Item IPP13 - REPORTS - North Sydney Council...Hampden Street Terraces Group (Nos. 6, 8, 10, 12 and 14 Hampden Street) Report of Adonna See, Graduate Assessment Officer Page 7 Re: DA

Item _____IPP13______ - REPORTS -____05/08/2015_____

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 5/08/2015

Attachments:

1. Site Plan 2. Architectural Plans

3. Clause 4.6 Request for variation to Clause 4.3 Building Height of NSLEP 2013 ADDRESS/WARD: 8 Hampden Street, North Sydney (V) APPLICATION No: DA 125/15 PROPOSAL: Alterations and additions to existing terrace dwelling and new

masonry fences to side boundaries at the rear PLANS REF: Drawings numbered 1303.DA01/A, 1303.DA02/A,

1303.DA04/A8, 1303.MS01, 1303.MS02, dated 6 March and 15 May 2015, drawn by L.C. Projects, and received by Council on 28 April and 25 June 2015

OWNER: Mr. David Brown and Ms. Janice Brown APPLICANT: L.C. Projects AUTHOR: Adonna See, Graduate Assessment Officer DATE OF REPORT: 23 July 2015 DATE LODGED: 28 April 2015 RECOMMENDATION Approval

Report of Adonna See, Graduate Assessment Officer Page 2 Re: 8 Hampden Street, North Sydney

EXECUTIVE SUMMARY This development application seeks Council’s approval for alterations and additions to an existing terrace dwelling and new masonry fences to side boundaries at the rear. The application is reported to North Sydney Independent Planning Panel for determination because the variation sought to the building height development standard is greater than 10% requiring determination by the NSIPP in accordance with the directions from the NSW Department of Planning. The owners of adjoining properties and the Stanton Precinct were notified of the proposed development on 8 May 2015. The notification plans did not include details of the proposed new masonry fences to the rear of the site - further notification to the adjacent neighbours at Nos. 6 and 10 Hampden Street of these additional plans was conducted on 29 June 2015. Council’s notification of the proposal and renotification of the proposed masonry fences has not attracted any submissions The assessment has considered the performance of the application against Council’s planning requirements under NSLEP 2013 and NSDCP 2013. The written submission provided addressing the requested variation to the height of building control is considered to be well founded and the proposed height variation considered to be acceptable. The development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions. .

LOCATION MAP

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Re: Page 3

Property/Applicant Submittors - Properties Notified

8 Hampden Street North Sydney - DA125/15

Report of Adonna See, Graduate Assessment Officer Page 4 Re: DA 125/15 - 8 Hampden Street, North Sydney

DESCRIPTION OF PROPOSAL The development application seeks consent for alterations and additions to the existing terrace dwelling including rear addition and landscaping, internal reconfiguration of living spaces to the ground and first floors, new door to storage area to the front elevation, and new masonry fences to the side boundaries at the rear of the subject site. In detail, the proposed works include: Ground Floor

- Addition to the width of the rear terrace, partially infilling the existing breezeway (measuring approximately 5.5m²) and associated slab work;

- Landscaping works to the rear gardens - addition of approximately 6.2m² of landscape area;

- Erection of 1.8m masonry fencing on eastern and western boundaries of rear yard; - Replacement of existing timber vergola; - New pergola to courtyard along eastern elevation; - Reconfiguration of living and dining spaces; - New windows to north and east elevation.

First Floor

- Reconfiguration of bathroom and study room spaces; - New juliet balcony to northern elevation - New roof to rear extension; - New skylight to replace existing solar tube over hallway.

Street Access off Hampden Street

- New access door to south elevation for bin and storage area; - Concrete slab under verandah for storage area.

Figure 1. Proposed South Elevation


Figure 1. North and East Elevations showing proposed works

Figure 2. First Floor Plan showing proposed extension to the rear

STATUTORY CONTROLS North Sydney LEP 2013

Zoning - R3 Medium Density Residential Item of Heritage - Yes In Vicinity of Item of Heritage - Yes (2, 4, 6, 10, 12 and 14 Hampden Street; 144-152

and 185 Walker Street) Conservation Area - No FSBL - No

Environmental Planning & Assessment Act 1979 SEPP 55 - Contaminated Lands SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS DCP 2013

Proposed extension to width of rear addition


DESCRIPTION OF LOCALITY The site has a legal description of Lot 502 of DP 262512 and is commonly known as 8 Hampden Street, North Sydney. The site is located on the northern side of Hampden Street between Walker Street and the Warringah Freeway. The site is rectangular in shape with a frontage to Hampden Street of approximately 5.12m and a total site area of 142.5m². The rear boundary of the site is a 6.5m sandstone rock face.

Image 1. Aerial Photograph of Subject Site. Source: Nearmap.com.au

The site is occupied by a two storey, Victorian terrace dwelling which is one of a group of five terraces that form the Hampden Street Terraces Group.

Image 2. Hampden Street Terraces Group (Nos. 6, 8, 10, 12 and 14 Hampden Street)


Image 3. Front Facade of Subject Site

Image 4. Eastern Side of Rear Extension

Image 5. Existing Rear Extension


Image 6. Rear Yard Area

Image 7. Existing Fence to rear eastern boundary (similar fence to western boundary)

Surrounding development includes commercial to the south and west, and residential flat buildings to the north and east. RELEVANT HISTORY Surrounding Sites 2 Hampden Street DA 53/11 and subsequent S96 for alterations and additions (rear single storey addition) to existing terrace dwelling were approved under delegation on 1 June 2011 and 17 June 2014 respectively.


4 Hampden Street DA 8/06 and subsequent S96 proposing internal alterations, new balustrade at the front and a new addition to the side of the dwelling were approved under delegation on 29 March 2006 and 13 September 2009 respectively. 14 Hampden Street DA 183/15 proposing a second storey addition to the rear of the existing terraced dwelling was lodged with Council on 2 June 2015. The application is currently under assessment and will also be referred to the North Sydney Independent Planning Panel for determination. Subject Site DA 835/00 for the erection of a roofed pergola with adjustable roof louvres at the rear of the existing residence was approved under delegation on 24 August 2000. DA 397/01 for the construction of a new garage under the two-storey terrace was refused by Council on 27 June 2001. This DA was submitted as part of a group of DAs requesting garages for the entire row of terraces along the northern side of Hampden Street. DA 96/15 for alterations and additions to the existing terrace dwelling was rejected for lack of neighbouring owner’s consent, inaccurate value of works, coloured plans showing all new works and a Clause 4.6 request for variation to Clause 4.3 Building Height. The applicant has sought to address these issues within the subject DA. Subject DA 28 April 2015 Development Application is lodged with Council 30 April 2015 Additional Information requested from applicant (Compliance

Diagram) 5 May 2015 Site Inspection 20 May 2015 Details of proposed masonry fence received by Council for comment 25 June 2015 Details of proposed masonry fence formally submitted to Council 29 June 2015 Details of proposed masonry fence renotified to adjacent neighbours at

Nos. 6 and 10 Hampden Street REFERRALS Building The proposal would have to comply with the Building Code of Australia. A condition can be imposed to ensure compliance. Heritage The subject development application was referred to Council’s Conservation Planner for comment. The following comments and recommended conditions were provided:

The subject property is a heritage item but is not located in a conservation area. It is one


of five Victorian Filigree terraces that form the Hampden Street Terraces Group. The dwelling is a two storey rendered building with a skillion roof behind a parapet wall. The proposed addition will partially infill the existing breezeway, however it will still be readily interpretable. The addition will not be visible from the public domain, is submissive in both bulk and scale relative to the original dwelling and is only at Ground Level. It is therefore considered to be acceptable. The proposed interior alterations are also considered to be acceptable as the primary entrance hallway, staircase and primary rooms are to remain. The opening of the Dining Room into the Hallway is considered to be compliant as nib walls will allow for the interpretation of the original spatial arrangement. The proposed demolition at the rear is considered to be compliant as the rear is considered to be of low significance. The proposed new fenestration is designed to be sympathetic to the character of the Victorian terrace. The proposal intends to match new materials with existing materials. The proposed new door on the street elevation is non-compliant with NSDCP 2013 Part B Section 13.5.2 Provision P1 Locate alterations and additions away from principal elevations and primary forms, and behind and below the main ridge line in that the proposed new storage area in the sub-floor will have an entrance door on the primary elevation. No objection is raised however, as the new opening will not detract from the presentation of the primary form of the terrace and is set below the decorative verandah. The new storage area will also have the positive benefit of allowing the garbage bins and bicycles to be stored out of sight rather than being an obstacle to the entrance stairs and creating visual clutter. The proposal is therefore considered to satisfy Clause 5.10 of NSLEP 2013 and to be generally compliant with Section 13 in Part B of NSDCP 2013. The following conditions are recommended: A4 No Demolition of Extra Fabric E11 Removal of Extra Fabric Roof Sheeting New roof sheeting to have a corrugated profile. (Reason: To be consistent with the palette of materials used on the Hampden Street Terraces Group.) New Windows and Doors New windows and doors to be timber framed. (Reason: To be consistent with the palette of materials used on the Hampden Street Terraces Group.)


Finishes, Materials and Exterior Colours The exterior colour scheme shall be complimentary to the terrace and to the other terraces within the Hampden Street Terraces Group. A schedule of finishes, materials and external colours shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.

Engineering/Geotechnical The subject development application was referred to Council’s Development Engineer for comment. No objections were raised to the proposed development and several conditions were recommended relating to the protection of public infrastructure and stormwater management. These have been included in the Standard Conditions Appendix attached to this report. SUBMISSIONS The owners of adjoining properties and the Stanton Precinct were notified of the proposed development on 8 May 2015. The notification plans did not include details of the proposed new masonry fences to the rear of the site - further notification to the adjacent neighbours at Nos. 6 and 10 Hampden Street of these additional plans was conducted on 29 June 2015. Council’s notification of the proposal and renotification of the proposed masonry fences has not attracted any submissions CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP 2013 as indicated in the following compliance tables. More detailed comments with regard to the major issues are provided later in this report. 1. Permissibility within the zone: The site is identified under the LEP as being included within the R3 Medium Density Residential zone. The proposal for the purpose of a dwelling house is permissible in the zone. 2. Zone Objectives The development satisfies the specific aims of the plan and the objectives of the R3 Medium Density Residential zone contained in Clause 2.3 and the Land Use Table of NSLEP 2001. In particular, the development will encourage a mix of housing types within the area. The application has been assessed against the relevant numeric controls in NSLEP 2013. More detailed comments with regard to the major issues are provided below the table.


NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area - 142.5m² Proposed Control Complies Clause 4.2 - Heights of Building 6.8m (no change - new

skylight in roof) 5.5m NO

3. Building Height The proposal includes alterations and additions to the existing terrace dwelling, with proposed works having a maximum height of 6.8m and therefore does not comply with Clause 4.3 (2B) of the North Sydney Local Environmental Plan 2013, which specifies a maximum building height of 5.5m for the site. The applicant has submitted a written request to vary this development standard pursuant to Clause 4.6 of the NSLEP 2013, addressed below. Clause 4.6 Exceptions to Development Standards A portion of the proposed works, specifically the replacement of the solar tube over the landing area on the first floor with a skylight, will have a maximum height of 6.8m above existing site levels and contravenes Clause 4.3(2B) of the North Sydney Local Environmental Plan 2013, which specifies a maximum building height of 5.5m. In regards to this non-compliance, the applicant has submitted a written request to vary this development standard, pursuant to Clause 4.6 of the NSLEP 2013. Given the above, the proposed breach has been assessed in accordance with the requirements of Clause 4.6(3), the objectives of the control and the zone. These matters have been considered below: To promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient, The proposal does not seek alteration to the natural landform of the site and is characteristic of the locality. To promote the retention and, if appropriate, sharing of existing views, The proposal does not involve any reduction to the existing views of neighbouring and adjacent dwellings. To maintain solar access to existing dwellings, public reserves and streets, and to promote solar access for future development, The proposal does not impact on existing solar access to adjacent dwellings, public reserves and streets and enhances solar access for the subject dwelling. To maintain privacy for residents of existing dwellings and to promote privacy for residents of new buildings,


The proposal does not impact on the privacy for residents of the subject and neighbouring dwellings and promotes privacy for residents of new buildings. To ensure compatibility between development, particularly at zone boundaries, The proposal is located within, and considered compatible with, the R3 Medium Density Residential Zone. (f) To encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area. The proposed works to the interior of the existing dwelling, the proposed rear extension, and works to the rear yard are considered to result in a scale and density of development that is in accordance with, and promotes the character of the area. It is concluded that the amended proposal would not have an adverse impact on the character of the locality and the amenity of adjoining properties would be maintained. Having regard to the above, the request under Clause 4.6 in NSLEP 2013 seeking a variation to the LEP building height control is considered to be well-founded and strict compliance with the standards is unnecessary in the circumstances. 4. Heritage The application has been assessed against the relevant heritage objectives and provisions as contained in Clauses 5.10 of North Sydney LEP 2013 in relation to heritage conservation. Heritage comments have been provided in the Referrals section of this report. 5. North Sydney Development Control Plan 2013 DCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments

1.2 Social Amenity

Population Mix /Maintaining Residential Accommodation

Yes Residential accommodation and mix will be maintained.

1.3 Environmental Criteria Topography Yes The proposed development does not involve any changes to the

topography of the site.

Views Yes The proposed development does not impact on any existing views of adjacent dwellings.

Solar Access Yes The proposed development does not impact on the solar access to adjacent dwellings. The proposed replacement of the solar tube over the hallway to the first floor will result in increased solar access to the subject dwelling.

Acoustic Privacy No Change

The proposed development does not involve any changes to the acoustic privacy of the subject and surrounding dwellings.


Visual Privacy Yes (via

condition) The proposed development involves various changes to window openings on the north and east elevations. Changes to the ground floor windows will not have any adverse privacy impacts to the adjoining dwelling (No. 10 Hampden Street). The proposed Juliette balcony to the first floor on the northern elevation replaces an existing window. While the privacy impacts to adjacent neighbours is not considered to be a concern, a condition is recommended to ensure that balcony does not project greater than 150mm to ensure that no additional overlooking is possible.

1.4 Quality built form Context Yes The proposed development is in keeping with character and

context of the area.

Siting Yes The proposed development does not involve any changes to the building orientation and siting.

Setback – Side Yes The proposed development includes a side extension of the existing rear addition. The addition partially infills the existing breezeway bringing this section of the rear from 1.9m to within 900mm of the eastern boundary. While this does result in a change to this portion of the site, the side setbacks of the original portion of the dwelling are at 0m on either boundary in line with terrace dwellings. The proposed changes to the eastern setback are therefore considered to be acceptable.

Setback - Rear No Change

The proposed development does not involve any changes to the existing rear setback.

Form Massing Scale Yes The proposed changes to the form of the building are in keeping with the existing character of the area and, in particular, with the form and scale of the other terraces along Hampden Street.

Built Form Character Yes The proposed changes to the built form of the existing dwelling are considered to be minor and in keeping with the character of the area and with the other terraces along Hampden Street.

Roofs Yes (via Condition)

The proposed development includes the replacement of the existing skillion roof to the rear addition. The new roof will maintain the 6 degree pitch and will extend over the proposed infill of the breezeway beneath. A condition has been recommended by Council’s Heritage Officer to ensure that the material of the new roof will be consistent with the materials used in the Hampden Street Terraces Group.

Materials Yes (via Condition)

The proposed development includes the replacement of various doors and windows, particularly along the north and east elevations, and other changes to the exterior of the existing building. Conditions have been recommended by Council’s Heritage Officer to ensure that all finishes and materials (including those used on the proposed new doors and windows) are to be consistent with materials used in the surrounding area.

1.5 Quality Urban Environment High Quality Residential Accommodation

Yes The proposed development involves changes to the existing dwelling that will enhance its amenity, particularly with regards to internal reconfigurations. The proposed changes to the existing


dwelling will allow for better usability of internal spaces without compromising the heritage significance of the state or impacting adversely on the surrounding area.

Site Coverage Max. 60% of 142.5m² as per s1.5.5 Landscaped Area Min. 20% as per s1.5.6 Unbuilt Upon Area Max. 20% as per s1.5.6

Yes The proposed development includes an increase in site coverage through the addition to the rear as well as a proposed permanent BBQ structure in the rear yard. The initial plans submitted to Council had also noted landscaped area in the rear that, during the site inspection, was confirmed to instead be paved area. Changes to site coverage and landscaped area were confirmed via a compliance diagram later submitted to Council as can be seen in the extract below:

Figure 3. Excerpt of Compliance Diagram submitted to Council The proposed changes to landscaped area are therefore as per below table:

Control Existing Proposed Site Cover 60%

max 90.8/63.7% 98.7/69.2%

Landscape 20% min

15.3/10.7% 21.5/15.1%

UBA 20% max

36.4/25.6% 22.3/15.6%

Although the proposal involves a non-compliance of 5.5% to the maximum site coverage, it alleviates the lack of landscape area by reintroducing 6.2m² or 4.4% and reducing the unbuilt upon area by 10%. Surrounding development, particularly amongst the group of terraces to which the subject site belongs, shows a general consistency in both site cover and landscape area (with site coverage being at or above 60%). The table below provides percentages as per most the recent DAs for neighbouring sites (such information was not available for the other neighbouring terraces). Additionally, the Nearmap image below also provides a visual representation of the extent of site coverage of adjoining and neighbouring terraces.

Site Site Area Site Cover Complies 6 Hampden Street 181.34m² 54% Yes 8 Hampden Street 142.5m² 69.2%

(proposed) No

10 Hampden Street 142m² 70% No 12 Hampden Street 141m² 71%

No


14 Hampden Street 147m² 70% No

Image 8. Aerial photograph showing extent of existing site coverage in adjacent terrace dwellings on Hampden Street Considering the small size of the lot and the built character of the group of terraces, this non-compliance is considered to be in keeping with the prevailing character of the area and is therefore considered to be acceptable. Additionally, the overall changes that are proposed are considered to have a positive impact on the subject site as a whole.

Excavation Yes (via Condition)

Minor excavation is proposed for the storage area beneath the front verandah. Excavation will remain above the existing footing level and will not change the topography of the subject site. Standard conditions have been included in the Appendix to this report to ensure that all excavation is done in an appropriate and safe manner.

Landscaping Yes As noted above, more landscaping is being introduced into the rear yard which is appropriate for the small site.

Private and Communal Open Space

Yes The minimum area of private open space for a semi detached dwelling with a lot size of 0-229m² is 40m². Although the proposal decreases outdoor open space to accommodate the extension of the rear addition, the subject site still contains approximately 45m² of usable, private open space.

Garbage Storage Yes The proposed development includes a small space under the existing front verandah that will house the garbage bins. This proposed garbage storage area is considered to be a better solution than the current situation where the bins are kept on the verandah.

1.6 Efficient Use of Resources Energy Efficiency Yes The applicant has provided a BASIX Certificate in support of the

development application. An appropriate condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

Passive Solar Design Yes The existing dwelling will retain its southerly aspect and has been


designed with regard to passive solar requirements, including the proposed skylight to replace the solartube over the first floor.

Thermal Mass and Insulation Yes The proposed changes to doors and fenestration as well as the replacement of the roof to the rear addition will improve existing thermal mass and insulation measures.

Natural Ventilation Yes As per BASIX Certificate.

Water Conservation Yes In accordance with the BASIX Certificate commitments: The applicant must ensure new or altered showerheads have a flow rate no greater than 9 litres per minute or a 3 star water rating. The applicant must ensure new or altered toilets have a flow rate no greater than 4 litres per average flush or a minimum 3 star water rating. The applicant must ensure new or altered taps have a flow rate no greater than 9 litres per minute or minimum 3 star water rating.

Stormwater Management Yes The proposed development involves connecting the downpipes of the new rear addition roof to the existing stormwater system.

Water Management and Minimisation

Yes The applicant has provided a BASIX Certificate in support of the development application. An appropriate condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

Green Roofs N/A The existing dwelling will retain the existing northerly aspect and has been designed with regard to passive solar requirements.

North Sydney Planning Area (Hampden Neighbourhood) The application has been assessed against the relevant controls in DCP 2013. The proposal is generally consistent with Part C of NSDCP 2013, in particular, the Character Statement in Section 2.4 which provides for the Hampden Neighbourhood within the North Sydney Planning Area. In particular, the development is in keeping with the surrounding, residential accommodation and maintains the heritage features of the surrounding area. SEPP 55 and Contaminated Land Management Issues The subject site has been considered in light of the Contaminated Lands Management Act and it is considered that as the site has been used for residential purposes for many years, contamination is unlikely. SREP (Sydney Harbour Catchment) 2005 The subject site is not within part of North Sydney that is required to be considered pursuant to SREP (Sydney Harbour Catchment) 2005. 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 N/A 6. Loading and Servicing facilities N/A 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues N/A 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 SUBMITTERS CONCERNS The owners of adjoining properties and the Stanton Precinct were notified of the proposed development on 8 May 2015. The notification plans did not include details of the proposed new masonry fences to the rear of the site - further notification to the adjacent neighbours at Nos. 6 and 10 Hampden Street of these additional plans was conducted on 29 June 2015. Council’s notification of the proposal and renotification of the proposed masonry fences has not attracted any submissions. CONCLUSION The proposed alterations and additions to the existing terrace dwelling including rear addition and landscaping, internal reconfiguration of living spaces to the ground and first floors, new door to storage area to the front elevation, and new masonry fences to the side boundaries at the rear are considered to be an appropriate use of the site and in accordance with the provisions of the zone. It is considered that the proposal substantially complies with Council’s development controls for, bulk, design, heritage, privacy and overshadowing, and would not present any material adverse impact to adjoining properties. The proposed works are consistent with the heritage significance of the existing building and will be compatible with the building and surrounding character. The assessment has considered the performance of the revised application against Council’s planning requirements under NSLEP 2013 and NSDCP 2013. Further, the revised application was reviewed by Council’s Conservation Planner who has responded in support of the proposal, subject to conditions. The


written submission provided addressing the requested variation to the height of building control is considered to be well founded and the proposed height variation considered to be acceptable. The application is therefore recommended for approval, subject to the imposition of the following conditions. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT NSIPP, 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. 125/15 for alteration and additions to the existing terrace dwelling at No. 8 Hampden Street, North Sydney, subject to the attached conditions. Roof Sheeting C1. New roof sheeting to have a corrugated profile.

(Reason: To be consistent with the palette of materials used on the Hampden Street

Terraces Group.) New Windows and Doors C2. New windows and doors to be timber framed.

(Reason: To be consistent with the palette of materials used on the Hampden Street

Terraces Group.) Finishes, Materials and Exterior Colours

C3. The exterior colour scheme shall be complimentary to the terrace and to the other

terraces within the Hampden Street Terraces Group. A schedule of finishes, materials and external colours shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate. (Reason: To ensure that exterior colours, finishes and materials are sympathetic

to the significance of the heritage item.) Balustrade to First Floor Balcony C4. The balustrade to the first floor balcony on the northern elevation must comply with

the following: 1) is to have a deck projection no greater than 150mm;


2) is to be constructed using metal railing to match existing balustrades.

(Reason: To maintain privacy to adjacent dwellings and to be consistent with the palette of materials used on the Hampden Street Terraces Group)

Masonry Fencing C5. The masonry fences to the rear, side boundaries are to be wholly contained within the

boundaries of the subject site. (Reason: To ensure that adjacent boundaries are maintained)

Adonna See David Hoy GRADUATE ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS Stephen Beattie MANAGER DEVELOPMENT SERVICES

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

8 HAMPDEN STREET, NORTH SYDNEY DEVELOPMENT APPLICATION NO. 125/15

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 amended by the following conditions of this consent.

Plan No. Title Drawn by Received

1303.DA01/A Site, Ground Floor, First Floor Plan L.C. Projects 28.04.15 1303.DA02/A Elevations and Section L.C. Projects 28.04.15 1303.DA04A/8 Boundary Fence Detail L.C. Projects 28.04.15

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

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times 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 development undertaken is in

accordance with the determination of Council, Public Information and to ensure ongoing compliance)

No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

ATTACHMENT TO IPP13 - 5/08/15 Page 21

8 HAMPDEN STREET, NORTH SYDNEY DEVELOPMENT APPLICATION NO. 125/15 Page 2 of 22

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Roof Sheeting C1. New roof sheeting to have a corrugated profile.

(Reason: To be consistent with the palette of materials used on the Hampden

Street Terraces Group.) New Windows and Doors C2. New windows and doors to be timber framed.

(Reason: To be consistent with the palette of materials used on the Hampden

Street Terraces Group.) Finishes, Materials and Exterior Colours

C3. The exterior colour scheme shall be complimentary to the terrace and to the other

terraces within the Hampden Street Terraces Group. A schedule of finishes, materials and external colours shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate. (Reason: To ensure that exterior colours, finishes and materials are sympathetic

to the significance of the heritage item.) Balustrade to First Floor Balcony C4. The balustrade to the first floor balcony on the northern elevation must comply with

the following: 1) is to have a deck projection no greater than 150mm; 2) is to be constructed using metal railing to match existing balustrades.

(Reason: To maintain privacy to adjacent dwellings and to be consistent with the

palette of materials used on the Hampden Street Terraces Group) Masonry Fencing C5. The masonry fences to the rear, side boundaries are to be wholly contained within the

boundaries of the subject site. (Reason: To ensure that adjacent boundaries are maintained)



Dilapidation Survey Private Property (Neighbouring Buildings) C6. A photographic survey and dilapidation report of adjoining property No. 6 Hampden

Street detailing the physical condition of that property, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: Proper management of records)

Structural Adequacy (Semi Detached and Terrace Buildings) C7. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining property No. 6 Hampden Street which certifies its ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

Under no circumstances shall the party or common wall be extended or altered without the prior written consent of the adjoining owner. Any such extension of the party wall shall be noted on title by way of appropriate easement or Section 88B instrument.

(Reason: To ensure the protection and structural integrity of adjoining

properties, and that common law property rights are recognised)



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 submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.

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

Sediment Control C9. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: 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 submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:

a) All details of drainage to protect and 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 programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during

construction.

All works must be undertaken in accordance with the approved Sediment Control plan.



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 protect the environment from the effects of sedimentation and

erosion from development sites) Waste Management Plan C10. A Waste Management Plan is to be submitted for approval by the Certifying Authority

prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

a) The estimated volume of waste and method 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 management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building

waste) Skylight(s) C11. Skylight flashing(s) and frame(s) to be coloured to match the roof material.

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

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

Roofing Materials - Reflectivity C12. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.



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

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

materials does not occur as a result of the development) Stormwater Disposal C13. Stormwater runoff generated by the approved development must be conveyed by

gravity to the existing site stormwater drainage disposal system. A licensed tradesman shall install plumbing components to achieve this requirement in accordance with the BCA and current plumbing standards and guidelines. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted , referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure appropriate provision for disposal and stormwater

management arising from the development)

Asbestos Material Survey C14. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished 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 identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following: a) the removal of asbestos must be undertaken by a WorkCover licensed

contractor; b) all removal must be in strict accordance with the requirements of the

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

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

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



The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying 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) Air Conditioners in Residential Premises C15. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

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

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

(a) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence.

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity)

BASIX Certificate C16. 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. A216533 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) D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance - Works on Public Land D1. Any person or contractor undertaking works on public land must 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 Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Sydney Water Approvals D2. Prior to the commencement of any works, the approved plans must be submitted to a

Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works. Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)



Asbestos Material Survey

D3. Prior to the commencement of any works, a report must be prepared by a suitably qualified person in relation to the existing building fabric to be demolished 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 identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:

a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;

b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

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

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying 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) Commencement of Works Notice

D4. Building work, demolition or excavation in accordance with this development consent

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

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

commencement of any building work, demolition or excavation)



E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

excavation/demolition/construction process, for convenient use of site workers.

(Reason: To ensure adequate provision is made for builders’ waste) Parking Restrictions

E2. 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 lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must 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 kerbside parking provisions are not

compromised during works) Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council.. A safe pedestrian circulation route 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 Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work 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.

(Reason: Public Safety)



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

is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably manage and control runoff as far as the approved point of stormwater discharge. Such ongoing measures must be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Structures Clear of Drainage Easements E5. It is the full responsibility of the Developer and their contractors to: -

a) Ascertain the exact location of the Council drainage infrastructure traversing the site in the vicinity of the works;

b) Take full measures to protect the in-ground Council drainage system; and c) Ensure dedicated overland flow paths are satisfactorily maintained through the

site.

Drainage pipes can be damaged through applying excessive loading (such as construction plant, material storage and the like). All proposed structures and construction activities are to be located clear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland flow paths must not be impeded or diverted by fill or structures unless otherwise approved. In the event of a Council drainage pipeline being uncovered during construction, all work is to cease and the Certifying Authority and Council (if it is not the Certifying Authority) must be contacted immediately for advice. Any damage caused to a Council drainage system must be immediately repaired in full as directed, and at no cost to Council.

(Reason: Protection of Public Drainage Assets) Removal of Extra Fabric E6. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith.



No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.

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

Dust Emission and Air Quality E7. 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 fill material must be

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department 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 E8. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise 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 E9. The developer must bear the cost of all works associated with the development that

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

(Reason: To ensure the proper management of public land and funds) Special Permits E10. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must occur entirely on the property.



The developer, owner or builder may apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property. In the event that a permit is granted by Council for the carrying out of works, processes, storage of materials, loading and unloading associated with the development on Council's property, the development must be carried out in accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -

1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

2) Hoardings

Permits are required to erect Class A and 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 building waste containers (skips) on

Council’s property Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials 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 kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.




Construction Hours E11. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.

Demolition 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, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

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

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

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/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

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

expectations of residents and the community) Out of Hours Work Permits E12. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.



2) Applications for out of hour’s works should be lodged with Council no later than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include: • the erection of awnings, • footpath, road and other infrastructure works which can not be

carried out for public convenience reasons within normal hours, • the erection and removal of hoardings and site cranes, and • craneage of materials which cannot be done for public convenience

reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up works required to maintain or catch up with a construction

schedule.

5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

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

expectations of residents and the community) Installation and Maintenance of Sediment Control E13. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.


erosion from development sites) Sediment and Erosion Control Signage E14. 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 maintained. A sign of the type referred to in this condition is available from Council.


erosion from development sites)


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Site Amenities and Facilities E15. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements, must be provided and maintained at all times. The type of work place determines the type of amenities required.

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

(Reason: To ensure the health and safety of the community and workers on the

site) Health and Safety E16. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing 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 obtained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Prohibition on Use of Pavements E17. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained 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)

Plant & Equipment Kept Within Site E18. All plant and equipment used in the undertaking of the development/ works, including

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



Details of Council requirements for permits on public land for standing plant, hoardings, storage of materials 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 E19. All records demonstrating the lawful disposal of waste must be retained and kept

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

Asbestos Removal E20. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence and removal 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 must 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 Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for 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 principal contractor is required to be

appointed:


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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 arrangements for doing residential building work are changed while the work is in progress such that the information submitted to Council in accordance with this conditions is out of date, work must cease and no further work may be carried out unless the Principal Certifying Authority for 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 Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements 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 commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or excavation)

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

must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.





Occupation Certificate F5. A person must not commence occupation or use 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 Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory) Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence the erection of the building.



Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must

be properly guarded and protected to prevent them from being dangerous to life or property.

3) Demolition work must be undertaken in accordance with the provisions of

AS2601- Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage)



Site Sign F9. 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 name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

c) showing the name, address and telephone number of the Principal

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

(Reason: Prescribed - Statutory)

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

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

of any works relating to the development (including damage 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)

Damage to Adjoining Properties G2. All precautions must be taken to prevent any damage likely to be sustained to

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

(Reason: To ensure adjoining owner’s property rights are protected)



Utility Services G3. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to Council.

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

Asbestos Clearance Certificate G4. For building works where asbestos based products have been removed or altered, an

asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work prior to the issue of any Occupation Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the certificate must identify the type, location, use, condition and amount of such material. Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au (Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants)

BASIX Completion Certificate G5. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final 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) Damage to Adjoining Properties G6. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:



a) whether any damage to adjoining properties has occurred as a result of the development;

b) the nature and extent of any damage caused to the adjoining property as a result of the development;

c) the nature and extent of works required to rectify any damage caused to the adjoining property as a result of the proposed development;

d) the nature and extent of works carried out to rectify any damage caused to the adjoining property as a result of the development; and

e) the nature and extent of any agreements entered into for rectification of any damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. All costs incurred in achieving compliance with this condition shall be borne by the developer.

(Reason: To ensure adjoining owner’s property rights are protected in so far as

possible)


60

60

50

50 30

40

80

80

70

70

60

80

70

60

50

94.194.11111

77.877.877..877 88

72.872.822..8822 88

117.6

74.174.144..14 111111

117.6

132.4

74.874.84444..88888888

75.375.355..335 33

110.6110.600..6600..66

69.669.6

65.765.7

68.568.5

99..6699 66

5555..777755 777777

88..555555

66.966.966..9966 9999

66.866.8

64.464.4

60.360.3

64.164.1

64.964.9

64.664.6

122.8122.822..8822..88

55.055.0

125.6125.6

84.384.3

100.6100.6

102.1102.1

114.3114.3

81.281.2

125.6

11..22222222

125.6666666

82.482.422..422 444444

62.462.4

64.464.4

66.666.6

92.992.922..9999

75.975.9

67.867.8

55..9955 999999

7777..8877 88

145.1145.155 1155..111

67.167.177..177 111111

75.075.0

73.973.9333..99333 9999

99.199.199..11

67.967.977..9999

55..0000

101.3

53.053.0

101.31111..331111..3333

77.077.077..0000

79.279.299..2222

88.288.2

91.391.3

90.390.3

90.190.1 81.681.6

88.188.188..18 11

102.2102.2

124.0124.0

83.583.5

84.484.4

119.5119.5

93.693.633..6666

93.493.4

90.790.7

92.392.322..333333

99.499.499..4499 44

9999..559999..55

90.890.800..8800 8888

88.488.490.390.3......3333333

STREET

STREET

T

STREET

STREET

WARD

STREET

WARRINGAH

NO

HAMPDEN STREET

HARNETT

STREET

STREET

STREET

ELLIOTT

79-81

124

161

165

(80)

56

52

66

39

22

(6)

35

54

79

11

41

76

45

138

144-152

171

173

175

177

179

168

(170)

2

176

185

4

191-195

197

6

11

199

8

201-203

205

10

207

88

209

12 14

1517

16

SP 74602SP 77895SP 88618

5514012

1 1

6A87A

2 719

24474

SP 47529SP 51021

701376567027 6

1 8

1039211 5

2 225770

5A511129

1

244744

4A4

9 5939761039211

2(inStratum)

1

1188096

SP89088

10 2 2A

A

24474

237745

B 1A

371192

1

C

2

21

541610

SP85010

SP71463

SP85116

SP 11322

SP 48832

SP 21394 / SP 72889

1 997232 173

1064209

2798

A 16

B

173234

13

(in stratum)12

2

1064209

11

979505

21150156

10

9

996381 2

20

979505

DRAINAGERESERVE

594077

561413

2

218407

25

536008

11150156

1

2798

100

SP 56005

SP 47495

54070 1

1172241

SP 14598557103

SP 52656 1106265

2

391530

33

837547

837547

2798

1 SP 46174SP 5472363061

35

191

614779

SP 31251

203 SP 5460101

1108665

A360713 B

SP 2964SP 84674

SP 35042

SP 67143

1124008

SP 19357

573264

2625121

2194862 501

35054

1

CT 23119732

12

SP 64615 591516

SP 9808

SP 86752

SP 11082

SP72462

SP87641

SP 18604SP 44430

1046869

1

10426083

88888888

662666626666666666666222222222226622266

Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based oninformation contained in this map without first checking details held by theresponsible Government authority.

Further details can be obtained by calling (02) 9936 8100 or [email protected].

North Sydney Council


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

Chambers between 9.00am and 4.00pm Monday to Friday.

SEPP 1 OUECTION/VARAddress' Lot5O2 D.P.262512

No. B Hampden Street

Nor'th lyàney NsW 2OóO

B HAMPD ENFOR....MR. &DATE, APRIL 21.2O15L.C,Proiects DESIGNS lN ARCHITECTURE

STREET, NO RTH SYDNEYMR5. D, BROWN

, ; ì . ,r: '/' .,iil ji,,i()l

TION' ri ,,r:i

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APril21.2C15[J Ji \i i,,':'

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,_r! I Y .-.f-ll 'Nr:r:

ìiìr\,il ¡.,1r' ) iìir/s

Council Zone: R3 Medium Density ResidentÍal - Residential B area - Hampàen Neighbourhood

Heritage ltem No, 10843

The site contaÍns an existÍng two storey double bríck terrace built in with metal c'eckroo(sheetíng.The house currently contains 3belrooms, living rooms, a stu{y and utility rooms. There is no garage

or o{f street car parking provisions, Built ín 1885, No. B is the 2nÄterrace within the row (asyou

approach Hampden Street/ from western sÍde). There are 5 terraces in the row.

The property is located on the northern stde of Hampden Street where the street doglegs and then

splits into two separate ro¿dways (due to the change in topographfl anà finally termÍnates beside the

M1 expressway, The site occupies 142.5 m2

Existing:

Reguest for variafion to NSLEP20ß C1.4.3 Height of BuillrngRequirement, Clause 4,3/ 2 restrícts building work to 5,5m high for buil|ings with a site less than 23Om2 and within Zone k3

and building within a HerÍtage Conservation Area.

DA proposal, ,a skylight óOO x 12OOmm is proposed to be Ínstalled Ínto an existing roof of theterrace. The existing roo( is

above the 5,5m heightline. rhe skylight will replace a solaÉube.

SEPPI Ob¡ection/ Request for Variation is raised due to these points,

1. Councils ob¡ectives as noted in the NSLEP2o13 (noted below) are met with the proposal'

(a) to promote development that conforms to and reflects natural lanàforms, by stepping development on sloping

land to follow the natural graàient,The proposed skylight alígns with the existÍng roof form anà

wíll protru{e above the existing roo( by aPProx, lOOmm

maxÍrnum - not alteríng the existin gvisual (orm,

Skyli3hl

(b) to promotethe retention and, íf appropríat", 5fi¿ring ofexisting views,

The propose4 skyiight wiii not a(íect or impecie any existing vrews heici by neighboun

(c) to maintaÍn solar access to exÍsting dwellings, public reserves and streets, and to promote solar access for future

development,Proposel skylight wÍll provided betier solar access to existing dwelllng, letting in needed light tostairwell and hallways. lt Ís located on noÉhern sloping roof.lt will also reduce needfor artíficíal

lighting. The skylight will replace a solar-iube. Whilstthe solartube allows in light, the skylight will

Iet in winter sunlight (and wilI vent hot aÍr in summer)'

(d) to maÍntain privacy for resÍdents of existing dwellings and to promote privacy for resÍdents of new buildings,

Proposel skylight will not a{fect privacy for neighbours or residents of the existÍng terrace.

(e) to ensure cornpatibilÍÇ between developrnent, particularly atzone boundaries,

ProposeQ skylight is cornpatÍble wÍth existing developrnents. Otherterraces within the row have a

skylight located in a similar position - see aerial photo on Statement of Environmental Effects

DOC: 1303,DAO6/1INTERIOR5 LANDSCAPE PH.O41489632O


Document, The proposed skylight is located oltbounàarywall in accor| wÍth tíre regul¿tÍons an{wíll replace the existing solar tube which is Íncorrectly positioned'

() to encounge an appropriate scale and density of àevelopment that is in accordance with, and promotes the

character of,an area.Propose! skylight wÍll not affe.t the scale or density of buîllíng, nor detrÍmentally affect the

character ofthe existing building or area.lt will not be seen ftom Hampden Street (as Ít Éces rear o(properly).

2. No additional (loor space is proposeQ within this zone, The proposed skylight aligns with the roo( (onn and will notbe noticeable{tom the street {tontage.

S. The proposed skylight will replace a solartube located incorredly accordingtorire safety regulations outline in the

NCC Volum e 2 Clause3.7.1.1O and Figure3.7 ,1.12,

NCC states that 'Combustible roof lights, Skylights or the like installed ín a roof or part of a

roof required to have a non-combustible coverÍng rnust be not less than gOOmm ftom thevertical proiection of a separatíng wall extending to the undersÍde o(lhe roof covering.

4. The proposal will achieve better outcomes for and from ðevelopment by allowing flexibility in this partícular

circu rnsta nce.

Summary:Theproposal meets Council ob¡eciives furthesmall sÍte with numerous constraints, We belÍevethe proposal is

reasonable ¿nd reguest Council hvourably consÍder the points noted above when assessing proposal.

B HAMPD ENFOR....MR. &DATE: APRIL 21.2015L.C.Proiects DESIGNS lN ARCHITECTVRE

STREET, NORTH SYDNEYMR5. D, BROWN

DOC:13O3.DAO6/2INTERIOR5 LANDSCAPE PH,O41489632O


Documents

Item IPP13 - REPORTS - North Sydney Council...Hampden Street Terraces Group (Nos. 6, 8, 10, 12 and 14 Hampden Street) Report of Adonna See, Graduate Assessment Officer Page 7 Re: DA