north sydney council reports€¦ · 05.03.2016, drawn by straightline studi o co, received by...

Item ____IPP07_______ - REPORTS -______07/09/2016_________

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

NSIPP MEETING HELD ON 07/09/2016

Attachments:

1. Site Plan 2. Architectural Plans

3. Clause 4.6 Variation

ADDRESS/WARD: 21 Benelong Road, Cremorne (T) APPLICATION No: DA 152/16 PROPOSAL: Alterations and additions to existing dwelling house including

new first floor addition, a doubl e garage on the lower ground level and associated landscaping works

PLANS REF: Drawing num bered SS15.006 Pa ge 13/17, Issue F, dated

05.03.2016, drawn by Straightline Studio Co, received by Council on 12 May 2016, and drawings numbered SS15.006 Pages 2/17, 10/17, 11/17, 12/17, 14/17, 15/17, 16/17, 17/17, all Issue F, all dated 25.07.2016, all drawn by Straightline Studio Co, received by Council on 27 July 2016

OWNER: Nathan and Brooke Timms APPLICANT: Straightline Studio AUTHOR: Robin Tse, Senior Assessment Officer DATE OF REPORT: 30 August 2016 DATE LODGED: 12 May 2016 RECOMMENDATION: Approval

Report of Robin Tse, Senior Assessment Officer Re: 21 Benelong Road, Cremorne

EXECUTIVE SUMMARY This development application seeks NSIPP approval for alterations and additions to an existing detached dwelling including a first floor addition, a double garage and associated landscaping. The application is referred to NSIPP 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 acco rdance w ith the directions from the NSW Department of Planning. Council’s notification of the developm ent application has attracted two subm issions raising concerns about the potential privacy loss, ove rshadowing and the appearance of the proposed addition. The proposal causes a breach of the building height limit of 8.5m so a Clause 4.6 statement was submitted that is justifiable because the building elem ents above the LEP m aximum building height are unlikely to have material impacts on the overall character of the locality and would not cause material amenity impacts for the adjoining properties in terms of view loss, overshadowing and loss of privacy. The issues raised in the subm issions have been addressed throughout the report including recommendation for the im position of site specifi c conditions to m aintain am enity f or the adjoining properties.

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.

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DESCRIPTION OF PROPOSAL The development application seeks NSIPP approval for alterations and additions to an existing detached dwelling at No. 21 Benelong Road, Cremorne. :

(a) Excavation works to lower the garage floor slab by 600mm to RL46.4 and the extension of the existing single garage/storage area to provide a double garage, a workshop and a bin storage area;

(b) Construction of a first floor addition to provide three bedrooms, an ensuite bathroom and a second bathroom with two dormer style roof lights on the south-western elevation;

(c) Internal alterations to the existing ground floor including demolition of existing internal partitioning walls to provide an open plan living and kitchen area, a walk in pantry, a laundry, a bathroom and a staircase to the lower and upper levels and the retention of the ground floor lounge room;

(d) A new covered alfresco area off the gr ound floor dining room /kitchen on the south-western and south-eastern (rear) elevations, a new ground floor balcony off the lounge room above the extended garage structure and a new first floor balcony off bedroom 1 on the north-western (front) elevation;

(e) Landscaping works including new planting within the front and rear setback areas and the removal of an existing jacaranda tree within the front garden;

(f) New fencing along Benelong Road; and (g) A new driveway within the front setback and a new footpath crossing.

Figure 1 – Proposed Development – Benelong Road (SW) elevation

Covered Alfresco Area

First Floor Bedroom Balcony

Ground Floor Lounge Room Balcony

Rooflights


Figures 2 & 3 – Proposed Development – Front (NW) and Rear (SE) Elevations

Figure 4 – Proposed Development - (SE elevation to No.23 Benelong Rd)

STATUTORY CONTROLS North Sydney LEP 2013

Zoning – R2 Low Density Residential Item of Heritage – No In Vicinity of Item of Heritage – No Conservation Area – No FSBL – No

Environmental Planning & Assessment Act 1979 SEPP 55 – Remediation of Land SEPP (Building Sustainability Index - BASIX) 2004 SREP (Sydney Harbour Catchment) 2005 Foreshore Development – No Local Development

No.23 Benelong Road

No.23 Benelong Road


POLICY CONTROLS North Sydney DCP 2013 DESCRIPTION OF LOCALITY The subject site is located on the southern side of Benelong Road between Brightmore Lane and Brightmore Street. The site is triangular in shape with a full frontage on the south-western boundary to Benelong Road of 40.54m and total site area of 361m 2. The land slopes upward towards the rear property boundary with a rise of approximately 4.1 metres. Currently on the site is a single storey detached dwelling with a single garage on the lower ground level. The dwelling has a variable front setback from Benelong Road due to the shape of the property and the alignment of the road. To the east of the subject site there is a two storey detached dwelling at No. 23 Benelong Road. There are three properties on the southern (high) side of the subject site, all occupied by two storey detached dwellings, at No’s 2, 4 and 6 Brightmore Street. The wider locality surrounding the subject site is characterised by a mix of free standing 1 – 2 storey dwellings as well as lower scale apartments and duplex developments.

Figure 5 – Subject site as view from Benelong Road


Figure 6 – The Locality RELEVANT HISTORY A search of Council’s records has revealed the following relevant development history for the subject site.

26 February 2016 – Development Application (D47/16) for alterations and additions to an existing detached dwelling was returned to the applicant due to insuf ficient information.

12 May 2016 – The subject Development Application (D152/16) proposing alterations and additions to the existing dwelling including a first floor addition and a double garage on the lower ground level was lodged with Council.

19 May 2016 – A letter was sent to the applicant requesting additional inf ormation including amended shadow diagrams, a clause 4.6 submission seeking a variation to LEP development standard, site coverage/unbuilt upon area/landscaped area com pliance diagram and excavation details.

27 May – 10 June 2016 - The subject application was notified to the Brightm ore Precinct and adjoining properties for a 14 day period.

1 June 2016 – The applicant submitted some of the requested information including site coverage calculations and amended shadow diagrams.

6 June 2016 – The applicant subm itted a written Clause 4.6 subm ission seeking a variation to LEP maximum building height standard.

Subject Site 23 Benelong Rd

Nos 2, 4, 6 Brightmore St


15 July 2016 – The applicant was requested to provide further engineering details about the proposed footpath crossing.

21 July 2016 – A meeting was held with the applicant and the property owners. 27 July 2016 – The applicant subm itted amended plans and additional inf ormation

including front fencing, engineering and the proposed means of privacy protection. 4 – 19 August 2016 – The submitters were notified the amended plans and additional

information. REFERRALS Building The application has not been assessed in respect of the Building Code of Australia however a condition requiring com pliance with the BCA has been recom mended for im position. Furthermore, should significant changes be necessary to facilitate the release of a Construction Certificate, a S96 modification may be necessary. Engineering The application was referred to Council’s Development Engineer who raised no objection to the proposed developm ent on engineering grounds subject to the im position of appropriate conditions. Landscaping The application was referred to Council’s De velopment Landscape Officer who raised no objection to the proposed developm ent, including the rem oval of an existing jacaranda tree within the front garden, subject to conditions requiring a replacement tree adjacent to the western (Benelong Road) boundary to be planted to maintain the landscape quality of the subject site and the streetscape generally. SUBMISSIONS The owners of adjoining properties and the Brightmore Precinct were notified of the proposed development for a 14 day period between 27 May and 10 June 2016. The notification resulted in two (2) submissions as summarised below. Details of Submission Request for a suitable replacement tree within the front setback. Concerns were raised about potential visual privacy im pacts for a kitchen window and the

backyard of the adjoining property to the north-east. The submitter requested the following: (a) Visual privacy protection device(s) on the proposed lounge room balcony to ensure visual

privacy for a first floor kitchen window of the adjoining property. (b) Privacy screening for the first floor window on the NE elevation of the new addition and/or

screen planting to provide visual privacy protection for the adjoining property. Council should ensure that the design of the proposed driveway complies with the DCP

requirements.


Concerns about potential overshadowing of the adjoining property to the south-east of the subject site.

Improvements to the design of the south-eastern (rear) wall of the first floor addition to provide visual interest.

The submitters were notified about the submission of amended plans and additional information between 4 and 19 August 2016. Whilst no further written submissions were received by Council, a submitter contacted the assessing officer reiterating verbally the concerns raised in the original submission. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: SEPP 55 - Remediation of Land The subject site has been considered in light of the above SEPP and the Contam inated Lands Management Act and it is considered that given the site has been used for residential purposes for many years, so contamination is unlikely. SREP (Sydney Harbour Catchment) 2005 The site falls within the Sydney Harbour Catchment Area that requires consideration under the provisions of the above Policy. Clause 25 of the SREP outlines m atters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways. The development is not visible from Sydney Harbour, and will thus not have any detrimental impact on the character or scenic quality of foreshores and waterways. NORTH SYDNEY LEP 2013

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 361m²

Proposed Control Complies

Clause 4.3 – Heights of Building (max)

9.4m (Roof ridge)

8.5m No – Clause 4.6 variation

submitted 1. Permissibility within the zone The site is zoned R2 (Low Density Residential) under the provisions of the North Sydney Local Environmental Plan 2013 (NSLEP 2013). Devel opment for alterations and additions to a dwelling house within a R2 zone is permissible form of development with development consent from Council.


2. Residential Zone Objectives Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular objectives of the R2 Low Density Residential zone which are:

“(a) To provide for the housing needs of the community within a low density residential environment.

(b) To enable other land uses that provide facilities or services to meet the day to day needs of residents.

(c) To encourage development of sites for low density housing, including dual occupancies, if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area.

(c1) To ensure that a high level of residential amenity is achieved and maintained.” The proposed development will continue to provide low density residential accommodation and will improve the amenity for the residents of the dwelling without causing material impacts to any properties and/or the streetscape. As such, the development generally satisfies the objectives of the zone. 4. Building Heights The maximum building height for the subject site is 8.5m pursuant to Clause 4.3 of NSLEP 2013. The m aximum building height of the propos ed first floor addition at 9.4m above the natural ground level would breach the LEP m aximum building height standard by 900m m as illustrated in Figure 7 below.

Figure 7 – North-eastern elevation – LEP Max. Building Height The applicant has subm itted a written request s eeking a variation to the building height development standard in accordance with Clause 4.6 of NSLEP 2013. The applicant’s submission has considered the L&E Court’s decision in Four2Five Pty Ltd vs Ashfield Council [2015] NSWLEC 90 in order to justify the proposed variation. 5. Clause 4.6 Exceptions to Development Standards

Natural Ground Level

8.5m Max. Building Height

Front

Rear


Consideration has been given to the applicant’s Clause 4.6 submission as well as the following objectives of the building height control:

(1)(a) To promote development that conforms to and reflects natural landforms, by stepping development on sloping la nd to follow the natural gradient – Further excavation works are proposed to lower the floor slab of the lower ground level to provide a level driveway to the double garage and the need to level the front setback to the road reserve. The design of the proposal generally respects the existing landform with the new first floor add ition setback from the ground floor front building line to create a “stepped” built form in response to the topography of the subject site.

(1)(b) To promote the retention and, if appropriate, sharing of existing views - The

building elem ents in breach of the LEP building height lim it, being the upper northern section of the roof of the proposed first floor addition, would cause some obstruction to the view to the sky from Benelong Road and the adjoining properties on the northern side of the road. Howeve r, there are no iconic and/or significant views towards the subject site from these properties.

It is noted that the rear (south-eastern) elevation of the proposed addition is likely to cause some obstructions to the views currently enjoyed by the adjoining properties to the south-east at No’s 2 to 6 Brightmore Street. However the rear elevation of the proposed addition com plies with the LEP maximum building height of 8.5m as illustrated in Figure 7 above. Further discussion on the potential view impacts of this complying building element will be provided later in this report.

Therefore, the building elem ent in breach of the LEP m aximum building height

would have no m aterial im pacts on signi ficant views currently enjoyed by the surrounding properties and the public domain.

(1)(c) To maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access to future development An examination of the shadow diagrams submitted with the application has revealed

that the additional shadow caused by the proposed addition would generally fall on Benelong Road and the south-western side building setback area between 9am and 12noon in mid winter.

There would be som e overshadowing of rear setback areas of No’s 4 and 6 Brigthmore Street from 12noon and 3pm in mid winter, however, these outdoor areas would receive more than the required three hours of sunlight in m id winter. The indoor area of No’s 4 and 6 Brightmore Street would receive more than 4 hours of sunlight between 9am and 3pm in mid winter.


Figures 8 – 10 : Mid winter shadow diagrams

It is considered that there would be no material overshadowing of the adjoining properties as the result of the non-com pliance with the LEP m aximum building height limit.

(1)(d) To maintain privacy for residents of existing dwelling and to promote privacy for

residents of new buildings – The building elem ents above the LEP m aximum building height limit, being the upper section of the roof of the proposed first floor addition, does not contain any openings. Therefore, there would be no visual and/or acoustic privacy impacts as the result of the non-compliance.

3pm

6 Brightmore St

4 Brightmore St

2 Brightmore St

9am

6 Brightmore St

12 noon

4 Brightmore St

2 Brightmore St

6 Brightmore St

4 Brightmore St

2 Brightmore St


(1)(e) To ensure compatibility between development, particularly at zone boundaries (1)(f) To encourage an appropriate scale an d density of development that is in

accordance with, and promotes the character of the area

The design of the proposed developm ent generally reflects the topography of the subject site which rises towards the r ear boundary with the first floor addition setback from the front building line. The proposed addition has a pitched roof form and is generally consistent with the characteristic height, bulk, scale and built form of properties within the locality.

Conclusion

It is concluded that the building elem ent above the LEP building height lim it would have no material impact on neighbouring properties and the locality in terms of the built forms within the locality and the am enity of adjoining properties. This is also generally consistent with the findings of the applicant’s subm ission seeking a variation to the developm ent standard as outlined earlier in this report. It is therefore considered that there are sufficient environmental planning grounds to justify the proposed non-compliance with the LEP building height developm ent standard as outlined in Clause 4.6(3)(b) of the LEP. In addition, the applicant’s submission has adequately addressed the matters relating to Clause 4.6(3) of the LEP and a variation to the development for the proposed development will be in the public interest in accordance with Clause 4.6(4) of the LEP. Having regard to the above, the request under Clause 4.6 of NSLEP 2013 seeking a variation to the LEP building height control is considered well-founded and strict com pliance with the standards is unnecessary. Earthworks The proposed developm ent would involve som e excavation around the existing building footprint to facilitate the construction of the ground level of the proposed dwelling. The proposal has been assessed against the provisions of Clause 6.10(3) in NSLEP 2013 and is unlikely to cause disruptions or detrim ental ef fects on drainage patterns, soil stability and vegetation because the proposed excavation works would involve the removal of materials under the existing building for the proposed double garage as well as excavation within the rear setback area to provide a flat lawn area off the proposed alfresco area at the rear of the dwelling. However, the proposed excavation works at th e rear setback would be extended up to the property boundaries with No.23 Benelong Road and No’s 2 - 6 Brightmore Street without any setbacks. This is considered to be undesira ble given the potential impacts on the established planting along the boundaries of these adjoini ng properties. A condition is therefore recommended requiring the excavation to be setback from the property boundaries (i.e. No 23 Benelong Road and No’s 2 - 6 Brightmore Street) by one (1) metre to minimise impacts on the adjoining properties (see Condition C4).


In addition, the stormwater concept plan has been assessed by Council’s Development Engineer and found to be acceptable. Furtherm ore, a ppropriate conditions have been recom mended requiring the submission of dilapidation reports for the adjoining and a geotechnical report prior to the issue of a Construction Certificate (see Conditions C7, and C9). The proposed excavation work is unlikely to cause adverse impacts upon the am enity of the adjoining properties during the construction phase of the proposed developm ent with the recommendation for the imposition of a site specific condition requiring the excavation works to be setback from the boundaries of the adjoining properties by 1m (Condition C4) and other standard conditions of consent relating to construction hours, air quality, noise/vibration, health and safety (see Conditions E8, E9, E14, E18). NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments 1.2 Social Amenity Population Mix Maintaining Residential Accommodation Affordable Housing Housing for Seniors/Persons with disability

Yes The proposal would not alter the existing mixture of population, the level of residential accommodation including affordable housing, seniors living and housing for people with disabilities.

1.3 Environmental Criteria Topography Yes The proposal generally respects the topography of the subject site. The proposed

excavation works to lower the floor slab of the garage would be carried out primary within the existing building footprint. The proposed excavation works within the rear setback would not exceed 1m in depth. Furthermore, the proposal would not alter the general landform of the subject site with a rise of ground level towards the rear (south-eastern) boundary.

Solar Access Yes As detailed earlier in this report, th e additional shadow caused by the proposed addition would generally fall on Benelong Road and the side setback area between 9am and 12noon in mid winter. In addition, There would be overshadowing of rear setback areas of No’s 4 and 6 Brightmore Street from 12noon and 3pm in mid winter, however, these outdoor areas would receive more than the required three hours of sunlight in mid winter. The indoor area of No’s 4 and 6 Brightmore Street would receive more than 4 hours of sunlight in mid winter. Therefore the proposal would have no material shadowing impact on the adjoining properties.

Views Yes The rear (south-eastern) elevation of the proposed first floor addition would cause some obstructions to the northerly district views including buildings, vegetation and the sky line currently enjoy ed by the north facing windows of the adjoining properties at the rear to the south-east particularly No 6 Brightmore Street. It should be noted however that the southern end of the first floor addition complies with the LEP height limit because of the landform of the subject site which slopes upwards towards the rear (south-eastern) boundary. Furthermore, the views from No.6 Brightmore Street towards the nor th and north-west would generally be retained as indicated from the view analysis below:


Figure 11 – View analysis for No.6 Brightmore Street

Visual Privacy Yes

The applicant has proposed the following measures to protect the visual privacy of the adjoining properties at No.23 Benelong Road and No’s 4 & 6 Brightmore Street:

(a) The installation of planters on the north-eastern edge of the proposed front balcony adjacent to No.23 Benelong Road to provide visual privacy for this adjoining property;

(b) No new openings on the rear (south-eastern) elevation of the proposed first floor addition to provide visual privacy for the adjoining properties at No’s 4 and 6 Brightmore Street; and

(c) The proposed ground floor alfresco area off the meals/kitchen area would be located on lower ground level with visual privacy protection provided by the new retaining walls, boundary fencing and planting.

In addition, the following is recommended to provide additional visual privacy for the residents of No.23 Benelong Road:

(a) Additional screen planting including a replacement tree within the front setback and taller screen planting is proposed along the property boundary with No.23 Benelong Road as part of the landscape plan requirement (see Condition C3); and

(b) Frosted glazing to be applied on the lower pane of all first floor windows on the north-eastern elevation of the proposed addition (see Condition C2).

Acoustic Privacy Yes The proposed ground floor alfresco area off the meals/kitchen area at the rear is

unlikely to cause an unacceptable level of noise nuisance for the Brightmore Street properties becaus e its location on the lower s ide of the land with No’s 2-6 Brightmore Street with protection fro m the retaining walls and the boundary fencing. Furthermore, the ground and first floor balconies on the front (north-western) elevation are unlikely to res ult in exces sive nois e nuis ance for the adjoining property at No.23 Benelong Road because the balconies are off a ground floor lounge room and a first floor bedroom and are unlikely to be used for entertaining within the front setback. In addition, the bedroom window on the south-western elevation of No.23 Benelong Road is located on a lower level and the glazing of the kitchen window on the upper level adjacent to the proposed front balcony is primarily fixed with a small glass louvre.

Subject Site

6 Brightmore St


1.4 Quality built form Context Yes The proposal is generally consistent with the context of the locality containing a

mix of development types including detached dwellings and a number of apartment buildings nearby . The design of the proposed addition is responsive to the topography of the site which slopes upwards towards the rear (high side) of the property.

Streetscape Yes (via

condition)

The applicant was referred to Council’s Development Engineer who raised no objection to the proposed developm ent subject to the im position of appropriate engineering conditions.

Subdivision Pattern Yes The proposed development would not alte r the subdivision pattern of the subject site and the surrounding properties.

Siting Yes The siting of the existing dwelling is rather unique with a variable front setback due to the triangular shape of the property and the alignment of Benelong Road. The proposed works would not significantly alter the siting and orientation of dwelling.

Setback - Front Yes The DCP character s tatement identifies a characteristic front setback of 3m . As mentioned earlier in this report, the subject site is triangular in shape with a variable front setbacks from Benelong Road. The proposal is considered to be acceptable under the site circum stance as it would not significantly alter the siting of the subject dwelling and a variable front setback would be maintained.

Setback – Side No (acceptable on merit)

The sloping landform and the triangular shape of the subject site has resulted in a variable side boundary setback along the front (south-western) elevation facing Benelong Road as detailed in the compliance table below.

Elevation

Existing Proposed Control Complies

Lower Ground Flr (Garage) - NE Elevation - SW Elevation

900mm 500mm

900mm 900mm

900mm 900mm

YES YES

Ground Flr - NE Elevation - SW Elevation

900mm

500mm – 8m

1.1m

1m – 8m

900mm -

1.5m*

NO NO

First Floor - NE Elevation - SW Elevation

N/A N/A

1.1m

1m – 8m

1.5m - 2.5m*

NO NO

* Increased side boundary setbacks apply to the south-eastern side of the proposed dwelling due to the increase in the building height resulting from the landform with the land rises towards the rear boundary as illustrated below.

Figure 12 – Building heights on the north-eastern elevation of the proposed development

7m

4m

8.5m

Natural ground level


Consideration has been given to the DCP’s setback objectives: (a) Reinforce characteristic pattern of setbacks and building orientation – The

proposed first floor addition would reinforce the character and landform of the subject site with a further setback from the front building line to provide a stepped built form . Furtherm ore, the side setbacks and building orientation of the existing dwelling would generally be maintained.

(b) Control bulk & scale – The proposed front elevation would present as a three storey dwelling because of the topography of the sloping site. The first floor addition would be setback from the front building line and would generally comply with the LEP maximum building height lim it with the exception of the northern end of the roof structure as shown on Figure 12 above.

(c) Provide separation of buildings – The proposed side boundary setbacks would generally be consistent with those of the existing detached dwelling as detailed in the compliance table above.

(d) Preserve amen ity of adjoining properties – As indicated earlier in this report, there would be no material impacts on the amenity of the adjoining properties, such as solar access, visual/acoustic privacy and view loss.

Having regard to the above objectives, the proposed side setbacks are considered to be acceptable.

Setback - Rear No (acceptable on merit)

The existing dwelling provides a rear boundary setback of 5m which is inconsistent with the characteristic rear setback of 10m within the Benelong Neighbourhood in the DCP character statement. It is noted that the subject property has an unusual variable front setback and a reduced rear setback due to the alignm ent of Benelong Road and the triangular shape of the allotment. The proposed ground floor covered alfresco area would reduce the rear boundary setback from 5m to 4m but this non-compliance this considered to be acceptable because of the reduction of the rear setback by 1m would have no adverse impact on the overall separation of the subject dwelling and the adjoining properties. Furthermore, the alfresco area would be an open structure and not highly visible from the public domain and there would be no material impacts on the amenity of the adjoining properties.

Form Massing Scale Built Form Character

Yes (via

condition)

The subject site is located within a locality with a mix of residential developments including single dwelling and apartment buildings. The properties on the southern side of Benelong Road are primarily detached dwellings whilst there are a number of apartment buildings on the opposite (northern/western) side of Benelong Road. The proposed first floor addition would be setback from the front building line to provide a “stepped” built form to reflect the topography of the land which slopes upwards towards the rear boundary . The rear section of the dwelling would maintain a two storey form with pitche d roof which is consistent with the characteristic roof form within the locality. The proposed dormer style roof lights on the south-western elevation are considered to be excessive and would add bulk a nd scale to the roof. A condition is recommended requiring the replacement of the dormers by skylights to minimise bulk/scale and preservation of streetscape (see Condition C1).

Figure 13 – Proposed south-western elevation

Dormer style rooflights


Therefore, no objection is raised to the built from character, bulk and scale of the proposed subject to the imposition of a condition requiring design modifications to provide skylights on the south-western elevation.

Dwelling Entry Yes The existing dwelling entrance on the s outh-western elevation would be retained with the construction of a new porch to provide weather protection for the entrance and a stronger sense of address for the dwelling.

Roofs Yes The applicant has proposed a pitched r oof and would be consistent with the characteristic roof form within the locality.

Colours & Materials Yes (via

condition)

A standard condition is recommended requi ring the submission of a schedule of materials and colours to ensure compatibility with those applied within the locality.

Front Fence Yes (via

condition)

The applicant has proposed fencing along Benelong Road boundary with a height of 1.2m forward of the front building line and stepped fencing with variable heights behind the front building line. The design of the fencing, consists of a masonry base with brick and timber infill panel, is considered to be acceptable and would be generally consistent with DCP requirements. A condition is recommended requiring 50% transparency for the timber infill panels to maintain transparency of the front and s ide garden as well as an increased height of 1.8m behind the front building line to the rear boundary (see Condition C5).

1.5 Quality Urban Environment Parking and Vehicle Access

Yes The proposal includes a double garage and a new driveway crossing opposite to No.38 Benelong Road. The proposal involves the relocation of driveway towards the northern end of the subject site with the construction of a new driveway crossing adjacent to No.23 Benelong Road. The proposal complies with DCP parking requirement and Council’s Development Engineer has raised no objection subj ect to the imposition of appropriate engineering conditions.

Site Coverage Unbuilt Upon Area Landscaped Area

Yes The proposal would be carried out generally within the existing building footprint. The existing and proposed site cove rage, unbuilt upon area and landscaped area within the subject site are detailed below:

Site Area: 361sqm

Existing Proposed

Complies

Site coverage (Max 50%)

130sqm (36%)

172sqm (48%)

YES

Unbuilt Upon Area (Max 20%)

12sqm (3%)

43sqm (12%)

YES

Landscaped Area (Min 30%)

218sqm (61%)

145qm (40%)

YES

Whilst there would be an increase site coverage and unbuilt upon area within site, the proposal still complies with the relevant DCP requirements.

Landscaping Yes (via

condition)

Soft landscaping is currently provided within the front and rear setback area. The applicant has provided a landscape plan indicating new planting along the property boundary with No.23 Benelong Road and planting along the street frontage. Council’s Development Landscape Officer was consulted who raised no objection to the proposed landscaping subject to the imposition of a condition requiring the submission of a further landscape plan including :

(a) The provision of a new planter with planting bed (6m long and 750mm wide) from the front building line between the proposed driveway and the Benelong Road boundary fence to pr ovide additional soft landscaping within the front setback area;

(b) The provision of a replacement tree within the new planter; (c) The provision of taller screen planting adjacent to the first floor kitchen

window of No.23 Benelong Road; and


(d) Screen planting along the side (south-western) setback area to soften the built form of the proposed development (see Condition C3).

Figure 14 – Additional Landscaping Treatments

Excavation Yes

(via condition)

As m entioned earlier in this report, a condition is recommended requiring the proposed excavation works within the rear setback to provide a one (1) metre setback from the rear property boundary to minimise the impacts on the adjoining properties (see Condition C4).

Garbage Storage Yes (via

condition)

A standard condition is recommended requiring the provision of adequate storage for garbage and recy cling m aterials in accordance with the relevant Council requirements.

1.6 Efficient Use of Resources Energy Efficiency Yes The applicant has subm itted a BASIX Certificate to ensure com pliance with the

energy efficiency requirements.

North Cremorne Planning Area (Benelong and Northern Foreshore Neighbourhoods) The proposal is generally consistent with Part C of NSDCP 2013 in particular Section 5 of the Character Statement for North Crem orne Pl anning Area and Section 5.4 for Benelong and Northern Foreshore Neighbourhoods. The proposal is consistent with Section 5.4.2 of the Character Statem ent which outlines the desired future character within the neighbour hood comprising primarily low density housing. The proposed first floor addition also provides a characteristic low pitch roof. The proposal, as amended by conditions of consent, does not detract from the character of the locality. Suitability of the Site

The proposal, with appropriate conditions, is c onsidered to be suitable developm ent for the subject site because its design is in keeping with the character of the locality with no material impacts on the amenity of the adjoining properties.

Kitchen window on NW elevation of 23 Benelong Rd Additional Screen planting

Additional planter bed with replacement tree


Public Interest

The proposal is considered to be satisfactory and the approval of the application would not be contrary to the public interest. ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision Yes 5. Traffic generation and Carparking provision Yes 6. Loading and Servicing facilities NA 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 SUNBMITTER’S CONCERNS The issues raised in the submissions received are addressed as follows

Provision of a suitable replacement tree for the removal of the existing jacaranda tree within the front garden to provide screening and privacy protection.

Comment: A condition has been recommended requiring additional screen planting including a replacement tree within the front setback and taller screen planting along the property boundary with No.23 Benelong Road as part of the landscape plan requirements (see Condition C3).

Request for visual privacy protection devices to ensure visual privacy for the adjoining property to the north-east.


Comment: The applicant has proposed the installation of planters on the north-western edge of the proposed front balcony adjacent to No.23 Benelong Road to provide visual privacy for this adjoining property. In addition, it is recommended that additional screen planting and a replacement tree be provided within the front setback to minimise overlooking into No.23 Benelong Road (see Condition C3); and frosted glazing to be applied on the lower pane of all first floor windows on the north-eastern elevation of the proposed addition (see Condition C2).

Concerns about potential overshadowing of the adjoining property to the south-east of the subject site.

Comment: Consideration has been given to the shadow di agrams submitted with the application. There would be some overshadowing of rear setback ar eas of No’s 4 and 6 Brigthm ore Street from 12noon and 3pm in m id winter, however, these out door areas would receive m ore than the required three hours of sunlight in m id winter. The indoor area of No’s 4 and 6 Brightm ore Street would receive more than 4 hours of sunlight between 9am and 3pm in mid winter.

Improvements to the design of the south-eastern (rear) wall of the first floor addition to provide visual interest.

Comment: The applicant has subm itted amended plans inco rporating a timber panel on the rear (south-eastern) elevation of the proposed first floor addition to enhance the appearance of this structure as seen from the adjoining property.

Figure 15 – South-eastern Elevation and the Location of the Timber Panel

Council should ensure that the design of the proposed driveway complies with the DCP requirements.

Proposed Timber Panel


Comment: The applicant was referred to Council’s Development Engineer who raised no objection to the proposed driveway on engineering grounds subject to the imposition of appropriate conditions. CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013 and North Sydney Development Control Plan 2013 and was found to be satisfactory. The variation to the building height developm ent standard is justifiable because the building element above the LEP maximum building height is unlikely to have an impact on the character of the locality and would not cause material amenity impacts for the adjoining properties in terms of view loss, overshadowing and loss of privacy. Site specific conditions have also been recommended to maintain the amenity of the adjoining properties and the locality. The issues raised in the submissions received have also been addressed in the report.

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. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVI RONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Pane l, as the consent authority, assum e the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to exceptions to the development standard for building height, and grant consent to Development Application D152/16 for alterations and addition to an existing detached dwelling on land at No. 23 Benelong Road, Cremorne subject to the attached standard conditions and the following site specific condition.

Dormer Rooflights

C1. The proposed dormer rooflights on the south-western elevation must be deleted and replaced by two skylights each measuring 1m (width) by 500mm (height) to minimise the bulk and scale of the proposed first floor addition.

The Certifying Authority must ensure that the building plans and specifications

submitted by the Applicant, referenced and accom panying the issued Construction Certificate, fully satisfy the requirement of this condition.

(Reason: To minimise the bulk and scal e of the proposed first floor addition

and to maintain the streetscape)


Privacy Protection

C2. Frosted glazing or equivalent must be applied to the lower panes of all windows on the north-eastern elevation of the proposed first floor addition to protect the visual privacy of the adjoining property at No.23 Benelong Road.



(Reason: To protect visual privacy of the adjoining property)

Landscape Plan

C3. The applicant shall submit a revised landscape plan for the subject site, based on

drawing numbered SS15.006 Page 3/17 Issue F, dated 25.07.2016, and prepared by Straightline Studio Co, for the entire property identifying the species of plants to be planted, their num bers and their m ature heights to ensure appropriate landscaping treatments within the subject property.

The landscape plan must include, but not limited to, the following:

(a) The provision of planter with suitable planting bed (6m long and 750m m wide) from the front building line be tween the proposed driveway and the Benelong Road boundary fence to provide additional soft landscaping within the front setback area;

(b) The planting of a replacement tree (Manchurian Pear Pyrus ussuriensis) (100 litre pot size) within the above new pl anter bed to provide screening and visual privacy protection for the adjoining property at No. 23 Benelong Road as marked in red on the approved plans;

(c) The planting of 3 x Syzygium australe 'AATS' PBR Pinnacle on the planter bed adjacent to the first floor kitchen window on the south-western elevation of No.23 Benelong Road as marked in red on the approved plans ; and

(d) The provision of screen planting (up to 5m in height) along the Benelong Road boundary to soften the proposed development.

The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accom panying the issued Construction Certificate, fully satisfy the requirement of this condition.

(Reason: To provide adequate landscaping for the subject site and to protect

the amenity of the adjoining property)

Excavation Works at the Rear

C4. The excavation works within the rear setback area m ust provide a m inimum setback of 1m from all property boundaries to m inimise the im pacts on the adjoining properties.




(Reason: To minimise impacts on the adjoining properties)

Fencing along Benelong Road

C5. The timber infill panel of the proposed fencing along Benelong Road must be no

more than 50% solid construction to ensure adequate level of transparency and minimise visual dominance on the streetscape. The fence must be no higher than 1.8m from the existing ground level from the front building line to the rear boundary with No.2 Brightmore Street.



(Reason: To ensure adequate level of transparency and m inimise visual

dominance on the streetscape) Robin Tse Robyn Pearson SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS Stephen Beattie MANAGER DEVELOPMENT SERVICES

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

21 BENELONG ROAD, CREMORNE DEVELOPMENT APPLICATION NO. 152/16

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where am ended by the following conditions of this consent.

Plan No. Page Issue Date Drawn by Received

SS15.006 2/17 F 25.07.2016 Straightline Studio Co 27 July 2016 SS15.006 10/17 F 25.07.2016 Straightline Studio Co 27 July 2016 SS15.006 11/17 F 25.07.2016 Straightline Studio Co 27 July 2016 SS15.006 12/17 F 25.07.2016 Straightline Studio Co 27 July 2016 SS15.006 13/17 F 05.03.2016 Straightline Studio Co 12 May 2016 SS15.006 14/17 F 25.07.2016 Straightline Studio Co 27 July 2016 SS15.006 15/17 F 25.07.2016 Straightline Studio Co 27 July 2016 SS15.006 16/17 F 25.07.2016 Straightline Studio Co 27 July 2016 SS15.006 17/17 F 25.07.2016 Straightline Studio Co 27 July 2016

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

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stam ped approved plans, sp ecifications and docum ents (including the

plans, specif ications and docum ents subm itted and approved with the Construction Certificate) must be kept on site at all tim es so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.

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

accordance with the determ ination of Council, Public Inform ation and to ensure ongoing compliance)

ATTACHMENT TO IPP07 - 07/09/2016

21 BENELONG ROAD, CREMORNE DEVELOPMENT APPLICATION NO. 152/16 Page 2 of 28

September 2013 v1

No Demolition of Extra Fabric A3. Alterations to, and dem olition of the exis ting building shall be lim ited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Dormer Rooflights

C1. The proposed dorm er rooflights on the south- western elevation m ust be deleted and

replace by two skylights each m easuring 1m (width) by 500m m (height) to m inimise the bulk and scale of the proposed first floor addition. The Certif ying Authority m ust ensure that the building plans and specifications submitted by the Applicant, referenced and accom panying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To minimise the bulk and scale of the proposed first floor addition and

to maintain the streetscape.) Privacy Protection

C2. Frosted glazing or equivalent m ust be a pplied to the lower panes of all windows on

the north-eastern elevation of the proposed first floor addition to protect the visual privacy of the adjoining property at No.23 Benelong Road. The Certif ying Authority m ust ensure that the building plans and specifications submitted by the Applicant, referenced and accom panying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To protect visual privacy of the adjoining property.)

Landscape Plan

C3. The applicant shall subm it a revised landscape plan for the subject site, based on

drawing numbered SS15.006 Page 3/17 Issue F, dated 25.07.2016, and prepared by Straightline Studio Co, f or the entire property identifying the species of plants to be planted, their num bers, pot size and their mature heights to ensure appropriate landscaping treatments within the subject property. The landscape plan must include, but not limited to, the following:

(a) The provision of planter with suita ble planting bed (6m long and 750m m

wide) from the front building line between the proposed driveway and the Benelong Road boundary fence to provide additional soft landscaping within the front setback area;



September 2013 v1

(b) The planting of a replacem ent tree (Manc hurian Pear Pyrus ussuriensis) (100 litre pot size) within the above new planter bed to provide screening and visual privacy protection for the adjoining property at No. 23 Benelong Road as marked in red on the approved plans;

(c) The planting of 3 x Syzygium australe ' AATS' PBR Pinnacle on the planter bed adjacent to the first floor kitche n window on the south-western elevation of No.23 Benelong Road as marked in red on the approved plans ; and

(d) The provision of screen planting (up to 5m in height) along the Benelong Road boundary to soften the proposed development.

The Certif ying Authority m ust ensure that the building plans and specifications submitted by the Applicant, referenced and accom panying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To provide adequate landscaping fo r the subject site and to protect the

amenity of the adjoining property.) Excavation Works at the Rear

C4. The excavation works within the rear setb ack area m ust provide a m inimum setback

of 1m from all property boundaries to minimise the im pacts on the adjoining properties. The Certif ying Authority m ust ensure that the building plans and specifications submitted by the Applicant, referenced and accom panying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To minimise impacts on the adjoining properties.)

Fencing along Benelong Road

C5. The tim ber infill panel of the proposed fencing along Benelong Road m ust be no

more than 50% solid construction to ensu re adequate level of transparency and minimise visual dominance on the streetscape. The fence must be no higher than 1.8m from the existing ground level from the front building line to the rear boundary with No.2 Brightmore Street. The Certif ying Authority m ust ensure that the building plans and specifications submitted by the Applicant, referenced and accom panying the issued Construction Certificate, fully satisfy the requirement of this condition. (Reason: To ensure adequate level of transparency and m inimise visual

dominance on the streetscape.)



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Dilapidation Report Damage to Public Infrastructure

C6. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the existing public inf rastructure in the vicin ity of the developm ent site. Particular attention must be paid to accurately recording any pre-developed dam aged areas so that Council is fully inform ed when asse ssing any dam age to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be subm itted to the Certif ying Authority f or approval prior to the issue of any Construction Certificate. The developer m ay be held liable for all damage to public inf rastructure in the vicinity of the site, where such dam age is not accurately recorded and dem onstrated as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public infrastructure dam aged as a result of th e carrying out of the developm ent, and no occupation of the developm ent shall occu r until dam age caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and re port m ust be lodged with North Sydney Council by the Certifying Authority with s ubmission of the Construction Certificate documentation. (Reason: To record the condition of public inf rastructure prior to the

commencement of construction) Dilapidation Report Private Property (Excavation) C7. 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 subm itted to the Certif ying Authority for approval prior to the issue of any Construction Certificate. The zone of in fluence 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 com pliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking th e 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. W ritten concurrence m ust be obtained from Council in such circumstances.



September 2013 v1

Note: This documentation is for record keeping purposes only, and m ay be used by the developer or affected property owne r to assist in any action required to resolve any dispute over dam age to ad joining 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 prope rty/ies prior to the com mencement of construction)

Structural Adequacy of Existing Building C8. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be subm itted to the Certif ying Authority f or approval prior to issue of any Construction Certif icate. The certif ied repor t m ust also include all details of the methodology to be em ployed in construction phases to achieve the above requirements. The m ethodology in the certifie d report m ust be com plied with at all times.

(Reason: To ensure the structural integrity of the building is maintained)

Geotechnical Report C9. A report prepared by an appropriately qualif ied 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 th e proposed excavation, including any

recommendations for shoring works that m ay be required to ensure the stability of the excavation;

c) providing protection and support of adjoining properties; and d) the provision of appropriate subso il drainage during and upon com pletion of

construction works must be subm itted for approval by the Certif ying 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 specif ications subm itted f or approval with any construction certificate application m ust comply with (a ), (b), (c) and (d) above and the certified report, including any recommendations made in the said certified report.

The Certif ying Authority m ust ensure th at the building plans and specifications submitted, referenced on and accom panying 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)



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Sediment Control C10. Where construction or excavation activity re quires the disturbance of the soil surface

or existing vegetation, erosion and sedim ent control techniques, as a minimum, are to be in accordance with the publication Managing Urban Storm water: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and subm itted to the Certifying Authority for approval prior to the issue of any Cons truction Certificate and prior to any works commencing. The Sediment Control Plan m ust be consistent with the Blue Book and disclose:

a) All details of drainage to protect a nd drain the site during the construction processes;

b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and program me of the sequence of the sedim ent and erosion

control works or devices to be installed and maintained. f) Methods for the tem porary and contro lled disposal of storm water during

construction.

All works m ust be undertaken in accordan ce with the approved Sedim ent Control plan. The Certif ying Authority m ust ensure that the building plans and specifications submitted, referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environm ent fr om the effects of sedim entation and

erosion from development sites) Waste Management Plan C11. A W aste Managem ent Plan is to be submitted f or approval by the Certif ying

Authority prior to the issue of any Construc tion Certificate. The plan m ust include, but not be limited to: a) The estim ated volum e of waste and m ethod of disposal for the construction

and operation phases of the development; b) The design of the on-site waste storage and recycling area; and c) Administrative arrangements for waste and recycling m anagement during the



September 2013 v1

construction process.

The approved W aste Managem ent Plan m ust be com plied with at all tim es in the carrying out of the development. (Reason: To encourage the m inimisation of waste and recycling of building

waste) Skylight(s) C12. Skylight flashing(s) and fram e(s) to be coloured to m atch the roof m aterial.

Skylight(s) to sit no higher than 100m m above roof plane when in a closed position. Plans and specif ications which com ply with this condition m ust be subm itted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority m ust ensure that the building plans and specifications submitted fully satisfy the requirements of this condition.

(Reason: To minimise the visual impact of the skylight(s) on the roof plane)

External Colours and Finishes C13. The external colours and finishes shall m atch those as existing and/ or be com patible

with surrounding developm ent. A schedule of external colours and finishes m ust be submitted to the Certif ying Authority f or approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specif ications subm itted, ref erenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that the com pleted colours and finishes of the works are compatible with surrounding development)

Roofing Materials - Reflectivity C14. Roofing m aterials m ust be factory pre-fi nished with low glare and ref lectivity

properties to be com patible with the col ours of neighbouring buildings. The selected roofing material must not cause a glare nuisa nce or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition m ust be subm itted to the Certif ying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specif ications subm itted, ref erenced on and accom panying 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)



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Obtain Driveway Crossing and associated works permit C15. Prior to the issue of the Construction Ce rtificate, North Sydney Council m ust issue

the applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘ Vehicular Access Application’ f orm with paym ent of the adopted assessm ent/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The responsibility fo r accuracy of the design fully rests with the designing engineer. All responsibility on im plementation and supervision of works specified on design plans fully rest s on designing engineer or whoever is chosen to be applicant’s engineering repr esentative. The civil design drawings shall detail the follow ing infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways m ust com ply with AS 2890.1 and

Council’s current Vehicular Access Application Guidelines and Specification (gutter bridges not perm itted) to en sure that a B85 vehicle will not scrape/strike the surface of the carriag eway, layback, vehicular crossing or parking floor.

b) The redundant layback crossing on Bene long Road, currently serving the property m ust be reinstated as upright kerb gutter grass verge and concrete footpath.

c) The width of the vehicular layback must be 3.6m (including the wings). d) The crossing (between the layback and the property boundary) m ust be on a

single straight grade of approximately 4.0%, falling to the back of the layback. e) The gutter levels and road shoulder levels on Benelong Road m ust stay

unchanged. f) The boundary footpath levels may be slightly reduced from existing levels but

footpath m ust be transitioned as m uch as necessary, so that it is sm ooth without showing signs of dipping or rising particularly at vehicular crossing entrance. The maximum longitudinal change of grade on the footpath must not exceed 7% with a m inimum transition of two footpath panels where the change in grade occurs.

g) Alignment levels at the boundary have an important impact on the proposed levels f or new driveway. The works m ust not start until conf irmation of boundary alignment levels from Council. Council has the authority to rem ove any unauthorized works at the cost of the property owner.

h) The Certif ying Authority m ust ensure th at the internal property levels at boundary matches council’s confirmed boundary levels.

i) The footpath and grass verge on Benel ong Road m ust be reconstructed for a full property frontage and are to be tr ansitioned at least 1.5m on both sides (boundary edges) or for additional pavem ent panel, whichever is grater, to ensure uniformity on the footpath.

j) The kerb gutter, and 1000 m m road shoulder wide- strip, adjacent to all new layback and gutter works, on Benelong Road must be reconstructed, to ensure uniformity in the road reserve.



September 2013 v1

k) Any twisting of driveway access to ensure vehicles do not scrape m ust occur wholly within the subject property.

l) All inspection openings, utility services m ust be adjusted to m atch the proposed driveway levels and location.

m) The design detail has to be provided with vehicular access application and must include sections along centre-line and extrem ities of the crossing at a scale of 1:25. Sections are to be take n from the centre of the roadway through to the parking area itself and shall incl ude all changes of grade and levels, both existing and proposed.

n) A longitudinal section along the gutter line of Benelong Road at a scale of 1:50 showing how it is intended to transition the layback with the existing gutter levels and shall include a ll changes of grade and levels, both existing and proposed.

o) A longitudinal section along the footpath property boundary at a scale of 1:50 is required and shall include all changes of grade and levels, both existing and proposed.

p) The sections m ust show the calcula ted clearance to the underside of any overhead structure.

q) Pipelines within the footpath area m ust be hot dipped galvanized rectangular steel hollow section with a m inimum wall thickness of 4.0 m illimeters and a section height of 100 millimeters.

r) Any footpath panel on Benelong Road th at is disturbed for the purpose of stormwater connection must be reconstructed as a whole panel.

All driveway and infrastructure works on the road reserve must proceed in accordance with the term s of the perm it issued by Council. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued.

(Reason: To facilitate appropriate vehi cular access to private sites, without

disruption to pedestrian and vehicular traffic) Stormwater Management and Disposal Design Plan – Construct. Issue C16. Prior to issue of the Construction Certif icate, the applicant shall have a site drainage

management plan prepared by a qualified drai nage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage re quirements, Councils Engineering

Performance guide and current Australia n Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled m anner by gravity to Council’s kerb in Benelong Road.

c) All redundant storm water pipelines within the footpath area shall be rem oved and the footpath and kerb reinstated.

d) Pipelines within the f ootpath area sh all be hot dipped galvanized steel



September 2013 v1

rectangular hollow section with a m inimum wall thickness of 4.0 m illimeters and a section height of 100 millimeters.

e) Any footpath panel on Benelong Road disturbed for the purpose of stormwater connection shall be reconstructed as whole panel.

f) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit. Details of all plans certif ied as being adequate for their intended purpose and complaint with the provisions of AS3500.3.2 by an appropriately qualified and practising civil engineer, shall be subm itted with the application f or a Construction Certificate.

g) The design and installation of the Rainwater Tanks shall com ply with Basix and Sydney Water requirements. Overflow from tank shall be connected by gravity to the stormwater disposal system.

h) Prevent any storm water egress into adj acent properties by creating physical barriers and surface drainage interception.

Details demonstrating compliance are to be subm itted with the Construction Certificate.

The Certifying Authority issuing the Cons truction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirem ents of this condition, is referenced on and accompanies the Construction Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)

Bond for Damage and Completion of Infr astructure Works – Stormw ater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C17. Prior to the issue of any Construction Cer tificate, security deposit or bank guarantee

must be provided to Council to the su m of $15,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any dam age caused to a ny property of the Council as a

consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,

footway construction, stor mwater drainage and environmental controls) required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after the work is completed.

The security required by this condition and in the schedule contained later in these conditions m ust be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security m ust name North S ydney Council as the nom inated beneficiary and must not be subject to an expiry date. The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or com pletion of public work required to be



September 2013 v1

completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to m ake use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - where the damage constitutes a hazard in which case Council may make use of

the security immediately; the applicant has not repaired or co mmenced repairing dam age within 48

hours of the issue by Council in writing of instructions to undertake such repairs or works;

works in the public road associated with the developm ent are to an unacceptable quality; and

the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate secu rity for works on public land and an

appropriate quality for new public infrastructure) Tree Bond for Public Trees C18. Prior to the issue of any construction certificate, security in the sum of $6,000.00

must be provided to Council for the protecti on of trees in public places, including the making good of any dam age caused to such tr ees. The security is to be provided in accordance with the Schedule below. The security required by this condition and in the schedule contained later in these conditions m ust be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security m ust name North S ydney Council as the nom inated beneficiary and must not be subject to an expiry date.

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but onl y upon inspection and release by Council' s Landscape Development Officer.

If any tree is rem oved or dam aged Counc il m ay deduct from this security the reasonable cost of replacem ent with a tree of the same species and to a sim ilar stage of growth it would have attained at the completion of the work. In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacem ent street plantings.

SCHEDULE 2x Brushbox street tree on Council Footpath



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(Reason: Protection of existing environm ent public infrastructure, com munity

assets and significant trees) Tree Protection Measures to be shown on Construction Drawings C19. The tree protection m easures contained in the arborist report prepared by

Horticultural Management Services, dated 10 th March 2016, and received by Council on 12 th May 2016, shall be shown clearly on the Construction Certificate drawings. Plans and specifications showing the said tree protection m easures must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certif ying Authority m ust ensure the construction plans and specifications subm itted , referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that appropriate tree protection m easures are shown on

construction drawings) Protection of Trees C20. The following tree(s) are required to be pr otected and retained as part of the

development consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Tree Location Height (m) Jacaranda sp Adajecent to the property boundary to the

south-east at No.4 Brightmore Street Cremorne Approx 9m

Plans and specif ications com plying with this condition m ust be subm itted to the Certifying Authority for approval prior to th e issue of any Construction Certificate. The Certif ying Authority m ust ensure that the building plans and specifications submitted, referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) m ust be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets) Approval for removal of Trees C21. The following tree(s) are approved for rem oval in accordance with the developm ent

consent:

Tree Location Height (m) Jacaranda sp Within the front garden and adjacent to the

north-eastern property boundary Approx 9m



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Removal or pruning of any other tree on th e site is not approved, excluding species exempt under Council’s Tree Preservation Order. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) m ust be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets) Pruning of Trees C22. All pruning works shall to the following tree(s) shall be undertaken under the

guidance of an appropriately qualified arborist/tree surgeon in accordance with Australian Standard AS 4373-2007 - Pruning of Amenity Trees:

Tree Location Height (m) Jacaranda sp Adajecent to the property boundary to the

south-east at No.4 Brightmore Street Cremorne Approx 9m

A report detailing the measures to be employed during construction shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. All m easures required by the said report m ust be com plied with at all tim es in the carrying out of the development.

(Reason: To ensure the protection and longevity of existing significant trees)

Garbage and Recycling Facilities C23. Adequate provision m ust be m ade for the st orage of waste and recyclable m aterial

generated by the premises. Plans and specifications which comply with this condition must be subm itted to the Certif ying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specif ications subm itted, ref erenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the provision of appropriate waste f acilities and to ensure

efficient collection of waste by collection contractors) Asbestos Material Survey C24. A report m ust be prepared by a suitably qua lified person in relation to the existing

building fabric to be dem olished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identif ied in the report as having to be carried



September 2013 v1

out must be carried out in accordance with the recommendations of the report and the following: a) the rem oval of asbestos m ust be undertaken by a W orkCover licensed

contractor; b) all rem oval m ust be in strict acco rdance with the requirem ents of the

WorkCover Authority in relation to the rem oval, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

c) during the rem oval of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” m ust be er ected in a visible position at the boundary of the site; and

d) Waste disposal receipts m ust be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.

The report m ust be subm itted to the Certif ying Authority f or approval prior to the issue of any Construction Certificate. The Certifying Authority m ust ensure that the report, and other plans, referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

Location of Plant C25. All plant and equipm ent (including but not limited to air conditioning equipm ent) is

to be located within the basement of the building and is not to be located on balconies or the roof. Plans and specif ications complying with this condition must be submitted to the Certifying Authority for Approval prior to the issue of any Construction Certificate. The Certif ying Authority m ust ensure that the building plans and specifications subm itted, referenced on a nd accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: Minimise im pact on surrounding properties, im proved visual

appearance and amenity for locality) Security Deposit/ Guarantee Schedule C26. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/guarantee Amount ($) Street Tree Bond (on Council Property) $5,000.00 Engineering Construction Bond $15,000.00 TOTAL BONDS $7,500.00

The security required by the above schedul e must be provided by way of a deposit



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with the Council; or other such guarantee th at is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security m ust nam e North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)

BASIX Certificate C27. Under clause 97A(3) of the Environm ental Planning & Assessm ent Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX Certificate No. (A240697 ) for the development are f ulfilled. Plans and specif ications complying with this condition m ust be submitted to the Certif ying Authority f or approval prior to the issue of any Construc tion Certificate. The Certif ying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certifi cate, fully satisfy the requirem ents of this condition. (Reason: To ensure the proposed deve lopment will m eet the Governm ent’s

requirements for sustainability and statutory requirements) D. Prior to the Commencement of any Works (and continuing where indicated) Protection of Trees D1. All trees that are specifically nom inated to be retained by notation on plans or by

condition as a requirem ent of this consent must be m aintained and protected during demolition, excavation and construction on the site in accordance with AS4970-2009 (Protection of trees on development sites). A report containing recommendations, and methods of tree protection prepared by an appropriately qualified person m ust be provided to the Certifying Authority for approval by an appropriately qualified person prior to com mencement of any works on the site. Any recom mendations m ust be undertaken for the duration of works on the site.

(Reason: To ensure com pliance with th e requirem ent to retain significant

planting on the site) Public Liability Insurance – Works on Public Land D2. Any person or contractor undertaking works on public land m ust take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Polic y is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy m ust be subm itted to Council prior to com mencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications f or hoarding perm its, vehicular crossings etc will require



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evidence of insurance upon lodgement of the application.)

(Reason: To ensure the com munity is prot ected from the cost of any claim for damages arising from works on public land)

Commencement of Works Notice

D3. Building work, demolition or excavation in accordance with this development consent

must not be com menced until the developer ha s given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, dem olition or excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding m easures are in place prior to the

commencement of any building work, demolition or excavation) E. During Demolition and Building Work Parking Restrictions

E1. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside la ne is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions m ust be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing ke rbside parking provisions are not

compromised during works) Road Reserve Safety E2. All public footways and roadways fronti ng and adjacent to the site m ust be

maintained in a saf e condition at all tim es during the course of the developm ent works, with no obstructions caused to the said footways and roadways. Construction materials and plant m ust not be stored in the road reserve without approval of Council. A safe pedestrian circulation rout e and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Devel oper cost). Where pedestrian circulation is diverted on to the roadway or verge ar eas, clear directional signage and protective barricades m ust be installed in accord ance with AS1742-3 (1996) “Traffic Control Devices for W ork on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.



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(Reason: Public Safety)

Service adjustments E3. Where required, the adjustm ent or inclusion of any new utility service f acilities 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 responsib ility to m ake contact with the relevant utility authorities to ascertain the im pacts of the proposal upon utility services at the appropriate stage of the developm ent (i ncluding water, phone, gas and the like). Council accepts no responsibility whatsoever for any m atter arising from its approval of this application involving any influe nce upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Temporary Disposal of Stormwater Runoff E4. During construction, stormwater runoff must be disposed in a controlled m anner that

is compatible with the erosion and sedi ment controls on the site. Im mediately upon completion of any im pervious areas on the s ite (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary tem porary drainage systems m ust be installed to reasonably manage and control runoff as far as the approved point of storm water discharge. Such ongoing m easures m ust be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Council Inspection of Public Infrastructure Works E5. During the works on public infrastructure re verting to Council’s care and control,

Council’s developm ent engineer m ay undert ake inspections of the works at the following hold points: -

(a) Vehicular access and associated road civil works

All works m ust proceed in accordance w ith Roads Act 1993 approvals or other permits relating to roads issued by Council. A m inimum of 48 hours notice m ust be given to Council to book an inspection. W ork must not proceed until the works or activity covered by the inspection is approved.

(Reason: To ensure quality of construction joints and connections in the

drainage system)



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Progress Survey E6. In order to ensure compliance with approved plans, a Survey Certificate, to Australian

Height Datum, must be prepared by a Registered Surveyor as follows: -

a) at the com pletion of the f irst structural f loor level indicating the level of that floor and the relationship of the building to the boundaries;

b) at the com pleted height of the buildi ng, prior to the placem ent of concrete

inform work, or the laying of roofing materials; and c) at completion, the relationship of the bu ilding, and any projections thereto, to

the boundaries.

Progress certifications in response to points (a) through (c) m ust be provided to the Certifying Authority for approval at the time of carrying out relevant progress inspections. In the event that such survey inform ation is not provided or reveals discrepancies between the approved plans and the proposed works, all works, save for works necessary to bring the developm ent into compliance with the approved plans, must cease. Works may only continue upon notification by the Certifying Authority to the Applicant that survey information (included updated survey information following the carrying out of works to com ply with the approved plans) com plies with this condition.

(Reason: To ensure compliance with approved plans)

Removal of Extra Fabric E7. Should any portion of the existing building, tr ees, or curtilage of the site which is

indicated on the approved plans to be reta ined be dam aged for whatever reason, all the works in the area of the dam aged portion are to cease and written notification of the dam age is to be given to Council fort hwith. No work is to resum e until the written approval of Council to do so is obt ained. Failure to com ply with the provisions of this condition m ay result in the Council taking further action including legal proceedings if necessary.

(Reason: To ensure compliance with the terms of this development consent)

Dust Emission and Air Quality E8. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or f ill m aterial m ust be

covered.



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(c) Dust suppression m easures m ust be carried out to m inimise wind-borne emissions in accordance with the NSW Departm ent of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration

E9. The works m ust be undertaken in accordan ce with the “Interim Construction Noise Guideline” published by the NSW Environm ent Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to m inimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E10. The developer m ust bear the cost of all wo rks associated with the developm ent that

occurs on Council’s property, including the restoration of damaged areas.

(Reason: To ensure the proper management of public land and funds) No Removal of Trees on Public Property E11. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be rem oved or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environm ental inf rastructure and com munity

assets) Special Permits E12. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of m aterials, loading and unloadi ng associated with the developm ent m ust occur entirely on the property. The developer, owner or builder m ay appl y f or specif ic perm its available f rom Council’s Custom er Service Centre fo r the underm entioned activities on Council’s property. In the event that a perm it is granted by Council for the carrying out of works, processes, storage of m aterials, loading and unloading associated with the development on Council' s property, the developm ent m ust be carried out in accordance with the requirements of the permit. A minimum of forty-eight (48) hours



September 2013 v1

notice is required for any permit: -

1) On-street mobile plant

Eg. cranes, concrete pum ps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate perm its are required for each occasion and each piece of equipm ent. It is the developer' s, owner’s and builder’s responsibilities to take what ever steps are necessary to ensure that the use of any equipm ent does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

2) Hoardings

Permits are required to erect Class A a nd Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.


3) Storage of building materials and bu ilding w aste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building m aterials and building waste containers (skips) are required for each location. Failure to obtain the relevant perm its will result in the building m aterials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerb side restrictions adjacent to the development. Should alteration of exis ting kerbside restrictions be required, or the provision of a construction zone, the appropriate application m ust be made and the fee paid to Council. A lternatives to such restrictions m ay require referral to Council’s Traffic Committee and m ay take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.


Noxious Plants E13. All lantana, privet, rubber trees, asthm a weed, and other declared noxious plants on



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the site, must be eradicated before the commencement of landscape works.

(Reason: To ensure that plants identifie d as weed species are not allowed to proliferate or interfere with a quality landscaping outcome)

Construction Hours E14. Building construction and works m ust 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 and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, form work, fixture, fitting of service installation and the unloading of plant, m achinery, m aterials or the like.

b) “Demolition works” m eans any physical activity to tear down or break up a

structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/rem oving materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators m ust display, on-s ite, their twenty-four (24) hour contact telephone num ber, 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 am enity

expectations of residents and the community) Installation and Maintenance of Sediment Control

E15. Erosion and sedim ent controls m ust be installed and m aintained at all tim es in accordance with the Sedim ent and erosion control plan subm itted and approved with the Construction Certificate. Erosion and sedim ent m easures m ust be m aintained in accordance with the publication Managing Urban Storm water: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as th e “Blue Book” and can only be rem oved when development activities have been completed and the site fully stabilised.




September 2013 v1

erosion from development sites) Sediment and Erosion Control Signage E16. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be m aintained. A sign of the type referred to in this condition is available f rom Council.


erosion from development sites) Site Amenities and Facilities E17. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisf y applicable occupational health and saf ety and construction safety regulations, including any W orkCover Authority requirem ents, m ust be provided and maintained at all tim es. The t ype of work place determ ines the type of amenities required.

Further inform ation and details can be obtained from the Internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safe ty of the com munity and workers on the

site) Health and Safety E18. All work undertaken m ust satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirem ents to prepare a health and safety plan. Site fenc ing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obt ained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safe ty of the com munity and workers on the

site) Prohibition on Use of Pavements E19. Building m aterials m ust not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a perm it is obtaine d from Council beforehand). A suitable sign to this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)



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Plant & Equipment Kept Within Site E20. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, m obile cranes, hoardings etc, m ust be situated within the boundaries of the site (unless a perm it is obtained from Council beforehand) and so placed that all concrete slurry, water, debris and the like m ust be discharged onto the building site, and is to be contained within the site boundaries.

Details of Council requirem ents for perm its on public land for standing plant, hoardings, storage of m aterials and construction zones and the like are available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)

Waste Disposal E21. All records dem onstrating the lawful dispos al of waste m ust be retained and kept

readily accessible for inspection by regulat ory authorities such as North Sydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)

Asbestos Removal E22. All dem olition works involving the rem oval a nd disposal of asbestos cem ent m ust

only be undertaken by contractors who hol d a current W orkCover Asbestos or “Demolition Licence” and a current W orkCover “Class 2 (Restricted) Asbestos Licence and rem oval must be carried out in accordance with National Occupational Health and Safety Commission. (Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements) F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation

Building Code of Australia F1. All building work m ust be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Hom e Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of



September 2013 v1

that Act m ust not be carried out unle ss the Principal Certif ying Authority f or the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a pr incipal contractor is required to be

appointed:

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.

2) If arrangem ents for doing residentia l building work are changed while the work is in progress such that th e inform ation subm itted to Council in accordance with this conditions is out of date, work must cease and no further work m ay be carried out unless the Pr incipal Certif ying Authority f or the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

Note: A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Pa rt is, for the purposes of this clause, sufficient evidence that the person has co mplied with the requirem ents of that Part.

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent

must not be com menced until the develope r has appointed a Principal Certifying Authority for the building work in accordan ce with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropria te safeguarding m easures are in place

prior to the com mencement of any building work, dem olition or excavation)

Construction Certificate F4. Building work, demolition or excavation in accordance with the development consent

must not be com menced until a Construction Ce rtificate for the relevant part of the



September 2013 v1

building work has been issued in accordan ce with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropria te safeguarding m easures are in place

prior to the com mencement of any building work, dem olition or excavation)

Occupation Certificate F5. A person m ust not com mence occupation or us e of the whole or any part of a new

building (new building includes an altered portion of, or an extension to, an existing building) unless an Occupation Certif icate has been issued in relation to the building or part. Only the Principal Certifying Aut hority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory)

Excavation/Demolition F6. 1) All excavations and backfilling associated with the erection or demolition of a

building m ust be executed safely a nd in accordance with appropriate professional standards.

2) All excavations associated with the erection or dem olition of a building m ust be properly guarded and protected to pr event them from being dangerous to life or property.

3) Demolition work m ust be undertaken in accordance with the provisions of AS2601- Demolition of Structures.

(Reason: To ensure that work is undert aken in a professional and responsible

manner and protect adjoining prope rty and persons from potential damage)

Site Sign F7. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited; b) showing the nam e of the principal contractor (or person in charge of

the work site), and a telephone num ber at which that person m ay be contacted at any time for business purposes and outside working hours; and

c) showing the nam e, address and telephone num ber of the Principal Certifying Authority for the work.

2) Any such sign must be maintained while to building work or dem olition work

is being carried out, but must be removed when the work has been completed.

(Reason: Prescribed - Statutory)



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G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Cer tificate any and all works relating to the

development: a. in the road reserve must be fully completed; and b. to repair and m ake good any dam aged public infrastructure caused as a result

of any works relating to the developm ent (including dam age caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets) Certification- Civil Works G2. a) An appropriately qualified and practising Civil Engineer m ust certify to the

Certifying Authority that the storm water drainage system is constructed in accordance with this consent and the pr ovisions of the applicable Australian Standard. A copy of the certificate m ust be subm itted to Council (if it is not the Certifying Authority) upon com pletion of the developm ent works and prior to the issue of an Occupation Certificate.

b) An appropriately qualified and practicing Civil Engineer m ust certify to the

Certifying Authority that the vehicular crossing and associated works and road works were constructed in accordance with this consent and any approval for works in the road reserve issued by the Council. A copy of the certificate must be subm itted to Council (if it is not the Certifying Authority), upon completion of the developm ent works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

Damage to Adjoining Properties G3. All precautions m ust be taken to prevent any dam age likely to be sustained to

adjoining properties. Adjoining owner property rights and the need for owner’s permission m ust be observed at all tim es, including the entering onto land for the purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G4. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupati on certif icate. This shall be at no cost to



September 2013 v1

Council.

(Reason: To ensure compliance with the terms of this consent) Disposal Information G5. Upon completion of works and prior to occupation, a report including the following

information must be provided to Council’ s Open Space and Environm ental Services Department:

(a) the total tonnage of all waste and excavat ed material disposed of from the site

(including any tipping dockets); and (b) the disposal points and methods used.

(Reason: To ensure appropriate disposal m ethods are undertaken for auditing

and inspection purposes) BASIX Completion Certificate G6. In accordance with Clause 154C of the Environmental Planning and Assessm ent

Regulation 2000, prior to issuing a fina l occupation certificate the Certifying Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate) Unpaved Verge G7. Any damage to the existing verge area cau sed by the provision of the new driveway

shall be reinstated with the same species of the grass existing. (Reason: To ensure that com munity assets are presented in accordance with

reasonable community expectations) Compliance with Certain conditions G8. Prior to the issue of any Occupation Cer tificate Conditions C1, C2, C3, C4 and C5

must be certified as having been implemented on site and complied with.

(Reason: To ensure the developm ent is com pleted in accordance with the requirements of this consent)

I. On-Going / Operational Conditions Single Occupancy I1. Nothing in this consent authorises the use of the prem ises other than f or a single

occupancy.



September 2013 v1

(Reason: To ensure compliance with the terms of this consent)


North Sydney CouncilCopyíght:

Copyrìght @ Nodh Sydney Counc¡l - No part of this map may be reproduædwilhout permission Commercial decisions should rct be made based oninformation óntain€d in this map withoul Rrst checking deta¡ls held by th6responsibl€ Gov€rnmênt authority.

Further deta¡ls can be obta¡ned by €lling (02) 3936 8100 or e-ma¡lmapping@nodhsydney nsw gov au


For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

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a | 9 Carpenter Street, Elderslie NSW 2570 p |

e | [email protected] 30th August 2016 To: North Sydney Council Att: Development and Planning PO Box 12 NORTH SYDNEY NSW2059 To the General Manager, Re: 21 Benelong Road, CREMORNE. Lot 21, Section C, DP 5017 DA Application: Proposed additions and alterations to existing residence. In accordance with Clause 4.6 (3) & (4), this submission will contend that strict compliance with the maximum overall height limit is unreasonable and/or unnecessary in circumstances of this case and that the variation sought can be supported and that the request for variation should be upheld. In order to assist Councils deliberation, this Variation has been assessed in accordance with the principles established by the Land & Environment Court of New South Wales in the case of Wehbe vs Pittwater Council (2007) NSWLEC 46 at (827). North Sydney Local Environmental Plan 2013 Clause 4.3 Height of buildings (1) The objectives of this clause are as follows:

(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient,

(b) to promote the retention and, if appropriate, sharing of existing views,

(c) to maintain solar access to existing dwellings, public reserves and streets, and to promote solar access for future development,

(d) to maintain privacy for residents of existing dwellings and to promote privacy for residents of new buildings,

(e) to ensure compatibility between development, particularly at zone boundaries,

(f) to encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area.

ATTACHMENT TO IPP07 - 07/09/2016 Page 67

Clause 4.6 – Exception to Development Standards (1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Response: We wish to request for a variation to Clause 4.3 in the North Sydney LEP. The property has significant fall from North-West to South-East. The proposal aims to maintain the existing developments use of the slope of the land and to maximise the sites potential. Attached to this variation are elevations showing building height measured from the proposed finished ground level. As indicated on the South-West Elevation no part of this elevation exceeds the maximum 8.5m building height. Both two storey elements measure at 7.14m and 7.73m. When viewed from the North-West elevation the building does appear to have a large mass but we believe the true elevation from the street will not appear as bulky due to the 2-d image appearing flat and without depth. We appreciate the North-East Elevation does exceed the maximum building height however when compared with the neighbouring elevation of 23 Benelong Road we do not believe for this development to exceed any higher to what is already constructed. We believe that to achieve a better outcome for and from this development, consideration and flexibly to the maximum building height should be granted. The proposal is not out of scale, character or mass to the area. Below is a street view of Benelong Road. 21 Benelong Road is the smaller house on the right. This proposal aims to enhance the properties view from the street and match the surrounding neighbourhood.


(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(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.

Response: Please accept this letter as our (the applicant) written request. Compliance with the particular development standard of the maximum building height has been achieve in the most part of the application. As previously mentioned, as indicated on the South-West Elevation no part of this elevation exceeds the maximum 8.5m building height. Both two storey elements measure at 7.14m and 7.73m. it is only when viewed from the north-east that the bulk is visible. While we appreciate council’s development standards, we believe that this standard is unreasonable and unnecessary in this particular case due to the topography of the land, the existing building and the surrounding developments. Regards, Toni White Architectural Designer Straightline Studio Co.


north sydney council reports€¦ · 05.03.2016, drawn by straightline studi o co, received by...

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