item - reports · • the relocation of the dumb waiter at roof level from the northern wall of the...

Item ____LPP02_______ - REPORTS -______2/10/19_________

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

NSLPP MEETING HELD ON 2/10/19

Attachments:

1. Site Plan

2. Architectural Plans

3. View sharing analysis prepared by Richard Lamb & Associates

4. Written request pursuant to Clause 4.6 (building height)

ADDRESS/WARD: 8A Henry Lawson Avenue, McMahons Point (W)

APPLICATION No: DA 164/19

PROPOSAL: Alterations and additions to apartment A within the residential flat

building

PLANS REF:

OWNER:

APPLICANT: RAA Architects Pty Ltd

AUTHOR: Luke Donovan, Senior Assessment Officer

DATE OF REPORT: 19 September 2019

DATE LODGED: 11 June 2019

AMENDED: 30 August 2019

RECOMMENDATION: Approval

Drawing Number Revision/Issue Title Drawn by Dated

1824-101 F Plan level 7 RAA Architects Pty Ltd 30 August 2019

1824-102 F Plan level 8 RAA Architects Pty Ltd 30 August 2019

1824-103 F Plan roof RAA Architects Pty Ltd 30 August 2019

1824-104 D Elevations apartment

A East and West

RAA Architects Pty Ltd 30 August 2019


A South and North


1824-109 C section RAA Architects Pty Ltd 30 August 2019

1824-111 C Site plan RAA Architects Pty Ltd 30 August 2019

1824-120 A Plan level 8 existing RAA Architects Pty Ltd 30 August 2019

L01 B Plan/Level 8 Roof

Terrace

Even Spaces May 2019

Report of Luke Donovan, Senior Assessment Officer

Re: 8A Henry Lawson Avenue, McMahons Point

EXECUTIVE SUMMARY

The applicant seeks consent from the North Sydney Local Planning Panel (NSLPP) for

alterations and additions to apartment A, including some internal adjustments to level 7, and an

extension to the observatory and addition of a retractable awning on level 8 of the building. The

residential apartment building is located on land at No. 8 Henry Lawson Avenue, McMahons

Point.

The application is reported to NSLPP for determination given the proposed variation to the

building height control is greater than 10% above the development standard specified in

Clause 4.3(2) in NSLEP 2013 and 10 or more unique submissions were received against the

application.

Council’s notification of the original proposal attracted a total of ten (10) submissions against the

application. The submissions raised particular concerns about view impacts, bulk and scale,

privacy and overshadowing.

The written request provided by the applicant seeking a variation to Clause 4.3 (height of

buildings) has adequately addressed Clause 4.6(3) in NSLEP 2013 and is also considered to be in

the public interest because it is consistent with the objectives of the height of building standard

and the objectives of the R4 High Density Residential zone.

The amended plans have reorientated the position of the retractable awning and lowered the new

roof over the observatory on level 8 by 200mm. The new roof will be a maximum of 110mm

above the top of the existing roof over the observatory on level 8 of the building. The

amendments will ensure a reasonable level of view sharing will be maintained for these

surrounding properties. The new plantings within the existing planter boxes are considered

appropriate given their location on the rooftop and their low mature heights will ensure there are

no additional view impacts for surrounding properties.

The proposal will provide for improved amenity for the residents of apartment A without

materially increasing the bulk or scale of the building.

Following this assessment and having regard to the provisions of Section 4.15 of the

Environmental Planning & Assessment Act, 1979 (as amended), the application is considered to

be reasonable in the site circumstances and recommended for approval, subject to standard and

site-specific conditions of consent.

LOCATION MAP

McMahons Point

HENRY LAWSON RESERVE AVENUEMcMahon's Point

WharfLAWSONHENRY

EAST

CR

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WARUNG STREET

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STREET

PARKER30

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4 24 6

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658

6 062

6 466

6 870

14-28

3335

3 739

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2 4

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1 14 6

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Part CrownLand Reserve

944-690

2

1077

149

7048

5819

9222027

661

115989811

581992

902933 2305941

2 1

206643613575SP 1927

21211

CA

338032

2

D 3380321

5 6002

SP 50787

B

7 6002

SP 44569

5

419012

Y

A442802

C

3 447

00 XY

1 438679

X

71

5043242

SP 9

676

SP 7

5987

SP 18058SP 93336

SP 1

3389

SP 5

70

1

915829

A

1515675

1524518

330192

SP 13674

B

861201Pt 50

861201

Pt 50

2AA

SP 10832

SP 10831SP 64741

SP 31057

SP 15708

34155

322230

SP 7223

86120151

257

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8 5333 81 1

(Le as e - for Va lua tio npur po ses on ly)

SP 5315

2

1572828

SP 53222

(Split for Valuationpurposes only)

SP 10316

325054B

CT 19

(Lease - for Valuationpurposes only)

Re:

Property/Applicant Submittors - Properties Notified

8A Henry Lawson Avenue, McMahons Point - DA 164/19



DESCRIPTION OF PROPOSAL

The applicant seeks consent from the NSLPP for alterations and additions to apartment A

including some internal adjustments to level 7, and an extension to the observatory and addition

of a retractable awning on level 8 of the building. Apartment A occupies levels 7 and 8 of the

residential apartment building. The residential apartment building is located on land at No. 8

Henry Lawson Avenue, McMahons Point. The proposed works, as amended, are detailed below:

Level 7

• The proposed works at level 7 are generally limited to the removal of the internal walls

forming the circular entry foyer, and the provision of a new laundry, bathroom and en-

suite within the apartment.

Level 8

• The proposed works at level 8 are generally limited to the provision of a new en-suite,

extension of the external walls by 1.05 metres to the north and 1.45 metres to the east, and

construction of a new roof over the extended upper level.

• The extension of the observatory to the east will necessitate the removal of part of the

existing planter.

• The roof structure over the observatory will be raised a maximum of 110mm from RL

24.09 to RL24.20.

• The proposed works include the installation of a private internal passenger lift between

Levels 7 and 8 of Apartment A.

• A retractable awning extending out 3m to the south of the existing observatory which is

supported by two posts measuring 100mm x 50mm.

• Re-waterproof existing paved terrace.

• A new low-level planter and low bench with storage on the southern side of the terrace.

Figure 1 – East elevation



Figure 2 – West elevation

Figure 3 – South elevation

Figure 4 – North elevation

STATUTORY CONTROLS

North Sydney LEP 2013

• Zoning – R4 High Density Residential

• Item of Heritage - No

• In Vicinity of Item of Heritage – Yes (Former tram turning circle and McMahons Point

Ferry Wharf)

• Conservation Area - No

• FSBL – N/A



Environmental Planning & Assessment Act 1979 (as amended)

SREP (Sydney Harbour Catchment) 2005

SEPP No. 55 – Remediation of Lands

SEPP (Building Sustainability Index – BASIX) 2004

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The subject building is identified as Lots 1 to 4 in SP53152 and is known as 8 Henry Lawson

Avenue, McMahons Point. The site is located on the north-western side of Henry Lawson

Avenue, opposite McMahons Point Ferry Wharf. The site has an area of approximately 730m²

and is irregular in shape with a splayed frontage to Henry Lawson Avenue of 42.37 metres. The

site includes pedestrian access to and from East Crescent Street to the west. The site is occupied

by a part four, part five storey residential flat building, with two levels of basement car parking.

The building accommodates four (4) apartments, with the subject Apartment A occupying the

upper two (2) levels of the building.

Figure 5 – Looking west from McMahons Ferry Wharf towards the subject building



Figure 6 – Looking west along the access pathway which provides pedestrian access to the building

from East Crescent Street. This access pathway runs alongside the building at 1 East Crescent

Street.

The site is adjoined to the north by a stepped multi-level residential flat building known as No. 6

Henry Lawson Avenue, McMahons Point.

The site is adjoined to the west by a multi level residential flat building known as No. 1 East

Crescent Street. A number of the apartments within this building enjoy views to the south and

south east across the subject site.

Opposite the site to the east is the heritage listed McMahons Point Ferry Wharf and to the south is

Henry Lawson Reserve.

Figure 7 – Aerial photograph of the subject site (hatched in red) and surrounding development

(Source: IFM:Enquiry)



RELEVANT HISTORY

Previous applications

Development Application No. DA1077/89 proposing the construction of a residential flat

building containing 5 units with 12 basement parking spaces accessed via Henry Lawson Avenue.

The parking area and lowest living area are excavated into the rock with the upper levels

corresponding generally with the existing building that existed on the site. A terrace with a glazed

shelter at roof top level. This DAwas approved by the Land and Environment Court on 14

December 1989. This consent subsequently lapsed.

Development Application No. DA1431/91 proposed the same works as that approved under DA

No. 1077/89. This DA was lodged only because this previous consent lapsed. This DA was

approved on 1 July 1992.

A modification application to DA No. 1431/99 was approved on 7 October 1993, which amended

the development to reduce the number of dwellings from 5 to 4.

A further modification application to DA No. 1431 proposing the following:

• modification of the observatory roof material from glass to corrugated metal with a "Gull

Grey" colorbond finish; and

• the relocation of the Dumb Waiter at roof level from the northern wall of the observatory

to the western wall of the bar.

This modification was approved on 15 November 1995.

Figure 8 – East/west section of the development approved under DA1431/91



Development Application No 1336/96 for the strata subdivision of the existing residential flat

building was approved on 6 August 1996.

Current application

A brief history of the current application is summarised in the table below:

Date Action

11 June 2019 The subject application was lodged with Council.

17 June 2019 A stop the letter was sent to the applicant requesting the following:

• A written request pursuant to Clause 4.6 in NSLEP 2013 for proposed

variation to building height development standard in Clause 4.3 in

NSLEP 2013.

• A statement to confirm whether the existing roof top landscaping is

subject to a height covenant or other prior development consent

conditions to limit mature height.

21 June to 5 July

2019

The owners of adjoining properties and the Lavender Bay Precinct

Committee were formally notified of the original application. The

notification of the original proposal resulted in ten (10) submissions

against the application.

24 July 2019 Site inspection of subject site

31 July 2019 Site inspection of objectors’ properties.

31 July 2019 A letter was sent to the applicant raising the following issues:

• The proposal will result in a technical non-compliance with the building

height control in NSLEP 2013. A written request pursuant to Clause 4.6

in NSLEP 2013 seeking a variation to building height control in NSLEP

2013 is therefore required to be submitted to Council.

• The retractable awning will result in some reduction in views for

adjoining properties.

• The raising of the roof height over the observatory on level 8 by 310mm

will result in some reduction in views for adjoining properties.

• Request for additional information to enable a detailed assessment of

the application.

30 August 2019 The applicant submitted additional information and amended plans in

response to Council’s letter dated 31 July 2019:

• Reorientation of the retractable awning, extending a maximum of

3000mm from the southern wall of the observatory on level 8.

• View impact assessment from 3 East Crescent by Richard Lamb and

Associates

o This includes the reduction in height of the proposal by 200mm.

• The plans have been updated to include the following:

o Additional section through lift showing parapet heights;

o Indication of Section BB location;

o View analysis with awning shown;

o View analysis report;



o Plan showing parapet levels etc; and

o Level 8 existing floor plan

• Letter from engineer confirming awning posts to be 100x50mm

• Basix certificate

6 August to 20

August 2019

The owners of adjoining properties and the Lavender Bay Precinct

Committees were formally notified of the amended application. At the time

of drafting this report, the notification of the amended proposal has resulted

in one (1) submissions against the application.

REFERRALS

Building

The application has not been assessed in respect of the National Construction Code (NCC),

however, a condition is recommended requiring compliance with the NCC. Furthermore, should

significant changes be necessary to facilitate the release of a Construction Certificate for the

works included in this application, a Section 4.55 application may be necessary.

SUBMISSIONS

Original application

The original application was notified to surrounding property owners and the Lavender Bay

Precinct Committee between 21 June and 5 July 2019. A total of ten (10 submissions were

received against the original application.

The issues raised in the submissions are summarised in the table below and addressed with

planning comments later in this report.

Basis of Submissions

• The view/aspect looking eastwards towards the Harbour Bridge and Sydney Opera House

from Unit 6 at 1 East Crescent Street will be reduced considerably by the proposed shade

structure.

• Any additional development would definitely cause impacts to the primary view for Unit 6 at

1 East Crescent Street.

• The loss of privacy and views for Units 4 and 6 at 1 East Crescent Street, McMahons Point.

• Objection on the grounds of privacy, security, increased bulk and additional height, concerns

about temporary structures becoming permanent, loss of views and loss of natural light.

• Increased bulk and additional height, concerns about temporary structures becoming

permanent, loss of views and loss of natural light for adjoining residents.

• Degrade my view and therefore quality of life.

• Any increase in height will have an impact.

• Visual impacts on the harbour

• Impact on the lower apartments at 1 East Crescent Street



• The plans lack sufficient detail to determine the extent and nature of the proposed works.

• The shadow diagrams do not indicate the extent of overshadowing caused by the proposal.

• The view sharing report to address the retractable shade structure.

• The retractable awning will lead to an increase in the use of the roof terrace which will lead to

additional overlooking issues for units 4 and 6 at 1 East Crescent Street.

• The new square roof will reduce views of the lower portion of Luna Park including the lower

portion of the Ferris Wheel.

• The retractable awning, associated structure, new metal roof and glazing to the south of the

existing level 8 structure impact views to the water below the North Pylons and in front of

Luna Park.

• Consideration should be given to reorientating the structure to reduce its encroachment to the

south.

• Objection on the grounds of privacy, security, increased bulk and additional height, concerns

about temporary structures becoming permanent, loss of views and loss of natural light.

• The new roof and retractable shade structure obstruct the iconic views of the harbour, harbour

bridge pylon and opera house forecourt from unit 6 at 3 East Crescent Street.

Amended application

The amended application was notified to surrounding property owners and the Lavender Bay

Precinct Committee between 6 September and 20 September 2019. At the time of drafting this

report, one (1) submission was received against the amended application. This submission raised

no new issues. Should any additional submissions raise new issues, an addendum report will be

prepared for the Panel’s consideration.

CONSIDERATION

The relevant matters for consideration under Section 4.15 of the Environmental Planning and

Assessment Act 1979, are assessed under the following headings:

SREP (SYDNEY HARBOUR CATCHMENT) 2005

The subject site is located with the Sydney Harbour Catchment and Foreshores and Waterways

Area pursuant to SREP (Sydney Harbour Catchment) 2005.

Division 2 of the SREP identifies matters for consideration in the assessment of this application.

The relevant matters are considered as follows:

Clause 21 Biodiversity, ecology and environment protection – The proposal will not impact

on biodiversity, ecology or the environment given the works are located within an existing

apartment building.

Clause 22 Public Access to, and use of, foreshores and waterways – The proposal will not

impact on public access given that it is a private property.

Clause 23 Maintenance of a working harbour – The proposal would have no impact upon the

use of the Harbour.



Clause 24 Interrelationship of waterway and foreshore uses – The proposal does not cause

any conflict between the proposed land use and the waterways.

Clause 25 Foreshore and waterways scenic quality – The proposal will not adversely impact

the visual qualities of Sydney Harbour noting that materials and finishes will match existing and

the extension is appropriately designed and sited to minimise its visibility from the foreshore.

Clause 26 Maintenance, protection and enhancement of views – The proposed extension of

the observatory to the north, east and south on level 8 of the building and the raising of the roof

will not be easily discernible from Sydney Harbour. This is because the extension is limited to

1050mm to the north, 1450mm to the east and the retractable awning will extend out 3000mm to

the south. The observatory will be setback minimum of 6240mm from the eastern boundary of the

site. The proposal also involves the raising of the observatory roof by a maximum of 110mm

above the top of the existing observatory roof. The minor increase in bulk and scale to the

observatory on level 8 of the building will not adversely impact existing views to and from

Sydney Harbour.

A site inspection of a number of the surrounding properties in addition to a review of the view

sharing report prepared by Richard Lamb and Associated dated May 2019 and the addendums

dated 29 August 2019 and 9 September 2019 confirm that the proposal will not result in

unreasonable view impacts of Sydney Harbour for surrounding properties.

Clause 29 Referral to the Foreshores and Waterways Planning and Development Advisory

Committee – The application was not required to be referred to the committee given the

proposed works are excluded from Schedule 2 of the SREP.

The subject site is located within the Sydney Opera House buffer zone. Given the relatively minor

extension to the observatory on level 8 of the building and the visual separation, the proposal is

unlikely to adversely impact the world heritage value of the Sydney Opera House. The proposal is

therefore considered to satisfy the objectives in Clause 58B of SREP 2005.

The proposal will not adversely impact the setting of the heritage items opposite in terms of

views or solar access or impact the significance of these items. The proposal is therefore

considered to satisfy the objectives in Clause 59 of SREP 2005.

SEPP 55 (REMEDIATION OF LAND)

The provisions of SEPP 55 require Council to consider the likelihood that the site has previously

been contaminated and to address the methods necessary to remediate the site. The subject site

has only previously been used for residential purposes and as such is unlikely to contain any

contamination; therefore, the requirements of SEPP 55 have been satisfactorily addressed.

SEPP 65 – DESIGN QUALITY OF RESIDENTIAL FLAT DEVELOPMENT

The proposal does not involve the “substantial redevelopment or the substantial refurbishment of

an existing building”, therefore SEPP 65 does not strictly apply. Given the proposal will not

materially alter the design quality of the existing building, the application was not required to be

referred to the Design Excellence Panel for comment. Nevertheless, consideration is given below

to the design quality principles in SEPP 65 and the ADG:

Principle 1 – Context and Neighbourhood Character



The proposal involves a relatively minor extension to the observatory on level 8 of the building.

The works will not be highly visible from the public domain and as such will not alter the context

or character of McMahons Point.

Principle 2 - Built Form and Scale

The extension to the observatory on level 8 of the building is limited to 1050mm to the north,

1450mm to the east and the retractable awning will extend out 3000mm to the south. The

proposal also involves the raising of the observatory roof by a maximum of 110mm above the top

of the existing observatory roof. These works are relatively minor and will ensure an appropriate

built form that does not unreasonably impacts surrounding properties.

Principle 3 – Density

The proposal does not result in a change to the existing number of apartments within the building.

Principle 4 - Sustainability

A BASIX Certificate was submitted with the proposal demonstrating a sustainable design.

Principle 5 – Landscape

The proposal will result in a minor reduction in the size of the planer bed on the northern side of

the terrace with the proposed 1050mm extension of the observatory to the north. The landscape

plan indicates suitable low height landscaping within the existing planter boxes on the roof

terrace to ensure privacy and views are maintained for surrounding properties.

Principle 6 – Amenity

The proposal provides improved amenity for the residents of apartment A without unreasonably

impacting the amenity of surrounding properties.

Principle 7 - Safety and Security

The proposal will not impact safety or security for the residents of apartment A.

Principle 9 – Housing Diversity and Social Interaction

The proposal will have no impact on housing diversity or social interaction. The roof terrace is

for the exclusive use of apartment A.

Principle 10 – Aesthetics

The proposal utilises colours and materials that are consistent with the existing building.



Apartment Design Guide

Clause 29(2)(c) of SEPP 65 requires the consent authority to take into consideration the relevant

controls in the ADG. The proposal will not materially alter existing building separation. The

proposal does not involve an increase in the size of the existing roof terrace. Whilst the use of the

terrace may be increased, reasonable privacy will be maintained with adjoining properties.

Additional planter boxes or privacy screens are not considered necessary or appropriate in the site

circumstances as this will likely impact existing views. The proposal will maintain compliance

with the solar access, natural cross ventilation, storage and private open space requirements

specified in the ADG.

SEPP (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

A valid BASIX Certificate (A345784) was submitted as part of the application demonstrating that

the proposal will meet the government’s requirements for sustainability.

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013 (NSLEP 2013)

Permissibility

The subject site is zoned R4 High Density Residential under the provisions of the North Sydney

Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of alterations and

additions to a residential flat building is permissible with consent.

Objectives of the zone

The proposal will provide improved residential amenity for the occupants without adversely

compromising the amenity of surrounding properties in terms of view, privacy or solar access.

The proposal is considered satisfactory having regard to the relevant objectives of the R4 High

Density Residential zone.

Height of buildings

‘Height of building’ and ‘ground level (existing)’ are defined in NSLEP 2013 as follows:

building height (or height of building)

(a) in relation to the height of a building in metres—the vertical distance from ground

level (existing) to the highest point of the building, or

(b) in relation to the RL of a building—the vertical distance from the Australian Height

Datum to the highest point of the building, including plant and lift overruns, but

excluding communication devices, antennae, satellite dishes, masts, flagpoles,

chimneys, flues and the like.

ground level (existing) means the existing level of a site at any point.

The highest point of the existing building is the top of the existing observatory roof on level 8 of

the building which is RL24.090. The existing ground level directly below this point is the floor

level of Apartment D which is RL 10.00. This results in a maximum building height of 14.09m.



A sloping plane across the site referred to in decision of Commissioner Pearson and Acting

Commissioner Smithson in Stamford Property Services Pty Ltd v City of Sydney & Anor [2015]

NSWLEC 1189, is not considered the correct approach is determining ground level (existing) for

this site. Whilst the applicant has provided a survey plan of existing site levels prior the

construction of the current building this has no relevance to the current site conditions and is

inconsistent with the definition of height of building in NSLEP 2013. Whilst the floor level of

Apartment D may have been excavated, it is considered to be the existing ground level as per

definition in NSLEP 2013.

The proposal would result in a maximum building height of 14.20m above ground level (existing)

resulting in a non compliance with the maximum building height control of 12m specified in

Clause 4.3(2) in NSLEP 2013.

NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area - 730m² Existing Proposed Control Complies

Clause 4.3 – Heights of

Building

14.09m (top of

observatory

roof – Level 8)

14.20m (top of

observatory

roof – Level 8)

12m NO

A written request pursuant to Clause 4.6 in NSLEP 2013 seeking a variation to the building

height control in Clause 4.3(2) in NSLEP 2013 was submitted as part of the amended proposal

and a copy is provided at Attachment 4.

Clause 4.6(3) states the following:

(3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request from

the applicant that seeks to justify the contravention of the development standard by

demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in

the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening

the development standard.

The written request prepared by James Lovell and Associates dated 9 September 2019 has

addressed the five (5) ways expressed by Preston CJ, in Wehbe v Pittwater Council [2007]

NSWLEC 827, which is a common approach to used to demonstrate that strict compliance in

unreasonable and unnecessary in the circumstances of the case.

1. “The objectives of the standard are achieved notwithstanding non-compliance

with the standard;

The proposed development is generally consistent with, or not antipathetic to, the

objectives of the building height control, notwithstanding the potential numerical

variation (only when based on an excavated ground level).



2. The underlying objective or purpose of the standard is not relevant to the

development and therefore compliance is unnecessary;




3. The underlying object or purpose would be defeated or thwarted if compliance

was required and therefore compliance is unreasonable;




Further, strict compliance with the building height control would effectively

prevent the proposed works at the upper level from proceeding in circumstances

where the proposed works will improve the amenity of the existing apartment,

without imposing any significant or unreasonable impacts on the amenity of any

surrounding land.

4. The development standard has been virtually abandoned or destroyed by the

council’s own actions in granting consents departing from the standard and

hence compliance with the standard is unnecessary and unreasonable;

The building height control has not specifically been abandoned or destroyed by

the Council’s actions. Irrespective, the Council has consistently adopted a

reasonably flexible approach to the implementation of development standards

(including the building height control) in circumstances where the objectives of

the control are achieved, notwithstanding numerical variations.

Further, the objectives of Clause 4.6 of the LEP includes to provide “an

appropriate degree of flexibility in applying certain development standards to

particular development”.

5. Compliance with the development standard is unreasonable or inappropriate

due to existing use of land and current environmental character of the

particular parcel of land. That is, the particular parcel of land should not have

been included in the zone.

The zoning of the land remains relevant and appropriate. Irrespective, strict

compliance with the building height control would effectively prevent the

proposed works at the upper level from proceeding in circumstances where the

proposed works will improve the amenity of the existing apartment, without

imposing any significant or unreasonable impacts on the amenity of any

surrounding land.”

This written request has demonstrated that strict compliance is unreasonable and unnecessary as

the objectives of the standard are achieved, notwithstanding the non-compliances with the

building height standard.



The written request has also demonstrated that there are sufficient environmental planning

grounds for contravening the building height control:

• “the potential variation to the building height control only arises if an excavated level is

deemed to be existing ground level for the purposes of calculating building height;

• the proposed development complies with the building height control based on the

topographical conditions of the site prior to construction of the existing building;

• the existing building (and the proposed alterations and additions) would fully comply

with the building height control if it was constructed under the current planning controls,

and based on the existing ground level prior to the construction of the building;

• the proposed development does not contribute to any significant or unreasonable impacts

on the amenity of any surrounding land;

• strict compliance with the building height control (based on an excavated ground level)

would effectively prevent the proposed works at the upper level from proceeding in

circumstances where the proposed works will improve the amenity of the existing

apartment, without imposing any significant or unreasonable impacts on the amenity of

any surrounding land

• the scale of the building when viewed from the public domain will not be antipathetic to

the existing buildings in the locality, or visually jarring when viewed from either the

public domain or the adjoining properties;

• the proposed development is consistent with, or not antipathetic to, the relevant

objectives of the R4 – High Density Residential zone; and

• the proposed development is generally consistent with, or not antipathetic to, the


variation (only when based on an excavated ground level).”


(4) Development consent must not be granted for development that contravenes a

development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters

required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is

consistent with the objectives of the particular standard and the objectives

for development within the zone in which the development is proposed to be

carried out, and

(b) the concurrence of the Secretary has been obtained.

As detailed above, it is considered that the applicant’s written request has adequately addressed

the matters required to be demonstrated by Clause 4.6(3) in NSLEP 2013. Clause 4.6(4)(a)(i) is

satisfied.

The proposed development is considered to be consistent with the objectives of the building

height standard and the objectives of the R4 High Density Residential zone as discussed below.



(a) to promote development that conforms to and reflects natural landforms, by stepping

development on sloping land to follow the natural gradient – The proposed

development does not alter the natural landform of the site.

(b) to promote the retention and, if appropriate, sharing of existing views – The proposed

development would retain a majority of the existing views for surrounding properties and

as such there would be a reasonable level of view sharing for these surrounding

properties. It is noted that a view sharing analysis report and an addendum reports were

prepared by Richard Lamb and Associates dated May 2019, 29 August and 9 September

2019 which has analysed potential view impacts for the most affected apartment being 4

and 6 at 1 East Crescent Street and Unit 6 at 3 East Crescent Street (refer to Attachment

4).

For completeness, consideration has been given below to the 4 step view sharing planning

principle established by Commissioner Roseth in Tenacity Consulting v Warringah

Council [2004] NSWLEC 140.

On 31 July 2019, a site visit was undertaken of Units 4 and 6 at No. 1 East Crescent

Street and Unit 6 at 3 East Crescent Street to understand potential view impacts from the

proposed works.

The assessment below is based on the amended plans that were submitted and notified to

surrounding properties including those properties where a site visit was undertaken. The

key amendments relate to a re-orientation of the retractable awning on the southern side

of the observatory on level 8 and a lowering of the new observatory roof by 200mm, to

RL 24.20, or 110mm above the top of the existing observatory roof (RL24.090).

1. Assessment of views to be affected;

“Water views are valued more highly than land views. Iconic views (eg of the Opera

House, the Harbour Bridge or North Head) are valued more highly than views without

icons. Whole views are valued more highly than partial views, eg a water view in which

the interface between land and water is visible is more valuable than one in which it is

obscured.”

Units 4 and 6 at 1 East Crescent Street enjoys iconic views to the south and south east of

Sydney Harbour, Sydney Harbour Bridge and Sydney Opera House and to north east of

Luna Park. These views are enjoyed, in part, across the subject building.



Figure 9 – Looking east from the living room of Unit 6 at No. 1 East Crescent Street

Figure 10 – Looking south east from living room of Unit 4 at 1 East Crescent Street

Unit 6 at 3 East Crescent Street also enjoys iconic views to the south and south east of

Sydney Harbour, Sydney Harbour Bridge and Sydney Opera House and to the east of

Luna Park.



Figure 11 – Looking south east from balcony of Unit 6 at 3 East Crescent Street

2. Consider from what part of the property the views are obtained.

“For example the protection of views across side boundaries is more difficult than the

protection of views from front and rear boundaries. In addition, whether the view is

enjoyed from a standing or sitting position may also be relevant. Sitting views are more

difficult to protect than standing views. The expectation to retain side views and sitting

views is often unrealistic.”

Units 4 and 6 at 1 East Crescent Street enjoy these views from primarily the living and

private open spaces. These views are enjoyed from both a standing and sitting view and

across what would technically be the rear boundary. Units 4 and 6 at 1 East Crescent

Street also enjoy these views from the bedrooms.

Unit 6 at 3 East Crescent Street enjoys these views from primarily the balcony. These

views are enjoyed from both a standing and sitting view and across the side and rear

boundaries of the site.

3. Assess the extent of the impact in qualitative terms as negligible, minor,

moderate, severe or devastating.

“This should be done for the whole of the property, not just for the view that is affected.

The impact on views from living areas is more significant than from bedrooms or service

areas (though views from kitchens are highly valued because people spend so much time

in them). The impact may be assessed quantitatively, but in many cases this can be

meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes

one of the sails of the Opera House. It is usually more useful to assess the view loss

qualitatively as negligible, minor, moderate, severe or devastating.”



The view impact on Unit 6 at 1 East Crescent Street would be considered negligible. The

retractable awning on the southern side of the observatory would affect a small part of the

view of the lower part of the northern pylon, however the remaining view of the Sydney

Opera House and Sydney Opera House would be unaffected. The raising of the roof over

the observatory on level 8 by 110mm will obscure part of the ferris wheel and the entry

sign to Luna Park, however, the view of the top half of the ferris wheel and top parts of

the entry sign to Luna Park will be retained.

Figure 12 – Photomontage – Looking east from Unit 6 at 1 East Crescent Street (Source: Richard

Lamb and Associates)

The view impact on Unit 4 at 1 East Crescent Street would also be considered negligible.

The raising of the roof over the observatory on level 8 by 110mm and the retractable

awning on the southern side of the observatory would not affect the iconic views of the

Sydney Opera House and Sydney Opera House from the living room and private open

space of this unit. The extension of the observatory to the north would affect a very small

part of the view of the Sydney Harbour Bridge from the bedroom of this unit, however the

majority of the view of the Sydney Harbour Bridge will be retained.

Figure 13 – Photomontage – Looking east from Unit 4 at 1 East Crescent Street (Source: Richard

Lamb and Associates)



The view impact on Unit 6 at 3 East Crescent Street would also be considered negligible.

The raising of the roof over the observatory on level 8 by 110mm and the extension of the

observation to the east by 1450mm will obscure only a small part of the view of the water

and the sea wall and foundation of the Sydney Opera House. A significant part of this sea

wall and foundation to the Sydney Opera House, including promenade and ground level

windows will be retained.

Figure 14 – Photomontage – Looking south east from Unit 6 at 3 East Crescent Street (Source:

Richard Lamb and Associates)

4. Assess the reasonableness of the proposal that is causing the impact.

“A development that complies with all planning controls would be considered more

reasonable than one that breaches them. Where an impact on views arises as a result of

non-compliance with one or more planning controls, even a moderate impact may be

considered unreasonable. With a complying proposal, the question should be asked

whether a more skillful design could provide the applicant with the same development

potential and amenity and reduce the impact on the views of neighbours. If the answer to

that question is no, then the view impact of a complying development would probably be

considered acceptable and the view sharing reasonable.”

The top of the existing roof over the level 8 observatory is RL24.09. The new roof over

the level 8 observatory is RL 24.20 and will sit 110mm higher than the top of the existing

observatory roof. This result in a maximum building height of 14.2m above ground level

(existing) which is 110mm above the existing building height of 14.09m. The retractable

awning will be the same height as the top of the existing roof. This minor increase in

building height, whilst non-compliant with the building height control in NSLEP 2013,

will not unreasonably impact views for surrounding properties. It is considered that a

reasonable level of view sharing will be maintained for these surrounding properties.



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

promote solar access for future development – The additional shadows will

predominantly fall over the existing roof terrace and will not extend beyond the

boundaries of the site. Solar access will be maintained for adjoining properties.

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

residents of new buildings – The proposal will not generate any additional privacy

impacts for adjoining properties.

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

proposal is compatible with surrounding developments that are similarly zoned R4 High

Density Residential.

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

with, and promotes the character of, an area - The proposal will not materially alter the

existing scale of the building, noting that the new roof over the observatory on level 8 is a

maximum of 110mm above the top of the existing roof over the observatory. The

extension to the observatory to the north and east and the new retractable awning to the

south will not be easily visible from the public domain. The proposal will not adversely

affect the character of McMahons Point.

As detailed earlier within this report, the proposal is considered to achieve the objectives of the

R4 High Density Residential zone. This is because the proposal will continue to provide for the

housing needs of the community, add to the variety of housing types, improve amenity for the

occupants while not adversely impacting views, solar access or privacy for surrounding

properties.

The proposed development is therefore considered to be in the public interest. Clause 4.6(4)(a)(ii)

is satisfied.

There is assumed concurrence from the Secretary. Clause 4.6(4)(b) is also satisfied.


(5) In deciding whether to grant concurrence, the Secretary must consider:

(a) whether contravention of the development standard raises any matter of

significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and

(c) any other matters required to be taken into consideration by the Secretary

before granting concurrence.

The proposed breach to the building height development standard is unlikely to create any matter

of significance for State or regional environmental planning. Furthermore, there is unlikely to be

any public benefit in maintaining strict compliance with the building height control.



In conclusion, the written request seeking a variation to the building height control is considered

to be well founded as it has demonstrated that compliance with the standard is unreasonable and

unnecessary in the circumstances of the case, there are sufficient environmental planning grounds

and the breaches to the building height are consistent with the objectives of the building height

control and the R4 High Density Residential zone and therefore in the public interest.

Earthworks

The proposal does not involve any earthworks.

Heritage conservation

The subject site is not heritage listed or fall within a heritage conservation area. The proposal will

not impact on the setting or significance of the heritage listed items opposite being the Former

tram turning circle and McMahons Point Ferry Wharf. The relevant objectives in Clause 5.10 are

therefore satisfied.

Residential flat buildings

Clause 6.12 in NSLEP 2013 is not applicable to this application as the adjoining sites contain

residential flat buildings.

NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013

The proposal has been assessed against the relevant controls in Part B, Sections B1 ‘Residential

Development’ and B10 ‘Carparking’ in NSDCP 2013 as detailed in the table below:

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

complies Comments

1.2 Social Amenity

Population Mix Yes The proposal will not alter the population mix in

McMahons Point

Maintaining Residential Accommodation Yes The proposal will improve residential accommodation on

the site

Affordable Housing N/A The proposal will not result in the loss of affordable

housing in the locality.

Housing for Seniors/Persons with

disability

Yes A lift between levels 7 and 8 provides improved access

within apartment A.

1.3 Environmental Criteria

Topography Yes The proposal does not alter the topography of the site.

Foreshore Frontage Yes The proposal is considered acceptable having regard to the

SREP 2005, as detailed earlier within this report.

Views Yes The proposal will not impact views or vista from the street

or any public place.

A reasonable level of view sharing will be maintained for

surrounding properties as detailed earlier within this report.

Solar Access Yes The additional shadow cast from the awning and extension

of the observatory of level 8 will predominantly fall over

the existing roof terrace at the winter solstice. There will be

no additional solar access impacts for adjoining properties.



Acoustic Privacy Yes There is currently a large roof terrace on level 8 for the

exclusive use of Apartment A. Whilst the use of this terrace

may be increased with the proposed works, it is unlikely to

result in any significant acoustic privacy impacts for

surrounding properties given it will continue to service

only a single residential apartment.

Visual Privacy Yes The proposal will not result in unreasonably privacy

impacts for surrounding properties. There is currently a

high degree of mutual overlooking between the level 8

terrace and the apartments to the west at 1 East Crescent

Street. Additional planter boxes or privacy screens on the

western side of the level 8 terrace would not be appropriate

as this would impact existing iconic views.

1.4 Quality built form

Context Yes The design of the observatory and awning generally

responds to the opportunities and constraints of the site

and wider context.

Streetscape Yes (via

condition)

Appropriate conditions are recommended to ensure the

protection of Council’s infrastructure.

Setback – Side Yes As detailed on Section BB1, the proposal is compliant

with the building height plane and side setback controls in

P2 in Part B, Section 1.4.6 in NSDCP 2013.

Setback - Rear N/A The proposal does not alter the existing rear setback of the

building.

Building Separation No

(acceptable

on merit)

The proposal does not materially alter the existing

building separation. A 7m separation will be provided

between the observatory and the roof terrace of the

apartment building at No. 6 Henry Lawson Avenue. This

building separation is considered acceptable given a

majority of the existing planter box along the northern side

of the observatory will be maintained ensuring a suitable

landscape buffer. Moreover, a screen is proposed to be

attached to the northern glazing of the observatory

ensuring reasonable privacy is maintained between

properties.

The proposal does not alter the existing building

separation with No. 1 East Crescent Street.

Form Massing Scale Yes The proposal results in a minor additional (110mm)

noncompliance with the building height control in NSLEP

2013. As detailed earlier within this report, the written

request pursuant to Clause 4.6 in NSLEP 2103 seeking

variation to the maximum building height control in

NSLEP 2013 is considered to be well founded.

The observatory will have a floor to ceiling height of 2.7m

ensuring good levels of amenity.

The observatory is appropriately setback from the top edge

of the storey below ensuring the intent of Provision P8(b)

in satisfied.

The extension to the observatory and awning on level 8 of

the building will not materially add to the massing or scale

of the building. The proposed works will not be highly

visible from the public domain.

Built Form Character Yes The proposal will not materially alter the built form

character noting that the materials and finishes are

generally consistent with the existing building.



Dwelling Entry Yes The proposal will not alter the existing dwelling entry to

Apartment A. The entry lobby to the apartment on level 7

will be improved with the removal of a number of internal

walls.

Roofs Yes A flat metal roof is considered acceptable is considered

acceptable given the observatory is a roof top structure

thereby assisting in reducing the overall height and

allowing for the retention of a majority for the existing

views for surrounding properties.

Materials Yes The materials are considered acceptable. The extent of

clear glazing will not be easily visible from the public

domain and is reasonable given the unbelievable views

that are available from the observatory of this apartment.

Balconies - Apartments Yes The proposal maintains significant private open space for

this apartment.

1.5 Quality Urban Environment

High Quality Residential

Accommodation

Yes The proposal improves residential accommodation for

Apartment A.

Safety and Security Yes The proposal maintains high levels of safety and security

for this apartment

Vehicle Access and Parking Yes The proposal does not alter the existing number of parking

spaces (2) allocated within the basement to his apartment.

Site Coverage, landscape area, un-built

upon area

N/A The proposal does not alter existing site coverage,

landscape area or un-built upon area as the works are

contained within the existing building footprint.

Landscaping Yes A landscape plan prepared by Even Spaces dated May

2019 was submitted with the application indicating

suitable low height landscaping within the existing planter

boxes on the level 8 roof terrace.

Private and Communal Open Space Yes The proposal provides more useable private open space of

the level 8 roof terrace with the addition of the retractable

awning.

1.6 Efficient Use of Resources

Energy Efficiency Yes (via

condition)

A suitable BASIX certificate was submitted with the

application demonstrating the efficient use of resources.

Relevant Planning Area (McMahons Point Neighbourhood

The proposal is also consistent with the desired built form and desired future character specified

in the McMahons Point Neighbourhood in Part C, Section 9.2 in NSDCP 2013. This is because

views from surrounding properties will be largely preserved and the materials and colours are

consistent with existing and surrounding buildings.

SECTION 7.11 CONTRIBUTIONS

A section 7.11 contribution is not applicable.

SITE SUITABILITY

The proposal is considered suitable for the subject site for the reasons provided throughout 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

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. All relevant S4.15 considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979

SUBMITTERS CONCERNS

The issues raised in the submissions are summarised and addressed with planning comments

below:

• The plans lack sufficient detail to determine the extent and nature of the proposed works

The amended plans have provided additional sections and levels to indicate the extent of works

proposed under this application. These amended plans were notified to surrounding properties.

• The shadow diagrams do not indicate the extent of overshadowing caused by the proposal.

The shadow diagrams prepared for the winter solstice and equinox demonstrate the extent of

shadow cast by the proposal. The additional shadow cast will predominantly fall over the level 8

roof terrace and will not affect solar access for adjoining properties.



• The view sharing report to address the retractable shade structure.

The original view sharing report prepared by Richard Lamb and Associates dated May 2019 and

addendum reports dated 29 August 2019 and 9 September 2019. The reports were accompanied

by an additional photomontage prepared from units 4 and 6 at 1 East Crescent Street that included

the retractable awning in its revised location.

• The retractable awning will lead to an increase in the use of the roof terrace which will

lead to additional overlooking issues for units 4 and 6 at 1 East Crescent Street.

There is currently a large roof terrace on level 8 for the exclusive use of apartment A. Whilst the

use of this terrace may be increased with the proposed works, it is unlikely to result in any

significant privacy impacts for adjoining properties. Additional planter boxes or privacy screens

on the western side of the level 8 terrace would not be appropriate as this would impact existing

iconic views for units 4 and 6 at 1 East Crescent Street, McMahons Point.

• The new square roof will reduce views of the lower portion of Luna Park including the

lower portion of the Ferris Wheel.

• The retractable awning, associated structure, new metal roof and glazing to the south of

the existing level 8 structure impact views to the water below the North Pylons and in front

of Luna Park.

The view impact on unit 6 at 1 East Crescent Street would be considered negligible. The

retractable awning on the southern side of the observatory would affect a small part of the view of

the lower part of the northern pylon, however the remaining view of the Sydney Opera House and

Sydney Opera House would be unaffected. The raising of the roof over the observatory on level 8

by 110mm will obscure part of the ferris wheel and the entry sign to Luna Park, however, the

view of the top half of the ferris wheel and top parts of the entry sign to Luna Park will be

retained.

The view impact on unit 4 at 1 East Crescent Street would also be considered negligible. The

raising of the roof over the observatory on level 8 by 110mm and the retractable awning on the

southern side of the observatory would not affect the iconic views of the Sydney Opera House

and Sydney Opera House from the living room and private open space of this unit. The extension

of the observatory to the north would affect a very small part of the view of the Sydney Harbour

Bridge from the bedroom of this unit, however the majority of the view of the Sydney Harbour

Bridge will be retained.

• Consideration should be given to reorientating the structure to reduce its encroachment to

the south.

The amended plans have reorientated the awning so that it extends out a maximum of 3000mm

from the southern wall of the observatory rather than the 5500mm under the original plans. This

reorientation allows for a greater proportion of the view to be maintained for units 4 and 6 at No.

1 East Crescent Street.



• Objection on the grounds of privacy, security, increased bulk and additional height,

concerns about temporary structures becoming permanent, loss of views and loss of

natural light.

These issues are dealt with throughout this report. In relation to the issue of temporary structures

becoming permanent it would appear that this would be in relation to the retractable awning

extending out on a permanent basis. Whilst this is a possibility, no concern is raised as it has been

demonstrated that there will be no adverse view or shadowing impacts on adjoining properties or

a significant increase in bulk when the awning is extending out the 3m.

Concerns were raised in relation to existing security issues, this situation will not be exacerbated

under this proposal. These security issues appear to arise as a consequence of the design of the

existing building and its close proximity to the terraces of the apartment building at No. 1 East

Crescent Street. As previously mentioned, the addition of planter boxes or solid screens would

not be appropriate on this western edge of the terrace as this will impact views for the apartments

at No. 1 East Crescent Street.

• The new roof and retractable shade structure obstruct the iconic views of the harbour,

harbour bridge pylon and opera house forecourt from unit 6 at 3 East Crescent Street.

The view impact on unit 6 at 3 East Crescent Street would also be considered negligible. The

raising of the roof over the observatory on level 8 by 110mm and the extension of the observation

to the east by 1450mm will obscure only a small part of the view of the water and the sea wall

and foundation of the Sydney Opera House. A significant part of this sea wall and foundation to

the Sydney Opera House, including promenade and ground level windows will be retained.

PUBLIC INTEREST

The recommended approval of the application is unlikely to offend the public interest for the

reasons provided throughout this report.

CONCLUSION

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

Plan 2013, North Sydney Development Control Plan 2013 and relevant State Planning Policies

and generally found to be acceptable in the site circumstances.

The written request provided by the applicant seeking a variation to Clause 4.3 (height of

buildings) has adequately addressed Clause 4.6(3) in NSLEP 2013 and is also considered to be in

the public interest because it is consistent with the objectives of the height of building standard

and the objectives of the R4 High Density Residential zone.

The amended plans have reorientated the position of the retractable awning and lowered the new

roof over the observatory on level 8 by 200mm. The new roof will be a maximum of 110mm

above the top of the existing roof over the observatory on level 8 of the building. The

amendments will ensure a reasonable level of view sharing will be maintained for these

surrounding properties. The new plantings within the existing planter boxes are considered

appropriate given their location on the rooftop and to ensure there are no additional view impacts

for surrounding properties.



The proposal will provide for improved amenity for the residents of Apartment A without

materially increasing the bulk or scale of the building.

Following this assessment and having regard to the provisions of Section 4.15 of the

Environmental Planning & Assessment Act 1979 (as amended), the application is considered to

be reasonable in the site circumstances and recommended for approval subject to conditions of

consent.

RECOMMENDATION

PURSUANT TO SECTION 4.16 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

THAT the North Sydney Local Planning Panel, exercising the functions of Council as the

consent authority, assume the concurrence of the Director General of the Department of Planning

and invoke the provisions of Clause 4.6 NSLEP2013 with regards to the non-compliance with

Clause 4.3 (Building Height) and grant consent to Development Application No. 164/19 for

alterations and additions to apartment A within the residential flat building on land at 8 Henry

Lawson Avenue, McMahons Point subject to the following site specific conditions and the

attached standard conditions:-

Retractable Awning

I1. As per the Engineering Certificate prepared by Outrigger dated 29 August 2019, the

retractable awning must be completely retracted when winds in excess of 100km/h are

forecast by the Bureau of Meteorology.

(Reason: To ensure safety)

Luke Donovan David Hoy

SENIOR ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS)

Stephen Beattie

MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

8A HENRY LAWSON AVENUE, MCMAHONS POINT

DEVELOPMENT APPLICATION NO. 164/19

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.

Drawing No. Revision/Issue Title Drawn By Dated

1824-101 F Plan Level 7 RAA Architects Pty Ltd 30 August 2019

1824-102 F Plan Level 8 RAA Architects Pty Ltd 30 August 2019

1824-103 F Plan Roof RAA Architects Pty Ltd 30 August 2019


A East and West



A South and North


1824-109 C Section RAA Architects Pty Ltd 30 August 2019

1824-111 C Site Plan RAA Architects Pty Ltd 30 August 2019

1824-120 A Plan Level 8 existing RAA Architects Pty Ltd 30 August 2019

L01 B Plan/Level 8 Roof

Terrace

Even Spaces May 2019

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

accordance with the determination of Council, Public Information)

Plans on Site

A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction

Certificate) must be kept on site at all times so as to be readily available for perusal by

any officer of Council or the Principal Certifying Authority.

All documents kept on site in accordance with this condition must be provided to any

officer of the Council or the certifying authority upon their request.

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

accordance with the determination of Council, Public Information and

to ensure ongoing compliance)

ATTACHMENT TO LPP02 - 2/10/19


DEVELOPMENT APPLICATION NO. 164/19 Page 2 of 15

September 2013 v1

No Demolition of Extra Fabric

A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

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

Dilapidation Report Damage to Public Infrastructure

C1. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the

existing public infrastructure in the vicinity of the development site. Particular

attention must be paid to accurately recording any pre-developed damaged areas so

that Council is fully informed when assessing any damage to public infrastructure

caused as a result of the development. A copy of the dilapidation survey and report is

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

Construction Certificate.

The developer may be held liable for all damage to public infrastructure in the vicinity

of the site, where such damage is not accurately recorded and demonstrated as pre-

existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public

infrastructure damaged as a result of the carrying out of the development, and no

occupation of the development shall occur until damage caused as a result of the

carrying out of the development is rectified.

A copy of the dilapidation survey and report must be lodged with North Sydney

Council by the Certifying Authority with submission of the Construction Certificate

documentation.

(Reason: To record the condition of public infrastructure prior to the

commencement of construction)

Structural Adequacy of Existing Building

C2. 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)




September 2013 v1

Waste Management Plan

C3. A Waste Management Plan is to be submitted for approval by the Certifying Authority

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

limited to:

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

and operation phases of the development;

b) The design of the on-site waste storage and recycling area; and

c) Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the

carrying out of the development.

(Reason: To encourage the minimisation of waste and recycling of building

waste)

External Colours and Finishes

C4. The external colours and finishes shall match those as existing and/ or be compatible

with surrounding development. A schedule of external colours and finishes must be

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

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

and specifications submitted, referenced on and accompanying the issued

Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that the completed colours and finishes of the works are

compatible with surrounding development)

Roofing Materials - Reflectivity

C5. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected

roofing material must not cause a glare nuisance or excessive reflectivity to adjoining

or nearby properties. Plans and specifications which comply with this condition must

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

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

and specifications submitted, referenced on and accompanying the issued

Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that excessive glare or reflectivity nuisance from roofing

materials does not occur as a result of the development)




September 2013 v1

Stormwater Disposal

C6. Stormwater runoff generated by the approved development must be conveyed by

gravity to the existing site stormwater drainage disposal system. A licensed

tradesman shall install plumbing components to achieve this requirement in

accordance with the BCA and current plumbing standards and guidelines. Plans and

specifications which comply with this condition must be submitted to the Certifying

Authority for approval prior to the issue of any Construction Certificate. The

Certifying Authority must ensure that the building plans and specifications submitted,

referenced on and accompanying the issued Construction Certificate, fully satisfy the

requirements of this condition.

(Reason: To ensure appropriate provision for disposal and stormwater

management arising from the development)

Asbestos Material Survey

C7. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or

otherwise of asbestos contamination and, if asbestos contamination is present, making

recommendations as to the work required to safely address the contamination.

Any demolition works or other works identified in the report as having to be carried

out must be carried out in accordance with the recommendations of the report and the

following:

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

contractor;

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

WorkCover Authority in relation to the removal, handling and disposal of

material containing asbestos and any Work Safe Australia requirements.

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

REMOVAL IN PROGRESS” must be erected in a visible position at the

boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof

of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the

issue of any Construction Certificate. The Certifying Authority must ensure that the

report, and other plans, referenced on and accompanying the issued Construction

Certificate, fully satisfy the requirements of this condition.

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

building is not put at risk unnecessarily)




September 2013 v1

Security Deposit/ Guarantee Schedule

C8. 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 ($)

Footpath Damage Bond $2,000.00

TOTAL BONDS $2,000.00

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

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

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

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

(Reason: Compliance with the development consent)

BASIX Certificate

C9. 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. (A345784) 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)

Amendments to the Landscape Plan

C10. The landscape plan must be amended as follows:

• The awning and posts to be reoriented in accordance with the architectural

plans that form part of Condition A1 of this consent.

An amended landscape plan 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 amended landscape plan and other plans

and specifications submitted fully satisfy the requirements of this condition.

(Reason: To ensure residential amenity)




September 2013 v1

D. Prior to the Commencement of any Works (and continuing where indicated)

Commencement of Works Notice

D1. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North

Sydney Council of the person’s intention to commence building work, demolition or

excavation in accordance with this development consent.

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

commencement of any building work, demolition or excavation)

E. During Demolition and Building Work

Cigarette Butt Receptacle

E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

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

Re-use of Sandstone

E2. Sandstone blocks (if any) removed from the site are to be either stored for re-use on

site or offered to Council in the first instance.

Note: The provisions of the Heritage Act may also apply to altering any sandstone

elements on any site)

(Reason: To allow for preservation of cultural resources within the North Sydney

Council area)

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)




September 2013 v1

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 AS1742-3 (1996) “Traffic Control

Devices for Work on Roads”. If pedestrian circulation is not satisfactorily

maintained across the site frontage, and action is not taken promptly to rectify

the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Temporary Disposal of Stormwater Runoff

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

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

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

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

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

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

satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Removal of Extra Fabric

E6. 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)




September 2013 v1

Dust Emission and Air Quality

E7. The following must be complied with at all times:

(a) Materials must not be burnt on the site.

(b) Vehicles entering and leaving the site with soil or fill material must be

covered.

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

emissions in accordance with the NSW Department of Housing’s 1998

guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as

to prevent nuisance occurring at adjoining properties.

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

Noise and Vibration

E8. 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

E9. The developer must bear the cost of all works associated with the development that

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

(Reason: To ensure the proper management of public land and funds)

Special Permits

E10. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must

occur entirely on the property.

The developer, owner or builder may apply for specific permits available from

Council’s Customer Service Centre for the undermentioned activities on Council’s

property. In the event that a permit is granted by Council for the carrying out of

works, processes, storage of materials, loading and unloading associated with the

development on Council's property, the development must be carried out in

accordance with the requirements of the permit. A minimum of forty-eight (48) hours

notice is required for any permit: -




September 2013 v1

1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the

hours of operation, the area of operation, etc. Separate permits are required for

each occasion and each piece of equipment. It is the developer's, owner’s and

builder’s responsibilities to take whatever steps are necessary to ensure that the

use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

2) Hoardings

Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class

hoarding is to alienate a section of Council’s property, that section will require

a permit for the occupation of Council’s property.


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

Council’s property

Permits to utilise Council property for the storage of building materials and

building waste containers (skips) are required for each location. Failure to

obtain the relevant permits will result in the building materials or building

waste containers (skips) being impounded by Council with no additional

notice being given. Storage of building materials and waste containers on open

space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the

development. Should alteration of existing kerbside restrictions be required,

or the provision of a construction zone, the appropriate application must be

made and the fee paid to Council. Alternatives to such restrictions may

require referral to Council’s Traffic Committee and may take considerable

time to be resolved. An earlier application is suggested to avoid delays in

construction programs.


Construction Hours

E11. 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.




September 2013 v1

Demolition and excavation works must be restricted to within the hours of 8.00 am to

5.00 pm Monday to Friday only. For the purposes of this condition:

a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of

service installation and the unloading of plant, machinery, materials or the like.

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

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

demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, rock breakers, excavators, loaders, or the like, regardless of

whether the activities disturb or alter the natural state of the existing ground

stratum or are breaking up/removing materials from the site and includes the

unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact

telephone number, which is to be clearly visible and legible from any public place

adjoining the site.

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

expectations of residents and the community)

Site Amenities and Facilities

E12. 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

E13. 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.




September 2013 v1

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

E14. Building materials must not be placed on Council's footpaths, roadways, parks or

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

this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)

Plant & Equipment Kept Within Site

E15. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within

the boundaries of the site (unless a permit is obtained from Council beforehand) and

so placed that all concrete slurry, water, debris and the like must be discharged onto

the building site, and is to be contained within the site boundaries.

Details of Council requirements for permits on public land for standing plant,

hoardings, storage of materials and construction zones and the like are available on

Council’s website at www.northsydney.nsw.gov.au.

(Reason: To ensure public safety and amenity on public land)

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

relevant Legislation

National Construction Code

F1. All building work must be carried out in accordance with the provisions of the

National Construction Code.

(Reason: Prescribed - Statutory)

Home Building Act

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

exemptions provided in the Home Building Act 1989) for which the Home

Building Act 1989 requires there to be a contract of insurance under Part 6 of

that Act must not be carried out unless the Principal Certifying Authority for

the development to which the work relates has given North Sydney Council

written notice of the contract of insurance being issued and of the following:


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



September 2013 v1

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

appointed:

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

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

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit

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

2) If arrangements for doing residential building work are changed while the

work is in progress such that the information submitted to Council in

accordance with this conditions is out of date, work must cease and no further

work may be carried out unless the Principal Certifying Authority for the

development to which the work relates (not being the Council), has given the

Council written notice of the updated information.

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

Home Building Act 1989 that states that a person is the holder of an insurance

policy issued for the purposes of that Part is, for the purposes of this clause,

sufficient evidence that the person has complied with the requirements of that

Part.


Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying

Authority for the building work in accordance with the provisions of the EP&A Act

and its Regulations.

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

prior to the commencement of any building work, demolition or

excavation)

Construction Certificate

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

must not be commenced until a Construction Certificate for the relevant part of the

building work has been issued in accordance with the provisions of the EP&A Act and

its Regulations.

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

prior to the commencement of any building work, demolition or

excavation)




September 2013 v1

Occupation Certificate

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

building (new building includes an altered portion of, or an extension to, an existing

building) unless an Occupation Certificate has been issued in relation to the building

or part. Only the Principal Certifying Authority appointed for the building work can

issue an Occupation Certificate.

(Reason: Statutory)

Mandatory Critical Stage Inspections

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

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

the appointed Principal Certifying Authority.

(Reason: Statutory)

Demolition

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

Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible

manner and protect adjoining property and persons from potential

damage)

Site Sign

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

a) stating that unauthorised entry to the work site is prohibited;

b) showing the name of the principal contractor (or person in charge of

the work site), and a telephone number at which that person may be

contacted at any time for business purposes and outside working hours;

and

c) showing the name, address and telephone number of the Principal

Certifying Authority for the work.

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

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





September 2013 v1

G. Prior to the Issue of an Occupation Certificate

Infrastructure Repair and Completion of Works

G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

a. in the road reserve must be fully completed; and

b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not

limited to, delivery vehicles, waste collection, contractors, sub contractors,

concrete vehicles) must be fully repaired;

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

(Reason: Maintain quality of Public assets)

Damage to Adjoining Properties

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

adjoining properties. Adjoining owner property rights and the need for owner’s

permission must be observed at all times, including the entering onto land for the

purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected)

Asbestos Clearance Certificate

G3. For building works where asbestos based products have been removed or altered, an

asbestos clearance certificate signed by an appropriately qualified person (being an

Occupational Hygienist or Environmental Consultant) must be submitted to and

approved by the Certifying Authority (and a copy forwarded to Council if it is not the

Certifying Authority) for the building work prior to the issue of any Occupation

Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or

b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all

asbestos waste has been disposed of at an approved asbestos waste disposal depot. If

asbestos is retained on site the certificate must identify the type, location, use,

condition and amount of such material.

Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au

(Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants)




September 2013 v1

BASIX Completion Certificate

G4. 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)

Landscape Plan

G5. The landscaping shown in the approved landscape plan indicated in Condition A1 of

this consent except as amended by Condition C10 must be completed prior to the

issue of any Occupation Certificate.

(Reason: To ensure compliance)

I. On-Going / Operational Conditions

Retractable Awning

I1. As per the Engineering Certificate prepared by Outrigger dated 29 August 2019, the

retractable awning must be completely retracted when winds in excess of 100km/h are

forecast by the Bureau of Meteorology.

(Reason: To ensure safety)


39.1

36.9

36.4

36.6

35.4

34.2

35.7

38.1

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34.9

35.8

36.9

40.3

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44.5

47.6

44.6

37.6

54.0

4.121.5

26.3

5.220.3

32.0

32.7

50.7

33.5

27.0

35.0

27.4

37.9

58.6

18.5

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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].

North Sydney Council


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