item - reports · n o r t h s y d n e y c o u n c i l r e p o r t s nsipp meeting held on...

Item ____IPP03_______ - REPORTS -______03/08/16_________

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

NSIPP MEETING HELD ON 03/08/2016

Attachments

1. Site Plan

2. Plans

ADDRESS/WARD: 22 Pine Street Cammeray (T)

APPLICATION No: DA 104/16

PROPOSAL: Substantial alterations and additions to dwelling including double

garage and swimming pool.

PLANS REF:

Plan No. Issue Title Drawn by Received

BJP/F/A0 - Existing BJP Architects 28 June 2016

BJP/F/A2 - Living level BJP Architects 28 June 2016 BJP/F/A3 - Bedroom level BJP Architects 28 June 2016 BJP/F/A4 - Roof plan BJP Architects 28 June 2016 BJP/F/A6 - Elevations N + E BJP Architects 28 June 2016 8BJP/F/A - Section BB BJP Architects 28 June 2016 BJP/F/A7 - Elevation W and Sect AA BJP Architects 28 June 2016 DA-L01B - Revised Landscape Plan Trish Dobson 28 June 2016

OWNER: C Foulardi

APPLICANT: BJP Architects Pty Ltd

AUTHOR: Geoff Mossemenear, Executive Planner

DATE OF REPORT: 20 July 2016

DATE LODGED: 5 April 2016

AMENDED: 4 May 2016, 28 June 2016

RECOMMENDATION Approval

Report of Geoff Mossemenear, Executive Planner

Re: 22 Pine Street, Cammeray

EXECUTIVE SUMMARY

This development application seeks Council’s approval for substantial alterations and additions

to the dwelling including a double garage and swimming pool. The application is referred to

NSIPP due to the public interest.

Council’s notification of the original proposal attracted three submissions raising particular

concerns about bulk of building, loss of views and outlook, building out of character with area,

overshadowing, setbacks, fence, double garage, landscaping, excavation and loss of on street

parking. The applicant was requested to respond to a number of concerns from Council and

amended plans were submitted on 28 June 2016. The submitters were advised of the changes and

invited to make further comments. One submission was received concerning the proposed front

balcony causing shadowing and privacy impacts. The assessment has considered these concerns

as well as the performance of the application against Council’s planning requirements.

Following this assessment the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.

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Re:

Property/Applicant Submittors - Properties Notified

22 Pine Street, Cammeray - DA 104/16


Re: 22 Pine Street Cammeray

DESCRIPTION OF PROPOSAL

The application seeks approval for substantial alterations and additions to the existing dwelling

involving the following works:

Extension of the existing roof toward the rear of the residence and cladding of the

extended gable roof with terracotta tile, no higher than the existing finished roof height.

Demolition of the existing skillion roofed areas at the rear of the residence.

Demolition of the single garage located to the rear yard and construction of a new double

width garage accessed from Bellevue Street.

Alteration of the existing floor level to provide lower and upper floor levels.

Construction of a swimming pool adjacent to the northern boundary and set above and

screened from the public footpath.

Alteration of the existing street elevation with extension of new floor levels out to the

line of the existing enclosed front verandah.

New balcony to upper level

New fencing to street frontage

Provision of new landscaping to the rear and front yards.

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R2 Low Density Residential

Item of Heritage – No

In Vicinity of Item of Heritage – Yes - Electricity substation in Bellevue Street

Conservation Area – Yes (Plateau Conservation Area)

Environmental Planning & Assessment Act 1979

SEPP 55 - Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

POLICY CONTROLS

DCP 2013

Basix

DESCRIPTION OF LOCALITY

The subject site is legally described as Lot D in DP 301154 and is located on the corner of

Bellevue Street and Pine Street Cammeray. The site has a frontage of 10.06m to Pine Street and

36.455m to Bellevue Street with a site area of 367m² and is encumbered by a Right of Way

across the southern part of the site to allow access to adjacent sites.

The site currently contains an existing dwelling, garage, extensive paved areas to the front (Pine

St) and rear and a vegetated rock outcrop abutting Pine Street.

The surrounding area is with the Plateau Conservation Area and consists mainly of single

dwellings.



RELEVANT HISTORY

The current application was submitted to Council on 5 April 2016. Additional information was

sought on 13 April 2016 with regard to shadow diagrams, Basix for new dwelling due to the

substantial alterations and demolition proposed, stormwater plan, demolition plan and details of

driveway crossing. This information was submitted on 4 May 2016.

Concerns were raised with the applicant during assessment of the application and amended plans

were submitted on 28 June 2016 making the following changes:

Setback of the pool from the north to allow additional landscaping and screening of the

pool

Change to timber balustrading around deck and pool

Setback of entry gate to define the entry better

Setback of the garage from the street to allow better access and crossing arrangements

Change colorbond metal roof to terra cotta tiles

Setback of deck from side boundaries for privacy

Establish picket fence to 1200mm on western boundary and 1500mm on eastern

boundary

Change windows from aluminium to western red cedar to fit into streetscape

Modified materials and colour schedule.

The amended plans are the subject of this assessment.



REFERRALS

Building

The proposal would have to comply with the Building Code of Australia. A condition can be

imposed to ensure compliance.

Heritage

Council’s Conservation Planner (L Varley) has provided the following comments:

1. Heritage Status and Significance

The property is a Neutral item and is located within the Plateau Conservation Area. The dwelling

is a modified Inter-War bungalow that addresses Bellevue St and is barely visible from Pine St

due to the reserve located infront. The proposal will generally retain the form, scale and character

of the bungalow and will utilise a characteristic palette of materials.

2. Heritage Impact Assessment

a) North Sydney LEP 2013 Clause 5.10

The proposed works to the dwelling are considered to satisfy this clause as the form and

character of the building will generally be retained. The proposed balcony on the front façade is

considered to be acceptable as it is to be located on a previously modified façade and will not

result in detrimental heritage impacts. The proposed double garage is not supported as they are

not characteristic to the conservation area.

b) North Sydney DCP 2013

An assessment of the proposal, with reference to Part B Section 13 of the North Sydney DCP

2013 has been made with the following elements of the DCP being of note:

13.4 Development in the Vicinity of Heritage Items

13.6.1 General Objectives

O1 - Ensure that new development is designed to retain and complement the character and

significance of the conservation area- The proposed double garage is not supported as it is not

characteristic to the conservation area. The new works to the dwelling are considered to be

acceptable as the overall form and character of the building will be sympathetic to the

conservation area.

13.6.1 General Objectives - The removal of the unsympathetic paving within the front setback is

supported as it is an uncharacteristic element.

13.6.2 Form, Massing and Scale

Objective O1 - To ensure new development has a compatible and complimentary building form

and scale to that which characterises the conservation area- The resultant building form and

scale of the dwelling will be consistent with the conservation area.

13.6.3 Roofs

Objective O1 - To maintain the characteristic roof profiles and roofing materials within a

heritage conservation area- The replacement terracotta tiles are characteristic to the conservation

area. No objection is raised to the hipped roof on the garage.



13.9.3 Verandahs and Balconies – The proposed balcony on the Pine St elevation is considered

to be acceptable as it will not be easily seen from Pine St due to the public reserve that separates

the dwelling from street. It has also been designed to be shallow in depth and with a timber

picket style balustrade.

13.9.4 Materials

Objective O1 - To ensure that materials and finishes are consistent with the characteristic

elements of the heritage item or heritage conservation area- The proposed materials are

complimentary to the traditional palette used in the conservation area. Timber window frames

are recommended by condition.

13.9.5 Garages and Carports

Objective O1 - To ensure that vehicular accommodation does not detrimentally impact upon the

significance of the heritage item or heritage conservation area- A single garage is recommended

as double garages are not characteristic to the conservation area.

3. Conclusion

The revised proposal is considered to be acceptable with the exception of the double garage. It is

recommended that this be reduced to a single garage. Subject to the resolution of the garage,

following conditions are recommended……….

Engineering/Geotechnical

Council’s Development Assessment Engineer (Z Cvetkovic) has raised no objection to the

amended proposal and has recommended a number of conditions.

Landscaping

Council’s Landscape Development Officer has advised that the amended proposal is considered

to satisfy Clause 5.9 of NSLEP 2013 as well as Sections 1.5.8-1.5.10 of Part B NSDCP 2013 and

has recommended a number of conditions.

SUBMISSIONS

The owners of adjoining properties and the Plateau Precinct were notified of the proposed

development on 22 April 2016. The notification resulted in the following submissions.

Basis of Submissions

Out of character

Bulk of building

Colorbond roof inappropriate

Fence height of 1800mm to Bellevue Street excessive

Garage roof diminishes district views

Overshadowing

Overshadowing from garage

Impact on street view from garage

Out of character

Impacts from excavation

Loss of street parking with double garage



Overshadowing of back garden

Balcony results in loss of sunlight

Double garage out of character with street

Loss of on street parking

Amended plans were submitted on 28 June 2016. The submitters were advised of the plans on 30

June 2016 and that their previous submissions would be considered with regard to the amended

plans and invited to make further comment should they wish.

One submission was received concerning the proposed front balcony causing shadowing and

privacy impacts. Any privacy impact can be addressed by requiring a privacy screen on the

western edge of the balcony.

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:

The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP

2013 as indicated in the following compliance tables. More detailed comments with regard to the

major issues are provided later in this report.

NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area - 367m² Proposed Control Complies

Clause 4.3 – Heights of Building 7m 8.5m YES

DCP 2013 Compliance Table

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

complies Comments

1.2 Social Amenity

Maintaining Residential Accommodation Yes Single dwelling maintained

1.3 Environmental Criteria

Topography No Excavation is proposed within the walls and the rear yard as

well the front yard for the pool. A geotechnical report and

structural engineers report were submitted with the

application stating that the excavation can be carried out and

the existing walls and foundations would withstand the

proposed excavation structurally. Specific conditions are

recommended to ensure that works do not cause damage to

adjoining properties.

Views Yes The dwelling and garage are well under the height controls

and minor impact on outlook would occur but not such that

would warrant refusal of the application

Solar Access Yes Shadow diagrams submitted also show elevational shadows.

The diagrams show there are no additional impacts on the

windows of 88 Bellevue Street or the rear or front yard of 20

Pine Street. The amended plans have reduced the size of the

upper level deck that could have produced some shadow.



Visual Privacy Yes New windows are proposed facing the streets only. The

northern balcony has been set in from the side wall so as not

to impact on the privacy of No.20 Pine Street.

1.4 Quality built form

Context Yes The amended plans are considered appropriate with regard to

scale and materials and acceptable within the conservation

area.

Streetscape Yes Change in materials now considered acceptable.

Setback – Side No The side setbacks of the dwelling remain the same as the

walls are retained. The garage setback has been increased

slightly from the southern boundary but reduced in length.

Form Massing Scale Yes The form and scale of the dwelling is satisfactory. Council’s

Conservation Planner does not support the double garage as

it is not characteristic in the conservation area. The plans

were modified to have a pitch tile roof and the garage has

been setback 1m from the street. However, the extension to

the garage and the proposed pool has resulted in excess site

cover. Either the pool has to be deleted or the garage be

reduced to a single garage.

Built Form Character Yes The new works to the dwelling are considered to be

acceptable as the overall form and character of the building

will be sympathetic to the conservation area.

Roofs Yes The replacement terracotta tiles are characteristic to the

conservation area. No objection is raised to the hipped roof

on the garage.

Materials Yes The proposed materials are complimentary to the traditional

palette used in the conservation area. Timber window frames

are recommended by condition.

Front Fences Yes The amended plan is to establish picket fence to 1200mm

height on western boundary and 1500mm on eastern

boundary which is appropriate.

1.5 Quality Urban Environment Vehicle Access and Parking Yes/No Two spaces are permitted for a single dwelling although a

double garage is not characteristic in the conservation area.

The garage results in excess site cover that cannot be

supported

Site Coverage No The proposed site coverage is 55% which exceeds the 50%

maximum recommended by around 20m². This equates to

deletion of the swimming pool or half of the garage and the

elevated bridge access to the dwelling. This can be

conditioned to comply. Reducing the garage and the office

under would address the heritage concern with the

streetscape as well as reducing the amount of excavation

proposed on the site.

Landscape Area No The landscaped area is 28.4% of the site which is under the

minimum requirement of 30%. Reducing the site cover

would increase landscape area to an acceptable amount.

Excavation No Extensive excavation is proposed within the rear yard and

walls of the house in addition to the pool, however it is still

under the maximum recommended of 70%. A geotechnical

report and structural engineers report were submitted with

the application stating that the excavation can be carried out

and the existing walls and foundations would withstand the

proposed excavation structurally. Specific conditions are

recommended to ensure that works do not cause damage to

adjoining properties.

Swimming Pools No The pool is elevated by up to 2.5m above existing ground

level at the front of the site and only 1.2m from the Pine

Street boundary. The pool does not comply with the

minimum setback of 1200mm from the side boundaries. With

the required pool fencing of 1200mm, the pool would

dominate the corner of Pine Street and Bellevue Street and

would be about 3.7m above the footpath.



1.6 Efficient Use of Resources Energy Efficiency Yes Basix certificate submitted.

NORTH SYDNEY LEP 2013

Permissibility within the zone

The proposal is permissible with consent.

Zone Objectives

Objectives of zone of the R2 Low Density Residential

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

environment.

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

of residents.

To encourage development of sites for low density housing, including dual occupancies,

if such development does not compromise the amenity of the surrounding area or the

natural or cultural heritage of the area.

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

The proposal is generally consistent with the zone objectives.

Building Heights

The works involve excavation into the site that retains the existing side walls and main roof

structure. The height of the dwelling is within the 8.5m height control.

Excavation of Land

Extensive excavation is proposed within the envelope of the dwelling and in the rear yard to

provide for an excavated yard, office studio with double garage above. The swimming pool at the

front of the site will also require some excavation but will be substantially above the footpath

levels at the corner of the site.

Heritage Conservation

The proposed works to the dwelling are considered to satisfy this clause as the form and character

of the building will generally be retained. The proposed balcony on the front façade is

considered to be acceptable as it is to be located on a previously modified façade and will not

result in detrimental heritage impacts. The proposed double garage is not supported as they are

not characteristic to the conservation area.

SEPP 55 and Contaminated Land Management Issues

The subject site has been considered in light of the Contaminated Lands Management Act and it

is considered that as the site has been used for residential purposes for many years, contamination

is unlikely.



SREP (Sydney Harbour Catchment) 2005

The subject site is not within part of North Sydney that is required to be considered pursuant to

SREP (Sydney Harbour Catchment) 2005.

DEVELOPMENT CONTROL PLAN 2013

Relevant Planning Area (The Plateau Conservation Area)

The application has been assessed against the relevant controls in DCP 2013. The following

aspects of the proposal are unacceptable and need to be addressed.

Site Cover

Site Cover includes buildings, garages, decks, swimming pool and elevated bridges. The

proposed site coverage is 55% which exceeds the 50% maximum recommended by around 20m².

To reduce the site coverage to a compliant level equates to deletion of the swimming pool or half

of the garage and the elevated bridge access to the dwelling. This has been conditioned to comply

with Condition C1.

Landscaped area

Landscaped area is considered to comprise all parts of a site used for growing plants, grasses and

trees, but does not include any building, structure or hard paved area. The landscaped area is

28.4% of the site which is under the minimum requirement of 30%. Reducing the site cover

would increase landscape area to an acceptable amount.

Excavation

Objectives of the excavation controls are: to retain existing vegetation and allow for new

substantial vegetation and trees; to minimise the adverse effects of excavation on the amenity of

neighbouring properties; to minimise excavation and site disturbance so as to retain natural

landforms, natural rock faces, sandstone retaining walls and the like and to retain natural water

runoff patterns and underground water table and flow patterns; and to ensure the structural

integrity of adjoining properties. Extensive excavation is proposed within the rear yard and walls

of the house in addition to the pool, however it is still under the maximum recommended of 70%.

A geotechnical report and structural engineers report were submitted with the application stating

that the excavation can be carried out and the existing walls and foundations would withstand the

proposed excavation structurally. Specific conditions are recommended to ensure that works do

not cause damage to adjoining properties. Further modifications required to the pool will assist in

retaining the natural rock faces along Pine Street.

Double garage

The provision of street access should not compromise streetscape, building form and landscaped

area, or heritage significance. The double garage is not supported by Council’s Conservation

Planner as it is not characteristic to the conservation area. The site cover of the proposal exceeds

the maximum of 50% and the reduction of the garage to a single garage would reduce the site

cover to a compliant amount as well as increase landscape area to compliance and reduce the

amount of excavation. This can be conditioned. This requirement forms part of Condition C1.



Fencing

The provision of a 1500mm high picket fence along the Bellevue Street boundary is satisfactory.

The proposed pool height and location would result in the pool fence exceeding the fence height

substantially adjoining the stairs in Bellevue Street and the Pine Street footpath. Accordingly the

pool needs to be setback further from the street boundaries and lowered further to ensure the top

of the pool fence does not exceed the height of the boundary fence at the corner of the pool

closest to the street corner. To satisfy this criteria, the pool needs to be setback 3m from Pine

Street; 1.2m from Bellevue Street; lowered by 600mm and the pool fence be no higher than RL

78.5.

Swimming pool

Pools, spas and any associated structures (such as pool coping levels, surrounding decks and the

like) are not to exceed 500mm above ground level (existing). Pools and any associated structure

must be set back a minimum of 1.2m from any property boundary. The pool is elevated by up to

2.5m above existing ground level at the front of the site and only 1.2m from the Pine Street

boundary. The pool does not comply with the minimum setback of 1.2m from the side

boundaries. With the required pool fencing of 1.2m, the pool would dominate the corner of Pine

Street and Bellevue Street and would be about 3.7m above the footpath. The pool needs to be

setback a minimum of 1.2m from the side boundaries, lowered and setback further from Pine

Street to lessen its impact as outlined above. The required design changes are included in

Condition C1.

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 NA

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979



SUBMITTERS CONCERNS

Overshadowing from garage and overshadowing of back garden

Shadow diagrams demonstrate that the garage will not impact on the rear yard or affect windows

of the adjoining dwelling in Bellevue Street.

Balcony results in loss of sunlight

The upper level northern boundary has been reduced in size in the amended plans so that it will

not cause overshadowing.

Impact on street view from garage

The garage has been set back 1m from the street and will not impact on street views. It is noted

that the existing carport structure is located closer to the street than the proposed garage.

Double garage out of character with street

Council’s Conservation Planner has not recommended the double garage as it is not characteristic

in the Conservation Area. The proposal exceeds the maximum site cover requirement under

Council’s DCP and a single garage will reduce site cover and will present better to the streetscape

although it is also noted that the proposed garage is about 1400mm wider than the existing

structure.

Garage roof diminishes district views

The pitch tile roof is considered satisfactory and its impact on views from across the street would

not warrant refusal of the application. Reducing the garage to a single garage will result in a

lower ridge height for the garage.

Loss of street parking with double garage

The crossing for a double garage would not result in the loss of street parking. A double garage

would in fact take a vehicle off the street providing the garage is used for two vehicles.

Impacts from excavation

Appropriate conditions are recommended to reduce impacts as much as practical.

Out of character

The amended plans have addressed Council’s concerns other than the garage and modifications

to the pool. The applicant has made changes to the roof, windows and fencing that are now

acceptable to Council’s Conservation Planner.

Bulk of building

The bulk of the dwelling is acceptable and retains the existing ridge height. A reduction in the

garage size will reduce the bulk of building near the street alignment and be compliant with the

site cover control.

Colorbond roof inappropriate

The roof has been changed to terracotta tiles under the amended plans.

Fence height of 1800mm to Bellevue Street excessive

The fence has been changed to a 1500mm picket type fence.



CONCLUSION

The amended plans has been assessed under the relevant NSLEP 2013 and NSDCP 2013 controls

and further minor modifications are considered necessary to satisfy these controls. The site

coverage as proposed is excessive, the double garage is not supported and the pool needs to be

modified to reduce its impact to the public domain.

The reduction of the garage to a single garage was raised with the applicant however the client

insisted on keeping a double garage as part of the proposal. The assessment has considered the

concerns raised by Council’s Conservation Planner and the submitters as well as the performance

of the application against Council’s planning requirements.

The provision of street access should not compromise streetscape, building form and landscaped

area, or heritage significance. The double garage is not supported by Council’s Conservation

Planner as it is not characteristic to the conservation area. The site cover of the proposal exceeds

the maximum of 50% and the reduction of the garage to a single garage would reduce the site

cover to a compliant amount as well as increase landscape area to compliance and reduce the

amount of excavation.

The pool is elevated by up to 2.5m above existing ground level at the front of the site and only

1.2m from the Pine Street boundary. The pool does not comply with the minimum setback of

1.2m from the side boundaries. With the required pool fencing of 1.2m, the pool would dominate

the corner of Pine Street and Bellevue Street and would be about 3.7m above the footpath. The

pool needs to be setback a minimum of 1.2m from the side boundaries, lowered and setback

further from Pine Street to lessen its impact as outlined above.

RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

THAT the North Sydney Independent Planning Panel, as the consent authority, grant consent to

Development Application No.104/16 subject to the attached conditions.

Geoff Mossemenear Stephen Beattie

EXECUTIVE PLANNER MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

22 PINE STREET, CAMMERAY

DEVELOPMENT APPLICATION NO. 104/16

A. Conditions that Identify Approved Plans

Development in Accordance with Plans/documentation

A1. The development must be carried out in accordance with the following drawings and documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Issue Title Drawn by Received

BJP/F/A0 - Existing BJP Architects 28 June 2016 BJP/F/A2 - Living level BJP Architects 28 June 2016 BJP/F/A3 - Bedroom level BJP Architects 28 June 2016 BJP/F/A4 - Roof plan BJP Architects 28 June 2016 BJP/F/A6 - Elevations N + E BJP Architects 28 June 2016 8BJP/F/A - Section BB BJP Architects 28 June 2016 BJP/F/A7 - Elevation W and Sect AA BJP Architects 28 June 2016 DA-L01B - Revised Landscape Plan Trish Dobson 28 June 2016

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information)

Plans on Site

A2. A copy of all stamped approved plans, specifications and documents (including the plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.

All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information and to ensure ongoing compliance)

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

documented on the approved plans. Any demolition of the walls shown as to be retained will result in the requirement for a new development application.

(Reason: To ensure compliance with the approved development)

ATTACHMENT TO IPP03 - 03/08/16

22 PINE STREET, CAMMERAY DEVELOPMENT APPLICATION NO. 104/16 Page 2 of 27

September 2013 v1

External Finishes & Materials A4. External finishes and materials must be in accordance with the submitted schedule

prepared by BJP Architects and received by Council on 28 June 2016 unless otherwise modified by Council in writing.

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

accordance with the determination of Council, Public Information) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Modifications to plans C1. The plans are to be modified with regard to the garage (and studio under) and

swimming pool as follows: The double garage shall be replaced with a single garage no wider than 3.5m and 6m

in length in a similar location to the existing carport so that the existing crossing can be utilised. The garage shall retain a pitch tile roof.

The swimming pool shall be lowered by 600mm to be no higher than RL 77.3 and the pool edge and pool fencing located no closer than 3m from the Pine Street frontage with the top of the pool fence adjacent to the side boundaries and Pine Street being no higher than RL 78.5. The pool edge shall be no closer than 1.2m from the western and eastern boundaries.

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 reduce site coverage and impacts on the public domain) Terracotta Roof Tiles C2. Terracotta roof tiles shall be unglazed Marseilles profile. 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 be sympathetic to the conservation area) New Windows and Doors

C3. New windows and doors on the Bellevue Street elevation shall be timber framed. 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 be sympathetic to the palette of materials used in conservation area)



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Sandstone Retaining Wall C4. The retaining wall to northern boundary to be a maximum of 850 mm height and to

use rock-faced sandstone blockwork and/or cladding. 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 be sympathetic to the palette of materials used in the conservation

area) Dilapidation Report Damage to Public Infrastructure

C5. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

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

commencement of construction) Dilapidation Report Private Property (Excavation) C6. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.



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The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.

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

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

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

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

(Reason: To record the condition of property/ies prior to the commencement of construction)

Shoring for Adjoining Property C7. Where any shoring for excavation is to be located on or is supporting Council’s

property, or any adjoining private property, engineering drawings certified as being adequate for their intended purpose by an appropriately qualified and practising structural engineer, showing all details, including the extent of encroachment and the method of removal and de-stressing of shoring elements, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. A copy of this documentation must be provided to the Council for record purposes.

Note: Approval of engineering drawings for shoring works to be located on adjoining property by the Certifying Authority does not authorise a trespass on private or public land. All relevant permissions/ legal rights must be obtained to undertake any works on adjoining land.

(Reason: To ensure the protection of existing public infrastructure and adjoining properties)



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Structural Adequacy of Adjoining Properties – Excavation Works C8. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining properties No’s. 20 Pine Street and 88 Bellevue Street, Cammeray, which certifies their ability to withstand the proposed excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

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

in close proximity during excavation works) Structural Adequacy of Existing Building C9. A report prepared by an appropriately qualified and practising structural engineer,

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

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

Geotechnical Report C10. A report prepared by an appropriately qualified Geotechnical Engineer certifying that

the existing rock formations and substrate on the site is capable of: a) withstanding the proposed loads to be imposed; b) withstanding the extent of the proposed excavation, including any

recommendations for shoring works that may be required to ensure the stability of the excavation;

c) providing protection and support of adjoining properties; and d) the provision of appropriate subsoil drainage during and upon completion of

construction works

must be submitted for approval by the Certifying Authority prior to the issue of any Construction Certificate.

Recommendations made in the certified report must be complied with at all times.

Building plans and specifications submitted for approval with any construction certificate application must comply with (a), (b), (c) and (d) above and the certified report, including any recommendations made in the said certified report.



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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 structural integrity of the subject site and adjoining sites

during the excavation process) Sediment Control C11. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:

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

processes; b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during

construction.

All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites)



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Colours, Finishes and Materials (Conservation Areas) C12. The finishes, materials and exterior colours shall be complementary to the

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

complementary to the Conservation Area) Stormwater Management and Disposal Design Plan C13. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified drainage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council: a) Compliance with BCA drainage requirements, Councils Engineering

Performance guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity via existing stormwater lines.

c) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.

Details demonstrating compliance are to be submitted with the Construction Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C14. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $2,500.00 to be held by Council for the payment of cost for any/all of the following:

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

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



September 2013 v1

b. completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with this consent

c. Remedying any defects in any such public work that arise within 1 year for

stormwater and 6 months for major road works and 2 months for vehicular crossing & small associated footpath works, after the work is completed.

The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee). The security will be refundable following the expiration of defect risk period for the particular type of work as specified above (under c)), from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - where the damage constitutes a hazard in which case Council may make use of

the security immediately; the applicant has not repaired or commenced repairing damage within 48

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

works in the public road associated with the development are to an unacceptable quality; and

the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

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

appropriate quality for new public infrastructure) Tree Bond for Public Trees C15. Prior to the issue of any construction certificate, security in the sum of $9,000.00

must be provided to Council for the protection of trees in public places, including the making good of any damage caused to such trees. The security is to be provided in accordance with the Schedule below.

. The security must be provided by way of:

a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.



September 2013 v1

If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work. In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings. Callistemon viminalis 3m On Council’s verge Callistemon viminalis 3m On Council’s verge Tristaniopsis laurina 5m On the road reserve (Reason: Protection of existing environment public infrastructure, community

assets and significant trees) Protection of Trees C16. The following tree(s) are required to be protected and retained as part of the

development consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Callistemon viminalis 3m On Council’s verge Callistemon viminalis 3m On Council’s verge Tristaniopsis laurina 5m On the road reserve 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. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets)

Approval for Removal of Trees

C17. The following palms(s) are approved for removal in accordance with the development

consent:

Tree Location Height (m) 3 x Syagrus romanzoffiana Northern garden 5m



September 2013 v1

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets)

Amendments to the Landscape Plan C18. The landscape plan must be amended as follows to provide an appropriate landscaped

setting:

Pedestrian entry gate from Bellevue St to be inset a minimum of 500mm to provide a landscape setting to the street.

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)

Security Deposit/ Guarantee Schedule C19. All fees and security deposits/ guarantees in accordance with the schedule below must

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

Security deposit/ guarantee Amount ($) Street Tree Bond (on Council Property) $9,000.00 Footpath Damage Bond $2,500.00 TOTAL BONDS $11,500.00

(Reason: Compliance with the development consent)

Asbestos Material Survey C20. 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:



September 2013 v1

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)

Air Conditioners in Residential Premises C21. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or

(ii) before 7.00am or after 10.00pm on any other day

(a) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity)



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Swimming Pool Pumps on Residential Premises C22. The Certifying Authority must be satisfied that the swimming pool pump to be

installed on the premises must not:

a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(i) before 8.00am and after 8.00pm on any Sunday or Public Holiday; or

(ii) before 7.00am or after 8.00pm on any other day

(b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals .

“boundary” includes any window or elevated window of an affected residence.

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority.

Details demonstrating compliance with the requirements of this condition must be submitted to the Certifying Authority prior to the issue of the Construction Certificate. (Reason: To maintain residential amenity)

Pool Access C23. Access to the pool must be restricted by a child resistant barrier in accordance with

the regulations prescribed in the Swimming Pools Act 1992, and the barrier is to conform to the requirements of the applicable Australian Standard. 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 safety of children and make applicant aware of the need

to comply with applicable pool fencing legislation)



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Swimming Pool Water to Sewer C24. The swimming pool, including overflow water, must be drained to the sewer. The

consent of Sydney Water to dispose of wastewater must be obtained prior to the issue of any Construction Certificate. Plans and specifications complying with this condition and any conditions/ requirements of Sydney Water 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 comply with this condition and any conditions/ requirements imposed by Sydney Water.

(Reason: Water from a swimming pool is classified as wastewater and cannot be

legally disposed of into the stormwater system) Pool Filter C25. The pool filtering equipment must be encased by a soundproof cover and must be

located six (6) metres from any habitable room in a dwelling on a neighbouring property. 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 noise generated by equipment does not result in offensive

noise) BASIX Certificate

C26. 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. (724861S) 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)

Privacy Screen to deck

C27. A privacy screen shall be installed on the western edge of the front first floor balcony to a minimum height of 1500mm above the floor level of the balcony.

(Reason: To protect the privacy of No. 20 Pine Street)



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

Protection of Trees

D1. All trees that are specifically nominated to be retained by notation on plans or by condition as a requirement of this consent must be maintained and protected during demolition, excavation and construction on the site in accordance with AS4970-2009 (Protection of trees on development sites). A report containing recommendations, and methods of tree protection prepared by an appropriately qualified person must be provided to the Certifying Authority for approval by an appropriately qualified person prior to commencement of any works on the site. Any recommendations must be undertaken for the duration of works on the site.

(Reason: To ensure compliance with the requirement to retain significant

planting on the site) Public Liability Insurance – Works on Public Land D2. Any person or contractor undertaking works on public land must take out Public Risk

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

(Note: Applications for hoarding permits, vehicular crossings etc will require evidence of insurance upon lodgement of the application.)

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

Sydney Water Approvals

D3. Prior to the commencement of any works, the approved plans must be submitted to Sydney Water to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The Certifying Authority must ensure that Sydney Water has appropriately stamped the plans before the commencement of building works. Notes:

Sydney Water Building Plan Approvals can be obtained from the Sydney Water Tap in™ online service. Building plans must be submitted to the Tap in™ to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met. For further information visit http://www.sydneywater.com.au/tapin/index.htm or call 13 000 TAP IN (1300 082 746) for further information.



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(Reason: To ensure compliance with Sydney Water requirements)

Commencement of Works Notice

D4. Building work, demolition or excavation in accordance with this development consent must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

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

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

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

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

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

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

compromised during works) Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be

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



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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 E4. 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)

Service adjustments E5. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Geotechnical Stability during Works E6. A contractor with specialist excavation experience must undertake the excavations for

the development and a suitably qualified and consulting geotechnical engineer must oversee the excavation procedure.



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Geotechnical aspects of the development work, namely appropriate excavation method and vibration control, support and retention of excavated faces, and hydrogeological considerations must be undertaken in accordance with the recommendations of the consulting geotechnical engineer and all subsequent geotechnical inspections carried out during the excavation and construction phase. Approval must be obtained from all affected property owners, including North Sydney Council where rock anchors (both temporary and permanent) are proposed below adjacent private or public property.

(Reason: Ensure appropriate professional are engaged at appropriate stages

during construction) Removal of Extra Fabric E7. Should any portion of the existing building, trees, or curtilage of the site which is

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

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

Dust Emission and Air Quality E8. The following must be complied with at all times:

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

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

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

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

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)



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Noise and Vibration E9. The works must be undertaken in accordance with the “Interim Construction Noise

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

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E10. The developer must bear the cost of all works associated with the development that

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

(Reason: To ensure the proper management of public land and funds) No Removal of Trees on Public Property

E11. No trees on public property (footpaths, roads, reserves, etc.) unless specifically approved by this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community assets)

Special Permits

E12. Unless otherwise specifically approved in writing by Council, all works, processes, storage of materials, loading and unloading associated with the development must occur entirely on the property.

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

1) On-street mobile plant

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

(Reason: Proper management of public land)



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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.

(Reason: Proper management of public land) Construction Hours E13. Building construction and works must be restricted to within the hours of 7.00 am to

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

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

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

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

structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.



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

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

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

expectations of residents and the community) Out of Hours Work Permits E14. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.

2) Applications for out of hour’s works should be lodged with Council no later than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include: the erection of awnings, footpath, road and other infrastructure works which can not be

carried out for public convenience reasons within normal hours, the erection and removal of hoardings and site cranes, and craneage of materials which cannot be done for public

convenience reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; extended concrete pours works which are solely to convenience the developer or client, and catch up works required to maintain or catch up with a

construction schedule.



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5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

(Reason: To ensure that works do not interfere with reasonable amenity expectations of residents and the community)

Installation and Maintenance of Sediment Control E15. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Site Amenities and Facilities E16. Where work involved in the erection and demolition of a building is being carried out,

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

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

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

site) Health and Safety E17. All work undertaken must satisfy applicable occupational health and safety and

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

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

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

site)



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Prohibition on Use of Pavements E18. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to this effect must be erected adjacent to the street alignment.

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

Plant & Equipment Kept Within Site E19. All plant and equipment used in the undertaking of the development/ works, including

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

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

Asbestos Removal E20. All demolition works involving the removal and disposal of asbestos cement must

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

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

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

Building Code of Australia.

(Reason: Prescribed - Statutory)



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

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

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

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

6 of that Act, or

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

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

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

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

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

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

(Reason: Prescribed - Statutory)

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

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

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

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



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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


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

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

(Reason: Statutory)

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

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. Building work, demolition or excavation in accordance with this development consent

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

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


Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must



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be properly guarded and protected to prevent them from being dangerous to life or property.

3) Demolition work must be undertaken in accordance with the provisions of

AS2601- Demolition of Structures.

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

Protection of Public Places F9. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

3) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work has been

completed.

5) No access across public reserves or parks is permitted.

Note: Prior to the erection of any temporary fence or hoarding over property owned or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.

(Reason: To ensure public safety and the proper management of public land) Site Sign

F10. 1) A sign must be erected in a prominent position on the site

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

b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

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



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

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

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

development:

a. 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)

Utility Services G2. All utility services shall be adjusted, to the correct levels and/or location/s required by

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

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

Pool Access G3. Access to the pool must be restricted by a child resistant barrier in accordance with

the regulations prescribed in the Swimming Pools Act 1992, and the requirements of the applicable Australian Standard. The pool must not be filled with water or be allowed to collect stormwater until the installation of the child resistant barrier is completed. Certification from an appropriately qualified person confirming compliance with these requirements must be provided prior to the issuing of any Occupation Certificate.

(Reason: To ensure that any person acting upon this consent is aware of their

obligations under the provisions of the Swimming Pools Act)



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Pool Safety Requirements G4. A notice must be displayed in a prominent position in the immediate vicinity of the

pool at all times showing:

a) Appropriate instructions of artificial resuscitation methods.

b) A warning stating:

(i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, and

(ii) “POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and (iii) “KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900

MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”,

Details demonstrating compliance are to be provided with any Occupation Certificate issued for the pool. This notice must be kept in a legible condition and at the poolside.

(Reason: To ensure an adequate level of safety for young pool users)

Landscaping G5. The landscaping shown in the approved Revised Landscape Plan numbered 1603-DA-

L01B prepared by Trish Dobson Landscape Architecture dated 20 June 2016 and received by Council on 20 June 2016 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance)

Unpaved Verge G6. The unpaved verge area must be constructed/reconstructed with an appropriate

species of grass prior to completion of the works at no cost to Council

(Reason: To ensure that community assets are presented in accordance with reasonable community expectations)


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North Sydney CouncilCopyright:

Copyright @ Norh Sydnsy Council- No paÉ of this mp mây be reproduædwithout pêrm¡ss¡on. Commerciât dec¡sions should rct b€ made based on¡nformation ænlained ¡n this map wifhout f¡rst chocking details h€ld by theresponsible Government author¡iy.

Fudher dotails can bo obtain€d by ølling (02) 9936 8100 or e-ma¡lmappinq@northsydnêy.nswgov.au.


For privacy reasons, the architectural plans have been removed

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

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

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

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