NORTH SYDNEY COUNCIL · North Sydney Independent Planning Panel - 03/09/14 Page No 5 various modifications including changes to front bay windows, pergola roof, courtyard materials,

NORTH SYDNEY COUNCIL

Council Chambers 28 August 2014

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 3 September 2014 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 6 August 2014. (Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

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Panel Member Panel Member

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North Sydney Independent Planning Panel - 03/09/14 Page No 2

2. IPP01: 107 Broughton Street, Kirribilli (V) - DA 184/14 Applicant: Nagy Khoury Design Pty Limited Report of Natalie Moore, Assessment Officer, 26 August 2014 The subject application seeks approval to undertake alterations and additions to an existing terrace house at 107 Broughton Street, Kirribilli. The works include an infill extension at the ground floor to the north, rear extension to the first floor and new attic addition with deck and a dormer window on the Broughton Street facade. A rear deck off the ground floor and new landscaping to the courtyard is also proposed as part of this development application. This matter is referred to NSIPP for determination due to the degree of non-compliance of the proposal with the building height, which will be breached by more than 10%. The application was notified in accordance with Section 4 of NSDCP 2013 and one (1) submission was received raising amenity concerns regarding visual privacy, solar access, and view loss. Amended plans addressing these concerns were subsequently lodged by the applicant. The upgrades to the dwelling are generally acceptable and consistent with surrounding development. Concern however is raised over the potential privacy, and bulk and scale impacts of the proposed elevated ground floor rear deck so it is recommended that this element be reduced in height by 400mm. The visual impact and additional bulk generated by the proposed projecting cantilevered portion attic addition is also of concern and it is recommended this element be re-designed to retain a consistent setback with the first floor below. Subject to these recommended conditions, the variation to the building height development standard will have no adverse impact on the bulk and scale of the subject building or the amenity of neighbouring properties. 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) A. THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height, and grant consent to Development Application No. 184/14 for alterations and additions to the existing terrace house at 107 Broughton Street, Kirribilli, subject to the following site specific and attached standard conditions:- No Work to Party Walls C1. Structural drawings and certification prepared by a suitably qualified Structural Engineer shall be prepared demonstrating that all works are located wholly within the site boundaries, that no works are proposed to any common party walls and all new works do not rely structurally on the support from the common party walls. Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a 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. Note: If structural certification for the above cannot be obtained then a Section 96 application is required to be lodged with Council seeking consent to undertake works to the party walls, and will require the owner’s consent of both neighbouring properties. (Reason: To ensure no works to the party walls) Elevated Ground Floor Rear Deck C2. The elevated ground floor rear deck, landing and stairs shall be reduced in height by 400mm to 12.995 GFL as indicated in red on the approved plans. Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a 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 minimise overlooking and reduce building bulk to the rear) Attic Addition C3. The northern cantilevered/projecting element of the proposed attic level shall be re-designed and setback 500mm to the south so as to remain consistent with the existing northern wall of the first floor below as shown in red on the approved plans. Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a 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 maintain consistency in built form and reduce bulk and scale) Soft Landscaping to Rear Courtyard C4. The lower rear courtyard as shown in red on the approved plans must be entirely soft landscaped with a mix of turf/shrubs/ground cover. Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on, and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure appropriate levels of soft landscaping at the site) Ground Floor Roof Non-Trafficable C5. The ground floor roof addition adjacent to the northern boundary is not to be trafficable or accessible from the first floor balcony. Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a 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 clarify the terms of the consent) Works Wholly within Property Boundaries G1. Prior to the issue of any Occupation Certificate, a report prepared by a suitably qualified surveyor must be submitted to the Certifying Authority demonstrating that no works have been carried out on the adjacent property


that required land owners consent and that all proposed works are wholly contained within the subject site. (Reason: To ensure the works have been undertaken wholly within the subject site)

3. IPP02: 133 Carabella Street, Kirribilli (V) - DA275/13/2

Applicant: Boston Blyth Fleming Report of Luke Donovan, Senior Assessment Officer, 26 August 2014 This Section 96 application seeks NSIPP approval for the modification to some conditions of consent for DA275/13 involving changes to the front bay windows, pergola roof, courtyard materials, hot water enclosure and changes to the plan of management for the existing private hotel on land at No.133 Carabella Street, Kirribilli. The application is reported to North Sydney Independent Planning Panel for determination as it seeks the deletion/modification to conditions imposed by the Panel in response to community concerns. On 13 November 2013, NSIPP granted approval to Development application No. 275/13 for additions within the rear yard of the private hotel including a water heater enclosure, laundry and pergola subject to a number of site specific conditions requiring an operational plan of management for the private hotel, a reduction in the ridge height and pitch of the pergola roof, synthetic turf to the courtyard and a reduction in the height of the gas water heater adjacent to the north western boundary of the site. Council’s notification of the proposed modification has attracted five (5) submissions raising particular concerns about the adverse visual and acoustic impacts of the proposed modifications. The proposed modifications to the ancillary structures at rear of the building have been assessed as substantially the same development as was originally approved. The proposed modifications to the gas water heater enclosure are generally supported as the changes would not result in adverse visual impacts and/or materially reduce the acoustic amenity for adjoining properties. The proposed modification to the pergola ridge height and pitch is however not supported as it would result in adverse visual impacts for adjoining properties. The proposed paving in the rear yard is considered acceptable as the area is relatively small and largely confined by existing built structures limiting the opportunities for further soft landscaping to be provided at the rear of the site. The removal of the bay windows in the existing archways would maintain the existing character of the building within the Careening Cove Conservation Area. The proposed bin enclosures are not be supported as they would significantly reduce the opportunity for landscaping in the front yard and detract from the character of the building. The proposal has been assessed having regard to Section 96(2) of the Environmental Planning and Assessment Act 1979 (as amended) and found to be satisfactory in the site circumstances. Accordingly, the proposal is recommended for approval subject to modified conditions of consent. Recommending: A. THAT the North Sydney Independent Planning Panel, resolve to modify its consent dated 13 November 2013 in respect of a application proposing


various modifications including changes to front bay windows, pergola roof, courtyard materials, hot water enclosure and changes to plan of management for the private hotel on land at No.133 Carabella Street, Kirribilli under the provisions of Section 96(2) of the Environmental Planning and Assessment Act only insofar as will provide for the following:

A1. Development in accordance with Plans To modify condition A1 to read as follows:

The development being carried out in accordance with drawings numbered: Dwg No.

Title Drawn by Received

1A Ground floor plan Mark Cambourn & Associates Pty Ltd Ltd

3 July 2014

SK1 Proposed pathway for wheelchair access

Mark Cambourn & Associates Pty Ltd Ltd

3 July 2014

DA-1B Plan of rear yard of hotel


3 July 2014

DA-2A Roof plan of pergola and laundry/store North east elevation


3 July 2014

DA-3A Plan of pergola framing, site plan, south west elevation


3 July 2014

Section 96 – 2A (08-01)

South west elevation


3 July 2014

Private Hotel - Operational Plan of Management To modify the following conditions C4, C5 and C6 so as to read:

C4. An Operational Plan of Management must be prepared which includes the following matters (but not limited to these issues) to ensure the smooth operation of the private hotel:- • The private hotel is restricted to a total of 23 bedrooms. • The Hotel Duty Manager must be available on-site 24 hours a day, 7 days a

week to deal with any matters arising from the operation of the private hotel.

• An emergency phone number must be provided to all neighbours to respond to any anti social behaviour and/or noise nuisance.

• The laundry adjacent to the north western side boundary must be used by Hotel staff only between the hours of 7am to 9pm (Monday to Sunday).

• The rear outdoor area including the proposed pergola is permitted for use only between the hours of 7am to 9pm (Monday to Sunday). Use of this area outside of these hours is restricted for smoking purposes with a maximum of two (2) people at any one time.

• External light to be restricted so that only essential security lighting is provided between 9pm and 7am on any day.


• The operational plan shall contain a guest code of conduct and be distributed to all guests on arrival and be placed in prominent positions within the hotel facilities.

A copy of the Operational Plan of Management must be submitted to North Sydney Council for written approval from the Director of Planning and Development Services, prior to the issue of any Construction Certificate. (Reason: To ensure that the hotel is satisfactorily managed) Roof above Hot Water Enclosure C5. The proposed gas water heater enclosure adjacent to the north western boundary must be screened from the adjoining property with skillion steel roof that is operable to comply with the Building Code of Australia. The steel roof should be factory pre finished with low glare and reflectivity properties and be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining properties. The Certifying Authority must ensure that the building plans and specifications submitted reference on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To minimise the visual impact of the equipment from the adjoining property) Pergola Height and Pitch C6. The pitch of the pergola shall be reduced to 10 degrees and the height of the ridge shall be reduced to 3m. The roofing material of the pergola may be colorbond steel. The steel roof should be factory pre finished with low glare and reflectivity properties and be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining properties. The Certifying Authority must ensure that the building plans and specifications submitted reference on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To reduce visual impact of the structure) Replacement of Paving To delete condition C7

C7. The paving proposed over the concrete slab shall be replaced with synthetic turf. (Reason: To enhance amenity of area) Front ground floor windows To add the following conditions C8 and C9 to read as follows:

C8 The following amendments must be made to the front ground floor windows located within the existing archways: a) The timber windows and infill panels must be recessed so that their external face is at least 25mm inside the external face of the existing arches. b) The wall panels to the infill of the arches is to have a smooth render finish. No approval is given for the use of stucco or any textured finish. (Reason: To ensure that the new work is easily distinguished as non-original) Bin enclosure C9 No development consent is given and/or implied under this application to the bin enclosure areas shown at the front of the building. (Reason: To maintain the landscape character of the locality)


4. IPP03: 48 Upper Pitt Street, Kirribilli, (V) - DA 216/14 Applicant: Marston Architects Report of Natalie Moore, Assessment Officer, 26 August 2014 This development application seeks development consent for alterations and additions to an existing eight storey apartment building including new cladding to the façade, new windows, demolition of existing roof top chimneys, installation of roof top air conditioning plants and fire safety upgrade works 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. Council’s notification of the proposal attracted one submission from an adjoining landowner, Ausgrid regarding potential implications of additional energy consumption. The application has been assessed against the relevant provisions and requirements of the North Sydney LEP 2013, North Sydney DCP 2013 and SREP (Sydney Harbour Catchment) 2005. 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 building elements above the maximum building height of 12m are unlikely to have an impact on the character of the locality and would not cause material amenity impacts for the adjoining properties in terms of view loss, overshadowing or a loss of privacy. 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. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and Environment and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height, and grant consent to Development Application D216/14 for works to an existing eight storey apartment building on land at No. 48 Upper Pitt Street, Kirribilli subject to the attached standard conditions and following site specific conditions:- Health and Safety E1. All works undertaken must satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. This plan must include, but not limited to, appropriate safety measures in relation to falling objects from the construction site. Site Fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warns the public to keep out of the site, and provide a contact telephone number for enquiries.


Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au (Reason: To ensure the health and safety of the community and workers on the site) Height G1. The maximum RL of the louvre screening and mechanical plant on the roof top shall be RL 65.40 AHD. The Certifying Authority must ensure, prior to the issue of the final Occupation Certificate required on the completion of works, that evidence is submitted by the Applicant, demonstrating compliance with this condition. (Reason: To ensure compliance with the terms of this development consent) Fire Safety Upgrades G2. Prior to the issuance of any Occupation Certificate, appropriate certification shall be obtained indicating that all works have been completed in accordance with the Stephen Grubit & Associates Fire Safety Report, numbered 2013/207 R1.1, and the Recommended Fire Safety Upgrade works outlined within Part 5.0 of the Philip Chung Report, dated 16 April 2013. (Reason: Fire safety upgrade) Air Conditioners – Night Mode I1. The operation of the night mode for the air conditioners as recommended in the Acoustic Logic report dated 30/06/2014 must not be capable of being overridden by individuals residing within the building. (Reason: To ensure compliance with the specified levels of noise and vibrations and to the maintain the amenity of surrounding land uses at night)

5. IPP04: 128 Military Road, Neutral Bay (T) - DA161/14

Applicant: Neerim Bowral Pty Limited Report of Robin Tse, Senior Assessment Officer, 26 August 2014 This development application seeks approval from the North Sydney Independent Planning Panel for redevelopment of the subject properties to provide a new five storey mixed use/shop top housing building containing two (2) commercial tenancies on the ground floor, twenty-two (22) apartment units on the upper levels and basement parking for sixteen (16) vehicles. The application is referred to NSIPP for determination due to the requested variation to the building height control and the design responses to a number of DCP controls aimed at providing acceptable residential amenity. Council’s notification of the proposal has attracted one (1) submission raising particular concerns about noise nuisance during construction phase of the development, traffic and parking impacts on the adjoining properties. The development application has been assessed against the North Sydney LEP 2013 and North Sydney DCP 2013 and SEPP 65 – Design Quality of Residential Flat Building and generally found to be satisfactory. This report has considered a written request submitted by the applicant seeking a variation to Clause 4.3 in North Sydney LEP concerned with the height of buildings pursuant to Section 4.6 of the LEP. It is considered that the variation to the building height development standard could be supported because the building elements in breach of the LEP building height development standard


would not cause material impacts on the amenity of the adjoining properties as well as the character of the locality. The applicant has also amended the design of the proposal in response to the comments provided by the Design Excellence Panel (DEP) that recommended a reduction in the number of apartments units and further modifications to the internal layout of a number of the units. The amendments are considered to be acceptable. The proposal, as amended by conditions, 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) A. THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of Planning and Infrastructure 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.161/14 for a mixed use/shop top housing building on land at No. 128 Military Road, Neutral Bay subject to the following site specific conditions and the attached standard conditions:- Modifications to Balconies C1 The depth of the balconies on the northern elevation of Units 10, 12, 15 and 20 must be increased to 2m from the building line to improve the amenity of these apartments. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To improve residential amenity for the southern apartment units) Landscape Plan C2 The applicant shall submit a landscape plan for the roof top garden areas and the courtyard areas for Units 01, 03, 04 and 06, based on drawing numbered DA2004 Rev B and DA 2014 Rev B, dated 6/08/14 and drawn by Revay & Unn Architects, identifying the species of plants to be planted, their numbers and their mature heights. 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 requirement of this condition. (Reason: To ensure appropriate landscaping treatments) Air Conditioning Units C3 Air conditioning units must not be installed within the lightwells to protect the amenity of future residents with regard to air quality, ventilation and noise. 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 requirement of this condition. (Reason: To ensure the amenity of apartment units.) Rooftop Communal Facilities I1 The rooftop communal facilities, including the roof top terrace and the communal gymnasium, must only be used by the residents and their guests of No.128 Military Road. The operating hours of the rooftop communal facilities shall be as follows: Sundays to Wednesdays 7.00am to 10.00pm


Thursdays to Saturdays 7.00am to 11.00pm (Reason: To restrict the use of the facilities and amenity protection)

6. IPP05: 10 Munro Street, McMahons Point (V) - DA 201/14

Applicant: In + Out Pty Ltd Report of Susanna Cheng, Senior Assessment Officer, 22 August 2014 This development application seeks approval for the demolition and reconstruction of a weatherboard cottage with a new under-storey level, excavation and drainage works, retaining walls, and landscaping, and is reported to NSIPP for determination due to variation to Council’s controls relating to heritage items and building height. Although demolition of a heritage item is not supported by Council’s controls, the unique circumstances are such that the proposed demolition can be supported in this case. In particular, the site is currently unstable and parts of the cottage are propped up with supports. In its current condition, the cottage is unsafe for habitation, which limits its viability. The demolition of the building will allow for the stabilisation of the site. The building is so structurally compromised as to preclude reasonable salvaging of any part of the fabric. The demolition is supported by a report prepared by an engineer with specialist experience in heritage conservation. The proposal involves the reconstruction of the cottage in its existing footprint and form, using what remains of its original and significant fabric in the reconstruction, and will ensure the future viability of the site for residential use. The existing and proposed building height of 7.5m exceeds the maximum height control of 5.5m for small lots by 36.4%. The height non-compliance of 2m is attributable to the construction of a new lower ground floor level, with no change proposed to the height of the existing roof ridge. The ground level and roof of the cottage will be reconstructed to match the existing so that the apparent height of the cottage will remain generally the same as existing when viewed from Munro Street and adjoining properties. The dwelling will continue to read as a single storey modest cottage at Munro Street and will not have any detrimental impacts on the streetscape. The development will not result in any material amenity impacts on surrounding development in terms of solar access or privacy as the above-ground building envelope will generally be maintained and the main living areas will be sufficiently set back and oriented to walkways and the street. The earthworks and reconstruction of retaining walls will improve the stability of the site and safety for adjoining development. The application was referred to Railcorp for concurrence in relation to excavations adjacent a rail corridor. The statutory timeframe has lapsed whereupon Council may determine the development application, subject to conditions as recommended in this report. Council’s notification of the proposal has attracted one submission in support. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions, including a deferral of development approval pending any terms of approval from the rail authority.


Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 201/14 for the demolition and reconstruction of a weatherboard cottage with new lower ground level, excavation and drainage works, retaining walls, and landscaping at 10 Munro Street, McMahons Point, subject to the attached standard conditions and following site specific conditions. The consent shall be deferred for a period of twenty-one (21) days from determination to allow Railcorp to provide terms of approval. Any terms of approval by Railcorp are to prevail to the extent of any inconsistency with the conditions of this consent. Protection of railway infrastructure A5. The development is to comply with the following: (a) Prior to the issue of a Construction Certificate and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the development is to be carried out by representatives from the Rail Authority and the applicant/developer. The submission of dilapidation surveys for all rail infrastructure and all works in the vicinity of the rail corridor will be required unless otherwise notified by the Rail Authority. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The Principal Certifying Authority shall not issue the Construction Certificate or Occupation Certificate until written confirmation has been received from the Rail Authority confirming that this condition/s has been satisfied. (b) Prior to the issue of a Construction Certificate: i) The Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate. ii) An acoustic assessment prepared by a qualified and practising acoustic engineer/consultant is to be submitted to Council demonstrating how the proposed development will comply with the Department of Planning's document titled "Development Near Rail Corridors and Busy Roads- Interim Guideline" (DoP 2008). iii) A Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to RailCorp for review and comment on the impacts on the rail corridor. iv) The Applicant is to submit to RailCorp a plan showing any craneage or other aerial operations for the development and must comply with all RailCorp requirements. 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.


(c) The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of RailCorp. (d) No metal ladders, tapes and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment. This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor. (e) During all stages of the development extreme care shall be taken to prevent environmental harm within railway corridor. Any form of environmental harm to areas within the railway corridor or legislative non-compliance that arises as a consequence of the development activities shall remain the full responsibility of the developer/applicant. (f) Given the site's location within 25m of a rail corridor, drainage from the development must be adequately disposed of/managed and not allowed to be discharged into the corridor unless prior approval has been obtained from RailCorp. (g) Stormwater drainage is not to find its way into any culvert under the rail corridor, or water to pond at the base of the rail embankment unless RailCorp approval has been obtained. (h) No work is permitted within the rail corridor, or its easements, at any time unless prior approval or an Agreement has been entered into with RailCorp. (i) Prior to the commencement of works appropriate fencing shall be installed along the rail corridor to prevent unauthorised access to the rail corridor. Details of the type of fencing and the method of erection are to be to RailCorp's satisfaction prior to the fencing work being undertaken. RailCorp may provide supervision, at the developer's cost, for the erection of the new fencing. (j) No scaffolding is to be used within 6 horizontal metres of the rail corridor unless prior written approval has been obtained from RailCorp To obtain approval the applicant will be required to submit details of the scaffolding, the means of erecting and securing this scaffolding, the material to be used, and the type of screening to be installed to prevent objects falling onto the rail corridor. (k) Where a condition of consent requires Railcorp’s endorsement the Principal Certifying Authority shall not issue a Construction Certificate or Occupation Certificate, as the case may be, until written confirmation has been received from Railcorp that the particular condition has been complied with. (Reason: Safety and amenity of development adjacent a rail corridor under SEPP (Infrastructure) 2007) Works to original, southern part of the cottage A6. The original fabric of the southern, original part of the cottage is to be carefully removed, identified and stored, such that it can be placed back in its original location during reconstruction. This process must be done under guidance and supervision, and to the approval, of the heritage architect. (Reason: To ensure the retention and protection of original and significant fabric and to ensure its reuse in the appropriate location during reconstruction)


Council footpath and retaining wall C24. Prior to issue of any Construction Certificate applicant shall provide to Council structural certification, prepared by a qualified and practising structural engineer, that the proposed cut-in will not undermine the stability of footpath embankment. If the proposed cut-in does impact upon the structural viability of the wall and embankment, the applicant shall undertake all necessary works (design and construction) to ensure the wall is structurally sound. Consequently, the applicant shall engage a Structural and Geotechnical Engineer to design the wall in accordance with current Australian standards and submit documentation to Council prior to issue of any Construction Certificate. If any tieback anchors are proposed that encroach on Council’s land, a separate application for that purpose is required prior approval of a Construction Certificate. All costs associated with any design and construction work shall be borne by the applicant. 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 ensure the protection of existing public infrastructure) Commemorative plaque C25. A plaque is to be installed on the front verandah of the property in a prominent location, and is to include a summarised history of the building and its significance. The applicant shall liaise with Council’s Historian and Conservation Planner in terms of the design of the plaque. Details shall be provided to and approved by Council’s Historian prior to the release of Construction Certificate. 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. The plaque is to be installed to the satisfaction of Council’s Historian and/or Conservation Planner prior to the issue of an Occupation Certificate. (Reason: To publicly display and record the historic and heritage significance of the site) No glass louvres C26. No approval is given for the use of glass louvres at the upper (street) level. Where louvres are indicated, they should be replaced with clear sash or casement windows, with timber shutters applied internally if needed for privacy. The windows are to be designed under guidance and to the approval of the heritage architect. Glass louvres may only be used on the lower level. 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 ensure the use of appropriate details) No glazed balustrades C27. No approval is given for the use of glazed balustrades. All balustrades are to be of timber construction and detail to match the new balustrade of the front verandah. The balustrades are to be designed under guidance and to the approval of the heritage architect.


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 ensure the use of appropriate details) Timber weatherboards C28. Where possible, existing original weatherboards are to be used in the reconstruction of the southern section of the cottage, including the southern and eastern walls. New weatherboards must be natural timber weatherboards with paint finish, profile to match the original weatherboards. No approval is given for artificial weatherboards. 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 ensure the use of appropriate materials) Roof sheeting C29. All roof sheeting is to be custom-orb profile zincalume or colorbond roof sheeting to match existing. 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 ensure the use of appropriate materials and colours) Fence to Munro Street C30. The timber privacy screen to the front verandah on Munro Street is to be a traditional open picket fence with a maximum height of 1600mm measured from the finished floor level of the front deck. 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 ensure the use of appropriate details and retain views of the building from the street) Window hoods C31. All new window hoods are to be of simple and traditional detail complementary to the character and significance of the listed dwelling. The hoods are to have metal sheeting to match the roof sheeting. The hoods are to be designed under guidance and to the approval of the heritage architect. No approval is given for contemporary styled window hoods. 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 ensure the use of appropriate details) Service adjustments E25. 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) Clearances from existing electrical plant and equipment E26. Clearance requirements in the WorkCover NSW Code of Practice - “Work Near Overhead Power Lines” 2006 – are to be complied with during the works. All overhead mains in the street are to be regarded as “bare active” mains with a voltage less than 1000V. (Reason: Public safety, Ausgrid requirement)

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 6 August 2014.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

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

ON WEDNESDAY 6 AUGUST 2014, AT 2.00PM.

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

Item 4 - 21 Elamang Ave, Kirribilli - Jan Murrell declared a non pecuniary interest and vacated the chair during discussion and determination of this item and Michael Harrison Chaired this item.

NORTH SYDNEY INDEPENDENT PLANNING PANEL - 06/08/14 Page No 2


3. Business Items

ITEM 1

DA No:

86/14

ADDRESS:

26 Morton Street, Wollstonecraft

PROPOSAL:

Alterations and additions to attic, including raising of roof ridge

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP REFERRAL:

This development application seeks approval for alterations and additions to a dwelling and is reported to NSIPP for determination due to variation to Council’s controls relating to building height, being a maximum of 8.5m. The proposed variation of the building height development standard is 3.1m (36.5%).

APPLICANT: Matthew Shanahan

Public submissions Matthew Shanahan - Owner Kate Paterson - Urbis Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. (Panel Reason: The proposed roof addition would result in an overdevelopment of the site

and an unacceptable impact on the heritage significance of the building and group of heritage houses. The Panel further notes that the attic area has an approval to improve the internal amenity and ventilation by the addition of french doors and balcony at the rear which will not interfere with the heritage significance of the streetscape)

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Francesca O’Brien X

Michael Harrison X Ian Pickles X



ITEM 2

DA No:

271/12/2

ADDRESS:

26 Morton Street, Wollstonecraft

PROPOSAL:

To modify a consent for the erection of a double carport, to accommodate a gym, bathroom and laundry under the carport, and associated landscape works

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer


The application is reported to the North Sydney Independent Planning Panel for determination as it relates to DA86/14 currently before the Panel and provides relevant context in the assessment of both applications.

APPLICANT: Matthew Shanahan

Public submissions Matthew Shanahan - Owner Kate Paterson - Urbis

Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. (Panel Reason: The Panel notes Condition I1 does not allow the gym and laundry to be used

as a separate dwelling) Voting was as follows: Unanimous



ITEM 3

DA No:

133/14

ADDRESS:

2 Woolcott Street, Waverton

PROPOSAL:

Alterations and Additions to the Existing Dwelling

REPORT BY NAME:

Jonathan Archibald


Public Interest

APPLICANT: Mrs Mary Mount



Public submissions Mr Bruce Donald - Submitter Trevor Mount - Owner Mr Ken Powell - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following condition: Setback to the eastern boundary A4. The setback from the eastern boundary of the rear terrace deck and awning shall be

increased to 1.2m to provide landscaping and increased separation between the properties. Amended plans to demonstrate compliance with the requirements of this condition shall be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

And standard conditions be imposed for suitable landscape screening capable of

achieving a height of 2m at maturity be provided between the terrace and the common boundary prior to occupation.

(Panel Reason: The Panel noted the proposal as conditioned complies with the DCP.

However, the Panel considered in the circumstances that an increased side setback for the verandah/pergola would provide landscaping and increased separation between the properties)




ITEM 4

DA No:

94/14

ADDRESS:

21 Elamang Avenue, Kirribilli

PROPOSAL:

Alterations and addition to an existing multi storey apartment building including new façade cladding, fire safety upgrade works, a roof terrace/pergola and a new concrete slab to sea wall

REPORT BY NAME:

Robin Tse, Senior Assessment Officer


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

APPLICANT: Collard Maxwell Architects



Public submissions No persons elected to speak. 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 Francesca O’Brien X

Michael Harrison X Ian Pickles X * Jan Murrell left the room during the determination session due to her declaration of a

significant but non pecuniary interest in this item.

ITEM 5

DA No:

98/14

ADDRESS:

Unit 1 55A Wycombe Road, Neutral Bay

PROPOSAL:

Alterations and additions to a first floor unit within an existing duplex.

REPORT BY NAME:

Robin Tse, Senior Assessment Officer


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

APPLICANT: Michael Adam Crebar






ITEM 6

DA No:

191/14

ADDRESS:

Unit 30 and Unit 31, 16-18 Harrison Street, Cremorne

PROPOSAL:

Demolition of existing sliding doors, windows and half height cavity brick walls, and installation of new stackable sliding doors, along the southern elevation of Unit 30 and Unit 31.

REPORT BY NAME:

Natalie Moore


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

APPLICANT: Rohan Thomas Dunn




ITEM 7

DA No:

132/14

ADDRESS:

54 Cammeray Road, Cammeray

PROPOSAL:

Alterations and additions to the existing dwelling including a new first floor

REPORT BY NAME:

Luke Donovan


The noncompliance with the permitted height limit is greater than 10%

APPLICANT: Mark & Tracey Ralston

Public submissions Tony Camilleri (Architect) - acting for the owners of 52 Cammeray Road Mark Ralson- Applicant/Owner Business Item Recommendations



The Council Officer’s Recommendation is endorsed by the Panel subject to amendment to the conditions addressing the following: Glazing - front facade

C2. The extent of glazing on the front façade of the first floor must be reduced to the four

middle panes of glazing with two solid side panels. 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 built form is more compatible with surrounding

development)

(Panel Reason: The additional solid elements are more compatible with the existing front facade while still allowing additional light to the stairwell and to be more consistent with the DCP)

Privacy C12. The following privacy devices are to be provided:

a) The vertical blades attached to the first floor bedroom windows (W4 and W5) shall be a minimum of 1500mm high above finished floor level.

b) The first floor bathroom window (W7) must also be fitted with obscure glazing.

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 No.52 Cammeray Road, Cammeray

(Panel Reason: To ensure reasonable privacy is maintained to the neighbouring property while providing an appropriate level of amenity for the bedrooms in the development)

The Panel noted that a reduction in the length of the extension and the finished floor to

ceiling height would compromise the functionality of the first floor addition and the impacts on the neighbour at No. 52 Cammeray Road are not unreasonable.





Michael Harrison X Ian Pickles X The public meeting concluded at 3.05pm. The Panel Determination session commenced at 3.15pm. The Panel Determination session concluded at 4.35pm. Endorsed by Jan Murrell North Sydney Independent Planning Panel 6 August 2014

Documents

NORTH SYDNEY COUNCIL · North Sydney Independent Planning Panel - 03/09/14 Page No 5 various modifications including changes to front bay windows, pergola roof, courtyard materials,