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Item ____IPP01_______ - REPORTS -______07/10/2015_________
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 07/10/2015
Attachments:
1. Site Plan
2. Drawings
3. Shadow diagrams
4. Clause 4.6 (height)
ADDRESS/WARD: 1 Waiwera Street, Lavender Bay (V)
APPLICATION No: DA 158/15
PROPOSAL: Alterations and additions to a dwelling
PLANS REF: Drawings numbered DA05 to DA14, Rev.3 dated 1/6/15, drawn
by Corben Architects, and received by Council on 6/7/15
OWNER: Graham Cranswick-Smith (at time of lodgement)
Carolyn Petre (current owner)
APPLICANT: Carolyn Petre
c/- Corben Architects
AUTHOR: Susanna Cheng, Senior Assessment Officer
DATE OF REPORT: 22 September 2015
DATE LODGED: 19 May 2015
AMENDED: 6 July 2015
SUBMISSIONS: One (1)
RECOMMENDATION: Approval
Report of Susanna Cheng, Senior Assessment Officer Page 2
Re: 1 Waiwera Street, Lavender Bay
EXECUTIVE SUMMARY
This development application seeks Council‟s approval for alterations and additions to a
dwelling, including rear two storey infill addition to the south-east corner of the existing
dwelling.
The subject property is a heritage item and is located within the McMahons Point North
Conservation Area. The dwelling is a free-standing house design with its primary facade facing
towards Sydney harbour to the south- east and with the rear addressing Waiwera Street. The
dwelling has been substantially modified internally and externally under preceding development
applications.
The application is reported to NSIPP for determination as the application involves
variation to Council’s maximum Building Height control under Clause 4.3 of NSLEP 2013
which exceeds 10%.
The maximum building height for the site is 8.5m pursuant to clause 4.3 of NSLEP 2013. The
proposed building height of up to 9.38m exceeds the height control for the site of 8.5m by 0.88m
(10.4%), which is attributable to the height of the proposed new roof form for the 2-storey infill
addition.
The variation has been assessed against the objectives of the provision and is considered to be
reasonable and justifiable in the circumstances of the case. The 2-storey infill addition will be
located at and below the existing ridge and behind the primary rear building line of the subject
and adjoining dwellings, will not result in any material shadow or view impacts on adjoining
residences and is sympathetic designed to match the form, massing and character of the heritage
listed building. .
The development will result in a minor increase in the existing non-compliant site coverage. The
variation of 4% above the maximum 50% is supported in this instance as the density and built
form within the site will remain similar to existing and characteristic of comparable properties in
the vicinity of the site. The development will also result in a net increase in landscape area, and
maintain adequate outdoor amenity for the property.
Council‟s notification of the proposal has attracted one (1) submission raising particular
concerns about stormwater drainage. The assessment has considered these concerns as well as
the performance of the application against Council‟s planning requirements. The submitted
stormwater concept plans provide for improvements to the existing drainage system. The
concept plans have been reviewed by Council‟s Development Engineer and found to be
satisfactory, subject to conditions, including detailed design prior to incorporate surface drainage
interception to prevent stormwater egress into adjacent properties and a positive covenant to be
placed on the title of the property to ensure ongoing maintenance of the system by the property
owner.
Following this assessment the development application is considered to be reasonable in the
circumstances and is recommended for approval subject to conditions.
LOCATION MAP
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Re: Page 3
Property/Applicant Submittors - Properties Notified
1 Waiwera Street, Lavender Bay - DA 158/15
Report of Susanna Cheng, Senior Assessment Officer Page 4
Re: 1 Waiwera Street, Lavender Bay
DESCRIPTION OF PROPOSAL
The application seeks approval for alterations and additions to a dwelling (Attachment 2),
including the following:
New 2-storey infill on south eastern corner of dwelling to accommodate kitchen & deck
at ground and bedroom on fist floor (Figure 1);
Construction of a double garage, in place of double carport, and modification of
laundry/storage room below;
Demolition of front wall & planters and replace with new landscaping & fencing; and
New suspended planter box and glazed balustrade at eastern (rear) boundary adjacent
pool (Figure 2).
Figure 1 – Perspectives of proposed alterations & additions
Figure 2 – Elevation & section showing new planter suspended from existing pool structure
STATUTORY CONTROLS
NSLEP 2013
Zoning – R3 Medium Density Residential
Lot size – 230m2
Height of building – 8.5m
FSR – None specified
Item of Heritage – Yes (I0352)
In Vicinity of Item of Heritage – Yes (4 & 16-22 Waiwera St; 47 & 49 East Crescent St)
Conservation Area – McMahons Point North Conservation Area (CA13)
FSBL – No
Environmental Planning & Assessment Act 1979
SEPP (BASIX) 2004
SEPP No. 55 – Contaminated Lands
Report of Susanna Cheng, Senior Assessment Officer Page 5
Re: 1 Waiwera Street, Lavender Bay
SREP (Sydney Harbour Catchment) 2005
Local Development
POLICY CONTROLS
NSDCP 2013
DESCRIPTION OF LOCALITY
The site is located on the south eastern side of Waiwera Street north of East Crescent Street
(Figure 3). The site is rectilinear in shape and has an angled frontage of 13.1m to Waiwera
Street and area of 493.2m2. The site falls to the southeast, toward Lavender Bay, and the land
drops sharply at the rear boundary to the property at No.8 in Bay View Street below.
Figure 3 – Aerial photo showing site
Report of Susanna Cheng, Senior Assessment Officer Page 6
Re: 1 Waiwera Street, Lavender Bay
The site is occupied by a 2-storey detached dwelling that presents its primary façade towards the
harbour to the east. The rear of the building addresses Waiwera Street, by way of a double
carport with a fabric awning and roller door, and a high masonry and glass block wall. A
swimming pool is located in the backyard adjacent to stepped patio decks and a barbecue area.
Photographs of the site are contained in Figure 4.
Figure 4 – Front & rear of site
Report of Susanna Cheng, Senior Assessment Officer Page 7
Re: 1 Waiwera Street, Lavender Bay
Surrounding development is predominantly residential, and characterised by a mix of building
typologies. The site is adjoined by 2-storey terraces with attics to the northeast, and a 2- & 3-
storey walk-up flat building to the southwest (Figure 5). A swimming pool is located in the
subject backyard, above and adjacent to the eastern boundary with the rear-adjoining property at
No.8 Bay View Street (Figure 6).
Figure 5 – Rear view of dwelling adjoining flat building to the south & terraces to the north
Figure 6 – Edge of pool deck approximately 3m above retaining wall below at No.8 Bay View Street
RELEVANT HISTORY
DA43/00 for alterations and additions to a dwelling including demolition works and extensions at
front and rear was approved on 9/9/99.
DA71/06 for minor alterations including new ensuite, new window at upper floor, new guest
bathroom at ground floor and new window to kitchen was approved on 10/5/06.
DA328/06 for alterations and additions including changes to original fenestration on the primary
façade, removal of the interior detailing, replacement of existing doors with windows, was
approved on 10/10/06.
The subject DA158/15 was lodged on 19/5/15. Site inspections were conducted on 18/6/15 &
1/7/15 in which Council raised various concerns with the proposal, including window design and
structural stability of works in the vicinity of the pool. On 6/7/15 Council received an amended
DA, including replacement of glass block openings with obscure glass vertically proportioned
windows on the southern elevation, and addition of a glass balustrade and planter box suspended
from the existing pool structure.
Report of Susanna Cheng, Senior Assessment Officer Page 8
Re: 1 Waiwera Street, Lavender Bay
REFERRALS
Railcorp (Sydney Trains)
The site is within 50m of a railway corridor, being an underground alignment of the North Shore
Railway Line, and as such, the application was referred to Railcorp pursuant to clause 87 of State
Environmental Planning Policy (Infrastructure) 2007 in relation to impact of rail noise or vibration on
non-rail development. On 21/9/15 Sydney Trains advised that no issues are raised with the proposed
development.
Building
The proposal would have to comply with the Building Code of Australia. Conditions can be
imposed to ensure compliance.
Engineer
The application, including the submitted concept stormwater drainage plan, was referred to
Council‟s Development Engineer who did not raise any objection to the proposal on engineering
grounds, subject to conditions, including requirement for a stormwater management and disposal
design that prevents any stormwater egress into adjacent properties by creating physical barriers
and surface drainage interception and pump-out facilities, and restriction and positive covenant as
to user, as appropriate, in favour of North Sydney Council burdening the subject property
requiring the ongoing retention, maintenance and operation of the stormwater facility (pump-out
and charged lines).
The amended DA, in particular, in relation to the proposed suspended planter adjacent the pool,
was referred to the Engineer who raised no objection to the works, subject to a condition
requiring structural certification to be submitted by a suitably qualified structural engineer
confirming the pool is structurally adequate to support the planter loads.
The Engineer has also advised that the existing vehicular crossing is fit for purpose for the
current and proposed extended garage entrance; however, any proposal to widen the layback
would require a separate application.
Heritage
The application was referred to Council‟s Conservation Planner who has identified the site as
follows:
The subject property is a heritage item and is located within the McMahons Point
North Conservation Area. It is also located in the vicinity of nearby heritage items
located at 4 Waiwera Street, 47 and 49 East Crescent Street.
The dwelling is a Victorian Filigree 2-storey free-standing house which, together
with the adjacent two terraces, forms a group of fine 19th
century housing. The
primary facade faces the harbour and the rear addresses Waiwera Street. It has been
modified with a Federation style two-storey addition on its south side as well as a
single-storey addition towards the street frontage.
Report of Susanna Cheng, Senior Assessment Officer Page 9
Re: 1 Waiwera Street, Lavender Bay
The building was at one time used as two apartments, the reinstated as a single
dwelling. Changes to the original fenestration on the primary facade were approved
under DA328/06 as well as much of the removal of the interior detailing. There is an
existing double carport with a fabric awning and panel lift door.
The Conservation Planner has conducted an assessment of the proposed works in terms of Part 5
Clause 5.10 (Heritage Conservation) of the North Sydney LEP 2013 and section B13 (Heritage
and Conservation) of the North Sydney DCP 2013, and provided the following advice.
No objection is raised to the proposed widening of the garage by approximately
400mm as the proposed demolition of the opaque glass block wall along the front
boundary will open new views to the dwelling and will allow for a positive
streetscape presentation of the garden courtyard to the street. The proposed front
boundary changes will therefore assist in enhancing the character of the
conservation area.
No objection is raised to the extension of the contemporary southern wing on both
levels as it will be set behind the front building line and is not an original wing.
These works will only be visible from the public domain at considerable distance
such as the Luna Park wharf and as a small slot view from Waiwera Street.
The proposed fenestration change to the South-West Elevation is not supported as
the proposed new windows will be visible from the public domain as an oblique view
across 1A Waiwera Street and are to be located on the original building. It is
recommended that they be re-proportioned to be sympathetic to the character of the
existing windows.
The proposed interior alterations are generally acceptable as the interior has been
previously heavily modified. No objection is raised to the removal of the
contemporary interior staircase and replacement with new, the conversion of the
existing Kitchen into a Study or to the reconfiguration of the bathrooms and
bedrooms on the First Level. Objection is raised however, to the complete removal
of the nib walls that define the original hallway and original front door entrance.
No objection is raised to the demolition of the existing ancillary structures within the
grounds including the terraced gardens, garbage store, pool sauna, BBQ and pool as
they have no heritage significance. No objection is raised to the proposed new
landscaping, terraced lawn and swimming pool.
Recommendations:
Windows on South West Elevation to have Victorian proportions but may be detailed
more simply such that on closer inspection, the windows can be identified as
contemporary.
Nib walls that identify the original hallway and entrance to be retained adjacent to the
original front door location and adjacent to proposed Staircase 3. This will still allow
for the proposed Living/Dining Rooms to be one large open planned space whilst
allowing for the interpretation of the original room configuration.
Report of Susanna Cheng, Senior Assessment Officer Page 10
Re: 1 Waiwera Street, Lavender Bay
Overlaid notes on Drawing DA 08 Revision 2 for front fence to be corrected. They
state „solid front fence with glass blocks‟ however, the elevation indicates a
sympathetic new palisade fence.
The amended DA received by Council on 6/7/15 generally incorporate the above
recommendations, with the exception of the internal nib walls. The amendments were referred to
the Conservation Planner who provided the following additional comments and conditions:
No objection is made to the retention of the garage door. The amended fenestration on the
South Elevation is acceptable.
With regard to the interior demolition, two little nib walls are requested for retention to
identify the original hallway and entrance adjacent to the original front door location
(Figure 7).
Figure 7 – Nib walls adjacent to Stair 3 & original front door to be retained
The Conservation Planner has advised that the development is satisfactory on heritage grounds,
subject to standard and site-specific conditions:
A4 No Demolition of Extra Fabric
C13 Colours, Finishes, Materials
E11 Removal of Extra Fabric
Nib Walls
A nib wall (minimum 150 mm) is to be retained adjacent to proposed “Stair 3” and
adjacent to the original front door (South East Elevation).
(Reason: To allow for the interpretation of the original room configuration)
New Windows and Doors
New windows and doors shall be timber-framed.
(Reason: To be sympathetic to the palette of materials used on the heritage item)
Report of Susanna Cheng, Senior Assessment Officer Page 11
Re: 1 Waiwera Street, Lavender Bay
New Deck 4
Balustrade to new Deck 4 on first floor (“Level 2”) on the South East Elevation shall be
timber, similar to existing balustrades.
(Reason: To be sympathetic to the palette of materials and style used on the heritage item.)
Privacy Screen
Privacy screen for Deck 2 on ground floor (“Level 1”) on the South West Elevation shall
be painted in a visually submissive colour. Metallic finishes are not acceptable.
(Reason: To be sympathetic to the heritage item)
Palisade Fence
New metal palisade fence and gate to front boundary shall be steel or wrought iron.
Approval is not granted for use of any tubular aluminium for front fencing and/or gate.
(Reason: To be sympathetic to the palette of materials used in the conservation area)
Landscape
The proposed development includes removal of trees and new landscape works (Figure 8).
Figure 8 – Proposal includes removal of Palm trees and new feature trees
The application was referred to Council‟s Landscape Development Officer who has raised no
objections to the proposal on landscape grounds, subject to conditions, and upon the following
assessment:
The subject site has two small Crepe Myrtle street trees that should be retained but are
not likely to be directly impacted by the proposed works. There are several Palm trees
and a China Doll tree along the southern portion of the site that are to be removed in
the proposal. No objection is raised however, as the Palms are easily replaceable and
do not contribute significantly to the character of the public domain. The existing
China Doll tree is located within 1m of the building foundations, and its removal is
recommended to prevent damage to the building in the long term.
The proposed landscape plan is considered to be acceptable in that it indicates the
replacement of existing shrubberies and groundcovers with new plants as well as there
being the addition of several small trees.
Report of Susanna Cheng, Senior Assessment Officer Page 12
Re: 1 Waiwera Street, Lavender Bay
The proposed works will have an acceptable level of impact upon the existing Paw
Paw tree located to the south of the subject site as the removal of the existing outdoor
BBQ building and its replacement with soft landscaping will benefit the tree.
SUBMISSIONS
The owners of adjoining properties and the Lavender Bay Precinct were notified of the
proposed development for a 14-day period, between 29/5/15 and 12/6/15, in accordance with
section A4 of NSDCP 2013. The notification resulted in one (1) submission. The amended
design received by Council on 6/7/15, including addition of a glass balustrade and planter box
suspended from the existing pool structure, was notified to the submitter who provided additional
comments.
Basis of Submissions
Direct stormwater to a sump at eastern end of the land and to pump back to Waiwera St:
- Due to large catchment, pump capacity & necessary redundancy will be costly & not
properly designed/constructed
- Power failure-safe pumps may be necessary; in the case total failure, our home may be
flooded
- Stormwater system must be a gravity system
- Provide warranty that pump system will be designed for weather events & indemnify us
from damage
- Sandstone block retaining wall at rear of our land appears to have failed in past,
additional water may cause another collapse
Consider easement under our land to drain water by gravity on condition at no cost to us, we
are reimbursed for legal costs, maintenance by others, regular inspection & certification,
completion of work within 8 weeks, connection to underground drainage system in Bay
View St
Intention of No.10 Bay View St to direct overland flows to our land will amplify problems
No objections to latest amendments in relation to the installation of a screen below the
suspended planter
CONSIDERATION
The relevant matters for consideration under Section 79C of the Environmental Planning and
Assessment Act 1979, are assessed under the following headings:
NORTH SYDNEY LEP 2013
1. Permissibility within the zone
The site is zoned R3 Medium 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 dwelling house is permissible with the consent of Council. Demolition is
permissible with consent, pursuant to clause 2.7.
Report of Susanna Cheng, Senior Assessment Officer Page 13
Re: 1 Waiwera Street, Lavender Bay
2. Residential Zone Objectives
Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular
objectives of the R3 Medium Density Residential zone. It is considered that the proposed
development satisfies the provisions as it will maintain existing residential accommodation, as
discussed in this report.
3. LEP Compliance table
The application has been assessed against the relevant principal development standards contained
in Part 4 of NSLEP 2013 as indicated in the following compliance table. More detailed
comments with regard to the non-compliances are provided later in this report.
STATUTORY CONTROL – North Sydney Local Environmental Plan 2013
Site Area – 493.2m² Existing Proposed Control Complies
Residential
Minimum Lot Size (cl.4.1) 493.2m² No change 230m² Yes
Building Height (cl.4.3(2))
(max) 9.28m (main ridge)
Up to 9.38m
(roof ridge to rear infill) 8.5m No
4. Building Heights
The maximum building height for the site is 8.5m pursuant to clause 4.3 of NSLEP 2013. The
proposed building height of up to 9.38m does not comply with the development standard (Figure
9). The proposed non-compliance of 0.88m (10.4%) is attributable to the new roof above the 2-
storey infill on the south eastern corner of the site. The proposed works otherwise comply with
the height control.
Figure 9 –Proposed building height breach is located at the roof ridge of rear addition
The applicant has submitted a written request seeking to vary the development standard
pursuant to clause 4.6 of NSLEP 2013 (Attachment 4). The proposed variation has been
assessed against the requirements of clause 4.6 and the objectives of the control, as discussed
below:
Report of Susanna Cheng, Senior Assessment Officer Page 14
Re: 1 Waiwera Street, Lavender Bay
(a) to promote development that conforms to and reflects natural landforms, by stepping
development on sloping land to follow the natural gradient. The dwelling will step down the
site, consistent with the fall of the land toward the rear.
(b) to promote the retention and, if appropriate, sharing of existing views. The addition
will be below and behind the ridge front ridge line and located behind the rear building line so as
to have no material impacts on any significant views.
(c) to maintain solar access to existing dwellings, public reserves and streets, and to
promote solar access for future development. The development will not result in any material
shadow impacts by reason of the proposed variation of the height control. Shadow impacts are
discussed in more detail in the Solar Access section in the DCP Compliance Table in this report.
(d) to maintain privacy for residents of existing dwellings and to promote privacy for
residents of new buildings. The new deck will be located at ground level at rear, and all new
and/or modified openings on the first floor will be below the height limit, and will not result in
any material privacy impacts, as discussed in the Visual Privacy section in the DCP Compliance
Table.
(e) to ensure compatibility between development, particularly at zone boundaries. The
proposed building height is compatible with the subject and surrounding 2- & 3-storey residential
buildings.
(f) to encourage an appropriate scale and density of development that is in accordance
with, and promotes the character of, an area. The scale and density of the single dwelling will
be maintained similar to existing.
In consideration of the above, it is concluded that the proposed development will not have any
material adverse impacts on neighbouring properties arising from the proposed Building Height.
The objectives of the Building Height control are achieved notwithstanding non-compliance with
the control. In this regard, strict compliance with the development standard is considered to be
unreasonable and unnecessary. The clause 4.6 variation is well founded and supported in this
case.
5. Preservation of trees or vegetation
Clause 5.9 of NSLEP 2013 seeks to preserve the amenity of the area through preservation of
trees and other vegetation. The proposal is considered to be satisfactory as it will provide for
adequate landscape amenity, as discussed in the Landscape Referral section in this report.
6. Heritage conservation
As discussed earlier in the Heritage Referrals section in this report, Council‟s Conservation
Planner is satisfied the works will not have any detrimental impact on the significance of the
listed building or its group, or the character of the conservation area, subject to conditions.
Report of Susanna Cheng, Senior Assessment Officer Page 15
Re: 1 Waiwera Street, Lavender Bay
7. Earthworks
Earthworks are permissible with consent, pursuant to clause 6.10 of the LEP. The development
will involve minor earthworks, generally limited to that which is necessary to accommodate pad
footings and landscaping, and maintaining the existing fall of the land (Figure 10).
Figure 10 – Topography generally maintained – minor earthworks for footings & landscaping
A new stair to provide internal access to a laundry and store room beneath the garage will involve
additional excavations, however, generally within an existing excavated hard paved area within
the front courtyard.
Figure 11 – Access stair to existing garage sub-floor area generally accommodated within existing
excavated courtyard
The development has been assessed in relation to the objectives and relevant provisions in clause
6.10(1) & (2) and found to be satisfactory. In particular:
Report of Susanna Cheng, Senior Assessment Officer Page 16
Re: 1 Waiwera Street, Lavender Bay
(a) The likely disruption of, or any detrimental effects on:
(i) drainage patterns and soil stability in the locality of the development – The
development will improve on existing on-site stormwater retention by providing for a net
increase in soft landscape area through replacement of hard paved areas with planters,
gardens and turf; installation of a 1.148kL rainwater tank (BASIX commitment); new
sub-soil drainage pipes and upgrade works to the existing pump-out drainage system
(Figure 12).
Figure 12 – Proposed upgrades to the existing pump-out system to Waiwera Street
As discussed in the Engineer Referral section in this report, Council‟s Development
Engineer raises no objection to the development in terms of its impacts on drainage and
soil stability, subject to conditions that require, at minimum, a Stormwater Management
and Disposal Design Plan (prior to issue of a Construction Certificate) designed to
prevent any stormwater egress into adjacent properties by creating physical barriers and
surface drainage interception and pump-out facilities to Council‟s standards, and
restriction and positive covenant as to user, as appropriate, in favour of North Sydney
Council burdening the subject property requiring the ongoing retention, maintenance and
operation of the stormwater facility (pump-out and charged lines).
(ii) natural features of, and vegetation on, the site and adjoining land – The
proposed earthworks are minor, limited generally to already excavated or disturbed areas
of the site such as the sunken front courtyard. The development involves replacement of
paved areas with vegetation and result in a net increase of vegetation growing within the
site.
(b) The effect of the development on the likely future use or redevelopment of the land –
The proposed earthworks will not adversely impact on the continued use and
redevelopment of the land for residential purpose.
(c) The quality of the fill or the soil to be excavated, or both – Excavated material is
unlikely to be contaminated given the residential history of the site. The development
will not require extensive fill material, with new soil limited to landscape works.
Report of Susanna Cheng, Senior Assessment Officer Page 17
Re: 1 Waiwera Street, Lavender Bay
(d) The effect of the development on the existing and likely amenity of adjoining properties
– The majority of earthworks will be for pad footings set back from the side boundaries
and landscape works. The structural integrity and amenity of adjoining properties can be
reasonably protected via conditions of consent.
(e) The source of any fill material and the destination of any excavated material – The
development will not require extensive fill material; the quality and treatment of
excavated materials can be dealt with via standard conditions.
(f) The likelihood of disturbing Aboriginal objects or relics - The site has undergone
extensive landscape works and terracing. Council is not aware of any Aboriginal objects
or relics within or in the vicinity of the site.
(g) The proximity to, and potential for adverse impacts on, any waterway, drinking water
catchment or environmentally sensitive area – The proposed earthworks are minor and
will not impact on the Sydney Harbour water catchment, subject to conditions as
recommended by Council‟s Development Engineer to ensure adequate site drainage, and
sediment control during works.
(h) Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the
development – The potential impacts of the proposed earthworks can be mitigated and
managed by way of conditions as recommended by Council‟s Development Engineer.
8. Vehicle access
Development for the purposes of a driveway and vehicular crossing within a road reserve
associated with a permissible use in an adjoining zone may be carried out with consent, pursuant
to Clause 6.13 of the LEP.
As discussed in the Engineer Referral section in this report, the existing vehicular crossing is fit
for purpose. No change to the driveway is sought or approved as part of the subject DA; any
widening would require a separate application.
SEPP (Infrastructure) 2007
The site is within 50m of a railway corridor, being an underground alignment of the North Shore
Railway Line and was referred to NSW Transport (Sydney Trains) pursuant to clause 87 of State
Environmental Planning Policy (Infrastructure) 2007 in relation to impact of rail noise or
vibration on non-rail development. Sydney Trains has raised no objection to the development, as
discussed in the Railcorp Referral section in this report. The proposal will not change the level
of exposure of the existing dwelling to rail noise and vibration; a standard condition is
recommended to ensure that appropriate measures will be taken to ensure that the exposure levels
are not exceeded, in accordance with clause 87(3).
SEPP 55 and Contaminated Land Management Issues
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. Given the
residential history of the site, it is unlikely to be any issues of soil contamination that would
require remediation.
Report of Susanna Cheng, Senior Assessment Officer Page 18
Re: 1 Waiwera Street, Lavender Bay
SREP (Sydney Harbour Catchment) 2005
The site falls within the Sydney Harbour Catchment Area and is subject to the provisions of the
Policy. The site is on the periphery, however, outside of, the Foreshores & Waterways Area
within the Sydney Harbour Catchment as defined in the Sydney Harbour Catchment Zoning Map
in the SREP.
The application has been assessed against the relevant provisions of the SREP and found to
satisfy the objectives in clause 12. The proposal is consistent with the planning principles for
Sydney Harbour Catchment contained in clause 13 of the instrument; relevantly and in particular,
the alterations and additions will maintain the character and scale of the dwelling and its primary
address toward Lavender Bay thereby maintaining the visual qualities of Sydney Harbour, and the
minimal earthworks and increased soft landscaped area within the site will maintain existing
drainage functioning and quality of runoff.
North Sydney DCP 2013
The proposal is generally consistent with section B1 of the DCP relating to residential
developments and section C9 & C9.7 being the Character Statement for the McMahons Point
North Conservation Area within the Lavender Bay Planning Area.
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
B1.2 Social Amenity
Maintaining residential
accommodation
Yes The existing residence will be maintained.
B1.3 Environmental Criteria
Topography Yes The development involves minimal earthworks, generally
limited to the accommodation of footings and landscaping,
and maintaining existing fall of the land, as discussed in the
Earthworks section in this report. Council‟s Development
Engineer has recommended conditions to ensure protection
of the structural integrity of adjoining properties.
Views Yes The development will not result in any material view impacts
as the 2-storey part addition will be located and provided as
an infill within the south eastern courtyard, stepping down
with the topography and set back from the side boundary,
noting in particular and as illustrated in Figure 13:
Slot views from Waiwera Street along the southern side
setback of the site will generally be maintained in
accordance with Character Statement section C9.7.4 P7,
with some improvement of visual permeability at the front
boundary where the existing masonry and glass block
wall will be replaced with a palisade front fence; and
The primary views obtained from the rear enclosed
balconies of units within No.1A Waiwera Street will not
be impacted by the proposed works which are generally
located behind and/or below the rear building or glass
alignment of the units at No.1A.
Report of Susanna Cheng, Senior Assessment Officer Page 19
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Figure 13 – Primary views to the harbour maintained from the street & adjoining apartments
Solar access Yes The application is supported by shadow diagrams certified by
a registered architect (Attachment 3), with extracts in
midwinter shown in Figure 14. The diagrams indicate that
additional midwinter shadows will be cast in most part on the
northern side wall and walkway of No.1A Waiwera Street.
Report of Susanna Cheng, Senior Assessment Officer Page 20
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Figure 14 – Midwinter shadows on No.1A Waiwera Street
Report of Susanna Cheng, Senior Assessment Officer Page 21
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Solar access
(continued)
The development will result in minor additional shadowing
on the northern side windows of No.1A Waiwera Street and
maintain solar access to primary windows facing east towards
the harbour (Figure 15), which satisfies the objective of
section B1.3.7 to ensure that adjoining dwellings have
reasonable access to sunlight.
Figure 15 – Minor additional impacts on windows of adjoining units
Vibration Yes Continued use of the site as a single dwelling, as proposed,
will not result in any additional impacts on the operation of
the rail corridor compared to existing. A condition is
recommended to ensure exposure to railway noise and
vibration does not exceed guideline levels, as discussed in the
SEPP (Infrastructure) section in this report.
Acoustic privacy
Visual privacy
Yes The development will provide for a reasonable level of visual
and acoustic privacy to neighbouring properties; in particular:
The existing BBQ facility and adjacent courtyard will be
replaced by a partially enclosed deck, incorporating the
following measures which will reduce privacy impacts on
the adjoining unit block at No.1A Waiwera Street:
- Privacy screen on the south western elevation;
- Set back 1m from the side boundary;
- Primary orientation rearward to the harbour;
- Location on the existing ground level primary living
area of the dwelling.
The new balcony (Deck 4) on the first floor (Level 2)
will be limited in depth to 800mm, set back from the side
boundary with No. 1A Waiwera Street by 2m, used in
association with a bedroom, and have primary outlook to
the rear towards the harbour.
Acoustic privacy
Visual privacy
(continued)
The new windows on the south western elevation
facing No.1 Waiwera Street will be secondary windows to
bedrooms 2 & 3 which have primary outlooks,
respectively, to the harbour and Waiwera Street, and to an
ensuite bathroom, all vertically and narrowly
proportioned and with obscure glazing, set back from the
side boundary with No.1A Waiwera Street by 2m and
adjacent a walkway of the adjoining flat building.
Report of Susanna Cheng, Senior Assessment Officer Page 22
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
B1.4 Quality Built Form
Context Yes The proposed alterations to the internal layout and the
location of the additions respect the existing built form of the
subject dwelling, topography of the site and relationship with
adjoining properties, as discussed in this report.
Subdivision pattern Yes No change is proposed to the lot size. The historic and
primary orientation of the dwelling to the harbour will be
maintained.
Streetscape Yes The development will result in an improvement in the
streetscape, with no change proposed to the existing driveway
crossing, retention of street trees, and replacement of high
masonry wall with a palisade front fence allowing view lines
from the street to a front garden setting and limited slot views
toward the harbour.
Siting Yes The development will maintain the existing dwelling forward
on lot with larger rear garden, in accordance with character
statement C9.7.6 P1.
Setbacks (front & rear) Yes The existing front and rear setbacks of the dwelling and the
boundary alignment of the carport will generally be
maintained, as existing.
Setbacks (side) Yes The development generally complies with the side setback
provisions in section B1.4.6, discussed as follows:
The 2-storey infill addition will be set back at ground
floor (Level 1) 1m from the side south western side
boundary with No.1A Waiwera Street, which complies
with the minimum setback of 900mm;
The first floor (Level 2) of the infill addition will be set
back 2m from the side boundary with No.1A, which
complies with the minimum setback of 1.5m; and
The proposed removal of glass blocks on the north
eastern elevation, and replacement with infill brickwork,
will maintain the existing boundary alignment of the
dwelling.
Form, massing & scale Yes The 2-storey infill addition is below and behind the primary
ridge, with pitched roof and compliant setbacks such that the
size of the dwelling remains characteristic and not
significantly larger than the subject and surrounding
dwellings.
Built form character Yes The development will be modulated in plan and elevation,
with uncharacteristic elements such as glass block walls
proposed to be removed, and maintaining a detached
Victorian Filigree dwelling that is characteristic of the
conservation area.
Report of Susanna Cheng, Senior Assessment Officer Page 23
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Dwelling entry Yes The replacement of the high masonry & glass block front wall
with a palisade fence and gate will improve the sense of
address while maintaining security for the site.
Roofs Yes The proposed terracotta tile pitched roof to the rear infill
addition will match the existing primary roof typology and
material. The provision of a flat metal roof behind the garage
parapet will minimise streetscape.
Colours & materials The materials palette, comprising primarily rendered and
painted masonry, timber-framed balconies and windows, and
matching tile roof is compatible with the Victorian dwelling
and conservation area, and acceptable to Council‟s
Conservation Planner. The glass pool balustrade will not
detract from the dwelling, being located at the rear of the site
adjacent a planter.
Front fences Yes The removal of existing uncharacteristic elements comprising
a high masonry and glass block fence and front paving, and
replacement with a metal palisade fence with views into a
front garden setting, is consistent with character statement
sections C9.7.6 P10 & C9.7.7 P1, subject to conditions
recommended by the Conservation Planner.
B1.5 Quality Urban Environment
High quality residential
accommodation
Yes The dwelling will maintain high quality internal amenity,
including internal and outdoor areas, and access to natural
light and cross ventilation.
Lightwells & ventilation Yes All habitable rooms will have direct access to natural light
and ventilation.
Safety and security Yes The replacement of a solid front wall with palisade fencing
will improve visual permeability, and active and passive
surveillance of the street.
Report of Susanna Cheng, Senior Assessment Officer Page 24
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Vehicular access & car
parking
Yes The widening of the garage opening by 600mm (from 5.7m to
6.1m) and accessed by means of a roller door on the primary
frontage is supported in this instance on balance of the
following:
The proposed clear width will provide for compliant car
parking of up to 2 car spaces for a 4-bedroom dwelling, in
accordance with the maximum parking provision in
section B10.2.1 P1;
The marginal widening of the garage will not have any
material streetscape impacts, given that there is no
laneway access available, there is an existing carport and
roller door portal structure, and the proposed replacement
of the front masonry wall with palisade fencing, which
will result in a net improvement to the streetscape;
The retention of a roller door is acceptable to Council‟s
Conservation Planner, having regard to the existing roller
door, and the angled alignment of the frontage which
precludes use of a panel lift door mechanism;
Council‟s Development Engineer is satisfied the existing
driveway is suitable and fit for use for the double garage.
It is considered that the development will provide adequate
on-site parking and adequate access while providing for a
garden setting and minimise streetscape impacts, which
satisfies the objectives of the provision.
Site coverage No The existing and proposed site coverage exceed the maximum
site coverage provision of 50% of the subject site area of
493.2m2:
Existing Proposed Control Complies
Site Coverage (lot size 230-
499m2) (cl.B1.5.5)
53.97%
(266.2m2)
54.05% (266.6m2) 50% (246.6m
2) (max) No
The development is supported despite the variation as it
satisfies the objectives of the site coverage provision,
discussed as follows:
O1. To ensure that development is balanced and in keeping
with the optimum capacity of the site with no over
development. The increase in site coverage of 0.4m2 (0.08%)
is relatively minor and within the capacity of the site, which
will continue to accommodate a 4-bedroom dwelling on
landscaped grounds.
Site coverage
(continued)
O2. To ensure that development promotes the existing or
desired future character of the neighbourhood. The site is
surrounded by a mixed subdivision pattern and building
typology, with the nearest comparable development for the
purpose of he site coverage provision being the recently
approved compliant developments at No‟s. 8 & 10 Bay View
Street, being properties with an area between 230 & 499m2
and each occupied by a dwelling house (Figure 16).
Report of Susanna Cheng, Senior Assessment Officer Page 25
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
Figure 16 – Proposed site coverage and approved site coverage on comparable sites
Although the proposed site coverage does not comply, the
development is nevertheless considered to be compatible
with the existing and future character of the area given that
the increase in site coverage of 0.8% from existing is
relatively minor, and resulting in an overall exceedance of
4%, and noting that the subject site is larger in size compared
to the Bay View Street properties by more than 100m2 as can
accommodate a greater site coverage variation while
maintaining the character of the area.
Site coverage
(continued)
O3. To control site density. The marginal increase in site
coverage is attributable to a reduction in the size of the
swimming pool, demolition of garden structures, and infill of
a part of the side/rear courtyard. The new infill provides for
compliant side setbacks and is behind the primary rear
building line of the dwelling to provide for a density of built
form that remains suitable to the site.
O4. To limit the building footprint so as to ensure adequate
provision is made for landscaped area and private open
space. The increase in building footprint of approximately
17m2 in the location of an existing paved area will be
compensated for by demolition of existing BBQ bunker and
provision of a deck with steps connecting to new and existing
garden spaces, thereby maintaining useable indoor/outdoor
amenity and landscaped areas.
Report of Susanna Cheng, Senior Assessment Officer Page 26 Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments Landscape area No The existing and proposed landscape & un-built upon areas
do not comply with the minimum & maximum provisions; however, the extent of existing non-compliances will be reduced by the development, in large part, by the replacement of existing paved areas with soft landscaping:
Existing Proposed Control Complies
Landscape Area (cl.B1.5.6) 17.5% (86.4m2) 22.3% (110.1m2) 30% (148m2) (min) No
Un-built Upon Area (max) (cl.B1.5.6)
28.5% (140.6m2) 23.6% (116.5m2) 20% (98.6m2) (max) No
The proposal is considered satisfactory despite the variations, as it generally satisfies the objectives of the landscape area provision, discussed as follows:
(a) Promote the character of the neighbourhood. The development will promote the character of the neighbourhood by virtue of the provision of a front landscape garden setting in place of the existing masonry and glass block wall, and maintain a larger and primary garden to the rear with additional soft landscape area compared to existing.
(b) Provide useable private open space for the enjoyment of residents. The development will provide for useable private open space in the form of a front landscaped courtyard, useable rear decks, garden steps, level lawn and swimming pool.
Landscape area (continued)
(c) Provide a landscaped buffer between adjoining properties. Adequate landscape buffering will be maintained along the south western boundary adjoining No.1A Waiwera Street by the retention of side planters within the front courtyard, stepping stones, groundcovers and climbers within the side setback, and small trees in the location of the existing BBQ structures proposed to be demolished.
(d) Maximise retention and absorption of surface drainage water on site. The replacement of paved courtyards with soft landscaped area of 23.7m2 will improve on-site absorption of surface water.
(e) Minimise obstruction to underground water flow. The proposal does not involve significant earthworks or have any significant impact on underground water flow.
(f) Promote substantial landscaping, that includes the planting of trees that when mature will have significant canopy cover. The proposed increase in soft landscaping of 23.7m2, including feature tree in the front and a small tree at rear, will provide for adequate landscaping appropriate to site constraints.
Report of Susanna Cheng, Senior Assessment Officer Page 27 Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013 Residential Development Complies Comments (g) Control site density. The development provides for
increased landscape area and reduced un-built upon area compared to existing.
(h) Minimise site disturbance. The landscape works will be undertaken within the existing sunken front courtyard and rear stepped garden, generally maintaining the existing site topography.
(i) Contributes to streetscape and amenity. The replacement of the existing masonry and glass block wall with palisade fencing with views into the proposed reconfigured landscaped front courtyard will improve streetscape amenity.
(j) Allows light to penetrate between buildings. The species selection, including a feature tree in the font yard, small tree in the rear garden, and groundcovers and climbers within the side setback, will allow light penetration to adjoining property at No.1A Waiwera Street.
(k) Encourage the provision of space for biodiversity conservation and ecological processes. The proposal increases soft landscaping within the site and contribute to ecological processes.
Excavation Yes The proposal does not involve extensive earthworks. Additional landscaping will be provided in the location of existing planters and paved areas, and generally at existing levels. The structural integrity of adjoining properties may be reasonably protected by way of conditions.
Landscaping Yes The proposal involves the removal of Palm trees which have been identified as non-significant species. The removal of the Palm trees will be compensated for by increased soft landscape area on the site, including replacement trees that will provide adequate landscape amenity.
Front gardens Yes The retention of a front garden, together with demolition of the existing front wall and replacement with palisade fencing, will soften built form and improve the streetscape.
Private & communal open space
Yes The site will have at least 40m2 of useable outdoor space at ground level.
Swimming pools & spas Yes The visual and acoustic impacts of the existing swimming pool will be reduced by the proposed reduction in size (partial infill) of the pool and provision of a perimeter planter along the rear boundary.
Garbage storage Site facilities
Yes A bin store will be accommodated within the new garage.
Report of Susanna Cheng, Senior Assessment Officer Page 28
Re: 1 Waiwera Street, Lavender Bay
DEVELOPMENT CONTROL PLAN 2013
Residential Development Complies Comments
B1.6 Efficient Use of Resources
Energy efficiency Yes A BASIX certificate, including commitments to install a
1.148kL rainwater tank, and gas heater & timer and cover for
the pool.
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 S79C considerations of Yes
Environmental Planning and Assessment (Amendment) Act 1979
SUBMITTERS CONCERNS
The issues raised in the submission are addressed below.
(a) Stormwater disposal & drainage
Comment: The development will improve the existing on-site drainage system, by virtue
of the replacement of paved terraces with soft landscaped areas; upgrades to the pump-out
system back up to Waiwera Street, including provision for maintenance access, and
monitoring and warning systems; and the installation of subsoil drainage pipes in
consultation with engineers and landscape consultant.
Report of Susanna Cheng, Senior Assessment Officer Page 29
Re: 1 Waiwera Street, Lavender Bay
Council‟s Development Engineer has reviewed the submitted concept stormwater and
drainage plan and found it to be satisfactory, subject to conditions requiring the stormwater
disposal system to be designed so as to prevent any stormwater egress into adjacent
properties by the creation of physical barriers and surface drainage interception and pump-
out facilities to Council‟s standards, and restriction and positive covenant as to user, as
appropriate, in favour of North Sydney Council burdening the subject property requiring
the ongoing retention, maintenance and operation of the stormwater facility (pump-out and
charged lines).
CONCLUSION
The development application has been assessed against the North Sydney Local Environmental
Plan 2013 and the North Sydney Development Control Plan 2013.
The breach of the building height development standard is reasonable and justifiable in the
circumstances of the case. The 2-storey infill addition giving rise to the height variation will
maintain the character of the dwelling and not give rise to any streetscape or amenity impacts.
The development will not result in any material impacts on adjoining properties in terms of solar
access, views, privacy or stormwater drainage.
Having regard to the provisions of Section 79C of the Environmental Planning & Assessment
Act 1979, the application is considered to be satisfactory and therefore can be approved.
RECOMMENDATION
PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT
ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the General
Manager as the consent authority, grant consent to Development Application No. 158/15 for
alterations and additions to a dwelling, subject to the attached standard conditions and following
site specific conditions:-
Nib Walls
C22. A nib wall (minimum 150 mm) is to be retained adjacent to proposed “Stair 3” and
adjacent to the original front door (South East Elevation).
The Certifying Authority must ensure that the building plans and specifications submitted
by the Applicant, referenced and accompanying the issued Construction Certificate, fully
satisfy the above.
(Reason: To allow for the interpretation of the original room configuration)
Report of Susanna Cheng, Senior Assessment Officer Page 30
Re: 1 Waiwera Street, Lavender Bay
New Windows and Doors
C23. New windows and doors shall be timber-framed.
The Certifying Authority must ensure that the building plans and specifications submitted
by the Applicant, referenced and accompanying the issued Construction Certificate, fully
satisfy the above.
(Reason: To be sympathetic to the palette of materials used on the heritage item)
New Deck 4
C24. Balustrade to new Deck 4 on first floor (“Level 2”) on the South East Elevation shall be
timber, similar to existing balustrades.
The Certifying Authority must ensure that the building plans and specifications submitted
by the Applicant, referenced and accompanying the issued Construction Certificate, fully
satisfy the above.
(Reason: To be sympathetic to the palette of materials and style used on the
heritage item)
Privacy Screen
C25. Privacy screen for Deck 2 on ground floor (“Level 1”) on the South West Elevation shall
be painted in a visually submissive colour. Metallic finishes are not acceptable.
The Certifying Authority must ensure that the building plans and specifications submitted
by the Applicant, referenced and accompanying the issued Construction Certificate, fully
satisfy the above.
(Reason: To be sympathetic to the heritage item)
Palisade Fence
C26. New metal palisade fence and gate to front boundary shall be steel or wrought iron.
Approval is not granted for use of any tubular aluminium for front fencing and/or gate.
The Certifying Authority must ensure that the building plans and specifications submitted
by the Applicant, referenced and accompanying the issued Construction Certificate, fully
satisfy the above.
(Reason: To be sympathetic to the palette of materials used in the conservation area)
Report of Susanna Cheng, Senior Assessment Officer Page 31
Re: 1 Waiwera Street, Lavender Bay
Structural Adequacy of Pool Structure
C27. A report prepared by an appropriately qualified and practising structural engineer,
certifying the structural adequacy of the pool structure 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)
Service adjustments
E21. 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)
Susanna Cheng David Hoy
SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS
Stephen Beattie
MANAGER ASSESSMENTS
September 2013 v1
NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL
1 WAIWERA STREET, LAVENDER BAY DEVELOPMENT APPLICATION NO. 158/15
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
DA05 3 Proposed Site Plan Corben Architects 6/7/15 DA06 3 Proposed Level 1 Plan –
Part 1 Corben Architects 6/7/15
DA07 3 Proposed Level 1 Plan – Part 2
Corben Architects 6/7/15
DA08 3 Proposed Level 2 Plan Corben Architects 6/7/15 DA09 3 North-West Elevation Corben Architects 6/7/15 DA10 3 South-East Elevation Corben Architects 6/7/15 DA11 3 North-East Elevation Corben Architects 6/7/15 DA12 3 South-West Elevation Corben Architects 6/7/15 DA13 3 Street Elevations Corben Architects 6/7/15 DA14 3 Section AA Corben Architects 6/7/15
(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)
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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)
Dilapidation Survey Private Property (Neighbouring Buildings) C2. A photographic survey and dilapidation report of adjoining properties No’s. 1A & 3
Waiwera Street, Lavender Bay, and No.8 Bay View Street, Lavender Bay, detailing the physical condition of those properties, in the vicinity of the proposed works, both internally and externally as appropriate, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate. All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.
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In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.
Note: This documentation is for record keeping purposes only, and may be used by
an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.
(Reason: Proper management of records)
Structural Adequacy of Existing Building C3. A report prepared by an appropriately qualified and practising structural engineer,
certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.
(Reason: To ensure the structural integrity of the building is maintained)
Sediment Control C4. Where construction or excavation activity requires the disturbance of the soil surface
or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:
a) All details of drainage to protect and drain the site during the construction processes;
b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion
control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during
construction.
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All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites) Waste Management Plan C5. A Waste Management Plan is to be submitted for approval by the Certifying Authority
prior to the issue of any Construction Certificate. The plan must include, but not be limited to:
a) The estimated volume of waste and method of disposal for the construction
and operation phases of the development; b) The design of the on-site waste storage and recycling area; and c) Administrative arrangements for waste and recycling management during the
construction process.
The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building
waste) Colours, Finishes and Materials (Conservation Areas) C6. 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.)
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Roofing Materials - Reflectivity C7. 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) Stormwater Management and Disposal Design Plan – Construction Issue Detail C8. 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) The part of Stormwater runoff (roof areas) must be conveyed by charged system to Council’s kerb. There must be a minimum difference in height between the roof gutter and the discharge pit at the property boundary of 1.8 metres. In addition, all local and friction losses must be taken into account. There must be a gravity flow across the footpath from an isolating pit within the property. All pipes must be a minimum of 100mm with all joints solvent welded. Gutter guards must be installed on all gutters to minimise debris entering the system. All gutters and pipes in the system must be designed for a 1 in 100 year ARI storm event. A Positive Covenant will be required to be placed on the title of the property to inform owners of their responsibility in maintaining the system.
c) All redundant stormwater pipelines within the footpath area shall be removed and the footpath and kerb reinstated.
d) Pipelines within the footpath area shall be hot dipped galvanized steel rectangular hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.
e) Any footpath panel on Waiwera Street disturbed for the purpose of stormwater connection shall be reconstructed as whole panel.
f) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.
g) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit. h) The design and installation of the Rainwater Tanks shall comply with BASIX
and Sydney Water requirements. Overflow from tank shall be connected by gravity to the stormwater disposal system.
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i) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.
j) Provide subsoil drainage to all necessary areas with pump out facilities as required.
Details demonstrating compliance are to be submitted with the Construction Certificate. The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate. (Reason: To ensure controlled stormwater management and disposal without
nuisance) Pump-Out System Design for Stormwater Disposal C9. The design of the pump-out system for stormwater disposal will be permitted for
drainage of basement areas only, and must be designed in accordance with the following criteria: -
a) the pump system shall consist of two pumps, connected in parallel, with each
pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;
b) the pump system shall be regularly maintained and serviced, every six (6)
months; and
c) any drainage disposal to the street gutter from a pump system, must have a stilling sump provided at the property line, connected to the street gutter by a suitable gravity line.
Engineering details demonstrating compliance with these criteria, and certified by an appropriately qualified and practising civil engineer shall be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.
(Reason: To ensure adequate provision is made for the discharge of sub-surface
stormwater from the excavated parts of the site) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C10. Prior to the issue of any Construction Certificate, security deposit or bank guarantee
must be provided to Council to the sum of $2,500 to be held by Council for the payment of cost for any/all of the following:
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a) making good any damage caused to any property of the Council as a consequence of the doing of anything to which this consent relates,
b) completing any public work (such as road work, kerbing and guttering,
footway construction, stormwater drainage and environmental controls) required in connection with this consent
c) remedying any defects in any such public work that arise within 6 months after
the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).
The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of
the security immediately; • the applicant has not repaired or commenced repairing damage within 48 hours
of the issue by Council in writing of instructions to undertake such repairs or works;
• works in the public road associated with the development are to an unacceptable quality; and
• the Certifying Authority must ensure that security 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 C11. Prior to the issue of any construction certificate, security in the sum of $6,000 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.
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If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.
In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.
SCHEDULE
2 x Lagerstroemia indica (Crepe Myrtle) located on the footpath adjacent to 1 Waiwera Street
(Reason: Protection of existing environment public infrastructure, community
assets and significant trees) Asbestos Material Survey C12. 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)
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Location of Plant C13. All plant and equipment (including but not limited to air conditioning equipment) is
not to be located on balconies or the roof. 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: Minimise impact on surrounding properties, improved visual
appearance and amenity for locality) Air Conditioners in Residential Premises C14. The use of any air conditioner installed on the premises must comply with the
requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:
(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);
(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or
(ii) before 7.00am or after 10.00pm on any other day
(b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.
“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.
“boundary” includes any window or elevated window of an affected residence.
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)
Swimming Pool Pumps on Residential Premises C15. 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);
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(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
(c) 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)
Noise and Vibration from Major Roads and Rail Corridors (A)
C16. The alterations and additions to the dwelling shall be acoustically designed and constructed to comply with the requirements of “Assessing Vibration: a technical guideline” issued by the NSW Environment Protection Authority, and in accordance with clause 87(3) of State Environmental Planning Policy (Infrastructure) 2007 as follows, whichever is the more stringent:
(a) in any bedroom in the building—35 dB(A) at any time between 10.00 pm and 7.00 am,
(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.
(Reason: To comply with State policy/regulations and to ensure a suitable level of amenity not affected by excessive noise and vibration from surrounding activities)
Pool Access
C17. 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 C18. 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 C19. 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) Security Deposit/ Guarantee Schedule C20. 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) $6,000.00 Footpath Damage Bond $2,500.00 TOTAL BONDS $8,500.00
(Reason: Compliance with the development consent)
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BASIX Certificate C21. 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. (A215766) 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) Nib Walls C22. A nib wall (minimum 150 mm) is to be retained adjacent to proposed “Stair 3” and
adjacent to the original front door (South East Elevation).
The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.
(Reason: To allow for the interpretation of the original room configuration) New Windows and Doors C23. New windows and doors shall be timber-framed.
The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.
(Reason: To be sympathetic to the palette of materials used on the heritage item) New Deck 4 C24. Balustrade to new Deck 4 on first floor (“Level 2”) on the South East Elevation shall
be timber, similar to existing balustrades.
The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.
(Reason: To be sympathetic to the palette of materials and style used on the
heritage item)
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Privacy Screen C25. Privacy screen for Deck 2 on ground floor (“Level 1”) on the South West Elevation
shall be painted in a visually submissive colour. Metallic finishes are not acceptable.
The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.
(Reason: To be sympathetic to the heritage item) Palisade Fence C26. New metal palisade fence and gate to front boundary shall be steel or wrought iron.
Approval is not granted for use of any tubular aluminium for front fencing and/or gate.
The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.
(Reason: To be sympathetic to the palette of materials used in the conservation
area) Structural Adequacy of Pool Structure C27. A report prepared by an appropriately qualified and practising structural engineer,
certifying the structural adequacy of the pool structure 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) D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk
Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.
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(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 D2. Prior to the commencement of any works, the approved plans must be submitted to a
Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works.
Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92.
(Reason: To ensure compliance with Sydney Water requirements) Asbestos Material Survey
D3. Prior to the commencement of any works, a report must be prepared by a suitably
qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:
a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;
b) all removal must be in strict accordance with the requirements of the 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.
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(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)
Commencement of Works Notice
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)
Removal of Extra Fabric E5. 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 E6. 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.
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(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 E7. 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 E8. 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
E9. 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 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: -
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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.
(Reason: Proper management of public land)
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. (Reason: Proper management of public land)
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 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.
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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) Out of Hours Work Permits E12. 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:
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• 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.
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 E13. 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) Sediment and Erosion Control Signage E14. A durable sign must be erected during building works in a prominent location on site,
warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites)
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Site Amenities and Facilities E15. 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 E16. All work undertaken must satisfy applicable occupational health and safety and
construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.
Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au
(Reason: To ensure the health and safety of the community and workers on the
site) Prohibition on Use of Pavements
E17. 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
E18. 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)
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Waste Disposal
E19. All records demonstrating the lawful disposal of waste must be retained and kept readily accessible for inspection by regulatory authorities such as North Sydney Council and the Environmental Protection Authority.
(Reason: To ensure the lawful disposal of construction and demolition waste) 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) Service adjustments E21. 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) F. Prescribed Conditions imposed under EP&A Act and Regulations and other
relevant Legislation Building Code of Australia
F1. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and
exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:
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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)
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)
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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) Excavation/Demolition F6. 1) All excavations and backfilling associated with the erection or demolition of a
building must be executed safely and in accordance with appropriate professional standards.
2) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.
3) Demolition work must be undertaken in accordance with the provisions of AS2601- Demolition of Structures.
(Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage)
Site Sign F7. 1) A sign must be erected in a prominent position on the site
a) stating that unauthorised entry to the work site is prohibited;
b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and
c) showing the name, address and telephone number of the Principal Certifying Authority for the work.
2) Any such sign must be maintained while to building work or demolition work
is being carried out, but must be removed when the work has been completed.
(Reason: Prescribed - Statutory)
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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)
Pool Access
G2. 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)
Pool Safety Requirements G3. 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)
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Damage to Adjoining Properties G4. All precautions must be taken to prevent any damage likely to be sustained to
adjoining properties. Adjoining owner property rights and the need for owner’s permission must be observed at all times, including the entering onto land for the purpose of undertaking works.
(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G5. All utility services shall be adjusted, to the correct levels and/or location/s required by
this consent, prior to issue of an occupation certificate. This shall be at no cost to Council.
(Reason: To ensure compliance with the terms of this consent) Covenant & Restriction (Stormwater Control Systems)
G6. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and one copy must be submitted to Council in registrable form, providing for:: a. a restriction as to user and positive covenant as to user as appropriate in favour
of North Sydney Council burdening the subject site requiring the ongoing
retention, maintenance and operation of the stormwater facility (on-site
detention, pump-out, charged lines);
b. North Sydney Council being nominated in the Instrument as the only party authorised to release, vary or modify the Instrument;
c. the wording on the Instrument making reference to the Council file/s which
hold:
(a) the Construction plans; and
(b) the “Work-as-Executed” (as built) plans;
Upon Council being satisfied as to the terms of the Instrument, North Sydney Council’s official seal will be affixed to these documents, prior to submission to the Land & Property Information Office for registration The Instrument creating the restriction and/or covenant under ss 88B and 88E required by this condition of consent must be registered on the Title of the development site prior to the issue of an Occupation Certificate or commencement of use of the site, whichever is the earlier.
Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate.
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All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.
(Reason: Compliance and adequate maintenance of drainage system) Asbestos Clearance Certificate G7. 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)
BASIX Completion Certificate
G8. 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) Landscaping G9. The landscaping shown in the approved landscape plan numbered L100C prepared by
Spirit Level Designs Pty Ltd dated 12 May 2015 and received by Council on 21 May 2015 must be completed prior to the issue of any Occupation Certificate.
(Reason: To ensure compliance)
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Damage to Adjoining Properties G10. On completion of the development the subject of this consent and prior to the issue of
the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:
a) whether any damage to adjoining properties has occurred as a result of the
development; b) the nature and extent of any damage caused to the adjoining property as a
result of the development; c) the nature and extent of works required to rectify any damage caused to the
adjoining property as a result of the proposed development; d) the nature and extent of works carried out to rectify any damage caused to the
adjoining property as a result of the development; and e) the nature and extent of any agreements entered into for rectification of any
damage caused to the adjoining property as a result of the development.
The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent.
Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. All costs incurred in achieving compliance with this condition shall be borne by the developer.
(Reason: To ensure adjoining owner’s property rights are protected in so far as possible)
I. On-Going / Operational Conditions Pool Filter I1. The swimming pool pump installed at the premises must not operate so as to:
(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);
(j) 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.
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1 WAIWERA STREET, LAVENDER BAY DEVELOPMENT APPLICATION NO. 158/15 Page 29 of 29
September 2013 v1
“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 ensure noise generated by equipment does not result in offensive
noise) Single Occupancy I2. Nothing in this consent authorises the use of the premises other than for a single
occupancy.
(Reason: To ensure compliance with the terms of this consent)
ATTACHMENT TO IPP01 - 07/10/15 Page 60
10
20
30
10
20
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10
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10
30
10
20
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39.3
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32.5
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EASTBL
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ATTACHMENT TO IPP01 - 07/10/15 Page 61
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.
7 Waiwera Street, Lavender BayStatement of Envi ronmental Effects
Appendh B - Clause 4.6 request - bulldlng helÉht control
Requestfor exception under clause 4.6 of North Sydney Local Environmental Plan 2013to clause 4.3(2) of North Sydney Local Environmental Plan 2072
Premises: No. l Waiwera Street, Lavender Bay.
Proposal: Alterations and additions to the existing dwelling house.
Control: Buildingheight
The control þrovides that the maximum building height on the site is 8.5 metres.
The proposal is for minor additions to a heritage listed building. The additionscontinue the existing roof form, which exceeds the building height control. As aresult the proposal additions exceed the building height control to a maximum ofapproximately 1.0 metres.
lntroduction:
Clause 4.6(7) of NSLEP 2013 states:
(7) The objectives of this c/ause are as follows:
(a) to provide an appropriate degree of flexibility in applyìnt certain developmentstanda rds to particula r development,
(b) to achieve better outcomes for and from development by allowingflexibility inparticula r ci rcumsta nces.
To utilise the flexibility provided by clause 4.6 of NSLEP 2013 it is necessary for the applicantto demonstrate:
(a) that complÌance with the development standard is unreasonable or unnecessary inthe circumstances of the case, and
(b) that there are sufficient environmental plannin! Srounds to justify contraveninSthe deve lo p m e nt sta nd a rd.
ln addition, Council must be satisfied that:
(i¡) the proposed development will be in the public interest because it rs consrstentwith the objectives of the particular standard and the objectives for developmentwithin the zone in which the development is proposed to be carried out.
ln exercising delegation from the Director-General of the Department of Planning, Councilmust consider:
(a) whether contravention of the development standard raises any matter ofsignificance for State or regional environmental planning, and
Symons Goodyer fty Limited Page 27.
ATTACHMENT TO IPP01 - 07/10/15 Page 93
7 Waiwera Street, Lavender BayStatement of Envi ronmental Effects
(b) the public benefit of maintainingthe development standard, and
(c) any other matters required to be taken into consideration by the Director-Generalbefo re gra nti ng con cu r rence.
This clause 4.6 request has been structured in accordance with the approach adopted by theCourt in Winten Property Group Limited v North Sydney Council t20011 NSWLEC 46 and alsoconsiders the ways in which a SEPP 1 objection can be sustained as listed in Webhe vPittwater Councill2OOTl NSWLEC 827 at126l.
L. ls the planning control in question a development standard?
Clause 4.3 of NSLEP 2013 is attached as Appendix BlAppendix 81
The definition of "development standards" in Section 4(7) of the EnvironmentalPlanning and Assessment Act 1979 is attached as Appendix 82.
Clause 4.3(2) is a development standard as it fixes a requirement for the height of thebuilding.
2. What is the underlying object or purpose of the standard?
The underlying objects of the standard are stated in clause 4.3(t) to be:
(a) to promote development that conforms to and reflects natural landforms, bysteppint development on slopin! land to follow the natural gradient,
(b) to promote the retention and, if appropriate, sharint of existing views,
(c) to maintain so/ar access to exrsting dwellings, public reserves and streets, andto promote so/ar access for future development,
(d) to maintain privacy for residents of existing dwellings and to promote privacy forresldents of new buildíngs,
(e) to ensure compatibility between development, particularly at zone boundaries,
(f) to encourage an appropriate sca/e and density of development that is inaccordance with, and promotes the character of, an area.
3. ls compliance with the development standard consistent with the objectives of clause4.6?
Compliance would necessitate an inflexible application of the developmentstandard in circumstances where the development otherwise satisfies theobjectives of the control.
a
Compliance would result in the additions not being of a height and roof form thatmatches the existing building and would have a negative impact on the heritagevalue of the building. Breachingthe control in these circumstances results in abetter planning outcome.
a
Syrnons Goodyer Pty Limited Page 22
ATTACHMENT TO IPP01 - 07/10/15 Page 94
5.
7 Waiwera Street, Lavender BayStatement of E nvi ro n me nta I Effects
4. Does non+ompliance with the development standard ralses any matter of significancefor State or reg¡onal env¡ronmental planning?
No
ls compliance with the development standard unreasonable or unnecessary in thecircumstances of the case
Compliance with the development standard is unreasonable and unnecessary for thefollowing reasons:
5(a). Achievement of the underlying objectives of the standard
The proposal, to the extent that it beaches the height control is located on a flatterrace on the site and reflects the natural landform.
The proposal will maintain view sharing as the additions are located to the side ofthe building.
The proposal results in minimal additional overshadowing, as shown on theshadow diagrams (Drawings DA-15 to DA-20).
The proposal has been designed to maintain privacy between dwellings. A detailedassessment of the ways in which this has been achieved is included in thisStatement of Environ menta I Effects.
a The building has a height, bulk and scale that is compatible with its neighbours
a The scale and density of the development ls appropriate for the area andconsistent with the desired future character for the McMahons PointNeighbourhood.
5(b). ls the standard relerrant to this development?
The applicant does not rely upon this method of demonstrating that compliance withthe development standard is unreasonable or unnecessary.
5(c). Would the underlying objective be defeated or thwarted if compliance was required?
The applicant does not rely upon this method of demonstrating that compliance withthe development standard is unreasonable or unnecessary.
5(d). Has the development standard been abandoned or destroyed by Council's ownac'tions?
The applicant does not rely upon this method of demonstrating that compliance withthe development standard is unreasonable or unnecessary.
5(e). ls the zoning of the particular land unreasonable or ¡nappropr¡ate?
a
a
a
a
Symons Goodyer Pty Limited Page 23
ATTACHMENT TO IPP01 - 07/10/15 Page 95
7 Waiwera Street, Lavender BayStatement of E nvi ro n m ental Effects
The applicant does not rely upon this method of demonstrating that compliance withthe development standard is unreasonable or unnecessary.
6. Are there sufficient env¡ronmental planning grounds to justit vary¡ng the developmentstandard?
Yes. The proposal will improve the appearance of the building and the amenity of theresidents whilst creating no unreasonable impacts on neighbouring residentialamenity or public views. lt maintains the heritage significance of the building and theopen palisade fence and proposed landscaping will improve the streetscape and thesetting of the building.
7. Are there any other matters to consider before ageeing to the exception?
Yes. Senior Commissioner Moore in Chidiac v Mosman Council[2075] NSWLEC 1044drew attention to the requirement in clause 4.6(bxii) of MLEP2012 and that it isnecessary to'demonstrate that the proposal will satisfy the objectives for the buildingheight control and for the R3 Medium Density Residential zone to demonstrate thatthe requirement that the proposal be in the public interest has been met.
ln this regard, the objectives for the R3 Medium Density Residential zone are:
To provide for the housinf, needs of the community within a medium densityreside ntial enví ron me nt.
To prouide a variety of housing types within a medium density residentialenvironment.
To enable other land uses that provide facilities or services to meet the day today needs of residents.
To encourate the development of sites for medíum density housinf if suchdevelopment does not compromise the amenity of the surroundin{ area or thenatural or cultural heritage of the area.
To provide for a suitable visual transition between high density residential areasand lower density residential areas.
a To ensure that a hi{h level of residential amenity is achieved and maintained.
The proposal is consistent with these objectives for the following reasons
,/ lt provides for the housing needs of the community within a medium densityresidential environ ment.
,/ lt retains the variety of housing types within the zone.
'/ The proposal does not seek to provide any land uses other than residential.
,/ The building is a heritage item and providing medium density housingon this sitewould be inconsistent with maintainingthe cultural heritage of the area.
a
a
o
a
a
Symons Goodyer Pty Limited Page 24.
ATTACHMENT TO IPP01 - 07/10/15 Page 96
TWaiwera Street, Lavender Baystatement of E nv i ro n m e nta I Effects
8.
,/ The proposal has been architecturally designed to provide a high level of amenitywithout compromising the amenity of neighbouring dwellings.
ls the exception request well founded?
For the reasons given above the exception request is considered to be well founded.
¿"{f'"/"Geoff Goodyer18 May 2OL5
Symons Goodyer fty Limited Page 25.
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7 Waiwera Street, Lavender BayStatement of Environmental Effects
Appendix 81
Clause 4.3 of NSLEP 2013
43 Height of buildings
(1) The objectives of this clause are as follows:
(a) to promote development that conforms to and reflects natural landformsby stepping development on sloping land to follow the natural gradient,
(b) to promote the retention and, if appropriate, sharing of existing views,
(c) to maintain solar access to existing dwellings, public reserves and streets,and to promote solar access for future development,
(d) to maintain privacy for residents of existing dwellings and to promoteprivacy for residents ofnew buildings,
(e) to ensure compatibility between development, particularly al- zoneboundaries,
(Ð to encourage an appropriate scale and density of development that is inaccordance with, and promotes the character of, an area.
(2) The height of a building on any land is not to exceed the maximum height shownfor the land on the Height of Buildings Map.
(2A) Despite subclause (2),the heigbt of the street elevation of any building on land inZoneR2 Low Density Residential that is also within a heritage conservation areamust not exceed 5.5 metres unless any adjoining buildings with the same streetfrontage are at least 2 storeys high.
(28) Despite subclauses (2) and (24), the maximum height of a building on land in thefollowing zones with a site area of less than 230 square metres (excluding the areaof any access handle, access way or right of carriageway) must not exceed 5.5
metres:
(a) ZoneR2 Low Density Residential,
(b) Zone R3 Medium Densþ Residential,
(c) Zone R4 High Density Residential.
(2C) (Repealed)
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7 Waiwera Street, Lavender BayStatement of E nvi ro n m e nta I Effects
Appendix 82
Defin ition of "development standa rds"
development standards means provisions of an environmental planning instrument or theregulations in relation to the carrying out of development, being provisions by or under whichrequirements are specified or standards are fixed in respect of any aspect of that development,including, but without limiting the generality of the foregoing, requirements or standards inrespect of:
(a) the area, shape or frontage of any land, the dimensions of any land, buildings or works, orthe distance of any land, building or work from any specified point,
(b) the proportion or percentage of the area of a site which a building or work may occupy,
(c) the character, location, siting, bulk, scale, shape, size, height, density, design or externalappearance of a building or work,
(d) the cubic content or floor space of a building,
(e) the intensity or density of the use of any land, building or work,
(f) the provision ofpublic access, open space, landscaped space, tree planting or othertreatment for the conservation, protection or enhancement of the environment,
(g) the provision of facilitieq for the standing, movement, parking, servicing, manoeuvring,loading or unloading of vehicles,
(h) the volume, nature and type of traffic generated by the development,
(i) road patterns,
O drainage,
(k) the carrying out of earthworks,
(l) the effects of development on patterns of wind, sunlight, daylight or shadows,
(m) the provision of services, facilities and amenities demanded by development,
(n) the emission of pollution and means for its prevention or control or mitigation, and
(o) such other matters as may be prescribed.
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