item - reports · 6 s treet l a n e l a n e c h u r c h s t r e e t s t r e e t c h u r c h road w...
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Item ____IPP09_______ - 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 5/10/2016
Attachments:
Site Plan
Architectural plans & sections
ADDRESS/WARD: 5 McHatton Street, Waverton (W)
APPLICATION No: DA207/2016
PROPOSAL: Alterations and additions to dwelling house, demolition of
existing tennis court and construct basement garage containing
parking for five (5) cars, gym, media room, rainwater tank and
on site detention system and reconstruction of tennis court
over.
PLANS REF: Drawings numbered 1506/DA01A and 1506/DA02, dated May
2016, and 1506/DA03, dated June 2016, drawn by Kenstrom
Design Pty Ltd and received by Council on 8 June 2016
OWNER: Richard Elmslie and Leslie Tilly
APPLICANT: Kenstrom Design Pty Ltd
AUTHOR: Geoff Goodyer, Consultant Town Planner
Symons Goodyer Pty Ltd
DATE OF REPORT: 13 September 2016
DATE LODGED: 8 June 2015
AMENDED: 1 September 2016
RECOMMENDATION Approval
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Report of Symons Goodyer Pty Ltd Page 2
Re: 5 McHatton Street, Waverton
EXECUTIVE SUMMARY
This development application seeks Council’s approval for alterations and additions to
dwelling house, demolition of existing clay base tennis court and construct a new basement
garage containing parking for five (5) cars, gym, media room, rainwater tank and on site
detention system and reconstruction of tennis court over, with the tennis court reinstated in its
current position and level. Existing tennis court lighting poles are proposed to be removed
and replaced as part of this proposal.
The application is reported to NSIPP as the site is opposite the residence of an elected
Councillor.
Council’s notification of the proposal has attracted two (2) neighbour submissions raising
particular concerns about impacts of stormwater runoff, impacts arising from excavation
(noise, dust, debris and damage to properties), and hours of work. The assessment has
considered these concerns as well as the performance of the application against Council’s
planning requirements.
Following this assessment the development application is considered to be reasonable in the
circumstances and is recommended for approval subject to conditions.
Development Services comment:
This application was referred to a consultant planner for assessment to avoid possible conflict
of interest arising from the nearby residence of a serving Councillor. The primary issue turns
on compliance with the applicable site cover, un-built upon and landscape area controls. In
this case the proposal is to remove an existing tennis court, excavate and provide below
ground car parking and media room, and reinstate the above ground tennis court. The end
result will generally be identical to that as existing in this regard. The exceedances of the un-
built upon and landscape area controls are substantial and in the normal course would warrant
refusal. The site is, however, unusual and unique in that it comprises a heritage item with an
annexed site containing a tennis court. The development will provide extra facilities with
minimal impact on the heritage item or its setting. The issue of the additional parking bays
and Council’s code is noted but is considered in itself acceptable given the quality of the
residence and the fact that traffic generation will be governed by the number of occupants in
the dwelling. It is open to the Panel to adopt the consultant’s recommendations should it feel
the merit of the proposal so warrants.
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LOCATION MAP
STRE
ET
HARRIOTT
KING
LANE
HARRIOTT STREET
NEST
WAVERTO
N LANE
BERRY
STREET
ROAD
EDWARD
LANE
DOOHAT AVENUE
BRO
WN
S LA
NE
ROAD
RES ER
VE
PRIORY
BROWNS LANE WEST
HIGHW
AY
BROW
NS
ROAD
HAZELBANK
McHATTON
STREET
LANE
LANE
CHURCH STREET
STREET
CHURCH
ROAD
WES
T(32)
49A
(34)(36)
51
1
5355
5
7
9
1113
1514 17
16
19-21
41-45
13
10
47A
47
51
12
53
55
20
59-61
57
39
37
21
16
14
9
1921
21 23
42
17
25-29
49-51
2-4
6
14-16
1A
15
22
23
22
22A
20
24
18
17
1B
2
25
35
26
16
3
13-15
28
29
1
31
8-10
74
6
30
31
7-94
52
(18)
33
3
70
35
1
29A
37
39
29
66
64
68
39A
1
27A
62
27
41
58
3
2
25
56
32
54
5
1A
23
1
34
52
41A
18
21
7
50
20
1
36
43
2
22
48
19
9
38
45
24
4
26
11
2
17
40
47
5
2A
6
46
8
33
44
15
8
12
53
6
18
11 46
55
9 48
4
2B
57
50
7
5A 59
5
52 154
31
61
54
156-158
7
63
5
9
56
31
11
65 160
11A
58 1517
67
3
166
1
40-42 168
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26 170
2422
20
225
15
18 172
1116
12-14
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174-180
4
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3
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1
810
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8295
7-9281
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265 8A8
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(32)
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28
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SP 35807 1
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840673
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38200310
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89
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1
SP 46122
SP 69516
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SP 2885SP 17689
SP 2074
SP 28561
SP 12299
SP 12300
SP 15908
SP 3428815
SP 2258SP 49611
SP 11588
SP 4173
SP 4120
SP 301512
SP 52008
SP 7352
SP 8831
SP 13981
SP 1082
1 772782
SP 472
SP 673
3
16
SP 14195
618A
SP 34511
5SP 362
4492
37
18B
1
SP 15394
SP 118
17
339128
17640SP 1195
SP 241
SP 3067
SP 328
SP 20398
SP 761
7
SP 4743
SP 19781
9
50132
2 3266641
SP 14035
10730
1073
0
306450
SP 3470
8
2
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SP 3275
SP 19191
2
SP 18287
102
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22
31
10730
2
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7
7544
SP 21257
Sec 2
1
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SP 88623 Sec 1
23
7544
8 17
2
9SP 30799 8
3
7544 999946862075
Sec 1
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3 17
2 1
1 25
237104973946SP 1331527
8869DRAINAGE
R
ESERVE
5
2 6 Sec 1165897
7544
15 8869
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SP 7965
SP 87270 8869
310941
14
11 1 9
Sec 37544
7
8SP 12919
SP 136 SP 54872 8
772366
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17495 166
4849
5051
5253
5455
5657
58
17495 SP 2346
SP 18226
4645
1723344
4342
4140
3938
59
3736
35
1
184559
127
183591
1134
11
SP 76305
996198
1040409
10730
1002384SP 22319
26
11
60
SP 17467
3
10730
2224
28
780423
6
1
628661
72
168106 1
8869
75449
797180SP 12220966223Sec 1
SP 15426
7544 1
21
15
A
SP 340081
7724261168107
25
1
333563
10730
973368Sec 1772373
101
C
120714
5
11
772502
1 3
175453
772367
20
SP 20346
SP 87998
SP 90687
SP 92065
B
10
SP 19533SP 75835
395387
1002607
B
SP 86180
51749576
SP 72629
321904
1714323
1
SP 228702
SP 66868
237104
SP 16134
1195582
8869
4
SP 47053
SP 641861152692
2
SP 54293
100614946
6
101
SP 89685
8869
20744745
18
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7212917
12
6162616
1
72870
237104SP 87411
3
13
1
192815
12
14
3
1
6
SP 15475
5
Sec 44038
SP 70609
4
SP 31586
3
SP 14745
Sec 3
4038
1
12
10730
62856616
SP 33792
17495
7816671
11 529352
5107308
62564374141
5538
951
B
Re: Page 3
Property/Applicant Submittors - Properties Notified
5 McHatton Street, Waverton - DA 207/16
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Report of Symons Goodyer Pty Ltd Page 4
Re: 5 McHatton Street, Waverton
DESCRIPTION OF PROPOSAL
Council is in receipt of a proposal to carry out alterations and additions to an existing
dwelling house.
The existing clay base tennis court is to be excavated to provide a subterranean garage for
five (5) cars plus a rainwater tank, gym and media room. The tennis court will then be
reinstated as a new turf court constructed on a concrete base together with re-instatement of
the existing tennis court lights, netting, and a portion of surrounding paving, with all
structures located in the same position and same levels/height as existing. When works are
completed the surface of the site will have exactly the same appearance as existing.
The garage is to be accessed via a ramp through the existing garage to the southern side of the
dwelling. The existing turntable and driveway crossing to McHatton Street, along the western
side of the dwelling will be retained. Air conditioning plant for the garage, gym and media
room will be located in an acoustically treated shed which will replace the existing shed
adjacent to the tennis court behind the front fence.
Excavation will require the removal of part of the existing brick wall and metal palisade
fence to McHatton Street to provide construction vehicle access. Upon completion of works
the wall and palisade fence is to be rebuilt using salvaged material to match existing.
Excavated material will be removed from the site by excavator and loaded into trucks parked
in a construction zone in front of the site on the street.
The proposal includes the installation of a new on-site stormwater detention tank and
connection to the existing stormwater system.
STATUTORY CONTROLS
North Sydney LEP 2013
Zoning – R2 Low Density Residential
Item of Heritage - No
In Vicinity of Item of Heritage – Yes
Conservation Area - Yes (contributory item within the Crows Nest Road
Conservation Area)
FSBL - No
Environmental Planning & Assessment Act 1979
SEPP BASIX
SEPP 55 - Contaminated Lands
Local Development
POLICY CONTROLS
DCP 2013
DESCRIPTION OF LOCALITY
The site is located on the southern side of McHatton Street. The immediate locality is
characterised by 1-storey and 2-storey dwelling houses in landscaped settings. Adjacent to
the site on the eastern side is the North Sydney Demonstration School (the fence and gates of
which are listed as a heritage item of local significance). 100 metres to the east of the site on
Pacific highway the character is quite different, being a mix of commercial and residential
land uses.
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Report of Symons Goodyer Pty Ltd Page 5
Re: 5 McHatton Street, Waverton
Figure 1: Subject Site and lot arrangements
The existing two-storey dwelling house and tennis court on the subject site were constructed
around 1922-1924. They are sited on two separate allotments Lots 27 & 28 in DP 10730. The
dwelling house is constructed of smooth red face-brick with decorative feature brickwork and
a steep, multi-gabelled, glazed terracotta tiled roof. It is identified as a contributory item
within the Crows Nest Road Heritage Conservation Area.
The following photos show the site and general locality:
The front of the subject site, 5
McHatton Street, Waverton.
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Report of Symons Goodyer Pty Ltd Page 6
Re: 5 McHatton Street, Waverton
The existing tennis court on the
subject site, 5 McHatton Street,
Waverton.
The neighbouring house to the
west, 1 McHatton Street.
North Sydney Demonstration
School, to the east of the site on
McHatton Street.
RELEVANT HISTORY
DA 218/2005 was approved on 27 September 2005 for alterations and additions to the
existing dwelling house including a lap pool and tennis court lighting.
On 21 January 2016, a pre-DA lodgement Meeting was held with Council in relation to the
proposed application.
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Report of Symons Goodyer Pty Ltd Page 7
Re: 5 McHatton Street, Waverton
The current development application was lodged on 8 June 2016 and placed on notification
from 24 June to 8 July 2016.
REFERRALS
Engineering
Council’s Development Assessment Engineer has raised no objections and provided
recommended engineering conditions should the application be approved.
Heritage
The application was referred to Council’s conservation Planner who made the following
comments:
1. Heritage Status and Significance
The property is identified as a contributory item within the Crows Nest Road
Conservation Area, ‘a good example of Inter-War Old English style residence and
originally forming part of the Berry Estate 1921. Highly intact. An asymmetrical
broad fronted two storey dwelling with projecting gables with decorative
brickwork, projecting bracketed casement assemblies, leadlight glazing and ogee
copper or lead sheet roofing to bay. Dichromatic face brickwork to gables’
It is located directly adjacent to a heritage item, being North Sydney
Demonstration School.
Located within a row of contributory items from 1 – 5 Crows Nest Road.
2. The property
The property contains a two storey face brick Federation Queen Anne dwelling,
known as ‘Middleton’, with adjacent lawn tennis court on a separate allotment. The
house is largely intact with a later addition and swimming pool at the rear, and a
driveway accessing an existing garage, also at the rear. It is set on established formal
gardens with the tennis court to the east of the house.
3. The proposal
The proposal is for the excavation of a basement garage, media room, gym and OSD
tank, located under the existing tennis court, with car access through the existing
garage. A section of the existing fence will be removed during construction, and then
reinstated. The tennis court will be reinstated above the basement garage, once
construction has been completed.
4. Heritage Impact Assessment and Recommendations
An assessment of the proposed works at No. 5 McHatton Street has been undertaken
in relation to Part 5 Clause 5.10 (Heritage Conservation) of the North Sydney LEP
2013 and Section 13 (Heritage and Conservation) of the North Sydney DCP 2013.
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Report of Symons Goodyer Pty Ltd Page 8
Re: 5 McHatton Street, Waverton
The property is located within the Crows Nest Road Conservation Area and is
identified as being a contributory item. It contains a two storey dwelling, known as
Middleton, built in the Federation Queen Anne Style, which is largely intact, with
some modifications to the rear. It has a lawn tennis court to its east, located on a
separate allotment.
The proposal is for the excavation of a basement garage, media room, gym and OSD
tank, located under the existing tennis court, with car access through the existing
garage. A section of the existing fence will be removed during construction, and then
reinstated. The tennis court will be reinstated above the basement garage, once
construction has been completed.
The proposal involves some demolition and reconfiguration works to the existing
dwelling to allow for access into the basement garage. These works are to a recent
addition and do not impact on original or significant fabric. No objections are raised
to these works, as they will not impact on the building’s contribution to the
significance or character of the Bay Road Conservation Area.
The proposed basement garage will not have an impact on the character or the
significance of the conservation area, or the contributory item, as the works are
located under the tennis court, and not visible from the street. The existing driveway
will be used to access the garage. The tennis court will be reinstated in its current
location during the works, as will the front fence. The presentation of the property to
the street will be largely unaltered at the completion of these works.
The proposed works will not impact adversely on the character or significance of the
existing dwelling, which is a contributory item or the Crows Nest Road Conservation
Area. The works will not impact on the significant fabric or curtilage of the adjacent
heritage listed school.
Accordingly, no objections to the proposal are raised on heritage grounds. Should the
application be approved, it is recommended that the following conditions be placed
on the approval:
Standard Conditions
A4 No demolition of extra fabric
C13 Colours, Finishes and Materials (Conservation Areas)
E11 Removal of extra fabric
Site Specific condition
Front Fence: the front fence is to be reinstated at the completion of the works, to
exactly match the existing fence in terms of materials, height, location and detail.
(Reason: to minimise impact on the conservation area)
SUBMISSIONS
The owners of adjoining properties and the Waverton Precinct were notified of the proposed
development and the application placed on notification from 24 June 2016 to 8 July 2016.
The notification resulted in the following submissions being received raising concern with the
proposal:
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Report of Symons Goodyer Pty Ltd Page 9
Re: 5 McHatton Street, Waverton
Basis of Submissions
Impact of excavation works.
Ensuring the existing hedge is retained for privacy.
Ensuring the existing tennis court level and lighting is retained to prevent
unacceptable lightspill.
Ensuring vents from the garage do not affect the property of the school.
Concern regarding any new stormwater piping off-site.
Preparation of dilapidation reports.
Impacts from stormwater run-off.
Noise related to excavation.
Dust and debris related to excavation.
Damage to adjoining properties arising from excavation.
CONSIDERATION
The relevant matters for consideration under Section 79C of the Environmental Planning and
Assessment Act 1979, are assessed under the following headings:
The application has been assessed against the relevant numeric controls in NSLEP 2013 and
DCP 2013 as indicated in the following compliance tables. More detailed comments with
regard to the major issues are provided later in this report.
NSLEP 2013 Compliance Table
Principal Development Standards – North Sydney Local Environmental Plan 2013
Site Area – 1475.7m² Proposed Control Complies
Clause 4.3(2) – Height of buildings 1.7 metres 8.5 metres YES
DCP 2013 Compliance Table
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1 - Residential Development
complies Comments
1.2 Social Amenity
Maintaining residential accommodation Yes The proposal will maintain the existing residential
accommodation.
Affordable housing Yes The proposed development will not alter the levels of
affordable housing in the area.
1.3 Environmental Criteria
Topography Yes Finished ground levels match existing ground levels.
Two habitable rooms are located below ground level,
but in this case the rooms are considered to provide
satisfactory amenity for the proposed uses (media
room and gymnasium) and are provided with suitable
ventilation. No excavation is proposed within 1 metre
of any property boundary.
Views Yes The proposal does not obstruct any public or private
views.
Solar access Yes AS proposed ground levels match existing ground
levels all solar access to the site and neighbouring
properties is maintained.
Acoustic privacy Yes Air conditioning plant is to be acoustically housed in
a shed that is located on a part of the site well
separated from neighbouring properties.
Visual privacy Yes The proposal will not result in any overlooking as all
existing ground levels are retained.
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Report of Symons Goodyer Pty Ltd Page 10
Re: 5 McHatton Street, Waverton
1.4 Quality built form
Context Yes The proposal responds positively to the opportunities
and constraints of the site and maintains the character
of the area.
Subdivision pattern Yes The site comprises two allotments, on containing the
dwelling house and the other the tennis court. The
proposal will reinforce his pattern with the tennis
court remaining on a separate allotment.
Streetscape Yes The works will have a temporary impact on the
footpath, kerb, guttering in McHatton Street but these
will be reinstated when works are completed. There is
no impact on existing street trees.
Siting Yes The dwelling house will continue to be sited within a
single form addressing the street.
Setback – front Yes No change is proposed to the front setback, which is
typical of the buildings in McHatton Street.
Setback – side Yes Existing side setbacks are retained, which comply
with the minimum 900mm setback required in the R2
Low Density Residential zone.
Setback - rear Yes The existing rear setback is retained, which is
consistent with that of adjoining dwelling houses in
McHatton Street.
Form massing scale Yes As the work are underground there is no change to the
form, massing and scale of the development.
Built form character Yes The building retains its character as a detached
dwelling house and tennis court in a landscaped
setting.
Dormers Yes The proposal incorporates two dormer windows
facing the street. In the circumstances of the case
these windows are considered to be acceptable as they
present no privacy impacts and do not detract from
the streetscape.
Front fences Yes Part of the existing brick fence will be removed to
permit construction access and will be reinstated
using reclaimed materials when works are completed.
1.5 Quality Urban Environment Vehicle access and parking Yes The DCP provides that parking “must not be provided
underground unless site conditions dictate that this is
the only or most appropriate solution for parking
provision”. In this case, to maintain the character of
the dwelling house and tennis court and their
contribution to the conservation area the provision of
car parking underground is considered to be the most
appropriate solution.
A turntable ensures vehicles are able to enter and
leave the site in a forward direction.
Site coverage
Max 30% permitted
Excludes basements and any parts of the
site otherwise defined as landscape area
(including hard paved surfaces such as on-
slab planting)
Yes
(On merit)
The existing development of the site has a site
coverage of 23.1%. The proposed works will create a
basement garage and basement rooms. Whilst site
coverage includes garages, it excludes basements.
The total parking number exceeds the DCP maximum
by 2 spaces. This is considered acceptable in the
circumstances as the vehicle movements will reflect
that of any large house and not be excessive. Figure
B1.10 identifies that a basement with landscaping
above is considered to be un-built upon area.
Consequently, the proposal will not increase the site
coverage of the development. A maximum site
coverage of 30% applies to sites over 1000m2 and the
proposal complies with this requirement.
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Report of Symons Goodyer Pty Ltd Page 11
Re: 5 McHatton Street, Waverton
Site coverage compliance diagram
Landscape area landscaped area of 50% (min)
un-built upon area of 20% (max)
Yes The DCP requires a minimum landscaped area of
50% and a maximum un-built upon area of 20%. The
existing development complies with this requirement,
with a landscaped area of 52.4% but the un-built upon
area of 24.5% exceeds maximum allowable under the
control.
The proposal will reduce the landscaped area to 23%
and increase the un-built upon area to 53.9%.
Notwithstanding this non-compliance, in the
particular circumstances of this case it is considered
that the objectives of the control are satisfied.
a) The character of the area is maintained.
b) Usable private open space is maintained.
c) The landscaped buffer between properties is
maintained.
d) Surface water is retained on site but after soaking
into the tennis court is directed to the stormwater
system.
e) Obstructions to the underground flow of water
are controlled by the proposed stormwater
system.
f) All existing substantial landscaping is
maintained.
g) There is no increase in site density.
h) There is temporary site disturbance during
construction works but following completion the
site will be stabilised.
i) Streetscape and amenity are maintained.
j) Light continues to penetrate between buildings.
k) Existing space for biodiversity conservation and
ecological processes is maintained.
l) Bushland buffers are not an issue with this
proposal.
Excavation Yes The proposal achieves the objectives of the controls
on excavation in the DCP: Existing vegetation is
retained; impacts on neighbouring properties is
controlled and mitigated; site disturbance is
controlled; structural integrity of adjoining properties
is maintained; there is no transport infrastructure
adjoining the site.
The proposal satisfies the controls relating to
excavation. A detailed Geotechnical Report and
Construction Management Plan form part of the
development proposal.
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Report of Symons Goodyer Pty Ltd Page 12
Re: 5 McHatton Street, Waverton
Control P2 specifically states that consent must not be
granted for basement car parking associated with a
dwelling house. However, the circumstances in this
case are unusual, with the basement proposed not
under the dwelling house but under the tennis court,
which will then be reinstated. In these circumstances,
where the objectives of the control area satisfied, a
variation to permit the basement car parking is
considered to be justified.
Landscaping Yes Existing trees and landscaped areas are to be retained.
Front gardens Yes The existing landscaping within the front setback area
is to be retained.
Private and communal open space Yes The rear yard, swimming pool, and tennis court
provide suitable private open space for the dwelling in
excess of the requirements of the DCP.
Tennis courts Yes No change is proposed to the siting of the tennis court
or its lighting.
1.6 Efficient Use of Resources Energy efficiency Yes A BASIX Certificate has been provided
demonstrating the proposal satisfies the State
Government’s target for energy and water efficiency.
Air conditioning is proposed. A condition of consent
is recommended requiring the air conditioning to have
a minimum energy star rating of 3.5 stars.
Natural ventilation Yes The proposed media room and gymnasium are
provided with fresh air intakes and air conditioning to
provide ventilation. Given the nature of the uses of
these rooms such ventilation is considered to be
satisfactory.
Stormwater management Yes The stormwater plans have been reviewed by
Council’s Engineers who have advised that there are
no objections to the proposal subject to conditions
included in the recommendation of this report.
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 10 – Car Parking and Transport
complies Comments
10.2 Parking Provision
Quantity requirements Yes
(on merit)
The proposal will result in a total of 6 car spaces
being provided for the existing dwelling house where
the DCP permits a maximum of 2 car spaces. The
circumstances are unusual in that the site comprises 2
separate allotments so there is potential for the
allotment containing the dwelling house to be
redeveloped for a dwelling house with 2 car spaces.
However, even making this allowance, the proposal
still provides an excess of 2 car spaces.
The proposal satisfies the first objective of the
control, in that it provides sufficient car parking to
cater for users of the development.
The second objective is to minimise the reliance on
private car usage. In this regard, and in the particular
circumstances of this case, the provision of more than
2 car spaces has little impact on reliance on car usage
as occupants of the dwelling house would equally rely
on using 2 cars as they would on 6 cars as the family
home generally only has 2 drivers so there would only
be 2 cars in use at any time.
The third objective is to facilitate the use of public
and alternative transport modes. In this regard the
garage provides for additional bicycle storage areas
and facilitates greater use of bicycles. The site is well
serviced by public transport due to its proximity to the
Pacific Highway and this proximity will continue to
facilitate the use of public transport.
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Report of Symons Goodyer Pty Ltd Page 13
Re: 5 McHatton Street, Waverton
Design and layout Yes The design of the car parking area complies with
AS2890.1:2004. The turntable ensures that vehicles
are able to enter and leave the site in a forward
direction.
Bicycle parking and associated facilities Yes The DCP requires the provision of a minimum of 2
bicycle spaces (one for occupants and for visitors).
These can be accommodated in the proposed garage.
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 11 – Traffic Guidelines for Development
complies Comments
11.3 Construction Management Plan
Provisions Yes The DCP requires the submission of a Construction
Management Plan prior to the commencement of a
development. However, given the construction traffic
likely to be generated by the development, the
applicant submitted a Construction Traffic
Management Plan and a Construction Management
Plan with the development application to enable an
assessment of impacts arising during construction and
identify how the proposal will mitigate those impacts.
The most critical period is during the excavation
phase when up to 12 trucks per day are anticipated to
arrive and leave with excavated material. Truck
movements will be restricted so as not to conflict with
school drop off (8am-9.30am) and pick up (2.30pm-
4pm) times. Trucks will enter and exit the site via
McHatton Street from an easterly direction.
NORTH SYDNEY LEP 2013
Permissibility within the zone:
The subject site is zoned R2 (Low Density) Residential. The proposed alterations and
additions to an existing dwelling house are permissible with consent of Council.
Zone Objectives
The objectives of the R2 Low Density Residential zone are:
To provide for the housing needs of the community within a low density residential
environment.
To enable other land uses that provide facilities or services to meet the day to day needs
of residents.
To encourage development of sites for low density housing, including dual occupancies, if
such development does not compromise the amenity of the surrounding area or the
natural or cultural heritage of the area.
To ensure that a high level of residential amenity is achieved and maintained.
The proposal is considered to be consistent with these objectives. The heritage significance of
the conservation area is maintained. The proposal maintains the amenity of neighbouring
dwellings whilst providing improved amenity and services for the residents of the subject
site.
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Report of Symons Goodyer Pty Ltd Page 14
Re: 5 McHatton Street, Waverton
Building Heights
The proposal, with a maximum height of 1.7 metres (for the proposed shed housing the air
conditioning plant) complies with the provisions of Clause 4.3(2) of NSLEP 2013 which
limits building height to 8.5m and the provisions of clause 4.3(2A) which limits street
elevation height to 5.5 metres in conservation areas.
Suspensions of Covenants, agreements and similar instruments
The author of this report is unaware of any covenants, agreements or similar instruments that
would prevent the proposed development.
Preservation of trees and vegetation
An arborist’s report was submitted with the development application that assessed the impact
of the proposal on 13 trees on and adjacent to the site. No trees are to be removed. The report
makes recommendations to ensure that the trees are not harmed during construction.
Heritage Conservation
The site does not contain a heritage item. However, it is identified as a contributory building
within the Crows Nest Road Conservation Area. The site is adjacent to the North Sydney
Demonstration School and the fence and gates of the former Crows Nest House on that site
are identified as a heritage item of local significance.
A Heritage Impact Statement has been submitted with the development application. The HIS
has been reviewed by Council’s Conservation Planner and found to be satisfactory. The
proposal will maintain the heritage significance of the conservation area because, once the
development is completed, there will be no perceptible difference to the presentation of the
development to the street or local area.
Earthworks
The proposal involves excavation to a depth of approximately 4 metres below the existing
level of the tennis court. A total of approximately 1,980m3 of soil will be excavated.
Clause 6.10 of NSLEP 2013 contains a number of matters for consideration when assessing
the impact of proposal involving earthworks:
(a) the likely disruption of, or any detrimental effect on:
(i) drainage patterns and soil stability in the locality of the development, and
(ii) natural features of, and vegetation on, the site and adjoining land,
Comment: Drainage patterns and soil stability will be managed in accordance with the
documentation submitted with the development application. Contiguous piering will maintain
soil stability. Ground water seepage will be collected and directed to the stormwater system.
There is no impact on natural features or vegetation.
(b) the effect of the development on the likely future use or redevelopment of the land,
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Report of Symons Goodyer Pty Ltd Page 15
Re: 5 McHatton Street, Waverton
Comment: The earthworks are necessary for the proposed future use of the land as a garage,
media room, gymnasium whilst continuing the use as a tennis court.
(c) the quality of the fill or the soil to be excavated, or both,
Comment: The excavated material will comprise clean soil. No fill is proposed.
(d) the effect of the development on the existing and likely amenity of adjoining properties,
Comment: There will be interim amenity impacts during construction but these can be
mitigated in a satisfactory manner. There will be no impacts on the neighbours’ amenity
when the works are compete.
(e) the source of any fill material and the destination of any excavated material,
Comment: No fill is proposed. Excavated material will be exported and used elsewhere as
engineered fill.
(f) the likelihood of disturbing Aboriginal objects or relics,
Comment: There are no known aboriginal objects on site and it is unlikely that any would be
disturbed by the proposed works.
(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water
catchment or environmentally sensitive area,
Comment: The site is not within an environmentally sensitive area. Subject to appropriate
management in accordance with the documentation submitted with the development
application there will be no adverse impacts on any waterway or drinking water catchment.
(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the
development.
Comment: During excavation and construction there will be impacts in terms of traffic, noise,
vibration and dust but these can be mitigated in a satisfactory manner in accordance with the
documentation submitted with the development application and standard conditions.
SEPP 55 and Contaminated Land Management Issues
The subject site has been considered in light of the Contaminated Lands Management Act
and it is considered that as the site has been used for residential purposes for many years,
contamination is unlikely.
DEVELOPMENT CONTROL PLAN 2013
Relevant Planning Area (Waverton / Wollstonecraft)
The application has been assessed against the relevant controls in DCP 2013 as indicated in
the earlier compliance table. The proposal is also considered below in terms of the
requirements of the character statements in NSDCP 2013.
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Report of Symons Goodyer Pty Ltd Page 16
Re: 5 McHatton Street, Waverton
Character Statements – Crows Nest Road Conservation Area
Significant elements
The proposal maintains the characteristic subdivision pattern. The front fence is low and
characteristic of the area and the portion removed during construction will be reconstructed
afterwards. There is no impact on slot views to the harbour along McHatton Street.
Characteristic buildings
The site is on the later subdivided part of the conservation area which is characterized by
single and two storey houses. This character will be maintained.
Characteristic built elements
The proposal is consistent with the characteristic built elements for this neighbourhood. The
existing dwelling house is retained in an unaltered form as is the tennis court.
SECTION 94 CONTRIBUTIONS
Council’s Section 94 Contributions Plan states that contributions will not be levied on
alterations and additions to a single dwelling even if that development results in an increase
in the number of bedrooms. Consequently, no Section 94 Contributions are payable for the
proposed development.
APPLICABLE REGULATIONS
Demolition
Clause 92(1)(b) of the EPA Regulation 2000 require that council take into consideration
Australian Standard AS 2601-1991: The Demolition of Structures, as in force at 1 July 1993.
As demolition is proposed a suitable condition is included in the recommendation of this
report.
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 Yes
5. Traffic generation and Carparking provision Yes
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Report of Symons Goodyer Pty Ltd Page 17
Re: 5 McHatton Street, Waverton
6. Loading and Servicing facilities NA
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
SUBMITTERS CONCERNS
Issue: Impact during excavation works
Concern is raised that the excavation works will result in unreasonable noise,
vibration and dust.
Planning Comment: The proposal involves excavation of approximately 1,980m3 of
rock and soil. The excavation work occurs over two stages, with the first stage
involving excavation to enable piering and soil stability works to be installed – this
stage lasts for 4 weeks removing approximately 260m3 of material. The second stage
is for bulk earthworks – this stage lasts for 9 weeks removing approximately 1,720m3
of material.
The submitted geotechnical report indicates that most excavation can be done by
excavators or tractor mounted backhoe, although in some locations it may be
necessary to use equipment such as breakers to assist in removing the more rocky
material.
Conditions are included in the recommendation of this report to address the potential
amenity impacts (Conditions C7, E6, E8 and E9).
Issue: Limit the height of and existing hedge
An existing hedge provides privacy but it is requested to limit the height of the hedge
to prevent overshadowing.
Planning Comment: The proposal has no impacts on the hedge and no impacts are
created that are relevant to the hedge so there is no justification for a condition
limiting the height of the hedge. The hedge will be retained in accordance with the
landscape plan and will continue to maintain privacy.
Issue: Lightspill
Concern that the proposal will increase lightspill from tennis court lighting.
Planning Comment: The proposal is to reinstate the existing tennis court lighting in
an identical position and height as currently approved so there will be no increase in
lightspill.
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Report of Symons Goodyer Pty Ltd Page 18
Re: 5 McHatton Street, Waverton
Issue: Impact from exhaust vents
Concern that vents not create impacts for neighbouring properties or the neighbouring
school.
Planning Comment: One exhaust vent is proposed immediately south-east of the
tennis court. The amount and quality of the air being exhausted is unlikely to create
impacts on the school or neighbouring property given the size and nature of use of the
area being vented (ie: 5 car domestic garage, media room and gymnasium).
Issue: Stormwater pipes off-site
Concern regarding the impacts of any new stormwater pipes being installed
downstream from the site.
Planning Comment: No new pipes are proposed downstream from the site. All
works are contained on the site. The proposed drainage works incorporate an on-site
detention system which has been assessed as adequate by Council’s engineer.
Issue: Dilapidation reports
A request that dilapidation reports be prepared for neighbouring properties.
Planning Comment: Given the nature of the works and the scale of excavation
proposed it is appropriate that a dilapidation report be prepared for sites immediately
adjacent to the proposed works (ie: all sites within the zone of influence of the
proposed excavation – see Condition C3).
Issue: Hours of excavation
A request that excavation be limited to four days per week, 8am to 4pm, with no work
on weekends.
Planning Comment: The proposed hours of construction are 7am – 5pm weekdays
and 8am – 1pm Saturdays.
No truck movements will be permitted during school pick-up and drop-off times
(8am-9.30am and 2.30pm-4pm) to prevent traffic congestion. Pedestrian access will
be maintained in front of the site but will be supervised by the onsite traffic
controllers in accordance with the Construction Traffic Management Plan.
It is considered that the proposal, involving extensive excavation immediately
adjacent to residential properties for a domestic garage, is unusual and in the
particular circumstances of the case limiting excavation work to 8am-4pm is
reasonable to maintain neighbour amenity (see Condition E1). However, the
circumstances do not justify limiting works to only 4 days per week, which would
have the unintended consequence of lengthening the construction period.
Issue: Downstream impacts from stormwater
Concern is raised that the proposal will increase stormwater in downstream
infrastructure.
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Report of Symons Goodyer Pty Ltd Page 19
Re: 5 McHatton Street, Waverton
Planning Comment: the proposed hydraulic management plans include a new on-site
stormwater detention tank to ensure that there is no increase in the rate at which
stormwater is disposed of off-site so there will be no impact on downstream
stormwater infrastructure.
CONCLUSION
The proposal involves alterations and additions to an existing dwelling house within a
conservation area.
The development application has been assessed against the North Sydney Local
Environmental Plan 2013 and the North Sydney Development Control Plan 2013.
The proposed basement car park is located below McHatton Street and to the east of the
dwelling on a separate allotment. The removal and replacement of the existing tennis court
with a basement car park and new tennis court over would not impact on the character of the
Conservation area and would not adversely impact the heritage contribution of the existing
dwelling which will continue to be sited within a landscape setting.
The proposed additional parking would exceed the maximum parking provision by 3 parking
spaces, as outlined in the DCP. However the parking demand and traffic generation is limited
by the existing accommodation provided within the dwelling, that is the parking demand and
car use is consistent with that generated by any large dwelling. The basement also provides
new bike storage and the site is well located to regular public transport services including rail
and bus. The proposal is therefore deemed to satisfy the objectives of Council’s DCP with
regard to management of parking.
The assessment has also considered the issues raised in the submissions which have been
addressed throughout this report. Conditions have been recommended to ensure appropriate
management of noise and disturbance created by construction activity and to ensure the
appropriate management of stormwater.
The development application is considered to be a reasonable response to the opportunities
and constraints of the site and is recommended for approval subject to conditions.
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 General
Manager, as the consent authority, grant consent to Development Application No. 207/16
for alterations and additions to dwelling house, demolition of existing clay base tennis court
and construct a new basement garage containing parking for five (5) cars, gym, media room,
rainwater tank and on site detention system and reconstruction of tennis court and lighting
poles on land at 5 McHatton Street, Waverton subject to the following site specific conditions
and the attached standard conditions:
Stormwater Management and Disposal Design Plan / Construction issue detail
C1. Prior to issue of the Construction Certificate, the applicant shall have a site drainage
management plan prepared by a qualified hydraulic design engineer. The site drainage
management plan must detail the following requirements of North Sydney Council:
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Report of Symons Goodyer Pty Ltd Page 20
Re: 5 McHatton Street, Waverton
a) Compliance with the latest revision of: BCA drainage requirements, Councils
Engineering Performance guide and current Australian Standards and guidelines,
such as AS/NZ 3500.3.2003, National Plumbing and Drainage Code.
b) No works on Council land regarding storm water drainage discharge are proposed or
approved under this consent and no work may be undertaken until approved.
c) Any works on Council’s infrastructure (including rectifying works on: footpath, grass
verge, kerb, gutter and/or driveway crossing) that are reverting to Council care and
control, must be approved from Council prior to commencement of construction. To
obtain the permit, an application must be made to Council on a ‘Permit for Street
Opening’ form with payment of the adopted assessment/inspection fees.
d) Stormwater runoff and subsoil drainage generated by the approved development
must be conveyed in a controlled manner by gravity to existing control pit at the
South /East boundary.
e) The stormwater drainage system shall be designed for an average recurrence interval
(A.R.I.) of 1 in 20 years.
f) Provision is to be made for the collection and disposal in an approved manner of
any overland flow entering the subject property, or concentrated as a result of the
proposed works.
g) Surface inlet pits must be located to catch surface flows, and must be provided at all
pipe junctions, changes in pipe direction exceeding 45 degrees and at the site
boundary (within the property) prior to connection to the public drainage system and
must be of sufficient size to accept the flow.
h) All sub-soil seepage drainage shall be discharged via a suitable silt arrestor pit. Sign
must be installed adjacent to pit stating “This sediment /silt arrestor pit shall be
regularly inspected and cleaned”. Details of all plans certified as being adequate for
their intended purpose and complaint with the provisions of AS 3500.3.2 by an
appropriately qualified and practising civil engineer shall be submitted with the
application for a Construction Certificate.
i) If a car wash bay is established than wastewater collected from the bay drainage
require pre-treatment, such as silt traps and oil separation system, prior to being
discharged into wastewater systems (e.g. sewer or septics).
j) The design and installation of the Rainwater Tank must comply with BASIX and
Sydney Water requirements. Overflow from tank shall be conveyed in a controlled
manner by gravity to the stormwater disposal system.
k) The design and installation of the rainwater reuse system (rainwater tank) must
comply with DCP 2013 requirements. Overflow from the rainwater reuse devise
must be conveyed in a controlled manner by gravity to the stormwater disposal
system. Rainwater Tank must be plumbed to appropriate end uses (i.e. external taps,
toilet flushing, laundry, water features, car washing or garden irrigation) to ensure
sufficient use of tank water so that capacity exists to accommodate rain water from
storm events.
l) Prevent any stormwater egress into adjacent properties by creating physical
barriers and surface drainage interception.
m) The proposed On Site Detention for storm water disposal must be designed to
ensure that the maximum discharge of stormwater collected from the pre-developed
site, which would occur during a 1 in 5 year storm of 1-hour duration for the existing
site conditions, is not exceeded. The OSD system must be regularly maintained and
serviced.
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Report of Symons Goodyer Pty Ltd Page 21
Re: 5 McHatton Street, Waverton
n) The creation of a Positive Covenant (under the provision of the Conveyance Act) on
the property title to ensure the maintenance of OSD and pump system on the
property being developed. Prior to occupation certificate details must be submitted to
Council for approval before registration with the Land Titles Office.
o) Provide subsoil drainage to all necessary areas with pump out facilities as required.
Details demonstrating compliance are to be submitted with the Construction
Certificate.
The Certifying Authority issuing the Construction Certificate must ensure that the
approved drainage plan and specifications, satisfying the requirements of this
condition, is referenced on and accompanies the Construction Certificate. The
measures shown on the approved stormwater management plan, must be implemented
on site prior to issue of the Occupation Certificate.
(Reason: To ensure controlled stormwater management and disposal without
nuisance)
Construction Hours
E1. 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 works must be restricted to within the hours of 8.00 am to 5.00 pm
Monday to Friday only.
Excavation works must be restricted to within the hours of 8.00 am to 4.00 pm
Monday to Friday only.
For the purposes of this condition:
1) “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.
2) “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.
3) “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)
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Report of Symons Goodyer Pty Ltd Page 22
Re: 5 McHatton Street, Waverton
Front Fence
G1. The brick wall and palisade front fence is to be reconstructed to match the form of the
existing fence at the completion of the works. The reinstated wall and fence must
have a matching brick base and palisade fence with the detailing of the fence and
piers to exactly match the existing fence in terms of materials, height, location and
detail.
(Reason: To minimise impact on the conservation area)
Geoff Goodyer David Hoy
CONSULTANT TOWN PLANNER TEAM LEADER ASSESSMENTS
Stephen Beattie
MANAGER DEVELOPMENT SERVICES
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September 2013 v1
NORTH SYDNEY COUNCIL
CONDITIONS OF DEVELOPMENT APPROVAL
5 MCHATTON STREET, WAVERTON
DEVELOPMENT APPLICATION NO. 207/16
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. Issue Title Drawn by Dated Received
1506/DA01 A Site analysis and sections
Kenstrom design May 2016 08.06.2016
1506/DA02 Plans Kenstrom design May 2016 08.06.2016 1506/DA03 Landscape plan Kenstrom design June 2016 08.06.2016
(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)
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B. ANCILLARY MATTERS TO BE COMPLETED PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE
Construction And Traffic Management Plan
B1. Prior to issue of Any Construction Certificate, a Construction and Traffic
Management Plan must be submitted with application form: “To Satisfy DA Consent Condition” and approved in writing from Council. The following matters must be specifically addressed in the Plan:
1. A plan view (min 1:100 scale) of the entire site and frontage roadways indicating:
a) Dedicated construction site entrances and exits, controlled by a certified traffic
controller, to safely manage pedestrians and construction related vehicles in the frontage roadways,
b) RMS approved signage type and location to manage pedestrian in the vicinity, c) Turning areas within the site for construction and spoil removal vehicles,
allowing a forward egress for all construction vehicles on the site, d) The locations of any proposed Work Zones in the frontage roadways (to be
approved by Council’s Traffic Committee), e) Locations and type of hoardings proposed, f) Area of site sheds and the like, g) Location of any proposed crane standing areas, h) Proposed maximum size for construction vehicles/trucks, i) A dedicated unloading and loading point within the site for all construction
vehicles, plant and deliveries, j) Material, plant and spoil bin storage areas within the site, where all materials
are to be dropped off and collected. k) The provision of an on-site parking area for employees, tradesperson and
construction vehicles as far as possible. l) The residents/occupiers are to be updated on a monthly basis and at key
construction stages and be provided with a phone number to contact the site manager.
2. A detailed description and route map of the proposed route for vehicles
involved in spoil removal, material delivery and machine floorage must be provided:
a) Light traffic roads and those subject to a load or height limit must be avoided
at all times. b) Once approved from North Sydney Council, a copy of the route is to be
made available to all contractors, and shall be clearly depicted at a location within the site.
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3. Traffic Control Plan(s) for the site incorporating following:
a) All Traffic control measures proposed in the road reserve that are in accordance with the RMS publication “Traffic Control Worksite Manual” and designed by a person licensed to do so (minimum RMS ‘red card’ qualification).
b) The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each.
4. A Waste Management Plan must be in accordance with the provisions of Part
B Section 19 of the North Sydney DCP 2013 must be provided. The Waste Management Plan must include, but not be limited to, the estimated volume of waste and method of disposal for the construction and operation phases of the development, design of on-site waste storage and recycling area and administrative arrangements for waste and recycling management during the construction process.
5. Evidence of RMS concurrence where construction access is provided directly
or within 20 m of an Arterial and/or Classified Road;
6. A schedule of site inductions to be held on regular occasions and as determined necessary to ensure all new employees are aware of the construction management obligations. These must specify that construction-related vehicles to comply with the approved requirements; and
7. For those construction personnel that drive to the site, the Site Manager shall
attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area.
A suitably qualified and experienced traffic engineer or consultant shall prepare the Construction and Traffic Management Plan. The construction management measures contained in the approved plan must be implemented in accordance with the plan prior to the commencement of, and during, works on-site. As the plan has a direct impact on the local road network and public amenity, the plan must be submitted to and reviewed by Council prior to the issue of any Construction Certificate. A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained and must be submitted as part of the supporting documentation lodged with the Certifying Authority for approval of the application for a Construction Certificate. A copy of the approved Construction and Traffic Management Plan must be kept on the site at all times and be made available to any officer of the Council on request.
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Notes:
1) North Sydney Council’s adopted fee for certification of compliance with this condition shall be payable on lodgement, or in any event, prior to the issue of the relevant approval.
2) Any use of Council property will require appropriate approvals and demonstration of liability insurances prior to such work commencing.
3) Failure to provide complete and detailed information may result in delays. It is recommended that your Construction Management Plan be lodged with Council as early as possible.
4) Dependent on the circumstances of the site, Council may request additional information to that detailed above.
(Reason: To ensure appropriate measures have been considered for site access,
storage and the operation of the site during all phases of the demolition and construction process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)
C. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE (AND
ONGOING, WHERE INDICATED) Stormwater Management and Disposal Design Plan / Construction issue detail C1. Prior to issue of the Construction Certificate, the applicant shall have a site drainage
management plan prepared by a qualified hydraulic design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:
a) Compliance with the latest revision of: BCA drainage requirements, Councils Engineering Performance guide and current Australian Standards and guidelines, such as AS/NZ 3500.3.2003, National Plumbing and Drainage Code.
b) No works on Council land regarding storm water drainage discharge are proposed or approved under this consent and no work may be undertaken until approved.
c) Any works on Council’s infrastructure (including rectifying works on: footpath, grass verge, kerb, gutter and/or driveway crossing) that are reverting to Council care and control, must be approved from Council prior to commencement of construction. To obtain the permit, an application must be made to Council on a ‘Permit for Street Opening’ form with payment of the adopted assessment/inspection fees.
d) Stormwater runoff and subsoil drainage generated by the approved development must be conveyed in a controlled manner by gravity to existing control pit at the South /East boundary.
e) The stormwater drainage system shall be designed for an average recurrence interval (A.R.I.) of 1 in 20 years.
f) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.
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g) Surface inlet pits must be located to catch surface flows, and must be provided at all pipe junctions, changes in pipe direction exceeding 45 degrees and at the site boundary (within the property) prior to connection to the public drainage system and must be of sufficient size to accept the flow.
h) All sub-soil seepage drainage shall be discharged via a suitable silt arrestor pit. Sign must be installed adjacent to pit stating “This sediment /silt arrestor pit shall be regularly inspected and cleaned”. Details of all plans certified as being adequate for their intended purpose and complaint with the provisions of AS 3500.3.2 by an appropriately qualified and practising civil engineer shall be submitted with the application for a Construction Certificate.
i) If a car wash bay is established than wastewater collected from the bay drainage require pre-treatment, such as silt traps and oil separation system, prior to being discharged into wastewater systems (e.g. sewer or septics).
j) The design and installation of the Rainwater Tank must comply with BASIX and Sydney Water requirements. Overflow from tank shall be conveyed in a controlled manner by gravity to the stormwater disposal system.
k) The design and installation of the rainwater reuse system (rainwater tank) must comply with DCP 2013 requirements. Overflow from the rainwater reuse devise must be conveyed in a controlled manner by gravity to the stormwater disposal system. Rainwater Tank must be plumbed to appropriate end uses (i.e. external taps, toilet flushing, laundry, water features, car washing or garden irrigation) to ensure sufficient use of tank water so that capacity exists to accommodate rain water from storm events.
l) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.
m) The proposed On Site Detention for storm water disposal must be designed to ensure that the maximum discharge of stormwater collected from the pre-developed site, which would occur during a 1 in 5 year storm of 1-hour duration for the existing site conditions, is not exceeded. The OSD system must be regularly maintained and serviced.
n) The creation of a Positive Covenant (under the provision of the Conveyance Act) on the property title to ensure the maintenance of OSD and pump system on the property being developed. Prior to occupation certificate details must be submitted to Council for approval before registration with the Land Titles Office.
o) Provide subsoil drainage to all necessary areas with pump out facilities as required.
Details demonstrating compliance are to be submitted with the Construction Certificate.
The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate. The measures shown on the approved stormwater management plan, must be implemented on site prior to issue of the Occupation Certificate.
(Reason: To ensure controlled stormwater management and disposal without nuisance)
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September 2013 v1
Dilapidation Report Damage to Public Infrastructure
C2. A dilapidation survey and report (including photographic record and CCTV electronic
file) must be prepared by a suitably qualified consultant who 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 infrastructure, including the CCTV of drainage within the area, 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 with CCTV electronic file and report is to be submitted to Council and 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 with CCTV electronic file 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 Report Private Property (Excavation) C3. A full dilapidation survey and report on the visible and structural condition of all
neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.
The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.
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 dilapidation survey 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.
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Note: This documentation is for record keeping purposes only, and may be used by the developer 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: To record the condition of property/ies prior to the commencement of construction)
Structural Adequacy of Adjoining Properties – Excavation Works C4. A report prepared by an appropriately qualified and practising structural engineer
detailing the structural adequacy of adjoining public properties, which certifies their ability to withstand the proposed excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties 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.
(Reason: To ensure the protection and structural integrity of adjoining properties in close proximity during excavation works)
Shoring for Adjoining Property C5. Where any shoring for excavation is to be located on or is supporting Council’s
property, or any adjoining private property, engineering drawings certified as being adequate for their intended purpose by an appropriately qualified and practising structural engineer, showing all details, including the extent of excavation, encroachment and the method of removal and de-stressing of shoring elements, backfilling and compacting of over-excavated cavities on Council’s and/or private property with fill suitable for its purpose, must be first submitted to the Council with “To Satisfy DA Consent Condition”. The temporary tieback anchors shall be at a minimum depth of 1.5 m below the surface levels of the footpath and roadway.
A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained. Approved application “To Satisfy DA Consent Condition” must be submitted to the Certifying Authority for approval with Construction Certificate. A copy of this documentation must be provided to the Council for record purposes. Backfilling and compacting of over-excavated cavities must be addressed as the build up is progressing through the basements to ensure that compaction is reliable.
Note: Approval of engineering drawings for shoring works to be located on adjoining property by the Certifying Authority does not authorize a trespass on private or public land. All relevant permissions/ legal rights must be obtained to undertake any works on adjoining land.
(Reason: To ensure the protection of existing public infrastructure and adjoining properties)
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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)
Geotechnical Report C7. Prior to issue of the Construction Certificate, the recommendation of the
Geotechnical/Civil Engineering report must be prepared to addresses at a minimum (but is not limited to) the following:
a) The type and extent of substrata formations by the provision of a minimum of
four (4) representative bore hole logs which are to provide a full description of all material from ground surface to 1.0 m below the finished basement floor level and include the location and description of any anomalies encountered in the profile. The surface and depth of the bore hole logs shall be related to Australian Height Datum;
b) The appropriate means of excavation/shoring in light of point (a) above and
proximity to adjacent property and structures. Potential vibration caused by method of excavation and potential settlements affecting nearby footings/foundations shall be discussed and ameliorated;
c) The proposed method to temporarily and permanently support the excavation
for the basement adjacent to adjoining property, structures and road reserve if nearby (full support to be provided within the subject site);
d) The existing groundwater levels in relation to the basement structure, where
influenced; e) The drawdown effects on adjacent properties (including road reserve), if any,
the basement excavation will have on groundwater together with the appropriate construction methods to be utilized in controlling groundwater. Where it is considered there is the potential for the development to create a “dam” for natural groundwater flows, a groundwater drainage system must be designed to transfer groundwater through or under the proposed development without a change in the range of the natural groundwater level fluctuations. Where an impediment to the natural flow path is constructed, artificial drains such as perimeter drains and through drainage may be utilized; and
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f) Recommendations to allow the satisfactory implementation of the works. An implementation program is to be prepared along with a suitable monitoring program (as required) including control levels for vibration, shoring support, ground level and groundwater level movements during construction. The implementation program is to nominate suitable hold points at the various stages of the works for verification of the design intent before sign-off and before proceeding with subsequent stages.
The geotechnical report must be prepared by a consulting geotechnical/ hydrogeological engineer with previous experience in such investigations and reporting. It is the responsibility of the engaged geotechnical specialist to undertake the appropriate investigations, reporting and specialist recommendations to ensure a reasonable level of protection to adjacent property and structures both during and after construction. The report shall contain site-specific geotechnical recommendations and shall specify the necessary hold/inspection points by relevant professionals as appropriate. The design principles for the geotechnical report are as follows:
a) No ground settlement or movement is to be induced which is sufficient
enough to cause an adverse impact to adjoining property and/or infrastructure; b) No changes to the ground water level are to occur as a result of the
development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;
c) No changes to the ground water level are to occur during the construction of
the development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;
d) Vibration is to be minimized or eliminated to ensure no adverse impact on the
surrounding property and infrastructure occurs, as a result of the construction of the development;
e) Appropriate support and retention systems are to be recommended and
suitable designs prepared to allow the proposed development to comply with these Design Principles; and
f) An adverse impact can be assumed to be crack damage as identified within the
relevant Australian Standard for determining such damage. The report, satisfying the requirements of this condition, must be provided as part of the supporting documentation lodged with the Certifying Authority for approval of the Construction Certificate application. The professional recommendations of the report shall be implemented in full during the relevant stages of excavation and construction.
(Reason: To ensure the structural integrity of the subject site and adjoining sites
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during the excavation process) Geotechnical Certificate
C8. A certificate prepared by an appropriately qualified Geotechnical Engineer certifying that the existing rock formations and substrate on the site is capable of:
a) Withstanding the proposed loads to be imposed; b) Withstanding the extent of the proposed excavation, including any
recommendations for shoring works that may be required to ensure the stability of the excavation;
c) Providing protection and support of adjoining properties; and d) The provision of appropriate subsoil drainage during and upon completion of
construction works.
The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the structural integrity of the subject site and adjoining sites during the excavation process)
Waste Management Plan
C9. 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)
Colours, Finishes and Materials (Conservation Areas)
C10. The finishes, materials and exterior colours shall be complimentary 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.
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(Reason: To ensure that the completed colours, finishes and materials are complementary to the Conservation Area.)
Work Zone C11. If a Works Zone is proposed, an application must be made to the North Sydney Local
Traffic Committee to install the ‘Work Zone’. Works 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 resolved by the Committee, the necessary ‘Work Zone’ signage shall be installed (at the cost of the Applicant) and the adopted fee paid prior to commencement of any works on the site. Further, at the expiration of the Works Zone approval, the Applicant is required to remove the Works Zone signs and reinstate any previous signs, all at the Applicant's cost. (Reason: Amenity and convenience during construction)
Maintain Property Boundary Alignment Levels C12. Except where otherwise approved by Council, the property boundary alignment levels
must match existing prior to the commencement of works. Plans and specifications which document existing and proposed levels adjacent to the site boundaries and which comply with the requirements of 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 interface between property and public land remains uniform)
Basement Car park to comply with relevant standards C13. The basement layout must comply with all requirements of Australian Standard
AS2890.1. Certification from a suitably qualified and practicing Civil Engineer that the basement design will comply with the requirements of the Australian Standard must be provided to the Certifying Authority for approval prior to issue of any Construction Certificate.
(Reason: To ensure the basement layout complies with relevant standards)
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On-Site Stormwater Detention C14. On site detention must be provided to ensure that the maximum discharge of
stormwater collected from the pre-developed site, which would occur during a 1 in 5 year storm of 1-hour duration for the existing site conditions, is not exceeded. All other stormwater run-off from the site for all storms up to a 1 in 100 year storm event is to be retained on the site for gradual release to the piped drainage system. Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur. The OSD system shall be regularly maintained and serviced.
Engineering calculations, design and certification complying with this condition must be provided by an appropriately qualified and practicing Civil Engineer and submitted to Certifying Authority for approval prior to the issue of any Construction Certificate.
(Reason: To ensure appropriate provision is made for the disposal and
management of stormwater generated by the development, and to ensure that public infrastructure in Council’s care and control is not overloaded)
Pump-Out System Design for Stormwater Disposal C15. The design of the pump-out system for stormwater disposal will be permitted for
drainage of basement areas only, and must be designed in accordance with the following criteria:
a) The pump system shall consist of two pumps, connected in parallel, with each
pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The tank shall be designed for capacity of holding an one-hour duration storm which would occur during average recurrence interval (A.R.I.) of 1 in 20 years storm;
b) The pump system shall be regularly maintained and serviced, every six (6)
months;
c) The creation of a Positive Covenant (under the provision of the Convincing Act) on the property title to ensure the maintenance of the Pump System on the property being developed. Prior to Occupation Certificate, details are to be submitted to Council for approval before registration with the Land Titles Office.
Engineering details demonstrating compliance with these criteria, and certified by an appropriately qualified and practicing civil engineer shall be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.
(Reason: To ensure adequate provision is made for the discharge of sub-surface
stormwater from the excavated parts of the site)
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Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C16. Prior to the issue of any Construction Certificate, security deposit or bank guarantee
must be provided to Council to the sum of $8,500.00 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 in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).
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 bond 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) Tree Bond for Public Trees C17. Prior to the issue of any construction certificate, security in the sum of $3,000.00
must be provided to Council for the protection of trees in public places, including the making good of any damage caused to such trees. The security is to be provided in accordance with the Schedule below.
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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.
The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.
If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.
In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.
SCHEDULE/LOCATION
Brushbox Located on road reserve to McHatton Street.
(Reason: Protection of existing environment public infrastructure, community assets and significant trees)
Air Conditioners in Residential Premises C18. The use of any air conditioner installed on the premises must comply with the
requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:
(a) emit a noise that is audible within a habitable room in any affected residence
(regardless of whether any door or window to that room is open);
(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or
(ii) before 7.00am or after 10.00pm on any other day
(b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.
“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.
“boundary” includes any window or elevated window of an affected residence.
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Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity)
Security Deposit/ Guarantee Schedule C19. 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 ($) Street Tree Bond (on Council Property) $3,000.00 Footpath Damage Bond $8,500.00 TOTAL BONDS $11,500.00
(Reason: Compliance with the development consent)
BASIX Certificate
C20. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000, it is a condition of this development consent that all the commitments listed in BASIX Certificate No. A259480 for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the proposed development will meet the Government’s requirements for sustainability and statutory requirements)
D. PRIOR TO THE COMMENCEMENT OF ANY WORKS (AND CONTINUING
WHERE INDICATED) Protection of Trees
D1. All trees that are specifically nominated to be retained by notation on plans or by condition as a requirement of this consent must be maintained and protected during demolition, excavation and construction on the site in accordance with AS4970-2009 (Protection of trees on development sites). A report containing recommendations, and methods of tree protection prepared by an appropriately qualified person must be provided to the Certifying Authority for approval by an appropriately qualified person prior to commencement of any works on the site. Any recommendations must be undertaken for the duration of works on the site.
(Reason: To ensure compliance with the requirement to retain significant planting on the site)
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Public Liability Insurance – Works on Public Land D2. 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 in 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 the 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) Sydney Water Approvals D3. Prior to the commencement of any works, the approved plans must be submitted to a
Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works.
Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92.
(Reason: To ensure compliance with Sydney Water requirements)
Commencement of Works Notice
D4. 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)
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E. DURING DEMOLITION AND BUILDING WORK Construction Hours E1. 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 works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. Excavation works must be restricted to within the hours of 8.00 am to 4.00 pm Monday to Friday only. For the purposes of this condition:
i. “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.
ii. “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.
iii. “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) Cigarette Butt Receptacle E2. 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)
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Parking Restrictions
E3. 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 E4. 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 AS 1742-3 (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) 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 construction 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 Principal Certifying Authority.
(Reason – Stormwater control during construction)
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Geotechnical Stability during Works
E6. A contractor with specialist excavation experience must undertake the excavations for
the development and a suitably qualified and consulting geotechnical engineer must oversee the excavation procedure. Geotechnical aspects of the development work, namely appropriate excavation method and vibration control, support and retention of excavated faces, and Hydro geological considerations must be undertaken in accordance with the recommendations of the Geotechnical Report prepared by qualified Geotechnical Engineer, and all subsequent geotechnical inspections carried out during the excavation and construction phase. Approval must be obtained from all affected property owners, including North Sydney Council where rock anchors (both temporary and permanent) are proposed below adjacent private or public property. (Reason: Ensure appropriate professional are engaged at appropriate stages
during construction)
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
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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 restoration of damaged areas.
(Reason: To ensure the proper management of public land and funds) 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) Benchmarks E12. All permanent survey markers must be retained, undamaged, and not relocated.
(Reason: Protection of existing environmental infrastructure and community assets)
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
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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) Out of Hours Work Permits E14. Where it is necessary for emergency works to occur outside those hours allowed by
these conditions, an application may be made to Council's Customer Services Centre for a permit to carry out emergency works outside of the approved hours. If a permit is issued the development must be carried out in accordance with any requirements of the permit. A permit and shall only be approved if public safety or convenience is at risk. Any further variation shall require the lodgement and favourable determination of a modification application pursuant to Section 96 of the Environmental Planning and Assessment Act 1979.
Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in
on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.
2) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.
3) It is recommended that applications for permits be lodged as early as possible to allow sufficient time for determination by Council and avoid disruption or delay due to conflicting priorities.
4) Permit Emergency for such occurrence shall be limited to two occasions per calendar month
(Reason: To ensure that works do not interfere with reasonable amenity
expectations of residents and the community)
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Installation and Maintenance of Sediment Control E15. 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. 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.
(Reason: To protect the environment from the effects of sedimentation and erosion from development sites)
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)
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.
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(Reason: To ensure public safety and amenity on public land) Waste Disposal E19. 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:
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.
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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 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)
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.
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5 MCHATTON STREET, WAVERTON DEVELOPMENT APPLICATION NO. 20716 Page 25 of 29
September 2013 v1
(Reason: Statutory) Commencement of Works F7. 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.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or excavation)
Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a
building must be executed safely and in accordance with appropriate professional standards.
2) All excavations associated with the erection or demolition of a building must
be properly guarded and protected to prevent them from being dangerous to life or property.
3) 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)
Protection of Public Places F9. 1) A hoarding and site fencing must be erected between the work site and
adjoining public place.
2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
3) The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place.
4) Any such hoarding, fence or awning is to be removed when the work has been completed.
5) No access across public reserves or parks is permitted.
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5 MCHATTON STREET, WAVERTON DEVELOPMENT APPLICATION NO. 20716 Page 26 of 29
September 2013 v1
Note: Prior to the erection of any temporary fence or hoarding over property owned or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.
(Reason: To ensure public safety and the proper management of public land)
Site Sign F10. 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.
(Reason: Prescribed - Statutory) Support for Neighbouring Buildings F11. 1) If an excavation associated with the erection or demolition of a building
extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:
a) Must preserve and protect the building from damage;
b) If necessary, must underpin and support the adjoining building in an approved manner Subject to adjoining owner’s consent); and
c) Must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
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5 MCHATTON STREET, WAVERTON DEVELOPMENT APPLICATION NO. 20716 Page 27 of 29
September 2013 v1
2) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.
3) In this clause, allotment of land includes a public road and any other public
place.
(Reason: To ensure adjoining owner’s property rights are protected and protect adjoining properties from potential damage)
G. PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE Front Fence G1. The brick wall and palisade front fence is to be reconstructed to match the form of the
existing fence at the completion of the works. The reinstated wall and fence must have a matching brick base and palisade fence with the detailing of the fence and piers to exactly match the existing fence in terms of materials, height, location and detail.
(Reason: To minimise impact on the conservation area)
Infrastructure Repair and Completion of Works G2. 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 to the satisfaction of Council Engineers at no cost to Council; 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)
Covenant & Restriction (Stormwater Control Systems) G3. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and
one copy must be submitted to Council in registrable form, providing for:
a. a restriction as to user and positive covenant as to user as appropriate in favour of North Sydney Council burdening 5 Mchatton Street requiring the ongoing retention, maintenance and operation of the stormwater facility (on-site detention, pump-out and rainwater tanks);
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5 MCHATTON STREET, WAVERTON DEVELOPMENT APPLICATION NO. 20716 Page 28 of 29
September 2013 v1
b. North Sydney Council being nominated in the Instrument as the only party
authorised to release, vary or modify the Instrument;
c. the wording on the Instrument making reference to the Council file/s which hold: (a) the Construction plans; and (b) the “Work-as-Executed” (as built) plans;
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 submission to the Land & Property Information Office for registration
The Instrument creating the restriction and/or covenant under ss 88B and 88E required by this condition of consent must be registered on the Title of the development site prior to the issue of an Occupation Certificate or commencement of use of the site, whichever is the earlier. Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate. All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.
(Reason: Compliance and adequate maintenance of drainage system)
Damage to Adjoining Properties G4. 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 G5. 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)
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5 MCHATTON STREET, WAVERTON DEVELOPMENT APPLICATION NO. 20716 Page 29 of 29
September 2013 v1
Basement Pump-Out Maintenance G6. Prior to issue of an Occupation Certificate a Maintenance Regime must be prepared
for the basement stormwater pump-out system and submitted to the Principal Certifying Authority for approval with the Occupation Certificate documentation. The regime must specify that the system is to be regularly inspected and checked by qualified practitioners. The basement stormwater pump-out system must be maintained in accordance with the approved Maintenance Regime at all times.
(Reason: To ensure future provision for maintenance of the drainage system)
BASIX Completion Certificate G7. In accordance with Clause 154C of the Environmental Planning and Assessment
Regulation 2000, prior to issuing a final occupation certificate the Certifying Authority must apply to the Director-General for a BASIX completion receipt.
(Reason: To ensure compliance with the specified BASIX Certificate) I. ON-GOING / OPERATIONAL CONDITIONS Tennis Court Lighting Illumination Intensity I1. The level of illumination and/or lighting intensity used to illuminate the tennis court
lighting must comply with the requirements of Australian Standard AS4282:1997 Control of the Obtrusive Effects of Outdoor lighting. The lighting poles must be controlled to ensure that excessive light spill or nuisance is not caused to any nearby premises.
(Reason: To ensure that the residential amenity of adjoining properties is not
adversely affected by the nature of the lighting to the tennis court) Hours of Illumination I2. The tennis court shall not be lit between the hours of 8pm and 6am.
(Reason: To ensure that the residential amenity of adjoining properties is not adversely affected by the nature of the lighting to the tennis court)
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60
60
70
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70
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80
90
80
80
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67.8 69.7
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65.5
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59.4
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74.1
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71.8
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70.2
78.4
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69.2
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North Sydney CouncilCopyright:
Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based on information contained in this map without first checking details held by the responsible Government authority.
Further details can be obtained by calling (02) 9936 8100 or e-mail [email protected].
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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.