north sydney council€¦ · north sydney council council chambers 29 september 2016 ... materials...

NORTH SYDNEY COUNCIL

Council Chambers

29 September 2016

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 2pm on

Wednesday 5 October 2016 when your attendance is requested.

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

transacted at such meeting.

ROSS MCCREANOR

ACTING GENERAL MANAGER

BUSINESS

1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 7

September 2016.

(Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

Pane

l Mem

ber Panel M

ember

Panel Member Panel Member

Staf

f

Speaker/s

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/10/16 Page No 2

2. IPP01: 51 Neutral Street, North Sydney (V) - DA 390/13/4

Applicant: BJB Architects

Report of Luke Donovan, Senior Assessment Officer, 21 September 2016

This Section 96 application seeks NSIPP approval to modify DA390/13,

specifically the deletion of Condition C2 to permit the construction of a rear

first floor balcony (1.2m in depth x 6.47m in width) and modify the external

colours and finishes on land at 51 Neutral Street, North Sydney. The site is

identified as a Contributory Item within the Whaling Road Conservation Area.

The application is reported to NSIPP as the applicant seeks the

deletion/modification of conditions imposed by the Panel.

Council’s notification of this Section 96 application attracted no submissions.

On 5 February 2014, NSIPP granted approval to DA390/13 for alterations and

additions to an existing semi-detached dwelling including a rear addition over

two levels, boundary fencing with vehicular access off Nicholas Street on the

subject site. NSIPP imposed a condition (Condition C2) stating that the ‘the

balcony and awning to the upper level together with the blade walls on the

ground and first storey shall be deleted…and replaced with Juliette balconies

with a maximum depth of 600mm and width of the door openings’.

The proposed changes to the external finishes and colours are considered to be

reflective of the Victorian Filigree style of dwelling and sympathetic to the

character of the conservation area.

The addition of the rear balcony and nib walls will increase the site coverage

from 63% (as approved) to 68.2% which results in a significant non-

compliance with the 60% maximum site coverage control in NSDCP 2013.

The addition of the rear balcony and nib walls considerably adds to the bulk at

the northern and eastern sides of the dwelling and is likely to tip the balance to

an overdevelopment of the site and this aspect of the modification in not

supported.

The proposal is therefore recommended for part approval subject to modified

conditions of consent.

Recommending:

THAT the North Sydney Independent Planning Panel, under the delegation

from the A/General Manager, resolve to grant part approval to modify

DA390/13 involving alterations and additions to the existing semi-detached

dwelling on land at No. 51 Bray Street, North Sydney subject to the following

modified conditions of consent:

No change to Condition C2 of DA390/13

Modify Conditions C15, C16 and G7 of DA390/13 as follows –

Colours, Finishes and Materials (Conservation Items)

C15.The finishes, materials and colour schemes must be generally in

accordance with the External Finishes Board prepared by BJB Architects and

received by Council on 28 July 2016 and 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 exterior colours, finishes and materials are

sympathetic to the significance of the heritage item)

Roofing Materials - Reflectivity


C16.The roofing material must be galvanised corrugated steel sheet roofing

that is factory pre-finished with low glare and reflectivity properties to be

compatible with the colours of neighbouring buildings. The selected roofing

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

or nearby properties. Plans and specifications which comply with this

condition must be submitted to the Certifying Authority for approval prior to

the issue of any Construction Certificate. The Certifying Authority must

ensure that the building plans and specifications submitted, referenced on and

accompanying the issued Construction Certificate, fully satisfy the

requirements of this condition.

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

materials does not occur as a result of the development)

Compliance with Certain Conditions

G7.Prior to the issue of any Occupation Certificate, Conditions C1, C2, C3, C4

and C5 must be certified as having been implemented on site and complied

with.

(Reason: To ensure the development is completed in accordance with the

requirements of this consent)

3. IPP02: 4A Claude Avenue, Cremorne - DA 219/16

Applicant: Jim and Diana Saada

Report of Judith Elijah, Student Assessment Officer, 26 September 2016

This development application seeks NSIPP approval for alterations and

additions to an existing detached dwelling including a two-storey rear addition

on land at No. 4A Claude Avenue, Cremorne. The property is a Neutral Item

within the Cremorne Conservation Area. There are a number of heritage items

in the near vicinity, including 6, 8, 10, 12 and 14 Claude Avenue.

The subject application is reported to North Sydney Independent

Planning Panel due to the level of Councillor and public interest.

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

against the application, raising concerns regarding loss of views, visual

privacy impacts and overshadowing. Council’s notification of the amended

proposal is considered unlikely to receive submissions raising new issues.

Nevertheless, any submissions that do raise new issues will be addressed in an

addendum report. Issues previously raised will be addressed in this report.

The site has a considerable history with a consent for a rear addition granted in

2006 by Council following a protracted process. While this consent has been

raised by submitters as a precedent, no site can be frozen in time and a

property owner can seek to test a proposal against the applicable controls.

Council’s Conservation Planner has assessed the application and raised no

objection to the amended proposal, subject to recommended conditions.

The proposed addition complies with the building height control in NSLEP

2013 and is compliant with Council’s building envelope controls as well as

key controls within NSDCP 2013, being site coverage and landscaped area.

The proposal will result in significant view loss from the ground floor bay

window within the side setback of No. 1/6 Claude Avenue Cremorne that is

currently obscured by the presence of boundary vegetation on the subject site.

However, the proposed addition is compliant with Council’s controls and it is


considered that the amended proposal will maintain a reasonable level of view

sharing for No. 6 Claude Avenue.

It is also considered difficult to preserve a view obtained from a window

within a side setback and located on the ground floor. Views will still be

maintained from the sunroom of Unit 1/6 Claude Avenue as well as the

living/dining room window of No. 2/6 Claude Avenue.

The amended proposal would maintain the visual privacy for surrounding

properties given the nature of the proposed windows and through

recommended conditions of consent.

Having regard to the provisions of Section 79C of the Environmental Planning

& Assessment

Act 1979, the application is considered to be satisfactory and recommended for

approval subject to the attached standard 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 A/General Manager as the consent authority, grant consent to

Development Application No. 219/16 for alterations and additions to an

existing dwelling on land at No. 4A Claude Avenue, Cremorne, subject to the

attached standard conditions:-

4. IPP03: 193 Ernest Street, Cammeray (TU) - DA 82/16

Applicant: Shonna Lawrence

Report of Judith Elijah, Student Town Planner, 5 August 2016

This development application seeks NSIPP approval for the construction of a

new open car space at the front of an existing semi-detached dwelling on land

at No. 193 Ernest Street, Cammeray.

The application is reported to NSIPP due to public and Councillor

interest.

Council’s notification of the proposal attracted one (1) submission with

concerns regarding public safety.

Council’s Development Engineer raised concerns about public safety as the

proposed car space is non-compliant with AS 2890.1 for Parking Facilities –

Offstreet Parking for a B-85 vehicle and the safety of motorists entering Ernest

Street from the car space.

Consequently, the application was referred to Council’s Traffic Committee

meeting on 29 April 2016, with a recommendation for refusal, but was

deferred for further information.

The applicant submitted a Traffic Report from Traffix, dated 1 June 2016 and

amended plans on 2 June 2016. The application was once again referred to the

Traffic Committee meeting where it was once again recommended for refusal

by Council’s Manager for Traffic and Transport. However, the proposal was

unanimously endorsed by the committee and supported by a representative

from NSW Police.

A development determination is not bound by the outcome of the Traffic

Committee. Indeed, it must be stated that popular small cars such as the

Holden Cruize (4.6m) will not fit into the car space, and a Toyota Corolla at

4.33m will just fit into the 4.45m space as proposed by the applicant. The


owner’s choice of vehicle will thus be limited to compact cars, for example,

Toyota Yaris (3.9m - 4.3m) and Holden Barina (4.039m – 4.399m) to name

but two. Any vehicles which overhang the footpath could be fined for

obstruction. Consequently, a condition of consent is recommended to prevent

cars from encroaching into Council’s Road Reserve.

Therefore, it is recommended that a deferred commencement approval be

granted subject to the site specific condition that a covenant must be placed on

the property to limit parking within the car space to B-35 vehicles only, as well

as standard conditions of consent.

Recommending:

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND



the Acting General Manager as the consent authority, grant deferred

commencement consent to Development Application No. 82/16 involving

the construction of a new open car space within the front setback of an existing

semi-detached dwelling at No. 193 Ernest Street, Cammeray, subject to the

attached conditions:

5. IPP04: 21 Churchill Crescent, Cammeray (T) - DA 252/15

The applicant is seeking development consent for the construction/erection of

three (3) storey dual occupancy (attached) dwellings, and subsequent strata

subdivision of the development. The proposal includes demolition of an

existing two (2) storey brick dwelling house.

Council’s re-notification of the development application / amended plans

attracted four (4) submissions objecting to the application and raising

particular issues about the non-compliance with the building height control,

set back controls, excessive scale of development, loss of visual privacy and

solar access, and an unreasonable level of view sharing. The assessment has

considered these concerns as well as the performance of the application

against Council’s planning objectives / controls.

The steep nature of the site poses difficulties in terms of design and site

planning and makes full compliance with the height control a challenge.

The imposition of appropriate conditions including building setback to

maintain a reasonable level of view sharing and colours and materials will

ensure the proposal will have minimal impact upon adjoining neighbours or

the bushland areas.

Conditions have also been recommended.

Having regard to the provisions of Section 79C of the Environmental Planning

and Assessment Act 1979, the application is recommended for deferred

commencement approval.

Recommending: PURSUANT TO SECTION 80/ OF ENVIRONMENTAL PLANNING AND



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 consent to Development Application No.


252/15 for development of a duplex on land at 21 Churchill Crescent,

Cammeray, subject to the following site specific conditions and attached

conditions:

1. First floor (south-western corner) master bedroom of the building to

maintain a minimum 19.4 metre setback to the rear property boundary as

detailed on the plans.

2. The submitted colours and materials are not approved. External colours and

materials shall be natural colours and muted and earth tones to walls and roofs.

Stronger colours to be restricted to window frames, doors and small decorative

features.

6. IPP05: 203 Ernest Street, Cammeray (V) - DA 66/2016

Applicant: Margaret Donaghy and Chris Chippendale

Report of Kim Rothe, Senior Assessment Officer, 20 September 2016

This development application seeks NSIPP approval for alterations and

additions to the rear of the existing semi-detached dwelling and the

construction of a new open car space at the front of the dwelling on land at No.

203 Ernest Street, Cammeray.

The application is reported to NSIPP to promote consistency with a

similar application for a new open car space in front of the semi-detached

dwelling at 193 Ernest Street, Cammeray (DA82/16 - -Also under

consideration by NSIPP at this meeting).

Development Application No. 66/16 has been assessed against North Sydney

Local Environmental Plan 2013, North Sydney Development Control Plan

2013 and relevant State Environmental Planning Policies and was generally

found to be acceptable, under the site circumstances subject to a suit of

controls to ensure only small cars are parked within the proposed car space..

Council’s Development Engineer does not support the proposal given its non-

compliance with AS 2890.1 for Parking Facilities – Offstreet Parking for a B-

35 vehicle standard however, a near identical proposal for front parking at 193

Ernest Street, Cammeray (DA82/16) received unanimous support from

Council’s Traffic Committee as well as NSW Police. Accordingly, this report

has had regard for this endorsement by the Traffic Committee

It is considered that the proposal would enhance the streetscape because it

would allow views of the front setback and the characteristic dwelling on the

subject site. The proposal would also promote passive surveillance of the

public domain.

A development determination is not bound by the outcome of the Traffic

Committee. Indeed, it must be stated that popular small cars such as the

Holden Cruize (4.6m) will not fit into the car space, and a Toyota Corolla at

4.33m will just fit into the 4.45m space as proposed by the applicant. The

owner’s choice of vehicle will thus be limited to compact cars, for example,

Toyota Yaris (3.9m - 4.3m) and Holden Barina (4.039m – 4.399m) to name

but two. Any vehicles which overhang the footpath could also be fined for

obstruction. Consequently, a condition of consent is recommended to prevent

cars from encroaching into Council’s Road Reserve.

Therefore, the proposal is considered to be satisfactory in the site context and

is recommended that deferred commencement consent be granted subject to


the imposition site specific and standard conditions as per the recommendation

of this report.

Should NSIPP however consider the front car space to be not worthy of

support, the remaining part of the application is considered supportable and the

proposal can still be part approved subject to the alteration to the conditions as

detailed in the conclusion of this report.



THAT the North Sydney Independent Planning Panel, as the consent

authority, under delegation from the Acting General Manager, grant deferred

commencement consent to Development Application No. 66/16 involving

the alterations and additions to the existing semi-detached dwelling and a new

open car space within the front setback of an existing semi-detached dwelling

at No. 203 Ernest Street, Cammeray, subject to the following conditions and

the attached standard conditions:-

AA1Submission of 88B Instrument pursuant to the Conveyancing Act

1919

In association with Lot C in DP 537008, a section 88B Instrument must be

created and registered on the title, limiting the use of the car space at No. 203

Ernest Street, Cammeray to a small vehicle.

The use or any other burdens/benefits must be noted as follows:

a) The use of the car space within the front setback must be limited to small

cars only (B-35) with a maximum length of 4.45 metres and this restriction

must be noted on Lot C in DP 537008.

b) Council is to be indemnified against accidental death or injuries to people

and/or goods arising from any vehicle encroaching into the Road Reserve on

Ernest Street.

c) The owner of the premises is to possess appropriate public liability

insurance at all times.

d) North Sydney Council is to be nominated in the Instrument as the only

party authorized to release, vary or modify the Instrument.

All costs associated with the registration and execution of the 88B instrument

and restriction on the use of the car space must be borne by the Applicant.

Documentation evidence of the restrictions on the title from LPI must be

submitted to Council to allow this consent to become operable.

(Reason: To ensure that small cars (B-35) only use the car space to ensure

public safety).

I.On-Going / Operational Conditions

No Encroachment for Vehicles onto Ernest Street

I1. Any vehicle parked within the approved car space must not encroach into

the Road Reserve on Ernest Street at any time.

(Reason: To preserve public safety)

Wheel Strips

I2. The landscaped spaces surrounding the approved wheel strips is to be

maintained in a landscaped condition and not to be paved, concreted or

otherwise made into a impervious surface.

(Reason: To ensure the spaces surrounding the wheel strips retains

functionality as Landscaped area)

Rear Retractable Awning

I3. The rear retractable awning over the rear deck is to be maintained as a


retractable structures at all times and is not to be converted to a fixed awning

structure.

(Reason: To ensure rear awning remains a retractable and the rear deck retains

functionality as unbuilt upon area)

Required Signage

I4. A sign shall be provided in a clearly visible location at the front of the

property stating “Small Vehicle Only – Maximum length 4.45 metres”. Text

used is to be no less than 50 mm in height and in a colour to contrast with its

background.

(Reason: To ensure that the space is used appropriately)

7. IPP06: 118 Alexander Street, Crows Nest (W) - DA 90/16

Applicant: Momo Property Group Pty Ltd

Report of George Youhanna, Executive Planner, 22/9/2016

This development application seeks approval for demolition of the existing

buildings on site (La Grillade Restaurant) and construction of a four (4) storey

(plus a rooftop communal room) mixed use development containing two

ground level non-residential areas, 12 apartments and two levels of basement

parking providing a total of 11 car spaces.

The application is reported to North Sydney Independent Planning Panel for

determination as the proposal is a significant mixed use development with an

estimated cost of work of $3.5M, and due to public interest (submissions).

The site has an area of 389.7m2 and is therefore relatively constrained in terms

of development options. Following an initial assessment and a review by the

Design Excellence Panel, Council raised a number of concerns in relation to

the original application and consequently an amended proposal was submitted

on 20 July 2016. The amended scheme has satisfactorily addressed the

identified issues and is now considered satisfactory.

Notification of the original proposal attracted three (3) submissions and

notification of the amended proposal attracted two (2) submissions, raising

concerns about height, privacy, solar access, overshadowing, character, traffic,

parking, precedent, views and other issues. 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.




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, and grant consent to

Development Application No. 90/16 for demolition of existing buildings and

construction a 4 storey mixed use development with basement parking at

No.118 Alexander Street, Crows Nest, subject to the attached conditions.


8. IPP07: 34-36 Oxley Street, Crows Nest (W) - DA 249/16

Applicant: Sean Bermingham

Report of Lara Huckstepp, Executive Planner, 23 September 2016

This development application seeks approval for alterations and additions to

an existing mixed use building including an awning over the existing eastern

rooftop communal terrace and vertical glass infill panels on the western

rooftop terrace. The matter is reported to the North Sydney Independent

Planning Panel for determination as the awning exceeds the building height

control pursuant to Clause 4.3 NSLEP2013.

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.



conditions.






exception to the development standard for height, grant consent to

Development Application No.249/16 for alterations and additions to an

existing mixed use building at 34-36 Oxley Street, subject to the attached

conditions and following standard conditions.

Colour of awning

C1. The proposed awning over the communal roof terrace shall be constructed

using colourbond in colour ‘monument’.

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 comply with the terms of this development consent)

Use of the Rooftop area

I1. The use and lighting of the common rooftop areas must not occur between

11.00pm and 7.00am daily. The design and placement of the lighting must:

(a) be directed away from any residential dwelling;

(b) not create a nuisance or negatively affect the amenity of the surrounding

neighbourhood; and

(c) comply with AS4282-1997 control of obtrusive effects of outdoor lighting.

(Reason: To ensure residential premises are not affected by inappropriate or

excessive illumination)

9. IPP08: 38 Milner Crescent, Wollstonecraft (W) - DA 115/16

Applicant: Urbanesque Planning P/L

Report of Kim Rothe, Senior Assessment Officer, 29 September 2016

This development application seeks approval for minor demolition to the

existing dwelling and construction of a first floor addition, new pool and


expanded garage. The proposal requires endorsement by NSIPP for

determination due to the number of public submissions received.

The proposal is an amended proposal with amendments made to the

development for further window privacy treatments to the main additions and

lowering of the pool into the ground following concerns raised by Council in

this regard.

Council’s first notification of the proposal attracted five (5) submissions

raising particular concerns about privacy, parking, loss of vegetation and

construction concerns associated with the application.

The applicant submitted amended plans on 28 July 2016 in response to

Council’s issues raised. The amended plans were re notified and attracted a

further one (1) submission raising concerns to privacy. The assessment has

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


The proposal as amended is considered to result in impacts that are generally

an expected outcome on the site having regard to the development controls

applicable to the site. Following this assessment the development application,

the proposal is considered worthy of support in the circumstances and is

recommended for approval subject to conditions.



THAT the North Sydney Independent Planning Panel as the consent authority

grant consent to Development Application No. 115/16 for Alterations and

additions to dwelling including new first floor, swimming pool and double

garage to laneway on land at 38 Milner Crescent, Wollstonecraft subject to the

attached condition list.

10. IPP09: 5 McHatton Street, Waverton (W) - DA 207/2016

Applicant: Kenstrom Design Pty Ltd

Report of Geoff Goodyer, Consultant Town Planner, Symons Goodyer Pty

Ltd, 13 September 2016

This development application seeks Council’s approval for alterations and

additions to dwelling house, demolition of existing clay base tennis court and

construct a new basement garage containing parking for five (5) cars, gym,

media room, rainwater tank and on site detention system and reconstruction of

tennis court over, with the tennis court reinstated in its current position and

level. Existing tennis court lighting poles are proposed to be removed and

replaced as part of this proposal.

The application is reported to NSIPP as the site is opposite the residence

of an elected Councillor.

Council’s notification of the proposal has attracted two (2) neighbour

submissions raising particular concerns about impacts of stormwater runoff,

impacts arising from excavation (noise, dust, debris and damage to properties),

and hours of work. The assessment has considered these concerns as well as

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



conditions.


Development Services comment:

This application was referred to a consultant planner for assessment to avoid

possible conflict of interest arising from the nearby residence of a serving

Councillor. The primary issue turns on compliance with the applicable site

cover, un-built upon and landscape area controls. In this case the proposal is

to remove an existing tennis court, excavate and provide below ground car

parking and media room, and reinstate the above ground tennis court. The end

result will generally be identical to that as existing in this regard. The

exceedances of the un-built upon and landscape area controls are substantial

and in the normal course would warrant refusal. The site is, however, unusual

and unique in that it comprises a heritage item with an annexed site containing

a tennis court. The development will provide extra facilities with minimal

impact on the heritage item or its setting. The issue of the additional parking

bays and Council’s code is noted but is considered in itself acceptable given

the quality of the residence and the fact that traffic generation will be governed

by the number of occupants in the dwelling. It is open to the Panel to adopt

the consultant’s recommendations should it feel the merit of the proposal so

warrants.




the General Manager, as the consent authority, grant consent to Development

Application No. 207/16 for alterations and additions to dwelling house,

demolition of existing clay base tennis court and construct a new basement

garage containing parking for five (5) cars, gym, media room, rainwater tank

and on site detention system and reconstruction of tennis court and lighting

poles on land at 5 McHatton Street, Waverton subject to the following site

specific conditions and the attached standard conditions:

Stormwater Management and Disposal Design Plan / Construction issue

detail

C1. Prior to issue of the Construction Certificate, the applicant shall have a

site drainage management plan prepared by a qualified hydraulic design

engineer. The site drainage management plan must detail the following

requirements of North Sydney Council:

a) Compliance with the latest revision of: BCA drainage requirements,

Councils Engineering Performance guide and current Australian Standards and

guidelines, such as AS/NZ 3500.3.2003, National Plumbing and Drainage

Code.

b) No works on Council land regarding storm water drainage discharge are

proposed or approved under this consent and no work may be undertaken until

approved.

c) Any works on Council’s infrastructure (including rectifying works on:

footpath, grass verge, kerb, gutter and/or driveway crossing) that are reverting

to Council care and control, must be approved from Council prior to

commencement of construction. To obtain the permit, an application must be

made to Council on a ‘Permit for Street Opening’ form with payment of the

adopted assessment/inspection fees.

d) Stormwater runoff and subsoil drainage generated by the approved

development must be conveyed in a controlled manner by gravity to existing

control pit at the South /East boundary.


e) The stormwater drainage system shall be designed for an average

recurrence interval (A.R.I.) of 1 in 20 years.

f) Provision is to be made for the collection and disposal in an approved

manner of any overland flow entering the subject property, or concentrated as

a result of the proposed works.

g) Surface inlet pits must be located to catch surface flows, and must be

provided at all pipe junctions, changes in pipe direction exceeding 45 degrees

and at the site boundary (within the property) prior to connection to the public

drainage system and must be of sufficient size to accept the flow.

h) All sub-soil seepage drainage shall be discharged via a suitable silt arrestor

pit. Sign must be installed adjacent to pit stating “This sediment /silt arrestor

pit shall be regularly inspected and cleaned”. Details of all plans certified as

being adequate for their intended purpose and complaint with the provisions of

AS 3500.3.2 by an appropriately qualified and practising civil engineer shall

be submitted with the application for a Construction Certificate.

i) If a car wash bay is established than wastewater collected from the bay

drainage require pre-treatment, such as silt traps and oil separation system,

prior to being discharged into wastewater systems (e.g. sewer or septics).

j) The design and installation of the Rainwater Tank must comply with

BASIX and Sydney Water requirements. Overflow from tank shall be

conveyed in a controlled manner by gravity to the stormwater disposal system.

k) The design and installation of the rainwater reuse system (rainwater tank)

must comply with DCP 2013 requirements. Overflow from the rainwater reuse

devise must be conveyed in a controlled manner by gravity to the stormwater

disposal system. Rainwater Tank must be plumbed to appropriate end uses (i.e.

external taps, toilet flushing, laundry, water features, car washing or garden

irrigation) to ensure sufficient use of tank water so that capacity exists to

accommodate rain water from storm events.

l) Prevent any stormwater egress into adjacent properties by creating

physical barriers and surface drainage interception.

m) The proposed On Site Detention for storm water disposal must be designed

to ensure that the maximum discharge of stormwater collected from the pre-

developed site, which would occur during a 1 in 5 year storm of 1-hour

duration for the existing site conditions, is not exceeded. The OSD system

must be regularly maintained and serviced.

n) The creation of a Positive Covenant (under the provision of the

Conveyance Act) on the property title to ensure the maintenance of OSD and

pump system on the property being developed. Prior to occupation certificate

details must be submitted to Council for approval before registration with the

Land Titles Office.

o) Provide subsoil drainage to all necessary areas with pump out facilities as

required.

Details demonstrating compliance are to be submitted with the Construction

Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that

the approved drainage plan and specifications, satisfying the requirements of

this condition, is referenced on and accompanies the Construction Certificate.

The measures shown on the approved stormwater management plan, must be

implemented on site prior to issue of the Occupation Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)


Construction Hours

E1. Building construction and works must be restricted to within the hours of

7.00 am to 5.00 pm Monday to Friday and on Saturday to within the hours of

8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.

Demolition works must be restricted to within the hours of 8.00 am to 5.00 pm

Monday to Friday only.

Excavation works must be restricted to within the hours of 8.00 am to 4.00 pm

Monday to Friday only.

For the purposes of this condition:

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

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

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

like.

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

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

demolition waste and the unloading of plant or machinery.

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

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

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

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

unloading of plant or machinery associated with excavation work.

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

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

public place adjoining the site.

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

expectations of residents and the community)

Front Fence G1. The brick wall and palisade front fence is to be reconstructed to match the

form of the existing fence at the completion of the works. The reinstated wall

and fence must have a matching brick base and palisade fence with the

detailing of the fence and piers to exactly match the existing fence in terms of

materials, height, location and detail.

(Reason: To minimise impact on the conservation area)

11. IPP10: 67 Union Street, McMahons Point (V) - DA 131/14/2

Applicant: Nix Anderson Pty Ltd

Report of David Hoy, Team Leader Assessments, 21 September 2016

This application under Section 96(1A) of the Environmental Planning and

Assessment Act 1979 seeks Council’s consent to modify Development

Application 131/14 relating to use of the subject premises for a café. Consent

is sought to modify the conditions of consent to permit the rear bi-fold doors to

the café premises to remain open during opening hours, to permit use of

existing rear external stairs for access to lower ground floor W.C. and to install

a new acoustic screen

The application is referred to the North Sydney Independent Planning

Panel for determination due to the number of submissions received and

the original approval having been granted by the Panel. The application was placed on notification between 5 February 2016 and 19

February 2016 with adjoining property owners and the Union Precinct notified


of the application. In response a total of six (6) submissions have been

received including from four (4) submitters. Issues raised in the submissions

relate to non-compliance with conditions of consent relating to the opening of

the rear premises door and associated noise and acoustic privacy impacts.

Council has received a number of complaints in relation to the ongoing noise

impacts arising from the ongoing use of the premises. Council rangers and

Compliance officers have attended the site on a number of occasions in

response to noise complaints from two nearby residents in January 2015,

November 2015, January 2016 and April 2016. The Café has been issued with

warning notices due to breaches to Condition I2 of the consent.

The proposed a new acoustic screen to the rear landing is supported, however

the proposal to remove the requirement to have the rear bi-fold doors to the

premises closed during the café opening hours is not supported, given the

number of complaints received since operation commenced, and the high

potential for ongoing acoustic impacts arising from the use of the premises

during busy operating times. The proposed request to delete Condition I2 is

therefore not supported.

Existing ongoing operational conditions are to remain including restrictions on

the use of the rear stair and balcony. Additional conditions have been

recommended to ensure the proposed acoustic screen is of suitable colour and

has adequate acoustic properties.

Should the Panel consider it is appropriate to permit the rear bi-fold doors to

remain open, this may be done on a trial basis with a recommendation that this

operation be reviewed in a 6 month time period. Having regard to the provisions of section 96 & 79C of the Environmental

Planning and Assessment Act 1979, the proposed development as modified is

satisfactory. The application is recommended for approval in part.



THAT the North Sydney Independent Planning Panel, under delegated

authority of Council, as the Consent Authority, modify Development Consent

No. 131/14 dated 5 November 2014 in respect of a proposal for use of a

premises as a café at 67 Union Street, McMahons Point under the provisions

of Section 96 of the Environmental Planning and Assessment Act only insofar

as will provide for the following:

1. Condition A1 of the consent is modified to read as follows:

Development in Accordance with Plans/documentation

A1. The development must be carried out in accordance with the following

drawings and documentation and endorsed with Council’s approval stamp,

except where amended by the following conditions of this consent. Plan No. Issue Title Drawn by Dated Received

DA100 B Ground and lower ground floor plans Unknown 23-04-14 27-01-16

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

accordance with the determination of Council, Public Information)

2. Condition Nos. A4 of the consent is deleted

3. Condition Nos. C4 of the consent is amended to read as follows:

Lattice Screen to be provided to rear balcony

C4. The lattice screen shown on the approved plans must be installed to the

eastern and southern edges of the balcony area to a height of 1.7 metres above

the finished floor level of the deck. The required screen shall consist of a

timber lattice screen and must be maintained at all times.


Details of the required privacy screen are to be provided to the Certifying

Authority prior to the issue of the Construction Certificate.

(Reason: To screen the deck area from adjacent residential balconies)

4. That the proposal to delete Condition Nos. I2 is not supported as there

remains a high potential for ongoing acoustic impacts to nearby

residences arising from the ongoing operation of the café.

5. That notwithstanding the requirements of Condition I2, that the

following additional conditions be imposed to require the proposed

acoustic screen to be installed:

Acoustic Screen to be installed to rear stair landing

A5. An acoustic screen is to be installed and maintained at all times on the

side of the ground floor landing to the double doors being a 3 metres wide by

2.7 metres high, 10 mm thick (at least), and being of solid UV resistant

polycarbonate material. The acoustic screen must be free of visible air gaps

to provide an impervious sound barrier.

The required acoustic screen is to be of a recessive colour and must cause any

unreasonable glare.

The acoustic properties of the screen must satisfy the requirements of the

acoustic report prepared by Day Design Pty Ltd, numbered 5952-1.1R dated

April 2016 and submitted to Council on 16 May 2016.

(Reason: To provide for the ongoing incidental use of the stairs and rear

doors by patrons and staff and to protect amenity of adjacent residential

premises)

12. IPP11: 2 Thomas Street, McMahons Point (V) - DA 201/16

Applicant: Proprietors of SP 55380

Report of Geoff Mossemenear, Executive Planner, 8 September 2016

This development application seeks Council’s approval for alterations and

additions to a dwelling including a new dormer window to the rear.

The application is referred to NSIPP due to the breach of the height

control for a small lot being in excess of 10% and provides extra yield

beyond that envisaged by the relevant controls. Council’s notification of the

proposal has attracted one submission raising concerns with the original

proposal not complying with Council’s heritage controls. Amended plans

were submitted in response to the heritage concerns raised by Council. The

assessment has considered the performance of the application against




conditions.

Recommending: PURSUANT TO SECTION 80/91 OF ENVIRONMENTAL PLANNING

AND ASSESSMENT ACT 1979 (AS AMENDED)




exception to the development standard for height, grant consent to

Development Application No.201/16 subject to the attached conditions.


13. IPP12: 3 Bay View Street, Lavender Bay (V) - DA 215/14/2

Applicant: Tobias Partners

Report of Susanna Cheng, Senior Assessment Officer, 22 September 2016

This application under Section 96(2) of the Environmental Planning and

Assessment Act 1979 seeks Council’s consent to modify Development

Application 215/14 relating to substantial alterations and additions to create a

new dwelling, including landscaping, drainage and associated works. Consent

is sought to modify the conditions of consent for internal space configuration,

revisions to materials, a revised roof top form from gable to flat roof at Level

5, and additional landscaping.

The application is referred to the North Sydney Independent Planning

Panel for determination due to the number of submissions received and

the original approval having been granted by the Panel. Council’s notification of the proposal has attracted one submission raising

particular concerns about the extent of demolition, height and setbacks,

shadows and view impacts of landscaping. The assessment has considered

these concerns as well as the performance of the modification against


The development as proposed to be modified will not change the

characterisation of the development as “substantial alterations and additions to

create a new dwelling”. The development, as approved, includes significant

demolition and additions to transform the building into a large contemporary

residence. The side and rear walls and gable roof form of the building

approved to be retained under the approved development are largely subsumed

beneath an enlarged building envelope. Under the proposed modifications, the

side and rear walls will continue to be retained. The proposed demolition of

the gable roof and replacement with a flat roof do not give rise to a different

characterisation of the development. The proposed development is considered

to be substantially the same as the approved development.

The proposed flat roof will be below the main ridge of the existing gable roof.

The reduction in numeric breach of the height control is supported. The

reconfigured upper level will be adequately set back from the boundaries so as

to allow for reasonable solar and view access to neighbouring dwellings.

The provision of additional landscaping is consistent with a condition of

consent. The amended landscape design, including selection of species,

location and growing conditions, is considered to be satisfactory in relation to

neighbouring properties, providing a reasonable balance between privacy, and

view and solar access.

Following this assessment the application to modify Council’s consent is

considered to be reasonable in the circumstances and is recommended for

approval.

Recommending:

That Council’s Team Leader Assessments, under Delegated Authority from

the General Manager of North Sydney Council, as the consent authority,

resolve to modify its consent dated 1/4/15 in respect to substantial alterations

and additions to create a new dwelling, including landscaping, drainage and

associated works, on land at 3 Bay View Street, Lavender Bay under the

provisions of section 96 of the Environmental Planning and Assessment Act

only in so far as will provide for the following:


(A) To modify the following conditions so as to read as follows:

Development in Accordance with Plans/documentation

A1. The development must be carried out in accordance with the following

drawings and documentation and endorsed with Council’s approval stamp,

except where amended by the following conditions of this consent. Plan No. Issue Title Drawn by Received

S96-01 A Site & Context Plan Tobias Partners 10/5/16

S96-02 A Floor Plan: Level 5 Tobias Partners 10/5/16

S96-03 A Floor Plan: Level 4.5 Tobias Partners 10/5/16





S96-08 A Floor Plan: Level 1 – Pool Tobias Partners 10/5/16

S96-09 A Elevation – South Tobias Partners 10/5/16

S96-10 A Elevation – North Tobias Partners 10/5/16

S96-11 A Elevation – East + West Tobias Partners 10/5/16

S96-12 A GA Sections – A1 Long Tobias Partners 10/5/16

S96-13 A GA Sections – A2 Long Tobias Partners 10/5/16

S96-14 A GA Sections Short Tobias Partners 10/5/16

S96-15 A GA Section Short Tobias Partners 10/5/16

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

accordance with the determination of Council, Public Information)

External Finishes & Materials

A4. External finishes and materials must be in accordance with the submitted

Finishes Schedule (Rev.C) dated 3/5/16, prepared by Tobias Partners and

received by Council on 10/5/16 unless otherwise modified by Council in

writing.

(Reason: To ensure compliance with the approved development)

Height

G8. Upon completion of the works and prior to the issue of any Occupation

Certificate the height of the development must be surveyed and certified by an

appropriately qualified and practising surveyor as compliant with the

maximum approved levels of RL20.80 at lift 02, RL20.045 at the level 05 roof

above the "Study Office”, and RL22.6 at the garage parapet. 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)

Landscaping

G10. The landscaping shown in the approved landscape plans numbered

MB_HM_01 (Issue I), MB_HM_02 (Issue I), MB_HM_03 (Issue I),

MB_HM_04 (Issue C), MB_HM_05 (Issue H) (excluding works to swimming

pool) and MB_HM_06 (Issue F), prepared by Myles Baldwin Design all dated

3/5/16 must be completed prior to the issue of any Occupation Certificate.

(Reason: To clarify consent and ensure compliance with soft landscaping

requirements)

BASIX

G32. Under clause 97A(3) of the Environmental Planning & Assessment

Regulation 2000, it is a condition of this development consent that all the

commitments listed in BASIX Certificate No. 700326S for the development

are fulfilled. Plans and specifications complying with this condition must be

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

Construction Certificate. The Certifying Authority must ensure that the

building plans and specifications submitted, referenced on and accompanying


the issued Construction Certificate, fully satisfy the requirements of this

condition.

(Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements)

i.To delete the following condition(s):

C4. Additional landscaping

14. IPP13: 44 West Street, North Sydney (V) - DA 62/16

Applicant: Latrade Pty Ltd c/- Jean-Claude Branch

Report of Susanna Cheng, Senior Assessment Officer, 20 September 2016

This development application seeks Council’s approval for a new front fence,

air conditioners, and other alterations to a boarding house.

The application is reported to NSIPP for determination due to the level of

interest from the public and following from enquiries by the Mayor, Jilly

Gibson.

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

particular concerns about unauthorised use, noise, visual and heritage impacts.

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

the application against Council’s planning requirements.

The site is located within an R2 Low Density Residential zone. The

application does not seek to change the approved use of the site as a boarding

house, which is permissible in the zone. The alterations and additions have

been assessed on the basis that they are for the purpose and in association with

the boarding house use, as approved. It is, however, noted that Council has

commenced compliance action in relation to unauthorised use of the site for

the purpose of tourist accommodation, which is prohibited within the zone.

The proposed works have been partially undertaken, including the installation

of air conditioning units, gas meters and alterations at the rear of the building.

The continued use of these works, as built, has been assessed to be

satisfactory. The air conditioning units are generally located at ground level at

the side and rear of the property so as to have minimal acoustic and visual

impacts.

Council’s Environmental Health Officer has reviewed the submitted acoustic

statement and is satisfied the development is capable of meeting relevant noise

standards, subject to a condition requiring cessation of operation of air

conditioners during late night hours.

The front handrail detail and front fence have been designed to appropriately

reflect the character and significance of the local heritage item. No objections

to the proposal are raised on heritage grounds, subject to conditions, including

restrictions on air conditioning units.



conditions.




the General Manager as the consent authority, grant consent to Development

Application No. 62/16 for new front fence, landscape works, alterations to


balcony balustrades, and continued use of air conditioners, gas meters and

alterations as built, at 44 West Street, North Sydney, subject to the attached

standard conditions and following site specific conditions:-

Use for purpose of boarding house

A4.The alterations and continued use of air conditioning units and other

utilities are approved exclusively for use for the purpose of a boarding house

operated in accordance with conditions of development consent No.1348/90.

No approval is given or implied for the use of the property for other purposes.

(Reason: Permissibility)

Location of air conditioning condenser units

A5.No approval is given for the location of any air conditioning units to the

front (east) elevation of the building, or any additional air conditioning units

on the northern side of the building other than the enclosed air conditioning

unit as detailed in the approved drawings. All external air conditioning units

are to be located at the rear or southern side of the building only.

(Reason: To reduce heritage impact)

Screen planting to gas meters

G8.The gas meters are to be screened by appropriate shrubs, planted with a

height that ensures that the meters are fully screened.


specifications submitted by the Applicant, referenced and accompanying the

issued Occupation Certificate, fully satisfy the above.

(Reason: To reduce heritage impact)

Timer restrictions on air conditioners

I1.All air conditioning unit/system(s) installed on the premises shall be fitted

with tamper-resistant automatic timers or other suitable device that cannot be

overridden other than by authorised staff, so as to ensure the air conditioners

do not operate during the following hours:

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

Holiday; and

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

Operable windows must be provided in all habitable rooms to provide natural

ventilation during these restricted hours.

(Reason: To maintain residential amenity)

15. IPP14: 69 West Street, Crows Nest (W) - DA 89/16

Applicant: Vaughn Milligan

Report of Aloma Moriarty, Assessment Officer, 19 September 2016

This development application seeks approval for alterations and additions to a

single storey corner terrace dwelling including a first floor attic style rear

addition. The application is reported to NSIPP for determination due to a

variation to Council’s controls relating to building height and in response to a

submission.

The existing and proposed dwelling include a maximum height of 7.9m

(existing) and 7.6m (proposed) above the existing ground levels. This

contravenes Clauses 4.3(2A) and 4.3(2B) of the North Sydney Local

Environmental Plan 2013, which specifies a maximum building height of

5.5m, given the site is zoned R2 – Low Density Residential and is located on a

lot with an area less than 230m2 size within a Conservation Area. The height


non-compliance of up to 2400mm (43.6%) is attributable to the new attic first

floor rear addition. The applicant has submitted a Clause 4.6 request for

variation to address the breach to the building height standard. The proposal

satisfies the objectives of the standard and is considered to maintain the

amenity and character of the neighbourhood. The breaches in building height

will not cause material loss of views, loss of privacy or overshadowing to

surrounding properties and the objectives of the height control would be

achieved despite the variation. The variation to the building height is therefore

supported in this instance.

The proposal is generally consistent with surrounding similar terrace dwellings

with the first floor attic addition located at the rear of the dwelling and below

and behind the main ridge of the dwelling, thereby not being visible from West

Street. However the dwelling has a secondary frontage to Carlow Street. The

proposed first floor addition includes the removal of the entire original rear

roof plane which is highly visible from Carlow Street. A condition has been

recommended to retain a portion of the rear roof plane by setting back the first

floor from the southern side boundary to align with the ground floor rear wing.

This is considered to reduce the overall bulk and scale of the proposed addition

and improve the presentation of the proposed first floor and the overall

dwelling from Carlow Street resulting a development that is in keeping with

the character of the conservation area.

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

issues with the construction process, structural adequacy and privacy impacts

which have been addressed through this report and conditions of consent have

been recommended where appropriate.

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

the application against Council’s planning requirements and appropriate

conditions of consent have been recommended.



conditions




authority, assume the concurrence of the Department of Planning &

Environment and invoke the provisions of clause 4.6 of North Sydney LEP

with regard to the exception of the development standards for building height,

grant consent to Development Application No. 89/16 for alterations and

additions to a corner terrace dwelling, subject to the attached standard

conditions and following site specific conditions:-

Retention of part of original Roof Form

C17. The proposed first floor extension must be setback from the southern

side such that it aligns with the external wall of the existing ground floor rear

wing and such that a minimum width of 1000mm of the existing rear roof

plane is retained.


specifications submitted, referenced on and accompanying the issues

Construction Certificate fully satisfy the requirements of this condition.

(Reason: To ensure the retention of original and significant fabric and to

reduce the visual bulk of the proposed extension)


Southern boundary wall along Carlow Street

C18. The southern boundary wall along Carlow Street that is currently

dilapidated must be repaired to match the existing wall and be no higher than

the existing wall height.




(Reason: To ensure the safety of the pedestrians using the footpath and to

maintain the presentation of the dwelling within the streetscape)

Amendments to Proposed Windows W1 and W2

C19. The windows noted as W1 and W2 are to be 700mm wide by 1200mm

high, double hung or casement windows.



Construction Certificate fully satisfy the requirements of this condition

(Reason: To ensure the use of details characteristic to the conservation area)

Weatherboards

C20. The weatherboards are to be natural timber or ‘Scyon’ weatherboards

with traditional profile and paint finish. No approval is given for fibre cement

weatherboards.




(Reason: To ensure the use of materials characteristic to the conservation area)

Roof sheeting

C21. The roof sheeting to the rear addition is to be corrugated sheeting with a

traditional corrugated profile, equal to Custom Orb ‘Accent’. No approval is

given for other roof sheet profile.




(Reason: To ensure the use of materials complimentary to the significance of

the heritage item)

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 7 September 2016.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL

MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON WEDNESDAY

7 SEPTEMBER 2016, 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:

Stephen Beattie - Manager Development Services

Geoff Mossemenear - Executive Assessment Planner

David Hoy - Team Leader Assessments

Robyn Pearson - 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 3 August 2016 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:

99/16

ADDRESS:

112 West Street, Crows Nest

PROPOSAL:

Alterations and additions to semi-detached dwelling including new

attic addition

REPORT BY NAME:

Adonna See, Graduate Assessment Officer

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

APPLICANT: Cape Cod Australia Pty Ltd

Anthony Tsoukalas

Veronica

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 Ian Pickles X

Francesca O’Brien X Grant Christmas X

ITEM 2

DA No:

471/2015

ADDRESS:

34-40A Falcon Street, Crows Nest

PROPOSAL:

Demolish existing building and construct a three (3) storey mixed

use development comprising ground floor retail, 15 apartments,

rooftop communal space and basement parking.

REPORT BY NAME:

David Hoy, Team Leader Assessments

REASON FOR NSIPP

REFERRAL:

Height Variation sought to Clause 4.3 Building Height of NSLEP

2013, Level of Public Interest/Concern to the proposal

APPLICANT: Brendan Lee




Public submissions

Chris Milner - Chairperson - Falcon Lane Action Group (FLAG) -

Paul Buljevic - Architect



(Panel Reason: The Panel notes the inclusion of Condition I6 as an ongoing condition which contains

the restrictions of access to non trafficable and green roofs)





ITEM 3

DA No:

158/16

ADDRESS:

53-57 Atchison Street, Crows Nest

PROPOSAL:

Demolition of existing structures, amalgamation of lots and

construction of a 5-storey residential flat building containing 18

units and basement car park

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

APPLICANT: Avance Urban Pty Limited, C/- Andrew King

Public submissions

Andrew King - Owner

Michael Watson - Planner

Paul Buljevic - Architect


The Council Officer’s Recommendation is endorsed by the Panel subject to the deletion of Conditions

C17 Road Works (d) and J5(a) in relation to drainage easements, and amendments to Conditions G28,

I6 and K5 in relation to car parking to reduce the visitor parking spaces by one space and increase the

residential by one space, and any consequential changes to the conditions.

(Panel Reason: The Panel considered the additional setback requirement on the upper level in

Condition A7 will provide improved solar access to the properties at the rear. The Panel considers the

deletion of one visitor space and reallocation to residential is acceptable. With respect to the drainage

easement these have been amended except for the requirement for the easement along the western

boundary of the entire site that is a technical requirement)








ITEM 4

DA No:

184/16

ADDRESS:

2 Wilson Street, Cammeray NSW 2062

PROPOSAL:

Alterations and additions to an existing dwelling

REPORT BY NAME:

Robyn Pearson, Team Leader (Assessments)

REASON FOR NSIPP

REFERRAL:

The application is referred to NSIPP due to public and Councillor

interest in the application.

APPLICANT: Mathew Davis

Public submissions

Megan Davis - Owner


The Council Officer’s Recommendation is endorsed by the Panel subject to the reasons for refusal

being amended as follows:

Reason 1(c) having the wording pedestrian deleted as it is a general safety issue.

Reason 2(a) to read as follows: the proposed design is considered to be unsympathetic for this

contributory item in the conservation area. The bulk, scale, dominance and unresolved architectural

response of the rear addition is unacceptable in its current form.

The first Reason 2(c) is to be deleted.

Reason 3 to be deleted.

(Panel Reason: To clarify reasons for the refusal)





ITEM 5

DA No:

254/16

ADDRESS:

26 Cowdroy Avenue, Cammeray NSW 2062

PROPOSAL:

Installation of a vergola over the existing third floor terrace of a

dwelling.

REPORT BY NAME:

Judith Elijah




REASON FOR NSIPP

REFERRAL:

The application is referred to the North Sydney Independent

Planning Panel for determination because the variation sought to

the building height development standard is greater than 10%.

APPLICANT: Peta Holmes

C/- Performance Building Consultants

Public submissions



The Council Officer’s Recommendation is endorsed by the Panel subject to an additional condition.

Use of the Vergola

I1. The vergola must remain as an open structure with operable louvres as shown on the

approved plans.

(Reason: To ensure the vergola to remain as an open structure)





ITEM 6

DA No:

116/16

ADDRESS:

20 Ellalong Road, Cremorne

PROPOSAL:

Substantial Alterations and additions including new first floor level

over main building

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

Number of submissions

APPLICANT: Richard Wilkins

C/- Madeleine Blanchfield

Public submissions

Merle Conyer - Submitter

Richard Wilkins - Owner

Madeleine Blanchfield - Architect






(Panel Reason: The Panel notes that no further treatment is required to other windows due to the

large separation distance. The Panel also notes the waste receptacles are to remain in situ and not

within the driveway)





ITEM 7

DA No:

152/16

ADDRESS:

21 Benelong Road, Cremorne

PROPOSAL:

Alterations and additions to a detached dwelling including a first

floor addition, a double garage and a new driveway

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

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.

APPLICANT: Straightline Studio Co.

Toni White

Public submissions








ITEM 8

DA No:

227/16

ADDRESS:

28 Parraween Street, Cremorne

PROPOSAL:

Alterations and additions to a semi-detached dwelling to provide a

first floor addition

REPORT BY NAME:

Robin Tse, Senior Assessment Officer

REASON FOR NSIPP Variation sought to the building height development standard is




REFERRAL: greater than 10%, which requires determination of the application

by the Panel.

APPLICANT: Cape Cod Aust. Pty. Ltd.

Anthony Tsoukalas

Public submissions








ITEM 9

DA No:

266/14/3

ADDRESS:

14 Eaton Street, Neutral Bay

PROPOSAL:

Modification of Consent - Demolition of existing dwelling and

construction of a part 2 and part 3 storey multi dwelling housing

development comprising 5 dwellings and basement parking for 9

cars

REPORT BY NAME:

George Youhanna

REASON FOR NSIPP

REFERRAL:

Public Interest (Submissions)

APPLICANT: James Michael Elliott

Public submissions

James Michael Elliott - Applicant

Anthony Solomon - Architect


The Council Officer’s Recommendation is endorsed by the Panel subject to the rear balconies off the

bedrooms being a maximum depth of 600mm and the screens to be fixed in place. The architect

offered this amendment in discussion.

(Panel Reason: The Panel considers that this is an acceptable solution)








ITEM 10

DA No:

205/16

ADDRESS:

26 Waruda Street, Kirribilli

PROPOSAL:

Demolition of the existing building and the construction of a

residential flat building containing five apartments with basement

parking and associated landscaping

REPORT BY NAME:

Luke Donovan

REASON FOR NSIPP

REFERRAL:

Public Interest

APPLICANT: Theo Paradisis

Public submissions

Alex Allen - Submitter

Geen Walsh - Submitter

Vince Squillace - Architect


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

Condition C27 to reflect the architect’s solution to ensure privacy for the rear property by the

provision of a fixed louvre screen on the corner bedroom windows at the rear with the louvres being

operable to a maximum of 45 degrees. Conditions are to be amended accordingly:

(Panel Reason: The Panel considers that the above solution with the proposed setback will not

adversely impact on the potential for redevelopment of the property at the rear)





The public meeting concluded at 3.25pm.

The Panel Determination session commenced at 3.30pm.

The Panel Determination session concluded at 5.30pm.

Endorsed by Jan Murrell

North Sydney Independent Planning Panel

8 September 2016

north sydney council€¦ · north sydney council council chambers 29 september 2016 ... materials...

Documents