NORTH SYDNEY COUNCIL · 2015. 8. 27. · North Sydney Independent Planning Panel – 02/09/2015 Page No 5 balustrade to the front elevation; and 5. The balcony awning over is to have

NORTH SYDNEY COUNCIL

Council Chambers

27 August 2015

I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT

PLANNING PANEL will be held in the Council Chambers, North Sydney at 2pm on

Wednesday 2 September 2015 when your attendance is requested.

Your attention is directed to the accompanying statement of the business proposed to be

transacted at such meeting.

WARWICK WINN

GENERAL MANAGER

BUSINESS

1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 5

August 2015.

(Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

Pane

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ber Panel M

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Panel Member Panel Member

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Speaker/s

North Sydney Independent Planning Panel – 02/09/2015 Page No 2

2. IPP01: 8 Ridge Street, North Sydney (V) - DA 113/15

Applicant: Joanne Nancie Ludlow

Report of Susanna Cheng, Senior Assessment Officer, 25 August 2015

This development application seeks Council’s approval for alterations and

additions to provide ground level office, refurbished courtyard, and a dwelling

at first and second floor levels, being shop top housing. The building is

identified as a heritage item of local significance and has historically been

used for both business and residential purposes.

The application is reported to North Sydney Independent Planning Panel for

determination because the variation sought to the non-residential FSR

development standard is greater than 10% requiring determination by the

NSIPP in accordance with the directions from the NSW Department of

Planning.

The site is within an area of a Mixed Use zone for which a Non-Residential

FSR of between 0.5:1 & 2:1 applies under North Sydney LEP 2013. The

proposed provision of 66.2m2 of commercial floor space, or 0.36:1, is less than

the minimum requirement of 0.5:1, the shortfall being 25.7m2 or 14% of site

area.

The variation has been assessed against the objectives of the provision and is

considered to be reasonable and justifiable in the circumstances of the case. In

particular, business premises will be maintained at ground level and provide

for an active street frontage. The property will continue to promote a vibrant

and interesting mix of compatible residential and commercial uses. The

proposal will not significantly erode the hierarchy of commercial centres in

North Sydney as the site is relatively small and located on the northern fringe

of a Mixed Use zone and that immediately abuts predominantly residential,

civic and institutional land uses.

The internal configuration will provide for appropriate and adequate

segregation between business and residential users within a single integrated

office and shop top residential accommodation. The proposed ratio of

commercial to residential floor space reflects, and is appropriate to, the

existing configuration and levels of the terrace building, with minimal works

and impacts on the significant fabric of the heritage terrace. Continuation of

use of the site, in part, as a residence is consistent with the historic use of the

property.

The existing building envelope will generally be maintained, with the

exception of a minor extension at the rear. This addition will not result in any

significant shadow or other amenity impacts as it is single storey located at

ground level within the western breezeway. The new window openings

overlooking the breezeway will not result in any material privacy impacts as

the windows are associated with bedrooms and will be required (via condition)

to be vertically proportioned so as to limit sightlines. A high level of

residential amenity will be achieved, including access to outdoor open space,

subject to additional soft landscaping in the front courtyard, also via condition.

Council’s notification of the proposal has not attracted any submissions.

Following this assessment the development application is considered to be

reasonable in the circumstances and is recommended for approval subject to

conditions.


Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND

ASSESSMENT ACT 1979 (AS AMENDED)

THAT the North Sydney Independent Planning Panel, under the delegation of

the General Manager as the consent authority, assume the concurrence of the

Director General of the Department of Planning and invoke the provisions of

clause 4.6 in North Sydney LEP 2013 with regard to the exception to the

development standard for non-residential floor space ratio, grant consent to

Development Application No. 113/15 for alterations and additions to

provide ground level office refurbished courtyard, and a dwelling at first

and second floor levels, being shop top housing, subject to the attached

standard conditions and following site specific conditions:-

Separate DA for new signage

A4. A separate development application for any proposed signs (other than

exempt or complying signs under Council’s exempt and complying DCPs)

must be submitted to and approved by Council prior to the erection or display

of any such sign(s).

(Reason: To clarify approved development)

Western side windows

C20. The windows on the western elevation of the proposed bedrooms and

ensuite shall be as follows:

(a) First floor: The existing window shall be retained and the new window

shall match the existing.

(b) Second floor: The new windows to the bedroom shall match the existing

window on the first floor which is required to be retained, and the ensuite

window shall have obscure glazing and a sill height that matches the bedroom

windows.

(c) All of the above new windows shall be timber-framed and have a window

sill, to match the existing window on the first floor.

The Certifying Authority must ensure that the building plans and

specifications submitted by the Applicant, referenced and accompanying the

issued Construction Certificate, fully satisfy the above.

(Reason: To minimise heritage impacts & clarify ensuite window location)

Soft landscaping

C21. The following soft landscaping shall be provided in place of the pavers

within the front courtyard:

(a) Hedge plants along the southern (front) and western (side) boundaries of

the courtyard. Nominated screen plant specimens must be advanced growth

and have a minimum height of 1 metre at installation.

(b) Groundcovers to the full extent of the area between the perimeter plantings

required in (a) above and the existing front verandah and entry path.

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 adequate soft landscaping for residential and streetscape

amenity)


Ground floor use

I2. The ground floor of the building shall be used for the purpose of business

premises at all times during the approved hours of operation contained in

condition I1 of this consent.

(Reason: Permissibility)

3. IPP02: 14 Hampden Street, North Sydney (V) - DA 183/15

Applicant: Charlie Baini

Report of Adonna See, Graduate Assessment Officer 12 August 2015

This development application seeks Council’s approval for alterations and

additions to an existing terrace dwelling.

The subject property is a heritage item but is not located in a conservation

area. It is one of five Victorian Filigree terraces that form the Hampden Street

Terraces Group. The dwelling is a two storey rendered building with a skillion

roof behind a parapet wall, and single storey rear extension.


determination because the variation sought to the building height development

standard is greater than 10% requiring determination by the NSIPP in

accordance with the directions from the NSW Department of Planning.

The owners of adjoining properties and the Stanton Precinct were notified of

the proposed development on 19 June 2015. Council’s notification of the

proposal has not attracted any submissions.

The assessment has considered the performance of the application against

Council’s planning requirements under NSLEP 2013 and NSDCP 2013. The

written submission provided addressing the requested variation to the height of

building control is considered to be well founded and the proposed height

variation considered to be acceptable.

The development application is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.





Director General of the Department of Planning and invoke the provisions of

Clause 4.6 with regard to the exception to the development standard for height,

and grant consent to Development Application No. 183/15 for alteration and

additions to the existing terrace dwelling at No. 14 Hampden Street, North

Sydney, subject to the attached conditions.

Modifications to Rear Balcony

A4. The balcony to the north elevation must be amended to comply with the

following:

1. The first floor balcony is to have a depth no greater than 800mm from the

building facade;

2. The balcony shall be set back 1700mm from the eastern facade;

3. The westernmost balcony glass door panel is to be deleted and the balcony

door is to be limited to double french doors with traditional proportions;

4. The balustrade is to be constructed using metal railing to match the existing


balustrade to the front elevation; and

5. The balcony awning over is to have a projection no greater than 450mm

from the face of the building;

The Certifying Authority is to be satisfied that the Construction Certificate

drawings have been amended to reflect the requirements of this condition prior

to the issue of the Construction Certificate.

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

palette of materials used on the Hampden Street Terraces Group, and to

minimise the bulk and scale of the built form)

Roof Sheeting

C11. New roof sheeting to have a corrugated profile.

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

Street Terraces Group)

New Windows and Doors

C12.New windows and doors to be timber framed.

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

Street Terraces Group)

Finishes, Materials and Exterior Colours C13.The exterior colour scheme shall be complimentary to the terrace and to

the other terraces within the Hampden Street Terraces Group. A schedule of

finishes, materials and external colours shall be submitted to the Certifying

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

Certifying Authority must ensure that the building plans and specifications

submitted fully satisfy the requirements of this condition prior to the release of

the Construction Certificate.

(Reason: To ensure that exterior colours, finishes and materials are

sympathetic to the significance of the heritage item)

4. IPP03: 1-3 and 3A Broughton Street, Kirribilli (V) - DA 98/15

Applicant: Arlonu Pty Ltd, PO Box 586, Milsons Point NSW 1565

Report of Luke Donovan, Senior Assessment Officer, 24 August 2015

This development application seeks NSIPP approval for the consolidation of

the two (2) lots, new commercial spaces over the existing ground floor with

two new apartments above, garbage storage and sanitary facilities on Lot 4 and

minor alterations including an additional three additional car parking spaces on

Lot 100.

The application is reported to North Sydney Independent Planning Panel due

to the level of public interest and the extent of variation (>10%) to the building

height and floor space ratio controls in Clauses 4.3(2) and 4.4 (2) in NSLEP

2013.

Council’s notification of the proposal attracted a total of six (6) submissions

against the application raising concerns about excessive noise, traffic impacts,

lack of on-site car parking, waste, non compliance with the building height and

floor space ratio controls in NSLEP 2013.

The proposed redevelopment on the southern side of the site (No.1-3

Broughton Street) is considered to complement the scale, architectural form

and materials of the existing building on the northern side of the site (No.3A

Broughton Street). The development addresses the corner of Fitzroy and


Broughton Streets and will read as a two storey building when viewed from

Fitzroy Street which is characteristic of surrounding developments within the

Kirribilli Village Centre.

The density of the development is also considered to be generally consistent

with existing commercial and shop top housing developments in the Kirribilli

Village Centre.

The proposed access to the new retail tenancies at the corner of Broughton and

Fitzroy Streets is via Bligh Street which is considered to be remote and

undesirable as it would provide less equitable, safe and convenient access for

disabled persons entering or leaving the premises. Council’s preference would

be for the installation of a lift within the building to provide access to the new

retail tenancies and apartments. The applicant has been reluctant to install a lift

as recommended by Council Officers rather has relied on the above alternate

solution. Nevertheless, a condition is recommended requiring the building to

be designed and constructed to provide access and facilities in accordance with

the Building Code of Australia and Disability (Access to Premises –

Buildings) Standards 2010

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

& Assessment

Act 1979, the application is considered reasonable in the site circumstances

and recommended for approval subject to conditions of consent.





Director General of the Department of Planning and Environment and invoke

the provisions of Clause 4.6 with regard to the exception to the development

standard for building height and floor space ratio, and grant consent to

Development Application No. 98/15 for The consolidation of the lots, new

commercial spaces over the existing ground floor with two new apartments

above, garbage storage and sanitary facilities on Lot 4 and minor alterations

including an additional three additional car parking spaces on Lot 100, subject

to the following conditions of consent:-

C1. Amalgamation of Lots

Prior to the issue of the Construction Certificate, the applicant shall submit

documentary evidence from the Land and Property Information Service to the

Principal Certifying Authority demonstrating that the existing allotments (Lot

100 in DP 868901 and Lot 4 in DP 337445) have been amalgamated into one

Torrens Title allotment.

(Reason: To facilitate the orderly development of the land)

5. IPP04: 1-7 Rangers Road (aka 50 Yeo Street), Neutral Bay (C) - DA

245/15

Applicant: Jessica Ann Glew

Report of Jason Lambropoulos, Assessment Officer, 26 August 2015

This development application seeks NSIPP approval for an office fit out on

Level 4 of an existing commercial building including the enclosure of an


existing terrace on the western elevation, to be relocated to the northern

elevation on land at No. 50 Yeo Street, Neutral Bay.


determination because the proposed works are above the permissible height

limit of 16m pursuant to Clause 4.3 (2) in NSLEP 2013. The non-compliance

with the permitted height limit is greater than 10% requiring determination by

North Sydney Independent Planning Panel as directed by the Department of

Planning and Environment.

Council’s notification of the proposal resulted in no submissions.

A Clause 4.6 submission seeking a variation to the building height limit in

Clause 4.3 of NSLEP 2013 was provided by the applicant. The submission is

considered to be well founded, and compliance with the standard is considered

to be unreasonable and unnecessary in the site circumstances as the proposal

would not cause material amenity impacts upon surrounding properties subject

to the imposition of conditions. The nature, bulk and scale of the proposed

external alterations would not have an adverse impact upon the form of the

existing building.

The proposal also involves changes to the existing floor area of the fourth floor

office that is non-compliant with the permissible non-residential floor space

ratio in Clause 4.4A (2) of NSLEP 2013. The relocation of the terrace from the

western elevation to the northern elevation triggers the need for a Clause 4.6

submission that was found to be satisfactory because there was no overall

increase in floor space ratio without causing any adverse impacts to adjoining

properties and/or the streetscape.

Following this assessment the development application is considered to be

reasonable in the circumstances and is recommended for approval subject to

conditions.



THAT the North Sydney Independent Planning Panel, as the consent

authority, assume the concurrence of the Director General of the Department

of Planning and invoke the provisions of Clause 4.6 with regard to the

exception to the development standards for building height and floor space

ratio, and grant consent to Development Application No. 245/15 for an office

fit out to Level 4 of an existing commercial building and the enclosure of a

terrace and creation of a new terrace on land at No. 1-7 Rangers Road (also

known as 50 Yeo Street), subject to the following site specific condition and

attached standard conditions.

External Building Materials

C1. The materials, colours and finishes of the proposed alterations shall match

the materials used on the subject building’s existing facade. Plans and

specifications which comply with this condition must be submitted to the

Certifying Authority for approval prior to the issue of any Construction

Certificate.

(Reason: To ensure quality built form of development)


6. IPP05: 9 - 11 Rangers Road, Neutral Bay (C) - DA 116/15

Applicant: HELM Pty Limited

Report of Natalie Moore, Assessment Officer, 25 August 2015

This development application seeks approval from the North Sydney

Independent Planning Panel for redevelopment of the subject properties to

provide a new five – six storey mixed use/shop top housing building

containing two (2) retail/commercial tenancies on the lower ground level

fronting Yeo Street, one (1) retail/commercial tenancy on the ground level

fronting Rangers Road and Yeo Street, and three (3) retail/commercial

tenancies on the ground level fronting Rangers Road, twenty-three (23)

apartments on the upper levels and 3½ levels of basement parking for thirty

(30) vehicles.

Council’s notification of the original proposal attracted ten (10) submissions,

five (5) of which supported the proposed development. The remaining give

(5) raised particular concerns about overshadowing, traffic impacts during and

post construction of the development, parking and loading impacts, and the

oversupply of retail tenancies within Neutral Bay. Notification of the

amended proposal attracted six (6) submissions, five (5) of which were from

previous submitters reiterating their support for the application and one (1)

new submission raising concerns about view loss.

The development application has been assessed against the North Sydney LEP

2013 and North Sydney DCP 2013 and SEPP 65 – Design Quality of

Residential Flat Building and generally found to be satisfactory.

This report has considered a written request submitted by the applicant seeking

a variation to Clause 4.3 in North Sydney LEP concerned with the height of

buildings height pursuant to Section 4.6 of the LEP. It is considered that the

variation to the building height development standard could be supported

because the building elements in breach of the LEP building height

development standard would not cause material impacts on the amenity of the

adjoining properties as well as the character of the locality.

The applicant has also amended the design of the proposal in response to the

comments provided by the Design Excellence Panel that recommended

modifications to the building setback above podium, a 1.5 metre setback of the

ground floor along Rangers Road, and a connecting link between the atrium

and lightwell. The amendments are considered to be acceptable.

The applicant has not made provision for a garbage chute and compaction unit

within the development and giving consideration to the small number of

apartments, the exclusion of the chute and compaction unit is considered to be

acceptable. However, to ensure that waste disposal is properly managed, and

residents of the development are fully aware of the arrangements for waste

management and disposal within the building, it is recommended that a

deferred commencement condition be imposed, requiring the applicant to

amend the Waste Management Plan submitted with the development

application to provide further details on how residents will be educated and

notified on the waste disposal arrangements within the building.

It is recommended that a deferred commencement approval be granted

subject to the submission of the amended Waste Management Plan.




THAT the North Sydney Independent Planning Panel, as the consent

authority, assume the concurrence of the Director General of Planning and

Infrastructure invoke the provisions of Clause 4.6 with regard to the exception

to the development standard for height and grant deferred commencement

consent to Development Application No.116/15 for a mixed use/shop top

housing building on land at Nos. 9 – 11 Rangers Road, Neutral Bay subject to

the following attached site specific conditions and other standard conditions:-

Waste Management Plan (Deferred Commencement)

AA1. The Waste Management Plan prepared by Elephants Foot Recycling

Solutions, dated 25 March 2015, shall be amended to provide further details on

how residents within the building will be notified of the proposed residential

waste disposal arrangements specifically, the requirement for residents to

dispose of waste materials in the nominated waste refuse room within the

lower ground level/basement, and how this refuse room can be accessed from

the residential apartments within the development.

The amended Waste Management Plan should clearly specify the requirement

for a building manager/cleaner to be employed to ensure the intent of the

Waste Management Plan is met.

(Reason: To ensure that residents of the development are fully aware of the

arrangement for waste management and disposal within the development)

Upon satisfaction of the deferred commencement condition, the following

conditions apply:

The issue of Construction Certificates shall be staged as follows:

A5. CC1-This Construction Certificate shall include works for securing and

clearing of the subject site, the provision of preliminary services and the

setting up of sedimentation fencing. This Construction Certificate shall not

include any excavation and other construction/building works.

CC2-This Construction Certificate shall include excavation works, the

construction of the foundations (including piering), basement slabs and

pouring of the ground floor slab.

CC3-This Construction Certificate shall include the construction of the

remaining structures of the approved development.

(Reason: To enable staging of the Construction Certificate issue process)

Signage

A6. No approval is granted or implied for any signage across the approved

building (excluding signage which can be installed under SEPP (Exempt and

Complying Development Codes- 2008)).

(Reason: To ensure that the terms of the consent are clear)

Amalgamation of Lots (CC1) C1. Prior to the issue of ANY Construction Certificate, the applicant shall

submit documentary evidence to the Principal Certifying Authority

demonstrating the amalgamation of the existing allotments, Lots 7 and 8 in DP

2989.

(Reason: To ensure the existing allotments are to be amalgamated and

consistency with the development)


7. IPP06: 21 Parraween Street and 320-322 Military Road, Cremorne (T) -

DA 400/14/3

Applicant: Aplus Design Group

Report of Geoff Mossemenear, Executive Planner, 11 August 2015

This Section 96(2) application seeks Council’s approval to modify the consent

for a mixed use development providing commercial/retail floor space at the

ground floor level, and 33 residential apartments in the four (4) levels above.

The proposed amendment comprises the addition of private open space at the

roof level for Apartments U404 and U405, accessed via internal stairs within

each of the apartments. The private open space comprises enclosable "garden

rooms" with direct access to/from roof terraces fronting Military Road. The

"garden rooms" extend to the south of the approved lift overrun and plant

room at the roof level.

Development Application No. 400/14 proposing the construction of a mixed

use development providing 758m² of commercial/retail floor space at the

ground floor level, and 33 residential apartments in the four (4) levels above,

was approved by North Sydney Independent Planning Panel (NSIPP) at its

meeting of 4 March 2015. This application was called up by more than 2

Councillors to be determined by NSIPP.

Council’s notification of the proposal has attracted one submission raising

particular concerns about amenity impacts from the proposed terraces. The

assessment has considered these concerns as well as the performance of the

application against Council’s planning requirements.

Following this assessment the application is recommended for refusal for the

following reasons:

1. The proposal is not considered to be substantially the same development as

approved by the North Sydney Independent Planning Panel.

2. A six storey building would be inconsistent with surrounding development

and the desired future character of the area.

The additional structure would be highly visible from the public domain.

Recommending: THAT the North Sydney Independent Planning Panel, under delegation from

the General Manager, refuse to modify consent dated 5 March 2015 for a

mixed use development providing commercial/retail floor space at the ground

floor level, and 33 residential apartments in the four (4) levels above on land

described as 21 Parraween Street and 320-322 Military Road, Cremorne, under

the provisions of Section 96 of the Environmental Planning and Assessment

Act for the following reasons:

1. The proposal is not considered to be substantially the same development as

approved by the North Sydney Independent Planning Panel.

2. A six storey building would be inconsistent with surrounding development

and the desired future character of the area.

3. The additional structure would be highly visible from the public domain.


8. IPP07: CG-01, 450 Miller Street, Cammeray (T) - DA 179/08/2

Applicant: TPG NSW On behalf of Harris Farm Markets Cammeray Pty Ltd

Report of Geoff Mossemenear, Executive Planner, 14 August 2015

Harris Farm Market Cammeray occupies two tenancies on the ground floor of

Cammeray Square. The business also occupies storage and delivery space on

the basement level. The tenancies are known as CG-01 and CG-02 and the fit

out and use of these tenancies has been the subject of two separate planning

approvals. CG-01 and the basement loading and cool room were approved by

the Land and Environment Court (LEC) in October 2008, while CG-02

received development approval from Council in April 2008.

This Section 96AA application seeks to modify the consent granted by the

Court with regard to 2 conditions relating to amalgamation of tenancies and

staff numbers. The application is referred to NSIPP due to the compliance

history with the site.

The proposal has attracted one submission raising particular concerns about

shop size, Cammeray Village character, back of house facilities, traffic,

parking, staff numbers and loading facilities. The assessment has considered

these concerns as well as the performance of the application against Council’s

planning requirements.

Following this assessment the development application is recommended for

refusal due to the modification not being substantially the same as approved

by the Court.

Recommending:


the General Manager as the consent authority, not modify consent No.179/08

(Land and Environment Court Proceedings No.10699 of 2008 determined on

21 October 2008, as detailed in Section 96.AA application No.179/08/2, with

regard to the request to modify condition I5 and delete Condition I14, as the

proposed modification would allow the retail space to be substantially

increased and therefore would not be the same development approved by the

Court.

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

This is Page No 1 of the Minutes of the North Sydney Independent Planning Panel

Meeting held on 5 August 2015.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL

MEETING HELD IN THE COUNCIL CHAMBERS, NORTH SYDNEY, ON WEDNESDAY 5

AUGUST 2015, AT 4.00PM.

PRESENT

Chair:

Jan Murrell in the Chair

Panel Members:

Michael Harrison – Panel Member

Ian Pickles – Panel Member

Virginia Waller – Panel Member

Staff:

Stephen Beattie – Manger Development Services

Geoff Mossmenear – Executive Assessment Planner

David Hoy – Team Leader Assessments

Robyn Pearson – Team Leader Assessments

David McQuade – Governance Co-Ordinator (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSIPP Meeting of 1 July 2015 were confirmed following that meeting.

2. Declarations of Interest

Nil.

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 05/08/2015 Page No 2



3. Business Items

ITEM 1

DA No:

359/14

ADDRESS:

5 Bank Street, North Sydney

PROPOSAL:

Partial demolition and substantial alterations and additions to

the existing dwelling to create a new residence including

construction of a new 2-level pavilion style addition to the rear of

the site linked to the cottage via a walkway and internal stairs

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL: Public interest

APPLICANT: Russell Prescott [email protected]

Public submissions

1. Warren Marsh – Submitter

2. Barbara Masel – Submitter

3. Stephen Harrop – Submitter

4. Michael Vandivo – Submitter

5. Glenn Rorke – Submitter

6. Michael Smith – Submitter

7. Michael Oliver – Submitter

8. Giovanni Cirillo – Planner for applicant

9. Adrian Hall – Owner

10. Russell Prescott – Architect

Dr Nicholas Fisher – written submission

Business Item Recommendations

The Panel noted the following items tabled at the public meeting:

Submission by JBA Urban Planning Consultants

Submission by Robinson Urban Planning

Visual impact assessment prepared by adjoining residents

Rear set back analysis diagram prepared by JBA Urban Planning Consultants

Alternate scheme prepared by adjoining resident

The Council Officer’s recommendation is endorsed by the Panel.

Panel Reason:

The Panel had the benefit of a site inspection and viewed the height poles erected on site and

noted the supporting survey plan.




The Panel carefully considered the submissions made and on balance considers the

development warrants approval. With respect to the rear building line the Panel was satisfied

that the proposal provides a reasonable outcome having regard to all the objectives of the

DCP control for rear setbacks and the character statement (including characteristic pattern of

setbacks, the bulk and scale of development, separation between buildings and the amenity of

the subject dwelling and adjoining properties).

The Panel has considered the property as a contributory item in the conservation area. The

Panel considers the proposal to be reasonable in terms of its built form from a streetscape

point of view as the separate pavilion allows the original form of the dwelling to be

interpreted. Similarly the chimneys are felt to be consistent with the heritage approach

adopted to retain the existing dwelling.

The Panel reviewed the shadow diagrams and is satisfied that the amenity impacts are

generally acceptable given the site constraints.

The Panel is also satisfied by the applicant’s arborists report and geotechnical report that the

trees and the retaining wall within the adjoining Shore School land will not be endangered by

the proposed development subject to compliance with the recommended conditions.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Ian Pickles X

Michael Harrison X Virginia Waller X

ITEM 2

DA No:

13/15

ADDRESS:

22-28 Albany Street, St Leonards

PROPOSAL:

New Mixed Use Building

REPORT BY NAME:

Lara Huckstepp, Executive Planner

REASON FOR NSIPP

REFERRAL:

Clause 4.6 Objection to Building Height, Scale of

Development, public interest APPLICANT: P.D.Mayoh Architects Pty Ltd

60 Strathallen Avenue

NORTHBRIDGE NSW 2063

[email protected]

Public submissions

1. Leigh Nicholas – Submitter

2. Helen Nicholas – Submitter

3. Peter Mayoh – Architect


mailto:[email protected]




The Council Officer’s recommendation is endorsed by the Panel subject to:

Modification of condition C2 so as to read as follows:

Privacy

C22. The following privacy devices shall be implemented:

A privacy screen of 1.5m shall be provided along the eastern side boundary of

Level 4.

All east facing balconies on Levels 5 & 6 shall have translucent glazing for the

balustrades.

The Certifying Authority must ensure that the building plans and specifications,

referenced on and accompanying the issued Construction Certificate, fully satisfy the

requirements of this condition.

(Reason: to protect privacy of surrounding development)

(Panel Reason: to provide light whilst still maintaining privacy)

Modification of condition C20 so as to read as follows:

Bicycle Storage and Parking

C20. The development provide a minimum of:

A secure bicycle compound (Class 2 as defined in AS2890.3) capable of

storing 48 bicycle parking spaces for residents

Bicycle racks/rails (Class 3 as defined in AS2890.3) capable of storing 5

bicycle parking spaces for resident’s visitors

7 x bicycle locker (Class 1 as defined in AS2890.3) for commercial staff

2 x bicycle rack/rail (Class 3 as defined in AS2890.3) for commercial visitors

The 7 x Class 3 bike facilities should be located on ground level basement

level 1, close the entrance in a safe, well lit, attractive and convenient location.

All aspects of the bicycle parking and storage facilities comply with the Australian

Standard AS2890.3. The Certifying Authority must ensure that the building plans and

specifications, referenced on and accompanying the issued Construction Certificate,

fully satisfy the requirements of this condition.

(Reason: to promote and provide facilities for alternative forms of transport)

(Panel Reason: to maintain the amenity of the foyer whilst still providing appropriate

facilities for bicycles.)








ITEM 3

DA No:

155/15

ADDRESS:

116 Atchison Street, Crows Nest

PROPOSAL:

Demolition of dwelling and construction of new part single,

part 2-storey dwelling, with car space at rear REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL: Demolition of a Neutral Item within a Conservation Area

APPLICANT: Contemporary Architecture

Pty Ltd

c/- Clare Carter

203/10-12 Clarke Street

CROWS NEST NSW 2065

[email protected]

Public submissions

1. Danny Vaz – Submitter

2. Geraldine Mack – Submitter

3. Clare Carter – Architect


The Council Officer’s Recommendation is endorsed by the Panel subject to the proposed

building being relocated one metre towards the front boundary.

(Panel Reason: to provide improved solar access and built form relationship to the adjoining

property 118 Atchison Street. This will also provide for additional soft landscaping in the rear

yard whilst still making a positive contribution to the heritage conservation streetscape and

allowing for a feature tree in the front yard and respecting the adjoining heritage item.)

Condition C14 is to be amended to provide for the retention of the magnolia closest to the

rear boundary.

The conditions are amended accordingly.








ITEM 4

DA No:

DA.107/15

ADDRESS:

562a Miller Street Cammeray

PROPOSAL:

Demolition of existing building and erection of a six storey

residential flat building containing 11 dwellings with

mechanical parking system, and strata subdivision. REPORT BY NAME:

Geoff Mossemenear, Executive Planner

REASON FOR NSIPP

REFERRAL:

Public interest and breach of height control.

APPLICANT: Modog Pty Ltd

PO Box 222

Cammeray NSW 2062

Email

[email protected]

Public submissions

1. James Lovell – Planner for applicant







ITEM 5

DA No:

DA 18/15

ADDRESS:

71 Carter Street, Cammeray

PROPOSAL:

Alterations and additions to a single storey dwelling, including

a first floor rear addition REPORT BY NAME:

Jason Lambropoulos

REASON FOR NSIPP

REFERRAL:

The application is reported to North Sydney Independent

Planning Panel for determination as requested by Councillor

Beregi and Councillor Marchandeau. APPLICANT: Cape Cod Australia Pty. Ltd.

PO BOX 2002

North Parramatta 1750





Public submissions

1. Georgina Storey – Submitter

2. Anthony Tsoukalas – Applicant

3. Natalie Campbell – Owner


The Council Officer’s Recommendation is endorsed by the Panel subject to the amended

plans 18/05/15 being substituted in condition A1.

The Panel notes that the rear deck has been reduced in depth to one metre and the balustrade

and doors are to be modified by condition C1. Furthermore the Panel notes there is a

separation distance greater than twelve metres to the adjoining apartments to the south.





ITEM 6

DA No:

DA 101/15

ADDRESS:

31 Churchill Crescent, Cammeray

PROPOSAL:

Demolition of the existing single dwelling and the construction

of an attached dual occupancy and swimming pool. REPORT BY NAME:

Luke Donovan

REASON FOR NSIPP

REFERRAL:

The noncompliance with the permitted height limit is greater

than 10% APPLICANT: Wei Hong Cao, 91 Eastern Valley

Way, Castlecrag, 2068

Public submissions

1. Russell Prescott – Architect



The Panel carefully considered the shadow diagrams and the impact on No.29 Churchill

Crescent and considers the design of the built form has responded appropriately to the

circumstances and having regard to the neighbours amenity.








ITEM 7

DA No:

DA45/15

ADDRESS:

42 MacPherson Street, Cremorne

PROPOSAL:

Alterations and additions to an existing single storey semi-

detached dwelling including an extension to the first floor addition

and a single storey rear addition. REPORT BY NAME:

Robin Tse, Senior Assessment Officer

REASON FOR NSIPP

REFERRAL:

The application is reported to NSIPP for determination as

requested by Councillor Beregi and Councillor Marchandeau. APPLICANT: Leanne Carroll

42 MacPherson Street

CREMORNE NSW 2090

Mobile: 0438 004 438

Public submissions

1. Chris Wall – Submitter

2. Nooi Carroll – Owner

3. Brian Hollis – Architect


The Council Officer’s report is noted and the recommendation is endorsed by the Panel.





ITEM 8

DA No:

16/15

ADDRESS:

136 Military Road, Neutral Bay

PROPOSAL:

Mixed Use Building




REPORT BY NAME:

Lara Huckstepp, Executive Planner

REASON FOR NSIPP

REFERRAL: Non-compliance with DCP car parking controls

APPLICANT: Greenbox Architecture

Suite 31, 26-32 Pirrama Road

PYRMONT NSW 2009

[email protected]

om

Public submissions

No persons elected to speak.







ITEM 9

DA No:

DA384/14

ADDRESS:

41 Ben Boyd Road, Neutral Bay

PROPOSAL:

Alterations and additions to the existing semi detached

dwelling REPORT BY NAME:

Luke Donovan

REASON FOR NSIPP

REFERRAL:

The application is reported to North Sydney Independent

Planning Panel for determination following the submission of

amended plans as required by the Panel’s resolution dated 6

May 2015. APPLICANT: Simon Rosewell Pty Ltd, 4/20 Fairlight Crescent, Fairlight NSW

2094

Public submissions

1. Susan McEvoy – Submitter

2. Laurent Horrut – Submitter

3. Clare Carter – Architect on behalf of submitters

4. Simon Rosewell – Architect

5. Annelize Kaalsen – Planner

Mariana and Brent Rice – written submission






The Panel notes the amended plans substantially satisfy the Panel’s previous resolution of 6

May 2015 and given the circumstances and the benefit of additional information the Panel is

satisfied the intent is met.

The Panel notes that the awning over the upper level has been deleted by condition and the

reduction in the balcony depth by condition and this results in an improved privacy and solar

access outcome.

The Panel considered that the applicant’s shadow diagrams were adequate to enable proper

assessment of the impacts to the adjoining property. In considering the overshadowing impact

the Panel had regard for the fact that a wholly compliant single storey extension into the rear

garden would have a more detrimental effect than the development proposed. The Panel

considered that the amended development was reasonable having regard for the density of

development and the lots east/west orientation. In determining the shadow impact is

reasonable, the Panel had regard for the Council’s DCP objectives for solar access.





ITEM 10

DA No:

DA402/11/4

ADDRESS:

8 & 8A Baden Road, Kurraba Point (C)

PROPOSAL:

Section 96AB Review of Council’s determination to modify a

consent for a double garage to remove central sandstone piers

to two garage doors & to provide new door / staircase to/ from

northern garage. REPORT BY NAME:

David Hoy

REASON FOR NSIPP

REFERRAL:

This application seeks a review under Section 96AB of the

Act, of Council’s previous approval of S.96 Modifications

under Development Application No. 402/11/4. The application

relates to a previous approval for alterations and additions to

a two storey heritage listed red brick duplex including a

second (new) double garage (the northern garage) and other

works. APPLICANT: Anne Colville Architect Pty Ltd

Public submissions




1. Anne Colville – Architect



The Panel considered the architect’s submission in relation to the proposed garage door

design and determined the proposal subject to changes to condition C18 to read as follows:

Garage doors

C18. The garage doors of the northern and southern garages of the duplex must comply

with the following requirements:

i. the garage doors are to be of panel lift design; and

ii. the design, colour and material of the garage doors is to be consistent with the

‘seville’ design tabled by the architect and the colour of the doors are to match

the existing colour of the verander balusters

The Certifying Authority must ensure that the building plans and specifications

submitted by the applicant referenced on and accompanying the issued Construction

Certificate, fully satisfy the requirements of this condition.

(Reason: to reduce the impact of the double wide doors on the streetscape and to

be sympathetic to the character of the heritage item)





ITEM 11

DA No:

DA 142/15

ADDRESS:

31 Burton Street, Kirribilli

PROPOSAL:

Construction of a timber pergola and steel trellis over an

existing residential courtyard REPORT BY NAME:

Geoff Goodyer Town Planning Consultant

REASON FOR NSIPP

REFERRAL:

The application is reported to NSIPP as the site is within

proximity of a site that an elected member of Council has an

interest in. APPLICANT: Arc Design Studio

Suite 24/Level 1, 50 Yeo Street

NEUTRAL BAY NSW 2089

[email protected]




Public submissions

No persons elected to speak at the meeting.



The Panel concurs with the condition to delete the proposed timber louvres on the northern

elevation and replaced with soft landscaping.





ITEM 12

DA No:

163/15

ADDRESS:

125 & 127 Carabella Street, Kirribilli

PROPOSAL:

Alterations and additions to existing semi-detached dwellings

REPORT BY NAME:

Natalie Moore, Assessment Officer

APPLICANT: Bijl Architecture

PO Box 572

Willoughby

Email:

[email protected]

Public submissions

1. Bob and Sharon Fryer – Owners written submission







ITEM 13





DA No:

125/15

ADDRESS:

8 Hampden Street, North Sydney

PROPOSAL:

Alterations and additions to existing terrace dwelling and new

masonry fences to side boundaries at the rear REPORT BY NAME:

Adonna See, Graduate Assessment Officer

REASON FOR NSIPP

REFERRAL: Height variation greater than 10%

APPLICANT: L.C. Projects

126 Lorraine Street

PEAKHURST HEIGHTS NSW 2210

Public submissions

No persons elected to speak at the meeting.







ITEM 14

DA No:

DA 126/15

ADDRESS:

283a Miller Street, North Sydney (V)

PROPOSAL:

Upgrading of lighting to North Sydney Oval involving

upgrade of five existing lighting poles and installation of two

new 28 metre high poles. The lights are proposed to have a

curfew time of 11pm. REPORT BY NAME:

Pierre Le Bas, Consultant Town Planner and Lawyer, and

Hayley Marks, Assistant Town Planner, Turnbull Planning

International Pty Limited

REASON FOR NSIPP

REFERRAL:

The applicant is seeking development consent for the

upgrading of existing lighting facilities at North Sydney Oval,

283a Miller Street, North Sydney. The proposal will upgrade

five (5) light poles with new and additional luminaires and an

additional two new light poles are proposed. A total of seven

(7) light poles are involved in this proposal. The lights are

proposed to have a curfew time of 11.00pm. APPLICANT: North Sydney Council




Public submissions

No persons elected to speak.


The Consultant Planner’s recommendation is endorsed by the Panel.





The public meeting concluded at 6.50pm.

The Panel Determination session commenced at 7.02pm.

The Panel Determination session concluded at 9.10pm.

Endorsed by Jan Murrell

North Sydney Independent Planning Panel

6 August 2015

Documents

NORTH SYDNEY COUNCIL · 2015. 8. 27. · North Sydney Independent Planning Panel – 02/09/2015 Page No 5 balustrade to the front elevation; and 5. The balcony awning over is to have