north sydney council...north sydney council council chambers 1 february 2018 i wish to inform you...

NORTH SYDNEY COUNCIL

Council Chambers

1 February 2018

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 2.00pm on Wednesday

7 February 2018 when your attendance is requested.

Your attention is directed to the accompanying statement of the business proposed to be

transacted at such meeting.

KEN GOULDTHORP

GENERAL MANAGER

BUSINESS

1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday

6 December 2017.

(Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

Pane

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Panel Member Panel Member

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Speaker/s

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 07/02/18 Page No 2

2. IPP01: 50 Ridge Street, North Sydney (W) - DA78/16/3

Applicant: North Sydney Leagues Club Ltd

Report of Geoff Mossemenear, Executive Planner

This Section 96AA application seeks Council’s approval to modify Court

Consent No. 78/16 following the 12-month trial period, relating to increased

patron levels after 9pm; modifications to operational conditions with respect to

security guards and Plan of Management. The application is referred to NSIPP

as NSIPP determined the original application.

Council’s notification of the proposal has attracted two submissions raising

particular concerns about ongoing amenity impacts for patrons leaving the

premises. The assessment has considered these concerns as well as the

performance of the application against Council’s planning requirements.

Following this assessment, the application is recommended for partial

approval by modifying the conditions of consent relating to patron levels;

modifications to operational conditions with respect to security guards and Plan

of Management.

Recommending:

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND

ASSESSMENT ACT 1979 (AS AMENDED)

THAT the North Sydney Independent Planning Panel, under delegation from

the General Manager, as the consent authority, modify consent No. 78/16 (Land

and Environment Court case No. 2016/170886 determined on 6 January 2017,

as detailed in Section 96AA application No. 78/16/3 under the provisions of

Section 96AA of the Environmental Planning & Assessment Act only in so far

as the following:

To delete conditions I1, I5, I10, I12, I13, I14 and I15 and insert in lieu thereof

the following new conditions namely:

Hours of Operation/Patron Numbers

I1. The normal hours of operation and maximum patron numbers are:

7am to 12 midnight, Monday to Saturday.

7am to 10pm, Sunday.

the Outdoor Area is to cease use at 10pm.

a maximum of 600 patrons between 7am and 9pm, 7 days per week.

a maximum 400 patrons between 9pm and midnight for the Club, Monday

to Saturday and 9pm to 10pm Sundays.

Anzac Day, no opening time but subject to normal hours of operation for

closing and maximum patron numbers.

the Outdoor Area to operate with a 250 patron limit between 9pm and

10pm, 7 days.

Except as amended or restricted by the following:

The Club may operate for special event days with:

A maximum of 900 patrons until 9.30pm.

A maximum of 600 patrons between 9.30pm and 12.30am (the following

day).

A maximum of 400 patrons between 12.30am and 2.00am (the following

day)

Definitions

“Outdoor Area” is the area of the most northerly bowling green covered and

used for drinking/dining and shown on survey plan from LTS Lockley, Ref No

42549DT, Sheet 1 of 2 and the area between greens 2 and 3.


“Special event days” are New Year’s Eve.

Upon expiry of the permitted hours:

(a) all restaurant service (and entertainment) must immediately cease;

(b) no person shall be permitted entry; and

(c) patrons on the premises must leave within the following 15 minutes of

any change to the number of patrons required by the conditions of consent.

(Reason: To ensure that amenity of the surrounding locality is

maintained and hours of operation are consistent with those in

surrounding locality)

Plan of Management

I5. The management of the premises shall be conducted in accordance with

the Plan of Management prepared by Design Collaborative Pty Ltd, dated

October 2017, except Section 2.2 (hours); Section 2.3 (capacity) and

Section 5.1 (number and deployment of security) and where otherwise

amended by the conditions of this consent.

(Reason: To ensure the ongoing operation of the premises is in

accordance with the terms of this consent)

Security

I10. At any time after 6pm that there are more than 150 patrons at the Club,

the licensee must ensure at least one security guard is deployed to

continuously patrol and monitor the patron queue and the 50 metre

vicinity of the Club.

On any day when the Club trades past 10:00pm the Club is to provide 1

security guard to monitor and patrol the driveway entrance on Ridge

Street after 6pm. A second security guard is to be positioned at the

end of the driveway (beginning of carpark) from 9pm onwards. Security is to actively ensure that patrons do not disturb the quiet and good

order of the neighbourhood.

At any time after 6pm that there are more than 150 patrons at the Club,

the licensee must ensure at least two security guards for the first 100

patrons and a ratio of 1 security guard per 100 patrons thereafter.

(Reason: To protect neighbourhood amenity)

3. IPP02: 177 Pacific Highway North Sydney (V) – DA 142/16/2

Applicant: Matthew Harvey

Report of Geoff Mossemenear, Executive Planner

This Section 96(2) application seeks Council’s for modification of the approval

for the installation of six (6) illuminated building identification signs at roof and

podium level of the building. It is proposed to delete condition A3 of the consent

to allow illumination of rooftop sign (Vodafone) on the western elevation of the

building.

The application is referred to NSIPP as the consent was granted by NSIPP at its

meeting of 6 July 2016.

Council’s notification of the original proposal attracted two submissions raising

particular concerns about the number of signs, the content and illumination

impact on residents. One submission was received in response to notification of

the proposed modification raising concerns about non-compliance with policy,

amenity impact and poor precedent for other buildings. The assessment has


considered these concerns as well as the performance of the application against

Council’s planning requirements.

Following this assessment, the application is not considered to be reasonable in

the circumstances and is recommended that the consent not be modified.

Recommending: THAT the North Sydney Independent Planning Panel, as the consent authority,

not modify consent to Development Application No.142/16, dated 11 July

2016, as detailed in Section 96(2) application No.142/16/2, with regard to the

request to delete condition A3 to allow for illumination of the Vodafone sky

signage on the western elevation, as the proposed modification would not ensure

appropriate forms of signage that are consistent with Council’s controls and

those that are desired for the locality, and do not interfere with amenity of

nearby properties.

4. IPP03: 13 Queens Avenue, McMahons Point (W) – DA 351/17

Applicant: Rodney Darke c/o Blackline Studio

Report of Michael Doyle, Assessment Officer (Planning)

This development application seeks approval to convert the existing attic-room

into a bedroom including new roof and new attic dormer windows.

The application is reported to North Sydney Independent Planning Panel for

determination because the proposed works exceed the 8.5m maximum building

height pursuant to clause 4.3 of North Sydney Local Environmental Plan 2013

by more than 10%: Existing and proposed building height is 9.8m which

represents a height non-compliance of 1.3m (15.3%).

The site contains a two- and three-storey attached dwelling. The site is not a

heritage item but is a contributory item within the McMahons Point North

Conservation Area. The adjoining row of terrace houses are also two storeys

with a third storey attic and are contributory items within the Conservation Area.

Notification of the proposal has attracted no submissions.

The assessment has considered these concerns as well as the performance of the

application against Council’s planning requirements. The proposed dormer

windows are similar in height, width, length, position and style to the existing

neighbouring dormers. The proposed works are appropriate in their context and

are compatible with the desired future character of the area.

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


A. THAT the North Sydney Independent Planning Panel, under the

delegation of the General Manager as the consent authority, grant

consent to Development Application No. 351/17 for alterations and

additions to dwelling including changes to attic and dormers, on land at

13 Queens Avenue, McMahons Point, subject to the attached standard

conditions.


5. IPP04: 97 Broughton Street, Kirribilli (V) – DA 297/17

Applicant: Kristin & Simon Griffith

Report of Robin Tse, Senior Assessment Officer

This development application seeks NSIPP approval for alterations and

additions to an existing semi-detached dwelling at No. 97 Broughton Street,

Kirribilli including internal alterations, ground and first floor rear additions, a

new dormer and a lower ground floor rear deck.

The subject application is reported to North Sydney Independent Planning

Panel for determination due to public interest.

The notification of the original and amended proposals application has attracted

a total of eight (8) submissions from adjoining property owners raising concerns

relating to the adequacy/accuracy of the DA submission, extensive amenity

impacts in terms of the loss of privacy and shadowing impacts as well as

construction management.

The subject site is zoned R3 (Medium Density Residential) which permits

higher density development. Furthermore, the site is located within a highly

built up area with relatively small lots and a diverse mix of built

forms/architectural styles.

Consideration has also been given to the Clause 4.6 request for a variation to

the LEP’s building height development standard as submitted by the applicant.

The variation to the building height development standard is justifiable because

the building elements above the LEP maximum building height is unlikely to

have an impact on the character of the locality and would not cause material

amenity impacts for the adjoining properties in terms of view loss,

overshadowing or privacy loss.

Various privacy protection devices have been proposed to minimise visual

privacy impacts on the adjoining property at No.95 Broughton Street. In

addition, solar access to the lower ground floor living room and the first floor

kitchen windows is considered to be acceptable.

The issues raised in the submissions received have also been addressed in the

report with the imposition of appropriate conditions.

The proposal, as amended by the recommended conditions, is considered to be

satisfactory having regard to the relevant Environmental Planning Instruments,

Development Control Plans and Council policies and is therefore recommended

for approval.

Recommending:

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND



delegation of the General Manager as the consent authority, invoke the

provisions of Clause 4.6 with regard to the exception to the development

standard for building height, and grant consent to Development

Application D297/17 for alterations and addition to an existing semi-

detached dwelling on land at No. 97 Broughton Street, Kirribilli subject

to the following site specific conditions and attached conditions of

consent.

Revised Landscape Plan

C1. The landscape plan for the subject site (Drawing Numbered 19 Issue B,

dated 18.12.17, prepared by Bawtree Design) be amended as follows:

(a) The replacement of the Murraya paniculata on the rear yard planter

adjacent to the southern property with appropriate specie with a


maximum mature height of 3m to provide appropriate visual privacy

protection for No. 95 Broughton Street and to maintain solar access

to the rear yard of this adjoining property.

The Certifying Authority must ensure that the revised landscape plan, 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 and amenity

protection for adjoining properties.)

Rear Pedestrian Laneway

E1 The pedestrian laneway at the rear of the subject site must be kept clear

at all times during the construction of the approved development.

(Reason: No obstruction to pedestrian access via the rear laneway.)

6. IPP05: 6 Adderstone Avenue, North Sydney (V) – DA 391/17

Applicant: John Bradley Architect

Report of Lindsey Dey, Executive Planner

This development application seeks Council’s approval for construction of a

new lift, associated alterations and additions to accommodate the new lift and a

small, open garbage bin storage area on the eastern side of the existing garage.

The application is referred to North Sydney Independent Planning Panel due to

the breach of the maximum height provision in the North Sydney Local

Environmental Plan 2013 (NSLEP) by more than 10%.

Council’s notification of the proposal has attracted one submission raising

particular concerns about the garbage storage area; including the related

inaccurate survey and overshadowing. The applicant has responded to the

submission with amended plans and a more comprehensive survey. The

assessment has considered these concerns as well as the performance of the

application against Council’s planning requirements.

Following this assessment, and receipt of amended plans to address concerns of

the adjacent neighbour, the development application is considered to be

reasonable in the circumstances and is recommended for approval, subject to

conditions.

Recommending: PURSUANT TO SECTION 80/91 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 Secretary 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. 391/17 subject to the attached conditions.

7. IPP06: 15B Shellcove Road, Kurraba Point – DA 395/17

Applicant: Mark Tolhurst

Report of Kerry Gordon – Consultant Town Planner

Development Consent 22/15 was granted for alterations to the existing dwelling,

a new carport/storeroom and landscaping. The works approved to the dwelling

included removal and relocation of internal walls, replacement of doors and

windows and handrails to the existing balconies (with stainless steel and glass),


removal of the entry arch to the dwelling, providing a fixed window above the

entry door and a new awning. The proposal also involved the replacement of

the roof with new tiles and the rendering and painting of the external brickwork.

A double carport over a storeroom was approved with access to the carport via

an extension of the driveway and a car turntable. Extensive landscaping of the

grounds were also proposed. The approval has not been commenced but remains

valid.

Development application 111/17 was lodged on 4 April 2017 for alterations and

additions to the existing dwelling. The proposal involved demolition of the

upper floor level and carport and construction of a double garage accessed by

an extension of the driveway, creation of an entry lobby extending forward of

the existing dwelling and provision of a lift within the dwelling. The upper level

of the dwelling was to be constructed to extend under the proposed entry lobby

and carport and towards the rear and the lower level of the dwelling was also to

be extended to the rear. The proposed dwelling was to be provided with a flat

roof. Given the extent of works proposed the application constituted

construction of a new dwelling.

Development Application No. 111/17 was reported to North Sydney

Independent Planning Panel (the Panel) for determination as the application

involved a submission from a Councillor. The application was refused on 2

August 2017 by the Panel for the following reasons:

1. The Panel considers that the level of detail in the plans is insufficient having

regard to this prime waterfront location within a conservation area. The

Panel is not satisfied that the built form outcome as submitted would make

a positive contribution to the area. However, the Panel is not opposed to a

contemporary replacement dwelling on the subject site provided it interprets

elements of the character of the conservation area such as:

a) Roof form, for example, a skillion roof (below the current ridge height and

not materially having an impact on the view to the harbour from the

adjoining properties). This is considered to be a better interpretation of the

heritage character of the area;

b) Articulation of the built form, for example, a better resolution of the base of

the building which in the current DA presents too much as a horizontal

mass;

c) Fenestration for example, details of the glazing proportions and masonry

elements, location of mullions/sills, fixed/sliding;

d) Materials, finishes and colours shown in a sample board. External colours

are to be predominately mid tone;

e) Architectural detail and resolution for example, deep reveals, eaves

overhang, alignment of walls and 1:20 scale to show quality of detailing;

f) Sustainability outcomes need to be demonstrated in accordance with NS

DCP 2013 Part B Section 13.8;

g) The Panel encourages the applicant to consider showing an indicative

design of the boat shed to complement the design of the proposed dwelling.

Development application 395/17 (the current application) was lodged on 11

November 2017 for alterations and additions to the existing dwelling. The

application involves basically the same alterations and addition to the existing

dwelling as proposed in DA 111/17 but with modifications including a pitched

roof and changes to the fenestration and materials. An indicative design was

proposed for the boatshed. Given the extent of works proposed, it is considered

that the application constitutes demolition and construction of a new dwelling.


This application is referred to NSIPP due to its direct relationship to the earlier

refused application.

Notification of the proposal has attracted 1 submission raising particular

concerns about the impact upon privacy and views and glare from the proposed

roof and solar panels and whether the shadow assessment is adequate. Whilst

the view impacts are considered acceptable, the shadow assessment is adequate,

and privacy is appropriately dealt with by screens, a condition is recommended

requiring the use of a non-glare roof material and solar panels set with the roof.

The application is acceptable when assessed against the provisions of North

Sydney Local Environmental Plan 2013, Development Control Plan 2013 and

Sydney Regional Environmental Plan (Sydney Harbour Catchment), with the

exception of its impact upon the conservation area.

Council’s Heritage Advisor has indicated that some of the Panels concerns have

been satisfactorily addressed and has suggested changes which would make the

proposal acceptable from a heritage perspective.

Therefore, it is recommended that the Panel defer the determination of the

application to allow the application to be further modified in accordance with

the recommendations of Council’s Heritage Advisor and give delegation to the

Manager Development Services to determine the application upon receipt of

such amended plans. However, should the Panel find that the application is

satisfactory in its current form, a set of conditions is attached for the Panel’s

assistance.

Recommending: THAT the North Sydney Independent Planning Panel, defer Development

Application No. 395/17 for significant alterations and additions to the existing

dwelling (constituting a new dwelling), a new garage and landscaping at No.

15B Shellcove Road, Kurraba Point, to allow the applicant to prepare amended

plans for a new development that contributes to the character of the conservation

area, incorporating the following, and grant delegation to the Manager

Development Services to determine the application upon receipt of the amended

plans:

AA. Deferred Commencement Condition

This consent shall not operate until the following deferred commencement

condition has been satisfied.

The applicant must satisfy Council as to the matters specified in the

deferred commencement condition within 12 months of the date of the

grant of this consent.

If the applicant fails to satisfy Council as to the matters specified in the

deferred commencement conditions within 12 months of the dated of the

grant of this consent this consent will lapse in accordance with Section 95(6)

of the Environmental Planning and Assessment Act 1979.

NOTE: Consideration should be given to providing the evidence to Council to

allow sufficient time to consider the same and form a view as to whether the

deferred commencement conditions are satisfied or not. You are also advised

of your appeal rights under clause 95(6) of the Environmental Planning and

Assessment Regulation 2000, which provides that: If the consent authority has

not notified the applicant within the period of 28 days after the applicant’s

evidence is produced to it, the consent authority is, for the purposes only of

section 97 of the Act, taken to have notified the applicant that it is not satisfied

as to those matters on the date on which that period expires.


AA1. Amended Plans Amended architectural plans shall be prepared

and submitted for Council approval containing the following changes:

Façade Detail

a. The horizontal massing of the eastern façade of the Bedroom Level shall be

amended to provide a greater vertical emphasis.

b. The horizontal glazing within the eastern façade of the Bedroom Level is to

be modified to provide more vertical proportion and is to have a minimum

of 30% solid material.

c. The glazing within the eastern façade of the Living Level is to be modified

to provide a minimum of 30% solid material.

d. New windows and doors to all facades are to have aluminium or steel

framing sections of a width 45mm or wider, or are to be timber-framed.

Window and door design is to provide visual interest to the building design.

e. Balustrades shall be metal or timber palisade and be designed to provide

detail and visual interest to the dwelling design. No glazed balustrades shall

be used.

f. Privacy louvres shall be documented as timber or other material with a

painted and non-metallic finish.

Sustainability Measures

g. A 2500L water tank shall be provided on site for collection of stormwater.

Water shall to be used for garden irrigation, and toilet flushing.

h. Solar panels shall be provided, to be laid parallel to and/or flush with the

roof.

Colours

i. External colours are to be predominately mid tone.

(Reason: To ensure that the proposal is acceptable within the Conservation

Area)

8. IPP07: 21 Cremorne Road, Cremorne Point (V) – DA 290/17

Applicant: Lam Tung Don Cheng C/- Corben Architects

Report of Robin Tse, Senior Assessment Officer

This development application seeks NSIPP approval for alterations and

additions to an existing detached dwelling at No. 21 Cremorne Road, Cremorne

including alterations and additions to an existing two storey detached dwelling

comprising of internal alterations, a terrace extension and a swimming pool.

The subject application is reported to North Sydney Independent Planning

Panel for determination as the breach of the height limit pursuant to clause

4.3 in NSLEP 2013 is greater than 10% requiring determination by NSIPP

as instructed by the Director of the Department of Planning and

Environment.

The notification of the proposal, including the amended plans, has attracted

three (3) submissions from adjoining property owners raising concerns relating

view loss, overshadowing and the appropriateness of planting within a

courtyard.

The breach of the height limit (8.5m) is considered to be acceptable because

there would be no material loss of significant views, privacy and/or nor any

material loss of solar access for adjoining properties. It is for this reason that

the clause 4.6 submission submitted by the applicant is supported.

The proposed terrace addition is considered to be acceptable within a

Conservation Area because it complies with the front (eastern) setback


requirement in the DCP Character Statement for Cremorne Point Area and the

structure has been designed to complement the architectural style of the main

dwelling with appropriate detailing.

The issues raised in the submissions have also been addressed in the report.

The proposal, as amended by the recommended conditions, is considered to be

satisfactory having regard to the relevant Environmental Planning Instruments,

Development Control Plans and Council policies and is therefore recommended

for approval.




delegation of the General Manager as the consent authority, invoke the

provisions of Clause 4.6 with regard to the exception to the development

standard for building height, and grant consent to Development

Application D290/17 for alterations and addition to an existing detached

dwelling on land at No. 21 Cremorne Road, Cremorne Point subject to

the following site specific conditions and attached conditions of consent.

Colours, Finishes and Materials (Conservation Areas)

C1. 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.

The following amendments must be applied to the approved development:

(a) Exterior colour scheme is to match the existing scheme, or any new

exterior colour scheme to be sympathetic to the character of the

conservation area.

(b) New windows and doors are to be timber-framed.

(c) New roof tiles to be unglazed terracotta roof tiles in Marseilles pattern.

(d) New brickwork to be match existing or to be in a dark tone characteristic

to Federation Arts and Crafts architecture. White bricks are not to be

used.

(e) Face brickwork on the original dwelling is not to be painted.

(f) Louvres are to be painted to match the dwelling is a visually submissive

tone. Metallic finishes are not to be used.

(g) New timber shingles are to match the existing two types in dimension

and decorative pattern.

(h) Skylight flashing(s) and frame(s) to be coloured to match the roof

material. Skylight(s) to sit no higher than 100mm above roof plane when

in a closed position.

(i) New garage door must be panel lift and painted in a visually recessive

tone.

(j) New pickets to masonry fence on Cremorne Road frontage to be painted

timber picket, not metal palisade, with an open construction. New gate

and fence on Cremorne Reserve boundary to be painted timber picket,

with an open construction. New pool safety fence to be metal palisade

not glazed.

(k) New sandstone retaining walls are to match the existing sandstone

blockwork in dimension, texture and colour.

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.)

Revised Landscape Plan

C2. The landscape plan for the subject site (Drawing Numbered LPDA17 -

339/1 Rev C, dated 21.08.17, prepared by Conzept Landscape

Architects) be amended as follows:

(a) The changes to the terrace addition as shown on the approved plans;

and

(b) The replacement of the 4x Robina psudoacacia inermis within the

western courtyard south of the existing garage to Cremorne Road

with appropriate specie with canopy/branches fully contained within

the boundary of the subject site.

The Certifying Authority must ensure that the revised landscape plan, 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 and amenity

protection for adjoining properties.)

Proximity to Existing Network Assets (Underground Cables) – Ausgrid

Requirements/ Advice

E1 There are existing underground electricity network assets along

Cremorne Road. Special care must be taken to ensure that driveways

and any other construction activities within the footpath do not interfere

with the existing cables in the footpath.

Note:

Ausgrid cannot guarantee the depth of cables due to possible changes in

ground levels from previous activities after the cables were installed.

Hence it is recommended that the developer locate and record the depth

of all known underground services prior to any excavation in the area.

Safework Australia – Excavation Code of Practice, and Ausgrid’s

Network Standard NS156 outlines the minimum requirements for

working around Ausgrid’s underground cables.

(Reason: Ausgrid requirements and advice.)

9. IPP08: 28 Benelong Road, Cremorne (T) – DA 409/17

Applicant: Natalie Anderson C/- Look Design Pty Ltd

Report of Robyn Pearson, Team Leader (Assessments)

The applicant is seeking development consent from NSIPP for alterations and

additions to an existing dwelling including an extension to the main bedroom

on the top floor at No. 28 Benelong Road, Cremorne.

This application is reported to NSIPP because the works are located above

the permissible height limit of 8.5m. The variation sought is greater than

10% requiring determination by the North Sydney Independent Planning

Panel.

The breach of the building height limit (8.5m) was found to be acceptable

because there would be no material loss of privacy and/or view loss or any

unreasonable overshadowing affecting the surrounding residential properties.


Consequently, the Clause 4.6 submission is supported because the proposal

would satisfy the objectives of the development standard concerned with

building height. It is, therefore, considered unreasonable in the site

circumstances for Council to insist upon strict compliance with clause 4.3 in

NSLEP 2013.

The proposed works would not be seen from the street so there would be no

adverse impacts upon the streetscape. However, the rear elevation would be

seen from the Grasmere Reserve but the proposed rear addition is considered to

be compatible with the architecture of the existing dwelling and surrounding

development.

There were no submissions with regards to the proposal.

The proposal has been assessed having regard to Section 79(C) of the

Environmental Planning and Assessment Act 1979 (as amended) and found to

be satisfactory. Accordingly, the proposal is recommended for approval subject

to appropriate conditions of consent.



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 variations to the development standard for building

height, and grant consent to Development Application 409/17 for alterations

and addition to an existing dwelling on land at No. 28 Benelong Road,

Cremorne subject to the following standard conditions.

10. IPP09: Unit 4, 43 Ellalong Road, Cremorne – DA 417/17

Applicant: Attic Ladders Pty Ltd

Report of Robyn Pearson, Team Leader (Assessments)

This development application seeks North Sydney Independent Planning Panel

approval for alterations and additions to Unit 4 including attic bedrooms within

an existing part 2 and 3 storey residential flat building at No. 43 Ellalong Road,

Cremorne.

The application is reported to North Sydney Independent Planning Panel

for determination as requested by Councillor Carr.

A review of the development application history of the subject site has revealed

that approval was given to Development Application Nos DA484/06 and

DA485/06, for strata subdivision of the subject site and alterations and additions

to the subject residential flat building, that were permissible in an A2

Residential Zone under NSLEP 2001. However, residential flat buildings are

now prohibited in an R2 Low Density Residential Zone under NSLEP 2013.

Having regard to the above approvals it is considered that the site benefits from

‘existing use rights’ under Section 106 of the Environmental Planning and

Assessment Act 1979

A detailed assessment of the application under the planning principles

established by the Land and Environment Court, where the proposal was found

to be satisfactory given that there would be no material impacts in terms of

overshadowing, privacy and/or material view loss for adjoining properties. The

proposal was also considered to be satisfactory having regard to the NSLEP


2013 and NSDCP 2013 as a guide to the overall performance of the proposed

additions in the site context.

Notification of the proposal has attracted four (4) individual submissions raising

particular concerns about view loss, additional bulk and scale, overshadowing,

setback non-compliances, visual and acoustic privacy impacts.

Following this assessment, the development application is considered to be

reasonable in the circumstances and is recommended for approval subject to

conditions.



A. THAT the North Sydney Independent Planning Panel, under delegated

authority of the General Manager as the consent authority, grant

consent to Development Application No. 417/17 for alterations and

additions to an existing residential flat building on land at Unit 4, No. 43

Ellalong Road, Cremorne subject to the following standard conditions.

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 6 December 2017.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL

MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 6 DECEMBER

2017, AT 2.00PM.

PRESENT

Chair:

Jan Murrell in the Chair.

Panel Members:

Francesca O’Brien, panel member

Ian Pickles, panel member

Grant Christmas, panel member

Staff:

Geoff Mossemenear, Executive Assessment Planner

Stephen Beattie, Manager Development Services

David Hoy, Team Leader (Assessments)

Robyn Pearson, Team Leader (Assessments)

Peita Rose, Governance Officer (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSIPP Meeting of 1 November 2017 were confirmed following that meeting.

2. Declarations of Interest: Nil




3. Business Items

The North Sydney Independent Planning Panel under the Delegated Authority granted by North Sydney

Council and s.377 of the Local Government Act 1993 has considered the following Business Items and

resolves to determine each matter as described within these minutes.

ITEM 1

DA No:

341/17

ADDRESS:

53 Euroka Street, Waverton

PROPOSAL:

Alterations and first floor additions to dwelling

REPORT BY NAME:

Michael Doyle, Assessment Officer

REASON FOR NSIPP

REFERRAL:

Notification of the proposal has attracted 19 submissions

APPLICANT: Attic & Roof Conversions

Public Submissions

Submitter Applicant/Representative

Jonathan Page

Dominic Chung (owner/applicant)

Rosemary Norgate

Kuan Sin (owner)

Business Item Recommendations

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

The Panel notes the proposed development complies with the NSLEP 2013 as amended including

amendment No. 18 which came into force on the 17 February 2017, that provides for a maximum

building height of 8.5 metres.

While there is some impact on solar access to the rear garden on 36 Ancrum Street the proposed

development complies with Council’s controls in that a minimum of 3 hours sunlight is maintained to

the internal living area and outdoor private open space.

The history of the site and its subdivision are noted. However, the panel must assess the application on

its merits in the context of the current planning framework.

The design of the proposed development is an acceptable response to the site in the circumstances of

this case and does not create unreasonable impact on adjoining properties.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Ian Pickles X

Francesca O’Brien X Grant Christmas X




ITEM 2

DA No:

285/17

ADDRESS:

25A Dumbarton Street, McMahons Point

PROPOSAL:

Alterations and additions to existing three storey plus basement

terrace dwelling at 25A Dumbarton Street including excavation to

basement level and courtyard, internal alterations, lift, roof addition

and revision to Strata Plan.

REPORT BY NAME:

Aloma Moriarty, Assessment Officer

REASON FOR NSIPP

REFERRAL:

Variation in Building Height Control ( > 10%) and in response to 4

submissions

APPLICANT: Architect Prineas

Public submissions


Eva-Marie Prineas (applicant/architect)


The Council Officer’s Report and Recommendation is endorsed by the Panel subject to the following:

Condition C22 is to be amended to have the effect of deleting the requirement for translucent glazing

and of window W16 being fixed up to 1.5m above finished floor level. Instead fixed external louvres

are to be attached to the outside of window No. 16 to maintain reasonable privacy for the adjoining

property.

The Panel authorises delegated authority to the Manager Development Services to impose a suitable

condition to achieve the above.

(Panel Reason: This will allow greater amenity for the kitchen area whilst still maintaining the objective

of providing privacy.)








ITEM 3

DA No:

160/17

ADDRESS:

11 Victoria Street, McMahons Point

PROPOSAL:

Due to the prominence of the site within the Union Bank & Thomas

Street Conservation area and variation to Council policy for built

form and character in conservation areas. The matter is also

referred to the Panel in response to the number of submissions

received and interest from the Mayor.

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

The application has been referred to NSIPP for determination due to

the prominence of the site within the Union Bank & Thomas Street

Conservation area and variation to Council policy for built form and

character in conservation areas. The matter is also referred to the

Panel in response to the number of submissions received and interest

from the Mayor.

APPLICANT: David Scobie Architects

Public submissions


Elena Potenza David Meagher (owner)

David Scobie (architect)


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

Condition C10 is to be amended to require Council’s Conservation Planner, or a suitably qualified

heritage consultant, to certify compliance with the requirements of this condition.

Mitchell Street setback

C26. The whole southern wall of the lounge room on the corner next to the garage must be set back

a further 200mm to achieve a minimum 500mm setback from the boundary alignment to

Mitchell Street and soft landscaping is to be provided within the setback area.

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 soften built form; streetscape amenity)




Amendments to the Landscape Plan

C25. The landscape plan must be amended as follows to provide an appropriate landscaped setting:

One (1) tree in courtyard to have a minimum mature height of 3m;

Shrubs in courtyard to have a minimum mature height of 2m;

Suitable plantings (such as espaliered Camellia sp.) within the required southern

setback adjacent to Mitchell Street to screen the southern wall of the garage structure;

and

“New Landscaping Planting” indicated on drawing 201 (Rev.E) Proposed Ground Floor

Plan prepared by David Scobie Architects and received by Council on 16/10/17 is not

approved, unless with the written permission of Council’s Tree Management Officer, Parks

& Reserves.

(Reason: To ensure residential and streetscape amenity)

A condition is to be imposed to address construction management and approved by Council’s Manager,

Traffic and Transport Operations.

(Panel Reason: The Panel considers the proposed development to be a suitable response to the site

context and will contribute positively to the heritage conservation area.)

Voting was as follows:

Unanimous




ITEM 4

DA No:

335/17

ADDRESS:

36 Victoria Street, McMahons Point

PROPOSAL:

Alterations and additions to an existing dwelling to create two new

dwellings and 2-lot Torrens Title subdivision

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

Variation of minimum lot size development standard > 10%

APPLICANT: Corona Projects Pty Ltd

Public submissions


Eunice Huang (town planner)





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

additional condition.

Front fence of No.34 Victoria Street

C21. The front fence to No.34 Victoria Street in the location of the western pillar and pedestrian gate

must not exceed 1.2m in height above the footpath level.

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.

(Panel Reason: To ensure a suitable stepping down of front fences along Victoria Street; to

improve legibility of residential entry)





ITEM 5

DA No:

267/17

ADDRESS:

15 Bay View Street, Lavender Bay

PROPOSAL:

Alterations and additions to the existing dwelling including extension

to the gable roof and new roof top sun deck/terrace and new deck in

the rear yard

REPORT BY NAME:


REASON FOR NSIPP

REFERRAL:

Proposed development exceeds height of buildings development

standard by more than 10%

APPLICANT: Graham Andrew Dreverman

Public submissions


Graham Dreverman (applicant)










ITEM 6

DA No:

379/17

ADDRESS:

2102/38 Alfred Street South, Milsons Point

PROPOSAL:

Alterations and additions to an apartment within a mixed use

building including external door, deck, spa, awnings and garden bed

REPORT BY NAME:


REASON FOR NSIPP

REFERRAL:

Proposed development exceeds height of buildings development

standard by more than 10%

APPLICANT: Alex Roth

Public submissions

No persons elected to speak on this item.



Voting was as follows:

Unanimous




ITEM 7

DA No:

159/16/3

ADDRESS:

38 Fitzroy Street, Kirribilli

PROPOSAL:

Section 96(2) modifications to approved alterations and additions to

an existing semi-detached dwelling including a new lift, solar panels

and new windows.

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

The application was originally determined by NSIPP and the

proposal seeks modifications to building elements within the

breezeway.

APPLICANT: Johnathan Bennett

Public submissions


Jonathan Bennett (applicant)





The Council Officer’s Report and Recommendation is endorsed by the Panel subject to amendment

to Condition C23, subclause a, c and d, to be amended to delete the ladder, gate and rooftop walkway.

Consequential amendments to Condition A4, d and e will also be required. Authority is delegated to

the Manager Development Services to impose the above conditions together with an appropriate

condition to allow roof anchor points to be installed for maintenance of the solar power system.

(Panel Reason: To ensure that the roof remains non trafficable and ensure unnecessary clutter or

structures that will detract from the heritage item.)

The Panel notes the memo dated 6 December 2017 regarding the submission from the Milson Precinct,

however, this submission was in respect of a previous section 96 application that located the lift

towards the rear (northern end) of the property.





ITEM 8

DA No:

DA10/16/2

ADDRESS:

3 Holbrook Avenue, Kirribilli

PROPOSAL:

Section 96 application to DA10/16 for alterations and additions

including a new first floor bay window to the rear

REPORT BY NAME:

Luke Donovan, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

Request of Councillors

APPLICANT: Scanlan, c/o Contemporary Architecture Pty Ltd

Public submissions


John Lockett Clare Carter (architect)



The Panel notes the concerns of the adjoining owner concerning view loss. The Panel has reviewed the

assessment made for the Section 96 application with respect to view loss. The Panel is satisfied that

given there is no change to the approved building envelope in the current amended plan there is no

additional impact on views.




The Panel further notes that the development as approved, and with this section 96 modification,

complies with Council’s policies and planning controls and the appropriate view loss assessment has

been carried out. And while there will be an impact on views, this is not considered to be unreasonable

in the circumstances of this case given the compliant nature of the development.





ITEM 9

DA No:

227/17

ADDRESS:

12-14 Lower Wycombe Road, Neutral Bay

PROPOSAL:

Alterations and additions and the conversion of the former boarding

house into two semi-detached dwellings and the construction of a new

dwelling and garages on the Wycombe Lane frontage to the site,

including strata subdivision.

REPORT BY NAME:

Luke Donovan

REASON FOR NSIPP

REFERRAL:

Public interest

APPLICANT: Vergome P/L, c/o Bennett Murada Architects

Public submissions


Alan MacDonald John Wilkin (architect)

Susan Ping Kee Greg Boston (planner)


The Council Officer’s Report and Recommendation is endorsed by the Panel subject to Condition C13

being amended as follows:

C13 to allow the removal of the Umbrella trees in the front garden bed.

(Panel Reason: To allow more appropriate species.)

The Panel notes that the development at No. 12-14 does not unreasonably impact on solar access to No.

16 and No. 10. Significantly more than the minimum of 3 hours of solar access in mid-winter is

maintained.

The panel further notes that while there are non-compliances, the outcome as shown in the plans meets

the objectives of the Council’s planning controls and furthermore, cumulatively does not warrant refusal

of the application.








ITEM 10

DA No:

163/17

ADDRESS:

211 Military Road, Cremorne

PROPOSAL:

Demolition of the existing building and associated structures and the

construction of a four storey residential flat building containing 20

apartments within two building pavilions above two levels of basement

car parking.

REPORT BY NAME:

Luke Donovan, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

DA was deferred by the Panel at the November meeting.

APPLICANT: Phine Pty Ltd, c/o Connor + Soloman Architects, Suite

Public submissions


Anthony Solomon (architect)

Greg Boston (planner)


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

(Panel Reason: The Panel notes its previous concern has been satisfied.)





The public meeting concluded at 3.45pm.

The Panel Determination session commenced at 3.50pm.

The Panel Determination session concluded at 5.50pm.

Endorsed by Chair Jan Murrell

North Sydney Independent Planning Panel

6 December 2017

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