north sydney council...certifying authority). (reason: to ensure compliance with the terms of this...

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NORTH SYDNEY COUNCIL Council Chambers 29 January 2015 I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the Council Chambers, North Sydney at 4pm on Wednesday 4 February 2015 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. WARWICK WINN GENERAL MANAGER BUSINESS 1. Minutes Confirmation of Minutes of the previous Meeting held on 3 December 2014. (Circulated)

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Page 1: NORTH SYDNEY COUNCIL...Certifying Authority). (Reason: To ensure compliance with the terms of this development consent) Green Roof Maintenance Manual G12. A Maintenance Manual for

NORTH SYDNEY COUNCIL

Council Chambers 29 January 2015

I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the Council Chambers, North Sydney at 4pm on Wednesday 4 February 2015 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. WARWICK WINN GENERAL MANAGER

BUSINESS 1. Minutes

Confirmation of Minutes of the previous Meeting held on 3 December 2014. (Circulated)

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NSIPP COUNCIL CHAMBERS SEATING PLAN

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North Sydney Independent Planning Panel – 04/02/15 Page No 2

2. IPP01: 4 Walker Street, Lavender Bay (V) - DA319/14 Applicant: Urbanesque Planning Pty Ltd Report of Jonathan Archibald, Assessment Officer, 21 January 2015 This development application seeks Council’s approval for Alterations and Additions to an existing Residential Flat Building, comprising construction of new balconies, door openings and associated landscaping. The application is reported to NSIPP as the proposal has attracted a number of submissions during the public advertising period, and is referred to the Panel for Determination. The site is located within vicinity of a number of Local Heritage Items surrounding the site. The site is located within the Lavender Bay Conservation Area (CA12). Development for the purposes of a residential flat building is prohibited within the R3 Medium Density Residential Zone, however existing use rights have been established under Section 106 of the Environmental Planning and Assessment Act 1979. Proposed works are considered to be ancillary to the use as a residential flat building and are not considered to represent an expansion/intensification of the existing use. In accordance with the decision in Fodor Investments v Hornsby Shire Council (2005) directly, the prescriptive requirements of planning instruments and development control plans cannot be applied to the assessment of the application as they would detract from the Applicant's existing use rights. An assessment against the Existing Use Rights and Privacy Planning Principles established by the NSW Land and Environment Court is provided within this report. The application was notified between the 3 October 2014 and 17 October 2014. A total of two (2) submissions have been received objecting to the proposal. Concerns raised predominately relate to loss of Privacy, odour and noise impacts, to properties to the south, as well as matters relating to heritage, height, landscaping and permissibility. The proposal is not considered to result in any loss of view, loss of sunlight or reduce the visual presentation of the building from the public or private domain. The proposal will have a moderate degree of overlooking and some minor loss of privacy to surrounding properties numbered 1 and 1A Lavender Crescent. However, it is considered that such impacts are minimal and consistent within the established medium density nature of the locality. Additionally, given the orientation of buildings generally to the south, topography of the site and existing mature vegetation, impacts to adjoining properties is not considered unreasonable under the site circumstances. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions. Recommending: PURSUANT TO SECTION 80OF 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. 319/14 for the Alterations and Additions to the Existing

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Residential Flat Building Comprising Construction of New Balconies, Door Openings and Landscaping at 4 Walker Street, Lavender Bay, subject to the attached standard conditions:

3. IPP02: 16 West Crescent Street, McMahons Point (V) - DA227/14 Applicant: Melhem Hazzouri C/O Daniel Boddam Architects Report of Jonathan Archibald, Assessment Officer, 20 January 2015 This development application seeks Council’s approval for demolition of an existing dwelling house, retention of external walls and other minor structures and construction of a new split level (two and three storey) dwelling, including associated garage, swimming pool, storage shed and roof terrace at 16 West Crescent Street, McMahons Point (Lot 5 Section C DP 8). The application is reported to NSIPP as the proposed works breach the permissible height limit of 8.5m pursuant to clause 4.3(2) of the NSLEP 2013. The noncompliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Infrastructure. The proposal was publicly notified during the period 25 July 2014 to 8 August 2014, in accordance with Section 4 of the North Sydney Development Control Plan 2013. A total of ten (10) submissions objecting to the proposal were received. Further to revised plans submitted 25 September 2014, the application was re-notified during the period 10 October 2014 to 27 October 2014. During this period a further three (3) submissions were received by two (2) individual parties. Matters raised in submissions predominately include those of compliance with height, overall scale, loss of view, loss of amenity, landscaping and disturbance during construction processes. In response to matters raised, revised plans and supporting documentation was submitted to Council on 25 September 2014, including an overall reduction in building height by 750mm, as well as increased setback and articulation to the south east corner of the site. Further revised plans were submitted to Council on 7 January 2015 to reduce the site coverage non-compliance. Given the scale of revisions these plans were not required to be notified. With regard to concerns raised over view loss, it is acknowledged that the proposal would present minor impacts to existing views currently enjoyed by No.’s 9, 9A, 11 and 2/14 West Crescent Street. The view impacts however are found to be reasonable and acceptable given the particular site constraints and given the generally compliant nature of the proposed development with regard to building height. The height variation relates to a small portion of the proposed flat roof profile which would have no material adverse impact. The proposed roof terrace, is not supported and is recommended to be deleted by condition. Impacts arising from additional overshadowing have also been considered in detail and the development found to be acceptable against solar access provisions within the NSDCP2013. Concern has been raised over impacts to the one (1) unit immediately to the South. The application has been amended to modify the south eastern corner of the dwelling, including increased setback from the adjoining in an attempt to maintain reasonable solar access to the breezeway/dwelling entry of the adjoining property. The amended proposal; is considered reasonable against Solar Access objectives contained within the

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NSDCP2013. The proposal is noted as being otherwise generally compliant against Council’s applicable planning controls. Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is considered to be reasonable in the circumstances and is recommended for approval subject to imposition of conditions. Recommending: 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, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for height, grant consent to Development Application No. 227/14 for the proposed demolition of an existing dwelling house, retention of external walls and other minor structures and construction of a new split level (two and three storey) dwelling, including associated garage, swimming pool, storage shed, being subject to deletion of the proposed roof terrace component via imposition of conditions at 16 West Crescent Street, McMahons Point (Lot 5 Section C DP 8), subject to the following site specific conditions and the attached standard conditions. Deletion of roof terrace A5. No approval is granted nor implied for the proposed roof terrace. The roof terrace is to be deleted and replaced with planting area to match the approved green roof. Revised plans shall be submitted to the satisfaction of the Princial Certifying Authority prior to the issue of any Construction Certificate. (Reason: To ensure compliance with the North Sydney Development Control Plan 2013 and to maintain view corridors across the site) Reduction in Depth of Ground Floor and Lower Ground Floor Rear Balconies C1. The rear balcony components of both the Ground Floor and Lower Ground Floor are to be reduced in depth by 1.0m. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate. (Reason: To reduce the extent of variation to Site Coverage controls contained within the North Sydney Development Control Plan 2013) No ‘Drive Through’ Garage C2. The rear (western) wall of the approved garage component is to be replaced with a solid wall,containing no vehicle openings, as to prevent any vehicle access from the garage to the internal garden areas of the dwelling. Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate. (Reason: To clarify the terms of this consent) No Structures or Finishing Over Rock Face C3. No approval is granted nor implied for any structures, treatment or finishes to the rock face between the rear of the dwelling and lower pool level (excluding approved lift and access stairs). Details demonstrating compliance with this condition shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Construction Certificate.

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(Reason: To clarify the terms of this consent) Maximum Height of Green Roof Vegetation/Details of Green Roof Plantings C30. The maximum maturee height of all vegetation planted on the green roof shall not exceed 150mm above the finished roof level (RL19.67 AHD). The planting details of the green roof proposed green roof component, including however not limited to roof membrane, root barrier, drainage fabric, planting species, location and irrigation methods, must be certified by a suitably qualified Landscape Architect or Landscape Designer as complying with the requirementsof this condition, and submitted to the satisfaction of the Principal Certifying Authority, prior to the issue of any Construction Certificate. Note: Please refer to the North Sydney Council Green Roof and Wall Resource Manual for technical guidance on the design, construction and maintenance of green roofs. (Reason: To ensure compliance with the North Sydney Development Control Plan 2013 and to maintain view corridors across the site.) No Access from Sawmillers Reserve. E32. No approval is granted nor implied within this consent for access to the site from Sawmillers Reserve for construction purposes. (Reason: To ensure protection of Council assets and proper management of land during construction phase) Height G9. Upon completion of the works and prior to the issue of any Occupation Certificate the RL of the development measured at the roof ridge over the first floor balcony must be surveyed and certified by an appropriately qualified and practising surveyor as compliant with the maximum approved levels in accordance with approved plans showing RL19.67 AHD. This survey and certification must be submitted to the Certifying Authority with the application for an Occupation Certificate and a copy provided to Council (if it is not the Certifying Authority). (Reason: To ensure compliance with the terms of this development consent) Green Roof Maintenance Manual G12. A Maintenance Manual for the approved green roof component, prepared by a suitably qualified Landscape Architect or Landscape Designer shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Occupation Certificate. The Maintenance Manual shall include, at a minimum: (i) Frequency and methodology of maintenance requirements, having regard to compliance with Conditions C30 and I2 of this consent, restricting permissible height of all vegetation planted on the green roof to 150mm. (ii) Details of safety procedures; A copy of the Maintenance Manual is to be kept on site and provided to Council priot to issue of any Occupation Certificate. Note: Please refer to the North Sydney Council Green Roof and Wall Resource Manual for technical guidance on the design, construction and maintenance of green roofs. (Reason: To ensure compliance with the North Sydney Development Control Plan 2013 and to maintain view corridors across the site)

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Roof Maintenance/Height of Plantings I2. The approved green roof component must be maintained in a neat and tidy state at all times, in accordance with the Maintenance Manual contained within Condition G12 of this consent. The maximum mature height of all vegetation planted on the green roof shall not exceed 150mm above the finished roof level (RL19.67 AHD). (Reason: To ensure compliance with the North Sydney Development Control Plan 2013 and to maintain view corridors across the site.)

4. IPP03: 22 Clifton Street, Waverton (W) - DA232/14 Applicant: Antonin Sebesta Report of Kim Rothe, Senior Assessment Officer, 22 January 2015 The subject development application seeks approval for alterations and additions to the existing dwelling, including partial demolition and excavation at the rear of the dwelling and new single storey addition including a semi detached master bedroom suite linked to the main addition and central courtyard. The proposal is reported to NSIPP for determination due to the variations sought to NSDCP 2013 Context, Setback, Site Coverage and Landscape Area controls. The site also contains an identified Heritage Item (with its adjoining dwelling of 24 Clifton Street, Waverton) as well as being part of the Union, Bank and Thomas Street Conservation Area. Council’s first notification of the proposal attracted one (1) submission raising particular concerns about construction impacts, privacy, overshadowing associated with the application. The applicant submitted amended plans on 02 October 2014 in response to Council’s issues raised. The amended plans were re notified and attracted a further two (2) submissions raising concerns to construction impacts, privacy, overshadowing and appropriateness of species planting in the new green roof proposal. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The proposal has been assessed against the objectives of Council’s Development Controls and the resultant development is considered to achieve the objectives of these controls and would result in improved amenity for the occupants of the site whilst minimising the impact of the development to adjoining properties. The proposal is supported by Council’s Heritage Planner and is considered to preserve the Heritage Significance of the site and its adjoining dwelling at 24 Clifton Avenue, Waverton. Due to the small size of the site, the design before the Panel is considered to be optimal and further amendment to the proposal would exacerbate the non compliances identified throughout the report. Accordingly, the proposal is considered worthy of support in the circumstances and is recommended for approval subject to conditions. Recommending PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel under delegated authority from the General Manager, as the consent authority, grant consent

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to Development Application No. 232/14 for alterations and additions to the existing dwelling, including partial demolition and excavation at the rear of the dwelling and new single storey addition including a semi detached master bedroom suite linked to the main addition and central courtyard located at 22 Clifton Street, Waverton subject to the following site specific conditions and attached standard conditions. No Approval for Tree Removal A4.No approval is given or implied under this consent for the removal of the existing Japanese Maple Tree in the front yard of the property. This condition does not prevent its removal at a later time via application made to Council under the provisions of the Tree Preservation Order. (Reason: To enable the front boundary encroachment to be resolved prior to any tree removal) Reduction in Height of Green Roof Planting C1.The plantings to the “green roof” over the master bedroom are to limited to species with a maximum height of 1 metre or less. Landscaping 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 plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the Green roof planting do not result in future overshadowing or visual outlook issues) New Windows and Doors C2.New windows and doors to the rear addition are to have aluminium or steel framing sections of a width 35mm or wider, or are to be timber-framed. 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 plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To be sympathetic to the character of the original dwelling)

5. IPP04: 5D/8 Gasworks Road, Wollstonecraft (W) - DA 401/14

Applicant: Mukul and Kalpana Joshie Report of Adonna See, Graduate Assessment Officer, 19 January 2015 This development application seeks approval for alterations and additions to unit 5D of the existing residential flat building at 8 Gas Works Road, Wollstonecraft (Lot 16 SP 60590). The works involve the relocation of the external southwest facing dining room wall and window from behind the building line forward by approximately 900mm, and the deletion of a planter bed. The application is reported to North Sydney Independent Planning Panel for determination because the variation sought to the building height development standard is greater than 10% requiring determination by the NSIPP in accordance with delegation restrictions set by the NSW Department of Planning.

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Due to the minor nature of the works, the application was not notified in accordance with Section 4 of North Sydney DCP 2013. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: 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, assume the concurrence of the Director General of the Department of Planning and Environment and invoke the provisions of Clause 4.6 to the provision of Clause 4.3 (Height of Buildings) of NSLEP 2013 and grant consent to Development Application No. 401/14 for alterations to the south western facade of Unit 5D at 8 Gasworks Road, Wollstonecraft, subject to the attached standard conditions.

6. IPP05: 16 Holtermann Street, Crows Nest (W) - DA 307/14

Applicant: Victoria and George Bevan Report of Geoff Goodyer, town planning consultant, Symons Goodyer Pty Ltd, 22 January 2015 This development application seeks Council’s approval for alterations and additions to a semi-detached dwelling, including a rear two-storey extension. The application is reported to NSIPP as the property owners are related to an elected Councillor. In accordance with Council Policy, the application has been assessed by an independent consulting planner. The proposal is required to be referred to the Panel for determination. The proposed additions also involve new works above the permissible height limit of 5.5m pursuant to clause 4.3(2B) in NSLEP 2013. The non-compliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Infrastructure. The application was amended in response to comments from Council’s Conservation Planner. The application has been assessed by external consultants in accordance with Council’s Consultant assessment protocols for development relating to a Councillor. Council’s notification of the proposal has attracted one (1) neighbour submission and a comment from the Holtermann Precinct Committee raising particular concerns about overlooking, visual and acoustic privacy and solar access. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: 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, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of

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Clause 4.6 with regard to the exception to the development standard for height, grant consent to Development Application No. 307/14 for alterations and additions to existing semi-detached dwelling on land at 16 Holtermann Street, Crows Nest subject to the following site specific conditions and the attached standard conditions: Patio and fixed screen C1. The patio to the north of the proposed living room is to provide a setback of 900mm to the eastern side boundary. A fixed timber louvre/lightweight/lattice privacy screen with a height of 1.6m above the floor level of the patio is to be provided along the entire eastern side of the patio. The area between the patio and the eastern side boundary is to be suitably landscaped. 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 an adequate level of privacy is provided to the adjoining property located at 18 Holtermann Street, Crows Nest) Windows to upper level north elevation to be reduced C2. The windows to the upper level north elevation, are to be reduced in width to a maximum width of 800mm. 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 use of more traditional proportions) Windows frames to be powder coated C3.All new aluminium window frames are to have a powder coat finish in a colour to match the wall colour. No approval is given for metallic finish or dark coloured window frames. 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 reduce the heritage impact of the works) Obtain Driveway Crossing and associated works permit C4.Prior to the issue of the Construction Certificate, North Sydney Council must issue the applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘Vehicular Access Application’ form with payment of the adopted assessment/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The civil design drawings shall detail the following infrastructure construction requirements of Council in relation to the consent: a) The proposed vehicular access ways shall comply with AS 2890.1 and Council’s current Vehicular Access Application Guidelines and Specification

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(gutter bridges not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor. b) The crush barrier on Alexander Lane, next to the proposed vehicular access must be reduced in the same manner as on the South-West side end. c) The width of the vehicular layback shall be 5.5m (including the wings). d) The gutter levels and road shoulder levels on Alexander Lane shall stay unchanged. e) The property boundary levels at driveway crossing (garage/carport slab) shall be set no more than 110 mm above the existing gutter levels at any point along the boundary. f) Alignment levels at the boundary have an important impact on the proposed levels for new driveway. No work should start until first obtaining boundary alignment levels from Council. Council has the authority to remove any unauthorized works at the cost of the property owner. g) The Certifying Authority must ensure that the internal property levels at boundary matches councils boundary levels. h) The kerb gutter, and 600 mm road shoulder wide- strip, adjacent to all new layback and gutter works, on Alexander Lane shall be reconstructed, to ensure uniformity in the road reserve. i) Any twisting of driveway access to ensure vehicles do not scrape shall occur entirely within the subject property. j) All inspection openings, utility services shall be adjusted to match the proposed driveway levels and location. k) The design detail has to be provided with vehicular access application and must include sections along centre-line and extremities of the crossing at a scale of 1:25. Sections are to be taken from the centre of the roadway through to the parking area itself and shall include all changes of grade and levels, both existing and proposed. l) A longitudinal section along the footpath property boundary at a scale of 1:50 is required and shall include all changes of grade and levels, both existing and proposed. m) The sections shall show the calculated clearance to the underside of any overhead structure. n) Pipelines within the footpath area shall be hot dipped galvanized rectangular steel hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres. All driveway and infrastructure works on the road reserve must proceed in accordance with the terms of the permit issued by Council. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued. (Reason:To facilitate appropriate vehicular access to private sites, without disruption to pedestrian and vehicular traffic) Service adjustments E1.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

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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)

7. IPP06: 15 Stratford Street, Cammeray (T) - DA259/14 Applicant: Catrina Bleicher, 3/95 Surrey Street, Darlinghurst Report of Luke Donovan, Senior Assessment Officer, 27 January 2014 This development application seeks approval from NSIPP for the demolition of the existing dwelling and the construction of a new dwelling with retaining walls and associated landscaping on land at No. 15 Stratford Street, Cammeray. The application is referred to the North Sydney Independent Planning Panel for determination due to the level of public interest expressed by owners/residents of the adjoining properties. Council’s notification of the original proposal attracted four (4) submissions and the amended proposal attracted three (3) submissions. The submissions raised particular concerns about the loss of views, visual privacy, solar access, excessive visual bulk, non compliant site coverage and landscaped area, uncharacteristic rear setback and extensive excavation. The amended proposal is considered to generally satisfy the objectives of the E4 Environmental Living zone as it will likely have lower impact on the environment with a reduction in the building footprint, an increased rear setback and improved soft landscaping across the site with less cut and fill. The amended proposal complies with Council’s key numerical controls in NSLEP 2013 and NSDCP 2013 relating to building height, site coverage and landscaped area. The amended proposal generally respects the natural landform of the site and is designed and sited to maintain a reasonable level of residential amenity in terms of solar access, privacy and view sharing for adjoining properties. The application is generally supported by Council’s Development Engineer and Landscape Development Officer subject to recommended conditions of consent. Following this assessment, and having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions of consent. Recommending: 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. 259/14 for the demolition of the existing dwelling and the construction of a new dwelling with associated landscaping on land at No.15 Stratford Street, Cammeray, subject to the following site specific conditions and the attached standard conditions:-

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Front fence C1. The metal fence above the sandstone front wall must have a maximum height of 1000mm (above the top of the wall) and be a minimum of 50% transparent. 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 maintain the streetscape character) Level 3 roof C2 The level 3 roof of the development must remain as a non trafficable area. 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 residential amenity is maintained with surrounding properties) Level 3 roof I1 The level 3 roof of the development must remain as a non trafficable area in perpetuity. (Reason: To ensure residential amenity is maintained with surrounding properties)

8. IPP07: 50 Cammeray Road, Cammeray (T) - DA 413/14 Applicant: Damien O’Connor Report of C.F.Blyth, Consultant Town Planner, Plansight Pty Ltd, 9 January 2015 This development application seeks consent from NSIPP for alterations and additions to the existing semi detached dwelling house on the subject site including internal rear ground floor alterations and the erection of first floor level containing 3 bedrooms and bathrooms. The application is referred to the North Sydney Independent Planning Panel for determination because an adjoining property owner is related to a Council employee and the variation sought to the building height development standard is greater than 10%, which requires determination of the application by the Panel in accordance with the directions from the NSW Department of Planning and Environment. To avoid any suggestion of a conflict of interest this application has been externally assessed. Notification of the proposal resulted in one (1) submission raising concerns principally about potential privacy loss. This matter has been addressed along with the performance of the application against the relevant planning instruments and policies. The proposed first floor additions are considered to be in context with the character of the area and acceptable in the circumstances of the case. The proposal complies with the site coverage, landscaped area, unbuilt area and setback controls in NSDCP 2013. The proposal does not have any adverse or unacceptable amenity impacts related to solar access and view sharing. An amended plan will be required proposing privacy screens to the first floor windows in Bedroom 2 and 3 and

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the rear full length glass doors off bedroom 3. The privacy screens are necessary in order to minimise overlooking into the rear outdoor recreation areas of Nos. 48 and 52 Cammeray Road. An appropriate condition of consent has also been recommended. The proposal has been assessed having regard to Section 79(C) of the Environmental Planning and Assessment Act 1979 (as amended) and generally found to be satisfactory. The application is, therefore, recommended for approval subject to appropriate site specific and other standard conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and the Environment and invoke the provisions of Clause 4.6 in NSLEP with regard to the exception to the development standard for building height and grant consent to Development No. 413/14 for alterations and additions to No. 50 Cammeray Road, Cammeray subject to the following site specific conditions and standard conditions: Materials and colours C1. The roof materials of the proposed first floor addition must be terracotta tiles to match the existing dwelling. A schedule of external colours and finishes detailing the above must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure that the completed colours and finishes of the works are compatible with surrounding development) First Floor Bathrooms Windows C2. The proposed first floor ensuite and main bathroom windows must be fitted with permanent obscure glazing. 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 privacy for surrounding compatible with surrounding development) First floor Privacy Screens C3.Fixed privacy screens with louvers that still allow natural light and ventilation but discourage overlooking into the adjoining properties must be applied to the rear first floor full length doors within bedroom 3 and north eastern facing first floor windows within bedrooms 2 and 3. 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 privacy for adjoining properties)

9. IPP08: 24 Parraween Street, Cremorne (T) - DA 410/14 Applicant: Christophe Louis Charkos

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Report of Jason Lambropoulos Assessment Officer, 27 January 2015 This development application seeks NSIPP approval for substantial alterations and additions to an existing semi-detached dwelling including a first floor addition on land at No.24 Parraween Street, Cremorne. The application is reported to North Sydney Independent Planning Panel for determination because the proposed works are above the permissible height limit of 5.5m pursuant to Clause 4.3 (2B) in NSLEP 2013. The non-compliance with the permitted height limit is greater than 10% requiring determination by North Sydney Independent Planning Panel as directed by the Department of Planning and Environment. Council’s notification of the proposal has attracted one submission raising particular concerns about overshadowing and the loss of solar access to an adjoining property. With regard to the concerns raised in the submission, the proposal would not cause additional shadowing impacts upon the adjoining property to the north-east in midwinter as its south-western windows are already significantly overshadowed by the apartment building at No.29-35 Gerard Street. The Applicant’s request seeking a variation to the LEP’s building height development standard is considered to be well founded, so compliance with the standard is unreasonable and unnecessary because the proposal would not cause material amenity impacts on the adjoining properties in terms of solar access, and the scale of the development is in keeping with the existing but mixed character of the locality. The development would not alter the existing front facade of the dwelling with the first floor addition located towards the rear of the building and adequately setback from the front building line so that it is not highly visible from the street. Nevertheless a condition of consent is recommended requiring a more transparent front fence. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions Recommending: 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, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the variation to the development standard for building height, and grant consent to Development Application No. 410/14 for alterations and additions to the existing building including a first floor addition, subject to the attached standard and the following site specific conditions:- Landscape Plan C1.The applicant shall submit a landscape plan for the subject site, based on drawing numbered A001 dated 27.10.14 and prepared by 4d Architecture and Design, identifying the species of plants to be planted, their numbers and their mature heights to ensure appropriate landscaping treatments within the subject property.

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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 requirement of this condition. (Reason:To ensure appropriate landscaping treatments) Proposed works to be contained wholly within subject site C2.The proposed works are to be contained wholly within the subject site. 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 all works do not encroach onto adjoining properties or onto Council’s land) Front Fence C3.The proposed front fence must have an overall height of 1.5m from existing ground level with a solid base of no greater than 1m in height with timber pickets above which have a transparency level of 50%. 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 requirement of this condition. (Reason:To maintain visibility of the dwelling from the public domain)

10. IPP09: Unit 18, 373 Alfred Street North, North Sydney (V) - DA 432/14

Applicant: Phillip Mark Andriske Report of Natalie Moore, Assessment Officer, 21 January 2015 This development application seeks approval to extend the window within the living room of Unit 18, on the southern elevation of the existing residential flat building. The proposed works would breach the 12m height limit for the site under Clause 4.3 of North Sydney Local Environmental Plan 2013. As the breach is greater than 10%, due to the delegation limitation imposed by the Director General of the Department of Planning, the application must be determined by NSIPP. Notification of the application attracted no (nil) submissions. The proposal does not intend to alter the envelope or built form of the existing residential flat building and the extension of the window and variation to the building height development standard does not give rise to any additional material impacts on the amenity of adjoining properties in terms of overshadowing, privacy or view impacts. Following assessment of the application, the proposed development and variation to the building height development standard is considered to be reasonable and justifiable in the circumstances, and the application is recommended for approval subject to conditions. Recommending: 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, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for

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building height, and grant consent to Development Application No. 432/14 for alterations to the southern facade of Unit 18 at 373 Alfred Street North, North Sydney, including extension of the existing window, subject to the following site specific condition and the attached standard conditions:- Colours and Materials of New Window C1. The external colours and materials of the new window (including framing and glazing) shall match, or be compatible with, the colours and materials of the windows within the existing building. A schedule of external colours and finishes must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certification, fully satisfy the requirements of this condition. (Reason: To ensure that the completed colours and finishes of the works are compatible with the existing building)

11. IPP10: 57 Kurraba Road, Neutral Bay (C) - DA326/14 Applicant: Robert Carr Report of Kim Rothe, Senior Assessment Officer, 16 January 2015 The subject development application seeks approval for alterations and additions to the existing dwelling, including extension to garage, new rear deck and external stairs. The proposal requires reporting to NSIPP for determination due to the variations sought to NSDCP 2013 Site Coverage and Landscape Area controls. A variation is also sought to the NSLEP 2013 Building Height control however were this variation in isolation of the Site Coverage and Landscaped Area control, it is likely this application could have been determined under delegated authority (variation <10%). Council’s notification of the proposal attracted two (2) submissions including raising particular concern of potential privacy impacts associated with the application. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The bulk and scale of the proposal is generally consistent with the existing built form and the future character envisaged in Council’s controls and existing surrounding buildings. The proposal rationalises and improves on the functionality of a number of existing outdoor private open spaces. The proposal is supported by Council’s Conservation Planner who advises that the works will not result in the degradation of the significance of the Heritage item in the Kurraba Road Conservation Area. The building is largely contained below the 8.5 m height limit, however elements of the proposal are in breach of the NSELP 2013 Building Height control. These elements however, being minor roof elements, do not give rise to any material impacts with regards to the objectives of Clause 4.3 Building Height of NSLEP 2013 and the proposal is acceptable in this regard. Conditions are recommended requiring the installation of privacy screens to the eastern and western balcony and garage roof top terrace as appropriate. Subject to compliance with the recommended conditions, the proposal will not result in any unacceptable privacy impacts.

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Analysis of the proposal against the objectives of Council’s Site Coverage and Landscape Area NSDCP 2013 controls, indicates that the resultant development will not offend these objectives and result in improved amenity for the occupants of the site. Accordingly, the proposal is considered worthy of support in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel as the consent authority assume the concurrence of the Director General to the provisions of Clause 4.3 Building Height of NSLEP 2013, grant consent to Development Application No. 326/14 for alterations and additions to the existing dwelling, including extension to garage, new rear deck and external stairs located at 57 Kurraba Road, Neutral Bay subject to the following site specific conditions and attached standard conditions. No Approval for Works to the Eastern Boundary A4. No approval is given or implied to undertake works on the common boundary between 57 and 59 Kurraba Road, Neutral Bay inclusive of demolition, removal of fencing/screening of vegetation. Any works are not to proceed until owners consent and relevant approvals has been obtained. (Reason: To clarify the terms of consent) Privacy Measures to Ground Floor Balcony C2.The following privacy devices are to be provided: a)Fixed timber louvre privacy screens shall be attached to the eastern and western elevations of the ground floor balcony with a minimum height of 1.8 metres above the balcony floor level. 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 an adequate level of privacy is provided to adjoining property located at 55 and 59 Kurraba Road, Neutral Bay) Privacy Measures to Garage Roof Terrace C3.The following privacy devices are to be provided: a)Fixed timber louvre privacy screens shall be attached to the western elevation of the garage rooftop terrace from between the retained Murraya Sp. hedge planter and southern extent of the existing garage and with a minimum height of 1.8 metres above the balcony floor level. 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 an adequate level of privacy is provided to adjoining property located at 55 and 59 Kurraba Road, Neutral Bay) Design Amendment to Basement Storage Area C4.The openings which separate the existing garage car parking spaces and the approved basement storage area are to be reduced to be a maximum of 2

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metres wide. 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 approved storage area is used for storage area and not utilized for ancillary parking space for additional vehicles) Balustrades C5.Balustrades to be vertical steel palisade or vertical timber picket. 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 be sympathetic to the character of the Kurraba Point Conservation Area)” Maximum Number of Car parking Spaces I1.A maximum of two (2) car parking spaces are approved on site and any ancillary space in the basement area is to be utilised for storage purposes only and not for ancillary car parking area. (Reason:To set the maximum amount of parking approved on site in accordance with NSDCP 2013)

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

This is Page No 1 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL

MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 3 DECEMBER

2014, AT 2.00PM.

PRESENT

Chair:

Jan Murrell in the Chair.

Panel Members:

Michael Harrison, Panel Member

Francesca O’Brien, Panel Member

Virginia Waller, Panel Member

Staff:

Stephen Beattie, Manager Development Services

Geoff Mossemenear, Executive Assessment Planner

Robyn Pearson, Team Leader, Assessments

David Hoy, Team Leader, Assessments

Peita Rose, Corporate Administration Support Officer (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSIPP Meeting of Wednesday 5 November 2014 were confirmed following that

meeting.

2. Declarations of Interest: Nil

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NORTH SYDNEY INDEPENDENT PLANNING PANEL – 03/12/14 Page No 2

This is Page No 2 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

3. Business Items

ITEM 1

DA No:

284/14

ADDRESS:

12 Waruda Street, Kirribilli

PROPOSAL:

Alterations and additions to an existing two storey detached

dwelling including a single storey rear addition

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL: The applicant is referred to NSIPP for determination following the

request from Councillors and interest expressed by the adjoining

properties.

APPLICANT: Melinda Snowden

Public submissions

Melinda Snowden - Applicant

Wendy Thompson - Executive Committee Owners Corporation Strata Plan 13035

Martha Casoy - Submitter

Tim Fawcett - Submitter

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel subject to the following conditions

to be amended:

Condition C1 is to be deleted and the following condition to be inserted:

C1. The existing stained glass panels in the front facade are to be reused in the new door opening.

The width of the opening must not exceed the width of the existing window. Details to be

provided to the satisfaction of Council’s Conservation Planner prior to the issue of the

Construction Certificate.

Condition C4 is to be amended to read as follows:

Privacy Protection

C4. Translucent glass or equivalent shall be applied to the ground floor windows on the western

elevation (W04, W05, W06) to the height of 1.7m from the intense floor level to ensure

privacy protection for the adjoining property to the west at No.10 Waruda Street.

Window (W04) shall be fixed in a closed position to protect the acoustic amenity of the

adjoining property to the west at No.10 Waruda Street.

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 requirement of this condition.

(Reason: To protect visual and acoustic privacy for the residents of the adjoining property)

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This is Page No 3 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

(Panel Reason: The Panel has considered all representations and has determined the proposal

is satisfactory subject to the above conditions and the conditions contained in the officers

report including low reflectivity of the rear roof material, height of the side boundary fence

and the window treatment on the western elevation.)

The following additional condition is to be imposed:

C23. The eastern boundary fence is to be a maximum of 1.8m measured from the ground level of the

adjoining path at No. 14.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 2

DA No:

563/03/4

ADDRESS:

30 Alfred Street, Milsons Point

PROPOSAL:

Modification to consent, to amend plans for the approved

development comprising demolition of the existing buildings and

erection of a multi-level mixed use development.

REPORT BY NAME:

Geoff Mossemenear

REASON FOR NSIPP

REFERRAL:

Six submissions. The application also seeks to vary the minimum

floor space ratio requirement for non residential floor space on the

site.

APPLICANT: Fu Ji (Milsons Point) Pty Ltd

c/- JBA Planning Pty Ltd

Public submissions

Ben Craig - Submitter

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

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This is Page No 4 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

ITEM 3

DA No:

353/14

ADDRESS:

Lavender Bay Foreshore (Quibaree Park), Walker Street,

Lavender Bay

PROPOSAL:

Upgrade of existing amenities block in Quibaree Park,

Lavender Bay Foreshore

REPORT BY NAME:

David Hoy, Team Leader Assessments

REASON FOR NSIPP

REFERRAL: The application is reported to North Sydney Independent

Planning Panel for determination as the proposal is for

Council works which have been the subject of lengthy public

consultation and design work shops. Determination of the

matter by the independent panel is in the public interest.

APPLICANT: North Sydney Council

Public submissions

No persons elected to speak on this item.

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

Approval of this refurbishment should not preclude the future relocation of the amenity block to a

more appropriate location nearby or within the existing railway viaduct infrastructure.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 4

DA No:

193/14

ADDRESS:

5 Commodore Crescent, McMahons Point

PROPOSAL:

Demolition of existing dwelling and construction of a new three

storey dwelling with double garage and associated landscaping

works

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL: Extent of Variation to NSLEP 2013 Building Height control exceeds

10%

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This is Page No 5 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

Number of Public Submissions

APPLICANT: Satyaranj Kumar Singh

Public submissions

Robert Muir - Submitter

Jake Eaton - Submitter

Barry Millwood – on behalf of applicant

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

The panel determined that the recessed eastern windows and the separation distance to No. 7

Commodore Crescent does not warrant further privacy treatment. The upper deck from the master

bedroom is well setback from the parapet and will not result in any unreasonable privacy impacts.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 5

DA No:

170/14

ADDRESS:

27 Carr Street, Waverton

PROPOSAL:

Skylight to Attic

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL: Extent of Variation to NSLEP 2013 Building Height control exceeds

10%

Matter was deferred from 1 October 2014 Meeting Agenda at

request of Owner.

APPLICANT: Hom Te

Public submissions

No persons elected to speak on this item.

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

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Meeting held on Wednesday 3 December 2014.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 6

DA No: 168/14

ADDRESS: 48-50 Bay Road, Waverton (W)

PROPOSAL:

Change of use from a boarding house to two semi-detached

dwellings involving alterations and additions, additional parking,

and subdivision into two lots

REPORT BY NAME: Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL: The application is reported to NSIPP for determination as the

extent of variation to the NSLEP 2013 Building Height control

exceeds 10%.

APPLICANT: Kathryn McLean

Public submissions

Kathryn McLean - Owner

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

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This is Page No 7 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

ITEM 7

DA No: 153/14

ADDRESS: 100 Miller Street, North Sydney (V)

PROPOSAL: Removal of existing signage and erect new building identification

signage

REPORT BY NAME: David Hoy, Team Leader Assessments

REASON FOR NSIPP

REFERRAL: The application is reported to NSIPP for determination due to the

matter being to a significant departure from Council’s advertising

& signage policy with regard to “new technology” signage in a

prominent North Sydney CBD location.

APPLICANT: Tower Holdings Pty Ltd

Mr Anthony Aiossa

Public submissions

Anthony Aiossi - Applicant

Belinda Barnett - Consultant

Nicholas Brunton - Consultant

Business Item Recommendations

The Panel grants a conditional approval to the application subject to the following:

a) The proposed LED Panels to the eastern and western building elevations are to be deleted and

the existing signs on the eastern and western elevations are to be removed;

b) The dimension of the LED panels on the southern and northern elevations is to be restricted to

a width limited to the central four bays within the column lines and a maximum height of

5.5m;

c) The LED panels are not to be sold or leased for commercial advertising in the guise of a

building identification sign;

d) The LED panels are only to display one name at any one time for a minimum period of 12

months as nominated by the applicant and advised to Council in writing prior to operation;

e) A separate development application is to be lodged with Council for a change to the display

on the LED panels;

f) The sign is not to be illuminated outside the hours of Council’s standard curfew hours of

1.00am to 7.00am.

(Panel Reason: To provide conditional approval to appropriate new signage technology for the

purposes of building name signs whilst ensuring that the approval would not result in the

proliferation of signage on all building elevations and does not contain commercial advertising.

The Panel considered that the LED signage technology is generally not inconsistent with the intent

of Council’s signage guidelines but considered that short interval dwell times would not be

appropriate and that appropriate management restrictions must be applied)

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This is Page No 8 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 8

DA No:

57/14

ADDRESS:

22 Carlow Street, North Sydney

PROPOSAL:

Alterations and additions to an existing semi-detached dwelling

including a first floor addition.

REPORT BY NAME:

Brett Brown, Consultant Planner

REASON FOR NSIPP

REFERRAL: Variation sought to the building height development standard is

greater than 10%, which requires determination of the application

by the Panel in accordance with the directions from the NSW

Department of Planning.

The application site also relates to a Council employee which raises

the potential for the perception of a conflict of interest.

APPLICANT: Paul Garrath Gladwin

Public submissions

No persons elected to speak on this item.

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

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This is Page No 9 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

ITEM 9

DA No:

466/13

ADDRESS:

479 Pacific Highway, Crows Nest

PROPOSAL:

Section 96 Modification to amend conditions relating to an

approved mixed use building

REPORT BY NAME:

Lara Huckstepp, Executive Planner

REASON FOR NSIPP

REFERRAL: Seeks deletion of NSIPP imposed condition

APPLICANT: Wyndel Property Group

Public submissions

No persons elected to speak on this item.

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 10

DA No:

316/13/2

ADDRESS:

139 -147 West Street Crows Nest

PROPOSAL:

Modification to consent, to amend plans for the approved

development comprising demolition existing buildings and

construct 4 storey apartment building consisting 50 apartments and

basement parking for 68 vehicles

REPORT BY NAME:

Geoff Mossemenear

REASON FOR NSIPP

REFERRAL: The original consent was determined by NSIPP at its meeting of 2

April 2014.

3 submissions

APPLICANT: D & A Property Group Pty Ltd

Public submissions

Tony Owen - Architect

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Meeting held on Wednesday 3 December 2014.

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel with conditions C1 and C2 amended

as follows:

Design Modifications

C1. The following design modifications shall be applied to the proposed apartment building:

(a) The fixed screening to the western elevation affecting apartments 19, 28, 34, 40 and

45 shall be replaced with sliding screens. similar to the sliding screens on the western

elevation to the north of the entry.

(b) The gate and fence to the vehicle entry shall be setback 1500mm from the front

boundary.

The Certifying Authority must ensure that the building plans and specifications submitted by

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

satisfy the requirements of this condition.

(Reason: To improve amenity to apartments, be consistent with streetscape, safety for

pedestrians)

Privacy Screening

C2. The following privacy screening shall be applied to the southern side of the proposed

apartment building:

(a) The first floor level south facing corridor shall have a solid balustrade or opaque glass

screen (not louvred) to a height of 1500mm within the proposed metal screen shown

on drawing numbered DA56A - Corridor section;

(b) The southern end of the terrace to apartment 39 shall have a solid balustrade or

opaque glass obscure screen (not louvered) to a height of 1500mm;

(c) The external staircase shall have solid or obscure glass screening to a height of

1500mm at all steps and landings.

The Certifying Authority must ensure that the building plans and specifications submitted by

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

satisfy the requirements of this condition.

(Reason: To reduce privacy impacts to the adjacent apartment building)

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

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NORTH SYDNEY INDEPENDENT PLANNING PANEL – 03/12/14 Page No 11

This is Page No 11 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

ITEM 11

DA No: 109/14

ADDRESS: 289-291 Miller Street, Cammeray

PROPOSAL: Residential Flat Building

REPORT BY NAME: Lara Huckstepp, Executive Planner

REASON FOR NSIPP

REFERRAL: Development Type

APPLICANT: James Elliott

Public submissions

No persons elected to speak on this item.

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 12

DA No:

200/14

ADDRESS:

5-7 Carter Street, CAMMERAY

PROPOSAL:

Alterations and addition to an existing heritage listed church

including a two storey addition to provide five function rooms, a

new church entrance, church offices and new retaining structures

at the rear of the property.

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL: The applicant is referred to NSIPP for determination following the

request from Councillors and strong interest expressed by the

community.

APPLICANT: Malone Campbell Allen Architects P/L

Public submissions

Megan McGlashan - Submitter

Jeremy Dean - Submitter

Michael Rowe - Principal Planner /JBA

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NORTH SYDNEY INDEPENDENT PLANNING PANEL – 03/12/14 Page No 12

This is Page No 12 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

Rick Smith - Naremburn Senior Minister

Janine Burros - Submitter

Brian Holt - Representing Applicant

Stephen Mullins - Church Warden

Business Item Recommendations

That the application be granted a deferred commencement for the following matters to be satisfied

prior to the consent becoming operational:

a) Amendment to architectural drawings showing appropriate privacy measures to the southern

most elevation of the top floor;

b) The access path from the street frontage along the eastern side is to be gated and secured to

reduce pedestrian movement;

c) A revised stormwater plan showing the detention tank and all associated structures setback a

minimum of 4 metres from the southern and eastern boundaries. The landscape plan shall be

amended accordingly to Council’s satisfaction

d) The Operational Management Plan shall be amended to reflect the condition to require no

commercial leasing and the premises are to be used for Church purposes only.

(Panel Reason: To maintain reasonable privacy and amenity for adjoining neighbours and to

allow the planting of trees to filter the proposed building)

The deferred commencement conditions above must be addressed to Council’s satisfaction within 6

months.

That Council will apply conditions of approval appropriate to the development.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 13

DA No:

302/14

ADDRESS:

68 Cammeray Road, Cammeray

PROPOSAL:

Alterations and additions to existing dwelling including first floor

additions, extension to ground floor rear timber deck and 3 new sky

lights

REPORT BY NAME:

Tony Moody, Consultant Town Planner

REASON FOR NSIPP

REFERRAL:

The application is reported to NSIPP to avoid any potential conflict

of interest as the subject site is in proximity to the residence of a

Council Officer.

APPLICANT: Sydney Extensions and Designs

Public submissions

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NORTH SYDNEY INDEPENDENT PLANNING PANEL – 03/12/14 Page No 13

This is Page No 13 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

No persons elected to speak on this item.

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

ITEM 14

DA No:

175/14

ADDRESS:

4 Ellalong Road, Cremorne

PROPOSAL:

Substantial demolition of the existing attached dual occupancy and

the construction of a new attached dual occupancy with tandem

garages and associated landscaping.

REPORT BY NAME:

Luke Donovan, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

The noncompliance with the permitted height limit is greater than

10% requiring determination by North Sydney Independent

Planning Panel as directed by the Department of Planning and

Environment.

APPLICANT: Philip Herald

Public submissions

Philip Herald - Applicant

Business Item Recommendations

The Council Officer’s Recommendation is endorsed by the Panel subject to the details of the front

fence being submitted for the written approval of Council prior to the Construction Certificate. The

fence is to be no greater than a height of 1.2m from the footpath with appropriate landscaping behind

to provide privacy.

After Condition E14 insert a new condition as follows:

E15. A landscape and means of maintenance plan is to be submitted to the satisfaction of Council’s

Landscape Development Officer prior to the issue of the Construction Certificate.

(Panel Reason: To ensure the property is maintained to be free of noxious weeds)

Voting was as follows: Unanimous

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NORTH SYDNEY INDEPENDENT PLANNING PANEL – 03/12/14 Page No 14

This is Page No 14 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on Wednesday 3 December 2014.

Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X

Michael Harrison X Francesca O’Brien X

The public meeting concluded at 4.15pm.

The Panel Determination session commenced at 4.20pm.

The Panel Determination session concluded at 7.00pm.

Endorsed by Jan Murrell

North Sydney Independent Planning Panel

4 December 2014