NORTH SYDNEY COUNCIL · THAT the North Sydney Independent Planning Panel, under the provisions of Section 96(2) of the Environmental Planning and Assessment Act, and resolve to grant

NORTH SYDNEY COUNCIL

Council Chambers

26 May 2016

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 1 June 2016 when your attendance is requested.

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

transacted at such meeting.

ROSS MCCREANOR

ACTING GENERAL MANAGER

BUSINESS

1. Minutes

Confirmation of Minutes of the previous Meeting held on Wednesday 4 May

2016.

(Circulated)

NSIPP COUNCIL CHAMBERS SEATING PLAN

PUBLIC GALLERY

Pane

l Mem

ber Panel M

ember

Panel Member Panel Member

Staf

f

Speaker/s

NORTH SYDNEY INDEPENDENT PLANNING PANEL – 01/06/2016 Page No 2

2. IPP01: 8 Bay View Street, Lavender Bay (V) - DA 311/13/3

Applicant: Elaine & Richard Wong

Report of Kim Rothe, Senior Assessment Officer, 25 May 2016

The subject Section 96(2) application seeks approval to modify Consent No 311/12

with regard to increased excavation in basement and alteration to roof materials and

form. The primary purpose of the modification is to rationalize the approved

basement by permitting excavation to extend up to the side boundaries.

The original application was considered and approved under the provisions of NSLEP

2001 and NSDCP 2002. These instruments have since been repealed and the subject

application has been considered under the provisions of Section 96(2) of the Act,

NSLEP 2013 and NSDCP 2013.

The application is reported to NSIPP for determination due to the level of public

interest in the proposed development and concerns raised in the submissions.

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

two properties raising particular concerns regarding excavation, view loss, roof form,

pitch and materials, and consistency with approved plans.

The assessment of the proposal has considered the concerns raised in the submissions

as well as the performance of the application against Council’s planning

requirements.

The modifications make limited alteration to the approved built form and would result

in an external built form which is consistent with the development as originally

approved. The matters relating to the additional excavation, roof form, new view loss

and pitch and materials are not considered to give rise to material concerns to

adjoining properties and the modifications are supported in the circumstances.

The modified development is generally consistent with the aims of the zone and the

desired future character under the LEP 2013 and DCP 2013. The proposal as

modified continues to be in context with its surrounds and is in keeping with the

desired future character of the area and accordingly is recommended for approval

subject to modification to conditions as included in the recommendation of this

report.

Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND

ASSESSMENT ACT 1979 (AS AMENDED)

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

Section 96(2) of the Environmental Planning and Assessment Act, and resolve to

grant consent to application No 311/13/3 to modify DA311/13/2 to with regard to

increased excavation in basement, various changes to windows at No. 8 Bay View

Street, Lavender Bay, subject to the following modification to the conditions:

1. To amend Condition A1 and C6 as follows:-

Development in Accordance with Plans (Section 96 Amendments)

A1. The development being carried out in accordance with Drawings Numbered

233_100 DA_3, 233_101 DA_3, 233_102 DA_3, 233_103 DA_3, 233_105 DA_3,

dated 20 December 2013, Drawn by Collins and Turner and received by Council on

24 December 2013. Drawings Numbered 233_104 DA_4, 233_200 DA_4, 233_201

DA_4, 233_202 DA_4, 233_203 DA_4, 233_300 DA_4, dated 21 February 2014,

drawn by Collins and Turner and received by Council on 24 February 2014 and

endorsed with Council’s approval stamp, except where amended by the following

conditions and as modified by highlighting on:

(a) Section 96 DA311/13/2 Drawings numbered 233_100 – 233_105, 233_200 –

233_203, 233_300, 233_302 Revision S96, dated 29 April 2014, drawn by Collins

and Turner, and received by Council on 5 May 2014. Drawing numbered 233_500

Revision S96_2, dated 09 July 2014, drawn by Collins and Turner, and received by

Council on 09 July 2014.

(b) Section 96 DA311/13/3 Drawing as per the following table


Drawing Numbered

/Title

Revision Dated Drawn by Date Received by Council

233_000 Content

Sheet

S96 29/04/14 Collins and Turner 24 November 2015

233_001 Context Plan S96 29/04/14 Collins and Turner 24 November 2015

233_003 Stormwater Sediment and Erosion

Control Plan

S96/2 15/11/15 Collins and Turner 24 November 2015

233_004 Area

Diagrams Plans

S96/3 01/02/16 Collins and Turner 29 February 2016

233_100 Site Plan S96 29/04/14 Collins and Turner 24 November 2015

233_100 Garage Floor

Plan

S96/2 15/11/15 Collins and Turner 24 November 2015

233_102 Ground Level Plan


233_103 Level 1 Plan S96 29/04/14 Collins and Turner 24 November 2015

233_104 Roof Level

Plan


233_105 Landscaping Plan


233_200 North

Elevation

S96 01/02/16 Collins and Turner 29 February 2016

233_201 South

Elevation

S96 Collins and Turner 24 November 2015

233_201 East and

West Elevation


233_300 Long

Section


233_302 Long

Section


233_302 Cross

Section


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

with the determination of Council, Public Information)

Geotechnical Report

C6. 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 required by this condition must have regard for the details

and recommendations of the Report prepared by JK Geotechnics (dated 23

February 2016 Reference No: 26755ZCLet) and must be prepared by an

appropriately qualified consulting geotechnical/ hydrogeological engineer with

previous experience in such investigations and reporting.

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.

g) all works are to be undertaken from within the subject site and not be reliant on

shoring located upon adjoining properties.

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

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

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)

3. IPP02: 50 Ridge Street, North Sydney - DA 78/16

Applicant: North Sydney Leagues Club Ltd.

Report of Geoff Mossemenear, Executive Planner, 20 May 2016

This development application seeks Council’s approval for internal refurbishment of

the main clubhouse building, internal alterations to Club’s northern storage area to

provide additional toilets and for continued use of outdoor dining and bar area with

trading hours 8am to 12 midnight daily and restricted hours for the outdoor areas.

Council’s notification of the proposal has attracted eight submissions raising

particular concerns intensification of use, change of use, noise, parking, traffic,

amenity impacts, patron behaviour and excessive numbers of patrons and operation

hours. There were also three letters in support and the applicant submitted 27 pro

forma letters in support. 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

as the intensification of the use and substantial increase in patron capacity would

cause adverse amenity impacts on the neighbourhood, significant demand for limited

on street parking, with the change in the club facility to a predominantly outdoor

dining and bar area also being not conducive with recreational bowling greens and the

terms of the perpetual lease of Crown Land.



THAT the North Sydney Independent Planning Panel refuse development consent to

Development Application No. 78/16 for the internal refurbishment of the main

clubhouse building, internal alterations to Club’s northern storage area to provide

additional toilets and for use of outdoor dining and bar area with trading hours 8am to

12 midnight daily and restricted hours for the outdoor areas on land at No.50 Ridge

Street, North Sydney, for the following reasons:-

1. The proposal is unsatisfactory with regard to the provision of on site parking for

patrons and staff. The existing parking area is not readily accessible due to

inadequate access, and the proposal generates significant additional on street parking

demand which adversely affects the availability of parking in surrounding streets.

2. The intensification of the use and substantial increase in patron capacity would

adversely affect the amenity of surrounding residential properties due to noise impacts

arising from amplified music, patrons on site, patrons off site when entering and

leaving the premises, noise from patrons and their vehicle movements when parking

in surrounding streets.

3. The proposal is inconsistent with the objectives of the RE1 Public Recreation zone

under NSLEP 2013, in that the development is not a compatible land use, with regard

to the intensity of the use and the impacts on the amenity of the surrounding areas in

relation to car parking, traffic, noise, disorderly behaviour, and the character of the

area. Further, the proposal does not protect and enhance the natural environment for

recreational purposes, and results in the loss of part of one of the bowling greens.

4. The use of the former bowling green for an outdoor dining and bar area is not

permissible in the RE1 Public Recreation zone unless the area is specifically included

as a licenced area under the Liquor Act 2007.

5. The change in the club facility to a predominantly outdoor dining and bar area is

not conducive with recreational bowling greens and the terms of the perpetual lease of

Crown Land.

6. The proposal is not in the public interest having regard to the submissions received

from surrounding residents.

4. IPP03: 101-111 Willoughby Road, Crows Nest (W) - DA 328/15

Applicant: Coles Group Property Developments Ltd

Report of Susanna Cheng, Senior Assessment Officer, 19 May 2016

This development application seeks Council’s approval for demolition of existing

buildings (including Zig Zag Lane structures), relocation of sewer and electricity

supply lines and substation, and removal of trees.

The application is reported to NSIPP for determination due to the proposed

works affecting Council owned land (Zig Zag Lane) and later construction works

involving the erection of a mixed use development with an associated Voluntary

Planning Agreement with material benefit to Council. The demolition is proposed as a stage of redevelopment of the site. The next stage

would involve construction of a mixed use development for the site, as approved

under a separate development application. This application is currently being

assessed and to be determined by the Sydney East Joint Regional Planning Panel.


The subject demolition and early works will facilitate the orderly development of the

land while the construction application is being progressed.

The portion of Zig Zag Lane forming part of the site is closed as a public road and the

sale of the laneway is subject to a Voluntary Planning Agreement associated with the

mixed use redevelopment of the site. Council has executed a Deed of Agreement to

ensure that the sale of Zig Zag Lane to the developer is subject to an Option for

Council to exercise a right to purchase the road back if the development does not

proceed. Conditions are recommended to ensure that the demolition works are tied to

a construction approval.

The development will result in a loss of streetscape amenity, however, on a temporary

basis only and considered necessary to facilitate mixed use redevelopment of the site.

Conditions are recommended to ensure that the site is kept safe for streetscape and

pedestrian amenity.

The proposed removal of trees is supported by Council’s landscape officers, in

consideration of the impact of demolition and future excavation and construction

works, and reinstatement of landscape amenity as would be required as part of the

new mixed use development.

The removal of 23 public car spaces in Zig Zag Lane is considered acceptable given

that demolition of the existing shopping plaza will reduce parking demand within the

site, and proximity of a public car park on Holtermann Street. The proposed

construction of a mixed use development includes a public car park.

The proposed early works will generally be limited to ground level and involve

localised earthworks to relocate essential services, with no deep excavations. No

objections have been raised by Ausgrid or Sydney Water in relation to the proposed

relocation of services infrastructure, subject to conditions.

Council’s notification of the proposal has attracted no submissions.

Following this assessment the development application considered to be satisfactory

and reasonable in the circumstances and is recommended for approval subject to

conditions.



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

General Manager as the consent authority, grant consent to Development

Application No. 328/15 in relation to demolition of existing buildings (including Zig

Zag Lane structures), relocation of sewer, electricity supply and substation, and

removal of trees, subject to the attached standard conditions and following site

specific conditions:

No demolition until new building is approved

A4. Demolition of building(s) and removal of tree(s) shall not commence until a

Construction Certificate has been issued for the construction of new building(s) on the

site and associated excavation and shoring works.

(Reason: To ensure orderly and economic staging of development on the land and to

minimise streetscape impacts)

Site Security and Safety

A5. At the completion of demolition of buildings and should the construction phase

of development be delayed, the site shall be secured and made safe with appropriate

security fencing, lighting, and stabilisation of the surface (to reduce dust nuisance to

surrounding properties).

(Reason: To protect amenity of neighbourhood)

Electricity substation kiosk

A6. The relocation of electricity substation kiosk is to comply with all of the

following requirements:

(a) Any relocation of kiosk Substation S5327 shall be to the satisfaction of Ausgrid.

Evidence of this shall be provided to the Certifying Authority in writing.


Note: Please contact Ausgrid Contestable Connections Officer on 02 43258585 and

have your Electrical Contractor/Electrical Consultant provide Ausgrid an

“Application for Connection” at your earliest convenience.

(b) Where the kiosk substation is relocated onto Atchison Street (or any public land),

a pedestrian footpath with a minimum clear width of 1.2m shall be provided and

maintained at all times on Atchison Street (or relevant public land). The Certifying

Authority must ensure that the building plans and specifications submitted by the

Applicant fully satisfy this requirement.

(c) The temporary substation kiosk shall be decommissioned and removed as soon

as practicable upon installation and operation of a new substation within the site, and

the footpath/public domain shall be repaired and made good to the satisfaction of

Council’s Development Engineer prior to the release of any bonds.

(d) All costs associated with relocation of the kiosk substation shall be borne by the

Developer, and at no cost to Council or Ausgrid.

(Reason: Essential infrastructure and public safety and amenity)

Sydney Water

A7. The development shall comply with the following requirements of Sydney

Water:

(a) The proposed development will be served by an extension from the 225mm

wastewater main in Atchison Street;

(b) The proposed wastewater infrastructure for this development will be sized and

configured according to the Sewerage Code of Australia WSA 02-2002-22 (Sydney

Water Edition 1 – Version 3);

(c) Where proposed works are in close proximity to a Sydney Water asset, the

developer may be required to carry out additional works to facilitate the development

and protect the wastewater main. Subject to the scope of development, servicing

options may involve adjustment/deviation and or compliance with the Guidelines for

building over/adjacent to Sydney Water assets; and

(d) Detailed wastewater requirements shall be provided at the Section 73 Sydney

Water Act 1994 application phase; and

(e) The drinking water main available for connection is the 180mm main on the

eastern side of Willoughby Road. Detailed drinking water requirements shall be

provided at the Section 73 Sydney Water Act 1994 application phase.

The Certifying Authority must ensure that the building plans and specifications

submitted by the Applicant fully satisfy the above, prior to commencement of any

demolition, earthworks or early works.

Notes

Sydney Water e-Planning

Sydney Water has an email address for planning authorities to submit statutory or

strategic planning documents for review. This email address is

[email protected]. lf you require any further information, please

contact Beau Reid of Urban Growth Strategy on 02 8849 4357 or email beau.

[email protected].

Sydney Water Servicing

For help with application for a Section 73 Compliance Certificate under the Sydney

Water Act 1994 visit www.svdneywater.com.au > Plumbing, building and

developing > Developing > Land development or telephone 13 20 92.

(Reason: To ensure compliance with the statutory requirements of Sydney Water)

Footpath Pavement

E39. Removal of any existing paved surfaces within the public footpath areas with

the TPZ’s of T3, T4, T5, T5a all Platanus x hybrida (London Planes) shall be taken in

accordance with Section 10.5 of the Arboricultural Impact Assessment Report (Ver.2)

dated August 2015, prepared by Earthscape Horticultural Services and received by

Council on 11/9/15.

mailto:[email protected]

http://www.svdneywater.com.au/


All excavations for the new pavement sub-grade and associated edge restraints with

the TPZs of these trees should be undertaken in accordance with Section 10.6 of the

Arboricultural Report.

(Reason: To ensure the health of Council’s street tree assets)

Support for Neighbouring Buildings

E40. The development shall comply with the following:

1) If excavation/earthworks extend below the level of the base of the footings of a

building or retaining wall/structure on an adjoining allotment of land, the person

causing the excavation/earthworks to be made:

a) Must preserve and protect the affected structure(s) from damage;

b) If necessary, must underpin and support the affected structure(s) in an approved

manner (subject to adjoining owner’s consent); and

c) Must, at least 7 days before excavating/earthworks below the level of the base of

the footings of the affected structure(s) on an adjoining allotment of land, give notice

of intention to do so to the owner of the adjoining allotment of land and furnish

particulars of the excavation/earthworks to the owner of the affected property.

2) The owner of the adjoining allotment of land is not liable for any part of the cost of

work carried out for the purposes of this clause, whether carried out on the allotment

of land being excavated or on the adjoining allotment of land.

3) In this clause, allotment of land includes a public road and any other public

place.

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

adjoining properties from potential damage)

Service adjustments

E41. 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)

5. IPP04: Suites 101, 102, 103, 104, & 105/ Nos. 362-364 Military Road, Cremorne

(also known as No. 65 Parraween Street) (T) - DA 500/06/3

Applicant: Andreas Fitness Pty Ltd

Report of Judith Elijah, Student Assessment Officer, 20 May 2016

This Section 96(1A) application seeks approval from NSIPP to formalise the hours of

operation of the gymnasium to 24 hours, 7 days a week on land at Nos. 362-364

Military Road, Cremorne (also known as No.65 Parraween Street, Cremorne).

On 4 March 2015, NSIPP granted approval to DA500/06/2 for the operation of the

gymnasium for 24 hours, 7 days a week on a twelve month trial period.

This Section 96 application is referred to the North Sydney Independent

Planning Panel for determination due to the proposed formalisation of the 24

hour operation of the premises.

Council’s notification of the proposal has attracted no submissions and a review of

Council’s records has determined that no formal written complaints/submissions were

received against the operation of the gymnasium since consent was granted for the

twelve month trial period.

Following this assessment the Section 96(1A) application is considered to be

reasonable in the circumstances and is recommended for approval subject to

modified conditions of consent.


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

General Manager as the consent authority, grant consent to DA500/06/3 for the

formalisation of 24 hour operation of the gymnasium on land at Suites 101, 102, 103,

104, & 105/ Nos. 362 –364 Military Road, Cremorne (also known as No. 65

Parraween Street) subject to the modification of Condition I1 as detailed below:

To amend condition (I1) of the consent to the hours of operation condition, as

follows:

Hours of Operation

I1. The proposed gym may be open for business between the following hours:

24 hours, 7 days a week.

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

6. IPP05: 181 Ben Boyd Road, Neutral Bay (T) - DA 421/15

Applicant: Leffler Simes Pty Ltd

Report of Luke Donovan, Senior Assessment Officer, 23 May 2016

The applicant is seeking development consent from NSIPP for alterations and

additions to the existing terrace including a new double garage with studio above on

the Yeo Lane frontage of the site at 181 Ben Boyd Road, Neutral Bay.

The application is reported to NSIPP due to the public interest shown in the

application.

Following notification of the original plans, Council received two (2) submissions

that raised particular concerns about overshadowing, loss of privacy, excessive bulk

and scale and the non compliance with side setback, site coverage and landscaped

area controls. The amended plans were also notified wherein Council received three

(3) submissions reiterating previous concerns.

The two storey scale to Yeo Lane is considered appropriate and not uncharacteristic

of the scale of surrounding developments that front Yeo, Olive and Cheal Lanes. The

two storey scale of the development is similar to that of the Cremorne Synagogue

which partially adjoins southern boundary of the site. The proposal complies with the

building height control in NSLEP 2013 and the design of the studio addition with

raked roofs on the southern and western sides assists in minimising the extent of

overshadowing to the adjoining property at No.179 Ben Boyd Road.

A deferred commencement condition is recommended that design amendments be

made to the ground floor of the addition to minimise the extent of site coverage and

provide for additional soft landscaping and more useable private open space for the

residents. A further condition is recommended that the balcony to the studio be

deleted to minimise privacy impacts to the rear of the property at No.12 Yeo Street.

It is recommended that a deferred commencement approval be granted subject to

the amendments to the design of the ground floor to reduce the extent of site

coverage.




General Manager as the consent authority, grant deferred commencement consent

to Development Application No. 421/15 for alterations and additions to the existing

terrace including a new double garage with studio above on the Yeo Lane frontage of

the site on land at 181 Ben Boyd Road, Neutral Bay, subject to the following site

specific conditions and the attached standard conditions of consent:

Ground floor design amendments

AA1. The ground floor of the building must be amended as follows:

The deletion of the corridor linking the family room extension from the back of the

garage


The deletion of the laundry and WC from the back of the garage

These building elements must be replaced with soft landscaping including grasses,

shrubs and plants. No decking, paving or covered structures are to be provided in any

of these areas.

Amended architectural and landscape plans complying with this condition must be

submitted to Council for approval prior to the development consent becoming

operational.

(Reason: To reduce the extent of site coverage across the property and provide for

more useable private open space for the residents consistent with the objectives of the

NSDCP 2013)

Terms of Consent

A4. Approval is granted for the following works relating to 181 Ben Boys Road,

Neutral Bay, as shown on drawings numbered DA01 P1 – DA07 P1, dated 06.05.16,

drawn by Leffler Simes Architects, and received by Council on 10 May 2016:

(a) Extension of the existing family room at the rear of the ground floor.

(b) Relocation of the existing double garage towards the rear of the subject site.

(c) Construction of a loft/studio with en-suite above the garage.

(d) Construction of a staircase to provide access to the first floor

(e) Landscaping within the front setback and along the southern side of the dwelling,

and construction of a new central courtyard.

No approval is given or implied in this consent for any other works at the site.

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

Works wholly within property boundaries

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

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

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

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

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

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

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

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

requirements of this condition.

Note: If structural certification for the above cannot be obtained then a Section 96

application is required to be lodged with Council seeking consent to undertake works

to the party walls, and will require the owner’s consent of both neighbouring

properties.

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

Balcony to studio

C2. No approval is granted or implied for the eastern balcony off the loft/studio. The

proposed door opening to this balcony shall be replaced with a window that has a

minimum sill height of 900mm above finished floor level.

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

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

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

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


(Reason: To minimise privacy impacts for the property at No.12 Yeo Street)

Landscape Plan

C3. A landscape plan shall be prepared for approval by Council’s Landscape

Development Officer prior to the issue of any Construction Certificate. The

landscape plan shall indicate soft landscaping within the front setback, southern

setback, and courtyard including grasses, shrubs and plants. No decking or paving is

to be provided in any of these areas.

(Reason: To provide an acceptable level of soft landscaping across the site and to

ensure the proposal contributes to the garden setting of the site)


Garage door

C4. The garage door must be a panel lift door. No approval is given or implied for a

roller garage door. The colour of the garage door must be a neutral tone that is

compatible with the colour of the cladding of the building.

(Reason: To ensure compliance with the relevant laneway control provisions in

NSDCP 2013).

Fire rating of eastern en-suite window

C5. The eastern en-suite window must be appropriately fire rated in accordance with

the requirements of the Building Code of Australia.

Details of how the window will be fire rated must be submitted to the Certifying

Authority prior to the issue of any Construction Certificate

(Reason: To ensure compliance with the provisions of the Building Code of

Australia)

Works wholly within property boundaries

G1. Prior to the issue of any Occupation Certificate, a report prepared by a suitably

qualified surveyor must be submitted to the Certifying Authority demonstrating that

no works have been carried out on the adjacent property that required land owners

consent and that all proposed works are wholly contained within the subject site.

(Reason: To ensure the works have been undertaken wholly within the subject site)

Covenant for Restriction of Vehicle Access

G6. An Instrument pursuant to Section 88E of the Conveyancing Act 1919 and one

copy must be submitted to Council for registration, providing for:

a. a covenant and restriction as to user in favour of North Sydney Council burdening

181 Ben Boyd Road, Neutral Bay requiring maintenance of the vehicular crossing,

layback and garage/parking area determines that the right hand side parking spot

(northern parking space) cannot be used by vehicles other than small vehicles, due to

the design constraints of the internal garage

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

authorised to release, vary or modify the Instrument;

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 lodgment at the

Land & Property Information Office for registration

The Instrument creating the covenant under s88E 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 earlier. .

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.

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.

(Reason: To ensure owners, or intending owners of the subject property are aware of

the limitation of vehicles capable of using the crossing without damage)

7. IPP06: 26 Cremorne Road, Cremorne Point - DA 205/15

Applicant: James Quoyle

Report of George Youhanna, Executive Planner, 17/5/16

At the NSIPP meeting of 2nd

December 2015, the Panel resolved to provide the

applicant with a further opportunity to address specified issues relating to heritage

impact and car parking, in order to facilitate approval of the application. The

applicant has amended the proposal following the 2nd

December 2015 Panel

resolution and the matter is reported back to the Panel in accordance with the

resolution.


This development application now seeks approval for alterations and additions to an

existing residential flat building including upper level additions, stairwell and lift, and

in-ground car stacker for 9 vehicles (reduced from 13 spaces).

The amended plans required re-notification which attracted three (3) submissions

raising particular concerns about existing use rights, traffic impacts and safety, aural

and visual privacy, excavation and construction impacts, damage to adjoining

properties, bulk and scale, inappropriate development in low density zone, impact on

water table and other issues. The submissions are detailed in this report. The

previous notification attracted seven (7) submissions which raised similar issues to

those currently raised.

The application remains unsatisfactory in relation to the issues raised in the

assessment report dated 2/12/15 and further has not addressed all of the requirements

of the Panel, with no explanation offered by the applicant as to why this is the case.

However, draft conditions of consent have been prepared should the Panel consider

the application warrants approval.

8. IPP07: 15 B Shellcove Road, Kurraba Point - DA 29/16

Applicant: Paul Berkemeier Architect Pty Ltd

Report of Kerry Gordon – Consultant Town Planner, 17 May 2016

This development application seeks approval alterations to the existing dwelling, a

new carport/storeroom and landscaping.

Development Application No. 227/15 is reported to North Sydney Independent

Planning Panel for determination as a current North Sydney Councillor owns an

adjoining property to the subject site and has made a submission regarding the

application.

Notification of the proposal has attracted 2 submissions raising particular concerns

about the height of the carport, compliance with a covenant and construction impacts.

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

application against Council’s planning requirements.

The proposal will result in small impacts upon views from two adjoining properties

and from the footpath in Shellcove Road, however significant views will be retained

and it is considered that the design appropriately minimised view impacts. Whilst the

proposal breaches the unbuilt upon and landscaped area controls, it does so to a lesser

extent than the existing dwelling and as such is considered reasonable, being an

improvement over the existing situation. The proposed carport breaches the side

setback controls, but given it is replacing an existing structure which is built to the

boundary, the variation of the control is supported. The proposal will not result in any

unacceptable impacts upon the conservation area or the heritage items within the

vicinity of the site.

Following this assessment the development application is considered to be reasonable

in the circumstances and is recommended for consent subject to conditions.

(Note - This report has been entirely prepared by Kerry Gordon, Consultant Town

Planner, and other than being reviewed to ensure appropriate quality standards is

presented in unaltered form)




General Manager as the consent authority, grant consent to Development

Application No. 29/2016 for alterations to the existing dwelling, a new carport/

storeroom and landscaping at No. 15B Shellcove Road, Kurraba Point, subject to the

attached conditions:-


9. IPP08: 96 High Street, North Sydney (V) - DA 408/15

Applicant: Jeblon Pty Ltd

Report of Annelize Kaalsen of AK Planning, 12 May 2016

This development application seeks approval for the demolition of the existing

“duplex” and the construction of a new attached dual occupancy with basement

garage and associated landscaping.

The application is reported to the North Sydney Independent Planning Panel due to a

conflict of interest as the property is owned by a relative of a sitting Councillor and

because the non-compliance with the minimum site area for dual occupancies is

greater than 10% requiring determination by North Sydney Independent Planning

Panel as directed by the Department of Planning and Infrastructure.

The first round of notification of the proposal has attracted a single (1) submission.

Amended plans were lodged and after re-notification no submissions were received.

In summary the submission raised particular concerns about visual and acoustic

privacy; rear building setback; compliance with landscape area and potential view

loss. The assessment has considered these concerns as well as the performance of the


The application as originally submitted included substantial basement excavation, a

large roof garden at the rear and non-compliances with the minimum site area for dual

occupancies; building height; front, side and rear setbacks as well as landscaped area.

After a meeting with the applicant amended plans were lodged which in part

addressed the concerns raised including amending the roof design to comply with the

building height; setting the upper level in from the side boundaries complying with

the side setback provisions; reducing the size of the roof garden as well as allowing

for more impervious surfaces in order to comply with the landscaped area control.

However further amendments were deemed necessary to the front balconies, in order

to achieve a built form where the existing characteristic front setback will continue to

be read at the main building façade.

The Clause 4.6 submission to address the proposed non-compliance with the

minimum site area for a dual occupancy is considered to be well founded because the

degree of flexibility sought is consistent with the surrounding existing subdivision

pattern and it is considered that an appropriate outcome is achieved on the site despite

the non-compliance.

Council’s Landscape Development Officer supports the application. A condition of

consent is recommended which seeks to allow for additional planting to allow for

trailing plants above the proposed garage roof/ front setback.

Council’s Development Engineer has recommended appropriate conditions requiring

a geotechnical report; dilapidation report and stormwater management plans to ensure

the proposal will have no adverse impacts upon adjoining neighbours.

Following this assessment, and having regard to the provisions of Section 79C of the

Environmental Planning & Assessment Act 1979, the application is considered to be


conditions.




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

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

Clause 4.6 with regard to the variation to the development standard for minimum site

area for dual occupancies pursuant to Clause 6.6(1)(c) of NSLEP 2013, and grant

consent to Development Application No. 408/15 for the demolition of the existing

duplex and the construction of a new attached dual occupancy on land at No.96 High

Street, North Sydney, subject to the attached standard and the following site specific

conditions of consent:


Surrender Previous Development Consents (DA606/05 and DA305/07)

C1. Development consents DA606/05 dated 8 May 2006 and DA305/07 dated 19

November 2007 that relate to 96 High Street, North Sydney must be surrendered in

writing by the person entitled to act on this consent, in accordance with Section 80A

(1)(b) of the Environmental Planning and Assessment Act 1979 and the Regulations.

(Reason: To ensure clarity of development approval granted on the subject site)

Reduce Extent of Proposed Excavation

C2. The proposed excavation shown on the basement floor plan shall be reduced by

deleting the utility/storage area within the south-eastern corner (measuring 4.2m x

4.5m).

Amended plans demonstrating compliance with this condition must be provided to the

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

(Reason: To minimise the extent of the proposed excavation to comply with the

controls and objectives within North Sydney DCP 2013and North Sydney LEP 2013)

Amend Front Balconies

C3. The plans shall be amended to replace the proposed 600mm columns supporting

the terrace on Level 1 and the balconies on Levels 2 and 3 with columns/piers that

have a maximum radius or dimension of 300mm.

No approval is granted or implied for any blade or solid walls/screens above the metal

rail of the balustrade at either the side or front elevations of the balconies.

Amended plans demonstrating compliance with these requirements shall be submitted

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

Certificate.

(Reason: To ensure the retention of the visual coherence of the streetscape, and

ensure that the proposed balcony does not dominate the streetscape contrary to

Council’s setback controls by virtue of excessive bulk)

Additional Planting

C4. To soften the streetscape, perennial trailing plants similar or equal to

Trachelospermum jasminoides (Star Jasmine) or Convolvulus sabiatus (Blue Rock

Bindweed), planted at 1 metre intervals, must be installed and maintained within the

garden bed adjacent to the front boundary of the site.

Details of the additional plantings required by this condition must be provided to the


The Certifying Authority must ensure that the details submitted fully satisfy the


(Reason: To soften the streetscape)

Sandstone Block Retaining Wall

C5. The sandstone blocks in the existing front boundary retaining wall are to be

salvaged and reused for the new front boundary wall. Any new sandstone is to match

in colour, block size and texture.

(Reason: To retain the existing streetscape character)

10. IPP09: 42 Fitzroy Street, Kirribilli (V) - DA 246/13/3

Applicant: Mimi Hou-Wai Wong, C/- Tyrrells Architects

Report of Aloma Moriarty, Assessment Officer, 19 May 2016

This development application seeks approval to modify development consent

DA246/13 to include a new opening to the east facing blade wall of the level 1 terrace

to the master bedroom.

The application is reported to the North Sydney Independent Planning Panel due

to public interest and the request of Councillor Reymond.

Development application 246/13 for substantial alterations and additions to an

existing two storey terrace dwelling at 42 Fitzroy Street, Kirribilli was approved by

the NSIPP on 13 November 2013. A Section 96 (2) application to modify

Development Consent No. 246/13 with regard to internal reconfiguration of the


dwelling, expansion of garage and revised conservatory was approved under

delegated authority on 3 November 2014.

The subject Section 96(2) application seeks retrospective consent to modify

development approval D246/13 under the provisions of Section 96(2) to include an

additional opening to the east facing blade wall of the level 1 terrace accessed from

the master bedroom of the dwelling.

The documentation submitted with the application indicates that the subject opening

was constructed to maximise a harbour view of Careening Cove from the terrace of

the master bedroom located on Level 1, an opportunity that was not apparent at the

design stage but that was realised during the construction process.

Council’s notification of the proposal has attracted five (5) submissions raising

particular concerns about the unauthorised nature of the works, privacy, and Council’s

heritage controls. The assessment has considered these concerns as well as the

performance of the application against Council’s planning requirements.

The subject site is identified as a heritage item that is amongst a group of similar

heritage items in Fitzroy Street. However, the items are not located within a

conservation area. The application was referred to Council’s Conservation Planner

who raised no objection to the proposed development on heritage grounds.

Overall, the proposed modification has been found to not have any additional adverse

impacts on the amenity of the adjoining properties and on balance, is considered to be

reasonable and acceptable in this instance.




conditions.




General Manager as the consent authority, resolve to modify Development Consent

No. 246/13 under the provisions of Section 96(2) of the Environmental Planning and

Assessment Act only in so far as will provide for the following:

1. To delete condition A1 of the consent and insert in lieu thereof the following

condition:

Development in Accordance with Plans

A1. The development must be carried out in accordance with the following plans and

documentation listed below and endorsed with Council’s stamp, except where

amended by other conditions of this consent: Dwg No Issue Description Drawn by Dated Received

DA02 A1 Site/Roof Plan JCB Design

Partnership

18 June 2013 5 August 2013

DA04 A2 Proposed Floor Plans JCB Design

Partnership

17 July 2013 5 August 2013

DA05 A2 Existing & Proposed –

North and South

Elevations

JCB Design

Partnership

10 October 2013 11 October 2013

DA06 A Proposed Ease and

Elevations

JCB Design

Partnership

30 May 2013 5 August 2013

DA07 A Sections JCB Design

Partnership

30 May 2013 5 August 2013

Except where modified by the following plans, received by Council on 10 October

2014 to modify Development Consent No. 246/13 with regard to internal

reconfiguration of the dwelling, expansion of garage and revised conservatory, as

follows: Dwg No Issue Description Drawn by Dated Received

DA001 C Site Plan Tyrrells Architects 25 September

2014

10 October 2014

DA002 B Existing

Building/Demolition Plan

Tyrrells Architects 25 September

2014

10 October 2014


DA100B B Lower Ground Floor Plan Tyrrells Architects 25 September

2014

10 October 2014

DA101 D Upper Ground Floor Plan Tyrrells Architects 9 October 2014 10 October 2014

DA102 D Level 1 Floor Plan Tyrrells Architects 9 October 2014 10 October 2014

DA103 C Roof Plan Tyrrells Architects 25 September

2014

10 October 2014

DA200 C Northern and Southern

Elevations

Tyrrells Architects 25 September

2014

10 October 2014

DA201 C Western Elevation Tyrrells Architects 25 September

2014

10 October 2014

DA202 C Eastern Elevation Tyrrells Architects 25 September

2014

10 October 2014

DA203 C Section A Tyrrells Architects 25 September

2014

10 October 2014

DA204 C Section B Tyrrells Architects 25 September

2014

10 October 2014

DA205 C Section C & D Tyrrells Architects 25 September

2014

10 October 2014

Except where modified by the following plans, received by Council on 9 March 2016

to modify Development Consent No. 246/13 seeking consent to retain an opening to

the east facing blade wall of the level 1 terrace, as follows:

except where amended by the following conditions Dwg No Issue Description Drawn by Dated Received

DA102 E Level 1 Floor Plan Tyrrells Architects 2 March 2016 9 March 2016

DA202 D Eastern Elevation Tyrrells Architects 2 March 2016 9 March 2016

DA203 D Section A Tyrrells Architects 2 March 2016 9 March 2016

DA204 D Section B Tyrrells Architects 2 March 2016 9 March 2016

except where amended by the following conditions

11. IPP10: 48 Upper Pitt Street, Kirribilli (V) - DA 216/14/3

Applicant: Marston Architects

Report of Natalie Moore, Assessment Officer, 17 May 2016

This development application seeks approval to modify DA216/14 in respect of

further upgrades to the building façade to incorporate balconies (full width or Juliette)

to each unit over Levels 1 - 8, relocation of the pumproom and hydrant booster,

raising the parapet by 100mm and blocking the existing fire stair windows and

replacing them with vents. DA216/14 originally granted approval for alterations and

additions an existing eight storey apartment building including new cladding to the

façade, new windows, demolition of existing roof top chimneys, installation of roof

top air conditioning plants and fire safety upgrade works’ at 48 Upper Pitt Street,

Kirribilli. The proposed modification involves


to Councillor and public interest.

Notification of the development application has attracted four (4) submissions which

raise concern regarding the absence of individual owners consent for the proposed

balconies and the financial costs associated with the project, amenity impacts from the

proposed balconies including view loss and over shadowing, the impacts of the

proposed balconies on the overall appearance of the building and encroachment upon

existing car spaces, and the impacts of asbestos removal within the building. The

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


It is Council’s view that adequate owners consent has been provided. The proposed

modification, namely the proposed balconies which incorporate Alucobond cladding

(to match the material approved as part of the original application) and glazed


balustrades, have been designed to complement the previously approved façade

upgrade and adjoining developments which are contemporary in nature. Whilst the

balconies will result in the loss of views to the Opera House and water from the

south-western corner of the living/dining areas of some units within the building, this

view loss is considered to be reasonable when assessed against the Tenacity Test.

Similarly, given the orientation of the building to the south overshadowing impacts

from the balconies is not considered to be material. Appropriate conditions of

consent were recommended in the original development application is manage the

removal and disposal of asbestos.




conditions.

Recommending:

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND



General Manager as the consent authority, modify Development Consent No. 216/14

dated 10 September 2014 in respect of a proposal for alterations and additions to an

existing eight storey apartment building including new cladding to the façade, new

windows, demolition of existing roof top chimneys, installation of roof top air

conditioning plants and fire safety upgrade works on land described at 48 Upper Pitt

Street, Kirribilli, under the provisions of Section 96(2) of the Environmental Planning

and Assessment Act only insofar as will provide for the following:

1. To modify Condition A1 to read as follows:

Development in Accordance with Plans/documentation

A1.The development application must be carried out in accordance with plans

identified in Condition A1 of the consent and endorsed with Council’s approval

stamp, except as modified by the modifications shown in colour on: Plan No. Issue Title Drawn by Received

S.96.01A A Site Plan Marston Architects 18.09.15

S96.02A A Ground Floor Plan Marston Architects 18.09.15

S.96.03A A Typical Level Plan Marston Architects 18.09.15

S96.04A A Elevation – North, Section Marston Architects 18.09.15

S96.05A A Elevation - East Marston Architects 18.09.15

S96.06A A Elevation - South Marston Architects 18.09.15

S96.07A A Elevation - West Marston Architects 18.09.15

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

accordance with the determination of Council, Public Information) 2. To amend Condition C12 to read as follows:

BASIX Certificate

C18. Under clause 97A(3) of the Environmental Planning & Assessment Regulation

2000, it is a condition of this development consent that all the commitments listed in

the following BASIX Certificates are fulfilled. Unit/Lot No. BASIX Certificate No.

48 A191494_02

49 A192317_02

50 A192395_02

51 A192363_02

52 A192403_02

53 A192384_02

54 A192356_02

55 A192391_02

56 A192364_02

57 A192404_02

58 A192372_02

59 A192385_02

60 A192357_02

61 A192396_02

62 A192365_02

63 A192406_02

64 A192373_02

65 A192386_02

66 A192358_02


67 A192397_02

68 A192366_02

69 A192407_02

70 A192374_02

71 A192387_02

72 A192359_02

73 A192398_02

74 A192367_02

75 A192408_02

76 A192375_02

77 A192388_02

78 A192360_02

79 A192399_02

80 A192368_02

81 A192409_02

82 A192376_02

83 A192389_02

84 A192361_02

85 A192400_02

86 A192369_02

87 A192410_02

88 A192377_02

89 A192390_02

90 A192362_02

91 A192402_02

92 A192370_02

93 A192411_02

94 A192382_02

Plans and specifications complying with this condition must be submitted to the



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)

3. The insert Condition C13 to read as follows:

Glazed Balustrading

C13. The glazed balustrading on all balconies shall be clear glazed and not coloured,

frosted or opaque.

Plans and specifications complying with this condition must be submitted to the



submitted, referenced on and accompanying the issued Construction Certificate fully

satisfy the requirements of this condition.

(Reason: To ensure that clear glazing is installed on the proposed balcony

balustrades)

4. To insert Condition I3 to read as follows:

Balconies to be Common Property

I3. All balconies approved as part of this application shall remain common property

within the strata plan.

(Reason: To clarify balcony ownership)

12. IPP11: 23-25 Broughton Street, Kirribilli (V) - DA 439/15

Applicant: Caldis Cook Group Pty Ltd

Report of Luke Donovan, Senior Assessment Officer, 18 May 2016

The applicant seeks NSIPP approval for alterations and additions to the existing

building to provide shop top housing on land at No. 23-25 Broughton Street,

Kirribilli.


to the extent of variation to the floor space ratio control in Clause 4.4 (2) in

NSLEP 2013.

Council’s notification of the original proposal attracted two (2) submissions against

the application. Council’s notification of the amended proposal attracted one (1)


submission against the application. The submissions raised particular concerns about

the loss of natural light, structural adequacy of the building and the non compliance

with the building height limit and floor space ratio controls in NSLEP 2013.

The variation to the floor space ratio control is considered to achieve the objectives of

the control and strict compliance is considered to be unreasonable and unnecessary in

the site circumstances because the density of the development is characteristic of

surrounding developments in the Kirribilli Village Centre and there will be no

unreasonable amenity impacts on adjoining developments.

The development proposes a two storey built form to Broughton and Burton Streets

and is compliant with the building height control. The materials, form and scale of the

development are considered to be generally characteristic of adjoining developments

along Broughton and Burton Streets. The proposed apartments will receive good

levels of amenity in terms of natural light and ventilation.

The proposed upgrade works to the existing ground floor business premises will

ensure compliance with the relevant access and mobility requirements in the Building

Code of Australia.

The reconfiguration of the lower ground floor allows for the provision of four stacked

parking spaces and garbage and residential storage to ensure compliance with the

relevant provisions of the NSDCP 2013.

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.




A/General Manager as the consent authority, assume the concurrence of the 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 floor space

ratio, and grant consent to Development Application No. 439/15 for alterations and

additions to the existing building to provide for shop top housing on land at No 23-25

Broughton Street, Kirribilli subject to the attached standard conditions of consent and

the following site specific conditions of consent:-

Terms of the consent

A4. No approval is granted or implied for the following:

a) Any changes to the signage across the approved building.

b) Any additional fit-out works

c) Any change in the use of the ground floor tenancy.

(a) (b) and (c) excludes changes to signage, additional fit-out works or changes of use

which can be approved under SEPP (Exempt and Complying Development Codes-

2008)).

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

Australian Standard

F2. The ground floor portion of the building must comply with AS1428.1-2001

"Design for Access and Mobility".

(Reason:Prescribed - Statutory)

Temporary bin storage area

I1. The temporary bin storage area must be located between the Humphrey Place

boundary and the roller shutter door at the rear of the site. No bins may be stored on

Humphrey Place at any time.

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

New building works


I2. A separate development application for any new signage, fit-out works or change

of use that is not exempt or complying development under SEPP (Exempt and

Complying Development Codes- 2008 must be submitted to and approved by Council.

(Reason:To ensure development consent is obtained prior to any new signage, change

of use or fit-out works commencing)

13. IPP12: 61 Lavender Street, Milsons Point (V) - DA112/01/9

Applicant: Nornick Pty Ltd

Report of George Youhanna, Executive Planner, 20 May 2016

A development application (DA 112/01) for conversion of the existing 19 storey

Samsung Building to a mixed residential/commercial/retail building was approved by

Council on 19 March 2001. The original consent has previously been modified

pursuant to Section 96 of the EP&A Act on seven (7) previous occasions. The

development was physically commenced in approximately March 2005 involving

works to the basement car parking levels.

The current proposal seeks to modify the consent pursuant to section 96(2) of the

EP&A Act. The proposal includes substantial reconfiguration of the floor plans on all

levels, resulting in an increase in units from 95 to 137 with associated external

modifications and a reduction in the non-residential FSR from 0.75:1 to 0.5:1. There

is no change to the currently approved provision of 106 car parking spaces.

Council’s Design Excellence Panel has considered the design of the modifications and

the Panel subject to a number of design refinements, supports the proposal.

Council’s notification of the proposal has attracted nine (9) submissions raising

particular concerns about privacy, traffic, parking, noise, bulk and scale, unit mix and

unit size, and other issues. The assessment has considered these concerns as well as

the performance of the application against Council’s planning requirements.

Following this assessment the modification application is considered to be reasonable

in the circumstances with regard to all relevant considerations, and is recommended

for approval subject to conditions.

Recommending: PURSUANT TO SECTION 96 OF THE ENVIRONMENTAL PLANNING AND



General Manager as the consent authority, grant development consent to the

modification of Development Consent No. 112/01, dated 5 March 2001, for

modification of DA 112/01, on land described as 61 Lavender Street, Milsons Point

under the provisions of Section 96 of the Environmental Planning and Assessment

Act, 1979, only in so far as will provide for the following.

That Condition A1 be amended to read as follows:

Development in Accordance with Plans

A1. The development being carried out in accordance with the following drawings: Plan No. Issue Title Drawn by Dated Received

A050 I Basement B3 PTW 13/4/16 18/4/16

A051 I Basement B2 PTW 13/4/16 18/4/16

A052 I Basement B1 PTW 13/4/16 18/4/16

A053 K Ground Floor PTW 19/5/16 19/5/16

A054 J First Floor PTW 19/5/16 19/5/16 A055 H Level 2-3 typical PTW 13/4/16 18/4/16

A056 H Level 4 PTW 13/4/16 18/4/16

A057 H Level 5-7 typical PTW 13/4/16 18/4/16

A057A H Level 8-16 typical PTW 13/4/16 18/4/16

A058 H Level 17 PTW 13/4/16 18/4/16

A071 H Level 18 PTW 13/4/16 18/4/16

A072 H Level 19 PTW 13/4/16 18/4/16

A073 H Level 20 PTW 13/4/16 18/4/16

A074 H Upper roof plant PTW 13/4/16 18/4/16

A100 H North Elevation PTW 13/4/16 18/4/16

A102 H South Elevation PTW 13/4/16 18/4/16


A104 H East Elevation PTW 13/4/16 18/4/16

A106 H West Elevation PTW 13/4/16 18/4/16

A110 H Section AA PTW 13/4/16 18/4/16

A111 H Section BB PTW 13/4/16 18/4/16

A130 H Sample Board PTW 13/4/16 18/4/16

A110 H Section AA PTW 13/4/16 18/4/16

except where amended by the following conditions.

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

the determination of Council)

That Condition C31 be amended to read as follows:

Section 94 Contributions

C1. 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, less any

amount already paid, must be paid to Council.

A B ($)

Administration 0

Child Care Facilities 0

Community Centres $15,325.37

Library Acquisition $1,849.76

Library Premises &

Equipment

$6,356.11

Multi Purpose Indoor

Sports Facility

0

Open Space Acquisition $417,606.45

Open Space Increased

Capacity

$827,770.70

Olympic Pool 0

Public Domain

Improvements

0

Traffic Improvements $44,336.13

The total contribution is $

1,313,244.52

The contribution MUST BE paid prior to 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)

That Condition C35 be deleted.

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 Wednesday 4 May 2016.

NORTH SYDNEY INDEPENDENT PLANNING PANEL

DETERMINATIONS OF THE NORTH SYDNEY INDEPENDENT PLANNING PANEL

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

4 MAY 2016, AT 2.00PM.

PRESENT

Chair:

Jan Murrell in the Chair.

Panel Members:

Francesca O’Brien, Panel Member

Ian Pickles, Panel Member

Peter Brennan, Panel Member

Staff:

Lara Huckstepp - Acting Manager Development Services

Geoff Mossemenear - Executive Assessment Planner

David Hoy - Team Leader Assessments

Robyn Pearson - Team Leader Assessments

Peita Rose - Corporate Administration Support Officer (Minutes)

Apologies: Nil.

1. Minutes of Previous Meeting

The Minutes of the NSIPP Meeting of Wednesday 6 April 2016 were confirmed following that

meeting.

2. Declarations of Interest: Nil

NORTH SYDNEY INDEPENDENT PLANNING PANEL - 04/05/2016 Page No 2



3. Business Items

The North Sydney Independent Planning Panel under the Delegated Authority granted by North

Sydney Council and s.377 of the Local Government Act 1993 has considered the following Business

Items and resolves to determine each matter as described within these minutes.

ITEM 1

DA No:

3/16

ADDRESS:

2601/30 Glen Street, Milsons Point

PROPOSAL:

Alterations and additions to apartment 2601, including enclosure of

balcony and part of roof terrace

REPORT BY NAME:

Susanna Cheng, Senior Assessment Officer

APPLICANT: Stephen Garner

c/- Popov Bass Architects

Public submissions

Peter Maxwell - Architect

Business Item Recommendations

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

The Panel considers the application, as amended by conditions would ensure the architectural

integrity of the building is maintained.

Voting was as follows: Unanimous

Panel Member Yes No Panel Member Yes No

Jan Murrell X Ian Pickles X

Francesca O’Brien X Peter Brennan X

ITEM 2

DA No:

255/15

ADDRESS:

21 Shirley Road, Wollstonecraft

PROPOSAL:

Attached dwellings development

REPORT BY NAME:

Lara Huckstepp, Executive Planner

REASON FOR NSIPP

REFERRAL:

Public Interest

APPLICANT: Michael and Mary-Anne Bourke




Public submissions

Gordon Mills - Submitter

Peter Butt - Submitter

Robert Harding - Submitter

Andrew Tripet - Architect

Mary-Anne Bourke - Applicant


The Panel notes the addendum to the assessment report.

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

contained within the addendum and changes to the conditions as follows:

Copies of the Geotechnical, Structural Engineer’s and Dilapidation reports are to be made

available to adjoining property owners. The applicant is to forward a copy of the relevant

reports to the Owner’s Corporations of 19 and 23 Shirley Road and 22 and 24 Tryon Avenue

for information.

(Panel Reason: To make available relevant documentation to adjoining properties)

The Panel considers that the recommended conditions of consent adequately address the issues raised

by the submitters concerning protection of adjoining properties and the safety and health of adjoining

residents during construction and post development, and is consistent with the regime of New South

Wales Legislation.





ITEM 3

DA No:

13/15/3

ADDRESS:

22-28 Albany Street, St Leonards

PROPOSAL:

Section 96 Modification to a mixed use building

REPORT BY NAME:


REASON FOR NSIPP

REFERRAL:

Breach of Building Height Control

APPLICANT: Peter Mayoh

Public submissions

Peter Mayoh - Applicant






The Panel notes the numbering of the conditions is to be revised.





ITEM 4

DA No:

DA44/16

ADDRESS:

2/6 Rowlison Parade, Cammeray

PROPOSAL:

Alterations and additions to an existing duplex

REPORT BY NAME:

Luke Donovan & Judith Elijah

REASON FOR NSIPP

REFERRAL:

Variation to building height control

APPLICANT: Samuel Pinczewski

Public submissions

Glenn Murcutt - Architect







ITEM 5

DA No:

403/15

ADDRESS:

13-15 Gerard Street, Cremorne

PROPOSAL:

Consolidation of the sites and the construction of a four storey

residential flat building comprising 15 apartments with basement

car parking for 18 vehicles




REPORT BY NAME:

Luke Donovan

REASON FOR NSIPP

REFERRAL:

Variation to building height control

APPLICANT: Masq Architecture

Public submissions

Brett Brown - Town Planner for applicant







ITEM 6

DA No:

463/15

ADDRESS:

219 Military Road, Neutral Bay

PROPOSAL:

Telecommunications facility

REPORT BY NAME:


REASON FOR NSIPP

REFERRAL:

Breach of Building Height Control

APPLICANT: Telstra Pty Ltd

C/o Aurecon Australasia Pty Ltd

Public submissions

Stuart Melville - Applicant representative from Aurecon


The Council Officer’s Recommendation is endorsed by the Panel subject to an additional condition as

follows:

Compliance with Relevant Australian Standards for emissions

I4. The telecommunications infrastructure must at all times operate in accordance with the

requirements of Australian Standard RPS 3 developed by ARPANSA (Australian Radiation

Protection and Nuclear Safety Agency), called Radiocommunications (Electromagnetic

Radiation - Human Exposure) Standard 2003 as amended from time to time.




(Panel Reason: To ensure the safe ongoing operation of telecommunications infrastructure in

accordance with up to date standards that may be varied from time to time and for public

safety)





ITEM 7

DA No:

404/15

ADDRESS:

14 The Avenue, North Sydney

PROPOSAL:

Alterations and additions to an existing heritage listed single

dwelling including extensive internal alterations and the

construction of a new front addition

REPORT BY NAME:

Annelize Kaalsen, Consultant Planner

REASON FOR NSIPP

REFERRAL:

The application is reported to North Sydney Independent Planning

Panel due to the circumstances of the subject application and public

interest.

APPLICANT: Sunita and Satya Yadav

Public submissions

Jessica Yang - Submitter

Satya Yadav - Applicant

Nigel White - Planner


The Consultant Planner’s Recommendation is endorsed by the Panel subject to the following

amendments:

Design Modifications to the Eastern Addition

AA1. The design of the proposed eastern addition shall be modified as follows:

(A) Lowering the Eastern Addition

The proposed eastern addition shall be lowered as follows:

a) The floor level of the lower ground floor be amended to RL23.07 (maximum);

b) The floor level of the roof terrace be amended to RL26.07 (maximum);

c) The under croft area must not used as habitable area.




(B) External Treatments for the Undercroft Area

a) The amended undercroft area, as required by condition AA1(A)(c) shall be supported

by a sandstone clad wall in ashlar pattern to resemble the existing sandstone sub base

of the existing dwelling;

b) The required sandstone wall in ashlar pattern is to be setback to follow the alignment

of the eastern wall of the lower ground floor level.

(Reason: To minimise the bulk and scale of the eastern addition and to maintain the heritage

significance of the main dwelling)

Additional Heritage documentation

AA2. The following additional heritage documentation must be submitted:-

a) The submitted Schedule of Conservation Works prepared by Robert Moore is to be

amended to include heritage specifications for carrying out works in accordance with

traditional methods and for each trade such as stone mason, demolisher, bricklayer,

plasterer etc.

b) Details of the proposed external paint scheme are to be submitted to Council for the

written approval of Council’s Team Leader Assessment in consultation with the

Consultant Heritage Planner, in accordance with Section 80A (2) of the Environmental

Planning and Assessment Act 1979. Unpainted surfaces, eg- brickwork/stonework are to

remain unpainted, and no applied finishes are to be used. This should include an updated

material sample board.

c) Details of the reconstruction of the eastern verandah should be provided indicating all

required works and large scale details where appropriate.

(Reason: To ensure the final design of the proposed development compliments the

characteristics of the heritage item and the conservation area)

New Landscape Plan

C1. A new Landscape Plan is to be provided by a suitably qualified and experienced Landscape

Architect and must include the following :-

a) The roof terrace shall be in the location and size as shown in the Drawing No DA05A

received by Council on 4 May 2016.

b) 2 x replenishment trees at 45 L pot size (minimum) must be provided on site with at

least one in the garden to the west of the dwelling with a mature height greater than 5

m.

c) Paved areas are to be reduced to minimum requirements for parking for two vehicles as

the driveway is unnecessarily long. Detail of paver design for the driveway and

dimensions of paved areas to be provided.

d) Screening hedge plants must be provided along the boundary of 42-48 Whaling Rd.

Nominated screen plant specimens must be 15L pot size (minimum).

e) Show the detail design of the garden to the east of the eastern pavilion indicating shrub

species at 15 L pot size that grow to 3 m height (minimum) to screen the open voids,

climbing plants at 15L pot size to screen to soften the presentation of the eastern

elevation.

f) Detail of the vehicular gate to be provided to property boundary to The Avenue. It is to

have a maximum height of 1m and have either a timber picket or steel palisade

construction.




g) Detail of balustrade to the roof terrace balustrade is to be provided. It is to be steel

palisade and not glazed.

A new landscape plan complying with this condition must be submitted to the satisfaction of

Council’s Landscape Development Officer for the written approval prior to the issue of any

Construction Certificate. The Certifying Authority must ensure that the amended landscape

plan and other plans and specifications submitted fully satisfy the requirements of this

condition.

(Reason: To ensure a desirable landscaping outcome and to protect residential amenity)

Heritage Architect to be commissioned

C9. An appropriately qualified and experienced heritage architect must be commissioned to assist

the design development, contract documentation and overseeing of construction works on the

site for their duration by undertaking regular inspections of the works in progress and

providing advice in relation to heritage matters.

Heritage architect to provide a written statement to the Council following completion of the

approved conservation works, to ensure that all works are carried out in accordance with the

approved drawings and associated documentation.

Written details of the engagement of the experienced heritage architect must be submitted to

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

Note: if advice provided by the heritage architect is to the effect that works requiring

development consent be carried out, such works would require an application under s96 of the

Environmental Planning and Assessment Act 1979 or further development application. This

condition, and any advice given by the heritage architect, should not be construed as

authorising the carrying of development with/ otherwise than in accordance with the

development consent.

(Reason: To ensure that all matters relating to significant fabric and spaces are resolved and

recorded using best practice for heritage conservation)

(Panel Reason: The Panel considers that the roof terrace should be lowered to provide a

better relationship with the heritage item and adjoining ground levels to reduce the visual

impact on the surrounding area. The ashlar undercroft wall will compliment the heritage

significance of the item and its setting)

Undercroft Area

I3. The undercroft area of the eastern addition must not be used as habitable rooms.

(Reason: To ensure no habitable uses of the undercroft area)








ITEM 8

DA No:

484/15

ADDRESS:

225 Miller Street & 111 Pacific Highway, North Sydney

PROPOSAL:

Replacement of three (3) double sided advertising panels at bus

shelters within the public domain adjacent to 225 Miller Street and

111 Pacific Highway; relocation and replacement of two (2) bus

shelters and associated double sized advertising panels outside 105

Miller Street.

REPORT BY NAME:

John McFadden

State Planning Services

REASON FOR NSIPP

REFERRAL:

North Sydney Council is the owner of the land and the value of works

exceeds $250,000.

APPLICANT: JCDecaux Australia Pty Limited

Public submissions







The public meeting concluded at 3.20pm.

The Panel Determination session commenced at 3.30pm.

The Panel Determination session concluded at 5.00pm.

Endorsed by Jan Murrell

North Sydney Independent Planning Panel

5 May 2016

Documents

NORTH SYDNEY COUNCIL · THAT the North Sydney Independent Planning Panel, under the provisions of Section 96(2) of the Environmental Planning and Assessment Act, and resolve to grant