north sydney council...north sydney council . council chambers . 30 october 2014 . i wish to inform...

NORTH SYDNEY COUNCIL

Council Chambers 30 October 2014

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 November 2014 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. WARWICK WINN GENERAL MANAGER

BUSINESS 1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 1 October 2014. (Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

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North Sydney Independent Planning Panel – 05/11/14 Page No 2

2. IPP01: 58 Milner Crescent, Wollstonecraft (W) - DA148/14

Applicant: Merit Homes Report of Kim Rothe, Senior Assessment Officer, 28 October 2014 The subject development application is an amended proposal which seeks approval for the demolition of the existing single storey dwelling on site and the construction of a three storey multi dwelling housing building containing three units. The proposal requires reporting to NSIPP for determination due to the number of public submissions received and variations to NSDCP 2013 controls. Council’s notification of the original proposal attracted four (4) submissions raising particular concerns about privacy, parking, streetscape, construction and asbestos and stormwater issues associated with the application. The applicant submitted amended plans on 29 August 2014 in response to Council’s issues raised. The amended plans were re-notified and attracted a further one (1) submission raising concerns to streetscape vista, bulk and scale, vehicular crossing and the front fence. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The bulk and scale of the amended proposal is generally consistent with the intended future character envisaged in Council’s controls and existing surrounding buildings. The proposal is also considered to be an appropriate transitional built form with appropriate residential density and form and its position between a low density heritage dwelling to the west and high density residential flat building to the east. The building is below the 12m height limit, and is also generally compliant with the building height plane at the northern, eastern and western elevations. The development will not result in any material privacy or overshadowing impacts. Non compliances have been identified against Council’s Development Control Plan 2013 for Population Mix, Dwelling Entries, Location of Car Parking and Private Open Space. The proposal would result in medium density housing constructed on an isolated R4 High Density Residential site. Given the lack of material impact arising out of the non compliances and no sound basis for the application to fail, the proposal is supported in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel as the consent authority grant consent to Development Application No. 148/14 for demolition of existing dwelling and construction of new multiple dwelling housing building on land at 58 Milner Crescent, Wollstonecraft subject to the following site specific condition and the attached standard conditions. Window to the Eastern Elevation to be Converted to Entry Door C1. Either of the full height windows located on the eastern elevation of the ground floor studio apartment 58C is to be converted into a separate entry door. Details demonstrating Compliance are to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate.


(Reason: To further define and separate the dwelling entry from the private outdoor courtyard)

3. IPP02: 23 Nicholson Street, Wollstonecraft - (W) - DA 115/2014 Applicant: Link Housing Report of Kerry Gordon - Kerry Gordon Planning Services Pty Ltd, 16 October 2014 This development application seeks approval for demolition of the existing dwelling and structures and construction of a boarding house containing 7 boarding rooms for a maximum of 14 boarders. The property is owned by North Sydney Council and the application has been independently assessed by a Consultant Planner. Determination is required by the Panel to ensure there is no bias in the assessment and determination of the proposal. Notification of the proposal has attracted a total of 4 submissions raising particular concerns about density, transient populations, noise, parking, rubbish and the height of the dividing fence. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The proposal is generally compliant with all applicable SEPP, NSLEP 2013 and DCP 2013 controls applicable to the development as demonstrated in this assessment report. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, support the proposed SEPP 1 objection to Clause 30(h) of SEPP (ARH) 2009 and grant consent to Development Application No. 115/2014 for demolition of the existing building and structures and construction of a seven (7) room boarding house at No. 23 Nicholson Street, Wollstonecraft, subject to the attached conditions:-

4. IPP03: 22 Carlow Street, North Sydney (V) - DA 57/14 Applicant: Paul Gladwin Report of Brett Brown, Ingham Planning Pty Ltd, 28 October 2014 This development application seeks approval from NSIPP for first floor alterations and additions to a semi-detached dwelling by way of an extended roof structure including dormer windows and comprising two bedrooms, bathroom and a study. 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%, which requires determination of the application by the Panel in accordance with the directions from the NSW Department of Planning and Environment. Furthermore, the application site


relates to a Council employee which raises the potential for the perception of a conflict of interest. The proposed works are above the permissible height limit of 5.5m pursuant to clause 4.3(2B) in NSLEP 2013. The variation to the building height development standard is not justifiable as it will result in the building having a 2 storey appearance from the street and utilises a side dormer which is indicated in Council’s controls to be an ‘uncharacteristic’ element. Whilst is it considered that a second level addition may be appropriate in another form, the use of side dormers is specifically noted as an ‘uncharacteristic’ element in the Part C Sections 3.7 P9 and 3.7.7 of North Sydney DCP 2013. Council’s Conservation Planner and an external Heritage Consultant have indicated that the proposed side dormer would have an adverse impact upon the significance of the conservation area. Having regard to the above, the proposed development is considered to be unacceptable and is recommended for refusal. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, refuse development consent to Development Application No. 57/2014 for alterations and additions to existing semi-detached dwelling on land at 22 Carlow Street, North Sydney for the following reasons.\ 1. The proposal exceeds the 5.5m height contained in Clause 4.3(2B) of North Sydney Local Environmental Plan 2013 and results in the building having a 2 storey appearance from the street. This is contrary to objective (f) if the height controls to: “encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area.” 2. The submitted request to allow non-compliance with the 5.5m height contained in Clause 4.3(2B) of North Sydney Local Environmental Plan 2013, pursuant to Clause 4.6 of North Sydney Local Environmental Plan 2013 - Exceptions to Development Standards, fails to meet the requirements of this Clause as it does not adequately demonstrate: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. In this regard the compliance with the standard would ensure a single storey appearance from the public domain and be consistent with objective (f) of the height control. 3. The proposal includes a side dormer which is identified as an ‘uncharacteristic’ building element in the Character Statement – Holtermann Estate D Conservation Area contained in Development Control Plan 2013 and as such the proposal will detract from the conservation significance of the area. 4. The proposal is contrary to Section 13.6.4 of Development Control Plan 2013 - Additional storeys and levels, as it: (a) does not exhibit a similar scale to that in the vicinity of the site; (b) does not have a design that respects the heritage characteristics of the area; (c) alters the form or scale of a contributory item; (d) is not setback behind the main roof line.


5. The approval of the proposed development is not in public interest because of the uncharacteristic nature of the proposal and the adverse impacts on the heritage significance of the conservation area.

5. IPP04: 220 West Street, Crows Nest (W) - DA 281/14

Applicant: Dform Design Report of Jonathan Archibald, Assessment Officer, 21 October 2014 This development application seeks Council’s approval for Change of Use from Office Premises to Dog Grooming Business. An earlier application for a similar but in detail different application was withdrawn. The application is reported to NSIPP as the proposal attracted a number of submissions during the public advertising period, requiring determination by the North Sydney Independent Planning Panel and the applicants strict view that the use is both permissible and appropriate. The proposal for animal grooming would constitute an ‘Animal boarding and training establishment’, as defined within the North Sydney Local Environmental Plan 2013 (NSLEP2013), and under the Standard Instrument. It is considered that this use is prohibited within the B1 Neighbourhood Centre Zone. On the basis that the proposed use would be prohibited in the B1 Neighbourhood Centre Zone. The application was notified during the period Friday 12 September 2014 to Friday 26 September 2014 pursuant to Section 4 of the North Sydney Development Control Plan 2013. During this period the application received eighteen (18) individual submissions objecting to the proposal, and two petitions, containing a total seventy two (72) signatures. No submissions were received in support of the proposal. Following the ceasing of the notification period on 26 September 2014, to 20 October 2014 Council has received additional four (4) submissions objecting to the proposal. Matters raised in objections to the proposal predominately include those of amenity, relating to noise, odour, parking, traffic, access and waste, as well as matters of legal permissibility and suitability of the site. In addition to fundamental permissibility matters, an assessment of the proposal has been undertaken against relevant provisions of the North Sydney Development Control Plan 2013, with significant concerns and non-compliances relating to noise, parking, waste management, odour, safety, access and heritage matters. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be unreasonable in the site circumstances and recommended for refusal due to the proposal being a prohibited use within the zone as well as significant issues of amenity unable to be resolved through the development application process.


Recommending: THAT the North Sydney Independent Planning Panel, under delegated Authority of The General Manager as the Consent Authority, refuse development consent to Development Application No. 281/14 for the Dog Grooming Business at 220 West Street, Crows Nest, as shown on plans numbered SDB01 through SDB07, dated 21 August 2014, drawn by Dform Design, and received by Council on 27 August 2014, for the reasons outlined below: 1. Permissibility The proposal is a prohibited use within the B1 Neighbourhood Centre Zone, pursuant to the North Sydney Local Environmental Plan 2013. Particulars:a) The proposal is considered to constitute an ‘animal boarding and training establishment’. Such a use is not permissible within the B1 Neighbourhood Centre Zone and is therefore prohibited

b) The proposed use could not reasonably be characterised as a business premises given the proposed use includes the provision of service and care to animals for a commercial purpose. 2. Zone Objectives The use of the premises would present an unreasonable impact to surrounding residential premises and is inconsistent with the objectives for the B1 Neighbourhood Centre Zone, pursuant to the North Sydney Local Environmental Plan 2013. Particulars: a) The proposal is not considered to be a small-scale retail, business or community uses that serve the needs of people who live or work in the surrounding neighborhood and would result in a significant reduction in residential amenity. The scale of the proposal, including operating hours and animal capacity is considered to service an area significantly larger than the immediate surrounding neighbourhood. It is therefore considered that the proposal would not be in keeping with this objective for the provision of a small scale business within the zone. b) The proposal does not encourage active street life while maintaining high levels of residential amenity. The operational details of the proposal, including recommendations of the submitted Acoustic Report would indicate and/or require, day to day running of the business solely within the confines of the existing building and therefore would not encourage, nor contribute to, active street life surrounding the site. Further, the daily operation the business would have a significant impact on residential amenity within the locality, on the grounds of noise generated by animals within the premises as well as coming and going and as a result of the requirement for full time mechanical ventilation, 3. Amenity Matters (a) The proposal does not satisfy the following provisions contained in the North Sydney Development Control Plan 2013:


(i) Section 2.3.1 (Clean Air) in that the development has not adequately addressed outstanding concerns relating to waste management, including adequate ventilation to the subject premises and generation of odour impacts to adjoining residents, and is considered to reduce amenity to the surrounding locality. (ii) Section 2.3.2 (Noise) in that the development has not adequately addressed outstanding concerns relating to noise generation from the site and acoustic impacts to surrounding residents, and is considered to reduce amenity to the surrounding locality. It is considered recommendations in the submitted acoustic report would be unrealistic in the day to day operation of the business, and would be unable to be enforced by the applicant, customers or Council (iii) Section 2.5.9 (Garbage Storage) in that the development has not adequately addressed concerns relating to garbage storage and waste management procedures at the site. The applicant has not clearly identified the location of waste storage receptacles, types of receptacles to be used, security or screening provisions or any cleaning and collection procedures/schedules. 4. Public Interest The proposed development is not considered to be in the public interest for the reasons outlined within this notice of determination.

6. IPP05: 234 West Street, Crows Nest (W) - DA 26/14

Applicant: John Yanniotis Report of Susanna Cheng, Senior Assessment Officer, 20 October 2014 This development application seeks approval for substantial alterations and additions to a dwelling to create a new dwelling including a 2-storey rear addition. The application is reported to NSIPP for determination as the extent of variation to the NSLEP 2013 Building Height control exceeds 10%. The proposed building height of 6.1m exceeds the maximum height control of 5.5m for small lots by 10.9%. The variation is supported in this instance as the bulk and scale of the rear addition has been minimised by maintaining the existing ridge height. The first floor level will be wholly contained within the roof space formed by the rearward extension of the existing ridge line. The application seeks substantial alterations and additions to a cottage which has been identified as a contributory item in the Holtermann Estate B conservation area. The extent of demolition work is supported in this instance having regard to the advanced state of dilapidation of the building, as substantiated by a structural engineer’s report. The proposal involves retention of the primary facade and front hipped roof, and reinstatement of the front verandah, thereby retaining the significant form of the property and maintaining its contribution to the streetscape and conservation area. The proposed site coverage is comparable to surrounding residential properties on small lots within a densely built area. The development achieves adequate and compliant soft landscape areas and private open space, including a reinstated front garden setting.


Council’s notification of the original proposal attracted three objections raising particular concerns about height, site coverage, landscaping, and documentation. An amended DA, incorporating significant changes including a reduction in height and simplified roof form, was renotified resulting in two submissions in support of the application. The assessment has considered all concerns raised, as well as the performance of the application against Council’s planning requirements. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 26/14 for substantial alterations and additions to a dwelling to create a new dwelling including a 2-storey rear addition, subject to the attached standard conditions and following site specific conditions: Timber weatherboards C1. Existing weatherboards are to be retained and repaired where possible. New weatherboards are to be natural timber weatherboards with paint finish and profile to match the existing weatherboards. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To retain significant fabric in its original form, and ensure new materials are characteristic to the conservation area) Services to No.232 West Street C2. The following must be addressed and acted upon in relation to, and in consultation with the owner(s) of, No.232 West Street, Crows Nest, prior to the issue of a Construction Certificate: (a) The fixed highlight window on the northern elevation of No.232 West Street adjacent the southern boundary of the site and associated with a living room in No.232 West Street, Crows Nest, is to be suitably weather/vermin-proofed, sealed and/or otherwise modified to comply with any requirements of the BCA; and (b) Any conduits, pipework, guttering, roofing, eaves, services and the like that are associated with No.232 West Street, Crows Nest, that are identified by survey to encroach onto the subject site and are necessary to be removed in order to carry out the approved development, are to be removed, relocated and/or replaced, as appropriate. Details of the above SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey, drawings and report(s) (as relevant), are to be prepared by appropriately qualified person(s) agreed to by both the applicant/developer and the owner(s) of the adjoining property at No.232 West Street, Crows Nest. A copy of the documentation is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.


All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent, or as agreed with the owner(s) of No.232 West Street, Crows Nest. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. In the event that permission to remove, relocate and/or replace services, pipework, guttering, conduits, other encroachments and the like, is denied by adjoining owner(s), the applicant/developer MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to consult and/or negotiate with, and/or obtain access and advise the affected property owner(s) of the proposed works and that these steps have failed. Written concurrence must be obtained from Council in such circumstances. (Reason: To facilitate the approved development while maintaining building services to adjoining dwelling) Service adjustments E1. Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority. (Reason: To ensure the service requirements are met)

7. IPP06: 514 Miller Street, Cammeray (T) - DA268/14

Applicant: Macphail & Sproul Architects Report of Kim Rothe, Senior Assessment Officer, 28 October 2014 This development application seeks development consent for alterations and additions to an existing building involving the refurbishment of commercial floor space on the ground, first and second floor and alteration and addition to the existing residential apartment on land at 514 Miller Street, Cammeray. The application is reported to NSIPP as the proposed works would not comply with the permissible height limit of 13m pursuant to clause 4.3(2) and the Non residential Floor Space Ratio stipulated under clause 4.4A(2) in NSLEP 2013. The noncompliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Infrastructure. Council’s notification of the proposal has attracted two (2) submissions raising particular concerns about loss of privacy and views, increased building height, noise and overshadowing. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The proposed development involves the adaptive reuse of an existing building that will maintain the commercial tenancies to service the local needs of the


neighbourhood and enhance the amenity of the existing residential apartment on the uppermost floor of the building. The site has been the subject of an earlier application DA383/13 which proposed alterations and additions to an existing five storey building involving the conversion of two floors of commercial floor space to residential use providing eight (8) apartments and strata subdivision. The application was reported to the North Sydney Independent Panel meeting of 05 February 2014 where the panel approved the development subject to conditions of development consent. Should the recommendation of this application be adopted, a condition of development consent has been included to require the surrender of this development consent prior to any construction certificate being issued for this application. 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. The variations to the Building Height and Floor Space Ratio control of NSLEP 2013 are supported. Accordingly, the proposal is recommended for approval subject to appropriate standard and site specific conditions Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height (Clause 4.3(2) NSLEP 2013) and non residential floor space ratio (Clause 4.4A(2) of NSLEP 2013), and grant consent to Development Application No. 268/14 for alterations and additions to an existing building involving the refurbishment of commercial floor space on the ground, first and second floor and alteration and addition to the existing residential apartment on land at 514 Miller Street, Cammeray subject to the following non standard conditions and attached draft recommended conditions: Deletion of Window Box Detailing C1. The Miller Street and Abbot Lane window box edge detailing to the refurbished windows of the building are to be deleted from the plans to ensure there are no projections other than the Miller Street awning into the Public Road Reserves. Details demonstrating compliance are to be submitted for the attention of the Principle Certifying Authority with the application for a Construction Certificate. (Reason: To ensure there are no projection into Council owned land beyond the approved Miller Street Awning) Surrender of Consent C2. Development Application DA383/13 is to be surrendered in writing and written acknowledgement in accordance with Clause 97 of the Environmental Planning and Assessment Regulations 2000 received from Council confirming surrender of consent is to be obtained by the applicant prior to the issue of any Construction Certificate for the subject application. (Reason: To ensure no concurrent valid development consents exist over 514 Miller Street, Cammeray) Use of the Residential Apartment as a Single Dwelling


I1. The residential apartment is to be used as one (1) single dwelling only. No consent is provided or inferred for the apartment to be broken down into further separated (dual/multiple key) apartments. (Reason: To ensure the dwelling is retained as a single dwelling) Provision of Key for Residential Garbage Store Access G1. Prior to the issue of the Occupation Certificate, the Certifying Authority must be satisfied that adequate access to the garbage room will be provided for the residents of the third floor flat. (Reason: To ensure adequate access to site amenities for all users)

8. IPP07: 187 Ernest Street, Cammeray (T) - DA 298/14

Applicant: North Sydney Council Report of C.F.Blyth, Consultant Town Planner, Plansight Pty Ltd - 22 October 2014 This development application seeks consent from NSIPP for alterations and additions to the North Sydney Council Depot to enable the provision of a mezzanine level for archive storage. In addition it is proposed to alter the entry to the subject part of the building providing new access steps and landing and a reduced opening with new double entry doors, an entry lobby and roof mounted air conditioning. The air conditioning units have been subject to an acoustic impact report that recommends the installation of acoustic screens constructed to comply with the NSW Industrial Noise Policy. The consultant has provided options for the construction of the screens to achieve the required level of protection to the adjacent residential land use. The development application is reported to North Sydney Independent Planning Panel because it involves use of a Council owned/managed building with a cost of works over $250,000. Following this assessment the development application is considered to be reasonable in the site circumstances and is recommended for approval subject to appropriate standard and site specific conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the consent authority under delegation from the General Manager as the consent authority, grant consent to Development Application No. 298/14 for alterations and additions to the Council depot building at 187 Ernest Street, Cammeray including the ground floor alterations and the installation of a mezzanine storage level, air conditioning plant and new entry steps and doors, subject to the following site specific conditions and the attached standard conditions:- Compliance with Acoustic Report C5. The recommendations contained in the acoustic report prepared by SLR Consulting Australia P/L dated 22 October 2014, must be implemented during construction and use of the development. Details of the required acoustic screen must be provided to the Certifying Authority and the Construction Certificate Drawings amended accordingly. A statement from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, certifying


that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development and that relevant noise criteria have been satisfied, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Principal Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To maintain an appropriate level of amenity for adjoining land uses) Noise and Vibration Impact (Compliance) I1. Within 60 days of commencement of operation of the premises further acoustic testing must be undertaken and a report from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, prepared to demonstrate that the use of the premises complies with the conditions of this consent and/or the Acoustic Report prepared by SLR Consulting Australia P/L dated 22 October 2014. The testing must be carried out when the air conditioning system is operating at the required capacity. If the air conditioning system is found not to comply with the noise conditions, the operating of the system must be modified until appropriate measures to remedy the breach to the satisfaction of Council’s Environmental Health Officer. (Reason: To ensure compliance with acceptable noise levels to maintain the amenity of adjoining land uses)

9. IPP08: Primrose Park Art Gallery, Matora Lane, Cremorne (T) - DA

290/14

Applicant: North Sydney Council Report of Robyn Pearson, Team Leader (Assessments), 24 October 2014 This development application seeks approval for internal alterations to the Primrose Park Art Gallery in Primrose Park, Cremorne including an accessible toilet, storage cupboard, sink, glass balustrades to the internal staircase and the rear door as well as a new front entry door. DA290/14 is reported to North Sydney Independent Planning Panel for determination because North Sydney Council is the applicant and owner of the land. The application was assessed by Council staff instead of an external consultant on the basis that any potential conflict of interest is minor given that there would be no financial gain for Council and that the application relates to minor internal alterations including the provision of disabled facilities to an existing use. Nevertheless, the report requires independent review in accordance with Council procedures. The application has been assessed under the NSLEP 2013, NSDCP 2013 and other relevant planning instruments and policies and generally found to be satisfactory because the works are internal and unlikely to have any impact upon the heritage significance of the building and/or Primrose Park. Surrounding residential properties are far enough away from the Gallery so as not to have an impact upon residential amenity.


Notification of the proposal has attracted one submission and a petition with 101 signatures concerned that the current application does not address the ongoing needs of the long time current users of the park. Concerns were also raised about whether children attending the Primrose Park Tennis Centre during school holidays would still be able to use the facilities of the Art Gallery during inclement weather. These matters have been passed on to the appropriate officer for review. In 2004 Council resolved to improve cultural facilities within North Sydney including the use of the Community Hall within Primrose Park as an Art Gallery to support local artists. The Tennis Centre has, on a casual basis, hired the hall during school holidays. To allow the subject building works to be undertaken, the Art Gallery has been temporarily removed from Council’s list of halls for hire for 2014/2015 but will become available for hire upon completion of the works to all community groups subject to availability. Following this assessment the development application is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager, grant consent to Development Application No. 290/14 for alterations and additions to the Primrose Park Art Gallery, Matora Lane, Cremorne subject to the attached conditions.

10. IPP09: 6 Neutral Street, North Sydney (V) - DA251/14

Applicant: Matthew Haig Rowley Report of Robin Tse, Senior Assessment Officer, 25 October 2014 This development application seeks development consent for alterations and additions to an existing two storey semi-detached dwelling including a ground floor rear addition. 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%, which requires determination of the application by the Panel in accordance with the directions from the NSW Department of Planning and Environment. This assessment has considered the Clause 4.6 request for a variation to the LEP’s building height development standard as submitted by the applicant where the breach of the development standard was found to be justified because the building elements above the maximum building height of 8.5m are unlikely to cause adverse amenity impacts for the adjoining properties in terms of view loss, overshadowing and the loss of visual and acoustic privacy. Council’s Conservation Planner indicated that the design of the proposal is acceptable because the proposed replacement of an existing eye-lid dormer with a sympathetic dormer would enhance the significance of the subject Contributory item and the character of the conservation area. Council’s notification of the proposal has attracted no submissions.


A condition is also recommended to modify the design of the proposed covered verandah to achieve compliance with the DCP site coverage requirement. Having regard to the provisions of Section 79C of the EP&A Act 1979 the application is considered to be satisfactory and therefore can be approved. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, assume the concurrence of the Director General of the Department of Planning and Environment and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height, and grant consent to Development Application D251/14 for alterations and additions to an existing two storey semi-detached dwelling on land at No. 6 Neutral Street, North Sydney subject to the attached standard conditions and following site specific conditions:- Design Modifications C1. The length of the covered verandah at the rear of the dwelling shall be reduced to 2.4m from the glazing line of W5, as marked in red on drawing numbered RO:02, dated July 2014 and prepared by EMIAT Pty Ltd, to ensure compliance with the site coverage requirement of North Sydney Development Control Plan 2013. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To ensure compliance with site coverage requirement of North Sydney Development Control Plan 2013) Landscape Plan C2. The applicant shall submit a landscape plan for the subject site, based on drawing numbered RO:01 dated July 2014 and prepared by EMIAT Pty Ltd, identifying the species of plants to be planted, their numbers and their mature heights to ensure appropriate landscaping treatment within the subject property. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To ensure appropriate landscaping treatments) Roof Sheeting C3. All roof sheeting, including the replacement of the existing roof sheeting to the original house, is to be traditional profile corrugated sheets in clear zincalume finish or light grey colorbond colour. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To ensure the use of materials and colours consistent with the significance of the contributory item)


11. IPP10: 21 Elamang Avenue, Kirribilli (V) - DA94/14/2 Applicant: Collard Maxwell Architects Report of Robin Tse, Senior Assessment Officer, 28 October 2014 This Section 96 application seeks NSIPP approval for the modifications to an application for alterations and additions to an existing twelve storey apartment building including changes to the approved fenestration and modifications to Conditions C2 (Fire Safety Upgrade) and C10 (Location of Plant). The application is reported to North Sydney Independent Planning Panel for determination because the original Development Application was approved by NSIPP on 6 August 2014 and the original application was reported to NSIPP because the works involved construction above the permitted building height (12m). The variation was greater than 10% of the LEP’s building height development standard as does this Section 96(2) application. Council’s notification of the proposed modification has attracted one (1) submission raising particular concerns about the adverse impacts of the proposed modifications to the roof terrace including additional overshadowing of a nearby property to the south-east of the subject site. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The proposed modifications to the approved alterations and additions to an existing twelve storey apartment building have been assessed as substantially the same development as was originally approved. The proposed modifications to the fenestration including the alterations to living room windows to provide full height glazing/Juliette balconies would not result in adverse visual impacts and/or materially reduce the acoustic amenity for adjoining properties. The proposed modifications to the roof level, including modifications to the approved roof terrace, the placement of three air conditioning units and the increase in the height of the parapet walls at the perimeter of the terrace would not result in material amenity impacts for adjoining properties in terms of overshadowing or privacy loss. The proposed changes to the wording of Condition C2 relating to the fire safety upgrade have been assessed by Council’s Building Surveyor and found to be acceptable. The issues raised in the submission received have been addressed in this report. The proposal has been assessed having regard to Section 96(2) of the Environmental Planning and Assessment Act 1979 (as amended) and found to be satisfactory in the site circumstances. Accordingly, the proposal is recommended for approval subject to modified conditions of consent. Recommending: THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, resolve to modify its consent No. 94/14, dated 6 August 2014 for alterations and additions to an existing apartment building on land at 21 Elamang Avenue, Kirribilli under the provisions of Section 96 of the Environmental Planning and Assessment Act only insofar as will provide for the following: To modify conditions A1, C1, C2, C10, C12 and F7 to read as follows: A1. Development in accordance with Plans The development must be carried out in accordance with the following


drawings and documentation and endorsed with Council’s approval stamp, Plan No. Issue Date Drawn by Received

DA-02 A 18 March 2014 Collard Maxwell Architects

3 April 2014


3 April 2014


3 April 2014


3 April 2014


3 April 2014


3 April 2014


3 April 2014


3 April 2014


3 April 2014

DA-01 A 3 April 2014 Collard Maxwell Architects

3 April 2014

DA-11 A 3 April 2014 Collard Maxwell Architects

3 April 2014

except where amended by the following conditions of this consent (D94/14/2): Plan No. Issue Date Drawn by Received

DA-01 B 21August 2014 Collard Maxwell Architects

25 August 2014

DA-02 B 20 August 2014 Collard Maxwell Architects

25 August 2014

DA-03 C 2 October 2014 Collard Maxwell Architects

2 October 2014


25 August 2014


25 August 2014


25 August 2014


25 August 2014


25 August 2014


25 August 2014

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information) Landscape Plan C1 The applicant shall submit a landscape plan for the area within the subject site affected by the proposed works, including but not limited to the area above the proposed underground sprinkler/hydrant tanks and the proposed roof terrace, identifying the species of plants to be planted, their numbers and their mature heights. The landscape plan shall provide details including, but not limited to the following: (a) Soft landscaping treatments above the proposed underground sprinkler/hydrant tanks to the north-west of the subject apartment building; (b) The provision of screen planting along a 10m section of the proposed footpath to the approved fire stairs to the car park building adjacent to the


common property boundary with No.19 Elamang Avenue as marked in red on drawing number DA-01 Issue B, dated 21 August 2014; and (c) Details of planting to be provided within the roof terrace planters. The overall height of the planters and the planting shall not exceed 1.2m from floor level. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To ensure appropriate landscaping treatments and amenity protection for adjoining properties) Upgrade of Existing Building – Fire Spread and Safe Egress C2. Pursuant to Clause 94 of the EP&A Regulation 2000, aspects of the existing building must be brought into conformity with the Building Code of Australia (BCA). In this respect, the recommendations of Fire Safety Upgrade Report by Holmes Fire dated 20 October 2014 Version C must be carried out as part of the overall development. Plans and/or specifications showing the upgrading works which must be carried out under this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. Notes: 1) The Certifying Authority must be satisfied that the plans and specifications submitted prior to the issue of any Construction Certificate comply with the requirements of this condition. 2) The Certifying Authority issuing the Construction Certificate has no power to remove the requirements to upgrade the existing building as required by this condition. 3) Where this condition specifies compliance with the performance requirements of the BCA, the Certifying Authority, subject to their level of accreditation, may be satisfied as to such matters. (Reason: Application of Regulations relating to Fire and Life Safety) Location of Plant C10. All plant and equipment (including but not limited to air conditioning equipment) is to be located within the basement of the building and is not to be located on balconies or the roof, except the three (3) air conditioning units on the roof level as shown and highlighted on DA-03 Issue C dated 2 October 2014, drawn by Collard Maxwell Architects. Plans and specifications complying with this condition must be submitted to the Certifying Authority for Approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: Minimise impact on surrounding properties, improved visual appearance and amenity for locality) BASIX Certificate C12 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 the following BASIX Certificates are fulfilled.

Unit No.

BASIX Certificate No.

11 A194339_02


12 A194354_02 14 A194374_02 21 A194340_02 22 A194364_02 23 A194378_02 31 A194341_02 32 A194365_02 33 A194379_02 41 A194342_02 42 A194366_02 43 A194380_02 51 A194343_02 52 A194367_02 53 A194382_02 61 A194344_02 62 A194368_02 63 A194383_02 71 A194345_02 72 A194369_02 73 A194384_02 81 A194346_02 82 A194370_02 83 A194385_02 91 A194347_02 92 A194371_02 93 A194386_02 101 A194348_02 102 A194372_02 103 A194387_02 111 A194349_02 112 A194373_02 113 A194388_02

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) Excavation/Demolition F7. 1) All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards. 2) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property. 3) Demolition work must be undertaken in accordance with the provisions of AS2601- Demolition of Structures. (Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage) To insert the following conditions A5, C13, C14, C15, C16, and C17 so as to read: Terms of Consent (D94/14/2) A5. Approval is granted for the following works as shown on drawings numbered DA-03 Issue B, DA-09 Issue B, DA-12 Issue B, dated 12 August 2014, DA-02 Issue B, DA-04 Issue B, DA-05 Issue B, DA-06 Issue A, DA-07 Issue B, DA-08 Issue B, dated 20 August 2014, DA-01 Issue B, dated 21 August 2014, drawn by Collard Maxwell Architects, and received by Council on 25 August 2014: 1. Facade remediation works


(a) Increase the height of the living room windows of twenty-nine (29) apartment units to provide full height glazing with glazed balustrades (Juliette balconies). (b) Enlargement of the approved privacy screen to the kitchen windows on the north-western elevation. (c) Installation of ventilation louvres to the ground floor laundry on the north-eastern elevation 2. Fire safety upgrade works (a) Relocation of sprinkler/hydrant storage tanks primarily underneath an existing lawn area to the north-west of the apartment building. (b) Enclosure of an external stair at roof terrace level to achieve compliance with the BCA. (c) Modifications to Consent Condition C2 in relation to fire safety upgrade works. 3. Roof terrace and pergola (a) Increase the approved floor level (RL36.9) of the roof terrace by 510mm to RL37.41 to provide a BCA compliant structure. (b) Increase the height of the parapet walls by 510mm at the perimeter of the roof terrace because of the increase in the roof terrace floor level. (c) Reduction in the size of the approved pergola with increased setbacks from the roof parapet walls. (d) Modifications to Consent Condition C10 to allow the placement of three (3) air conditioning units on the roof level. No approval is given or implied in this consent for any other works, both internal and external, within the subject property. (Reason: To ensure the terms of the consent are clear.) Dilapidation Report Private Property (Excavation) C13. A full dilapidation survey and report on the visible and structural condition of all neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth. The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property. All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent. In the event that access for undertaking the dilapidation survey is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances. Note: This documentation is for record keeping purposes only, and may be used by the developer or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.


(Reason: To record the condition of property/ies prior to the commencement of construction) Structural Adequacy of Adjoining Properties – Excavation Works C14. A report prepared by an appropriately qualified and practising structural engineer detailing the structural adequacy of adjoining properties No 23 Elamang Avenue, Kirribilli, which certifies their ability to withstand the proposed excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times. (Reason: To ensure the protection and structural integrity of adjoining properties in close proximity during excavation works) Geotechnical Report C15. A report prepared by an appropriately qualified Geotechnical Engineer certifying that the existing rock formations and substrate on the site is capable of: a) withstanding the proposed loads to be imposed; b) withstanding the extent of the proposed excavation, including any recommendations for shoring works that may be required to ensure the stability of the excavation; c) providing protection and support of adjoining properties; and d) the provision of appropriate subsoil drainage during and upon completion of construction works must be submitted for approval by the Certifying Authority prior to the issue of any Construction Certificate. Recommendations made in the certified report must be complied with at all times. Building plans and specifications submitted for approval with any construction certificate application must comply with (a), (b), (c) and (d) above and the certified report, including any recommendations made in the said certified report. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the structural integrity of the subject site and adjoining sites during the excavation process) Air Conditioners in Residential Premises C16. The use of any air conditioner installed on the premises must comply with the requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not: (a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open); (i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or (ii) before 7.00am or after 10.00pm on any other day (b) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The


modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied. “affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals. “boundary” includes any window or elevated window of an affected residence. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity) Privacy C17. The following privacy devices are to be provided: a) A 1.8m high privacy screen shall be erected along a 10m section of a new footpath adjacent to the common property boundary with No.19 Elamang Avenue, as marked in red on drawing numbered DA-01 Issue B, dated 21 August 2014, in order to protect visual privacy for the residents of this adjoining property. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure an adequate level of privacy is provided to adjoining property located at No.19 Elamang Avenue, Kirribilli.)

12. IPP11: Alfred Street South, Milsons Point (V) - DA 234/14/1

Applicant: North Sydney Council Report of Tony Moody, Consultant Town Planner of Moody and Doyle Pty Ltd, 23 October, 2014 The proposal involves the demolition of the 2 remnant pylons of the partially demolished heritage listed neon sign and archway structure. The proposal also involves reconstruction of the archway structure and illuminated sign, closely based on its original design. The proposed sign is to be illuminated during the period of 7:00am to 10:00pm. Soft landscaping is proposed at the base of the proposed pylons. The proposal is within the road reserve with the proposed pylons being located on opposite sides of the street and the proposed sign extending across the roadway of Alfred Street South. This application is reported to North Sydney Independent Planning Panel for determination as the Applicant is North Sydney Council and the land owner is North Sydney Council. It is considered that there should be an independent assessment and determination by the North Sydney Independent Planning Panel. Notification of the proposal has attracted 1 submission raising concerns relating to view loss and loss of market value. The assessment has considered these concerns as well as the performance of the application against Council’s Planning Controls.


Following this assessment, the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. DA 234/14 for demolition of two (2) remnant support pylons of the partially demolished heritage listed Luna Park/North Sydney Council sign and archway and reconstruction of the archway over Alfred Street with new internally illuminated lettering to operate during the period of 7:00am to 10:00pm subject to the attached standard conditions and following Site Specific conditions and Standard Conditions; Heritage A4. Provision of interpretation on-site to explain the history of the structure and the fact of its reconstruction (such interpretation could be an interpretive sign adjacent to the archway). An interpretation panel is to be prepared and installed in the vicinity of the reconstructed sign, with the final wording and location to be to the satisfaction of Council’s Conservation Planner, or other suitably qualified heritage consultant. (Reason: To ensure public knowledge of the past heritage history of the archway) Lighting - Hours of Illumination A5. The proposed lights shall be limited to the hours of 7:00am to 10:00pm 7 days a week. The sign is to be fitted with an automatic timing device to ensure compliance with the illumination hours. The proposed lights shall not constitute “chasing lights” (flashing sequentially on and off) to protect the amenity of adjoining properties. (Reason: To protect the amenity of adjoining properties) Control of signage A6. The proposed sign must not have/use; • Flashing lights. • Electronic changeable messages. • Moving parts or simulated movement. • Complex display that holds the driver attention beyond glance appreciation. • Display resembling traffic signs or signals, except as required under the Roads Act. • A method and level of illumination that distracts or dazzles. (Reason: To protect public safety by passing vehicles) Control of the obtrusive effects of Lighting C5. The illumination of the signage must comply at all times with the recommendations contained within the Lighting Impact Assessment prepared by Electrolight, dated 11 June 2014 and submitted with the development application. Certification from a suitably qualified lighting consultant or traffic engineer must be provided to the Certifying Authority that the proposed internal illumination will comply with the recommendations of the lighting report and the following:


NSW Department of Planning Transport Corridor Outdoor Advertising And Signage Guidelines, July 2007 ISBN 978-0-7347-5929-0 AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting proposed lights shall comply at all times with AS 4282-1997. The lights shall be dimmed (if required) to ensure compliance with the prescribed limits under AS 4282 - 1997. The Certifying Authority must be satisfied that the development will comply with the requirements of this condition prior to the issue of the relevant Construction Certificate. (Reason: To ensure adequate traffic safety and protect the amenity of adjoining owners) Heritage Architect to be commissioned C6. An appropriately qualified and experienced heritage architect must be commissioned to assist the design development, contract documentation and overseeing of construction works on the site for their duration by undertaking regular inspections of the works in progress and providing advice in relation to heritage matters. Written details of the engagement of the experienced heritage architect must be submitted to the Certifying Authority prior to the issue of any Construction Certificate. Note: if advice provided by the heritage architect is to the effect that works requiring development consent be carried out, such works would require an application under s96 of the Environmental Planning and Assessment Act 1979 or further development application. This condition, and any advice given by the heritage architect, should not be construed as authorising the carrying of development with/ otherwise than in accordance with the development consent. (Reason: To ensure that all matters relating to significant fabric and spaces are resolved and recorded using best practice for heritage conservation) Removal of Extra Fabric E12. Should any portion of the existing building, trees, or curtilage of the site which is indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith. No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary. (Reason: To ensure compliance with the terms of this development consent)

13. IPP12: 67 Union Street, McMahons Point (V) - DA131/14 Applicant: Garreth Elliot Report of David Hoy, Team Leader Assessments, 28 July 2014 This development application seeks Council’s approval for the use of a premises ground and lower ground level for a cafe to operate 6.30am to 4pm seven days and use of rear balcony for outdoor seating. Development consent is sought for the use of the premises as a cafe, on a retrospective basis, following the unauthorised commencement of use for this purpose, commencing in February 2014. The previous known use of the


premises was as a retail premises being for the purposes of a general shop. The shop was also previously used as a shop and deli. The application was placed on notification between 9 May 2014 and 23 May 2014 with adjoining property owners and the Union Precinct notified of the application. In response a total of twenty (20) submissions have been received including eleven (11) in support, seven (7) in objection and three (3) neutral. Issues raised in the submissions relate to noise, privacy and the ongoing management of the outdoor dining areas of the premises. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. A condition has been recommended to exclude the use of the deck for dining purposes owing the availability other areas within the premises and adjacent to the Union Street shop front for dining purposes and given the elevated nature of the deck and proximity of the deck to adjoining residential premises. A condition is also recommended to require the door to the deck to remain closed during operating hours. The proposed use of the premises for the purpose of a cafe & deli is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 131/14 for the use of premises as a cafe on land at 67 Union Street, McMahons Point, subject to the following site specific conditions and attached standard conditions. Use of rear balcony for dining purposes not permitted A3. No consent is granted or may be inferred for the use of the elevated timber landing and balcony area to the rear of the cafe premises for dining purposes associated with the use of the premises. The landing and balcony area may be used for general storage and access purposes only. (Reason: To protect amenity of adjacent residential premises) Privacy Screen to be provided to rear balcony C4. The privacy screen shown on the approved plans must be installed to the eastern and southern edges of the balcony 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. Hours of Operation I9. The hours of operation of the cafe are limited to the following: Internal Areas only Monday to Friday 6.30am to 4pm Saturday: 7.00am to 4pm Sunday: 8.00am to 4pm Upon expiry of the permitted hours: (a) all restaurant service (and entertainment) must immediately cease; (b) no person shall be permitted entry; and


(c) all customers on the premises must be required to leave within the following half hour. (Reason: To ensure that amenity of the surrounding locality is maintained and hours of operation are consistent with those in surrounding locality) Front window to be closed prior to 8am I10. The front window of the premises must remain closed prior to 8am on any day of the week. No coffee or food service may be conducted within the premises if the window is open prior to 8am. (Reason: To prevent noise impact from within the premises affecting adjoining & nearby residences) Rear doors to landing to remain closed I11. The ground floor rear (southern) doors to the cafe, must remain closed at all times during business hours, except as required for access to the toilet facilities. The door shall not be propped open during hours of operation. Appropriate measures shall be taken to ensure that the door is quiet in operation and does not “bang” excessively. (Reason: To protect the acoustic privacy of the adjoining properties) Trade Waste I12.Trade waste water must be disposed of in accordance with the permit requirements of Sydney Water Corporation Ltd, Wastewater Source Control Branch. (Reason:To ensure compliance with Sydney Water’s requirements and protect the environment) Waste Collection I13.Waste and recyclable material, generated by this premises, must not be collected between the hours of 10pm and 6am on any day. (Reason:To ensure the amenity of surrounding properties) Delivery Hours I14.No deliveries, loading or unloading associated with the premises are to take place between the hours of 10pm and 6am on any day. (Reason:To ensure the acoustic amenity of surrounding properties) Shop Premises Registration I5.The shop premises must be registered with Council and NSW Food Authority prior to commencement of operation of the approved activity. Shop Premises Registration must be maintained at all times. Note: a) Council registration forms can be found at http://www.northsydney.nsw.gov.au b)Notification is required to the NSW Food Authority under Standard 3.2.2 Division 2 Section 4 Notification. (see www.foodnotify.nsw.gov.au) (Reason:To ensure compliance with environmental health legislation) No Entertainment I6.This approval is for a restaurant/cafe only and does not authorise musical or other forms of entertainment. A separate development consent is required for any proposed entertainment. (Reason:Clarification of terms of this consent and ensure compliance with relevant legislation)

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 1 October 2014.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 1 OCTOBER

2014, AT 2.00PM.

PRESENT Chair: Jan Murrell in the Chair. Panel Members: Ian Pickles, Panel Member Francesca O’Brien, Panel Member Virginia Waller, Panel Member Staff: Geoff Mossemenear, Executive Assessment Planner Robyn Pearson, Team Leader, Peita Rose, Corporate Administration Support Officer (Minutes) Apologies: Nil. 1. Minutes of Previous Meeting The Minutes of the NSIPP Meeting of 3 September 2014 were confirmed following that meeting. 2. Declarations of Interest: Nil

NORTH SYDNEY INDEPENDENT PLANNING PANEL - 01/10/14 Page No 2


3. Business Items

ITEM 1

DA No:

261/14

ADDRESS:

11 Queens Avenue, McMahons Point

PROPOSAL:

Alterations and additions to dwelling including new attic with dormer windows to front and rear.

REPORT BY NAME:

Geoff Mossemenear Executive Planner

REASON FOR REFERRAL:

Small site with height variation

APPLICANT: Turpin Burton Architects

Public submissions No persons elected to speak at this meeting. Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel. Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No Jan Murrell X Virginia Waller X

Francesca O’Brien X Ian Pickles X

ITEM 2

DA No:

DA170/14

ADDRESS:

27 Carr Street, Waverton

PROPOSAL:

Skylight to Attic

REPORT BY NAME:

Kim Rothe, Senior Assessment Officer

REASON FOR NSIPP REFERRAL:

Extent of Variation to NSLEP 2013 Building Height control exceeds 10%

APPLICANT: Hom Te

Public submissions No persons elected to speak at this meeting.



Business Item Recommendations The Panel notes that the applicant requested that the matter be deferred for consideration at a future meeting. In the circumstances the item was not put to a vote.

ITEM 3

DA No:

DA214/14

ADDRESS:

41 Churchill Crescent, Cammeray

PROPOSAL:

Demolition of the existing single dwelling and the construction of an attached dual occupancy including garaging at street level.

REPORT BY NAME:

Luke Donovan, Senior Assessment Officer

REASON FOR NSIPP REFERRAL:

Variation to building height – greater than 10%

APPLICANT: Montpellier Properties Pty Ltd

Public submissions Suddhin Unn - Architect Business Item Recommendations The Council Officer’s Recommendation is endorsed by the Panel subject to the following amended conditions: Design Modifications C1. The following design modifications shall apply:

(a) The terraces adjacent to the side boundary with No. 43 at levels 2 and 3 shall be

replaced with a planter box for the length of the dining rooms. The sliding doors to the dining area facing the side boundary at levels 2 and 3 shall be replaced with windows.

(Panel Reason: To maintain reasonable privacy between properties while still

allowing solar access to the subject property) (b) The tandem garage shall be brought forward 500mm at the front boundary. The

double garage shall have a single operating door. The three columns to the sides of the garage doors shall be rendered to match the rest of the building. (Panel Reason: To provide modulation of garage structure at the street

frontage)



(c) The Nepean River Gravel Bed on the Roof Level shall be replaced with ground covers or small shrubs to a maximum height of 1 metre.

(Panel Reason: To clarify the terms of the consent)

Materials and Colours

C3. The vertical metal sheet cladding shall have a ribbon strip appearance with a

minimum centre to centre distance of 295mm. The colour of the metal cladding shall be compatible with surrounding bushland setting.

A schedule detailing the above must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.

The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate fully satisfy the requirements of this condition.

(Reason: To ensure that the materials are of appropriate quality and the colours

are compatible with the surrounding bushland) Voting was as follows: Unanimous Panel Member Yes No Panel Member Yes No

Jan Murrell X Virginia Waller X Francesca O’Brien X Ian Pickles X

The public meeting concluded at 2.15pm. The Panel Determination session commenced at 2.20pm. The Panel Determination session concluded at 3.15pm. Endorsed by Jan Murrell North Sydney Independent Planning Panel 1 October 2014

north sydney council...north sydney council . council chambers . 30 october 2014 . i wish to inform...

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