item - reports...2016, with a recommendation for refusal, but was deferred for further information....

Item ____IPP03_______ - REPORTS -______05/10/2016_________

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 05/10/2016

Attachments:

1. Site Plan

2. Architectural Plans

3. Traffix Report

ADDRESS/WARD: 193 Ernest Street, Cammeray (TU)

APPLICATION NO: DA 82/16

PROPOSAL: Construction of a new open car space at the front of an existing

semi-detached dwelling.

PLANS REF:

Plan No. Rev. Dated Title Drawn by Received

A001 B 30/05/16 Proposed Site/Roof Plan 4d Architecture & Design 5 August 2016

A002 B 30/05/16 Proposed Ground Floor

Yard Plan

4d Architecture & Design 5 August 2016

A010 B 30/05/16 Proposed North Elevation 4d Architecture & Design 5 August 2016 A011 B 30/05/16 Proposed North

Streetscape Elevation


OWNER: Shonna and Trent Lawrence

APPLICANT: Shonna Lawrence

AUTHOR: Judith Elijah, Student Town Planner

DATE OF REPORT: 5 August 2016

DATE LODGED: 17 March 2016

RECOMMENDATION: Defferred Commencement Approval.

Report of Judith Elijah, Student Assessment Officer

Re: 193 Ernest Street, Cammeray

EXECUTIVE SUMMARY

This development application seeks NSIPP approval for the construction of a new open car space

at the front of an existing semi-detached dwelling on land at No. 193 Ernest Street, Cammeray.

The application is reported to NSIPP due to public and Councillor interest.

Council’s notification of the proposal attracted one (1) submission with concerns regarding

public safety.

Council’s Development Engineer raised concerns about public safety as the proposed car space is

non-compliant with AS 2890.1 for Parking Facilities – Offstreet Parking for a B-85 vehicle and

the safety of motorists entering Ernest Street from the car space.

Consequently, the application was referred to Council’s Traffic Committee meeting on 29 April

2016, with a recommendation for refusal, but was deferred for further information.

The applicant submitted a Traffic Report from Traffix, dated 1 June 2016 and amended plans on

2 June 2016. The application was once again referred to the Traffic Committee meeting where it

was once again recommended for refusal by Council’s Manager for Traffic and Transport.

However, the proposal was unanimously endorsed by the committee and supported by a

representative from NSW Police.

A development determination is not bound by the outcome of the Traffic Committee. Indeed, it

must be stated that popular small cars such as the Holden Cruize (4.6m) will not fit into the car

space, and a Toyota Corolla at 4.33m will just fit into the 4.45m space as proposed by the

applicant. The owner’s choice of vehicle will thus be limited to compact cars, for example,

Toyota Yaris (3.9m - 4.3m) and Holden Barina (4.039m – 4.399m) to name but two. Any

vehicles which overhang the footpath could be fined for obstruction. Consequently, a condition

of consent is recommended to prevent cars from encroaching into Council’s Road Reserve.

Therefore, it is recommended that a deferred commencement approval be granted subject to

the site specific condition that a covenant must be placed on the property to limit parking within

the car space to B-35 vehicles only, as well as standard conditions of consent.

Re: 193 Ernest Street, Cammeray -DA82116

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Property/Applicant O Submittors - Properties Notified



DESCRIPTION OF PROPOSAL

The applicant is seeking development consent for the construction of a single, open car space

within the front setback, including alterations to the front façade of the semi-detached dwelling,

the demolition of the existing front fence and paving works.

Figures 1 and 2: Existing and proposed works to the front setback of the subject site.



Figures 3 and 4: Existing and proposed works to the streetscape elevation.

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – Medium Density Residential (R3)

Item of Heritage – No

In Vicinity of Item of Heritage – No

Conservation Area –No

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 site is situated within an R3 - Medium Density Residential zone and is known as No. 193

Ernest Street, Cammeray. The site has a total area of 192.9m2 and supports a semi-detached

dwelling on a narrow, elongated allotment. The site has a gentle slope to the rear and there is

currently no on-site car parking.

Figure 5: Aerial view of the subject site and surrounding development.

(Source: Nearmap, accessed 4/08/2016)

The semi-detached dwelling is not a heritage item and is not located within a conservation area.

Ernest Street is identified as a regional road (Unclassified – Council Owned) and is in close

proximity to Warringah Freeway, a classified road, and is across from the new ANZAC Public

School. Surrounding development consists of semi-detached dwellings and residential flat

buildings. There are currently two (2) driveways previously approved in the vicinity of the

subject site located at No’s. 199 and 201 Ernest Street.

SUBJECT

SITE

ANZAC PARK

WARRINGAH

FREEWAY

REGIONAL

ROAD

ANZAC SCHOOL



Figure 6: Council’s Land Zoning Map.

RELEVANT HISTORY

Relevant to the discussion about parking the following applications are noted pertaining to the

approval parking to the existing parking spaces in front of 201 and 199 Ernest Street, Cammeray.

201 Ernest Street, Cammeray

Development Application DA32/2001 was lodged on 21 July 2000 for alteration and additions to

the dwelling and new parking space to the front setback area. The matter was first reported to

Council on 5 March 2001 with a recommendation for refusal however pursuant to the resolution

of Council the matter was re reported back to the meeting of the 2 April 2001 where the elected

Council granted authority to approve the development under delegated authority to the General

Manager. Consent was issued by Council on 2 May 2001.

199 Ernest Street, Cammeray

Building Application 68/435 was reported to the Council on 3 December 1968 however was

deferred to the Work Inspection Committee on the 11 December 1968. At the Works Inspection

committee meeting, the building application was refused. The application was resubmitted and

the refusal was reconfirmed pursuant to Council resolution on the 4 March 1969.

An appeal was lodged by the applicant to the Cumberland, Newcastle and Wollongong Board of

Appeal which operated under the Department of Local Government on 28 April 1969. The matter

was heard by the Board on 28 August 1969 and the Board awarded the appeal to the applicant.

Instruction to that effect was issued by the board on 17 September 1969.

No. 203 Ernest Street ( An item on this NSIPP Agenda)

Council is also in receipt of Development Application DA66/16 for alterations and additions to

the rear of an existing dwelling as well as a car space within the front setback at No. 203 Ernest

Street, Cammeray. Relevant to the considerations in this report is also the car space within the

front setback that is non-compliant with AS 2890.1 for Parking Facilities – Offstreet Parking for

a B-85 vehicle standard.



Previous Applications Relating to the Subject Site

Development Application No. DA451/15 was lodged with Council on 8 December 2015

proposing an open car space within the front setback of the subject site. The application was

rejected under the provisions of clause 51 of the Environmental Planning and Assessment

Regulation as the plans submitted were not clear regarding the details of the development.

Furthermore, it is noted that the applicant was informed by Council’s Planning Advisors on

numerous occasions that a car space would not be supported in that locality and of the proposed

size as it is non-compliant with AS 2890.1 for Parking Facilities – Offstreet Parking; or suitable

for B-85 standard vehicles.

Current Application

17 March 2016 The subject application (DA82/16) was lodged with Council on 17

March 2016 for the construction of a new open car space within the front

setback of the subject site.

19 March 2016 The application was referred to Council’s Development Engineer who

objected to the proposal as the proposed car space is non-compliant with

AS 2890.1 for Parking Facilities – Offstreet Parking for a B-85 vehicle

standard. Council’s Development Engineer recommended that the

application be referred to Council’s Traffic Committee.

1 April 2016 The application was notified to adjoining properties and the Registry

Precinct inviting comment between 1 April and 15 April 2016. One (1)

submission was received with concerns regarding safety.

4 April 2016 A site meeting with the property owner was held with the assessing

officer – Judith Elijah and Team Leader (Assessments) – Robyn Pearson

on 4 April 2016.

29 April 2016 The application was referred to the Traffic Committee with the

recommendation for refusal by Council’s Manager for Traffic &

Transport Operation – Michaela Kemp. At the meeting, the Traffic

Committee decided to defer the item until the applicant submitted further

information from their Traffic Consultant.

2 June 2016 The applicant submitted a Traffic Report from Traffix, dated 1 June 2016

as well as amended plans.

22 July 2016 The application was presented to the Traffic Committee where it was

recommended for refusal by Council’s Manager for Traffic and

Transport. However, the proposal was endorsed by the Traffic

Committee and supported by a representative from NSW Police.



SUBMISSIONS

The application was notified to adjoining properties and the Registry Precinct inviting comment

between 1 April and 15 April 2016. One (1) submission was received and is summarised below:

Basis of Submissions

Safety

Disruption to traffic

Encroachment of vehicles onto the footpath

Amended Plans

On 2 June 2016 Council received amended plans to incorporate recommendations contained

within the Traffic Report by Traffix, dated 1 June 2016. The revised plans were not re-notified

because the impacts of the proposed works would be similar for the adjoining properties and/or

the streetscape which is permitted under section 4 in NSDCP 2013.

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.

Engineering

As previously stated, the application was referred to Council’s Development Engineer who

strongly objected to the proposal as the proposed car space is non-compliant with AS 2890.1 for

Parking Facilities – Offstreet Parking for a B-85 vehicle standard. Council’s Development

Engineer recommended that the application be referred to Council’s Traffic Committee.

Following the endorsement of the proposal by the Traffic Committee, Council’s Engineer

requested that the following conditions be applied to the application including AA1, C7, C8, C9,

C10, D1 E2, E3, E4, E5, E6, E10, E18, G1, G2 and G5.

Traffic Committee

Council’s Manager for Traffic and Transport reported the application to the Traffic Committee

Meeting held on 29 April 2016.

At the Traffic Committee meeting on 29 April 2016 it was recommended:

1. THAT Council defer the item until the applicant has received information from

their Traffic Consultant and submitted it to Council regarding the proposed

driveway at 193 Ernest Street.



2. THAT the applicant addresses the concerns raised in the report regarding the

proposed driveway at 193 Ernest Street.

3. THAT the DA and conditions approved by Council Planners in similar

circumstances be presented to the next Traffic Committee regarding the proposed

driveway at 193 Ernest Street.

Planner’s Comment:

The applicant then submitted a report prepared by traffic and transport planners, Traffix, dated 1

June 2016. Additional research was conducted by the Assessing Officer on the previous approval

of similar driveways on Ernest Street and this information was presented to Council’s Manager

for Traffic and Transport.

Further to this, the item was presented once again to the Traffic Committee meeting held on

22 July 2016, where Council’s Manager for Traffic and Transport recommended refusal as

follows:

1. THAT the Traffic Committee does not support the application for off-street

parking at 193 Ernest Street, Cammeray due to the length of the car space not

meeting minimum Australian Standard requirements, sub-optimal visibility to

pedestrians from the internal driveway and non-standard design of the external

driveway splays and layback.

Despite the above recommendation, members of the Traffic Committee unanimously supported

the application including a representative of the NSW Police with the following resolution:

1. THAT the Traffic Committee endorses the application for off street parking at

193 Ernest Street subject to the condition that a covenant be placed on the

property title: That the off-street parking space is only suitable for a vehicle 4.45

metres or less in length and the space is considered an off-street parking space

for the purposes of Council’s Resident Parking Scheme.

A development determination is not bound by the outcome of the Traffic Committee. Indeed, it

must be stated that popular small cars such as the Holden Cruize (4.6m) will not fit and Toyota

Corolla at 4.33m will just fit into the 4.45m space that is to be provided. The owner’s choice of

vehicle will thus be limited to compact cars, for example, Toyota Yaris (3.9m - 4.3m) and Holden

Barina (4.039m – 4.399m) to name but two. Vehicles which overhang the footpath could be

fined for obstruction (see condition AA1 and I1).

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:



SREP (Sydney Harbour Catchment) 2005

Matters for consideration include biodiversity, ecology and environmental protection, public

access to and scenic qualities of foreshores and waterways, maintenance of views, control of boat

facilities and maintenance of a working harbour. The proposal is not in close proximity to or

within views of Sydney Harbour. As such, the development satisfies the provisions within SREP

(Sydney Harbour Catchment) 2005 because there would be no impact upon water quality, marine

life and/or aquatic vegetation.

SEPP 55 – Remediation of Land

Under the above SEPP, Council is required to consider the likelihood of land contamination at

the site. In this respect, it is noted that the site has had a long history of residential use and there

is no know source of contamination so it is considered unnecessary to carry out any further

investigations in this respect.

NORTH SYDNEY LEP 2013

Part 2 - Permissibility

The subject application involves alterations and additions to the existing semi-detached dwelling

that is a permissible form of development in a medium density residential zone – R3.

Objectives of the Zone

The objectives of the zone are stated below:

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 surrounding 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 areas.

To ensure that a high level of residential amenity is achieved and maintained.

The proposed carport would enhance the level of residential amenity for the occupants of the

dwelling, given the shortage of on-street parking in the locality.

The proposal is not anticipated to compromise the amenity of the surrounding area as the

proposed car space would be open thereby allowing views of the characteristic dwelling.

The subject site is not a heritage item and is not in a conservation area. Therefore, the proposal is

considered likely to achieve the planning objectives for an R3 - Medium Density Residential

Zone, subject to conditions of consent.



Clause 4.3 Height of Buildings

STATUTORY CONTROL – North Sydney Local Environmental Plan 2013

Proposed Control Complies

Building Height (Cl. 4.3) (max) 3.3m

(alterations to the front façade of the dwelling) 8.5m YES

The new building works have a maximum height of 3.3m which complies with the permissible

height limit of 8.5m pursuant to clause 4.3 in NSLEP 2013.

Clause 5.10 – Heritage Conservation

The subject site is not identified as a heritage item and is not within a conservation area.

Clause 6.10 – Earthworks

No earthworks are proposed as a result of the development.

NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013

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

Complies Comments

1.2 Social Amenity

Population Mix

Maintaining Residential

Accommodation

Yes

The proposal would not change the population mix and the

level of residential accommodation available within the

locality.

Affordable Housing

Housing for

Seniors/Persons with

disability

Yes

The proposed development would not affect the supply of

affordable housing and housing for seniors or people with

disabilities.

1.3 Environmental Criteria

Topography

Yes

The site has a gentle slope to the front boundary towards

Ernest Street. The proposed open car parking space within the

front setback would have no impact upon the topography of the

site as no excavation works are required. Therefore, the

proposal would maintain the site’s natural landform and is

considered satisfactory in this regard.

Proximity to Bushland N/A

The subject site is not identified as being in the vicinity of

bushland.

Foreshore Frontage N/A The property is not situated within the harbour foreshore.

Views

Yes

The proposal would not result in view loss for any of the

adjoining properties as the proposed car space within the front

setback would remain open. Furthermore, the proposed

alterations to the front façade of the existing semi-detached

dwelling are considered to be minor and would not increase the

scale of the existing development on site and would be

contained within the existing ridge height of the dwelling. The

demolition of the existing high, front fence would allow views

to the characteristic façade of the dwelling to the Ernest Street



streetscape. Therefore, the proposal is considered to be

satisfactory in the site context that is complementary to the

existing character of the locality.

Solar Access

Yes

The proposal would have no impact upon solar access for

adjoining properties as the proposed car space within the front

setback would be open. Furthermore, the minor alterations to

the front façade of the semi-detached dwelling would not

increase the scale of the existing development on the site and is

considered to be satisfactory.

Acoustic Privacy

Yes

Acoustic privacy would be maintained for the residents on the

subject site and adjoining properties. The demolition of the

existing front fence would allow noise generated from Ernest

Street to impact upon the subject site however, the existing

development has double glazed windows to reduce acoustic

impacts. Therefore, as the proposal is for an open car space

and associated works only, it is considered that the proposal

would not generate any additional unacceptable levels of noise.

Visual Privacy

Yes

Visual privacy would be maintained as the open car space

within the front setback that would not have the potential for

any additional overlooking into adjoining properties.

1.4 Quality built form

Context

Yes

The proposed open car space and associated works would

maintain the existing site layout. Current on-site car parking in

the vicinity can be seen at No’s. 199 and 201 Ernest Street.

Given the predicted increase in use of Ernest Street due to the

opening of the ANZAC Public School adjacent to the subject

site, it is considered appropriate to accommodate one (1) on-

site car park for residents on the site, given that there is no on-

street parking in that part of Ernest Street.

Figure 6: Property at No. 199 Ernest Street with a similar

driveway to the proposal, approved on 7 June 1988.



Figure 7: Property at No. 201 Ernest Street with a similar

driveway to the proposal, approved on 2 May 2001.

Figure 8: Location of the new ANZAC Public School as

viewed from the front of the subject site.

Despite the entire front setback being paved with the provision

of an open car space, the demolition of the front fence would

allow for views from the Ernest Street streetscape to the semi-

detached characteristic dwelling on the property. Therefore, the

proposal is considered to be acceptable in the site context.

Subdivision Pattern N/A

The proposal would not change the subdivision pattern of the

subject site and the locality.

Streetscape

Yes

The proposal is unlikely to cause any significant loss and/or

damage to public infrastructure other than for a new driveway

crossing. The proposed open car space and alterations to the

front façade of the dwelling are considered to enhance the

streetscape presentation of the semi-detached dwelling by

proposing the demolition of the existing high, front fence.

Therefore, the proposal is considered satisfactory in this

regard.

Siting

Yes

The proposal would not alter the siting of the existing semi-

detached dwelling on the land and it is considered that there is

no other suitable location to provide an open car space within

the front setback of the subject site. There are no likely

amenity impacts for surrounding properties resulting from the

proposed development, therefore the proposal is considered to

maintain an appropriate siting.

The characteristic

pattern of setbacks and

Yes

The proposed development would not alter the existing

setbacks of the dwelling on the subject site. The proposed open



building orientation

within the street is

reinforced

With a

condition

car space within the front setback would be similar to those

located at No’s. 199 and 201 Ernest Street and would open

views to the dwelling from the Ernest Street streetscape.

However, given the reduced length of the car space, it is

considered necessary to recommend a condition allowing only

B-35 vehicles to be parked on site in order to prevent vehicles

from encroaching onto Council’s footpath (see condition

AA1). Therefore, the proposal is considered to be satisfactory

and would not result in any major adverse impacts upon the

amenity of surrounding dwellings, subject to conditions.

Form, Massing & Scale

Yes

The proposed open car space within the front setback of the

subject site would improve the existing form and massing of

the built elements upon the streetscape presentation to Ernest

Road. The demolition of the existing high front fence would

provide open views to the dwelling and front setback of the

property. The alterations to the front façade of the semi-

detached dwelling to accommodate the small car space would

be within the existing ridge height of the dwelling and would

not exceed the permissible height limit of 8.5m. Therefore, the

proposal is considered to be satisfactory, subject to conditions

of consent.

Built Form Character

Yes

The proposal would enhance the existing built form character

of the semi-detached dwelling on the subject site with the

proposed demolition of the front fence to accommodate the

open car space within the front setback. This would allow for

views to the existing development on site. Furthermore, the

proposed minor alterations to the front façade of the dwelling

are considered to be complementary to existing development in

the vicinity of the subject site. Therefore, the proposal is

considered to be acceptable in this regard.

Dwelling Entry

N/A

The dwelling entry would not change with the proposal

however, the car space would allow for direct access to the

dwelling from the proposed car space within the front setback.

Therefore, the proposal is considered to enhance residential

amenity for the occupants of the subject site.

Roofs

Yes

The existing roof of the semi-detached dwelling on the subject

site is proposed to be altered to accommodate the small car

parking space within the front setback. The roof is considered

to maintain an appropriate form and pitch that would be

characteristic of the area. Therefore the proposal is considered

to be acceptable.

Colours and Materials Yes

With a

condition

A standard condition is recommended to ensure that the

colours and materials of the proposed works match the existing

character of the locality and semi-detached dwelling on the

subject site (see condition C6).

Front Fences

Yes

The proposal involves the demolition of the existing high, front

fence located on the subject site for the provision of an open

car parking space within the front setback that will allow views

of the characteristic dwelling at the subject site.

Ernest Street is identified as a busy road in provision P6 (b) of

section 1.4.14 in NSDCP 2013 and is a regional road. The

demolition of the existing front fence would have implications

for a reduction of acoustical privacy however, the demolition

of this fence would allow for views of the building and the



front setback area from the Ernest Street streetscape. This

would also allow for passive surveillance of the public domain.

Figure 9: View of the existing front fence at the subject

site.

Therefore, the proposal is considered to enhance the

streetscape and be an appropriate form of development for the

site context, subject to conditions.

1.5 Quality Urban Environment

High Quality Residential

Accommodation Yes

The proposed open car parking space within the front setback

would ensure that high quality accommodation is maintained

for the residents of the subject site.

Safety and Security

Yes

Despite initial safety concerns regarding the proposed works,

the proposal was amended and a Traffic report submitted. The

proposal was referred to the Traffic Committee Meeting on 22

July 2016 where the application was supported by Councillors

and a representative of the NSW Police. Therefore, the

proposal is considered to not technically pose an imminent

threat to pedestrian or motorist safety and is recommended to

be supported by Council, subject to conditions.

Vehicular Access and

Parking

No

Merit

assessment

With a

condition

The proposal increases the provision of on-site car parking to

meet the numerical requirements in NSDCP 2013. Given the

nature of the subject site, it is considered that there is no other

suitable location for on-site car parking other than within the

entirety of the existing front setback.

Despite non-compliance with AS 2890.1 for Parking Facilities

– Offstreet Parking for B-85 vehicles, it is considered

acceptable for a covenant to be placed on the subject site that

restricts the parking of vehicles to B-35 vehicles only (see

condition AA1).

The proposed car parking space would be similar to existing

on-site car parking located at No’s. 199 and 201 Ernest Street

that are in the vicinity of the subject site.

The subject site is not a heritage item and is not in a

conservation area. Therefore, the proposal is considered to be

suitable for the site context.



Therefore, the proposal would improve residential amenity for

the residents of the subject site and is considered to be an

acceptable form of development, subject to conditions.

Site Coverage

Yes

The proposal would not alter the existing site coverage,

landscaped or unbuilt upon areas on the site as the proposed

car parking space would remain uncovered and the existing

front setback of the subject site is already paved. Therefore, the

proposal is considered to be satisfactory in this regard.

Landscape Area Yes See comments above.

Excavation N/A

No excavation works are proposed as the existing front setback

of the subject site is relatively flat.

Landscaping

Front Gardens

Yes

The proposal would result in a front setback that is primarily

paved. The proposal would also open views to the dwelling

and front setback with the proposed demolition of the existing,

solid front fence. The applicant has proposed landscaping

within the front setback to help soften the paved area within

the front setback of the property. Therefore, the proposal is

considered to improve the current conditions on site and is

satisfactory.

Private and Communal

Open Space Yes

The site adequately provides the residents with existing

reasonable outdoor amenity at the rear of the site and is

considered to be satisfactory.

Garbage Storage

Yes

The proposal would allow the residents to appropriately site

the garbage storage area on the property therefore, the proposal

is considered satisfactory.

Site Facilities Yes

The proposal would have no impact upon the existing site

facilities.

1.6 Efficient Use of Resources

Energy Efficiency Yes

It is anticipated that there would be efficient use of resources

on the site.

DCP CHARACTER STATEMENTS - Section 4: Cammeray Planning Area

4.3 ANZAC Neighbourhood

The proposal has also been considered in accordance with Part C concerned with the character

statement for the ANZAC Neighbourhood within the Cammeray Planning Area.

The proposal would promote the desired future character of the neighbourhood with the proposed

demolition of the existing high, solid fence. The provision of a single, uncovered car space within

the front setback of the subject site would enhance views to the dwelling and front garden with a

frontage to a busy road.

Therefore, proposal is considered to be an appropriate form of development and is recommended

to be supported.

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

natural environment Yes

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining

development (Views, privacy, overshadowing, etc.) Yes

8. Site Management Issues Yes

9. All relevant S79C considerations of

Environmental Planning and Assessment (Amendment) Act 1979 Yes

SUBMITTORS CONCERNS

Notification of the application received one (1) submission and the matters raised in the

submission are addressed below:

“The proximity of the dwelling and subsequent parking space to the cross roads of

Miller and Ernest Street traffic lights presents safety concerns. Ernest Street is a very

busy thoroughfare with vehicles regularly passing through at maximum speed.”

Despite initial safety concerns with regards to the proposal, the development was

amended and a Traffic report submitted. The proposal was referred to the Traffic

Committee Meting on 22 July 2016 where the application was supported by Councillors

as well as a representative of the NSW Police. Therefore, the proposal is considered not

to technically pose an imminent threat to pedestrian or motorist safety.

“Ernest Street is a main thoroughfare and is extremely busy at all times of the day that

will be exacerbated by the opening of the new school and particularly at peak times. A

vehicle entering/exiting 193 Ernest St would cause disruption and delay to the flow of

traffic. A vehicle entering or exiting a car space at 193 Ernest Street would cause

significant disruption to the traffic flow and possibly accidents as motorists would not

expect a vehicle to be entering the main road from a property so close to the traffic

lights.”

A review of Council’s Traffic Data Counts revealed that the only data available on traffic

flows along Ernest Street are traffic counts between Sophia and West Streets. The traffic

counts indicated no significant increase or decrease in vehicle counts between 2002 and

2012. This figure remained around 7, 138 westbound vehicles. See below for Traffic

Count Data Map.



Figure 10: Traffic Count Data Map

Furthermore, as previously stated, the proposal was referred to the Traffic Committee on

22 July 2016 where the application was supported by Councillors and NSW Police.

It is anticipated that the opening of the new ANZAC school is likely to result in increased

traffic flow on Ernest Street but more likely travelling east, not west. However, the

proposal would provide for on-site car parking to reduce the dependency on off-street car

parking spaces.

Therefore, the proposal is considered to be satisfactory in this regard because it would

provide off street parking for one (1) vehicle in an area that it is difficult to find on-street

parking, given the parking restrictions on Ernest Street.

“There will be considerable delays/difficulty in exiting the car space particularly at

peak times. This will result in an obstruction to the footpath either delaying

pedestrians or causing them to have to walk round the vehicle as it exits, possibly on

the road. This jeopardizes the safety of all residents and school children frequenting

the area for the benefit of a small number of people.”

“There is a likelihood that any vehicle that is parked in the space will protrude onto the

footpath. Cars encroaching on the footpath present a danger to the safety of

pedestrians.”

Given that the size of the proposed car space is only suitable for a B-35 Vehicle, it is

recommended that Council impose a condition of consent requiring a covenant to be

placed on the title to alert future purchasers of the property to this limitation. This would

be imposed as a deferred commencement condition to restrict the car parking space for

small vehicles only. This is considered to satisfy the concern raised in the submission and

would limit vehicles encroaching onto Council’s footpath so as to cause a danger to the

safety of pedestrians. (See Condition No. I1)

PUBLIC INTEREST

The proposal would improve the amenity of the residents of the subject dwelling and would

provide one (1) off-street car parking space in an area that provides no on-street car parking in

that part of Ernest Street. Therefore, the proposal is considered to be in the public interest.

Traffic count data between Sophia & West Street

SUBJECT SITE

Subject Site



SUITABILITY OF THE SITE

The proposed works involve alterations and additions to an existing semi-detached dwelling,

where semi-detached dwellings are a permissible use in a R3 – Medium Density Residential

Zone. Consequently, the proposal is considered suitable for the site, provided that a condition be

imposed that places a covenant on the subject site limiting parking to B-35 vehicles only to

prevent vehicles from encroaching onto Council’s footpath or cause a disruption for pedestrians

(see condition AA1).

CONCLUSION

Development Application No. 82/16 has been assessed against North Sydney Local

Environmental Plan 2013, North Sydney Development Control Plan 2013 and relevant State

Environmental Planning Policies and was generally found to be acceptable, under the site

circumstances.

Council’s Development Engineer does not support the proposal given its non-compliance with

AS 2890.1 for Parking Facilities – Offstreet Parking for a B-85 vehicle standard however, the

proposal received unanimous support from Council’s Traffic Committee as well as NSW Police.

Hence the recommendation that the car space be used for parking B35 - small vehicles only.

It is considered that the proposal would enhance the streetscape because it would allow views of

the front setback and the characteristic dwelling on the subject site. The proposal would also

promote passive surveillance of the public domain.

Therefore, the proposal is considered to be satisfactory in the site context and is recommended

that deferred commencement consent be granted subject to the imposition site specific and

standard conditions.

Development Services Manager’s Comment

This dwelling is one of a number of relatively intact terraces and cottages. Had they been located

elsewhere, they may well have been within a conservation area. However, the short length of the

parking space proposed and the subsequent hazard to pedestrians is the primary issue here.

A development determination is not bound by the outcome of the Traffic Committee. The short

length of the space to be created, 4.5m, will place constraints on vehicle choice. Vehicles

overhanging the footpath could be fined for obstruction.

A positive covenant on the site as required by deferred commencement condition AA1 should be

imposed if this proposal is supported.



RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

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

Manager as the consent authority, grant deferred commencement consent to Development

Application No. 82/16 involving the construction of a new open car space within the front

setback of an existing semi-detached dwelling at No. 193 Ernest Street, Cammeray, subject to the

attached conditions:

Judith Elijah

STUDENT ASSESSMENT OFFICER

Robyn Pearson Stephen Beattie

TEAM LEADER (ASSESSMENTS) MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

193 ERNEST STREET, CAMMERAY

DEVELOPMENT APPLICATION NO. 82/16

A. Conditions that Identify Approved Plans

DEFERRED COMMENCEMENT CONDITIONS

This consent shall not operate until the following deferred commencement conditions have

been satisfied.

Submission of 88B Instrument pursuant to the Conveyancing Act 1919

AA1. In association with Lot 3 in DP 545295, a section 88B Instrument must be created and

registered on the title, limiting the use of the car space at No. 193 Ernest Street to a

small vehicle.

The use or any other burdens/benefits must be noted as follows:

a) The use of the car space within the front setback must be limited to small

cars only (B-35) with a maximum length of 4.45m and this restriction

must be noted on Lot 3 in DP 545295.

b) Council is not to be indemnified against for accidental death or injuries to

people and/or goods arising from any vehicle encroaching into the Road

Reserve on Ernest Street,

c) The owner of the premises is to posess appropriate public liability

insurance at all times,

d) North Sydney Council should be nominated in the Instrument as the only

party authorised to release, vary or modify the Instrument.

Upon Council being satisfied as to the terms of the Instrument, North Sydney

Council’s official seal will be affixed to these documents, prior to lodgement at the

Land & Property Information Office for registration.

All costs associated with the registration and execution of the 88B instrument and

restriction on the use of the car space must be borne by the Applicant.

Documentation evidence of the restrictions on the title from LPI must be submitted to

Council to allow this consent to become operable.

(Reason: To ensure that small cars (B-35) only use the car space to ensure public

safety)

ATTACHMENT TO IPP03 - 05/10/2016


DEVELOPMENT APPLICATION NO.82/16 Page 2 of 19

September 2013 v1

Upon satisfaction of the deferred commencement condition/s, the following conditions

apply:

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.

Rev. Dated Title Drawn by Received

A001 B 30/05/16 Proposed Site/Roof Plan 4d Architecture & Design 5 August 2016

A002 B 30/05/16 Proposed Ground Floor

Yard Plan


A010 B 30/05/16 Proposed North Elevation 4d Architecture & Design 5 August 2016

A011 B 30/05/16 Proposed North

Streetscape Elevation


(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)

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)




September 2013 v1

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated).

Dilapidation Report Damage to Public Infrastructure

C1. 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.

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)

C2. A photographic survey and dilapidation report of adjoining properties No’s. 191

Ernest Street 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.




September 2013 v1

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)

Structural Adequacy of Existing Building

C3. 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)

Sediment Control

C4. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to

be in accordance with the publication Managing Urban Stormwater: Soils &

Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book”

or a suitable and effective alternative method.

A Sediment Control Plan must be prepared and submitted to the Certifying Authority

for approval prior to the issue of any Construction Certificate and prior to any works

commencing. The Sediment Control Plan must be consistent with the Blue Book and

disclose:

a) All details of drainage to protect and drain the site during the construction

processes;

b) All sediment control devices, barriers and the like;

c) Sedimentation tanks, ponds or the like;

d) Covering materials and methods; and

e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained.

f) Methods for the temporary and controlled disposal of stormwater during

construction.




September 2013 v1

All works must be undertaken in accordance with the approved Sediment Control

plan.

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 protect the environment from the effects of sedimentation and

erosion from development sites)

Waste Management Plan

C5. 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

waste)

External Colours and Finishes

C6. The external colours and finishes shall match those as existing and/ or be compatible

with surrounding development. A schedule of external colours and finishes 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 that the completed colours and finishes of the works are

compatible with surrounding development)

Work Zone

C7. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be

issued by the Council prior to the issue of any Construction Certificate.




September 2013 v1

Work Zones are provided specifically for the set down and pick up of materials and

not for the parking of private vehicles associated with the site. Works Zones will

generally not be approved where there is sufficient space on-site for the setting down

and picking up of goods being taken to or from a construction site. If the Works Zone

is approved by the Committee, the Applicant must obtain a written copy of the related

resolution from the North Sydney Local Traffic Committee and submit a copy of this

to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of

the Committee, including installation of the necessary ‘Work Zone’ signage and

payment of any fees, must occur prior to commencement of any works on the site.

Further, at the expiration of the Work Zone approval, the developer is required to

remove the Work Zone signs and reinstate any previous signs, all at the developer's

cost. The requirements imposed by the Committee on the Work Zone permit (or

permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Obtain Driveway Crossing and associated works permit

C8. Prior to the issue of the Construction Certificate, North Sydney Council must issue the

applicant with a driveway crossing and road infrastructure works permit to suit the

approved off-street parking facilities. To obtain the permit, an application must be

made to Council on a ‘Vehicular Access Application’ form with payment of the

adopted assessment/inspection fees. Council will require civil design construction

drawings and certification from the applicant’s Civil Engineer to verify design details

and enable permit issue. The responsibility for accuracy of the design fully rests with

the designing engineer. All responsibility on implementation and supervision of works

specified on design plans fully rests on designing engineer or whoever is chosen to be

applicant’s engineering representative. The civil design drawings shall detail the

following infrastructure construction requirements of Council in relation to the

consent:

a) The proposed vehicular access ways must comply with AS 2890.1 and

Council’s current Vehicular Access Application Guidelines and Specification

(gutter bridges not permitted) to ensure that a B85 vehicle will not

scrape/strike the surface of the carriageway, layback, vehicular crossing or

parking floor.

b) The width of the vehicular layback must be 4.53m (including the wings).

c) The vehicular laybacks must be set square to the kerb.

d) The crossing (between the grass verge and the property boundary) must be

perpendicular on a single straight grade of approximately 4.5%, falling to the

back of the layback.

e) The boundary footpath levels and gutter invert levels must match the existing

levels and shall not be altered unless agreed to by Council.




September 2013 v1

f) The footpath and grass verge on Ernest Street must be reconstructed and is to

be transitioned at least 1.5m on both sides from the crossing to ensure

uniformity on the footpath.

g) Any twisting of driveway access to ensure vehicles do not scrape must occur

wholly within the subject property.

h) All inspection openings, utility services must be adjusted to match the

proposed driveway levels and location.

i) The design detail has to be provided with vehicular access application and

must include sections along centre-line and extremities of the crossing at a

scale of 1:25. Sections are to be taken from the centre of the roadway through

to the parking area itself and shall include all changes of grade and levels, both

existing and proposed.

j) A longitudinal section along the footpath property boundary at a scale of 1:50

is required and shall include all changes of grade and levels, both existing and

proposed.

All driveway and infrastructure works on the road reserve must proceed in

accordance with the terms of the permit issued by Council. Inspections by

Council will be required as specified on the permit. The Certifying Authority

issuing the Construction Certificate must ensure that the permit issued by

Council is obtained prior to its issue, is referenced on and accompanies the

Construction Certificate issued.

(Reason: To facilitate appropriate vehicular access to private sites,

without disruption to pedestrian and vehicular traffic)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and

Gutter, Footpaths, Vehicular Crossing and Road Pavement

C9. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $3,500.00 to be held by Council for the

payment of cost for any/all of the following:

a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates,

b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls)

required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after

the work is completed.

The security required by this condition and in the schedule contained later in these

conditions must be provided by way of a deposit with the Council; or other such

guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee

provided as security must name North Sydney Council as the nominated beneficiary

and must not be subject to an expiry date.


http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#environment

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#control



September 2013 v1

The security will be refundable following the expiration of 6 months from the issue of

any final Occupation Certificate or completion of public work required to be

completed (whichever is the latest) but only upon inspection and release by Council’s

Engineers.

Council shall have full authority to make use of the bond for such restoration works as

deemed necessary by Council in circumstances including the following: -

where the damage constitutes a hazard in which case Council may make use of

the security immediately;

the applicant has not repaired or commenced repairing damage within 48 hours

of the issue by Council in writing of instructions to undertake such repairs or

works;

works in the public road associated with the development are to an

unacceptable quality; and

the Certifying Authority must ensure that security is provided to North Sydney

Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure)

Security Deposit/ Guarantee Schedule

C10. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($)

Engineering Construction Bond $3,500.00

TOTAL BONDS $3,500.00

The security required by the above schedule must be provided by way of a deposit

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

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

Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)

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.




September 2013 v1

(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)

Commencement of Works Notice

D2. 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)

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.




September 2013 v1

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)

Service adjustments

E4. 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)

Temporary Disposal of Stormwater Runoff

E5. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon

completion of any impervious areas on the site (including roofs, driveways, paving)

and where the final drainage system is incomplete, the necessary temporary drainage

systems must be installed to reasonably manage and control runoff as far as the

approved point of stormwater discharge. Such ongoing measures must be to the

satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Council Inspection of Public Infrastructure Works

E6. During the works on public infrastructure reverting to Councils care and control,

Councils development engineer must undertake inspections of the works at the

following hold points: -

a) Vehicular access; and associated road civil works.

b) All works must proceed in accordance with Roads Act 1993 approvals or other

permits relating to roads issued by Council. A minimum of 48 hours notice

must be given to Council to book an inspection. Work must not proceed until

the works or activity covered by the inspection is approved.

(Reason: To ensure quality of construction joints and connections in the

drainage system)




September 2013 v1

Removal of Extra Fabric

E7. 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

E8. 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)

Noise and Vibration

E9. 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

E10. 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)




September 2013 v1

No Removal of Trees on Public Property

E11. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including

for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets)

Special Permits

E12. 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)

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.





September 2013 v1

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

E13. 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

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)

Installation and Maintenance of Sediment Control

E14. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with

the Construction Certificate.




September 2013 v1

Erosion and sediment measures must be maintained in accordance with the

publication Managing Urban Stormwater: Soils & Construction (4th edition,

Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed

when development activities have been completed and the site fully stabilised.



Sediment and Erosion Control Signage

E15. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not

be maintained. A sign of the type referred to in this condition is available from

Council.



Site Amenities and Facilities

E16. 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

E17. 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)




September 2013 v1

Prohibition on Use of Pavements

E18. 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

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

E19. 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

E20. 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)

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)

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:


http://www.northsydney.nsw.gov.au/



September 2013 v1

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.


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

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.

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

prior to the commencement of any building work, demolition or

excavation)




September 2013 v1

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)

Critical Stage Inspections

F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by

the appointed Principal Certifying Authority.

(Reason: Statutory)

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

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.


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:




September 2013 v1

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)

Certification- Civil Works

G2. a) An appropriately qualified and practising Civil Engineer must certify to the

Certifying Authority that the stormwater drainage system is constructed in

accordance with this consent and the provisions of the applicable Australian

Standard. A copy of the certificate must be submitted to Council (if it is not

the Certifying Authority) upon completion of the development works and prior

to the issue of an Occupation Certificate.

b) An appropriately qualified and practicing Civil Engineer must certify to the

Certifying Authority that the vehicular crossing and associated works and road

works were constructed in accordance with this consent and any approval for

works in the road reserve issued by the Council. A copy of the certificate must

be submitted to Council (if it is not the Certifying Authority), upon completion

of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

Damage to Adjoining Properties

G3. 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)

Utility Services

G4. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to

Council.

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

Compliance with Certain conditions

G5. Prior to the issue of any Occupation Certificate AA1 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)




September 2013 v1

I. On-Going / Operational Conditions

No Encroachment for Vehicles onto Ernest Street

I1. Any vehicle parked within the approved car space must not encroach into the Road

Reserve on Ernest Street at any time.

(Reason: To preserve public safety.)

Required Signage

I2. A sign should be provided in a clearly visible location at the front of the property

stating ‘small vehicles only: maximum length 4.45m’. Text used is to be no less than

50mm in height and in a colour that contrasts with its background.

(Reason: To ensure that the space is used appropriately.)


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For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

item - reports...2016, with a recommendation for refusal, but was deferred for further information....

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