NORTH SYDNEY COUNCIL · NORTH SYDNEY COUNCIL Council Chambers 30 March 2017 I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the

NORTH SYDNEY COUNCIL

Council Chambers

30 March 2017

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 5 April

2017 when your attendance is requested.

Your attention is directed to the accompanying statement of the business proposed to be

transacted at such meeting.

ROSS MCCREANOR

ACTING GENERAL MANAGER

BUSINESS

1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 1 March

2017.

(Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

Pane

l Mem

ber Panel M

ember

Panel Member Panel Member

Staf

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Speaker/s

NORTH SYDNEY INDEPENDENT PLANNING PANEL -05/04/17 Page No 2

2. IPP01: 18 Bay View Street Lavender Bay (V), DA.409/16

Applicant: Roslyn and Geoff Morgan

Report of Geoff Mossemenear, Executive Planner, 17 March 2017

This development application seeks Council’s approval for demolition of the

existing building and the construction of a multi level dwelling. The application

is referred to NSIPP due to the public interest.

Council’s notification of the proposal has attracted 12 submissions raising

particular concerns about construction impacts, traffic, overshadowing, privacy,

loss of views, green roof, overdevelopment and landscape impacts.

Height poles were erected to allow an accurate view assessment from the three

properties at the rear of the subject site. The architect, applicant’s planner and

Council Officer visited each of the affected sites to take photos of the height

poles. At Council’s request, the applicant amended their proposal to lessen the

impact on the views. As the amended proposal had no greater impact,

notification was not required.

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.

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,

grant consent to Development Application No.409/16 subject to the attached

conditions.

3. IPP02: 83 Union Street, McMahons Point (V) - DA 434 /16

Applicant: Sarah & Ross Smith

Report of Aloma Moriarty, Assessment Officer, 23 March 2017

This development application seeks Council’s approval for alterations and

additions to an existing terrace dwelling.

The subject property is a contributory item located within the Union, Bank,

Thomas conservation area. The dwelling is a two storey terrace, with an attic

and a two storey rear wing.

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 existing dwelling and proposed works include a maximum height of 9.8m

(existing) and 9.5m (proposed) above the existing ground levels. This

contravenes Clause 4.3(2B) of the North Sydney Local Environmental Plan

2013, which specifies a maximum building height of 5.5m for sites with areas

less than 230m2. The height non-compliance of up to 4m (72.7%) is attributable

to the new first floor and attic extension.

The applicant has submitted a Clause 4.6 request for variation to address the

breach to the building height standard. The proposal satisfies the objectives of

the standard and is considered to maintain the amenity and character of the

neighbourhood subject to the imposition of conditions. The breaches in building

height will not cause material loss of views or overshadowing to surrounding

properties and the impacts to the privacy of the adjoining properties can be


mitigated through the imposition of conditions. The objectives of the height

control would therefore be achieved despite the variation. The variation to the

building height is supported in this instance.

Council’s notification of the proposal has attracted two submissions raising

issues relating to privacy from the ground floor windows on the eastern

elevation, first floor rear deck and attic level balcony. Following assessment of

the proposal it was considered that the ground floor windows would not impact

on the privacy of the adjoining dwelling, however the first floor deck and the

attic level balcony would have adverse material impacts on the visual privacy

of the adjoining properties. As a result, conditions are recommended to require

the reduction of the first floor deck and deletion of the attic level balcony.

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.


reasonable in the circumstances and is recommended for approval subject to

conditions.



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 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. 434/16 for alterations and additions to a two

storey plus attic terrace dwelling, subject to the attached standard conditions and

following site specific conditions:-

Reduction of Depth of Proposed First Floor Deck

A4. The proposed first floor deck must be reduced in depth by a total of 1.7m,

reducing the depth of the proposed deck from 2.98m to 1.28m, to align with the

deck of the adjoining dwelling at 85 Union Street.

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 unissued Construction

Certificate fully satisfy the requirements of this condition.

(Reason: To ensure that the proposed development is characteristic within the

area)

Deletion of Proposed Attic Level Balcony and Replacement with Juliet

Balcony A5. The proposed balcony to the attic floor must be deleted and replaced with a

juliet style balcony with a maximum projection of 100mm from the external

façade of the dormer. The Juliet balcony must be located centrally and

symmetrically to the dormer. No approval is given for the dormer to be offset

to the side.


Certifying Authority for approval prior to the issue of any Construction

Certificate.



submitted, referenced on and accompanying the unissued Construction

Certificate fully satisfy the requirements of this condition.

(Reason: To reduce the heritage impact of the attic level addition and to ensure

that the proposed development is characteristic within the area)

Weatherboards

A6. The external cladding of the dormer is to be natural timber weatherboards

or Scyon Linear cladding in traditional profile and paint finish, laid in a

horizontal pattern. No approval is given for any other type of weatherboard.


Certifying Authority for approval prior to the issue of any construction

Certificate.


submitted, referenced on and accompanying the issues Construction Certificate

fully satisfy the requirements of this condition.

(Reason: To ensure the use of materials and finishes complementary to the

Conservation Area.)

Metal privacy screens

A7. The privacy screens are to have a powdercoat finish in a neutral colour to

match the adjacent walls. No approval is given for a metallic finish to the

privacy screens.



Certificate.




(Reason: To ensure the use of materials and finishes complementary to the

Conservation Area)

Screen Planting

C16.The screen planting proposed within the breezeway along the eastern

boundary is to have a maximum height of 1.8m at planting.



Certificate.




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

properties)

Works to be wholly within subject property/ No works to party wall

C17.The proposed works approved as part of this development consent must be

located wholly within the subject site. No approval is given or implied to any

works to the existing party wall.

Should any works to the party wall be required, owners consent from the

adjoining owner at No. 85 Union Street must be obtained.

(Reason: To ensure the proposed works will not impact on the existing party

wall)


4. IPP03: 44 West Street, North Sydney (V) - DA 389/16

Applicant: Latrade (Australia) Pty Ltd

Report of Susanna Cheng, Senior Assessment Officer, 21 March 2017

This development application seeks Council’s approval for use of building as a

hotel (16 guest rooms) and heritage maintenance.

The application is reported to NSIPP for determination as the proposed use for

hotel accommodation is not permissible within R2 Low Density Residential

zone and the application relies on the conservation incentives for heritage items

provided for in North Sydney Local Environmental Plan 2013 in order to

overcome the prohibition.

The submitted Heritage Management Document includes a Schedule of

Conservation Works containing details of cyclical maintenance works and

staged conservation actions to be undertaken. Council’s Conservation Planner

has assessed the heritage works and is satisfied that the development will have

a positive impact on the building’s fabric. The proposed use as hotel will

generate an income stream that will allow for the completion of conservation

works and ongoing maintenance of the building, sufficient to ensure the ongoing

heritage significance of the site, beyond that which could be otherwise achieved

by a conforming residential scheme or a confirmation of the boarding house use.

Council’s notification of the proposal has attracted one submission raising

particular concerns about affordable housing, occupancy, traffic and parking.

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

application against Council’s planning requirements.

The existing building has operated as a transitional group home since the 1940s.

It has operated as such till 2015 despite more recent development approval for

boarding house use. The group home for young persons was not open to the

general public and is distinguished from boarding house or other form of

affordable rental housing to which the SEPP (Affordable Rental Housing) 2009

applies. The previous residents have been relocated by the service provider.

The proposed configuration and capacity of the hotel are considered to be

suitable having regard to the existing built form and the location of the site at a

zone interface adjoining high density residential and mixed use commercial uses

within a densely built highly urbanised context.

The site is centrally located close to North Sydney Centre and public transport

services and is not anticipated to give rise to any material traffic impacts or

significantly affect on-street parking demand. Delivery and service vehicles can

be adequately accommodated within the site.

The operation of the hotel will be subject to a Plan of Management and

conditions of consent including in relation to occupancy, use of outdoor areas,

and air conditioners, so as to maintain reasonable residential amenity. The

proposal has been compared against conforming uses within the site, including

boarding house, child care centre and place of public worship, and it is

considered that the proposed development would not result in heritage and

amenity impacts that would be significantly greater than these other conforming

uses.

Following this assessment it is considered that the development will achieve

desirable heritage outcomes and is reasonable in the circumstances. The

application is recommended for approval subject to conditions.





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

Application No. 389/16 for use of building as a hotel (16 guest rooms) and

heritage maintenance, on land described as 44 West Street, North Sydney,

subject to the attached standard conditions and following site specific

conditions:

Use as hotel accommodation

A4. Approval is granted under this consent for the purpose of hotel

accommodation as defined in North Sydney Local Environmental Plan 2013.

No approval is granted or implied for use of the site for the purpose of

backpackers’ accommodation as defined in the Instrument.

(Reason: To clarify consent)

Schedule of Conservation Works

A5. The Schedule of Conservation Works in Heritage Management Document

dated 7/12/16 prepared by Urbis and received by Council on 21/12/16 shall be

amended to reflect the following changes:

3.4.3Replace gutters to front verandah – to be included in Conservation Action

Priority 1

3.5.9Floors in ground floor Main Areas – levelling works and replacement of

floating floor to be included in Conservation Action 1


submitted by the Applicant, referenced and accompanying the issued

Construction Certificate, fully satisfy the above.

(Reason: To ensure the reinstatement of original details)

Implementation of development consent DA62/16

A6. All works approved under development consent DA 62/16 dated 7/10/16

are to be undertaken prior to the release of the Occupation Certificate for this

consent.

(Reason: To ensure completion of conservation works and reinstatement of

original and significant garden setting)

Security bond for conservation works

A7. Prior to the issue of any Construction Certificate, security deposit or bank

guarantee must be provided to Council to the sum of $200,000.00 to be held by

Council for the payment of cost for any/all of the works contained in the

Schedule of Conservation Works in Heritage Management Document dated

7/12/16 prepared by Urbis and received by Council on 21/12/16.

Written certification from a qualified heritage consultant which confirms that

all works have been conducted must be obtained in and provided to Council

prior to the release of any bond or bank guarantee.

The security required by this condition must be provided by way of a deposit

with the Council; or other such guarantee that is satisfactory to Council (such

as a bank guarantee). Any guarantee provided as security must name North

Sydney Council as the nominated beneficiary and must not be subject to an

expiry date.

The security will be refundable following the completion of all of the

components of scheduled conservation works to the satisfaction of a heritage

architect and provision of satisfactory documentation detailing the completion

of all works in a manner consistent with the Schedule of Maintenance Works.

(Reason: To ensure delivery of heritage outcomes)

Signage


A8. No approval is given for any new external or internal signage. Separate

application(s) for signage are required as follows:

All internal signage is to be the subject of a further development application;

and

All external signage (with the exception of exempt or complying development)

is to be the subject of a further development application.

(Reason: To reduce the heritage impact of the works and ensure retention of

significant fabric)

Location of air conditioning condenser units

A9. The provision of air conditioning condenser units is restricted as follows:

No approval is given for the installation of any additional air-conditioning or

mechanical ventilation, or additional ductwork not indicated on the approved

drawings;

No approval is given for the location of any air conditioning condenser units to

the front (east) elevation of the building, or any additional air conditioning

condenser units on the northern side of the building other than the enclosed air

conditioning unit as detailed in the approved drawings; and

No approval is given for the location of any air conditioning condenser units at

first floor level or roof of any building, other than the single unit on the roof of

the covered patio at the rear as detailed in the approved drawings.

(Reason: To reduce heritage impact; minimise impact on surrounding

properties)

Exterior lighting

A10. No approval is given for any new exterior lighting. Any new external

lighting should be the subject of a further development application.




(Reason: To ensure no additional heritage impact)

Internal doors

C21. The flush panel internal door to the kitchen shall be replaced with a sold

timber panelled door, to match the original timber internal doors.




(Reason: To ensure the reinstatement of original details)

Screen planting to gas meters

G8. The gas meters are to be screened by appropriate shrubs, planted with a

height that ensures that the meters are fully screened.



Occupation Certificate, fully satisfy the above.

(Reason: To reduce heritage impact)

Timer restrictions on air conditioners

I11. All air conditioning unit/system(s) installed on the premises shall be fitted

with tamper-resistant automatic timers or other suitable device that cannot be

overridden other than by authorised staff, so as to ensure the air conditioners do

not operate during the following hours:

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

and

before 7.00am or after 10.00pm on any other day.


Operable windows must be provided in all habitable rooms to provide natural

ventilation during these restricted hours.

(Reason: To maintain residential amenity)

No sale of alcohol

I12. The sale of alcohol is not permitted on site. The Plan of Management shall

be updated to reflect this requirement.

(Reason: To clarify consent)

Smoking

I13. No smoking is permitted within any building or outdoor area(s) of the site.

The Plan of Management shall be updated to reflect this requirement

(Reason: To manage smoke drift and nuisance)

5. IPP04: 66 Colin Street, Cammeray (T) - DA 430/16

Applicant: Sharon Addington and Paul Johnson, c/o Contemporary

Architecture

Report of Luke Donovan, Senior Assessment Officer, 29 March 2017

The applicant seeks development consent from NSIPP for alterations and

additions to the existing dwelling including a rear two storey addition and a

swimming pool in the rear setback at No. 66 Colin Street, Cammeray. The

property is identified as a Neutral Item within the Plateau Conservation Area.

The application is referred to the North Sydney Independent Planning Panel for

determination at the request of Councillors Beregi and Marchandeau.

Council’s notification of the original proposal has attracted three (3)

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

application attracted three (3) submissions against the application and five (5)

submission in support of the application. The submissions raised particular

concerns about excessive bulk and scale, overshadowing, loss of outlook and

visual privacy, uncharacteristic built form and non-compliant side setbacks.

The proposed two storey rear addition will be visible from the lower part of

Colin Street altering the scale of the dwelling from one storey cottage to a two

storey dwelling that is likely to have a negative impact upon this part of the

Plateau Conservation Area which is characterised by single storey dwellings.

The siting of the rear addition and swimming pool would also result in the loss

of visual and acoustic privacy for adjoining properties.

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

& Assessment

Act 1979, the application is considered to be unreasonable in the site

circumstances and recommended for refusal due to the detrimental impacts on

the Plateau Conservation Area, the excessive bulk and scale of the rear addition

and the adverse amenity impacts for adjoining properties.




the A/General Manager as the consent authority, resolve to refuse development

consent to Development Application No. 430/16 for alterations and additions

to the existing dwelling including a rear two storey addition and swimming pool

in the rear setback at No. 66 Colin Street, Cammeray, as shown on plans DA01

– DA16 Revision B drawn by Contemporary Architecture Pty Ltd dated

9/03/2017, for the following reasons:-


Detrimental impacts on the Plateau Conservation Area

The rear two storey addition will be visible from the lower part of Colin Street

and alter the scale of the dwelling from one to two storeys which will negatively

impact upon this part of the Plateau Conservation Area which is characterised

by single storey dwellings.

Particulars

The proposal is contrary to Aims of Plan 1.2(2)(f) in NSLEP 2013.

The proposal is contrary to objective (dot point 3) in the R2 Low Density

Residential Zone.

The proposal is contrary to objective (b) in Clause 5.10 in NSLEP 2013.

The proposal is contrary to Objective O1 in Part B, Section 1.4.8 in NSDCP

2013.

The proposal is contrary to Objective O1 in Part B, Section 13.6.1 and Objective

O1 in Part B, Section 13.6.2 in NSDCP 2013.

Excessive bulk and scale of the rear addition

The rear two storey addition will result in a dwelling that is significantly larger

than other characteristic dwelling within this part of the Plateau Conservation

Area.

Particulars

The bulk and scale of the rear addition is not considered to be appropriate having

regard to the immediate built form character therefore contrary to Aims of Plan

1.2(2)(a) and 1.2(2)(b)(i) in NSLEP 2013.

The proposed rear addition is excessive in scale and not located within a single

storey roof line contrary to Provision P4 in Part C, Section 4.5.6 in NSDCP

2013.

A 35-degree gable roof form over the rear two storey addition in lieu of a

skillion roof exacerbates the visibility of the addition from the lower part of

Colin Street contrary to Provision P6 in Part C, Section 4.5.6 in NSDCP 2013.

The rear addition is considered to be ‘over scaled’ which is identified as an

uncharacteristic element within the Plateau Conservation Area. The proposal is

therefore contrary to Provision P1 in Part C, Section 4.5.7 in NSDCP 2013.

The north western part of the rear addition is located a maximum of 860mm

above existing ground level and therefore fails to respect the natural topography

of the site contrary to O1 in Part B, Section 1.3.1 in NSDCP 2013.

The minimal articulation along the northern elevation of the rear addition would

contribute to the excessive visual mass of the development particularly when

viewed from the single storey dwelling at No. 68 Colin Street which is

significantly lower than the subject site.

The raising of the ridge height by 365mm over the front part of the dwelling

further adds to the scale of the dwelling when viewed from Colin Street.

The proposal is contrary to Objective O1 in Part B, Section 1.4.7 in NSDCP

2013.

Adverse amenity impacts for adjoining properties

The design and siting of the rear addition and swimming pool will result in

adverse privacy impacts for adjoining properties.

Particulars

The western living room window (D03) will result in adverse visual privacy

impacts on the rear garden of No. 68 Colin Street and living spaces at No. 64

Colin Street.


The deck and BBQ area located on the south western side of the rear addition

will result in adverse acoustic impacts on the living spaces at No. 64 Colin

Street.

The proposal will result in an unreasonable level of overshadowing to the living

spaces and private courtyard of the dwelling on the adjoining property at No. 64

Colin Street.

The paving around the swimming pool is elevated above existing ground level

and is likely to result in adverse privacy impacts for the adjoining properties at

No. 68 Colin Street and No. 26 Pine Street.

The proposal is not considered to be in the public interest contrary to Section

79C(e)of the Environmental Planning and Assessment Act 1979 (as amended).

6. IPP05: Primrose Park Art and Craft Centre, Matora Lane, Cremorne (T)

- DA 456/16

Applicant: Figgis and Jefferson Tepa Pty Ltd

Report of Geoff Goodyer, Town Planning Consultant, Symons Goodyer Pty

Ltd, 23 March 2017

This development application seeks NIPP approval for alterations and additions

to the existing Primrose Park Art and Craft Centre. The works involve

demolition of the existing mezzanine level and construction of a new mezzanine

level at the southern end of the building. Access will be provided to this level

on the southern elevation by the footpath connecting the existing car park and

the existing overpass. The door on the eastern elevation is also proposed to be

removed. Other works include modifying the external concrete path and

northern entry doors to improve accessibilities. It is also intended to provide an

accessible w.c., unisex w.c. and a kitchenette. A lift is proposed to provide

access to the mezzanine level.

The application is reported to NSIPP for determination because North Sydney

Council is the owner of the land and the construction works are greater than

$250,000.

The application has been assessed under the NSLEP 2013, NSDCP 2013 and

other relevant planning instruments and policies and generally found to be

satisfactory because the works are unlikely to have any impact upon the heritage

significance of the building and/or Primrose Park. Surrounding residential

properties are far enough away from the Art and Craft Centre that there will be

no impact upon residential amenity.

Council’s notification of the proposal has attracted two (2) neighbour

submissions raising particular concerns about inconsistencies in the Statement

of Heritage Impact regarding the location of the proposed works and the

structural adequacy of new addition. The assessment has considered these

concerns as well as the performance of the application against Council’s

planning requirements.


reasonable in the circumstances and is recommended for approval subject to

conditions.



THAT the North Sydney Independent Planning Panel, under the delegation

from the Acting General Manager, grant consent to Development Application


No. 456/16 for alterations and additions to the Primrose Park Art and Craft

Centre, Matora Lane, Cremorne subject to the attached conditions.

7. IPP06: 1 Rowlison Parade, Cammeray (TU) – DA 329/16

Applicant: James Tray

Report of Judith Elijah, Student Town Planner, 21 March 2017

This development application seeks development consent for alterations and

additions to an existing dual occupancy involving the construction of an

additional upper floor level to dwelling 2 and an internal lift on land at No. 1

Rowlison Parade, Cremorne.

The application is referred to NSIPP for determination because the variation

sought to the building height development standard is greater than 10% also due

to the public interest in the application.

Council’s notification of the original proposal attracted a total of two (2)

submissions against the application raising concerns about a loss of visual

privacy, the bulk and scale of the development and inconsistencies between the

plans. The applicant submitted amended plans on 3 February 2017 with a

reduced scope of works, so the amended plans were renotified to the immediate

adjoining properties. The amended proposal received two (2) submissions

raising similar issues regarding view loss, loss of visual and acoustic privacy

and an increase in visual bulk.

The applicant has submitted a Clause 4.6 objection to vary the building height

control which is considered to be reasonable and supportable given that the non-

compliances are limited to a small proportion of the new upper floor level and

the lift overrun. The non-compliance would not have a detrimental impact upon

the streetscape presentation or adversely affect visual privacy, views or solar

access for the surrounding properties.

The amended proposal would cause a minor non-compliance with Council’s site

coverage control and would result in a further reduction in the landscaped area

on site. However, the increase in site coverage is due to the proposed upper

floor level being cantilevered over the existing unbuilt upon and landscaped

areas below, so there would no physical alteration to the land so this non-

compliance is considered to be acceptable.

Furthermore, any additional overshadowing caused by the proposed

development would arise from complying elements of the building having

regard to setbacks and building height. The proposal maintains visual privacy

for adjoining properties and the surrounds, subject to recommended conditions.

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

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

recommended for approval subject to the attached standard and site specific

conditions.



THAT the North Sydney Independent Planning Panel, as the consent authority

under delegation from the Acting General Manager, 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 DA329/16 for

alterations and additions to an existing dual occupancy including the


construction of a new upper floor level and lift at No. 1 Rowlison Parade,

Cammeray, subject to the attached standard conditions and the following site

specific condition:-

C14.Privacy

The following amendments are to be made to the openings on the southern

elevation as marked in red on the approved plans to maintain visual privacy to

the south:

W10 must be reduced to one door only with frosted glazing.

W11 must be modified to a highlight window with a finished floor level to sill

height of 1.6m.

The Certifying Authority issuing the Construction Certificate must ensure that

the approved drainage plan and specifications, satisfying the requirements of

this condition, is referenced on and accompanies the Construction Certificate.

(Reason: To maintain residential amenity for surrounding properties)

This is Page No 1 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 1 March 2017.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING

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

1 MARCH 2017, AT 2.25 PM.

PRESENT

Chair:

Jan Murrell in the Chair.

Panel Members:

Francesca O’Brien - Panel member

Ian Pickles - Panel member

Peter Brennan - Panel member

Staff:

Stephen Beattie - Manager Development Services

Geoff Mossemenear - Executive Assessment Planner

David Hoy - Team Leader Assessments

Robyn Pearson - Team Leader Assessments

Peita Rose - Governance Officer (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSIPP Meeting of 1 February 2017 were confirmed following that meeting.

2. Declarations of Interest: Nil

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 01/03/2017 Page No 2



3. Business Items

The North Sydney Independent Planning Panel under the Delegated Authority granted by

North Sydney Council and s.377 of the Local Government Act 1993 has considered the

following Business Items and resolves to determine each matter as described within these

minutes.

ITEM 1

DA No: 397/16

ADDRESS: 14 Ridge Street, North Sydney

PROPOSAL: Alterations and additions to a two storey terrace dwelling and

change of use from commercial premises to a shop top housing

with business premises on the ground floor and a two-bedroom

dwelling on the first floor.

REPORT BY NAME: Aloma Moriarty, Assessment Officer

REASON FOR NSIPP

REFERRAL:

Variation in Non- Residential FSR Control ( > 10%) & in

response to 2 submissions

APPLICANT: Smith & Tzannes Architects - Dane Everett

Public submissions

No persons elected to speak on this item.

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

Francesca O’Brien X Peter Brennan X

ITEM 2

DA No: 352/16

ADDRESS: 10 Hampden Street, North Sydney

PROPOSAL: Alterations and additions to a two storey terrace dwelling

REPORT BY NAME: Aloma Moriarty, Assessment Officer

REASON FOR NSIPP

REFERRAL:

Variation in Building Height Control ( > 10%) & in response

to 1 submission

APPLICANT: Victoria Doherty & Neil Burton

C/- Vienna Design P/L




Public submissions








ITEM 3

DA No: 239/16/2

ADDRESS: 100 Miller Street, North Sydney

PROPOSAL: To modify consent for cladding of all elevations of Northpoint

Tower with regard to construction hours

REPORT BY NAME: Geoff Mossemenear, Executive Planner

REASON FOR NSIPP

REFERRAL:

Public Interest

APPLICANT: Cromwell Seven Hills Pty Ltd, AFT Cromwell Northpoint Trust

David Brain

Public submissions

Michael Rowe - JBA Urban - planner










ITEM 4

DA No: 208/16

ADDRESS: 99 Bay Road, Waverton

PROPOSAL: Alterations and additions to dwelling including first floor

rear addition and deck

REPORT BY NAME: Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

Level of interest from the public

APPLICANT: Prudence Paver

c/- Contemporary Architecture - Clare Carter

Public submissions

Clare Carter - applicant


The Council Officer’s Recommendation is endorsed by the Panel subject to Conditions C21

and C25 being amended as follows:

Delete Condition C21.

Amend Condition C25 to state “to delete reference to tessellated tiles”.

(Panel Reason: The Panel notes that the existing Tessellated tiles are in a poor condition and

have been compromised by the addition of the bay window and cannot be retained)





ITEM 5

DA No: 253/02/6

ADDRESS: 2A Larkin Street, Waverton

PROPOSAL: To modify a consent DA253/02 for modification of condition

C27 to allow for height of plantings to 2m in lieu of 1m


REASON FOR NSIPP

REFERRAL:

Degree and nature of public interest

APPLICANT: Sid French




Public submissions

Sid French - applicant


The Council Officer’s Recommendation is endorsed by the Panel subject to the height of the

hedge to be maintained at 1.75m.

(Panel Reason: The Panel is satisfied that the existing height of the hedge does not create

unreasonable view loss for the adjoining neighbour)





ITEM 6

DA No: 308/15

ADDRESS: 132 Burlington Street, Crows Nest

PROPOSAL: Alterations and additions to dwelling


REASON FOR NSIPP

REFERRAL:

Councillor interest (MaryAnn Beregi)

APPLICANT: Hugh Porter

c/- Contemporary Architecture - Clare Carter

Public submissions


John Oultram - consultant

Hugh Porter - owner


The Council Officer’s Recommendation is endorsed by the Panel subject to deletion of

Condition C23 requiring the additional setback of the first floor addition from the western

boundary.

Condition D1 be amended to provide for a lesser standard of photographic recording, suitable

for the heritage significance of the dwelling as a contributory item. The Panel is satisfied that

photographic recording is warranted but considers archival standard is excessive.




Delete Conditions C27 and C28. The Panel notes the materials & colours of the front of the

dwelling would comply with the intent of Condition C28 to retain light colours consistent with

the heritage significance of the dwelling. The Panel also considered the colour & material

selection for the additions were acceptable.

(Panel Reason: The Panel considers that the rear extension will not be readily visible from the

public domain and will read as an addition)





ITEM 7

DA No: 138/16/2

ADDRESS: 53-57 Atchison Street & 96 Albany Lane, Crows Nest

PROPOSAL: To modify a consent DA138/16 for demolition of existing

structures, amalgamation of lots and construction of a 5-storey

residential flat building containing 18 units and basement car

park, to amend lift dimensions and height, increase northern

balconies by 300mm and delete condition A7 in relation to the

configuration of level 4 apartment 402


REASON FOR NSIPP

REFERRAL:

Proposal includes modification of a consent condition imposed

by the Panel, being condition A7 requiring a 6m rear setback

on Level 4 of the building

APPLICANT: Avance Urban Pty Limited

c/- Andrew King

Public submissions

Michael Watson - planner










ITEM 8

DA No: 323/16

ADDRESS: 44 Cowdroy Avenue, Cammeray

PROPOSAL: Alterations and additions to an existing detached dwelling

including internal alterations, modifications to balconies, an

addition to Level 4 to provide a home office, a storage room, a

new lift and a replacement swimming pool.

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: Tony Wilkinson

Public submissions

Tony Wilkinson - applicant

Duncan Zanby - architect

Veronica White - submitter


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

imposition of a deferred commencement condition requiring an amendment to the plan to delete

the proposed Level 4 elements which result in additional exceedance of the height controls,

(the home office/workshop). The lift and access thereto is to be retained. The level 1 Terrace

shall be reduced to a maximum depth of 3.2m and additional soft landscaping as offered by the

applicant shall be provided.

(Panel Reason: The Panel considers the additional exceedance of the height control to such a

large extent is not justified for the workshop and home office and the clause 4.6 objection fails

in respect of this portion of the building and a more skillfull design requires the deletion of

these elements)








ITEM 9

DA No: 336/16

ADDRESS: 315 Ernest Street, Neutral Bay

PROPOSAL: Demolition of the existing structures and the construction of a

three storey residential flat building with basement parking

REPORT BY NAME: Luke Donovan

REASON FOR NSIPP

REFERRAL:

Public Interest

APPLICANT: Philip Kanjian

Public submissions

Patricia Hughes - submitter

Barry Badrkian - architect

Nigel White - planner

Andrew Aitchison - speaking on behalf of Michael Ball - Planning Collaborative

Bernard Gomm - Bernard Gomm & Associates, Architects


That the Panel defer the matter to provide an opportunity for the applicant to submit amended

plans to address the following:

Design Modifications to the building

The building shall be modified as follows:

a) The building is to be relocated 1m towards the southern (rear) boundary and

lowered by a minimum of 200mm.

b) The length of the basement level of the building must be reduced by a minimum of

3.5metres. This will necessitate the removal of at least one (1) of the parking spaces

within the basement level.

c) The additional unexcavated area at the rear of the site, as result of satisfying (a) &

(b) above, must be landscaped with appropriate grasses, shrubs and shown on an

amended landscape plan.

d) The size of the awning over the pedestrian entry, along the eastern side of the

building, must be reduced in size to a maximum of 2.4m (w) x 1.2m (d).

e) The upper level masonry wall extensions (parapets) shall be reduced by 900mm.

f) The rear setback at ground and first floor level is to be a minimum of 5m.

g) The privacy impacts to the heritage item at No. 317 from the entrance and its

pathways is to be addressed in the amended design.

Amended architectural and landscape plans satisfying the above are to be submitted to Council

within 30 days.




(Panel Reason: The above amendments are considered necessary to allow the building to sit

lower within the site and result in less impacts to the adjoining property and streetscape. The

design modifications seek to achieve a better built form resolution)





ITEM 10

DA No: 387/16

ADDRESS: 53 Reynolds Street, Cremorne

PROPOSAL: Demolition of the existing structures and the construction of

multi dwelling housing comprising 6 dwellings within two

buildings

REPORT BY NAME: Luke Donovan

REASON FOR NSIPP

REFERRAL:

Public Interest

APPLICANT: HJ Two Pty Ltd c/o Corben Architects - Andrew Vingilis

Public submissions

Lisbeth Star - submitter

Chris Holding - submitter

Meredith Trevallyn-Jones - submitter

Andrew Vingilis - architect

Kerry Gordon – Planner on behalf of the applicant



In doing this, the panel notes that it has considered the various requests by submitters to defer

the application and has come to the conclusion that this is unnecessary as the Panel is well

informed by the Officers Report, its own view of the site and the verbal submissions made on

site and in the Panel meeting by the interested parties.

The Panels notes the conditions for excavation requires the geotechnical engineer to specify

the zone of influence and the method of excavation.




The Panel also notes that there is a condition requiring the development to comply with the

NCC with regards to the access to and from the nominated adaptable unit and the remainder of

the development.

The Panel also notes that the proposed landscaping on the subject site adjacent to the boundary

to No. 57 at the rear will mitigate concerns about privacy and overlooking without relying on

the Leyton Green hedge. With respect to the privacy to the western window of the multi-use

room at No. 57 the Panel notes that the existing boundary fence is to be retained and the height

of the development on the subject site will not create overlooking.

The Panel noted Condition E8 would satisfy the concerns about boundary encroachments and

compliance with the approved building height.

The Panel was satisfied that Condition C27 adequately addresses the requirements for privacy

devices and similarly Condition C16 requires appropriate stormwater management.





ITEM 11

DA No: 314/16

ADDRESS: 19 Samora Avenue, Cremorne

PROPOSAL: Demolition of an existing dual occupancy and the construction

of a new two (2) storey attached dual occupancy with off-street

parking and landscaping.

REPORT BY NAME: Robin Tse, Senior Town Planner

REASON FOR NSIPP

REFERRAL:

The subject application is reported to North Sydney

Independent Planning Panel due to the level of public interest.

APPLICANT: Hebden Architects - Andrew Hebden

Public submissions

Andrew Hebden - applicant

Bob Sanderson - submitter


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

of Condition C1 to require the planter to be increased in width to 750mm and the horizontal

privacy ledge to be increased to 500mm.




(Panel Reason: The above addition will increase privacy for the adjoining property at dwelling

1/17. In respect to 2/17, the Panel considers the conditions for fixed louvres and return privacy

screen and the retention of the existing screen planting adequately mitigates privacy impacts)





ITEM 12

DA No: 84/16

ADDRESS: 1 Florence Lane, Cremorne

PROPOSAL: Demolition of a heritage item and construction of a two storey

dwelling

REPORT BY NAME: Robyn Pearson, Team Leader (Assessments)

REASON FOR NSIPP

REFERRAL:

This development application is reported to NSIPP having

regard to public and Councillor interest.

APPLICANT: Belinda Law, C/- Contemporary Architecture - Clare Carter

Public submissions

Frances O’Rourke - submitter


Robert Stass - heritage consultant


The Panel resolves to defer the matter and request for the following to be carried out:

An Independent Heritage Consultant be appointed to assess the heritage significance

and the proposal to demolish the heritage item having regard to the heritage provisions

under Section 13 of the DCP 2013 and the documentary evidence submitted with the

application. A minimum of 3 consultants shall be nominated by Council and one agreed

to and paid for by the applicant.

That the applicant/owner demonstrate what approaches have been made to the adjoining

strata building to seek consent for the removal of the large Eucalyptus tree to the east

near the boundary and be reminded of their rights to explore this issue in accordance

with the TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006.

The applicant provide an updated quantity surveyors report to confirm the actual costs

of the restoration works required to restore the heritage item in accordance with the

structural engineers.

The applicant provide documentary evidence of the alternative alterations and additions

considered as alternatives to the demolition of the item.




(Panel Reason: The Panel was unable to determine the development application on the written

information submitted. The panel notes the verbal submissions of the applicant and its Heritage

consultant made at the meeting but is unable to base the formation of the opinion required to

allow demolition on these verbal representations. The appointment of a mutually agreed

heritage consultant to undertake an assessment of the heritage significance of the building is

considered to be a pre requisite prior to any determination)





ITEM 13

DA No: 343/16

ADDRESS: Montpellier Street, Neutral Bay (Forsyth Park)

PROPOSAL: Installation of 4 x 21m high lighting poles on Forsyth Park

field No.1

REPORT BY NAME: KGPS - Kerry Gordon.

(Fee for Service)

REASON FOR NSIPP

REFERRAL:

Council DA

APPLICANT: North Sydney Council - Kate Bambrick-Brown

Public submissions











ITEM 14

DA No: 368/16

ADDRESS: 1 Bradly Avenue (aka 1 Stannards Place), Kirribilli

PROPOSAL: Alterations and additions to marina including two storey

building; single storey workshop, extension of board walk;

new timber skid; increase marina berths from 14 to 15.

REPORT BY NAME: Geoff Mossemenear, Executive Planner

REASON FOR NSIPP

REFERRAL:

Public Interest

APPLICANT: Michael Standley & Associates Pty Ltd - Michael Standley

Public submissions

Russell Debney - submitter

Michael Standley - applicant







ITEM 15

DA No: 5/16/2

ADDRESS: 46 Jeffreys Street, Kirribilli

PROPOSAL: Modifications to DA No 5/16 for the deletion of deferred

commencement condition AA1 (iii) requiring the ceiling height

of the proposed lower ground floor rear addition to be lower

than the gutter line of the service wing.

REPORT BY NAME: Judith Elijah, Student Assessment Officer

REASON FOR NSIPP

REFERRAL:

The application is reported to North Sydney Independent

Planning Panel for determination as the deferred

commencement condition of the original consent was imposed

by the Panel.

APPLICANT: MSB Design Pty Ltd - Matt Beggs




Public submissions

Christine Dixon - submitter

Lindsey Tompkins - submitter

Matt Beggs - applicant



The panel notes that the matters raised by the submitters are not relevant to the section 96(1a)

determination.





ITEM 16

DA No: 358/16

ADDRESS: 26 & 28 Jeffrey Street, Kirribilli

PROPOSAL: Alterations and additions to terraces and change of use to

allow offices associated with an educational establishment

REPORT BY NAME: Lara Huckstepp, Executive Planner

REASON FOR NSIPP

REFERRAL:

History and use of the site

APPLICANT: David Green

Public submissions

Peter South - submitter

Leigh Sheridan - submitter

Simon Rainsford - architect for St Aloysius


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

changes to conditions C1, C16, C18 and I9 and new conditions C22 and I11:

Privacy

C1. The following privacy devices are to be provided:




a) All south-facing windows (excluding the stair enclosure) shall be provided with

obscure glazing to their lower panes and these lower panes shall be fixed/non

openable.

b) Two new north-facing windows (serving the ground level kitchen and the first floor

WC) shall be provided with obscure glazing to their lower panes and the lower

panes on the kitchen window shall be fixed / non openable with both panes on the

first floor WC window shall be fixed / non openable. c) The north-facing ground floor WC shall be provided with obscure glazing and shall

be fixed/non-openable.

d) The north-facing first floor stairwell window shall be provided with obscure

glazing to the lower pane and the lower pane shall be fixed/non-openable.


submitted fully satisfy the requirements of this condition prior to the release of the

Construction Certificate.

(Reason: Privacy)

Garbage and Recycling Facilities

C16. Adequate provision must be made for the storage of waste and recyclable material

generated by the premises. All garbage bins shall be stored at the rear on No.26

Jeffrey Street. Plans and specifications which comply with this condition must be

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

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

specifications submitted, referenced on and accompanying the issued Construction

Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the provision of appropriate waste facilities and to ensure

efficient collection of waste by collection contractors)

Noise from Plant and Equipment

C18. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant

and equipment operating contemporaneously on the site to exceed the RBL by more

than 5dB when measured at the boundary of any affected receiver during the day and

evening and not exceeding the background level at night (10.00pm – 6am). The

modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be

applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment Operations

Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme

or another strata scheme), premises for short-term accommodation, schools, hospitals,

places of worship, commercial premises and parks and such other affected receiver as

may be notified by the Council in writing.

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




Terms in this condition have the same meaning as in the Noise Guide for Local

Government and the Industrial Noise Policy published by the NSW Environment

Protection Authority.

(Reason: To maintain an appropriate level of amenity for adjoining land uses)

Plan of Management

I9. The Plan of Management titled ’Plan of Management – Administration & Finance

Department’ dated 2 February 2017 and received by council on 9 February 2017, shall

be amended to include the ongoing operational conditions I1 to I8 inclusive of this

consent, shall form part of this development consent and shall be adhered to at all times.

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

AC Condenser

C22. One of the new AC condenser units shall be relocated to the rear yard on No.26 Jeffrey

Street.

(Reason: Amenity of neighbours)

Signage

I11. Small signs shall be installed on both sides of the door/gate at the front entry and rear

courtyard to inform and remind all staff entering and exiting the premises to be mindful

of noise to neighbouring residential properties.

(Reason: Amenity of neighbours)

The Panel is of the opinion that the further development of heritage listed terraces in the

absence of a master plan for educational establishments, must be carefully considered having

regard to the residential nature of the area which is part of the heritage conservation area.





The public meeting concluded at 7.45 pm.

The Panel Determination session commenced at 8.00pm.

The Panel Determination session concluded at 11.10pm.

Endorsed by Jan Murrell

North Sydney Independent Planning Panel

1 March 2017

Documents

NORTH SYDNEY COUNCIL · NORTH SYDNEY COUNCIL Council Chambers 30 March 2017 I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the