item - reports · 2016. 3. 31. · item ___ipp05_ - reports -06/04/16__ n o r t h s y d...

Item _____IPP05_____ - REPORTS -____06/04/16____

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

NSIPP MEETING HELD ON 06/04/16

Attachments:

1. Site Plan

2. Architectural Plans

3. Clause 4.6 Submission

4. Shadow Diagrams

ADDRESS/WARD: 24 Jeffreys Street, Kirribilli (V)

APPLICATION NO.: DA16/16

PROPOSAL: Extension of rear balcony at an upper level

PLANS REF: Drawings numbered 967.1 - 967.6 (inclusive) and 967.SH.1 –

967.SH.2 dated 20 January 2016, drawn by Linklater Associates

Pty Ltd Architects, and received by Council on 1 February 2016.

OWNER: Nannette Marjorie South

APPLICANT: Nannette Marjorie South

AUTHOR: Hayley Marks and Pierre Le Bas, Town Planners – Turnbull

Planning International Pty Limited

DATE OF REPORT: 29 March 2016

DATE LODGED: 3 February 2016

AMENDED: 23 March 2016

RECOMMENDATION: Part Approval

Report of Hayley Marks and Pierre Le Bas, Town Planners of Turnbull Planning International

Pty Limited

Re: 24 Jeffreys Street Kirribilli Page 2

EXECUTIVE SUMMARY

This application seeks NSIPP approval for the construction of an extension to an existing balcony

by an additional 1200mm. The balcony is located at the rear of the third level of an existing

terrace house at 24 Jeffreys Street, Kirribilli. The dwelling is a Contributory Item and located

within the Jeffreys Street Conservation Area under North Sydney LEP 2013.

The subject Development Application No. 16/2016 is reported to NSIPP because the

owner/applicant has been affiliated with the Your North Sydney Party within the past two

years. The height of the new works would also exceed the permissible height limit of 5.5m as

it is a small lot so the application must be determined by NSIPP under directions from the

NSW Department of Planning and Environment.

Council‟s notification of the proposal has attracted one (1) submission in support of the

development application. The assessment has considered this submission as well as the

performance of the application against Council‟s planning requirements.

Council‟s Conservation Planner considers the proposal to be unsatisfactory with the heritage

provisions in Part B Section 13 of NSDCP 2013. As the property is a contributory item within the

Jeffreys Street Conservation Area, the proposal is considered to detract from the integrity of the

group of terraces listed as heritage items as the proposed extension would be located above a

service wing of the dwelling that is a significant feature of the group of terraces.

The proposed balcony depth is also non-compliant in that its design and proportions are

inconsistent with balconies typical of Victorian Terraces. Therefore, the proposal would not

maintain the heritage significance of the subject dwelling and/or the group of terraces having an

adverse impact upon the significance of the Jeffreys Street Conservation Area.

However, having regard to the provisions of Section 79C of the EP&A Act 1979, the

development application with a modification to reduce the size of the deck is considered to be

reasonable and is therefore recommended for approval subject to a reduction in the depth of the

balcony to two (2) metres to provide a more useable balcony space as well as a 1500mm privacy

screen on the northern elevation to minimise overlooking into adjoining properties.

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Re: Page 3

Property/Applicant Submittors - Properties Notified

24 Jeffreys Street - DA16/16

Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International

Pty Ltd Page 4

Re: 24 Jeffreys Street, Kirribilli

DESCRIPTION OF PROPOSAL

The applicant is proposing alterations and additions to the existing terrace that involves the

following works:

Extension of an existing balcony at the studio level (third floor) of an existing terrace,

from 1200mm wide to 2400mm wide.

Timber balustrade and tiled floor to match the existing materials.

Figure 1: Proposed balcony extension demonstrated in yellow.

Figure 2: Northern elevation of proposed balcony extension as demonstrated in yellow.


Pty Ltd Page 5


STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R3 Medium Density Residential

Item of Heritage – No but a Contributory Item under NSDCP 2013

In Vicinity of Item of Heritage – Yes (26-32 Jeffreys Street, Kirribilli, 40-42 Kirribilli

Avenue, Kirribilli & 41-45 Pitt Street, Kirribilli)

Conservation Area – Jeffreys Street Conservation Area

FSBL – No

Environmental Planning & Assessment Act 1979

SREP Sydney Harbour Catchment (2005)

SEPP No. 55 - Remediation of Land

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The subject site is legally described as Lot A in DP154815. The property is located on the

western side of Jeffreys Street and has a total area of 131.96m2 with a 5.03m frontage to Jeffreys

Street, Kirribilli. The site contains a terrace house in a row of eight (8) adjoining terrace houses.

The subject terrace is separate from its neighbour, No 26 Jeffreys Street, Kirribilli, located to the

immediate north, by an easement for services and rights of access.

Figure 3: Aerial view of the subject site and surrounding development.

(Source: SIX Maps, accessed 22/03/2016)

The property is within the Jeffreys Street Conservation Area and is in the immediate vicinity of

heritage items at Nos. 26-32 Jeffreys Street, 40-42 Kirribilli Avenue & 41-45 Pitt Street,

Kirribilli identified in NSLEP 2013. The western side of Jeffreys Street is characterised by

terrace style development whilst the eastern side of Jeffreys Street is dominated St Aloysius

College.


Pty Ltd Page 6


RELEVANT HISTORY

Previous Applications

A search of Council‟s records revealed the following development application history as noted

below:

Development Application 496/01 was lodged with Council on 6 April 2001 that proposed a

studio addition with ensuite bathroom and roof deck to the existing attic. After a meeting with

Council Officers, the development application was withdrawn on 4 May 2001.

Development Application 119/09 for alterations and additions to the existing terrace including

the construction of a studio addition, alteration of fenestrations and internal alterations was

lodged with Council 17 April 2009. The development application was referred to a meeting of

Council on 17 August 2010 with recommendations for approval. Council deferred the matter for

an on site inspection. The matter was referred back to Council at its meeting held on

9 September 2010 where the application was approved with conditions.

Development Application 119/09/02 was lodged with Council on 18 May 2010. The

development application was referred to a Council meeting on 6 September 2010 and was

approved on 29 November 2010.

Current Application

The history of the subject application is summarised below:

Date Action

1 February 2016 Development Application DA16/16 (the subject application) was lodged

with Council.

12 February 2016 DA 16/16 was notified to adjoining properties and the Bradfield Precinct

inviting comment between 12 February 2016 to 26 February 2016. One

(1) submission was received in support of the proposal.

4 March 2016 A site inspection was conducted by the assessing officer Hayley Marks

from Turnbull Planning International.

21 March 2016 The site was visited by Council‟s Conservation Planner – Lucinda

Varley, Team Leader – Robyn Pearson and Student Planner – Judith

Elijah.

REFERRALS

Building

The proposed works as the subject of this application have not been assessed in accordance with

compliance with the Building Code of Australia. This would need to be undertaken prior to the

issue of a Construction Certificate. Should significant changes be required to achieve compliance

with BCA standards, a Section 96 application would be necessary.


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Heritage

Council‟s Conservation Planner has provided the following comments:

The subject property is a contributory item, and forms part of the Jeffreys St group of

terraces that extend from 26 to 50 Jeffreys St. The terrace is a c 1890 example of the

Federation Filigree style and has both an intact front façade and rear form. There is

however, a small rear balcony on the attic level.

The proposed extension to the attic level balcony does not satisfy Clause 5.10 of NSLEP

2013 in that it will physically dominate the rear service wing. Consent was previously

sought for a similarly proportioned balcony under DA 119/09/2 and the heritage

assessment resulted in a development condition that it be reduced in depth. However, the

condition was not adhered to and constructed at 1.2 m in depth.

The proposal is also non-compliant with the following controls in Part B Section 13 of

NSDCP 2013:

13.4 Development in the Vicinity of Heritage Items

The proposed new work will extend across the majority of the roof of the service wing of

the subject terrace. It is noted, however, that the service wings in the group of terraces

are generally intact. The proposed works will therefore detract from the integrity of the

group and is non-compliant with Objective O1.

13.5.7 Group Heritage Items

The proposal is non-compliant with Provision P 2 in that the works are to be located on

top of a service wing that forms a significant feature of the group of terraces.

13.9.3 Verandahs and Balconies

The proposal is non-compliant with Provision P 5 in that the design and proportion of

the proposed balcony addition will result in a balcony that is inconsistent with typical

terraces from the 1890s. Balconies are not typically located on attic levels of terraces

that date from the 1890s and do not typically extend across the majority of the service

wing. Balconies on such buildings are unusually limited to street level on the primary

façade. The proposed development condition to add a 1500 mm high privacy screen will

also contribute to the visual bulk of the balcony and is not supported.

CONCLUSION

As the proposal is considered to have an adverse impact upon the heritage significance

of the terrace and the group of terraces in the Jeffreys St Conservation Area, the

proposed balcony extension is not supported due to the likely negative impact upon the

significance of the conservation area.

It is also considered that the proportions of the existing balcony are over-scaled and

there is no ability to amend the proposed design to make it compliant.


Pty Ltd Page 8


Planners Comment

Whilst the opinion of Councils heritage planner is respected, it is noted that the existing balcony

is 1.2m in depth and a small addition to this balcony will not dominate the rear service wing of

the building. As such it is compliant with Clause 5.10 of the NSLEP 2013. In this regard a

condition has been recommended that requires the extension to be reduced so that the balcony is

only increased by 800mm in depth providing a balcony with a depth of 2m. (See Condition

C1)This width will allow practical use of the balcony whilst at the same time ensuring that it

does not dominate the rear facade of the existing building.

It is noted that NSDCP is a policy document that may be varied in site specific circumstances. In

this regard, the weight to be given to a DCP should provide a “sensible planning outcome”. In

this regard, a sensible planning outcome would be achieved by allowing practical use of the

existing balcony (refer Planning Circular PS 13-003 dated 18/3/13).

During the site inspect, it was noted that there are precedents in the immediate locality (existing

balconies) that present unsympathetically with the dwelling of which they form a part. Contrary

to this, the balcony for the subject would be constructed in appropriate materials and appear to

have been designed so as not to dominate the built form. With the condition relating to depth, the

balcony will not be „overscaled‟ but will rather improve amenity for the building occupants,

without any material heritage impacts.

It is noted that the heritage planner refers to a condition of consent imposed by Council with

regards to a previous application for the property (DA 119/09/2) that has been breached by the

property owner/s. In Jonah v Pittwater Council [2006] NSWLEC 99, it was held that past

unlawfulness, is not an issue relevant to assessment of a development application as indicated

below from the previously mentioned judgment:

“In undertaking the merit determination of whether to grant or modify a development

consent, it is irrelevant to enquire as to who is the current owner/operator, or who might

be the future owner/operator, or whether the present owner/operator has in the past

acted or used the land unlawfully, or whether the future owner/operator is likely in the

future to act or carry out any approved use unlawfully.”

SUBMISSIONS

DA 16/16 was notified to adjoining properties and the Bradfield Precinct inviting comment on

the proposal between 12 February to 26 February 2016. One (1) submission was received in

support of the proposal.

Basis of Submission

The submitter is in support of the development application and feels it will have no impact

on the surrounding areas.

CONSIDERATION

The relevant matters for consideration under Section 79C of the Environmental Planning and


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Assessment Act 1979, are assessed under the following headings:

SREP (Sydney Harbour Catchment) 2005

Having regard to the SREP (Sydney Harbour Catchment) 2005 and the Sydney Harbour

Foreshores and Waterways Area DCP 2005, the proposed development will be partially visible

from the harbour. However, the impact of the development upon the harbour is not considered to

be detrimental and will not unduly impose upon the character of the foreshore. As such, the

development satisfies the provisions contained within the SREP 2005 and the DCP.

SEPP 55 Remediation of Land

The provisions of SEPP 55 require Council to consider the likelihood of land contamination and

any remediation necessary to rehabilitate the site. Council‟s records indicate that the site has

been used for residential development for a long period of time and as such unlikely to contain

any contamination; therefore in our opinion, the requirements of SEPP 55 have been

satisfactorily addressed.

NORTH SYDNEY LEP 2013

1. Permissibility within the zone:

The site is zoned R3 Medium Density Residential under the North Sydney LEP 2013.

Development for the purpose of alterations and additions to an existing dwelling are permissible

within the zone, with development consent from Council.

2. R3 Residential Zone Objectives

The objectives of the R3 Medium Density Residential zone are as follows:

To provide for the housing needs of the community within a medium density residential

environment.

To provide a variety of housing types within a medium density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs

of residents.

To encourage the development of sites for medium density housing if such development

does not compromise the amenity of the surround area or the natural or cultural heritage

of the area.

To provide for a suitable visual transition between high density residential areas and

lower density residential area.

To ensure that a high level of residential amenity is achieve[d] and maintained.


Pty Ltd Page 10


The development is considered to maintain the lower scale of the residential neighbourhood. The

proposal will continue to provide for the housing needs of the community. The objective of

providing medium density housing is not relevant having regard to the cultural heritage of the

area. The development will maintain the heritage significance of the dwelling (refer to planners

comment under Heritage). The proposal will provide for a higher level of amenity for occupants.

The development will generally achieve the objectives of the zone, where such objectives are

relevant to the proposal.

3. Height of Buildings

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 131.96m² Existing Proposed Control Complies

Clause 4.3 – Heights of

Building 11.4m 11.4m 5.5m No

Under the provision of Clause 4.3(2), the maximum height of a building permitted on the subject

site is 5.5m. The development will breach the building height standard for the site. The breaches

are exacerbated by the proposed alterations to the approved roof terrace.

The applicant has provided a written statement as required to Clause 4.6 in NSLEP 2013 request

seeking to justify the variation to the building height control. The non-compliance with the

control has been assessed in accordance with the requirements of Clause 4.6(3), the objectives of

the controls and the R3 Medium Density Residential zone. These matters have been considered

below:

a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient,

The development is considered to respond appropriately to the characteristics of the

existing natural environment notwithstanding that the building was erected at a time when

the controls had not been promulgated. The extended terrace is located at the rear of the

dwelling and there is no change proposed to the natural gradient or landforms, as regards

the site. The proposal is considered to be satisfactory in this regard.

b) to promote the retention and, if appropriate, sharing of existing views,

As previously discussed within this report, the development will preserve the amenity of

surrounding dwellings in terms of view sharing.


Pty Ltd Page 11


Figure 4: View from the existing balcony to

the south.

Figure 5: View from the existing balcony to

the north.

c) to maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access for future development,

From the shadow diagrams provided by the applicant, the proposed development is

unlikely to impact solar access to existing surrounding dwellings.

d) to maintain privacy for residents of existing dwellings and to promote privacy for

residents of new buildings,

The non-complying elements of the proposed development are unlikely to materially or

significantly affect privacy in respect of adjoining properties. Conditions of consent are

recommended to help mitigate any residual potential overlooking of adjoining residences.

e) to ensure compatibility between development, particularly at zone boundaries,

The proposed building height is generally compatible with surrounding developments that

are similarly zoned and are of similar character. The proposal is considered amenable

with surrounding development in terms of building height.

f) to encourage an appropriate scale and density of development that is in accordance

with, and promotes the character of, an area.

The development is considered to be minor and expected to have limited impact in terms

of the scale and density of the locality and is generally consistent with the surrounding

built form. The proposal will not alter the character of this area.

The proposal has been assessed against the objectives of Clause 4.3(1) and is considered to

achieve the objectives of the control in this case. Compliance with the maximum building height

control is unreasonable and unnecessary in the present circumstances. The written justification as

submitted by the applicant seeking variation to Clause 4.3(2) in the NSLEP 2013 is supported.


Pty Ltd Page 12


In this case, subject to adoption of condition C1 in the attached condition set, it is recommended

that the balcony extension be reduced by 800mm to minimise any impacts to adjoining properties

and/or the conservation area whilst still maintaining residential amenity for the occupants of the

subject dwelling. The application is consistent with both the height standard objectives and the

zone objectives, notwithstanding the numerical departure.

4. Heritage Conservation

No. 24 Jeffreys Street is located within the Jeffreys Street Conservation Area under the North

Sydney Local Environmental Plan 2013 and is a contributory item under NSDCP 2013.

The proposed changes to the balcony are relatively minor and not considered to alter the local

character of the precinct as a result of approval. As such, there would be minor impact upon the

heritage conservation area and nearby heritage items within the vicinity of 24 Jeffreys Street,

Kirribilli. As a balcony already exists, this suggests that a minor alteration to dimensions, with

an appropriate selection of materials and finishes, would not alter in a material way, its value as

an item.

Whilst the views of Council‟s Conservation Planner are respected, the proposed balcony

extension with a reduction of 800mm would not cause a material impact upon the conservation

area generally given it location at the rear of the dwelling. The recommended reduction in the

depth of the balcony would help to allay, to some extent, the concerns of Council‟s Conservation

Planner.

North Sydney DCP 2013

The application has been assessed against Part B, Section 1 „Residential Development‟ and 13

„Heritage and Conservation‟ in NSDCP 2013 as detailed in the table below:

NSDCP 2013 Compliance Table

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

Complies Comments

1.2 Social Amenity

Maintaining Residential

Accommodation

Yes The development does not result in the loss of

residential accommodation.

1.3 Environmental Criteria

Topography Yes The proposal involves no excavation or change of

existing ground level.

Bushland N/A The subject site does not adjoin a bushland reserve

Bush Fire Prone Land N/A The subject side it not located in bushfire prone

land

Foreshore Frontage N/A The subject site does not have a frontage to the

foreshore.

Views Yes The development will not obstruct views from

streets and public places and private residences.


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Solar Access Yes The applicant has provided shadow diagrams in

support of the application. The shadow diagrams

provided do not show unreasonable shadow

impacts for neighboring residences. Regardless, the

shadow implications are negligible and the

proposal will not overshadow adjoining dwellings

to the extent that these would be inconsistent with

Clause 1.3.7 of NSDCP.

Acoustic Privacy Yes The increased balcony size is likely to result in use

of the balcony by a larger number of people and

therefore generate increased noise when it is in use.

Nevertheless, the balcony is significantly elevated

above ground level but not within close proximity

to sleeping areas of neighbouring residences nor is

it located off the main living area of the property,

meaning that „every day use‟ of the balcony is

unlikely. The proposed balcony (with a reduction

in depth) is considered acceptable for the above

mentioned reasons.

Visual Privacy Yes The elevated position of the balcony and increased

depth is likely to promote overlooking of the rear

private open space of neighbouring residences.

Consequently, it is recommended that a condition

be imposed to reduce the depth of the balcony to 2

meters and require the applicant to provide a

privacy screen on the northern side of the balcony

in order to limit overlooking into adjoining

properties. With this condition the proposed

balcony is considered to be acceptable and will

have minimal impacts on the visual privacy of

surrounding residences and will be consistent with

Clause 1.3.10 of the NSDCP (see Condition C2).

1.4 Quality built form

Context Yes The development will be consistent with context

of the area and responds appropriately to the

existing opportunities, characteristics and

constraints of the site.

Streetscape Yes There is no proposed change to the streetscape.

Laneways N/A The subject property does not front a laneway.

Siting N/A There is no change to the building orientation.

Setback – Side Yes There is no change to the existing side setback.

The proposed development is considered to be

consistent with Clause 1.4.6 P3 of the NSLEP.

Setback - Rear Yes There is no change to the existing rear setback.

Form Massing Scale No The development is non-compliant with the

building height in Clause 4.3(2) in NSLEP 2013.

However this is considered acceptable and this

non-compliance was addressed in an earlier

section of this report where the non-compliance

was found to be satisfactory in the site

circumstances and consistent with previous

approvals associated with the balcony. The


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proposed development is not considered to

detrimentally affect the character of the subject

terrace and/or the row of terraces within the

conservation area.

Built Form Character No The proposal is not consistent with current

controls, but acceptable in the site context with the

recommended condition of consent.

Dwelling Entry N/A There is no proposed change to the dwelling entry.

Roofs N/A There is no proposed change to the existing roof

form.

Colours and Materials Yes Appropriate conditions are recommended

regarding materials and colours, and the

compatibility with the architectural style of the

building and the heritage significance. (See

condition C8)

Front Fences N/A There is no proposed change to the existing front

fence

1.5 Quality Urban Environment

High Quality Residential

Accommodation

Yes The proposal is consistent with the provisions of

Section B Clause 1.5.1 of NSDCP 2013.

Safety and Security Yes The development will maintain a high level of

person safety and security for the residents of the

dwelling.

Vehicle Access and Parking Yes The development does not provide any on-site

parking. It is considered to be satisfactory in this

regard.

Site Coverage N/A There is no proposed change to the existing site

cover or unbuilt upon area.

Landscape Area N/A There is no proposed change to the landscaped

area.

Landscaping N/A There is no proposed change to the existing

landscaping.

Private and Communal Open Space Yes The proposed development will increase the

usable private open space located toward the rear

of the property. In addition, the increase in the

depth of the balcony is likely to increase the

usability of the private open space for the

occupants of the dwelling that is accessed off the

attic studio.

Site Facilities N/A There is no proposed change to the site facilities.

The existing site facilities are considered

sufficient.

Section 8: Kirribilli Planning Area (8.5 Jeffreys Street Conservation Area)

Consideration has been given to Part C of the NSDCP 2013 and in particular Section 8 of the

Character Statement for the Kirribilli Planning Area and Section 8.5 for the Jeffreys Street

Conservation area. The proposal is likely to result in a small increase in the bulk and scale of the

dwelling house at the rear. However, the balcony will not be highly visible from the public

domain and the increased bulk and scale will be minimal when viewed from neighbouring

residences. Generally, the proposal is in keeping with the built form for development in the

neighbourhood.


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It is also noted that 41 Pitt Street and 18 Jeffreys Street both display elevated balconies to the

rear. A site inspection revealed that the existing balcony at 41 Pitt Street is constructed with

glazed balustrades and is within the view catchment of the subject site. Further research shows

that approval was granted for its construction in 2001 under DA410/2001. At the time, the

property was a regional heritage item but was not within a conservation area and was assessed

under North Sydney LEP 1989 and DCP No. 1 1991 where there were no restrictions stated for

glazed balconies.

Figure 6: View of the approved glazed balcony at 41 Pitt Street from the subject site.

The proposed development is generally consistent with the Jeffreys Street Conservation area

character statement.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

All likely impacts of the proposed development have been considered within the context of this

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision N/A

5. Traffic generation and Carparking provision Yes


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6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979

SUBMITTORS CONCERNS

The subject application was notified to adjoining property owners and the Bradfield Precinct

between 12 February 2016 and 26 February 2016. One (1) submission was received in respect of

the application. The submitter was in support of the application and raised no „critical‟ issues as

regards the development.

CONCLUSION

The development application has been assessed against the North Sydney Local Environmental

Plan 2013 and the North Sydney Development Control Plan 2013 and generally found to be

satisfactory.

The proposed balcony extension is acceptable with the imposition of appropriate conditions

regarding the size of the balcony and the addition of a privacy screen. The balcony is off a studio

which was approved under DA119/09 and is not considered to be a „main living space‟ and

therefore everyday use of the balcony will be somewhat limited. None the less the balcony will be

usable for small groups for outdoor recreation. The increased size of the balcony is considered to

be reasonable and if approved will allow the provision of a small table and chairs.

Nevertheless, a condition has been recommended (see condition C1) to limit the depth of the

balcony to 2000mm and therefore limit privacy impacts for Nos. 45 & 43 Pitt Street, as well as to

maintain the traditional proportions of the building. A further condition is recommended (see

condition C2) for the construction of a privacy screen to a maximum height of 1500mm along

the northern elevation of the enlarged balcony and for its full length. The privacy screen with

limit privacy impacts to neighbouring residents at No 26 Jeffreys Street Kirribilli.

RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

A. THAT North Sydney Independent Planning Panel, as the consent authority, assume the

concurrence of the Director General of the Department of Planning and invoke the

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

building height, and grant consent to Development Application No. 16/16 for alterations

and additions to the existing dwelling house involving the extension of an existing

balcony at No.24 Jeffreys Street, Kirribilli subject to the attached standard conditions and


Pty Ltd Page 17


following site specific conditions:-

Balcony Depth

C1 The studio balcony must be limited to a maximum total depth of 2000mm as

shown in red on the approved plan.

The Certifying Authority issuing the Construction Certificate must ensure that the

building plans and specifications provided by the Applicant satisfy the

requirements of this condition.

(Reason: To retain the traditional form, proportions and materials of the

dwelling and limit privacy impacts)

Privacy Screen

C2. A privacy screen must be constructed on the northern elevation of the proposed

balcony at a height of 1500mm above the floor level of the existing balcony

extending for the full depth of the balcony (2000mm) as shown in red on the

approved plans.

The Certifying Authority issuing the Construction Certificate must ensure that the

building plans and specifications provided by the Applicant satisfy the

requirements of this condition.

(Reason: Minimise privacy impacts of the future occupants of No 26 Jeffreys

Street)

Hayley Marks and Pierre Le Bas Robyn Pearson

ASSESSMENT OFFICERS TEAM LEADER

Stephen Beattie

MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

24 JEFFREYS STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 16/16

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Title Drawn by Received

967.1 Site & locality plan Linklater Associates P/L 1/2/16 967.2 Existing floor plans Linklater Associates P/L 1/2/16 967.3 Floor plan – attic level Linklater Associates P/L 1/2/16 967.4 Eastern and Western elevation Linklater Associates P/L 1/2/16 967.5 Northern elevation Linklater Associates P/L 1/2/16 967.6 Southern elevation Linklater Associates P/L 1/2/16

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

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

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

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

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

ATTACHMENT TO IPP05 - 06/04/16 Page 18

24 JEFFREYS STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO.16/16 Page 2 of 16

September 2013 v1

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

documented on the approved plans.

(Reason: To ensure compliance with the approved development) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Balcony Depth C1 The studio balcony must be limited to a maximum depth of 2000mm as shown

in red on the approved plan. The Certifying Authority issuing the Construction Certificate must ensure that

the building plans and specifications provided by the Applicant satisfy the requirements of this condition.

(Reason: To retain the traditional form, proportions and materials of the

dwelling and limit privacy impacts) Privacy Screen

C2. A privacy screen must be constructed on the northern elevation of the proposed balcony at a height of 1500mm above the floor level of the existing balcony extending for the full depth of the balcony (2000mm) as shown in red on the approved plans.

The Certifying Authority issuing the Construction Certificate must ensure that

the building plans and specifications provided by the Applicant satisfy the requirements of this condition.

(Reason: Minimise privacy impacts of the future occupants of No 26

Jeffreys Street) Dilapidation Report Damage to Public Infrastructure C3 A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.



September 2013 v1

The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction) Dilapidation Survey Private Property (Neighbouring Buildings) C4 A photographic survey and dilapidation report of adjoining properties No. 22 Jeffreys

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

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

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

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

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

(Reason: Proper management of records)



September 2013 v1

Structural Adequacy (Semi Detached and Terrace Buildings) C5 A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining property No. 22 Jeffreys Street, which certifies its ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

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

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

properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C6 A report prepared by an appropriately qualified and practising structural engineer,

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

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

Waste Management Plan C7 A Waste Management Plan is to be submitted for approval by the Certifying Authority

prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

a) The estimated volume of waste and method of disposal for the construction

and operation phases of the development; b) The design of the on-site waste storage and recycling area; and c) Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building



September 2013 v1

waste) Colours, Finishes and Materials (Conservation Areas) C8 The finishes, materials and exterior colours shall be complementary to the

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

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

complementary to the Conservation Area.) Stormwater Disposal C9 Stormwater runoff generated by the approved development must be conveyed by

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

(Reason: To ensure appropriate provision for disposal and stormwater

management arising from the development) Asbestos Material Survey C10 A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following: a) the removal of asbestos must be undertaken by a WorkCover licensed

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

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

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS



September 2013 v1

REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

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

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

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

D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Asbestos Material Survey

D2. Prior to the commencement of any works, a report must be prepared by a suitably

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

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

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



September 2013 v1

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

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

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

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

(Reason: To ensure the long term health of workers on site and occupants of the

building is not put at risk unnecessarily) Commencement of Works Notice

D3. Building work, demolition or excavation in accordance with this development consent

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

(Reason: To ensure appropriate safeguarding measures are in place prior to the

commencement of any building work, demolition or excavation) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

(Reason: To ensure adequate provision is made for builders’ waste) Parking Restrictions

E2. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not

compromised during works)



September 2013 v1

Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council.. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

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

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

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

Dust Emission and Air Quality E5. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

(Reason: To ensure residential amenity is maintained in the immediate vicinity)



September 2013 v1

Noise and Vibration E6. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E7. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas.

(Reason: To ensure the proper management of public land and funds) Special Permits E8. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must occur entirely on the property. The developer, owner or builder may apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property. In the event that a permit is granted by Council for the carrying out of works, processes, storage of materials, loading and unloading associated with the development on Council's property, the development must be carried out in accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -

1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)



September 2013 v1

2) Hoardings

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


3) Storage of building materials and building waste containers (skips) on

Council’s property

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


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.


Construction Hours E9. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.

Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition works” means any physical activity to tear down or break up a

structure (or part thereof) or surface, or the like, and includes the loading of



September 2013 v1

demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community) Site Amenities and Facilities E10. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements, must be provided and maintained at all times. The type of work place determines the type of amenities required.

Further information and details can be obtained from the Internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Health and Safety E11. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Prohibition on Use of Pavements E12. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to



September 2013 v1

this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land) Plant & Equipment Kept Within Site E13. All plant and equipment used in the undertaking of the development/ works, including

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

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

Waste Disposal E14. All records demonstrating the lawful disposal of waste must be retained and kept

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

Asbestos Removal E15. All demolition works involving the removal and disposal of asbestos cement must

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

WorkCover requirements) F. Prescribed Conditions imposed under EP&A Act and Regulations and other

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

Building Code of Australia.

(Reason: Prescribed - Statutory)


http://www.northsydney.nsw.gov.au/�


September 2013 v1

Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

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

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

appointed:

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

6 of that Act, or

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

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

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

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

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

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

(Reason: Prescribed - Statutory)

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

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

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

prior to the commencement of any building work, demolition or



September 2013 v1

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

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


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

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

building (new building

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

(Reason: Statutory) Commencement of Works F6. Building work, demolition or excavation in accordance with this development consent

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


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

Demolition F7. Demolition work must be undertaken in accordance with the provisions of AS2601-

Demolition of Structures.

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

Site Sign F8. 1) A sign must be erected in a prominent position on the site



September 2013 v1

a) stating that unauthorised entry to the work site is prohibited; b) showing the name of the principal contractor (or person in charge of

the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

c) showing the name, address and telephone number of the Principal Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work

is being carried out, but must be removed when the work has been completed.

(Reason: Prescribed - Statutory) G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development: a. in the road reserve must be fully completed; and b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)

Damage to Adjoining Properties G2. All precautions must be taken to prevent any damage likely to be sustained to

adjoining properties. Adjoining owner property rights and the need for owner’s permission must be observed at all times, including the entering onto land for the purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected) Asbestos Clearance Certificate G3. For building works where asbestos based products have been removed or altered, an

asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work prior to the issue of any Occupation Certificate, the asbestos clearance certificate must certify the following: -



September 2013 v1

a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the certificate must identify the type, location, use, condition and amount of such material. Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au (Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants) Compliance with Certain conditions G4. Prior to the issue of any Occupation Certificate, condition C1 – Balcony Width and

C2 – Privacy Screen must be certified as having been implemented on site and complied with.

(Reason: To ensure the development is completed in accordance with the

requirements of this consent)


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