a) All external horizontal louvers, indicated on the plans in Condition A1 must

be fixed and angled down at a 45 degree angle.

b) A 1.6m high privacy screen must be attached to the eastern side of the

second floor balcony (dwelling 3).

c) The eastern first floor en-suite window (dwelling 3) must be fitted with

obscure glass

d) The first floor southern bedroom 1 window (dwelling 2) must have a

minimum sill height of 1800mm above finished floor level

e) The first floor southern bedroom 2 window (dwelling 1) must have a

minimum sill height of 1800mm above finished floor level.

f) The internal courtyard walls must have a minimum height of 2metres above

finished ground level.






(Reason: To ensure an adequate level of privacy is provided to dwellings

within the development and with the adjoining properties located at No.132

and 136 Holt Avenue.

Amendments to the Landscape Plan

C32 The landscape plan (Drawing Number L/01 Rev A dated 28/10/15 drawn

by A Total Concept) must be amended as follows to provide an appropriate

landscaped setting:

The proposed landscaping located behind the front fence and alongside the

pathways in the front garden must be capable of attaining a mature height of

2metres to ensure privacy is maintained within the private courtyards of

dwellings 1 and 2.


All pathways on the site are to be constructed with stepping stones with

grasses in between to maintain the landscape character.

The pathways accessing dwellings 1 and 2 must be a maximum of 1metre

wide to minimise hard paving within the front garden of the site.

An amended landscape plan 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 amended landscape

plan and other plans and specifications submitted fully satisfy the requirements

of this condition.

(Reason: To ensure landscape and residential amenity is maintained)

11. IPP10: 26 Cremorne Road, Cremorne Point - DA205/15

Applicant: James Quoyle

Report of George Youhanna, Executive Planner, 23/10/15

This development application seeks Council‟s approval for alterations and

additions to an existing residential flat building including upper level

additions, stairwell and lift, and in-ground car stacker for 13 vehicles and is

reported to the NSIPP for determination as there have been a number of

submissions from surrounding residents and the proposal is non-compliant

with the height limit and site coverage controls, relying on existing use rights.

Council‟s notification of the proposal has attracted seven (7) submissions

raising particular concerns about existing use rights, traffic impacts and safety,

aural and visual privacy, excavation and construction impacts, bulk and scale,

inappropriate development in low density zone, and other issues. The

assessment has considered these concerns as well as the performance of the

application against Council‟s planning requirements and the existing use rights

and merit assessment planning principles established in Stromness Pty Limited

v Woollahra Municipal Council [2006] NSWLEC 587 and Fodor Investments

v Hornsby Shire Council [2005] NSWLEC 71.

Following this assessment the development application is recommended for

refusal for reasons including excessive bulk and scale, excessive and

uncharacteristic building height, excessive site coverage, excessive excavation,

unsatisfactory parking arrangement and adverse impacts on the heritage

significance of the item.



THAT the North Sydney Independent Planning Panel resolve to refuse

development consent to Development Application No. 205/15 for alterations

and additions to residential flat building including upper level additions,

stairwell and lift, and in-ground car stacker for 13 vehicles on land at No.26

Cremorne Road, Cremorne Point, for the following nine (9) reasons:-

1. The proposal is unsatisfactory when assessed against the existing use rights

and merit assessment planning principles established in Stromness Pty Limited

v Woollahra Municipal Council [2006] NSWLEC 587 and Fodor Investments

v Hornsby Shire Council [2005] NSWLEC 71, with regard to bulk and scale,

the relevance of the building in which the existing use takes place and the

impacts on adjoining land.


2. The bulk and scale of the proposal is not consistent with the bulk and scale

of permissible development on surrounding sites in the R2 Low Density

Residential zone and not in keeping with the desired future character of the

Cremorne Point area.

3. The approximately 13m height of the additions and four storey character are

not consistent with permissible development on surrounding sites in the R2

Low Density Residential zone and not in keeping with the desired future

character of the Cremorne Point area.

4. The proposed increase in site coverage to approximately 41% is excessive

and not consistent with permissible development on surrounding sites in the

R2 Low Density Residential zone and not in keeping with the desired future

character of the Cremorne Point area.

5. The proposed thirteen (13) car stacker and associated 11.75m deep/818.5m3

excavation is unsatisfactory as it replaces existing ground level parking for

eight (8) vehicles which adequately accommodates the existing development.

6. The proposed thirteen (13) car stacker and associated 11.75m deep/818.5m3

excavation is excessive and is generally uncharacteristic of permissible

development in the R2 Low Density Residential zone.

7. The excavation and construction of the proposed thirteen (13) car stacker

would have an adverse and unreasonable impact on surrounding residential

development in the R2 Low Density Residential zone with regard to noise,

vibration and traffic impacts during excavation and construction, whether or

not conditions of consent relating to dilapidation reports, vibration monitoring,

construction traffic management etc, are applied to a development consent, if

granted.

8. The proposed parking arrangement, including a 13 vehicle car stacker and

an adjacent on-site waiting bay is considered unsatisfactory as waiting vehicles

will not have a clear line of sight to the car lift and therefore in practice

vehicles will queue within the laneway rather than wait in the bay, resulting in

a potential adverse traffic impact in the laneway.

1. The proposal would have an adverse impact on the heritage significance of

the heritage item with regard to the following:

a. The roof addition and deck to „Moama‟ is excessive in size and is

dominant.

b. The roof terraces to the dormers on „Moama‟ are not supported.

c. The original entry and stair of „Moama‟ should remain intact, including the

leadlight windows.

d. The kitchen on the ground floor of „St Ives‟ to be relocated away from the

entry hall.

e. The curved dormers on the south facade of „St Ives‟ to be redesigned with

traditional eyelid or gabled dormers.

f. The area of the skylights on „St Ives‟ is to be minimised to one panel on

each side of the gable.

g. The parking waiting bay to be limited to two tyre strips with low soft

landscaping.

10. The proposal would result in additional overshadowing of the private open

space of the adjoining development at No.33 Milson Road and would have an

adverse impact on the privacy of surrounding properties.


12. IPP11: Anderson Park, Clarke Road, Neutral Bay (C) - DA227/15

Applicant: RPS


This development application seeks approval for upgrade of the existing

sportsfield by the provision of synthetic surface with ancillary cut and fill,

drainage works and replacement of flood lighting to allow for increased usage

of the facility.

Development Application No. 227/15 is reported to North Sydney

Independent Planning Panel for determination as the application involves

works in land in Council’s care, control and management.

Council‟s Open Space and Environmental Services (OSES) has provided

further information and advice in response to NSIPP‟s resolution dated 4

November 2015.

Information has been provided relating to the following:

History of relevant studies and consultation prior to the submission of the

current DA:

Cammeray Park

Fencing

Lighting

Active and Passive Recreational Uses of Parklands

It is considered that the lighting report and the certification have addressed the

requirements of a deferred commencement lighting condition recommended

by the consultant planner. Consideration could be given to the deletion of the

deferred commencement requirement in IPP07 dated 23 October 2015.

It is recommended that the Panel note and receive this further report.



A. THAT North Sydney Independent Planning Panel received and noted this

further report.

B. THAT North Sydney Independent Planning Panel, under delegation of the

General Manager as the consent authority, and grant consent to Development

Application No.227/15 for upgrade of the existing sportsfield by the provision

of a synthetic surface with ancillary cut and fill and drainage works and

replacement of lighting to allow for an increase in the hours of use of the

facility at Anderson Park, Clarke Road, Neutral Bay subject to the attached

conditions including the following attached conditions:-

13. IPP12: 9 Bray Street, North Sydney (V) - DA 317/15

Applicant: Megan Nixon


This development application seeks development consent for alterations and

additions to an existing single storey semi-detached dwelling including

internal alterations to the ground floor and a first floor addition at the rear.

The application is referred to the North Sydney Independent Planning

Panel for determination because the variation sought to the building

height development standard is greater than 10%, which requires


determination of the application by the Panel in accordance with the

directions from the NSW Department of Planning and Environment.

The notification of the original and the amended proposals has attracted two

submissions from the same submitter raising concerns about the bulk and scale

of the proposed addition and potential adverse impacts on the significance of

the conservation area.

This assessment has considered the above concerns and the relevant provisions

in North Sydney LEP 2013 and North Sydney DCP 2013. The Clause 4.6

request for a variation to the LEP‟s building height development standard as

submitted by the applicant was considered where the breach of the

development standard was found to be justified because the building elements

above the maximum building height of 5.5m are unlikely to cause adverse

amenity impacts for the adjoining properties in terms of view loss,

overshadowing and the loss of visual and acoustic privacy.

Council‟s Conservation Planner indicated that the design of the proposal is

acceptable because the proposal would have no major adverse impacts on the

subject contributory item and the character of the conservation area.

The concerns raised by the submitter have been addressed in this report.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the

application is considered to be satisfactory and therefore can be approved.





Director General of the Department of Planning and Environment 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

D317/15 for alterations and additions to an existing single storey semi-

detached dwelling on land at No. 9 Bray Street, North Sydney subject to the

attached standard conditions and following site specific conditions:-

Heritage

C1. The following must be applied to the approved development to ensure

heritage conservation:

(a) Dormer - The proposed dormer must be centrally located within the roof.

The overall width of the dormer must be reduced to a maximum of 2200mm in

order to display traditional vertical portion.

(b) Side Setback of Ensuite and Laundry - The external face of the ensuite

and laundry structure must provide a further setback of 145mm from the

northern boundary, and a minimum setback of 340mm from the external face

of the dormer window in order to reduce the visibility and heritage impact of

the structure.

(c) Weatherboard cladding to First floor Addition – The dormer,

ensuite/laundry structure, and rear addition must be clad in natural timber or

„scion‟ weatherboards with traditional profile and paint finish to ensure the use

of traditional materials and colours characteristic to the conservation area. The

colour of the paint must be a neutral, earthen tone. No approval is granted for

fibre cement sheet or weatherboards. No approval is given for dark colours

such as grey, charcoal or black.


(d) Metal Louvres, Aluminium Windows and Balustrade – The aluminium

windows and doors, balustrades and metal louvres must have a powdercoat

finish in a traditional, neutral colour to match the wall colour to ensure the use

of traditional materials and colours characteristic to the conservation area. No

approval is granted for metallic finish to the windows and door frames,

balustrades or louvres.

(e) Existing Brickwork – The existing brickworks must be remained as face

brickwork to ensure the retention of the original fabric. No approval is

granted for the use of paint or any other applied finishes to the existing

brickwork.




(Reason: To maintain the significance of the Conservation Area.)

Soft Landscaping

C2. Soft landscaping must be provided to the area occupied by the existing

garden shed at the rear of the dwelling.




(Reason: To ensure appropriate landscaping treatments)

14. IPP13: 65 Neutral Street, North Sydney (V) - DA 358/15

Applicant: Romeo Computer Aided Design Pty Ltd

Report of Natalie Moore, Assessment Officer, 24 November 2015

This development application seeks approval for alterations and additions to

an existing two storey terrace at No. 65 Neutral Street, North Sydney including

a new basement, additions to the ground and first floors and a new second

floor.

The proposed works would breach the 5.5m 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 are submissive in

scale and massing to the existing terrace and have been appropriately designed

to reflect the style of the existing dwelling and character of the streetscape and

conservation area. The proposed second level will be partially obscured from

the public domain by the parapet wall and overall there will be no material

change to the bulk and scale of the building with its two storey character being

retained.

The variations to the building height development standard will have no

adverse impact on the bulk and scale of the subject building and the

development will not have any detrimental impacts on the amenity of the

adjoining properties in terms of privacy, solar access or views. The Clause 4.6

Variation submitted in support of this breach is considered to be well-founded


and the strict imposition of the above development standard is considered to be

unnecessary and unreasonable in the circumstances.

Having regard to the provisions of Section 79C of the Environmental Planning

& Assessment Act 1979, the application is considered to be satisfactory and

therefore can be approved, subject to the imposition of the recommended

standard and site specific conditions.






exception to the development standard for building height, and grant consent

to Development Application No. 358/15 for alterations and additions to No. 65

Neutral Street, North Sydney, subject to the following site specific conditions

and attached conditions:-

Balcony Balustrade

C19. The new balcony balustrade to the master bedroom must be vertical steel

palisade.




(Reason: To be sympathetic to the palette of materials used in the

conservation area)

Basement to be non-habitable

I1. The internal areas on the basement level must be used for non-habitable

purposes.

(Reason: To clarify the terms of the consent)

15. IPP14: Unit 80, 1 Kiara Close, Kirribilli (V) - DA346/15

Applicant: Andrew and Susanne Kluver


This development application seeks development approval for the construction

of a vergola over an existing terrace to a residential unit on Level 7 of an

apartment building known as “Iora West”.

The application is referred to the North Sydney Independent Planning

Panel for determination because the variation sought to the building

height development standard is greater than 10%, which requires

determination of the application by the Panel in accordance with the

directions from the NSW Department of Planning.

This assessment has been assessed against the relevant provisions and

requirements of the North Sydney LEP 2013 and North Sydney DCP 2013.

Consideration has also been given to the Clause 4.6 request for a variation to

the LEP‟s building height development standard as submitted by the applicant.

The variation to the building height development standard is justifiable

because the proposed vergola above the maximum building height of 12m

would not have an adverse impact on the character of the locality and would


not cause material amenity impacts for the adjoining properties in terms of

view loss, overshadowing and loss of privacy.

Council‟s Conservation Planner has raised no objection to the proposal on

heritage grounds because the proposed works would not affect the significance

of buildings and structures associated with the former gasworks.

Having regard to the provisions of Section 79C of the EP&A Act 1979 the

application is considered to be satisfactory and therefore can be approved.






exception to the development standard for building height, and grant consent

to Development Application D345/15 for a vergola over an existing terrace on

Unit 80, 1 Kiara Close, Kirribilli subject to the following site specific

condition and the attached standard conditions:-

Colour of the Vergola and Supporting Structures

C1. The proposed vergola and supporting structures must be painted in a

colour which matches the colour of the facade of the apartment building to

ensure compatibility with the appearance of the existing development.




(Reason: To ensure compatibility with the existing building)

16. IPP15: 275 Alfred Street, North Sydney (V) - S96AB - 217/08

Applicant: oOh! Media Assets P/L

Report of Geoff Mossemenear, Executive Planner, 17 November 2015

The application sought Council approval under the provisions of Section 96(2)

to modify the previous consent DA.217/08 to reduce the „dwell time‟ of the

approved LED (light emitting diode) variable message sign on the western

elevation of the building, from 5 minutes to 10 seconds. The reduction in

„dwell time‟ to 10 seconds was not supported.

The applicant has requested Council‟s review of the Section 96 application

No.217/08/4 that was refused for the following reasons:

1. NSW Roads and Maritime Services does not support the proposed

modification and has withheld the necessary concurrence. The proposed

modification cannot be approved in the absence of concurrence required from

the RMS under the provisions of Clause 18(2) of State Environmental

Planning Policy No. 64 – Advertising and Signage.

2. The proposal is inconsistent with the impact assessment criteria for

‘character of the area’, ‘setting’ and ‘safety’ in Schedule 1 referred to Clauses

13 and 17 of SEPP No 64 – Advertising and Signage.

3. The proposed modification is inconsistent with the objectives and

requirements of Part B Section 9 Advertising and Signage of North Sydney

DCP 2013:

a) 9.1.1 General Objectives - Objective O7.


b) 9.6 Restrictions - Provision P2(d)(f) and (g).

c) 9.8 Pedestrian and Road Safety Objective O1 and Provisions P4 and P5.

d) 9.16 New Technologies Provision P2.

The applicant has amended the application by reducing the „dwell time‟ from 5

minutes (as approved) to 60 seconds.

The submission from the applicant has been considered and is generally

supported. Reasons 2 and 3 were considered in the granting of the original

consent with regard to context of the sign and its siting. The amended dwell

time has overcome the concerns raised by Council with regard to lack of RMS

concurrence and road safety.

It is concluded that the Section 96 can be supported by reducing the dwell time

to 60 seconds.

Recommending:

THAT the North Sydney Independent Planning Panel, under delegation from

the General Manager, modify consent dated 2 October 2008 for the removal of

existing wall advertising sign on western elevation and replacement with

variable message LED wall advertising sign at 275 Alfred Street North

Sydney, under the provisions of Section 96 of the Environmental Planning and

Assessment Act only in so far as will provide for the following:

To delete conditions I2 of the consent and insert in lieu thereof the following

new condition, namely:

Sign Content, Minimum Display Period, and Operation

I2. The electronic variable message sign shall be configured in a manner

which enables messages to be displayed in full colour and in either graphic or

text formats, and shall have or use the following:

The sign display shall be fixed or static for the whole of a minimum 60

second display period for each message;

Fade-in/ fade-out methodology to be utilised at the message change-over,

with interval at the change-over of the message to commence with a black

background fading into and out of the advertisement;

The change over time to be no more than 2 seconds;

No animated or scrolling display, any flashing lights, moving parts or

simulated movement shall be permitted (ie: the sign display shall be fixed or

static for the whole of the minimum 60 second display period for each

message);

Shall not have an excessive or unreasonable level of illumination that

results in glare or distracts or dazzles, and the level of illumination shall be

varied to take account of ambient light levels;

At least half of the messages shall display community information such as

weather or major events not being general advertising related to a corporate

entity or product;

Wording of the sign messages must not cause offence, must not be

discriminatory in terms of the Anti-Discrimination Act 1977, must not be for

tobacco products, or for alcoholic products, and must satisfy the Code of

Ethics of the Australian Association of National Advertisers.

(Reason: To ensure that information is displayed effectively with minimal

visual clutter, to minimise distraction to motorists, and protect the amenity of

the locality)

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 Wednesday 4 November 2015.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL

MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON WEDNESDAY

4 NOVEMBER 2015, AT 2.00PM

PRESENT

Chair:

Jan Murrell in the Chair.

Panel Members:

Virginia Waller, Panel Member

Ian Pickles, Panel Member

Michael Harrison, Panel Member

Staff:

Lara Huckstepp - Acting Manager Development Services

Geoff Mossemenear - Executive Assessment Planner

David Hoy - Team Leader Assessments

Robyn Pearson - Team Leader Assessments

Rob Emerson - Director Open Space and Environmental Services

Peita Rose - Corporate Administration Support Officer (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSIPP Meeting of 7 October 2015 were confirmed following that meeting.

2. Declarations of Interest - Nil

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/11/15 Page No 2



3. Business Items

ITEM 1

DA No: 283/15

ADDRESS: 2 Bay View Street, Lavender Bay

PROPOSAL: Demolition of existing building; boundary adjustment between two

lots and construction of two semi detached dwellings with basement

parking

REPORT BY NAME: Geoff Mossemenear, Executive Planner

REASON FOR NSIPP

REFERRAL:

Public Interest, view impact

APPLICANT: Linda Jean Morrice, C/- Architecture Saville Isaacs

Public submissions

Peter Krauss - Submitter

Peter Roach - Submitter

Linda Jean Morrice - Owner

Steven Isaacs - Architect

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel subject to changes to the following

conditions:-

Depth of garage door recess

C1. The garage door shall be recessed no more than 1200mm from the inside face of the heritage

listed sandstone wall. The returns are to be sandstone blocks reclaimed from the areas of

demolition of the wall. Service cupboards are to be located within the stone return. 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 reduce the impact of the new opening on the heritage listed sandstone

wall)

Roofing Materials - Reflectivity

C15. Roofing materials must be of 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


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

does not occur as a result of the development)




Solar Panels

I2. Solar panels shall be located in accordance with approved plans for house B and no closer to

the front edge of the roof with the panels for house A to be set at the rear of the building. The

panels shall not protrude above the roof line by more than 300 mm.

(Reason: To maintain views)

Covenant & Restriction (Non trafficable roof)

G7. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and one copy

must be submitted to Council in registrable form, providing for:

a restriction as to user and positive covenant on each of the lots requiring the roof of both

dwellings to be non trafficable and shall have no structures on the roof except for solar

panels to a maximum of 300mm height;

The Instrument creating the restriction and/or covenant under ss 88B and 88E required by this

condition of consent must be registered on the Title of the development site prior to the issue

of an Occupation Certificate or commencement of use of the site, whichever is the earlier.

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.

(Panel Reason: To maintain the amenity for adjoining neighbours)

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Ian Pickles X

Virginia Waller X Michael Harrison X

ITEM 2

DA No: 44/2015

ADDRESS: 105 Alexander Street, Crows Nest

PROPOSAL: Change of Use of Tenancies Numbered Four and Five from

Commercial Use to Residential Use Within the Existing Part

Two/Part Four Storey Building, to Create a Part Commercial Part

Residential Mixed Use Development

REPORT BY NAME: David Hoy, Team Leader Assessments

REASON FOR NSIPP

REFERRAL:

The application is reported to NSIPP as the like for like

replacement of windows within Tenancy Number Five (5), are

required under BASIX commitments would breach the permissible

height limit of 10m pursuant to Clause 4.3(2) of the NSLEP 2013.

The noncompliance with the permitted height limit is greater than

10% requiring determination by NSIPP as directed by the

Department of Planning and Infrastructure.

APPLICANT: GAT & Associates




Public submissions

Gerard Turrisi - Applicant/Planner


The Council Officer’s Recommendation is endorsed by the Panel.





ITEM 3

DA No: 141/15

ADDRESS: 38 Oxley Street, St Leonards

PROPOSAL: Demolition of existing building and construction of a 9 storey mixed

use building comprising retail; commercial; 32 apartments and

basement parking for 31 cars

REPORT BY NAME: Kim Rothe, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

Height Variation sought to Clause 4.3 Building Height of NSLEP

2013, Number of Submissions received eleven (11),

APPLICANT: PD Mayoh P/L Architects

Public submissions

Peter Mayoh - Architect







ITEM 4

DA No: 363/14

ADDRESS: 84-90 Atchison Street, Crows Nest

PROPOSAL: Demolish existing building and construct a five (5) storey residential

flat building with basement parking.

REPORT BY NAME: George Youhanna, Executive Planner

REASON FOR NSIPP

REFERRAL:

Submissions (objections) received and prominence of subject site

and development

APPLICANT: SWA Group




Public submissions

Herwanto Latualiemna - Architect

Alexis Cella - Planner



The Panel notes that the use of the western ground level garden is only for the private use of one

dwelling, G02. As such the Panel is satisfied that the amenity of the neighbouring property is not

unreasonably impacted.





ITEM 5

DA No: 480/11/4

ADDRESS: 17 Stratford Street, Cammeray

PROPOSAL: Section 96 application to modify approved privacy screens

REPORT BY NAME: Lara Huckstepp, Executive Planner

REASON FOR NSIPP

REFERRAL:

Councillor Call-Up

APPLICANT: Studio Schelp

Public submissions

Peter Rowed – Submitter

Meredith Rowed - Submitter


The Council Officer’s Recommendation is endorsed by the Panel subject to the changes to conditions

as follows:-

Privacy Device

C1. The proposed north-facing first floor louvres shall be deleted and a horizontal privacy

ledge is to be installed for the length of the façade but may exclude the balconies. The

ledge is to be installed 100mm above the window sill height and have a projection of

700mm.

The Certifying Authority issuing the Construction Certificate must ensure that the

building plans and specifications submitted by the applicant, referenced and issued

with the Construction Certificate satisfy the requirements of this condition.

(Reason: To protect the privacy of No.19 Stratford Street)




(Panel Reason: To ensure privacy is maintained to No. 19 Stratford Street while

providing internal amenity for the subject property)

2. To add new Condition C18 as follows

Northern Balcony End (rear balcony)

C18. The northern balcony end of the first floor rear balcony shall be provided with a

privacy screen or obscure glazing having a minimum 1.8m measured above finished

floor level.

The Certifying Authority issuing the Construction Certificate must ensure that the

building plans and specifications submitted by the applicant, referenced and issued

with the Construction Certificate satisfy the requirements of this condition.

(Reason: To protect the privacy of No.19 Stratford Street)





ITEM 6

DA No: 173/14

ADDRESS: 19 - 21 Kareela Road, Cremorne Point

PROPOSAL: Alterations and additions to an existing two storey duplex

development including an attic addition, carports and strata

subdivision.

REPORT BY NAME: Robin Tse, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

Variation sought to the building height development standard is

greater than 10%, which requires determination of the application

by the Panel.

APPLICANT: Peter Tout Architect

Public submissions

Peter Tout - Architect










ITEM 7

DA No: 227/15

ADDRESS: Anderson Park - Clark Road, Neutral Bay

PROPOSAL: The provision of synthetic turf to provide a multi-sport playing field

with associated drainage and earthworks, new lighting and

increased hours of operation.

REPORT BY NAME: Kerry Gordon Planning Service

REASON FOR NSIPP

REFERRAL:

Significant development on Council land

APPLICANT: RPS Australia East Pty Ltd

Public submissions

Graham Bates - Submitter

Kerry Bates - Submitter

Geoff Dawson - Submitter

Bob Hill - Submitter

Anna Holman - Submitter

Jilly Gibson - Mayor


The Panel considered the consultant’s report and the issues raised by the submitters and considered

that the application should be deferred for more information as follows:-

(a) The history of Council studies and decisions regarding sports field upgrading leading to the

lodgement of the subject development application for provision of a synthetic turf sports field

at Anderson Park including plans of management;

(b) Details of the extent of consultation undertaken with the community prior to lodgement of the

DA;

(c) A review of the benefits and disbenefits of the synthetic surface recently installed at

Cammeray Park;

(d) The type and extent of fencing required to accommodate different sports including hockey

and soccer;

(e) Upgrade lighting assessment to address light spill impacts to adjoining residents as required

by the conditions;

(f) The extent of uses that are currently accommodated and what future uses would be

accommodated for both organised sport and recreational activities at Anderson Park.

The Panel recommends a further report be prepared to address the above and be referred back to the

Panel.

(Panel Reason: To allow a comprehensive assessment and to fully understand the context of the

proposal and the issues raised by the submitters)








The public meeting concluded at 3.30pm.

The Panel Determination session commenced at 3.40pm.

The Panel Determination session concluded at 6.10pm.

Endorsed by Jan Murrell

North Sydney Independent Planning Panel

5 November 2015

Documents

NORTH SYDNEY COUNCIL€¦ · NORTH SYDNEY COUNCIL Council Chambers 26 November 2015 I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held