NORTH SYDNEY COUNCIL · NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 3 Council’s...
Transcript of NORTH SYDNEY COUNCIL · NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 3 Council’s...
NORTH SYDNEY COUNCIL
Council Chambers
28 September 2017
I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING
PANEL will be held in the Council Chambers, North Sydney at 2.00pm on Wednesday 4
October 2017 when your attendance is requested.
Your attention is directed to the accompanying statement of the business proposed to be
transacted at such meeting.
ADRIAN PANUCCIO
A/GENERAL MANAGER
BUSINESS
1. Minutes
Confirmation of Minutes of the previous Meeting held on Wednesday 6 September
2017.
(Circulated)
NSIPP COUNCIL CHAMBERS SEATING PLAN
PUBLIC GALLERY
Pane
l Mem
ber Panel M
ember
Panel Member Panel Member
Staf
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Speaker/s
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 2
2. IPP01: 9 Commodore Street, McMahons Point (W) -:DA 133/17
Applicant: Environet Consultancy Pty Ltd
Report of Marc Ellwood, Student Town Planner, 19 September 2017
This development application seeks NSIPP approval for a permanent aluminium frame
and containing a retractable awning above an existing deck to the west of the dwelling.
The application is referred to the North Sydney Independent Planning Panel for
determination due to the level of interest in the outcome from neighbouring
properties.
Notification of the proposal has attracted three (3) submissions raising particular
concerns about the obstruction of views from the end of Commodore Street as well as
loss of views from private residences situated on the Northern side of Commodore
Street.
The assessment has considered these concerns as well as the performance of the
application against Council’s planning requirements. The view impact to No. 8
Commodore Street has been considered in detail, with impacts with impacts to the
ground floor are assessed as moderate and the impact to the first floor area considered
to be negligible, with impact to the first floor area considered to be negligible. On
balance, the impact to views from adjacent properties is considered to be reasonable.
Impacts to views from the adjoining public domain has also been considered and these
impacts are considered to be minor and acceptable.
Following this assessment, the development application is considered to be reasonable
in the circumstances and is recommended for approval subject to conditions.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the
General Manager as the consent authority, grant consent to Development Application
No. 133/17 for the installation of a retractable awning and associated permanent
aluminium frame to the western balcony of the existing dwelling on land at 9
Commodore Street, McMahons Point subject to the attached conditions: -
3. IPP02: 46 Murdoch Street, Cremorne (C) - DA348/16 (Section 82A review No.
5/17)
Applicant: Hargroves Design
Report of Kim Rothe, Acting Executive Planner, 26 September 2017
This application under Section 82A of the Environmental Planning and Assessment
Act 1979 seeks a review of a determination made by Council staff for alterations and
additions to an existing detached dwelling including the construction of a first floor
addition at the rear, a basement garage with a new opening to an existing rock face on
land at No. 46 Murdoch Street, Cremorne. The application was refused under delegated
authority on 21 April 2017.
The reasons of refusal included:
1.Unacceptable impact to the public domain and loss of natural and built features of
significance to the Cremorne Conservation Area to achieve the basement garage.
2.Unacceptable impact to the local environment.
3.Unacceptable resolution of engineering matters.
4.Impacts upon view loss and privacy to adjoining properties.
5.Owners consent being withheld by Council’s property section for the public domain
works which would be required over Council owned land.
The application is referred to the North Sydney Independent Planning Panel for
determination pursuant to requests by Councillors to have the 82A application
reviewed by the NSIPP.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 3
Council’s notification of the Section 82A review application has attracted two (2)
submissions. The objections raise particular concerns about excavation, impact to street
parking, interruption to pedestrian flows, preservation of topography, garbage
collection, overshadowing, loss of outlook/views and visual privacy, uncharacteristic
built form, non-compliant side setbacks and other issues.
The Section 82A plans submitted have not made amendments to the proposal as refused
or submitted any new information to the matters which formed the basis of the refusal.
Accordingly, there is limited scope for reconsideration of the matters which formed the
basis of the original refusal. Reassessment of the proposal concludes that the proposal
remains unacceptable with regard to Councils policies.
Having regard to the provisions of Section 82A and 79C of the Environmental Planning
& Assessment Act 1979 and the previous reasons of refusal, the application is
recommended for refusal.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the
Acting General Manager, confirms the refusal of Development Application No.
348/16 (Section 82A application 5/17) for alterations and additions to an existing
detached dwelling including the construction of a first floor addition at the rear, a
basement garage with a new opening to an existing rock face at No.46 Murdoch Street,
Cremorne for the following reasons:
The proposed garage and associated building and excavation works would have a
detrimental impact upon the significance of the Cremorne Conservation Area
Particulars:
(a)The proposed garage and associated vehicular crossing works would cause the loss
of part of the sandstone cliff, the removal of a section of the existing Depression era
rusticated fence on the western side of Murdoch Street that contributes to the overall
character within the view catchment of that part of the Cremorne Conservation Area.
(b)To maintain the character of low density residential areas and the conservation area,
basement garages are not supported within the front setback for detached dwellings.
(c)The introduction of an uncharacteristic built form within the Cremorne Conservation
Area with the proposed gabion walls on each side of the proposed garage entrance.
(d)The proposed removal of a large portion of the front garden above the proposed
garage would diminish the landscape setting of the subject Contributory item.
(e)Insufficient information has been provided to demonstrate that the structural
integrity of the cliff would not be compromised by the proposed excavation works.
(f)The proposal is contrary to the following:
(i)Clause 1.2 – aims – (2)(a), (b)(i), (e)(i), (f); Clause 2.3 – Objectives for R2 – Dot
point 3; Clause 5.10 (1) (a, b); 5.10(4); 6.10(1), (3)(a, ii) in NSLEP 2013;
(ii)General aims of NSDCP 2013, Section 1.6 (a, b, e, f) in Part A of NSDCP 2013;
(iii)General objectives for residential development – Section 1.1.1 O4, O6, O8 in Part
B of NSDCP 2013;
(iv)Sections 1.3.1 (Topography) – O1, P3; 1.4.1 (Context) O1, P1; 1.4.3 (Streetscape)
– O1, P1; 1.5.4 (Car Parking) – P3, P10, P11 (c, d), P14; 1.5.7 (Excavation) – O1, O3,
P3 (b); 13 (Heritage) - 13.6.1 (General Objectives) – O1, O2, 13.6.2 (Form, Massing
and Scale) – P9; 13.9.4 (Materials) – O1, 13.9.5 (Garages and Carports) – O1, O2, P6;
20.5 (Footpaths) – 20.5.3 (Objectives) – O1, O4; 20.5.4 (Provisions) - P2; in Part B of
NSDCP 2013;
(v)Section 6.3 (Cremorne Conservation Area); 6.3.6 (Characteristic Built Elements) –
P4, P9, 6.3.7 (Uncharacteristic Elements) in Part C of NSDCP 2013.
2.The proposed garage and associated works would have an unacceptable impact
upon the environment of the locality
Particulars:
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 4
(a)The proposed vehicular crossing would require significant alterations to a section of
Murdoch Street footpath to the north of the crossing with steep gradient would have
adverse impact in terms of pedestrian access and safety.
(b)Insufficient information has been provided about impact of the proposed works on
the structural integrity of the existing rock wall.
(c)The proposed garage and the removal of a large portion of the front garden would
result in a significant reduction in landscaped area and an increase in unbuilt upon area
within the subject site.
(d)The proposal is contrary to the following:
(i)Clause 1.2 – aims – (2)(a), (b)(i), (e)(i); Clause 2.3 – Objectives for R2 – Dot point
3; 6.10(1), (3)(a, ii)(d) in NSLEP 2013;
(ii)General aims of NSDCP 2013, Section 1.6 (a, b, d, e, f) in Part A of NSDCP 2013;
(iii)General objectives for residential development – Section 1.1.1 O4, O5, O6, O8 in
Part B of NSDCP 2013;
(iv)Sections 1.3.1 (Topography) – O1, P3; 1.4.1 (Context) O1, P1; 1.4.3 (Streetscape)
– O1, P1; 1.4.7 (Built form Character) – O1; 1.5.3 (Safety and Security) – O1; 1.5.4
(Car Parking) – P3, P10, P11 (c, d), P14; 1.5.5 Site Coverage) – P1; 1.5.6 (Landscape
Area) – O1 (a, c, f, h); 1.5.7 (Excavation) – O1, O3, P2, P3 (b); 1.5.9 (Front Gardens)
– O2, P1; 20.5 (Footpaths) – 20.5.3 (Objectives) – O1, O4; 20.5.4 (Provisions) - P2; in
Part B of NSDCP 2013;
(v)Section 6.3 (Cremorne Conservation Area, 6.3.7 (Uncharacteristic Elements) in Part
C of NSDCP 2013.
3.The proposed rear addition would have an unacceptable impact upon the
amenity of the adjoining properties
Particulars:
(a)The proposed first floor balconies at the rear of the addition would cause a loss of
visual and acoustic privacy of the adjoining properties.
(b)The proposal is contrary to the following:
(i)Clause 1.2 – aims – (2)(a), (b)(ii), (c)(i); Clause 2.3 – Objectives for R2 – Dot point
3 in NSLEP 2013;
(ii)General aims of NSDCP 2013, Section 1.6 (a, d, e, f) in Part A of NSDCP 2013;
(iii)General objectives for residential development – Section 1.1.1 O4, O6, O8 in Part
B of NSDCP 2013;
(iv)Sections 1.3.8 (Acoustic Privacy) – O1; 1.3.10 (Visual Privacy) – O1, P3; in Part B
of NSDCP 2013;
The absence of land owners consent for the proposed works within Council
property
Particulars:
(a)Clause 49 of the Environmental Planning and Assessment Regulations 2000.
(b)Council’s Encroachment Policy
4. IPP03: 22 Cairo Street, Cammeray (T) - DA262/17
Applicant: Rachel Bentley, Bentley Design
Report of Luke Donovan, Senior Assessment Officer, 22 September 2017
The applicant seeks NSIPP approval for substantial alterations and additions to the
existing semi-detached dwelling including a new basement level, first floor addition,
new roof, ground floor reconfiguration and a parking space within the front setback of
the site at No. 22 Cairo Street, Cammeray.
The subject application is reported to North Sydney Independent Planning Panel
due to the nature of the proposal and the non-compliance with the topographical
control in NSDCP 2013.
Council’s notification of the original proposal attracted one (1) submission against the
application. Council’s notification of the amended proposal also attracted one (1)
submission. The submission raised particular concerns about the extent of excavation,
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 5
proximity to common party wall and risk of structural damage to the adjoining
property.
The proposal is compliant with the building height control in NSLEP 2013. The
applicant has indicated that all new works will be independently supported of the party
wall that is shared with No. 20 Cairo Street.
Whilst the application proposes a considerable amount of excavation on a narrow site,
subject to the recommended conditions of consent, the excavation and the construction
of the basement level is unlikely to adversely impact the structural integrity of the
adjoining property at No. 20 Cairo Street. The proposed first floor addition is below
the existing ridge, setback 12.7m from the front boundary of the site and located behind
the front gable. The existing street tree would also assist in making the first floor
addition less visible from the public domain.
Council’s Conservation Planner considers that the proposal will have an acceptable
level of heritage impact to the primary built form and front façade of the Neutral Item
that is located within the Plateau Conservation Area.
The proposed parking space including two tyre strips is generally consistent with the
off street car parking along Cairo Street which is characterized by other similar
designed open car spaces as well as carports and garages within the front setback.
The proposal has been assessed having regard to Section 79(C) of the Environmental
Planning and Assessment Act 1979 (as amended) and found to be satisfactory.
Accordingly, the proposal is recommended for approval subject to appropriate
conditions of consent.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the
A/General Manager as the consent authority, grant consent to Development
Application No. 262/17 for substantial alterations and additions to existing semi-
detached dwelling including a new basement level, first floor addition and new roof,
ground floor reconfiguration and a parking space in front setback on land at No. 22
Cairo Street, Cammeray subject to the following site specific and the attached
conditions of consent:-
C1Heritage Requirements
Prior to the issue of the construction certificate, the following amendments and
notations must be made to the architectural plans:
a)The front façade of the dwelling must be retained in-situ.
b)The exterior colours shall be complementary to the architectural style of the original
building, the attached semi-detached dwelling and sympathetic to the character of the
conservation area.
c)The proposed weatherboard shall have a painted finish, not stained in a visually
submissive colour that compliments the Federation style of the building and character
of the conservation area.
d)The weatherboard cladding is to be natural timber weatherboard or composite
material cladding equal to ‘Scyon Linear’ cladding, with traditional profile and paint
finish, 16mm thick and 180mm wide, laid in a horizontal pattern. No approval is given
for any other type of artificial weatherboards, or fibre cement cladding.
e)The new metal roof to the addition only is to have a traditional corrugated roof profile
equal to Custom Orb. No approval is given for min-orb or tray profile roof sheeting.
The colour shall be complementary to the architectural style of the original building
and sympathetic to the character of the conservation area.
f)All new windows and doors must have an aluminium or steel framing sections of a
width 45mm or wider, or are to be timber-framed.
The Certifying Authority must also ensure that the building plans and specifications
submitted, referenced on and accompanying the issued Construction Certificate, fully
satisfy the requirements of this condition.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 6
(Reason: To ensure the proposed colours and materials and complementary to the
Plateau Conservation Area).
C7Geotechnical Report
All recommendations of the geotechnical site investigation prepared Crozier
Geotechnical Consultants dated March 2017 must be complied with at all times.
The Geotechnical Engineer must confirm within the report that the existing rock
formations and substrate on the site is capable of:
a)withstanding the proposed loads to be imposed;
b)withstanding the extent of the proposed excavation, including any recommendations
for shoring works that may be required to ensure the stability of the excavation;
c)providing protection and support of adjoining properties; and
d)the provision of appropriate subsoil drainage during and upon completion of
construction works
must be submitted for approval by the Certifying Authority prior to the issue of any
Construction Certificate.
Building plans and specifications submitted for approval with any construction
certificate application must comply with (a), (b), (c) and (d) above and the certified
report, including any recommendations made in the said certified report.
The Certifying Authority must ensure that the building plans and specifications
submitted, referenced on and accompanying the issued Construction Certificate, fully
satisfy the requirements of this condition.
(Reason: To ensure the structural integrity of the subject site and adjoining sites during
the excavation process)
E1Construction Sequence
The construction sequence prepared by Chapman Hutchison Pty Ltd dated 6/09/17
(Dwg No. 8575 S100B, S101A, S102B-S104B, S105A, S106B, S13B and S14B dated
6 September 2017) must be adhered to at all time during demolition, excavation and
construction works.
(Reason: To minimise any adverse impacts on the structural integrity of the adjoining
property at No.20 Cairo Street).
E8Progress Survey
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)After the installation of the 600mm x 300mm concrete panel (lower ground floor
level) confirming that it is independently supported of the existing stone footing.
b)After the installation of the stud walls to the first floor confirming that they are
independently supported of the common party wall.
c)After the laying of metal roof confirming that it is located wholly within their subject
site
Progress certifications in response to points (a) through (c) must be provided to the
Certifying Authority for approval at the time of carrying out relevant progress
inspections. In the event that such survey information is not provided or reveals
discrepancies between the approved plans and the proposed works, all works, save for
works necessary to bring the development 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 comply with the approved plans) complies with this
condition.
(Reason: To ensure compliance with approved plans)
G6Landscaping
The following landscaping must be completed prior to the issue of any Occupation
Certificate:
a)The hedge planting in the northern portion of the front garden indicated on Drawing
DA 05 Revision C dated 25/08/2017, prepared by Bentley Design.
b)Low ground cover plantings between the new paved driveway strips as indicated on
Drawing Number DA 15 Revision A dated 1/05/2017, prepared by Bentley Design.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 7
c)Screen planting to a mature height of 3m and installed at 45L pot size must be planted
adjacent to the lower ground floor courtyard/lightwell or the existing palms are to be
retained.
d)One (1) small tree at 45L pot size must be planted in the front garden
The new landscaping required by this consent must be completed prior to the issue of
any Occupation Certificate. The specified landscape elements must be provided and
maintained in accordance with the requirements of this consent at all times.
(Reason: To ensure compliance with the terms of this consent and to maintain the
landscape character of the locality)
5. IPP04: 562a - 564 Miller Street Cammeray (T) - DA.19/16/5
Applicant: Modog Pty Ltd
Report of Geoff Mossemenear, Executive Planner, 18 September 2017
This application seeks Council’s approval to modify the development consent for the
demolition of existing buildings and erection of a six storey residential flat building
with basement parking.
The approved development is currently under construction, and the recent excavation
has identified a number of variable geotechnical conditions in the north-eastern corner
of the site. Accordingly, the geotechnical engineer recommended the removal of the
loose material to establish a bedrock with sufficient strength to accommodate the
design of the building footprints in this portion of the site. The removal of the loose
material has effectively created a void below the approved building in the north-eastern
corner of the site, and the proposed amendment comprises the infill of that void with
two (2) additional apartments. The apartments are located directly below the lowest
floor of the approved building, and do not extend to the north beyond the approved
building footprint.
The application is referred to NSIPP due to the public interest with the proposal.
Council’s notification of the proposal has attracted five submissions raising particular
concerns about parking, privacy, removal of required landscape screening and damage
caused by extensive excavation. The assessment has considered these concerns as well
as the performance of the application against Council’s planning requirements.
Following this assessment the development application is considered to be reasonable
in the circumstances and is recommended for approval subject to conditions.
Recommending: THAT the North Sydney Independent Planning Panel, under delegation from the
General Manager, modify consent dated 11 July 2016 in respect of a proposal for the
demolition of existing buildings and erection of a multi storey residential flat building
with basement parking at 562a - 564 Miller Street Cammeray under the provisions of
Section 96 of the Environmental Planning and Assessment Act only insofar as will
provide for the following.
To delete condition A3, A4, C41 and C42 of the consent and insert in lieu thereof the
following new conditions namely:
External Finishes & Materials
A3.External finishes and materials must be in accordance with the submitted schedule
Drawings S96.10D and S96.11D, prepared by Julie Cracknell & Peter Lonergan,
and received by Council on 6 July 2017, unless otherwise modified by Council in
writing.
(Reason: To ensure that the form of the development undertaken is in accordance with
the determination of Council, Public Information)
Development in Accordance with Plans (S96 Amendments) A4. The development being carried out in accordance with plans identified in Condition
A1 of the consent and endorsed with Council’s approval stamp, except as modified by
the modifications shown by clouding on: Plan No. Issue Title Drawn by Received
S96.100 C Site plan Julie Cracknell & Peter Lonergan 15.09.2016
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 8
S96.101 C Level 1 Julie Cracknell & Peter Lonergan 15.09.2016
S96.102 C Level 2 Julie Cracknell & Peter Lonergan 15.09.2016
S96.103 C Level 3 Julie Cracknell & Peter Lonergan 15.09.2016
S96.104 C Level 4 Julie Cracknell & Peter Lonergan 15.09.2016
S96.105 C Level 5 Julie Cracknell & Peter Lonergan 15.09.2016
S96.106 C Level 6 Julie Cracknell & Peter Lonergan 15.09.2016
S96.107 C Roof Julie Cracknell & Peter Lonergan 15.09.2016
S96.201 C Cross sections Julie Cracknell & Peter Lonergan 15.09.2016
S96.301 C East elevation Julie Cracknell & Peter Lonergan 15.09.2016
S96.302 C West elevation Julie Cracknell & Peter Lonergan 15.09.2016
S96.303 C North & south
elevations
Julie Cracknell & Peter Lonergan 15.09.2016
S96.401 C Materials & Finishes Julie Cracknell & Peter Lonergan 15.09.2016
LPDA 16-
320/1
G Landscape Plan Conzept Landscape Architects 15.09.2016
LPDA 16-
320/1
C Landscape Plan
Detail
Conzept Landscape Architects 15.09.2016
as modified by the modifications shown by clouding on:
Plan No. Issue Title Drawn by Received
S96.01 C Site plan Julie Cracknell & Peter Lonergan 15.03.2017
S96.02 C Level 1 Julie Cracknell & Peter Lonergan 15.03.2017
S96.03 C Level 2 Julie Cracknell & Peter Lonergan 15.03.2017
S96.04 C Level 3 Julie Cracknell & Peter Lonergan 15.03.2017
S96.05 C Level 4 Julie Cracknell & Peter Lonergan 15.03.2017
S96.06 C Level 5 Julie Cracknell & Peter Lonergan 15.03.2017
S96.07 C Level 6 Julie Cracknell & Peter Lonergan 15.03.2017
S96.08 C Roof Julie Cracknell & Peter Lonergan 15.03.2017
S96.09 C Cross sections Julie Cracknell & Peter Lonergan 15.03.2017
S96.10 C East & West
elevations
Julie Cracknell & Peter Lonergan 15.03.2017
S96.11 C North & south
elevations
Julie Cracknell & Peter Lonergan 15.03.2017
as modified by the modifications shown by clouding on:
Plan No. Issue Title Drawn by Received
S96.1.1 D Lower Ground Floor Julie Cracknell & Peter Lonergan 6.07.2017
S96.1.2 D Ground Floor Julie Cracknell & Peter Lonergan 6.07.2017
S96.03 D Level 1 Julie Cracknell & Peter Lonergan 6.07.2017
S96.03 D Level 2 Julie Cracknell & Peter Lonergan 6.07.2017
S96.04 D Level 3 Julie Cracknell & Peter Lonergan 6.07.2017
S96.05 D Level 4 Julie Cracknell & Peter Lonergan 6.07.2017
S96.06 D Level 5 Julie Cracknell & Peter Lonergan 6.07.2017
S96.07 D Level 6 Julie Cracknell & Peter Lonergan 6.07.2017
S96.08 D Roof Julie Cracknell & Peter Lonergan 6.07.2017
S96.09 D Cross sections Julie Cracknell & Peter Lonergan 6.07.2017
S96.10 D East & West
elevations
Julie Cracknell & Peter Lonergan 6.07.2017
S96.11 D North & south
elevations
Julie Cracknell & Peter Lonergan 6.07.2017
except as amended by the following conditions and this consent.
(Reason: To ensure that the form of the development undertaken is in accordance with
the determination of Council, Public Information)
Section 94 Contributions (Section 96 – DA.19/16/5) C40A. A monetary contribution pursuant to the provisions of Section 94 of the
Environmental Planning and Assessment Act 1979, in accordance with the North
Sydney Council Section 94 Contribution Plan for the public amenities/ services
detailed in column A below and, for the amount detailed in column B below, must be
paid to Council. A B
Administration $ 125.62
Community Centres $ 570.27
Childcare Facilities $ 217.59
Library and Local Studies Acquisitions $ 106.40
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 9
Library Premises and Equipment $ 329.07
Multi Purpose Indoor Sports Facility $ 89.86
Olympic Pool $ 292.67
Open Space Acquisitions $ 3,586.65
Open Space Increased Capacity $ 7,109.39
Public Domain Improvements $ 281.02
Traffic Improvements $ 344.97
TOTAL $ 13,053.51
The contribution MUST BE paid prior issue of the Construction Certificate.
The above amount, will be adjusted for inflation by reference to the Consumer Price
(All Ordinaries) Index applicable at the time of the payment of the contribution.
A copy of the North Sydney Section 94 Contribution Plan can be viewed at North
Sydney Council’s Customer Service Centre, 200 Miller Street, North Sydney or
downloaded via Council’s website at www.northsydney.nsw.gov.au
(Reason: To retain a level of service for the existing population and to provide the same
level of service to the population resulting from new development)
Security Deposit/Guarantee Schedule C41. 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
Drainage Damage Bond 6,500.00
Drainage Construction Bond 3,500.00
Engineering Construction Bond 35,000.00
TOTAL BONDS $50,000.00
Note: The following fees applicable
Fees
Section 94 Contribution $160,982.56
Section 94 Contribution (S96) $13,053.51
Affordable Housing Contribution $273,000.00
TOTAL FEES $447,036.07
(Reason: Compliance with the development consent)
BASIX Certificate C42. Under clause 97A(3) of the Environmental Planning & Assessment Regulation
2000, it is a condition of this development consent that all the commitments listed in
BASIX Certificate No. 698075M_06 for the development are fulfilled. Plans and
specifications complying with this condition must be submitted to the Certifying
Authority for approval prior to the issue of any Construction Certificate. The Certifying
Authority must ensure that the building plans and specifications submitted, referenced
on and accompanying the issued Construction Certificate, fully satisfy the requirements
of this condition.
(Reason: To ensure the proposed development will meet the Government’s
requirements for sustainability and statutory requirements)
6. IPP05: 47A King Street, Wollstonecraft - DA172/17
Applicant: Wise International C/-City Planning Works
Report of George Youhanna, Executive Planner, 19/9/2017
This development application seeks Council’s approval for demolition of the existing
dwelling and construction of a residential flat building containing six (6) dwellings,
with basement parking.
Council’s notification of the proposal has attracted 22 submissions raising particular
concerns about height, bulk and scale, character, traffic, parking, views, privacy, solar
access, non-compliances, overdevelopment and other issues. The assessment has
considered these concerns as well as the performance of the application against the
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 10
applicable planning requirements. This application is referred to the Panel due to the
public interest and due to the number of submissions exceeding ten (10).
Following this assessment, the development application is considered to be reasonable
in the circumstances and is recommended for approval subject to conditions.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, as the consent authority, assume
the concurrence of the Director General of the Department of Planning and invoke the
provisions of Clause 4.6 with regard to the exception to the development standard for
height, and grant consent to Development Application No. 172/17 subject to the
attached conditions.
7. IPP06: 58 Ancrum Street, Waverton (W) - DA125/17
Applicant: Nicholas Kough
Report of David Hoy, Team Leader Assessments, 20 September 2017
The application seeks consent for alterations and additions to 58 Ancrum Street,
Waverton; including demolition of the existing rear and original fabric, internal
reconfigurations and a two level addition to create a 4 bedroom, two-bathroom
dwelling.
The application is reported to North Sydney Independent Planning Panel for
determination due to interest by Councillor Baker and former Councillor Morris. Council’s notification of the proposal has attracted four (4) submissions and one (1)
petition raising issues pertaining to the impacts of the development on heritage
significance of the area, the over development of the site, solar access, bulk and scale,
non-compliant landscaped area, height and setbacks, privacy and loss of outlook.
The assessment has considered these concerns as well as the performance of the
application against Council’s planning requirements.
The proposal has been found to be inconsistent with a number of sections of the NSLEP
2013 and the NSDCP 2013.
The proposal is contrary to the aims of the North Sydney Local Environmental Plan
2013 and the zone objectives. The built form and scale of the proposed addition are
inconsistent, uncharacteristic and would overly dominate the existing characteristic
built form of the existing dwelling. The resultant development would have a significant
and detrimental impact on the Union, Bank and Thomas Street Conservation Area. The
proposed development also exceeds the maximum 60% site coverage control for the
subject site. The lack of consideration to the site coverage and density/scale of the
proposed dwelling does not align with LEP & DCP provisions.
Furthermore, the application is deficient and is not in the public interest.
Following this assessment, the development application is considered to be
unreasonable in the circumstances and is recommended for refusal.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the
General Manager as the consent authority, refuse development consent to
Development Application No. 125/17 for alterations and additions to a detached
dwelling including two (2) level rear addition on land 58 Ancrum Street, Waverton as
shown on plans identified in the table below, for the reasons as follows: Plan No. Issue Title Dated Drawn by Received
A_000 B COVER SHEET 19.06.2017 Kough Design 27.6.2017
A_005 B SITE PLAN – PROPOSED 19.06.2017 Kough Design 27.6.2017
A_090 B EXISTING + DEMO 19.06.2017 Kough Design 27.6.2017
A_100 B FLOOR PLANS –
PROPOSED
19.06.2017 Kough Design 27.6.2017
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 11
Plan No. Issue Title Dated Drawn by Received
A_150 B ROOF PLAN -
PROPOSED
19.06.2017 Kough Design 27.6.2017
A_210 B ELEVATIONS –
PROPOSED 1
19.06.2017 Kough Design 27.6.2017
A_211 B ELEVATIONS –
PROPOSED 2
19.06.2017 Kough Design 27.6.2017
A_212 A SECTIONAL
ELEVATION 1
19.06.2017 Kough Design 27.6.2017
A_300 B SECTIONS 1 19.06.2017 Kough Design 27.6.2017
A_301 B SECTIONS 2 19.06.2017 Kough Design 27.6.2017
REASONS FOR REFUSAL
1. Uncharacteristic Built Form, Scale and Adverse Heritage Impacts
The built form and scale of the proposed addition are inconsistent, uncharacteristic and
would overly dominate the existing characteristic built form of the existing dwelling.
The resultant development would have a significant and detrimental impact on the
Union, Bank and Thomas Street Conservation Area.
Particulars:
(a)The proposed rear addition extends substantially above the ridge line of the existing
cottage, by 2m and would have a highly uncharacteristic form and built character.
(b)The proposed development introduces a highly uncharacteristic built form with a
character that is inconsistent in scale with surrounding development and forms an
intrusive element within the streetscape.
(c)The character of this part of Ancrum Street is defined by modest, single storey
weatherboard cottages, similar in scale, form and character to the existing cottage on
the site, having hipped or gabled roof forms which originate from the significant era of
development of the Union/Bank/Thomas Conservation Area
(d)The folded skillion roof is a contemporary form is highly unsympathetic to the
character of the conservation area. A contemporary roof form would only be acceptable
if located where it was not visible from the public domain.
(e)The proposed addition will be visible from Ancrum Street and highly visible from
the adjacent public park. The resulting built form would be uncharacteristic within the
precinct.
(f)The proposal involves extensive demolition, including all but the two front rooms of
the original cottage on the site. This leaves the original chimney isolated from the
cottage, to be incorporated into an outdoor entertainment area. (g)The proposed scope
of demolition is considered inappropriate and the isolation of the chimney from the
main cottage form is not supported.
(h)The proposal would not satisfy the aims of the plan in clause 1.2(2) of the North
Sydney Local Environmental Plan 2013. The proposal is considered to be out of scale
and out of keeping with the character of the heritage conservation area. The proposal
does not protect the natural or cultural heritage significance of the North Sydney Area.
(i)The proposal is inconsistent with the objectives for heritage conservation in clause
5.10 of the LEP as the development fails to conserve the environmental heritage of
North Sydney by significantly degrading the fabric of the conservation area and
introducing non-characteristic built elements.
The proposal does not satisfy the following provisions contained in the North Sydney
Development Control Plan 2013:
Inadequate setback from western and southern boundaries.
Section B1.4.5 (Setbacks) the extension/replacement of the 0m setback (boundary)
wall with No. 65 Euroka Street. No neighbours consent was received as part of the
application. The minimum side setback is 900mm unless P3 is specifically applied for.
The SEE did not include an application for varying the side setbacks in accordance with
P3.
Inadequate provisions in place to manage ‘nil’ 0m boundary setback to the southern
boundary with No 65 Euroka Street.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 12
The proposed southern wall of the first floor, identified as ‘sloped roof’, contains
storage floor space (usable floor space) and is therefore considered a wall. The wall
does not meet the minimum 1.5m setback required.
Section B13.6.2 (Form Massing and Scale) the proposed development is
inconsistent with the provision of this control in that it does not reflect the bulk, mass,
scale, orientation, curtilage and setbacks of surrounding heritage and contributory
items, nor does it recognise and complement the predominant architectural scale and
form of the area. The development is considered to have a detrimental impact on the
characteristic built form of the area.
Section B13.6.3 (Roofs) the proposed folded skillion roof is a contemporary form
that is not characteristic to the area, and would only be acceptable if located in an area
where it was not visible from the public domain (below and behind the existing cottage).
The roof is highly visible from Ancrum Street and the adjacent public reserve to the
north of the site.
Section B13.6.4 (Additional Stories and Levels) the proposal fails to comply with
Council’s controls in relation to additional storeys and levels, which requires that
development within Conservation Areas ensures that the streetscape and context of the
heritage conservation area are respected, noting specifically that ‘additional storeys or
upper level additions are not supported in heritage conservation areas’ (13.6.4 P1).
The proposal to introduce an additional storey, 2m higher than the existing ridge line
and highly visible from the Ancrum Street frontage is inconsistent with these controls.
2.Aims and zone objectives The proposal is contrary to the aims of the North Sydney Local Environmental Plan
2013 and the zone objectives.
Particulars:
(a)The proposal would not satisfy the aims of the plan in clause 1.2(f) of the North
Sydney Local Environmental Plan 2013 as the development is not consistent with the
character of the conservation area and will adversely affect the built heritage of North
Sydney.
(b)The proposal is inconsistent with the objective for the R2 Low Density Residential
zone in clause 2.3 and Land Use Table of the North Sydney Local Environmental Plan
2013. The proposal is considered to be over sized in terms of levels, bulk and scale and
compromises the cultural heritage of the area.
3. Site Coverage & Density The proposed development exceeds the maximum 60% site coverage control for the
subject site. The lack of consideration to the site coverage and density/scale of the
proposed dwelling does not align with LEP & DCP provisions.
Particulars:
(a)The proposal would not satisfy the aims of the plan in clause 1.2(2) of the North
Sydney Local Environmental Plan 2013. The proposal is considered to be out of scale
and out of keeping with the character of the conservation area and nearby heritage
items. This scale introduces unacceptable built form impacts being highly visible form
the public domain and not aligned with the desired future character of the area.
(b)The proposal does not satisfy the following provisions contained in the North
Sydney Development Control Plan 2013:
i.Section B1.5.5 (Site Coverage) the proposal does not meet the objectives of the site
coverage control. The site area is approx. 157.8m2. The site is required to have a
maximum site coverage of 60%, the existing dwelling has a site coverage of 46% the
proposal is for 61.2% site coverage. This results in a lack of functional private open
space (POS).
ii.Section B1.5.10 (Private and Communal Open Space) the proposal does not meet
the objectives of the Private and Communal Open Space (POS) control. There is no
portion of the site, outside the dwelling footprint with the minimum 4m dimension
required to constitute POS. This indicates an excessive building footprint that does not
respond to the site constraints.
4. Public Interest
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 04/10/17 Page No 13
The application is deficient and is not in the public interest. The matters raised in the
submissions warrant refusal of the application.
Particulars:
(a)The application is deficient in its current form and does not adequately respond to
the site constraints and context within the heritage conservation area. The lack of
consideration to the existing character and heritage significance of the area has not
enabled Council or others to clearly understand the nature of the proposal or the impacts
on surrounding land.
(b)A total of four (4) and one (1) petition containing 21 signatures submissions have
been received to the proposal. The issues raised in the submissions include the
following:
i. Bulk, scale and height of the development not being consistent with the conservation
area having impacts on neighbouring amenity
ii. Density of development/overdevelopment of the site including excessive site
coverage and the potetnialf0or drainage issues.
iii. Setbacks, particularly to the southern boundary impacting the adjoining neighbour
iv. Loss of outlook/sky views the bulk and visual prescience of the proposal could
diminish outlook and sky view form surrounding properties.
v. Loss of privacy both acoustic and visual
Reduced solar access
(c)The matters raised by the resident objectors, in so far as those matters coincide with
the Contentions above, are matters warranting refusal of the application.
N O R T H S Y D N E Y C O U N C I L
This is Page No 1 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 6 September 2017.
NORTH SYDNEY INDEPENDENT PLANNING PANEL
DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL
MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 6 SEPTEMBER
2017, AT 2.00PM.
PRESENT
Chair:
Jan Murrell in the Chair.
Panel Members:
Peter Brennan, Panel Member
Ian Pickles, Panel Member
Francesca O’Brien, Panel Member
Staff:
Stephen Beattie, Manager Development Services
David Hoy, Team Leader Assessments
Robyn Pearson, Team Leader Assessments
Kim Rothe, Acting Executive Planner
Robin Tse, Senior Assessment Officer
Lucinda Varley, Conservation Planner/Heritage Officer
George Youhanna, Executive Assessment Planner
Melissa Dunlop, Governance Co-ordinator (Minutes)
Apologies: Nil.
1. Minutes of Previous Meeting
The Minutes of the NSIPP Meeting of 2 August 2017 were confirmed following that meeting.
2. Declarations of Interest
Francesca O’Brien – Non-pecuniary, non-significant. Item 6 - DA474/16/2, 29 Milray Avenue,
Wollstonecraft. Jeremy Swan (Planner) was known to her.
Note: Francesca O’Brien was only present for site inspections for Agenda Items 1 and 2. However, the
Charter requires a quorum of three.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 2
This is Page No 2 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 6 September 2017.
3. Business Items
The North Sydney Independent Planning Panel under the Delegated Authority granted by North Sydney
Council and s.377 of the Local Government Act 1993 has considered the following Business Items and
resolves to determine each matter as described within these minutes.
ITEM 1
DA No:
187/17
ADDRESS:
70 Ellalong Road, Cremorne
PROPOSAL:
Alterations and additions to an existing single storey detached
dwelling including a two storey rear addition, a double garage and a
swimming pool.
REPORT BY NAME:
Robin Tse, Senior Assessment Officer
REASON FOR NSIPP
REFERRAL:
Further report to NSIPP due to non-compliance with DCP’s site
coverage control.
APPLICANT: Carol Maree Johnston
Public Submissions
Robert Johnston - owner
Kandace Lindeberg - planner
Business Item Recommendations
The Council Officer’s Report and Recommendation is generally endorsed by the Panel subject to an
amendment to the conditions requiring a 1.2 metre setback for the swimming pool on the north-eastern
boundary and a clear 10 metre rear setback to the two storey rear addition (this includes the first level
balcony and roof and the ground floor). As discussed with the applicant, the landscape plan is to be
amended to provide for a canopy tree to reach a mature height of approximately 10 metres in the rear
yard. Consequential amendments to the conditions AA1 and C2 are to reflect this.
(Panel Reason: The 10 metre and 1.2 metre requirements of Council’s DCP will be met by the above
changes. And given the circumstances of the case, the Panel is satisfied that the objectives of the site
coverage controls are met. The Panel noted that in the area zoned Residential including the R2 across
the road, the pool could be built as complying development whereas the E4 zone requires a
Development Application.)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell Y Peter Brennan Y
Ian Pickles Y Francesca O’Brien Y
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 3
This is Page No 3 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 6 September 2017.
ITEM 2
DA No:
387/16/2
ADDRESS:
53 Reynolds Street, Cremorne
PROPOSAL:
Section 96 Application to modify DA387/16 with regards to the
relocation of the entries to houses 3 and 4, changes to lift, internal
changes to houses 3, 4, 5 and 6, addition of car park exhaust, air
conditioning condensers relocated to the roof of building A, toilet
added to the basement level and the skylights relocated on the roof.
REPORT BY NAME:
Luke Donovan, Senior Assessment Officer (Planning)
REASON FOR NSIPP
REFERRAL:
Public interest
APPLICANT: HJ Two Pty Ltd
Public Submissions
Andrew Vingilis - applicant
Kerry Gordon - planner
Business Item Recommendations
The Council Officer’s Report and Recommendation is endorsed by the Panel.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell Y Peter Brennan Y
Ian Pickles Y Francesca O'Brien Y
ITEM 3
S.82A DA No:
Section 82A No. 1/2017 - DA430/16
ADDRESS:
66 Colin Street, Cammeray
PROPOSAL:
Alterations and additions to the existing dwelling including a rear
two storey addition and a swimming pool in the rear setback of the
site.
REPORT BY NAME:
George Youhanna, Executive Assessment Planner
REASON FOR NSIPP
REFERRAL:
Review of determination under s.82A, where the DA was
determined by NSIPP.
APPLICANT: Clare Carter, Contemporary Architecture
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 4
This is Page No 4 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 6 September 2017.
Public Submissions
Simon Rainsford - submitter
Deborah Yong - submitter
Paul Johnston - owner
Clare Carter - applicant/architect
Business Item Recommendations
The Council Officer’s Report and Recommendation for approval subject to conditions, is endorsed by
the Panel subject to the following amendments:
Condition A4 is deleted.
Condition A6 is amended to delete the words, “to the rear addition only”.
(Panel Reason: The Panel considers that the Section 82A plans satisfactorily address amenity impacts
and the proposal generally complies with all of Council’s controls and guidelines. The Panel is of the
opinion that the additional overshadowing of the adjoining property at Nos. 62 and 64 would not warrant
refusal or further alterations to the plans as submitted. Reasonable solar access in accordance with the
DCP is maintained. Furthermore, the Panel is of the view that the alterations to the front façade of the
original dwelling will make a positive contribution to the conservation area.)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell Y Peter Brennan Y
Ian Pickles Y
ITEM 4
DA No:
146/17
ADDRESS:
146 Atchison Street, Crows Nest
PROPOSAL:
Alterations to rear structure to use as garage.
REPORT BY NAME:
Susanna Cheng, Senior Assessment Officer
REASON FOR NSIPP
REFERRAL:
Councillor interest
APPLICANT: Tim Alexander
Public Submissions
Tim Alexander - applicant/architect
Andrew Scott - owner
Business Item Recommendations
The Council Officer’s Report and Recommendation is endorsed by the Panel subject to the following
notes or amendments to the conditions:
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 5
This is Page No 5 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 6 September 2017.
C1 – The applicant/architect is suitably qualified for the purposes of this condition.
C2 – Delete reference to property No. 144 Atchison Street.
C3 – Deleted.
C4 – Deleted.
C8 – Deleted.
E6 – Deleted.
G2 – Deleted.
G6 – Deleted.
(Panel Reason: To ensure that the conditions reflect the scope of works.)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell Y Peter Brennan Y
Ian Pickles Y
ITEM 5
DA No:
127/17
ADDRESS:
160 Willoughby Road, Crows Nest
PROPOSAL:
Demolition of existing building, construction of 4-storey mixed use
building comprising ground floor commercial and nine (9)
apartments.
REPORT BY NAME:
Susanna Cheng, Senior Assessment Officer
REASON FOR NSIPP
REFERRAL:
Variation to building height control.
APPLICANT: LAK Australia Pty Ltd, c/ PBD Architects - Paul Buljevic
Public Submissions
Kristen Chan - PBD Architects
Jason Tran - PBD Architects
Business Item Recommendations
The Council Officer’s Report and Recommendation is endorsed by the Panel subject to a correction to
Condition C18 to reference an amount of $55,000.
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell Y Peter Brennan Y
Ian Pickles Y
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 6
This is Page No 6 of the Minutes of the North Sydney Independent Planning Panel Meeting
held on 6 September 2017.
ITEM 6
DA No:
474/16/2
ADDRESS:
29 Milray Avenue, Wollstonecraft
PROPOSAL:
Section 96(2) for various modifications to approval including extension
to sandstone wall, timber framed lych gate, extension and rendering
around pool walls, upper northern roof extension and general
landscaping modifications.
REPORT BY NAME:
Kim Rothe, Acting Executive Planner
REASON FOR NSIPP
REFERRAL:
Councillor Call Up (Councillors Marchandeau and Baker)
APPLICANT: Shane Ly
Public Submissions
Jeremy Swan - planning consultant on behalf of owner
Anthony Restuccia - submitter
Bill Tulloch – architect on behalf of submitter
Lyndal Hughes - owner
Business Item Recommendations
The Council Officer’s Report and Recommendation is endorsed by the Panel subject to Condition C26
being modified to provide for a low planter of a maximum of 600mm above the terrace level and 750mm
wide with additional balustrading to comply with the National Construction Code. Condition I1 shall
be amended to delete the first sentence. An additional condition is to be imposed requiring the southern
boundary to be re-surveyed prior to an Occupation Certificate.
(Panel Reason: The Panel is satisfied that the above conditions will provide for adequate privacy,
maintain reasonable solar access to No. 27 Milray Avenue and will ensure that all works will be done
wholly within the boundaries of the site.)
Voting was as follows: Unanimous
Panel Member Yes No Panel Member Yes No
Jan Murrell Y Peter Brennan Y
Ian Pickles Y
The public meeting concluded at 4.05pm.
The Panel Determination session commenced at 4.20pm.
The Panel Determination session concluded at 6.00pm.
Endorsed by Jan Murrell
North Sydney Independent Planning Panel
6 September 2017