Item - REPORTS · The proposed development incudes the re-subdivision of the site into six x Strata Title allotments, with the individual allotments reflecting the physical configuration

Item ____IPP05_______ - REPORTS -_______01/02/2017________

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 01/02/2017

Attachments:

1. Site Plan

2. Proposed Plans

3. Shadow Diagrams

ADDRESS/WARD: 102 Macpherson Street Cremorne (C)

APPLICATION No: DA 340/16

PROPOSAL: Alterations and additions to the existing residential flat building,

including internal reconfiguration and refurbishment of the four

existing apartments, expansion of the existing ground floor level

to provide a new 2 bedroom apartment, and construction of a 3

bedroom dwelling house towards the rear of the site and two x 2

car stackers at the front. Strata subdivision.

PLANS REF:

Plan No. Issue Title Drawn by Received

DA003 B Site Plan Cracknell & Lonergan 28.11.2016

DA100 B Existing Floor Plans Cracknell & Lonergan 28.11.2016

DA101 B Level 1 Plan Cracknell & Lonergan 28.11.2016




DA201 B Sections Cracknell & Lonergan 28.11.2016

DA301 B North & South Elevation Cracknell & Lonergan 28.11.2016

DA302 B East & West Elevations Cracknell & Lonergan 28.11.2016

DA501 B Materials & Finishes Panel Cracknell & Lonergan 28.11.2016

11416SP - Draft Strata Plan Sheet 1 Adam Clerke 28.11.2016


LPDA17-008 C Landscape Plan Conzept Landscape Architects 9.12.2016

LPDA17-008 A Specification & Detail Conzept Landscape Architects 9.12.2016

OWNER: Owners Corporation SP.9110; C M Wallace; I L Ball; V F Booth;

C L Bradley

APPLICANT: Core Sites Pty Ltd

AUTHOR: Geoff Mossemenear, Executive Planner

DATE OF REPORT: 16 January 2017

DATE LODGED: 10 October 2016

AMENDED: 4 November 2016, 28 November 2016, 9 December 2016.

RECOMMENDATION Approval

Report of Geoff Mossemenear, Executive Planner Page 2

Re: 102 Macpherson Street Cremorne – 340/16

EXECUTIVE SUMMARY

This development application seeks Council’s approval for alterations and additions to the

existing residential flat building, including internal reconfiguration and refurbishment of the four

existing apartments, expansion of the existing ground floor level to provide a new 2 bedroom

apartment, and construction of a 3 bedroom dwelling house towards the rear of the site. The

existing carport is to be removed, and the concrete platform replaced and expanded to provide

two x 2 car stackers. Strata subdivision is also being sought.

The application is referred to NSIPP due to public and Councillor interest. Council’s notification

of the original proposal has attracted three submissions raising particular concerns about

stormwater, setback, scale, privacy and parking. Amended plans were submitted on 28 November

2016 increasing the size of the four existing apartments to be compliant with the Apartment

Design Guide (ADG) and to increase the proposed parking from 2 spaces to 4 spaces. The

amended plans were notified and no further submissions were received. The assessment has

considered the concerns raised as well as the performance of the application against Council’s

planning requirements. It is noted that the proposal relies on existing use rights to succeed.

Following this assessment 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

102 Macpherson Street, Cremorne - DA 340/16


Re: 102 Macpherson Street Cremorne

DESCRIPTION OF PROPOSAL

The proposed development comprises alterations and additions to the existing residential flat

building, including internal reconfiguration and refurbishment of the four existing one bedroom

apartments to make them two bedroom apartments, expansion of the existing ground floor level

to provide a new 2 bedroom apartment, and construction of a 3 bedroom dwelling house towards

the rear of the site.

The existing carport is to be removed, and the concrete platform replaced and expanded to

provide for two x 2 uncovered car stackers.

The existing walkway at the street frontage is being adjusted to make provision for bin storage,

and pedestrian pathways extend to the rear of the site to access the new apartment and dwelling

house.

The balconies of the existing apartments are being reconstructed and widened to improve their

useability, and the new apartment at the ground floor level includes a timber deck extending

to/from the main living room.

The proposed dwelling house accommodates the main living rooms and one bedroom at the

ground floor level, and two bedrooms in a partial first floor level. The yard area has been

designed to provide private open space, extending to/from the main living rooms.

The proposed development includes the removal of a number of trees from the site.

The proposed development incudes the re-subdivision of the site into six x Strata Title

allotments, with the individual allotments reflecting the physical configuration of the proposed

development.



STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R2 Low Density Residential

Item of Heritage – No

In Vicinity of Item of Heritage – No

Conservation Area – No

S94 Contribution

Environmental Planning & Assessment Act 1979

SEPP 65

SEPP 55 - Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

POLICY CONTROLS

DCP 2013

DESCRIPTION OF LOCALITY

The subject site formally comprises Lots 1-4 in Strata Plan No. 9110. The site is located on the

western side of Macpherson Street, between Ellalong Road to the north and Fernhurst Avenue to

the south. The site has an area of approximately 853.6m² and is generally rectangular in shape

with a frontage of 15.24 metres to Macpherson Street.

The site generally falls from the street frontage, with a maximum level change of approximately

13 metres. The existing vegetation on the site comprises a scattering of trees, shrubs and

groundcovers located beyond the footprint of the existing improvements.

The site is currently occupied by a 2 - 3 storey residential flat building accommodating 4 x l

bedroom apartments located towards the street frontage with a single carport.

To the north is a detached dwelling house and a single width carport between the dwelling and

the northern boundary. To the south is a residential flat building accommodating four apartments.



A detached dwelling house effectively occupies the rear yard area, accessed via a shared

driveway extending from Ellalong Road to the west.

The site is located within an established residential precinct characterised by a diverse mix of

detached dwellings and residential flat buildings.

Rear elevation of existing residential flat building

Rear yard



Adjoining Residential flat building to south (100 Macpherson Street)

Adjoining dwelling at rear to south west (43a Ellalong Road)

RELEVANT HISTORY

The existing residential flat building was constructed around 1930. Although a consent could not

be located for the subject site, a consent was located for the adjoining site to the south for a block

of four self contained flats that were approved on 17 July 1930. The flats on the subject site are

almost identical in design and layout to the approved flats at 100 Macpherson Street.



The subject flats were strata titled as four flats in 1975. In 1975, the site was zoned 2(a)

Residential and flats were permissible. The building has been continuously used since at least

1975 as four flats. Existing use rights have been established with the strata plan alone.

The subject application was lodged on 10 October 2016. The original proposal included a car pad

for two car spaces to replace the existing carport. A stop the clock letter was sent on 14 October

2016 seeking additional information with regard to the history of the site, a Basix for the

proposed dwelling and a BCA report. The additional information was received on the 4

November 2016. The applicant was requested to respond to concerns raised by submitters about

stormwater and car parking. Amended plans were submitted on 28 November 2016 and 9

December 2016 increasing the size of the four existing apartments to be compliant with the

Apartment Design Guide (ADG) and to increase the proposed parking from 2 spaces to 4 spaces.

Additional information was submitted in support of the proposed stormwater works. The

amended plans are the subject of this assessment report.

REFERRALS

Building

The proposal would have to comply with the Building Code of Australia. A condition can be

imposed to ensure compliance.

Engineering/Stormwater Drainage

Council’s Development Assessment Engineer (Z Cvetkovic) has raised no objections and

recommended a number of conditions should consent be granted.

Landscaping

Council’s Landscape Development Officer (B Smith) has provided the following comments:

I have inspected the property in relation to its proposed redevelopment and the following

observations were made and recommendations provided.

All trees and vegetation on-site are weed species, or insignificant shrubs.

There is a mature Silky Oak on the adjoining property that should not be affected by the

works. I don’t believe an Arborists report providing protective measures is necessary. I

recommend a simple Condition noting that “all care shall be taken to protect trees on

adjoining properties.

The Landscape plans looks O.K

There are no street trees affected outside the property nor the opportunity to plant one as

the footpath is not wide enough

In conclusion I raise no objections to approval of the DA as submitted, approve the landscape

plan and just include the Special permits condition.

SUBMISSIONS

The owners of adjoining properties and the Willoughby Bay Precinct were notified of the original

proposed development on 21 October 2016. The notification resulted in the following

submissions.



Basis of Submissions

Inadequate parking with 2 spaces for 6 units

Parking problem in area as there are other apartments in close proximity with no parking

Adequacy of stormwater drainage

Request Council ensure proposed volume is adequate for 1 in 100 storm

Size and scale of development appears to exceed site coverage requirements.

OSD and absorption bed seem inadequate, easement should be created if neighbours were to

agree

The addition of two storey dwelling does not conform with established rear setbacks or the

subdivision pattern

Privacy. The proposed ground floor is RL47.58 and the top of the boundary fence is RL47.5.

Rear yard and downstairs living is RL45.65.

Request that planting along boundary be mature. Proposed louvres on first floor bedroom

should be fixed and angled to remove sight line

Inadequate parking with only 2 spaces for 6 units

Outdoor lighting spillage should be controlled to not impact on our living areas at night.

Council’s Development Assessment Engineer has provided comments with regard to the

stormwater concerns raised:

The proposed solution for stormwater drainage from lower parts of proposed building are

not perfect but only possible and in accordance to our policy. The pumping out won’t be

allowed.

According to proposed stormwater concept plan, backed by our conditions, stormwater

runoff is not going directly into absorption system but via OSD system which will reduce

stormwater runoff intensity even more than it is currently from pre-development setup.

The perfect solution will be if the owner of 47 Ellalong Road would allow drainage from

uphill development through property via stormwater inter-allotment easement (which may

be established. All cost of running pipe within that easement and registration of that

easement must be raised by developer from 102 McPherson Street. I cannot see any other

option except of refusing this DA.

The applicant has been unsuccessful in negotiations for an easement. The applicant submitted the

following advice from their Hydraulic Consultant:

We Certify,

That the new Storm Water disposal has been designed such that all existing roofs-

previously discharging on the backyard and via uncontrolled overland flow through

downstream property-- are now discharging to the street gutter in Macpherson Street and

new house roof discharge is limited via onsite detention.

Therefore the discharge of overland flow has been reduced significantly:

For 100 year ARI - from 58 l/s to 19 l/s

For 5 year ARI - from 34l/s to 12l/s



Amended plans were submitted on 28 November 2016 and 9 December 2016 increasing the size

of the four existing apartments to be compliant with the Apartment Design Guide (ADG) and to

increase the proposed parking from 2 spaces to 4 spaces.

The owners of adjoining properties and the Willoughby Bay Precinct were notified of the

amended proposed development on 9 December 2016. The notification resulted in no further

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.

NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 853.6m² Proposed Control Complies

Clause 4.3 – Heights of Building 10m 8.5m NO

DCP 2013 Compliance Table

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

complies Comments

1.2 Social Amenity

Maintaining Residential Accommodation Yes The existing flats are retained and extended in addition to

two additional dwellings

Affordable Housing NA The existing flats are not affordable housing as they have

been strata subdivided and generally owner occupied.

1.3 Environmental Criteria

Topography Yes The finished ground levels beyond the footprint of the

building are generally within 500mm of existing ground

level

Views Yes No views are affected by the proposed works

Solar Access Yes All of the apartments (100%) and the dwelling house

will receive in excess of 3 hours of sunlight between

9am and 3pm ln midwinter. Further, the adjoining

property to the south will continue to receive in excess

of 3 hours sunlight to the main living rooms and open

space during mid-winter.

None of the apartments, or the dwelling house, have a

sole orientation to the south.

Visual Privacy Yes There are no new window openings in the residential

flat building with the potential to overlook adjoining

properties, and the dwelling house is limited to 2

storeys, with the upper level accommodating bedrooms



1.4 Quality built form

Context Yes The proposed development responds to the constraints

and opportunities of the site

Siting Yes The proposed development responds to the constraints

and opportunities of the site

The residential apartments are accommodated within a

single building form addressing the street, with the

dwelling house located to the rear.

Setback – Side Yes The proposed development maintains the existing front

building setback.

The proposed development maintains the existing side

boundary setbacks of the residential flat building, and

the proposed dwelling house complies with Table B1.5

Setback - Rear Yes The proposed rear boundary setback matches the

alignment of the adjoining dwelling houses to the

south.

Building Separation No The proposed development maintains the existing side

boundary setbacks of the residential flat building and

the height of the building is not being increased

Form Massing Scale Yes The form of the flat building remains the same to the

street with the building becoming 3 storeys at the rear

without any increase in the overall height of the

building.

Clause 4.3 of the LEP specifies a maximum building

height of 8.5 metres. The building height control does

not apply to the residential flat building due to the

existing use rights. The existing height and proposed

height of the RFB is 10m. The proposed development

maintains the existing pitched roof of the residential

flat building. The proposed dwelling house extends

to a maximum height of 5.8 metres.

Built Form Character Yes Satisfactory

Dwelling Entry Yes The existing window openings orientated towards

Macpherson Street are being retained. The main entry

is clearly identifiable.

Roofs Yes The proposed development maintains the existing

pitched roof of the residential flat building. The

proposed dwelling house adopts a flat roof to minimise

bulk and scale

Materials Yes Satisfactory

Balconies - Apartments Yes All apartments have a usable balcony or terrace with

direct access to the living area.

1.5 Quality Urban Environment

High Quality Residential Accommodation Yes The existing and proposed apartments are generally

compliant with the ADG. 100% of apartments have

good solar access and cross ventilation.

Vehicle Access and Parking No Parking cannot be provided underground as the

existing RFB is retained. The existing single carport

within the front building line is to be replaced with two

uncovered carstackers allowing independent parking

for 4 cars. Although the number of dwellings is being

increased from 4 to 6, the parking will increase from 1

to 4. This means that the 2 new dwellings will be

allocated parking and an additional existing flat will

have parking. The result is that 2 flats will not have

parking compared to the current 3 flats.

Site Coverage Yes The proposed site cover of 44.03% is compliant with

the maximum of 45%.



Landscape Area Yes The landscaped area of 41.11% is compliant with the

minimum requirement of 40% and the proposed unbuilt

upon area of 14.86% is within the maximum of 15%

Excavation Yes Part of the dwelling and additional apartment are to be

excavated. There is no excavation within 1m from the

boundaries. No excavation is proposed for the car

parking spaces, plant rooms or storage.

Landscaping Yes The proposed development includes the removal of a

number of trees from the site. The trees being removed

are not considered suitably or worthy of retention on

the basis of their limited life expectancy, poor

specimen quality, and/or being noxious weeds. The

proposed development includes the introduction of

extensive new landscaping on the site

Council’s Landscape Development Officer has

supported the tree removal and the proposed plantings.

Private and Communal Open Space No Satisfactory. Communal space not proposed due to

small number of apartments. The new dwelling at the

rear will have the surrounding open space. Adequate

balconies/terrace are provided for the apartments

accessed from living areas with good solar access and

district views.

Garbage Storage Yes Bin store provided within 2m of street at entry.

1.6 Efficient Use of Resources

Energy Efficiency Yes Basix certificates submitted

Stormwater Management Yes Satisfactory subject to conditions. Improvement over

existing.

NORTH SYDNEY LEP 2013

Permissibility within the zone:

The subject site is zoned R2 Low Density under the North Sydney Local Environmental Plan

2013 (NSLEP 2013). The application proposes a residential flat building which is prohibited in

this zone. The dwelling is permissible.

Section 106 - Existing Use Rights of E P & A Act 1979

Notwithstanding such prohibition, if ‘existing use’ rights can be satisfactorily established for the

land affected by the proposed development, then the consent authority may approve a

development application (subject to meeting the relevant requirements applying to existing uses

under Sections 106 -109 of the E P & A Act 1979, the Regulation under the Act, and considering

the impacts of the proposal).

The existing building at 102 Macpherson Street comprises four x one bedroom flats that the

applicant claims were built in the 1930’s. A search of Council’s heritage data base for building

applications from 1930 – 1949 (these records are not complete) only revealed an approval for the

adjacent apartment building at No.100 for four flats almost identical in layout and elevations to

the subject building. This was approved in July 1930. The subject building was strata titled in

1975 showing the four flats as they are today. The strata plan establishes that the property has

existing use rights for a residential flat building.



Section 107 - Continuance of and Limitation on Existing Use

Section 107 of the E P & A Act 1979 outlines the provisions relating to the continuance of and

limitation on existing use. The site has most likely been continually used as residential flat

buildings without abandonment (at least from 1975 when it was strata titled).

The proposed works involve intensification and rebuilding. The proposal is therefore considered

to satisfy Section 107 of the E P & A Act 1979.

Clauses 42-44 of the E P & A Regulations 2000

Clauses 42-44 of the E P & A Regulations 2000 are also relevant to the proposed development

because these Clauses set out the certain development allowed under existing uses, the matters

for consideration for enlargement, expansion or intensification of existing uses and the consent

requirements for an existing use.

The proposed works involve intensification and rebuilding. The new building works would be

constructed on the land to which the existing use was carried out. The proposal is therefore

considered satisfactory having regard to Clauses 42-44 of the E P & A Regulations 2000

Land and Environment Court Planning Principles - Existing Use Assessments

An assessment has been carried out in accordance with the NSW Land and Environment Court

planning principles in relation to the assessment of development applications based on existing

use rights which were stated by Senior Commissioner Roseth in Fodor Investments v Hornsby

Shire Council (2005).

(a) Principle 1 - How do the bulk and scale (as expressed by height, floor space ratio and

setbacks) of the proposal relate to what is permissible on surrounding sites?

The footprint and the envelope of the residential flat building is basically retained with the rear

alignment being extended by 1.8m. The roof, height (maximum at 10m) and setbacks (2.2m and

3m) remain the same. The ridge height of the building is consistent with its immediate

neighbours.

The proposed dwelling has a height of 5.8m with side setbacks of 2.1m and 2.6m. The building is

excavated into the site and located adjacent to a dwelling that was established following

subdivision of 100 Macpherson Street. The proposed dwelling has a flat concrete roof 2m lower

than the ridge height of its direct neighbour.

The height control in a R2 Low Density Residential zone is 8.5m and setbacks for 2 storey

buildings are 1.5m and 2.5m for 3 storey buildings. There is no floor space ratio control, however

the DCP allows a maximum site cover of 45%.

The proposal relates well to surrounding development. The height variation is with the existing

building with the streetscape scale remaining the same. The setbacks are generally in excess of

the DCP requirement and the proposal is compliant with the site cover control



(b) Principle 2 - What is the relevance of the building in which the existing use takes

place?

The proposed development would continue to be used as a residential flat building albeit with an

intensification of the use. The scale of the building when viewed from the public domain would

remain the same. Parking is currently not available to three of the four flats.

(c) Principle 3 - What are the impacts on adjoining land?

Consideration has been given below to the potential impacts of the proposed development:

Car Parking

The four flats were constructed without any parking. An elevated carport was built at a later date

(shown on the 1975 strata plan) that provided parking for only one of the four flats. The original

plans for the current DA proposed a hardstand for two cars in lieu of the single carport. Although

this increased the parking ratio from 1 for 4 to 2 for 6, there would now be 4 dwellings without

parking. The applicant was advised that this could not be supported and additional parking was

required. In response, the application was amended to provide two uncovered car stackers that

would accommodate 4 cars. This increased the parking ratio to 4 for 6 with only 2 dwellings

without parking. This is an improvement to the existing situation and not considered to warrant a

refusal of the application.

The below ground stacker handles 2 cars per module.

Noise

The proposed development will not cause unacceptable impacts with regard to noise. Appropriate

conditions can be imposed to ensure amenity of the proposed apartments. Construction noise

impacts can be conditioned to minimise disruption to the minimal level practical. The car

stackers will not create excessive noise.



Environment

The existing ground levels are generally being retained, and normal precautions will be taken

during the construction of the proposed development to ensure there are no adverse impacts in

terms of runoff and water quality. The submitted plans satisfy Council’s Landscape Development

Officer. The excavation is minor involves cutting into the slope down to the level where the end

of the building footprint hits the existing contour.

Views

The proposed building will not impact on any significant views. The building meets Council’s

requirements with regard to site cover and landscaped area. The side setbacks are generally in

excess of Council’s requirement for the R2 zone. The siting of the building is consistent with the

subdivision pattern.

Solar access

All of the apartments (100%) and the dwelling house will receive in excess of 3 hours of sunlight

between 9am and 3pm ln midwinter. Further, the adjoining property to the south will continue to

receive in excess of 3 hours sunlight to the main living rooms and open space during mid-winter.

None of the apartments, or the dwelling house, have a sole orientation to the south. Shadow

diagrams clearly show that the proposal will have minimal impacts. The diagrams are attached to

the report for the Panel’s information.

Privacy

The changes to the existing flats will not increase privacy impacts as there are already balconies

overlooking the rear yard with the main outlook being a district view. There are no new windows

facing the side boundaries.

The proposed dwelling is located at ground level and is 7m from the rear fence and some 16m to

the pool areas of the dwellings to the west. Lilly Pilly screen planting is proposed along the rear

fence. The separation and the screen planting will minimise privacy impacts. The ground floor

living is mainly orientated to the north and the building is cut into the site to minimise privacy

impacts on neighbours and to provide good amenity for the dwelling. The first floor of the

dwelling are bedrooms and vertical privacy louvres are proposed on the western and northern

bedroom windows for solar and privacy control. Elevations below show location of windows and

louvres. The proposal is considered satisfactory and reasonable with regard to privacy impacts.

Materials

The schedule of external materials and finishes includes face brickwork, painted render,

aluminium framed windows and doors, glass balustrades and concrete and metal roofing. The

materials are considered to be generally compatible with the materials used in the locality.



Streetscape

The proposal retains the existing bulk and scale of the RFB that is consistent with its streetscape.

The removal of the carport will allow more of the original façade to be viewed from the street.

Context

The RFB is in context with its neighbours as demonstrated above. The proposed dwelling is

located in the rear yard. This is consistent with the subdivision pattern of the four blocks directly

south. Two have access to Ellalong Road with the next one having an access handle to

Macpherson Street.

Subdivision of the subject site was not practical due to the retention of the RFB, the steepness of

the block and the topography. The better solution was for strata subdivision to ensure street

access and a parking space.



Nearmap

Stormwater

The proposal includes OSD and is considered satisfactory. The proposed solution for stormwater

drainage from lower parts of proposed building are not perfect but are possible and in accordance

with Council policy. According to proposed stormwater concept plan, endorsed by Council’s

conditions, stormwater runoff is not going directly into absorption system but via OSD system

which will reduce stormwater runoff intensity even more than it is currently from pre-

development situation. The perfect solution would be if the owner of 47 Ellalong Road would

allow drainage from uphill development through their property via a stormwater inter allotment

easement. The applicant has been unsuccessful in negotiations for an easement. The applicant

also submitted the following advice from their Hydraulic Consultant:

We Certify,

That the new Storm Water disposal has been designed such that all existing roofs-

previously discharging on the backyard and via uncontrolled overland flow through

downstream property-- are now discharging to the street gutter in Macpherson Street and

new house roof discharge is limited via onsite detention.

Therefore the discharge of overland flow has been reduced significantly:

For 100 year ARI - from 58 l/s to 19 l/s

For 5 year ARI - from 34l/s to 12l/s

Landscaping

Council’s Landscape Development Officer has accepted the landscape plan and recommended

appropriate conditions.



(d) Principle 4 - What is the internal amenity?

The amenity of the apartments is satisfactory with all apartments having in excess of 3 hours of

solar access all having cross ventilation. The amenity of the dwelling is also considered

satisfactory with solar access, cross ventilation and some outlook provided.

Concluding Remarks – Existing Use Right Planning Principles Assessment

The proposal has been assessed against the four planning principles established by the NSW

Land and Environment Court in relation to existing use rights. The proposal is unlikely to result

in any unreasonable amenity impacts to adjoining properties and is considered reasonable for the

site. The siting of the building is acceptable and the breach of the height control is due to the

steepness of the site. Although there is no FSR control under the LEP, the site compares

favourably with what one would expect on a site with a compliant site cover of 45% and

compliance with the other controls of the DCP.

Prescriptive requirements

In accordance with the decision in Fodor Investments v Hornsby Shire Council (2005), the

prescriptive requirements of planning instruments and development control plans cannot be

applied to the assessment of the application as they would detract from the Applicant's existing

use rights. The amended proposal has been assessed against the relevant planning principle and

found to be satisfactory as detailed above.

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.

SEPP 65

The Policy applies to residential flat building developments of three or more storeys comprising 4

or more self contained dwellings. The policy is a matter for consideration in assessment of

development applications for residential flat buildings.

Nine design principles in SEPP 65.

The policy identifies 9 principles which provide a basis for evaluation of the merit of proposed

designs of residential flat buildings and for preparation of subsequent planning policies and

design guidelines.



Principle I – Context and Neighbourhood Character

The proposed works to the existing residential flat building are primarily internal, limited to the

replacement of the existing balconies, and otherwise located at the ground floor level,

predominately within the footprint and envelope of the existing building. The proposed works

will have very little impact on the existing neighbourhood character. The proposed development

responds to the context of the site by providing a building form that maintains an appropriate

height, scale and form when viewed from the public domain.

Principle 2 – Built Form and Scale

The building is of an appropriate scale and responds to the existing surrounding development

when viewed from the public domain. The proposed works will have little visual impact when

viewed from the public domain, with the only visible change comprising the replacement of the

carport with an open parking area. The scale of the building remains compatible with the

surrounding development, and the new apartment is located at the ground floor level,

predominately within the footprint and envelope of the existing building. The dwelling is

consistent in its siting and of lesser scale than its neighbours.

Principle 3 - Density

The density of the building is acceptable. The proposal complies with the site cover controls and

does not attempt to maximise the height control. Properties to the south feature infill

development in their rear yards and present a not dissimilar outcome to that presented here.

Principle 4 - Sustainability

The proposed development makes efficient use of natural resources and the adaptive use of the

building. The building also provides for the use of energy efficient building materials and

achieves a compliant BASIX Score. All of the apartments will receive in excess of 3 hours of

sunlight between 9am and 3pm in mid-winter, and all of the apartments will be naturally cross

ventilated.

Principle 5 - Landscape

The proposed development includes the removal of a number of trees from the site. The trees

being removed are not considered worthy of retention on the basis of their limited life

expectancy, poor specimen quality, and/or being noxious weeds. The proposed development

includes the introduction of extensive new landscaping on the site providing a hierarchy of trees,

shrubs and groundcovers. The proposed trees include a Cheese Tree (mature height of 8-10m)

within the setback to Macpherson Street, 2 x Frangipani trees (mature heights of 5m) between the

existing residential flat building and the proposed dwelling house, and a Christmas Bush (mature

height of 5-8m) and Sydney Red Gum (mature height of 15-20m) within the setback to the rear

boundary. The proposed trees are supplemented by a multitude of shrubs and groundcovers,

including continuous plantings are the perimeter of the site of Blueberry Ash, Lilly Pilly and NZ

Christmas Bush.



Principle 6 - Amenity

Amenity to the apartments is provided through appropriate room dimensions, sunlight access,

natural ventilation, visual and acoustic privacy, storage, indoor/outdoor space, efficient

layouts/service areas, outlook and access.

Principle 7 - Safety

The proposed development will maintain the existing level of casual surveillance, with improved

pedestrian entrances. The building provides a defined point of entry, and lighting will be used to

highlight the entry during the evenings. Access to the residential entry lobby and pedestrian

pathways will be security controlled

Principle 8 - Housing Diversity and Social Interaction

The proposed development will contribute to the availability and diversity of housing in the

locality. The proposed development provides an appropriate mix of apartments, sizes and type

having regard to the structure of the existing building, and the ability to provide a new apartment

and dwelling housing within a locality serviced by public transport.

Principle 9 - Aesthetics

The design reflects current architectural design and the schedule of finishes is appropriate.

The SEPP requires the consent authority to take into consideration the Apartment Design Guide

(ADG). The proposal satisfies the ADG with regard to the following:

The individual apartments are serviced by private open space accessed directly from the

main living rooms.

The living rooms are located on the external face of the building.

The habitable rooms provide internal floor to ceiling heights of 2.7 metres and the size

and dimensions of the rooms provide good internal amenity.

There are no rooms relying on light wells as a source of daylight.

All of the apartments will receive a minimum of 3 hours sunlight between 9 am and 3 pm

in mid-winter.

All of the apartments will be naturally cross ventilated.

The maximum apartment depth is less than 18 metres to an external opening.

DEVELOPMENT CONTROL PLAN 2013

Relevant Planning Area (Northern Foreshores Neighbourhood)

The dwelling does not comply with the recommended rear building alignment of 10m under the

character statement. It has a setback of between 5m and 8m to the single storey section. The

neighbouring two storey dwelling has a setback of 9m to its two storey wall. The rear setback of

the other three buildings to the south all have lesser setbacks than No.43A Ellalong Road. The

proposal is considered reasonable because the setback is to the single storey section with the first

floor setback 13m from the rear boundary. The application has been assessed against the relevant

controls in DCP 2013.



SECTION 94 CONTRIBUTIONS

A Section 94 contribution is warranted for the change of the existing four flats from one bedroom

to two bedroom flats; the additional two bedroom flat and the new three bedroom dwelling.

Administration $ 441.73

Community Centres $ 2,005.46

Childcare Facilities $ 765.13

Library and Local Studies Acquisitions $ 374.04

Library Premises and Equipment $ 1,157.21

Multi Purpose Indoor Sports Facility $ 315.99

Olympic Pool $ 1,029.15

Open Space Acquisitions $ 12,613.08

Open Space Increased Capacity $ 25,001.30

Public Domain Improvements $ 988.33

Traffic Improvements $ 1,213.13

Total $ 45,904.55

ALL LIKELY IMPACTS OF THE DEVELOPMENT

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

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities NA

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979



SUBMITTERS CONCERNS

Size and scale of development appears to exceed site coverage requirements.

The proposal involves a modest addition to the RFB. The dwelling at the rear is part one, part

two storey and cut into the site. The side setbacks are maintained or exceed DCP requirements

and the proposal is compliant with the site coverage control of 45%. The size and scale of

development are considered reasonable for the subject site.

OSD and absorption bed seem inadequate, easement should be created if neighbours were to

agree

The proposal includes OSD and is considered satisfactory. The proposed solution for stormwater

drainage from lower parts of proposed building are not perfect but are possible and in accordance

with Council policy. According to proposed stormwater concept plan, endorsed by Council’s

conditions, stormwater runoff is not going directly into absorption system but via OSD system

which will reduce stormwater runoff intensity even more than it is currently from pre-

development situation. The perfect solution would be for the owner of 47 Ellalong Road to allow

drainage from uphill development through their property via a stormwater inter allotment

easement. The applicant has been unsuccessful in negotiations for an easement.

The addition of two storey dwelling does not conform with established rear setbacks or the

subdivision pattern.

The dwelling does not comply with the recommended rear building alignment of 10m under the

character statement. It has a setback of between 5m and 8m to the single storey section. The

neighbouring two storey dwelling has a setback of 9m to its two storey wall. The rear setback of

the other three buildings to the south all have lesser setbacks than No.43A Ellalong Road. The

proposal is considered reasonable because the setback is to the single storey section with the first

floor setback 13m from the rear boundary. The proposed dwelling’s location in the rear yard is

consistent with the subdivision pattern of the four blocks directly south. Two have access to

Ellalong Road with the next one having an access handle to Macpherson Street. Subdivision of

the subject site was not practical due to the retention of the RFB and the topography. The better

solution was for strata subdivision to ensure street access and a parking space.

Privacy. Request that planting along boundary be mature. Proposed louvres on first floor

bedroom should be fixed and angled to remove sight line

The proposed dwelling is located at ground level and is 7m from the rear fence and some 16m to

the pool areas of the dwellings to the west. Lilly Pilly screen planting is proposed along the rear

fence. The separation and the screen planting will minimise privacy impacts. The ground floor

living is mainly orientated to the north and the building is cut into the site to minimise privacy

impacts on neighbours and to provide good amenity for the dwelling. The first floor of the

dwelling are bedrooms and vertical privacy louvres are proposed on the western and northern

bedroom windows for solar and privacy control.



The landscape plan indicates a 300mm (45 litre) pot size for the Lilly Pilly screening. This will

provide for a height of about 1100mm. It is often best for a plant to become established on site

for better growth rather than too mature. It is noted that there is already screen planting on the

adjoining neighbour’s land. More mature planting is not considered reasonable or necessary. The

proposed upper level louvres are intended for solar and privacy control. The upper level is used

for bedrooms only. There is close to 30m separation between the proposed dwelling’s upper floor

window and the neighbour’s building to the west. Fixing and angling the louvres is not

considered reasonable or necessary.

Inadequate parking with only 2 spaces for 6 units

The original plans for the current DA proposed a hardstand for two cars in lieu of the single

carport. Although this increased the parking ratio from 1 for 4 to 2 for 6, there would now be 4

dwellings without parking. The applicant was advised that this could not be supported and

additional parking was required. In response, the application was amended to provide two

uncovered car stackers that would accommodate 4 cars. This increased the parking ratio to 4 for 6

with only 2 dwellings without parking. This is an improvement to the existing situation and not

considered to warrant a refusal of the application.

Outdoor lighting spillage should be controlled to not impact on our living areas at night.

Outdoor lighting will be necessary to provide safe access to the two rear dwellings that rely on

side pathways to access the street and parking. However the lighting of outdoor spaces could

cause unreasonable impacts to adjacent residents. Suitable conditions could read as follows:

Outdoor Lighting

C21. All outdoor lighting must comply with, where relevant AS/NZ1158.3: 1999 Pedestrian

Area (Category P) Lighting and AS4282:1997 Control of the Obtrusive Effects of

Outdoor lighting. Details demonstrating compliance with these requirements 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 maintain the amenity of adjoining land uses)

Outdoor Lighting

I1. Outdoor lighting on rooftop level of the proposed dwelling areas must not be illuminated

between 9:00 pm and 7:00 am.

The design and placement of outdoor lighting generally over stairs, entries and pathways

must:

(a) be directed away from any residential dwelling;

(b) not create a nuisance or negatively affect the amenity of the surrounding

neighbourhood; and



(c) be operated by motion sensors after 9:00pm.

(Reason: To ensure residential premises are not affected by inappropriate or

excessive illumination)

CONCLUSION

The proposed development comprises alterations and additions to the existing residential flat

building, including internal reconfiguration and refurbishment of the four (4) existing apartments,

expansion of the existing ground floor level to provide a new 2 bedroom apartment, and

construction of a 3 bedroom dwelling house towards the rear of the site.

The existing residential flat building is an "existing use" pursuant to Section 106 of the Act, and

the proposed "dwelling house" is permissible in the zone with the consent of Council.

The proposed development generally complies with the substantial majority of the applicable

planning controls, including building height, landscaped area, site coverage, unbuilt upon area

and boundary setbacks. Although there is a breach of the height control, a clause 4.6 request is

not required as the RFB enjoys existing use rights.

The proposed development will achieve a good level of internal amenity and is difficult to refuse

being without any significant or adverse impacts on the amenity of surrounding development.

The application is recommended for favourable consideration.

RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

THAT the North Sydney Independent Planning Panel, as the consent authority, grant consent to

Development Application No. 340/16 for alterations and additions to the existing residential flat

building, including internal reconfiguration and refurbishment of the four existing apartments,

expansion of the existing ground floor level to provide a new 2 bedroom apartment, and

construction of a 3 bedroom dwelling house towards the rear of the site and two x 2 car stackers

at the front Strata subdivision, subject to the attached conditions.

Geoff Mossemenear Stephen Beattie

EXECUTIVE PLANNER MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

102 MACPHERSON STREET, CREMORNE

DEVELOPMENT APPLICATION NO. 340/16

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

DA003 B Site Plan Cracknell & Lonergan 28.11.2016

DA100 B Existing Floor Plans Cracknell & Lonergan 28.11.2016





DA201 B Sections Cracknell & Lonergan 28.11.2016

DA301 B North & South Elevation Cracknell & Lonergan 28.11.2016

DA302 B East & West Elevations Cracknell & Lonergan 28.11.2016

DA501 B Materials & Finishes Panel Cracknell & Lonergan 28.11.2016



LPDA17-

008

C Landscape Plan Conzept Landscape

Architects

9.12.2016

LPDA17-

008

A Specification & Detail Conzept Landscape

Architects

9.12.2016

(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.


with the determination of Council, Public Information and to ensure

ongoing compliance)

ATTACHMENT TO IPP05 - 01/02/2017 Page 25


DEVELOPMENT APPLICATION NO. 340/16 Page 2 of 32

September 2013 v1

External Finishes & Materials

A3. External finishes and materials must be in accordance with the submitted schedule

shown on plan numbered DA501B, prepared by Cracknell & Longergan and received

by Council on 28 November 2016 unless otherwise modified by Council in writing.


with the determination of Council, Public Information)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated).

Dilapidation Report Damage to Public Infrastructure

C1. 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)

Dilapidation Report Private Property (Excavation)

C2. 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.




September 2013 v1

All costs incurred in achieving compliance with this condition shall be borne by the

person entitled to act on this Consent.

In the event that access for undertaking the dilapidation survey is denied by an adjoining

owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of

Council that all reasonable steps have been taken to obtain access and advise the

affected property owner of the reason for the survey and that these steps have failed.

Written concurrence must be obtained from Council in such circumstances.

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

the developer or affected property owner to assist in any action required to

resolve any dispute over damage to adjoining properties arising from the works.

It is in the applicant’s and adjoining owner’s interest for it to be as full and

detailed as possible.

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

construction)

Structural Adequacy of Adjoining Properties – Excavation Works

C3. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining properties that require dilapidation

reports under the above condition, which certifies their ability to withstand the proposed

excavation and outlines any measures required to be implemented to ensure that no

damage will occur to adjoining properties during the course of the works, must be


Certificate. The measures outlined in the certified report must be complied with at all

times.

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

in close proximity during excavation works)

Structural Adequacy of Existing Building

C4. 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

C5. Prior to issue of any Construction Certificate a Geotechnical/Civil Engineering report

must be prepared which addresses at a minimum (but is not limited to) the following:-

a) the type and extent of substrata formations by the provision of a minimum of

four (4) representative bore hole logs which are to provide a full description of

all material from ground surface to 1.0m below the finished basement floor level

and include the location and description of any anomalies encountered in the

profile. The surface and depth of the bore hole logs must be related to Australian

Height Datum;

b) the appropriate means of excavation/shoring in light of point (a) above and

proximity to adjacent property and structures. Potential vibration caused by

method of excavation and potential settlements affecting nearby

footings/foundations must be discussed and mechanisms to ameliorate any such

impacts recommended;

c) the proposed method to temporarily and permanently support the excavation for

the basement adjacent to adjoining property, structures and road reserve if

nearby (full support must be provided within the subject site);

d) the existing groundwater levels in relation to the basement structure, where

influenced;

e) the drawdown effects on adjacent properties (including road reserve), if any, the

basement excavation will have on groundwater together with the appropriate

construction methods to be utilised in controlling groundwater. Where it is

considered there is the potential for the development to create a “dam” for

natural groundwater flows, a groundwater drainage system must be designed to

transfer groundwater through or under the proposed development without a

change in the range of the natural groundwater level fluctuations. Where an

impediment to the natural flow path is constructed, artificial drains such as

perimeter drains and through drainage may be utilised; and

f) recommendations to allow the satisfactory implementation of the works. An

implementation program is to be prepared along with a suitable monitoring

program including control levels for vibration, shoring support, ground level

and groundwater level movements during construction. The implementation

program is to nominate suitable hold points at the various stages of the works

for verification of the design intent before sign-off and before proceeding with

subsequent stages.

The geotechnical report must be prepared by an appropriately qualified consulting

geotechnical/ hydrogeological engineer with previous experience in such investigations

and reporting.




September 2013 v1

It is the responsibility of the consulting geotechnical/ hydrological specialist to

undertake the appropriate investigations, reporting and specialist recommendations to

ensure a reasonable level of protection to adjacent property and structures both during

and after construction. The report must contain site-specific geotechnical

recommendations and shall specify the necessary hold/inspection points by relevant

professionals as appropriate.

The design principles for the geotechnical report are as follows:

a) no ground settlement or movement is to be induced which is sufficient enough

to cause an adverse impact to adjoining property and/or infrastructure;

b) no changes to the ground water level are to occur as a result of the development

that are sufficient enough to cause an adverse impact to the surrounding

property and infrastructure;

c) no changes to the ground water level are to occur during the construction of the

development that are sufficient enough to cause an adverse impact to the

surrounding property and infrastructure;

d) vibration is to be minimised or eliminated to ensure no adverse impact on the

surrounding property and infrastructure occurs, as a result of the construction of

the development;

e) appropriate support and retention systems are to be recommended and suitable

designs prepared to allow the proposed development to comply with these

Design Principles; and

f) an adverse impact can be assumed to be crack damage as identified within the

relevant Australian Standard for determining such damage.

The report, satisfying the requirements of this condition, must be submitted to the


The professional recommendations, implementation program, monitoring program,

mitigation measures and the like contained in the report must be implemented in full

during the relevant stages of excavation and construction.

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

during the excavation process)

Sediment Control

C6. 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.




September 2013 v1

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)

Work Zone

C7. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be

issued by the Council prior to the issue of any Construction Certificate.

Work Zones are provided specifically for the set down and pick up of materials and not

for the parking of private vehicles associated with the site. Works Zones will generally

not be approved where there is sufficient space on-site for the setting down and picking

up of goods being taken to or from a construction site. If the Works Zone is approved

by the Committee, the Applicant must obtain a written copy of the related resolution

from the North Sydney Local Traffic Committee and submit a copy of this to the

Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the

Committee, including installation of the necessary ‘Work Zone’ signage and payment

of any fees, must occur prior to commencement of any works on the site. Further, at the

expiration of the Work Zone approval, the developer is required to remove the Work

Zone signs and reinstate any previous signs, all at the developer's cost. The

requirements imposed by the Committee on the Work Zone permit (or permits) must

be complied with at all times.

(Reason: Amenity and convenience during construction)




September 2013 v1

Obtain Driveway Crossing Permit and associated works permit

C8. Prior to the issue of the Construction Certificate, North Sydney Council must issue the

applicant with a driveway crossing and road infrastructure works permit to suit the

approved off-street parking facilities. To obtain the permit, an application must be made

to Council on a ‘Vehicular Access Application’ form with payment of the adopted

assessment/inspection fees. Council will require civil design construction drawings and

certification from the applicant’s Civil Engineer to verify design details and enable

permit issue. The responsibility for accuracy of the design fully rests with the designing

engineer. All responsibility on implementation and supervision of works specified on

design plans fully rests on designing engineer or whoever is chosen to be applicant’s

engineering representative. The civil design drawings shall detail the following

infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways must comply with AS 2890.1 and Council’s

current Vehicular Access Application Guidelines and Specification (gutter bridges

not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the

carriageway, layback, vehicular crossing or parking floor.

b) The width of the vehicular layback must be 6.5m (including the wings).

c) The boundary footpath levels must match the existing levels and shall not be

altered unless agreed to by Council.

d) Alignment levels at the boundary have an important impact on the proposed levels

for new driveway. The works must not start until confirmation of boundary

alignment levels from Council. Council has the authority to remove any

unauthorized works at the cost of the property owner.

e) The Certifying Authority must ensure that the internal property levels at boundary

matches council’s confirmed boundary levels.

f) The crossing (between the layback and the property boundary) must be

perpendicular on a single straight grade, falling to the back of the layback. It must

be taken into account that the change in cross fall grade of the road shoulder and

driveway crossing is no more than 15%. The cross fall of the road shoulder is

measured for a distance of 1200 mm falling to the gutter lip , starting from the

surface of the existing carriageway 1650 mm from the existing face of kerb.

g) If the change in the cross fall grade of the existing road shoulder levels and

projected driveway crossing taken from existing footpath boundary levels exceeds

15%, the gutter levels and road shoulder levels will require some adjustment

(lifting) to prevent scraping of vehicles and to ensure smooth transitions. As a

result, the kerb & gutter are to be transitioned as necessary on both sides of the

proposed layback crossing to ensure that a minimum longitudinal fall of 1% is

achieved to maintain gutter flows, but transition on both sides must be no less than

2 meters long.

h) The footpath and grass verge on McPherson Street must be reconstructed and are

to be transitioned at least 1.5m on both sides or for additional pavement panel,

whichever is greater, to ensure uniformity on the footpath.

i) The kerb gutter, and 1200 mm road shoulder wide- strip, adjacent to all new

layback and gutter works, on McPherson Street must be reconstructed, to ensure

uniformity in the road reserve.

j) Any twisting of driveway access to ensure vehicles do not scrape must occur

wholly within the subject property.




September 2013 v1

k) All inspection openings, utility services must be adjusted to match the proposed

driveway levels and location.

l) The design detail has to be provided with vehicular access application and must

include sections along centre-line and extremities of the crossing at a scale of 1:25.

Sections are to be taken from the centre of the roadway through to the parking area

itself and shall include all changes of grade and levels, both existing and proposed.

m) A longitudinal section along the gutter line of McPherson Street at a scale of 1:50

showing how it is intended to transition the layback with the existing gutter levels

and shall include all changes of grade and levels, both existing and proposed.

n) A longitudinal section along the footpath property boundary at a scale of 1:50 is

required and shall include all changes of grade and levels, both existing and

proposed.

o) The sections must show the calculated clearance to the underside of any overhead

structure.

All driveway and infrastructure works on the road reserve must proceed in accordance

with the terms of the permit issued by Council. Inspections by Council will be required

as specified on the permit. The Certifying Authority issuing the Construction Certificate

must ensure that the permit issued by Council is obtained prior to its issue, is referenced

on and accompanies the Construction Certificate issued.

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

disruption to pedestrian and vehicular traffic)

Stormwater Management and Disposal Design Plan

C9. 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 to Council’s kerb in MacPherson

Street. That part of the stormwater drainage from house addition that is to be

constructed and that cannot be drained towards the street shall be conveyed via

OSD system to the absorption trenches system in the rear yard. The size of

proposed trench system shall be determined from the catchment area that is

draining into it and from the soil absorption rate. The minimum depth of each

absorption trench must not be less then 1 meter. A distance of absorption trench

from any building structure or property boundary shall be minimum 2 meters and

it shall be placed in parallel to the site contours.

c) Pipelines within the footpath area shall be hot dipped galvanized steel rectangular

hollow section with a minimum wall thickness of 4.0 millimeters and a section

height of 100 millimeters.

d) Any footpath panel on Macpherson Street disturbed for the purpose of stormwater

connection shall be reconstructed as whole panel.




September 2013 v1

e) Provision is to be made for the collection and disposal in an approved manner of

any overland flow entering the subject property, or concentrated as a result of the

proposed works.

f) Floor levels adjacent to overland flow path, are to be minimum 500 mm above 1

in 100 year flood level. A report prepared by an appropriately qualified hydraulics

engineer is to be submitted to the certifying authority with the construction

certificate application, detailing the 1 in 100 year flood level and minimum floor

level.

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.

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)

On-Site Stormwater Detention

C10. On site detention must be provided to ensure that the maximum discharge from the site

is not exceeded discharge which would occur during a 1 in 5 year storm for the time of

concentration determined for the particular site, for the existing site conditions. All

other stormwater run-off from the site for all storms up to the 1 in 100 year storm is to

be retained on the site for gradual release to the kerb and gutter or drainage system as

required by Director of Assets and Infrastructure Services. Provision is to be made for

satisfactory overland flow should a storm in excess of the above parameters occur.

Determination of the required cumulative storage must be calculated by the mass curve

technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and

Runoff Volume 1, 1987 Edition.

Engineering calculations, design and certification complying with this condition must

be provided by an appropriately qualified and practicing Civil Engineer and submitted

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

Certificate.

(Reason: To ensure appropriate provision is made for the disposal and

management of stormwater generated by the development, and to ensure

that public infrastructure in Council’s care and control is not overloaded)




September 2013 v1

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and

Gutter, Footpaths, Vehicular Crossing and Road Pavement

C11. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $6,000.00 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 1 year for

stormwater and 6 months for major road works and 2 months for vehicular

crossing & small associated footpath works, after the work is completed.

The security in accordance with the schedule contained later in these conditions and

must be provided by way of a deposit with the Council; or a guarantee satisfactory to

Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of defect risk period for the

particular type of work as specified above (under c)), 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.

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

appropriate quality for new public infrastructure)

Garbage and Recycling Facilities

C12. An appropriate area must be provided within the premises for the storage of garbage

bins and recycling containers and all waste and recyclable material generated by this

premises. The following requirements must be met:


http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#environment

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#control



September 2013 v1

a) all internal walls of the storage area must be rendered to a smooth surface, coved

at the floor/wall intersection, graded and appropriately drained with a tap in

close proximity to facilitate cleaning;

b) provision for the separation and storage in appropriate categories of material

suitable for recycling;

c) the storage area must be adequately screened from the street, with the entrance

to the enclosures no more than 2m from the street boundary of the property;

Plans and specifications which comply with this condition must be submitted to the


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: The applicant may wish to discuss bin storage requirements and location with

Council’s Environmental Services prior to finalisation of the required detail,

and a copy of Council’s Waste Handling Guide should be obtained for reference

purposes before the design is finalised.

(Reason: To ensure the provision of appropriate waste facilities for residents and

protect community health, and to ensure efficient collection of waste by

collection contractors)

Asbestos Material Survey

C13. 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.




September 2013 v1

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)

Noise from Plant and Equipment

C14. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant

and equipment operating contemporaneously on the site or in the strata scheme or

in the mixed strata schemes to exceed the RBL by more than 5dB when measured

at the boundary of any affected receiver . The modifying factor adjustments in

Section 4 of the EPA Industrial Noise Policy shall be applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment Operations

Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme

or another strata scheme), premises for short-term accommodation, schools, hospitals,

places of worship, commercial premises and parks and such other affected receiver as

may be notified by the Council in writing.

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

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 an appropriate level of amenity for adjoining land uses)

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




September 2013 v1

(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)

Acoustic Privacy (Residential Apartments)

C16. Noise levels in sole occupancy units of residential apartments must not exceed the

following:

Location Maximum

Habitable Rooms other than Sleeping Areas 40 LAeq (1hr)

Sleeping Areas 35 LAeq (1hr)

The “Maximum” limits are to apply in any hour of a 24 hour period with the windows

of the sole occupancy unit closed.

“habitable room” has the same meaning as in the Building Code of Australia

A floor separating sole occupancy units shall have a weighted standardised impact

sound pressure level L’nT,w not more than 55dB when measured in-situ in accordance

with AS ISO 140.7-2006 “Field measurements of impact sound insulation of floors"

and rated to AS ISO 717.2-2004 “Rating of sound insulation in buildings and of

building elements. Part 2: Impact sound insulation”. This clause shall not apply to the

floor of a kitchen, bathroom, toilet or laundry in a residential sole occupancy unit.

Mechanical equipment such as lift plant, air conditioning plant servicing the building

and pumps shall not be located immediately adjacent bedrooms.

A statement from an appropriately qualified acoustical consultant eligible for

membership of the Association of Australian Acoustic Consultants, certifying that the

acoustic mitigation measures outlined above have been satisfied, must be submitted to

the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To comply with best practice standards for residential acoustic amenity)




September 2013 v1

Underground Electricity and Other Services

C17. All electricity and telecommunication provision to the site is to be designed in

conjunction with Energy Australia and any other relevant authority so that it can be

easily connected underground when the street supply is relocated underground. 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 provide infrastructure that facilitates the future improvement of the

streetscape by relocation of overhead lines below ground)

Section 94 Contributions

C18. A monetary contribution pursuant to the provisions of Section 94 of the Environmental

Planning and Assessment Act 1979, in accordance with the North Sydney Council

Section 94 Contribution Plan for the public amenities/ services detailed in column A

below and, for the amount detailed in column B below, must be paid to Council.

A B ($)

Administration $ 441.73

Community Centres $ 2,005.46

Childcare Facilities $ 765.13

Library and Local Studies Acquisitions $ 374.04

Library Premises and Equipment $ 1,157.21

Multi Purpose Indoor Sports Facility $ 315.99

Olympic Pool $ 1,029.15

Open Space Acquisitions $ 12,613.08

Open Space Increased Capacity $ 25,001.30

Public Domain Improvements $ 988.33

Traffic Improvements $ 1,213.13

Total $ 45,904.55

The contribution MUST BE paid prior issue of any Construction Certificate.

The above amount, will be adjusted for inflation by reference to the Consumer Price

(All Ordinaries) Index applicable at the time of the payment of the contribution.

A copy of the North Sydney Section 94 Contribution Plan can be viewed at North

Sydney Council’s Customer Service Centre, 200 Miller Street, North Sydney or

downloaded via Council’s website at www.northsydney.nsw.gov.au

(Reason: To retain a level of service for the existing population and to provide

the same level of service to the population resulting from new

development)




September 2013 v1

Security Deposit/ Guarantee

C19. 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 ($)

Engineering Construction Bond $6,000.00

TOTAL BONDS $6,000.00

Note: The following fees applicable

Fees

Section 94 contribution $45,904.55

TOTAL FEES $45,904.55

(Reason: Compliance with the development consent)

BASIX Certificate

C20. 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. 764436M 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)

Outdoor Lighting

C21. All outdoor lighting must comply with, where relevant AS/NZ1158.3: 1999 Pedestrian

Area (Category P) Lighting and AS4282:1997 Control of the Obtrusive Effects of

Outdoor lighting. Details demonstrating compliance with these requirements must be


Certificate. The Certifying Authority must ensure that the building plans and

specifications submitted fully satisfy the requirements of this condition.

(Reason: To maintain the amenity of adjoining land uses)




September 2013 v1

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 lodgment of the application.)

(Reason: To ensure the community is protected from the cost of any claim for

damages arising from works on public land)

Notification of New Addresses

D2. Prior to the commencement of any building works, an application must be made and

written confirmation received from North Sydney Council of the allocated street

address (house number) and/ or unit numbers of the completed project.

To assist Council, a plan for unit numbering should be submitted for concurrence.

These details will be recorded in Council records and must be displayed at the property

in accordance with the provisions of the applicable Australian Standard relating to rural

and urban addressing. A copy of the allocation confirmation must be submitted to the

Certifying Authority with the application for a Construction Certificate.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy.

Proper house numbering also assists emergency services in readily

locating properties)

Sydney Water Approvals

D3. 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)




September 2013 v1

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

Service Adjustments

E1. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the

requirements of the relevant utility authority. These works shall be at no cost to Council.

It is the Applicants full responsibility to make contact with the relevant utility

authorities to ascertain the impacts of the proposal upon utility services at the

appropriate stage of the development (including water, phone, gas and the like). Council

accepts no responsibility whatsoever for any matter arising from its approval of this

application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

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.




September 2013 v1

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)

Geotechnical Stability during Works

E5. A contractor with specialist excavation experience must undertake the excavations for

the development and a suitably qualified and consulting geotechnical engineer must

oversee the excavation procedure.

Geotechnical aspects of the development work, namely appropriate excavation method

and vibration control, support and retention of excavated faces, and hydrogeological

considerations must be undertaken in accordance with the recommendations of the

geotechnical report and all subsequent geotechnical inspections carried out during the

excavation and construction phase.

Approval must be obtained from all affected property owners, including North Sydney

Council where rock anchors (both temporary and permanent) are proposed below

adjacent private or public property.

(Reason: Ensure appropriate professional are engaged at appropriate stages during

construction)

Council Inspection of Public Infrastructure Works

E6. During the works on public infrastructure reverting to Council’s care and control,

Council’s development engineer may undertake inspections of the works at the

following hold points: -

a) Vehicular access; and associated road civil works




September 2013 v1

All works must proceed in accordance with Roads Act 1993 approvals or other permits

relating to roads issued by Council. A minimum of 48 hours notice must be given to

Council to book an inspection. Work must not proceed until the works or activity

covered by the inspection is approved.

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

system)

Progress Survey

E7. In order to ensure compliance with approved plans, a Survey Certificate, to Australian

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

a) at the completion of the first structural floor level indicating the level of that

floor and the relationship of the building to the boundaries;

b) at the completed height of the building, prior to the placement of concrete

inform work, or the laying of roofing materials; and

c) at completion, the relationship of the building, and any projections thereto, to

the boundaries.

Progress certifications in response to points (a) through (c) must be provided to the

Certifying Authority for approval at the time of carrying out relevant progress

inspections. In the event that such survey information is not provided or reveals

discrepancies between the approved plans and the proposed works, all works, save for

works necessary to bring the development into compliance with the approved plans,

must cease. Works may only continue upon notification by the Certifying Authority to

the Applicant that survey information (included updated survey information following

the carrying out of works to comply with the approved plans) complies with this

condition.

(Reason: To ensure compliance with approved plans)

Dust Emission and Air Quality

E8. The following must be complied with at all times:

(a) Materials must not be burnt on the site.

(b) Vehicles entering and leaving the site with soil or 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)




September 2013 v1

Noise and Vibration

E9. 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

E10. 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)

No Removal of Trees on Public Property

E11. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including

for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets)

Special Permits

E12. 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)




September 2013 v1

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

E13. 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.




September 2013 v1

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

E14. 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.




September 2013 v1

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

E15. 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.



Sediment and Erosion Control Signage

E16. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not

be maintained. A sign of the type referred to in this condition is available from Council.



Site Amenities and Facilities

E17. 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

E18. 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.


http://www.northsydney.nsw.gov.au/



September 2013 v1

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

E19. 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

E20. 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)

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:


http://www.northsydney.nsw.gov.au/



September 2013 v1

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.


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.



excavation)




September 2013 v1

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)

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)

Protection of Public Places

F9. 1) A hoarding and site fencing must be erected between the work site and adjoining

public place.




September 2013 v1

2) If necessary, an awning is to be erected, sufficient to prevent any substance

from, or in connection with, the work falling into the public place.

3) The work site must be kept lit between sunset and sunrise if it is likely to be

hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work has been

completed.

5) No access across public reserves or parks is permitted.

Note: Prior to the erection of any temporary fence or hoarding over property owned

or managed by Council, written approval must be obtained. Any application

needs to be accompanied by plans indicating the type of hoarding and its layout.

Fees are assessed and will form part of any approval given. These fees must be

paid prior to the approval being given. Approval for hoardings will generally

only be given in association with approved building works, maintenance or to

ensure protection of the public. An application form for a Hoarding Permit can

be downloaded from Council’s website.

(Reason: To ensure public safety and the proper management of public land)

Site Sign

F10. 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.


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




September 2013 v1

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)

Certification- Civil Works

G2. a) An appropriately qualified and practising Civil Engineer must certify to the

Certifying Authority that the stormwater drainage system is constructed in

accordance with this consent and the provisions of the applicable Australian

Standard. A copy of the certificate must be submitted to Council (if it is not the

Certifying Authority) upon completion of the development works and prior to

the issue of an Occupation Certificate.

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

Certifying Authority that the vehicular crossing and associated works and road

works were constructed in accordance with this consent and any approval for

works in the road reserve issued by the Council. A copy of the certificate must

be submitted to Council (if it is not the Certifying Authority), upon completion

of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

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)

Covenant & Restriction (Stormwater Control Systems)

G4. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and

one copy must be submitted to Council in registrable form, providing for::

a. a restriction as to user and positive covenant as to user as appropriate in favour

of North Sydney Council burdening 102 Macpherson Street requiring the

ongoing retention, maintenance and operation of the stormwater facility (on-site

detention);

b. North Sydney Council being nominated in the Instrument as the only party

authorised to release, vary or modify the Instrument;




September 2013 v1

c. the wording on the Instrument making reference to the Council file/s which

hold:

(a) the Construction plans; and

(b) the “Work-as-Executed” (as built) plans;

Upon Council being satisfied as to the terms of the Instrument, North Sydney Council’s

official seal will be affixed to these documents, prior to submission to the Land &

Property Information Office for registration

The Instrument creating the restriction and/or covenant under ss 88B and 88E required

by this condition of consent must be registered on the Title of the development site prior

to the issue of an Occupation Certificate or commencement of use of the site, whichever

is the earlier.

Evidence of the registration of the instrument referred to in this condition is to be

provided to Council prior to the issue of an Occupation Certificate.

All costs associated with the preparation, approval and registration of the Instrument

required by this condition of consent must be borne by the person acting on this consent

including the reasonable costs of Council in obtaining advice, negotiating the terms or

otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system)

Notification of New Address Developments

G5. Prior to any Occupation Certificate being issued, the person acting upon this consent

must comply with the following: -

(a) Notify Australia Post of the address(es) as issued by Council and the location in

plan form of any secondary, internal addresses, in relation to built public roads.

Check Australia Post Website (www.auspost.com.au) to find your nearest

Australia Post Delivery Facility.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy.

Proper house numbering also assists emergency services in readily

locating properties)

Landscaping

G6. The landscaping shown in the approved landscape plan numbered LPDA17-008-C

prepared by Conzept Landscape Architects and received by Council on 9 December

2016 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance)


http://www.auspost.com.au/



September 2013 v1

Allocation of Spaces

G7. Car parking spaces must be provided and maintained at all times on the subject site.

The spaces shall be allocated at the rate of no more than one space per apartment or

dwelling.

Car parking spaces provided must only be used in conjunction with the approved uses

contained within the development.

In the case of Strata subdivision any car parking for strata lots for residential purposes

must be individually allocated to its corresponding residential strata lot as part of each

lots' unit entitlement.

(Reason: To ensure that adequate parking facilities to service the development are

provided on site)

I. On-Going / Operational Conditions

Outdoor Lighting

I1. Outdoor lighting on rooftop level of the proposed dwelling areas must not be

illuminated between 9:00 pm and 7:00 am.

The design and placement of outdoor lighting generally over stairs, entries and

pathways must:

(a) be directed away from any residential dwelling;

(b) not create a nuisance or negatively affect the amenity of the surrounding

neighbourhood; and

(c) be operated by motion sensors after 9:00pm.

(Reason: To ensure residential premises are not affected by inappropriate or

excessive illumination)

K. Prior to the Issue of any Strata Certificate

Strata Subdivision

K1. A Strata Certificate pursuant to the Strata Schemes (Freehold Development) Act 1973,

that authorises registration of the strata plan, strata plan of subdivision or notice of

conversion at NSW Land and Property Information Office must be obtained. If the

Strata Certificate is obtained from an Accredited Certifier, other than the Council, the

certifier is to provide Council with a copy of the endorsed Strata Certificate within 7

days of issuing the same, pursuant to the Strata Schemes (Freehold Development)

Regulation 2002.

NOTES: For approval of the Strata Certificate by North Sydney Council, the following

must be submitted to Council: -




September 2013 v1

a) the original strata plans or strata plans of subdivision and administration sheets

plus two (2) copies of each, and any original Instrument (including but not

limited to any section 88B or 88E instruments) to be endorsed, all enclosed in

a protective cardboard tube (to prevent damage during transfer);

b) 2 additional copies of the strata plans or strata plans of subdivision and any

relevant Instrument for submission to Council Customer Services and records

department for electronic database scanning and copying;

c) a completed Subdivision or Strata Certificate Application form together with

payment of fee current at lodgement;

d) written evidence that all applicable conditions of consent required to be

satisfied, prior to issue of the Strata Certificate, have been satisfied. Council will

check the consent conditions on the relevant consent(s). Failure to submit the

required information will delay endorsement of the Strata Certificate, and may

require payment of rechecking fees;

e) plans of subdivision and copies must not be folded; and

f) council will not accept bonds in lieu of completing subdivision works.

(Reason: To ensure compliance with relevant legislative requirements and

maintenance of up to date Council records)

Sydney Water

K2. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. .

The Section 73 Certificate must be submitted to the Certifying Authority or North

Sydney Council with the documentation to enable the issue of the Strata Certificate.

Notes:

1. Application must be made through an authorised Water Servicing Co-ordinator,

for details see the Sydney Water web site www.sydneywater.com.au or

telephone 13 20 92.

2. Following application, a ‘Notice of Requirements’ will be forwarded detailing

water and sewer extensions to be built and charges to be paid. Please make

early contact with the Coordinator since building of water/sewer extensions can

be time consuming and may impact on other services and building, driveway or

landscape design.

(Reason: To ensure compliance with Sydney Water requirements)


http://www.sydneywater.com.au/



September 2013 v1

Release of Strata Certificate

K3. The Strata Certificate that authorises registration of the Strata Plan, Strata Plan of

Subdivision or Notice of Conversion at NSW Land and Property Information shall not

be issued until bounding walls, floors and ceilings between proposed strata lots have

been constructed in accordance with the approved plans identified in Condition A1 of

this Consent.

(Reason: To ensure that the registered strata plan relates to approved

development)

Allocation of Parking and Visitor Parking

K4. Car-parking provided must only be used in conjunction with the units and tenancies

contained within the development. Any carparking for strata lots for residential

purposes must be individually allocated to its corresponding residential strata lot as part

of each lot’s unit entitlement.

The spaces shall be allocated at the rate of no more than one space per apartment or

dwelling.

(Reason: To ensure that adequate parking facilities to service the development are

provided on site)

Building and Unit Numbering (Strata Subdivisions)

K5. Prior to issue of the Strata Certificate, the person acting upon this consent must apply

to North Sydney Council and receive written confirmation of the allocated street

address and unit numbers for the building and the approved strata allotments within the

completed project. These are the property addresses that will be recorded in Council

records and must be displayed at the property in accordance with the provisions of the

applicable Australian Standard (AS/NZS 4819:2011).

To assist Council, a draft proposal for numbering within the strata scheme or street

should be submitted for concurrence to Council, as these numbers will be used to

maintain Council’s property and mapping database.

(Reason: To ensure that Council records are accurate, and that building and unit

numbering complies with the requirements of Council’s Property

Addressing Policy. Proper building and unit numbering also assists

emergency services in readily locating properties)

Services within Lots

K6. A report must be provided by a Registered Surveyor certifying that all services

(including but not limited to stormwater drainage, gas, electricity, telephone cable) as

constructed or to be constructed are/will be contained within each lot or within the

necessary easements to accommodate such services. The report must be submitted to

the Certifying Authority for approval prior to the issue of any Subdivision Certificate.

(Reason: To ensure adequate servicing of the development)


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North Sydney CouncilCopyright:

Copyright @ Nodh Sydney Council - No part ofthis map may be reproduædwithout permission. Commercial dec¡sions should not be made based oninfofmâtion @ntained rn lhis map withoul lìrst checkrng delails held by lheresponsible Governrent aulhoriiy.

Furlherdetails can be obtaiñed by ælling (02) 9936 8100 ore-mailmâ[email protected].


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.

Documents

Item - REPORTS · The proposed development incudes the re-subdivision of the site into six x Strata Title allotments, with the individual allotments reflecting the physical configuration