Item - REPORTS...8 Ba y1 0 Bay 3 19 849663 Bay 4 Ba y5 1 8 7 5 6 4B y (L e a s e - 9 f o r V a l u a ti o n 4 p u r p s s o n l y) Ba y7 Ba 8 S P 5 3 8 Ba y 26 4963 ins traum) S P

Item ____IPP08_______ - REPORTS -_______06/07/2016________

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

NSIPP MEETING HELD ON 6/07/2016

Attachments:

1. Site Plan

2. Architectural plans

3. Landscape plan

ADDRESS/WARD: 21 McDougall Street, Kirribilli (V)

APPLICATION No: DA11/16

PROPOSAL: Alterations and additions to the existing semi detached dwelling

including a rear ground floor addition

PLANS REF:

Drawing No. Revision Title Drawn by Dated

1 of 8 - Site Analysis Plan Architronics Building

Design

20/06/16

2 of 8 - Site cover, landscape and un-built

upon area calculations

Architronics Building

Design

11/06/16

3 of 8 - Roof joining analysis Architronics Building

Design

2/05/16

4 of 8 - Windows schedule, BASIX

Commitments

Architronics Building

Design

30/05/16

5 of 8 - Plan, SW elevation Architronics Building

Design

20/06/16

6 of 8 - SE and NW elevations, section Architronics Building

Design

20/06/16

OWNER: C.A Williams and G.D Wadley

APPLICANT: Urbanesque Planning,

AUTHOR: Luke Donovan, Senior Assessment Officer

DATE OF REPORT: 24 June 2016

DATE LODGED: 21 January 2016

AMENDED: 22 February 2016, 12 May 2016 and 3 June 2016

RECOMMENDATION: Approval

Report of Luke Donovan, Senior Assessment Officer Page 2

Re: 21 McDougall Street, Kirribilli

EXECUTIVE SUMMARY

This development application seeks consent from NSIPP for alterations and additions to an

existing terrace including a rear ground floor addition on land at No.21 McDougall Street,

Kirribilli. This property is identified as a Contributory item within the Careening Cove

Conservation Area.

This development application is referred to the North Sydney Independent Planning Panel

for determination at the request of Councillors Baker and Reymond.

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

application whilst the amended proposal attracted three (3) submissions. The matters raised in the

submissions include excessive excavation, adverse amenity impacts to adjoining properties

including loss of privacy and solar access, stormwater impacts, non-compliant side setbacks and

inconsistencies between drawings.

The proposed addition is single storey in scale, located at the rear of the dwelling, and not visible

from the public domain so there will be no adverse impact on the character of the Careening

Cove Conservation Area. The addition is significantly setback from the rear boundary of the site

to allow for improved soft landscaping to assist in maintaining the landscape character of the

locality.

The proposed addition complies with the building height control in NSDCP 2013 and the site

coverage and landscaped area controls in NSDCP 2013.

Appropriate conditions of consent are recommended to minimise any adverse impacts to

structures and vegetation on adjoining properties.

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 standard and site specific conditions.

LOCATION MAP

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Re: Page 3

Property/Applicant Submittors - Properties Notified

21 McDougall Street, Kirribilli - DA 11/16



DESCRIPTION OF PROPOSAL

The applicant is seeking approval from NSIPP for alterations and additions to the existing semi

detached dwelling including a rear ground floor addition on land at No.21 McDougall Street,

Kirribilli. The proposed works can be summarised as follows:

Minor alterations to the rear of existing dining room and WC, including the demolition of

an internal wall. The existing skillion roof over the rear of the dwelling is proposed to be

replaced with a gable roof that has a 10 degree roof pitch

A new single storey addition at the rear of the existing dwelling with a new bathroom.

A new covered patio on the southern side of the addition

New retaining walls and landscaping at the rear of the site

The demolition of the existing timber shed adjacent to the rear (south western) boundary.

The demolition of the existing toilet structure adjacent to the rear (south eastern)

boundary.

The existing party walls are proposed to be retained with a new shed to be built on the

enlarged plinth.

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R2 (Low Density Residential) Zone

Item of Heritage – No

In Vicinity of Item of Heritage – No

Conservation Area – Yes (Contributory Item within the Careening Cove Conservation

Area)

FSBL – No

Environmental Planning & Assessment Act 1979

SREP (Sydney Harbour Catchment) 2005

SEPP No. 55 – Remediation of Land

SEPP (Building Sustainability Index – BASIX) 2004

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The subject site is identified as Lot A in Deposited Plan 107669 and is known as 21 McDougall

Street Kirribilli. The subject site is irregular in shape and is located on the south eastern side of

McDougall Street.



Figure 1 – Aerial photograph of subject site and surrounding development

The existing two storey terrace has been constructed of brick and tile. A brick WC has a shared

party wall with No.23 McDougall Street is located in the rear part of the site. The site has the

benefit of a right of footway running along the northern side of the boundary which provides

access to the rear of the dwelling and also to the rear of No. 19 McDougall Street. The site has a

total area of 224.6m². The site has a frontage to McDougall Street of 7.33m including the width

of the right of footway.

Figure 2 – Rear elevation of subject dwelling



Figure 3 – Rear garden of the subject site

Surrounding development is predominantly two storey terrace housing which also form part of

the Careening Cove Conservation Area. The subject site is diagonally opposite the heritage listed

Milson Park.

RELEVANT HISTORY

Previous applications

Development Application No. DA175/13 proposing alterations to the existing dwelling

including new rear sliding door and skylights was approved by Council on 5 August 2013.

Development Application No. DA168/15 proposing a rear extension and a studio addition was

rejected by Council on 28 May 2015. The application was re-lodged with Council on 26 June

2015 as Development Application No.222/15. This application was withdrawn by the applicant

on 19 August 2015.

Development Application DA371/15 proposing a rear ground floor pavilion addition and

breezeway was rejected by Council on 15 October 2015.

Current application

A brief history of the subject application is summarised in the table below:

21 January 2016 The subject development application was lodged with Council.

3 February 2016 A letter was sent to the applicant requesting the following information:

Site coverage, landscaped and un-built upon area compliance

plan.

Revised shadow diagrams

More detailed architectural plans

Adjoining owners consent



5 February to 19

February 2016

The subject application was notified to adjoining property owners and

the Milson Precinct. Five (5) submissions were received against the

application.

4 March 2016 Council’s Assessment Officer had an on-site meeting with the owner and

the applicant. Concerns were raised at the meeting regarding the

excessive length of the rear pavilion addition (site coverage) and the

inconsistencies between the drawings.

12 May 2016 The applicant submitted amended plans in response to the issues raised at

the site meeting. The main amendments to the plans include a reduction

in the length of the rear pavilion addition and an increase in soft

landscaping at the rear of the site.

20 May to 3 June

2016

The amended application was notified to adjoining property owners and

the Milson Precinct. Three (3) submissions were received against the

application.

3 June, 14 June

and 23 June 2016

The applicant submitted further amended plans correcting some minor

inconsistencies in the drawings.

REFERRALS

Building

The application has not been assessed in respect of the Building Code of Australia however a

condition requiring compliance with the BCA was originally recommended for imposition and

remains on the consent. Furthermore, should significant changes be necessary to facilitate the

release of a Construction Certificate for the works included in this application, an additional

Section 96 application may be necessary.

Heritage

The application was referred to Council’s Conservation Planner whose comments are

summarised below:

“The subject property is identified as a Contributory item and is located within the

Careening Cove Conservation Area. The dwelling is one of three pairs of almost identical

Victorian Regency style semi-detached dwellings located at No’s 17 to 27 McDougall

Street. The dwelling has an intact primary form and front façade. There is a

contemporary narrow skillion-roofed addition at the rear.

The proposal is considered to satisfy Clause 5.10 of NSLEP 2013 in that the significance

of the primary form and front façade are to be retained. The proposed works will not be

visible from the public domain, so the character of the conservation area will be retained.

The application has been considered below against the relevant heritage controls in Part

B, Section 13 of NSDCP 2013 –

13.4 Development in Vicinity of Heritage Items – There will be no impact to the heritage

listed Milson Park located opposite the site.



13.6.1 General Objectives – The proposal is compliant in that the proposed works are

located at the rear and will not be visible from the public domain.

13.6.2 Form, Massing, Scale – The proposed new pavilion style addition will have a

contemporary character which is considered to be compliant in that it will not have a

negative impact upon the characteristic built form of the area. The primary form of the

original dwelling will remain intact and clearly legible.

No objection is raised to the nil setback to the boundary of No.23 McDougall Street, as a

nil setback is not uncommon in the conservation area. The proposed rear setback is

considered to be acceptable as there is not a clearly established rear setback along the

southern side of McDougall Street due to the unusual shape of these lots. A number of the

properties along the southern side of McDougall Street have out buildings in the rear

garden.

The proportions of the proposed horizontal windows to the new pavilion addition are not

characteristic to the conservation area; however, no objection is raised as it will not be

visible from the public domain.

13.6.3 Roofs – No objection is raised to the proposed new roof for the pavilion addition.

Although uncharacteristically pitched at 10 degrees, the lower ridge height (RL11.34)

reduces the bulk and height of the addition, allowing the primary form to be visually

dominant and limiting the visibility of the addition from neighbouring properties.

13.9.1 Skylights – No objection is raised to the re-use of the skylights on the new rear

addition.

13.9.4 Materials and Colours – No objection is raised to the use of corrugated roof

sheeting and weatherboard cladding. A condition is recommended that the new windows

and doors to the pavilion addition are to have aluminium or steel framing sections of a

width 45mm or wider, or are to be timber-framed to ensure consistency with the

materials used in the conservation area (refer to Condition C3).

Engineering

The application was referred to Council’s Development Engineer who raised no objection to the

proposal on engineering grounds subject to standard conditions of consent (refer to Condition

C14)

SUBMISSIONS

Original application

The original application was notified to the Milson Precinct and adjoining properties between 5

February and 19 February 2016. Five (5) submissions were received against the application. The

issues raised in this submission are summarised below and addressed later in this report:



Basis of Submissions

Extent of excavation

Noise impact

Loss of solar access

Loss of outlook

Uncharacteristic built form

Stormwater impacts

Adverse impacts to the common party wall

Non-compliance with the site coverage control

Lack of detail on the plans.

Unsympathetic rear addition.

Non compliance with the site coverage control.

Noise impact

Non-compliant side setback.

Inconsistent rear setback

Adverse stormwater impact

Unsympathetic rear addition.

Inaccuracies between the plans

Amended application

The amended application was notified to the Milson Precinct and adjoining properties between

20 May and 3 June 2016. Three (3) submissions were received in response to Council’s amended

notification. The submissions raised no new issues.

CONSIDERATION

The relevant matters for consideration under Section 79C of the Environmental Planning and

Assessment Act 1979, are assessed under the following headings:

SREP (Sydney Harbour Catchment) 2005

Having regard to the SREP (Sydney Harbour Catchment) 2005 (gazetted on 28 September

2005), the proposed development is not considered to be detrimental to the Harbour and will

not unduly impose upon the character of the foreshore given there are no primary views to the

site from the harbour. As such, the development satisfies the provisions contained within the

above mentioned SREP.

SEPP 55 (Remediation of Land)

The provisions of SEPP 55 require Council to consider the likelihood of land contamination

and any remediation necessary to rehabilitate the site. Council’s records indicate that the site

has previously been used for residential development and as such is unlikely to contain any

contamination. The requirements of SEPP 55 have therefore been satisfactorily addressed.

SEPP (Building Sustainability Index – BASIX) 2004

A suitable BASIX Certificate has been submitted with the application. A condition of consent

is recommended requiring compliance with the commitments contained in the certificate

(refer to Condition C18 and G6).



NORTH SYDNEY LEP 2013

Permissibility within the zone:

The site is zoned R2 (Low Density Residential) under the provisions of the North Sydney Local

Environmental Plan 2013. The application proposes alterations and additions to an existing semi-

detached dwelling which is a permissible form of development in the R2 Low Density

Residential zone with development consent from Council.

R2 (Low Density Residential) Zone Objectives

The proposed development is considered to generally satisfy the objectives of the zone as the

proposal will maintain the low density residential character of the neighbourhood while providing

improved residential amenity for the occupants of the dwelling without adversely impacting the

residential amenity of neighbouring properties in terms of solar access or privacy.

Building Heights

Under the provisions of Clause 4.3(2B), the maximum height of a building permitted on the

subject site is 5.5m being a small lot (



Through the recommended conditions of consent the proposal is considered satisfactory

having regard to Clause 6.10 in NSLEP 2013.

DCP 2013 Compliance Table

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

complies Comments

1.2 Social Amenity

Population Mix

Yes

Residential accommodation within the locality would be maintained.

The proposal would have no impact in terms of maintaining affordable

housing or population mix within Kirribilli Maintaining Residential

Accommodation

Affordable Housing

1.3 Environmental Criteria

Topography Yes (via

conditions)

The proposal will generally maintain the natural topography of the

site. The application proposes excavation to a maximum depth of

approximately 900mm to accommodate the rear pavilion. Whilst

excavation is proposed adjacent to both the south eastern and north

western boundaries, appropriate conditions of consent are

recommended to minimise any adverse impacts to structures and

vegetation on adjoining properties (refer to Conditions C5 and

C9).

Views Yes The proposed single storey rear pavilion will not impact on any

significant views for adjoining properties given that it will be single

storey. The proposal will generally maintain the existing outlook at

the rear for the adjoining properties as the new works are

predominantly below the existing boundary fence line.

Solar Access Yes The proposal will result in some minor overshadowing to the rear

garden of No.23 McDougall Street between 2pm and 3pm during the

winter solstice. The level of impact is considered reasonable as the

height of the addition (3.4m) is significantly below the maximum

control (5.5m). The rear garden will receive solar access between

10am and 2pm during the winter solstice and is therefore compliant

with the minimum solar access requirements in P1 in Part B, Section

1.3.7 in NSDCP 2013.

Acoustic Privacy Yes The proposed single storey rear addition is unlikely to result in

adverse acoustic impacts to neighbouring properties given the

residential nature of the development. The proposal incorporates a

covered vergola over the rear patio and the additional boundary

screen planting will further assist in minimizing any noise nuisance

for adjoining properties.

Visual Privacy Yes The proposed windows and openings within the addition are unlikely

to adversely affect visual privacy with adjoining properties for the

following reasons:

The proposed sliding doors and windows on the northwest

(side) elevation would be located below the boundary fence

line.

No new openings are proposed along the southeast (side)

elevation.

The proposed sliding doors and side window on the

southwest (rear) elevation would have an outlook into the

rear yard of the subject site, not the adjoining properties.

Furthermore, the addition is setback a minimum of 11.065m

from the rear boundary.

Significant screen planting is proposed along the southern

and western boundaries to further assist in maintaining

privacy with adjoining properties.



The proposal is considered acceptable having regard to Part B,

Section 1.3.10 in NSDCP 2013.

1.4 Quality built form

Context YES The proposal generally responds to the existing characteristics and

constraints of the site. The proposed rear addition is considered to be

generally characteristic of other properties along McDougall Street

with similar rear additions (No’s 31 and 33 McDougall Street).

Figure 4 – Aerial photograph of subject site and surrounding

developments

Streetscape Yes The proposed single storey addition located at the rear of the

existing two storey semi detached dwelling would not be visible

from the public domain and therefore not impact the streetscape.

Council’s Development Engineer has recommended appropriate

conditions of consent to ensure the protection of Council’s

infrastructure.

Siting Yes The proposal will maintain the existent building orientation and

siting. The location of the single storey rear addition is considered to

be appropriate given the irregular shape and narrowness of the site

Setback – Side Yes

No

North western side boundary

The proposed addition has a 1.2m setback (minimum) to the north

western boundary and compliant with the minimum side setback

(900mm) specified in P2 in Part B, Section 1.4.6 in NSDCP 2013.

Boundary Proposed Control Complies

North western 1200mm 900mm Yes

South eastern side boundary

The proposed addition has a nil setback to the south eastern boundary

of the site. Pursuant to P3 in Part B, Section 1.4.6 in NSDCP 2013,

Council must not grant consent to a development with a nil setback to a

side boundary unless the applicant has satisfactorily addressed the

questions identified in the Land and Environment Court Planning

Principle “Building to the side boundary in residential areas”

established in Galea v Marrickville Council [2003] NSWLEC 113. The

application has been considered having regard to the matters in the

above planning principle.

No. 31 McDougall

Street

No. 33 McDougall

Street (rear

addition

approved under

DA11/15)

Subject site



These are summarised below:-

(a) Is the street characterised by terrace housing?

The southern side of McDougall Street is characterised by semi-

detached dwellings.

(b) What is the height and length of the wall on the boundary?

The proposed single storey rear addition has a length of 8.735m and a

height of 2.75m.

(c) Has the applicant control over the adjoining site(s) or the agreement of their owners?

A condition is recommended that the works are constructed wholly with

the subject site. The application does not propose any works to the

party wall along the south eastern boundary of the site.

(d) What are the impacts on the amenity and/or development potential of adjoining sites?

The proposed single storey rear addition would not cause any adverse

amenity impacts to adjoining properties with regards to privacy, solar

access and view loss for reasons discussed throughout this report.

(e) Are there arrangement in place for the maintenance of the wall or gutters?

The box gutter along the south eastern boundary can be maintained

from the roof of the addition. Given the south eastern wall is proposed

to be constructed of concrete blocks it is unlikely to much on-going

maintenance will be required to this wall.

The proposed nil setback is considered appropriate and consistent with

other developments in Kirribilli.

Setback - Rear Yes The rear building line of the addition is setback between 11.065m and

12.7m from the rear boundary of the site by virtue of its irregular and

splayed nature. The proposed rear patio is setback between 7.3m and

9.2m from the rear boundary. The proposed rear addition is considered

acceptable for the following reasons:

The proposed rear addition is compliant with the 8m rear

setback specified the relevant Character Statement (Careening

Cove Conservation Area)

The proposal provides for a significantly improved soft

landscaped rear garden

The demolition of the rear shed allows for the planting of a

Frangipani Tree adjacent to the rear boundary of the site.

The rear setback is not uncharacteristic of surrounding

developments at No’s 31 and 33 McDougall Street.

The proposed site coverage (52%) is significantly below the

maximum site coverage control (60%) in NSDCP 2013.

Form Massing Scale

Built Form Character

Yes The proposed addition is located at the rear and submissive in scale to

the front part of the dwelling. The proposal will therefore not affect the

character of the Careening Cove Conservation Area. The height of the

proposed addition (3.4m) is significantly below the maximum building

height control (5.5m) in NSLEP 2013. The floor to ceiling height of the

addition is 2.75m and compliant with the minimum height specified in

the Building Code of Australia



Dwelling Entry YES The proposal does not seek a change to the existing dwelling entry.

Roofs YES The proposed rear addition has a hipped roof form with a shallow pitch

of 100. The pitch of the roof form will assist in minimizing its visual

impact upon surrounding properties.

Materials Yes (via

condition)

The materials for the proposed addition include weatherboard cladding,

concrete blocks and corrugated iron roofing. These materials are

considered acceptable and consistent with the character of the

conservation area.

Council’s Conservation Planner has recommended a condition of

consent that requires the new windows and doors within the addition to

be either aluminium or steel framing sections of a width 45mm or

wider, or preferably timber-framed to ensure consistency with the

materials used in the conservation area (refer to Condition C3)

Front Fences Yes The application does not propose any works to the existing front fence.

1.5 Quality Urban Environment

Safety and Security Yes The proposal is considered to maintain a high level of safety and

security for the occupants and visitors of the dwelling. The existing

gate at the top of right of way (north western side of dwelling) ensures

secure access is maintained to the rear of the site.

Vehicle Access and Parking Yes There is no carparking currently provided on the site. It is unreasonable

in the site circumstances to require the provision of carparking given

the constraints of the site and the fact that it is a Contributory Item

within the Careening Cove Conservation Area.

Site Coverage Yes The proposed site coverage is 52% which is compliant with the

maximum site coverage requirement (60%) in P1, Section 1.5.5 in

NSDCP 2013.

Proposed Control Complies

52% 60% Yes

Landscaped and Un-built

Upon Areas

Yes

Yes

The proposed landscaped area is 28% which complies with the

minimum landscaped area (20%) in P1, Section 1.5.6 in NSDCP 2013.


28% 20% Yes

The proposed un-built upon area is 20% which also complies with the

maximum un-built upon area (20%) in P1, Section 1.5.6 in NSDCP

2013.


20% 20% Yes

Excavation Yes (via

conditions)

The application proposes excavation to a maximum depth of

approximately 900mm to accommodate the rear pavilion addition.

Whilst excavation is proposed adjacent to both the south eastern and

north western boundaries, appropriate conditions of consent are

recommended to minimise any adverse impacts to structures and

vegetation on adjoining properties.

Landscaping Yes The proposal provides improved soft landscaping at the rear of the site,

including the planting of a Frangipani tree to assist in maintaining the

landscape character of the locality.

Front Gardens Yes The application does not propose any works to the existing front garden

on the subject site

Private and Communal

Open Space

Yes The proposal provides more useable private open space at the rear of

the site.

1.6 Efficient Use of Resources

Energy Efficiency Yes (via

conditions)

A valid BASIX Certificate was submitted with the application

demonstrating compliance with the relevant commitments (refer to

Condition C18 and G6).



Stormwater Management Yes Council’s Development Engineer has recommended a further condition

of consent requiring an amended stormwater plan detailing the

requirement for sub soil drainage to be conveyed to Council’s kerb in

McDougall Street.

Kirribilli Planning Area (Careening Cove Conservation Area)

The application has been assessed against the relevant controls in Part B in NSDCP 2013 and

found to be generally satisfactory as discussed in the table above. Consideration has also been

given to Part C of NSDCP 2013 and in particular Section 8 of the Character Statement for the

Kirribilli Planning Area and Section 8.3 for the Careening Cove Conservation Area where the

proposal is considered to be consistent with the characteristic built elements for the following

reasons:

The building setbacks to the side (nil-1m) and rear boundaries (8m) comply with the

characteristic setbacks

The addition is located at the rear that is single storey and modest in bulk and scale.

Low pitched (10 degree) corrugated roof to the rear addition

A condition is recommended requiring the door and window frames to the rear addition

be either timber or steel framed with sections of a width of 45mm or wider, consistent

with the Careening Cove Conservation Area.

The proposal provides a landscaped garden at the rear of the site.

SITE SUITABILITY

The proposal is considered to be suitable for the subject site as discussed throughout this report.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

All likely impacts of the proposed development have been considered within the context of this

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls YES

2. Policy Controls YES

3. Design in relation to existing building and YES

natural environment

4. Landscaping/Open Space Provision YES

5. Traffic generation and Carparking provision YES

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining YES

development (Views, privacy, overshadowing, etc.)



8. Site Management Issues YES

9. All relevant S79C considerations of YES

Environmental Planning and Assessment (Amendment) Act 1979

SUBMITTORS CONCERNS

The original application was notified to the Milson Precinct and adjoining properties between 5

February and 19 February 2016. Five (5) submissions were received against the original

application. The amended application was notified to the Milson Precinct and adjoining

properties between 20 May and 3 June 2016. Three (3) submissions were received against the

amended application.

The issues raised in the submissions are summarised and addressed with planning comments

below:

Extent of excavation

The application proposes excavation to a maximum depth of approximately 900mm to

accommodate the rear pavilion addition. Whilst excavation is proposed adjacent to both the

eastern and western boundaries, appropriate conditions of consent are recommended to minimise

any adverse impacts to structures and vegetation on adjoining properties (refer to Conditions

C5, C6, and C9).

Council’s Landscape Development Officer is of the opinion that the proposed excavation for the

addition, which is adjacent to southern eastern boundary of the site, is unlikely to adversely

impact the existing Orange Jassamine that is planted along the north western boundary of No.23

McDougall Street.

Noise impact

The proposed single storey rear addition is unlikely to result in adverse acoustic impacts to

neighbouring properties given the residential nature of the development. The proposal

incorporates a covered vergola over the rear patio and additional boundary screen planting that is

likely to assist in minimizing any adverse noise impacts to adjoining properties.

Loss of solar access

The proposal will result in some minor overshadowing to the rear garden of No. 23 McDougall

Street between 2pm and 3pm during the winter solstice. The level of impact is considered

reasonable as the height of the addition (3.4m) is significantly below the maximum control

(5.5m). The rear garden will receive solar access between 10am and 2pm during the winter

solstice and is therefore compliant with the minimum solar access requirements in P1 in Part B,

Section 1.3.7 in NSDCP 2013.

Loss of outlook

The proposal will generally maintain the existing outlook at the rear for the adjoining properties

as the new works are predominantly below the existing boundary fence line. The low pitched

roof (10 degrees) will further assist in minimising any adverse visual impacts for adjoining

properties.



Uncharacteristic built form

Unsympathetic rear addition

The proposed single storey rear addition is considered to be characteristic of the Careening Cove

Conservation Area as discussed in detail by Council’s Conservation Planner earlier within this

report.

Stormwater impacts

Council’s Development Engineer has recommended a further condition of consent requiring an

amended stormwater plan detailing the requirement for sub soil drainage to be conveyed to

Council’s kerb in McDougall Street (refer to Condition C14).

Adverse impacts to the common party wall

A condition of consent is recommended that no approval is given under this application to any

works to the common party or retaining walls along the boundaries of the site. A further

condition is recommended requiring all new retaining walls and structures to be constructed

wholly within the subject site (refer to Conditions C1 and G1).

Non compliance with the site coverage control

The proposed site coverage is 52% which is compliant with the maximum site coverage

requirement (60%) in P1, Section 1.5.5 in NSDCP 2013.

Inaccuracies between the plans

Lack of detail on the plans

The applicant has corrected the inaccuracies between the plans and provided sufficient detail to

enable a detailed assessment of the application.

Non compliant side setback

The proposed addition has a 1.2m setback (minimum) to the north western boundary of the site

and is compliant with the minimum side setback (900mm) specified in P2 in Part B, Section 1.4.6

in NSDCP 2013. The proposed addition has a nil setback to the south eastern boundary of the site

which is considered acceptable as there are unlikely to be any adverse impacts to No.23

McDougall Street and the setback is characteristic of surrounding developments in the Careening

Cove Conservation Area.

Inconsistent rear setback

The rear building line of the addition is setback between 11.065m and 12.7m from the rear

boundary of the site by virtue of its irregular and splayed nature. The proposed rear patio is

setback between 7.3m and 9.2m from the rear boundary. The proposed rear addition is considered

acceptable for the following reasons:

The proposed rear addition is compliant with the 8m rear setback specified the relevant

Character Statement (Careening Cove Conservation Area).

The proposal provides for a significantly improved soft landscaped rear garden.



The demolition of the rear shed allows for the planting of a Frangipani Tree adjacent to

the rear boundary of the site to maintain a landscape setting for the contributory item.

The rear setback is characteristic of surrounding developments at No’s 31 and 33

McDougall Street.

The proposed rear setback is therefore considered to be acceptable in the site circumstances and

consistent with the objectives in Part B, Section 1.4.6 in NSDCP 2013.

PUBLIC INTEREST

The recommended approval of the application is unlikely to offend the public interest for the

reasons provided throughout this report.

CONCLUSION

The development application has been assessed against the North Sydney Local Environmental

Plan 2013, the North Sydney Development Control Plan 2013 and the relevant State Planning

Policies and found to be generally satisfactory in the site circumstances.

The proposed addition is single storey in scale, located at the rear of the dwelling, and not visible

from the public domain so there will be no adverse impact upon the character of the Careening

Cove Conservation Area. The addition is significantly setback from the rear boundary of the site

to allow for improved soft landscaping to assist in maintaining the landscape character of the

locality.

The proposed addition complies with the building height control in NSDCP 2013 and the site

coverage and landscaped area controls in NSDCP 2013.

Appropriate conditions of consent are recommended to minimise any adverse impacts to

structures and vegetation on adjoining properties arising from the proposed excavation.

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

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

to the attached standard and site specific conditions.

RECOMMENDATION

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. 11/16 for

alterations and additions to the existing semi detached dwelling including a rear ground floor

addition on land at No.21 McDougall Street, Kirribilli, subject to the attached conditions and the

following site specific conditions:-



Works wholly within the subject site

C1. Structural drawings and certification prepared by a suitably qualified Engineer

shall be prepared demonstrating that all works are located wholly within the site

boundaries, and that no works are proposed to any common party walls and all

new works do not rely structurally on the support from the common party walls.

Additionally, no works are to be undertaken to the existing retaining walls

straddling the boundaries at the rear of the site without first obtaining written

consent from the owners of the adjoining land.

Plans and specifications which comply with this condition shall be submitted to

the Certifying Authority for approval prior to the issue of a 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.

Note: If structural certification for the above cannot be obtained then a Section

96 application is required to be lodged with Council seeking consent to

undertake works to the party walls, and will require the owner’s consent

of both neighbouring properties.

(Reason: To ensure all works are located wholly within the subject site)

Boundary Fencing

C2. Any new boundary fencing must be constructed from timber to a maximum

height of 1800mm above existing ground level.

Plans and specifications which comply with this condition shall be submitted to

the Certifying Authority for approval prior to the issue of a Construction

Certificate.

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

New Windows and Doors

C3. The new windows (W2 and W3) and doors (W1 and W4) must have aluminium

or steel framing sections of a width of 45mm or wider, or to be timber-framed.

Plans and specifications which comply with this condition shall be submitted

to the Certifying Authority for approval prior to the issue of a Construction

Certificate.

(Reason: To be sympathetic to the character of the original dwelling)

LUKE DONOVAN ROBYN PEARSON

SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS

Stephen Beattie

MANAGER OF DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

21 MCDOUGALL STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 11/16

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

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

Plan No. Issue Title Drawn by Received

1 of 8 - Site Analysis Plan Architronics Building Design

20/06/16

3 of 8 - Roof joining analysis Architronics Building Design

2/05/16

4 of 8 - Windows schedule, BASIX Commitments

Architronics Building Design

30/05/16

5 of 8 - Plan, SW elevation Architronics Building Design

20/06/16

6 of 8 - SE and NW elevations, section

Architronics Building Design

20/06/16

- - Landscape Plan Leafscape Designs 10/05/16

(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)

ATTACHMENT TO IPP08 - 06/07/2016 Page 20

21 MCDOUGALL STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 11/16 Page 2 of 22

September 2013 v1

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) External Finishes & Materials A4. External finishes and materials must be in accordance with the submitted schedule

indicated on Drawing 4 of 8 dated 30 May 2015, prepared by Architronics and received by Council on 3 June 2016 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) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Works wholly within the subject site C1. Structural drawings and certification prepared by a suitably qualified Engineer shall be

prepared demonstrating that all works are located wholly within the site boundaries, and that no works are proposed to any common party walls and all new works do not rely structurally on the support from the common party walls.

Additionally, no works are to be undertaken to the existing retaining walls straddling the boundaries at the rear of the site without first obtaining written consent from the owners of the adjoining land.

Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a 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.

Note: If structural certification for the above cannot be obtained then a Section 96 application is required to be lodged with Council seeking consent to undertake works to the party walls, and will require the owner’s consent of both neighbouring properties.

(Reason: To ensure all works are located wholly within the subject site)

Boundary Fencing C2. Any new boundary fencing must be constructed from timber to a maximum height of

1800mm above existing ground level.



September 2013 v1

Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate.

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

New Windows and Doors C3. The new windows (W2 and W3) and doors (W1 and W4) must have aluminium or

steel framing sections of a width of 45mm or wider, or to be timber-framed. Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate.

(Reason: To be sympathetic to the character of the original dwelling)

Dilapidation Report Damage to Public Infrastructure C4. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction)



September 2013 v1

Dilapidation Report Private Property (Excavation) C5. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.

The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.

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

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

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

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

(Reason: To record the condition of property/ies prior to the commencement of

construction)

Dilapidation Survey Private Property (Neighbouring Buildings) C6. A photographic survey and dilapidation report of adjoining properties Nos 19

McDougall Street and 23 McDougall Street, Kirribilli detailing the physical condition of those properties, 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.



September 2013 v1

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. 23 McDougall Street, Kirribilli 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)



September 2013 v1

Geotechnical Report C9. A report prepared by an appropriately qualified Geotechnical Engineer certifying that

the existing rock formations and substrate on the site is capable of: a) withstanding the proposed loads to be imposed; b) withstanding the extent of the proposed excavation, including any

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

c) providing protection and support of adjoining properties; and d) the provision of appropriate subsoil drainage during and upon completion of

construction works must be submitted for approval by the Certifying Authority prior to the issue of any Construction Certificate. Recommendations made in the certified report must be complied with at all times.

Building plans and specifications submitted for approval with any construction

certificate application must comply with (a), (b), (c) and (d) above and the certified report, including any recommendations made in the said certified report.

The Certifying Authority must ensure that the building plans and specifications

submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the structural integrity of the subject site and adjoining sites

during the excavation process) Sediment Control C10. 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;



September 2013 v1

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 C11. 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)

External Finishes and Materials C12. The external colours and finishes must be in accordance with the approved schedule

of finishes and materials. 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 quality built form of development)



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Roofing Materials - Reflectivity C13. 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 Management and Disposal Design Plan – Construction Issue

C14. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

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

a) Compliance with BCA drainage requirements, Councils Engineering

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

b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity, partly to Council’s kerb in McDougall Street and partly to the existing stormwater drainage system.

c) All redundant stormwater pipelines within the footpath area shall be removed and the footpath and kerb reinstated.

d) Pipelines within the footpath area shall be hot dipped galvanised steel rectangular hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.

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

f) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit, directly to Council’s nearest stormwater drainage line. Details of all plans certified as being adequate for their intended purpose and complaint with the provisions of AS3500.3.2 by an appropriately qualified and practising civil engineer, shall be submitted with the application for a Construction Certificate.

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

h) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.



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Details demonstrating compliance are to be submitted with the Construction Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate. (Reason: To ensure controlled stormwater management and disposal without

nuisance) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C15. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $2,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

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

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

c) remedying any defects in any such public work that arise within 6 months after

the work is completed. The security required by this condition and in the schedule contained later in these conditions must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date. The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of

the security immediately; • the applicant has not repaired or commenced repairing damage within 48 hours

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

• works in the public road associated with the development are to an unacceptable quality; and

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


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(Reason: To ensure appropriate security for works on public land and an appropriate quality for new public infrastructure)

Asbestos Material Survey C16. 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) Security Deposit/ Guarantee Schedule C17. 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 ($) Footpath Damage Bond $2,000.00 TOTAL BONDS $2,000.00

The security required by the above schedule must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)



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BASIX Certificate C18. 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. (A213822_03) 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

Sydney Water 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 Certifying Authority must ensure that Sydney Water has appropriately stamped the plans before the commencement of building works.

Notes: Sydney Water Building Plan Approvals can be obtained from the Sydney

Water Tap in™ online service. Building plans must be submitted to the Tap in™ to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met. For further information visit http://www.sydneywater.com.au/tapin/index.htm or call 13 000 TAP IN (1300 082 746) for further information.

(Reason: To ensure compliance with Sydney Water requirements)



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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)



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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:

Documents

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