item - reports - north sydney council...the development will result in a loss of affordable housing...

Item IPP____IPP06_______ - REPORTS -______03/12/2014_________

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

NSIPP MEETING HELD ON 03/12/2014

Attachments:

1. Site Plan

2. Drawings

3. Clause 4.6 variation (height)

4. Shadow diagrams

ADDRESS/WARD: 48-50 Bay Road, Waverton (W)

APPLICATION No: DA 168/14

PROPOSAL: Change of use from a boarding house to two semi-detached

dwellings involving alterations and additions, additional parking,

and subdivision into two lots

PLANS REF: Drawings numbered DA.03(B), DA.05(D), DA.06(D), DA.07(D),

DA.08(C), DA.09(C), DA.10(C), DA.11(C), DA.12(C),

DA.16(D), DA.17(C), DA.18(C) & DA.19(C) drawn by Graham

Reynolds and Draft Plan of Subdivision of Lot 1 Section 3 in DP

7544 dated 18/2/11 prepared by Stewart Dixon & Assoc. and

received by Council on 5/9/14, and drawings numbered

DA.13(D), DA.14(D) & DA.15(D) drawn by Graham Reynolds

and received by Council on 7/11/14

OWNER: Kathryn McLean

APPLICANT: Kathryn McLean

AUTHOR: Susanna Cheng, Senior Assessment Officer

DATE OF REPORT: 14 November 2014

DATE LODGED: 29 May 2014

AMENDED: 7 July, 9 & 25 September, and 7 November 2014

SUBMISSIONS: Nil

RECOMMENDATION: Approval

Report of Susanna Cheng, Senior Assessment Officer

Re: 48-50 Bay Road, Waverton

EXECUTIVE SUMMARY

This development application seeks approval for change of use from a boarding house to two

semi-detached dwellings involving alterations and additions, additional parking, and subdivision

into two lots.

The application is reported to NSIPP for determination as the extent of variation to the

NSLEP 2013 Building Height control exceeds 10%.

The proposed building height of 11.3m exceeds the maximum height control of 8.5m by 2.8m

(33%). The variation is supported in this case as it is associated with a roof addition that will

replace an existing uncharacteristic roof structure. The new addition will maintain the existing

ridge height and be set back from the front building line so as to allow for improved expression

of the original roof parapet and a more sympathetic streetscape presentation. The proposed roof

addition will be set back behind the existing parapet in its entirety and will not give rise to any

material privacy or shadow impacts on adjoining properties.

The development will result in a loss of affordable housing in North Sydney. The application has

been assessed as against the criteria prescribed in the State Environmental Planning Policy

(Affordable Rental Housing) 2009. A balanced consideration has been adopted in accordance

with the Department of Planning’s Guidelines, and it is considered that the application can be

supported in the circumstances of the case. In particular, the continued operation of the site as a

boarding house would not be financially viable, and it would be prohibitively expensive to

undertake structural remediation works to bring the building to an acceptable standard of

accommodation for use as low rental housing. The boarding house has ceased operations and no

existing tenants will be displaced as result of the development.

The development has been assessed as acceptable on heritage grounds. The reversion of the

property to semi-detached residences is consistent with the historic subdivision and use of the

site, and the alterations and additions are generally in keeping with the conservation area.

The application is recommended for approval as it has been assessed under the provisions of the

Environmental Planning and Assessment Act 1979 as satisfactory, subject to the imposition of

standard and site-specific conditions of consent.

Council’s notification of the proposal attracted no submissions.

Following this assessment the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.



LOCATION MAP

Property/Applicant Submitters - Properties Notified



DESCRIPTION OF PROPOSAL

The application seeks approval to convert a boarding house into two (2) semi-detached

dwellings, Torrens Title subdivision into 2 lots, and associated alterations and additions

including the following:

Remedial and restoration works on part of the western wall involving partial

demolition and reconstruction on new foundations;

Demolition of rear bathrooms and infill of central breezeway to create living rooms at

ground level and bedrooms on the first floor;

Internal reconfiguration involving demolition of existing and erection of new walls;

Demolition of the existing roof addition and construction of a new roof addition;

Rear decks at ground floor level; and

Formation of hardstand to existing double car space at Bay Road, with associated

fencing and a new single car space at Priory Road and associated fencing.

Perspective drawings of the existing building and proposed development are shown in Figure 1.

Figure 1 – Perspective drawings of existing and proposed building

STATUTORY CONTROLS

NSLEP 2013

Zoning – R3 Medium Density Residential

Subdivision lot size – 230m2

Height of building – 8.5m

FSR – None specified



Item of Heritage – No

In Vicinity of Item of Heritage – Yes (No.26 Toongarah Road)

Conservation Area – Yes (Priory Road Conservation Area CA24)

FSBL – No

Environmental Planning & Assessment Act 1979

SEPP (Affordable Rental Housing) 2009

SEPP (BASIX) 2004

SEPP No. 55 – Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The site is located on the southern side of Bay Road, on the corner of Priory Road. It is

irregular in shape with frontages of 29.3m and 29.1m to Bay Road and Priory Road,

respectively, rear boundary measuring 11.3m, and site area of 666.1m2. The site falls some

1.5m from Bay Road to the rear boundary.

The site is occupied by a 2- & 3-storey brick building (c.1915) with rooftop terrace and double

car space at the Bay Road frontage (Figures 2 to 5). The eastern side of the building (No.48) is

currently occupied as a single dwelling with a flatette at the rear. The western side (No.50) is

divided into a number of boarding rooms and is currently in a dilapidated, unsafe and

uninhabitable condition, and not accessible by order of Council due to structural instability.

Figure 2 – Site Figure 3 – Rear of site



Figure 4 – Roof addition and terrace Figure 5 – Parking at No.50

Surrounding development is predominantly residential, including 2-storey dwellings and flat

buildings (Figures 6 & 7).

Figure 6 – Streetscape to the east Figure 7 – Streetscape to the west

RELEVANT HISTORY

Alterations and additions

An application for a garage at the Bay Road frontage was refused by Council under delegated

authority on 8/11/94 due to insufficient details (BA94/268).

No documentary evidence has been found for any approval for the additions on the rooftop,

which appear to have been built in the late 1930s.

Boarding house

Council records (c.1974) indicate that the site has been used for the purpose of a boarding house

under licence issued by Council pursuant to Ordinance No.42 of the Local Government Act

1919. The accommodations are variously described in the records as containing 5, 7 and up to

13 “rooms”, “bedrooms” or “flatettes”. Fire safety and health inspections in relation to the

operation of the boarding house have been conducted by Council over time.



Unauthorised use as dwelling

It is understood the eastern side of the building (No.48) ceased being used as a boarding house

in July 2011 when the current owners took up residence and retained a flatette at the rear for

lease at market rental rates. Historical records are inconclusive as to the number of boarding

rooms contained in this part of the building. Nevertheless, on the available evidence, it can be

reasonably concluded that at least 2 bedrooms may have been displaced as a result of the

conversion of this part of the building to a residence with rear rental unit. Such a conversion,

without development consent constitutes unauthorised use.

Use of the western side of the building (No.50) as a boarding house ceased in July 2013 due to

dilapidation and structural issues with the building. There is no issue of unauthorised use in

relation to this part of the building.

“Maintenance works”

In 2011 the owners made a request to Council to carry out “maintenance works” on the building.

On 24/3/11 Council advised that, pursuant to the Affordable Rental Housing SEPP 2009, no

refurbishment works are permitted without written permission from Council. Council further

advised on 30/3/11 that the building is a contributory item within a conservation area and prior

to the carrying out of any maintenance work, a detailed works schedule, photographic record

and floor plans would need to be submitted to Council for consideration. Council granted

consent to certain repair works to the property on 12/5/11.

In correspondence to Council on 27/9/11 the owner proposed further and additional

“maintenance works” on the property and was advised by Council on 29/9/11 that a DA would

be required to be lodged, and is to include consideration of the heritage conservation provisions

in the LEP and the Affordable Rental Housing SEPP.

On 13/10/11 Council advised that certain works, comprising renovation of an upstairs bathroom

and replacement of its connection to the inground sewer line, and paint and carpet to bedrooms

(listed as 1, 2 & 3), could be carried out as maintenance works without development consent.

However, the carrying out of the full range of maintenance works, such as replacement of

services, replacement of roof, and BCA upgrades, would amount to substantial repairs and

renewal, and as such, would require lodgement of a DA.

On 21/3/13 Council received a request to carry out further maintenance and renovation works at

the property. In letter dated 3/4/13 Council advised that the works described as replacement of

the flush mechanism on the toilet cistern, the coupling between the toilet and the sewer, and the

toilet pan and cistern (as necessary), may be carried out without development consent. Council

reiterated and confirmed its previous and consistent advice that any further repairs and

renovations would require development consent.



Temporary propping of western wall (No.48)

On 14/4/14 and 3/6/14 Council issued Orders under section 121B of the EP&A Act 1979

requiring that the western wall be made inaccessible immediately. The Orders were based on a

structural engineer’s report indicating that the western elevation is structurally unstable and in

need of demolition and reconstruction. The Orders were limited to temporary propping and

make-safe works only, and any other works to be the subject of development approval.

Remedial works to the western wall are included as part of the subject DA.

Subject DA

The subject DA was lodged on 29/5/14. The application proposes change of use of the building

to two semi-detached dwellings and associated alterations and additions.

On 3/6/14 Council requested a statement under clause 4.6 of the LEP in relation to the proposed

breach of the building height control, and a site coverage and landscape area compliance

diagram. The information was received on 16/6/14.

On 16/6/14 Council requested full and detailed documentation to enable assessment of the

application under the Affordable Housing SEPP. The information was received on 7/7/14.

In correspondence dated 16/6/14 and 18/7/14, Council raised a number of issues relating in

particular to the design and accurate representation of the proposed extension of the rooftop

additions, and the design of the hoods on the Bay Road elevation. A meeting was held with the

applicant on 24/7/14 to discuss the matters and an amended DA was submitted on 5/9/14,

generally to rectify identified inaccuracies and incorporating design changes, including

provision of a 2.24m front setback for the roof addition. A revised materials and finishes

schedule was also received on 25/9/14. Amended drawings were received on 7/11/14 for minor

modifications in relation to the BCA.

REFERRALS

Ausgrid

The application was referred to Ausgrid as the proposed vehicular access would require

relocation of a power pole. Ausgrid has raised no objection in principle to the proposed pole

relocation at this stage. However, it is advised that the pole relocation is “contestable” work for

which the developer will be required to fund all associated electricity design and construction

works, and which are to be conducted in consultation with Ausgrid. A condition to this effect

is recommended.

Community

The application was referred to Council’s Community Development Manager who provided the

following comment:



This applicant came to the attention of Council`s Age and Disability Officer on a

number of occasions due to efforts she made to evict a couple of vulnerable tenants

from the property. We were involved in supporting advocates for the clients and

appeals to halt evictions were upheld by the Department of Fair Trade who deemed

the action unfair. Subsequently due to the lack of certainty around accommodation

in the building and ongoing pressure from the applicant to move the tenants out, the

tenants relocated out of area. There was no affordable comparable accommodation

available in North Sydney LGA.

Planner’s Comment: A detailed analysis has been carried out under the provisions of SEPP

(Affordable Rental Housing) 2009 which provides for the consideration of loss of low cost

accommodation. Clause 50(2) of the SEPP provides the circumstances under which Council

must consider such proposals. In its current condition, the existing building and required

remedial works have been costed, and retention and repair of the building for low cost housing

purposes is deemed not to be financially viable. On these grounds, Council must accept the

application. Detailed discussion is provided in the SEPP (Affordable Rental Housing) section

in this report.

Heritage

The application was referred to Council’s Conservation Planner who identified that the building

was originally built in 1915 as a pair of attached dwellings and later converted into a boarding

house, with a lightweight roof addition added later.

The property is identified as a contributory item within the Priory Road Conservation Area. It is

located within a row of contributory items at No’s.38 to 58 Bay Road, and in the vicinity of

contributory items at No’s.1 to 15 Priory Road and No’s.11-17 Bay Road (across the road). The

property is also located within the vicinity of heritage items, being No.26 Toongarah Road and

No.5 Priory Road.

The Conservation Planner has conducted an assessment of the proposed works in terms of Part

5 clause 5.10 (Heritage Conservation) of the North Sydney LEP 2013 and section 13 (Heritage

and Conservation) of the North Sydney DCP 2013, and provided the following advice:

Preliminary Heritage Assessment

A preliminary assessment of the proposal, as originally submitted, was undertaken.

Further historic information was requested to support that the building was

originally built as two dwellings, in order to justify the subdivision of the property.

In addition, it was recommended that the proposed roof addition be set back from

the Bay Road facade and redesigned to reduce its heritage impact, and some other

minor changes be made. In response to these and other planning comments,

additional information was submitted, and amended plans submitted on 28 August

2014.



Heritage Impact Assessment and Recommendations

Historic information provided with the application indicates that the building on the

site was built in 1915 as two dwelling houses. Although on one allotment, the houses

were originally separately rated and fenced, with separate sewer connections. The

building was later converted into a series of small boarding house rooms. The

eastern half was more recently converted into a single dwelling with one separate

apartment, and the western half is currently uninhabited due to its structural

instability making it unsafe for habitation.

No objections to the proposed subdivision are raised on heritage grounds. Historical

evidence provided with the application indicates that the building was built as two

separate, but attached dwellings on a single lot, with separate services to each

dwelling. The size and shape of the current allotment does not follow the established

pattern in the area, in either size or shape. The proposed subdivision does not

require any significant building works, as the subdivision boundary building is

located along the existing party wall. Accordingly, it is considered that the proposed

subdivision will not have a detrimental impact on the significance of the building or

the conservation area.

The proposal to return the buildings from a series of apartments into two single

dwellings is supported on heritage grounds, as it returns the building back to its

original use. This is considered to be a positive heritage outcome.

No objections are raised to the proposed internal works, as they will not impact on

the building’s contribution to the conservation area.

The proposed repair works to the western half of the building are necessary due to

the structural instability of the property, which is in a dilapidated and unsafe state,

and uninhabitable. The works will stabilise the dwelling and ensure its longevity.

The works are generally acceptable on heritage grounds, as they have been designed

to have minimal heritage impact. However, the amount of render proposed is

considered excessive, and a condition is recommended that the original areas of the

western facade be rebuilt as face brickwork, with a colour, texture and profile to

match the existing brickwork of the front part of the building.

The rear addition is considered acceptable, as the rear of the dwelling has been the

subject of unsympathetic additions and the proposal will result in an improved

outcome, in terms of the building’s quality and appearance. The design of the rear

additions is generally consistent with the character of the existing building, and will

not alter its scale. The rendering of the rear elevation and breezeway addition is

considered acceptable as this helps to identify the works as non-original, on the

condition that the colour of the render be a neutral colour and not dark grey.



The proposed roof addition has been amended in response to concerns raised in

regards to the heritage impact of the roof addition as originally proposed. The roof

addition has been set 2.24m back from the Bay Road facade, in order to reduce its

impact on the streetscape. The addition has been kept low and will be constructed of

lightweight material, to mitigate any heritage impact. The glazed balustrades that

were originally proposed have now been replaced with more sympathetic materials.

The proposed new roof addition is considered to be an improvement on the existing

roof addition, in terms of heritage impact, as it has a greater setback from the street,

and will therefore be less visible.

The proposal to replace the pressed metal awning at the bay road facade with a new

timber shingle awning is acceptable given the deteriorated state of the existing

awning.

[In relation to the revised finishes schedule] Whilst the proposed “Lead” grey colour

is acceptable for the window frames/trims/awnings and upper level addition, it is not

considered to be suitable for the large areas of rendered brick at the rear of the

property. As this is a corner site, these works are highly visible and should be painted

in a more characteristic colour.

In conclusion, the proposed works are not considered to have a detrimental impact on

the character or significance of the contributory item or the Prior Road Conservation

Area. Accordingly, no objections to the proposal are raised on heritage grounds.

Should the application be approved, it is recommended that the following conditions

be placed on the approval:

Standard Conditions

A4 No demolition of extra fabric

A5 External Finishes and Materials (modified): External finishes and materials

must be in accordance with the submitted schedule dated 25/9/14, prepared by

Graham Reynolds and received by Council on 25/9/14, unless otherwise

modified by Council in writing, with the exception of the rendered brickwork,

which is to be painted in a neutral, stone or pale grey colour. No approval is

given for the use of Dulux 'Lead' or any dark grey colour for the rendered

brickwork.

E11 Removal of extra fabric

Site specific conditions

Timber windows and doors: All new windows and doors are to be timber framed

with paint finish.

(Reason: To ensure the use of materials consistent with the character and

significance of the conservation area)



Face Brickwork to western facade: All brickwork to the reconstructed sections of

the western facade is to be face brickwork. The new brickwork is to closely match

the original bricks of the front part of the building, in terms of colour and texture.

No approval is given for any applied finishes to the face brickwork.



Building

The application was discussed with Council’s Senior Building Surveyor who advised that the

development is capable of complying with the BCA, subject to conditions. The proposed

retention of chimney pots will not give rise to any non-compliance with the BCA in relation to

the separation of chimney exhaust and building structure/openings provided the proposed fitout

of fireplaces with gas heaters is carried out; a condition is recommended to ensure compliance.

Engineer

The application was referred to Council’s Development Engineer who did not raise any

objections to the proposal, subject to conditions.

Landscaping

The application was discussed with Council’s Landscape Development Officer who advised that

the existing front garden landscaping, in particular, 2 x Manchurian pear trees, 1 x Frangipani

tree, and Lillipilli hedging, are not protected species; however, provide valuable amenity to the

property and the streetscape. Accordingly, it is recommended (via condition) that the trees and

hedges be protected and retained during the development as far as is practicable, and equivalent

plantings be made in the event of any damage or loss during the works. Additional conditions

are recommended to protect street trees.

SUBMISSIONS

The owners of adjoining properties and the Edward/Wollstonecraft Precinct were notified of the

proposed development for a 14-day period, between 13 & 27 June 2014, in accordance with

section A4 of NSDCP 2013. The notification resulted in no submissions.

The amended DA received on 9/5/14 was re-notified to the owners and occupiers of the

immediately adjoining properties at No.2 Priory Road & No.52 Bay Road. The re-notification

resulted in no submissions.

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:



SEPP (AFFORDABLE RENTAL HOUSING) 2009

The Affordable Rental Housing SEPP seeks to facilitate the retention and mitigate the loss of

existing affordable rental housing, and to employ a balanced approach between obligations for

retaining and mitigating such loss.

Part 3 Clause 49 of the SEPP provides for the retention of existing affordable rental housing and

applies to low-rental residential buildings in operation in the Sydney Region as at 28 January

2000. On this date, the site contained a “boarding house” as defined in the SEPP.

Part 3 of the SEPP applies to the proposal for change of use, and alterations and additions to a

boarding house, pursuant to clause 50(1). The application has been lodged in accordance with

clause 50 of the SEPP, and the relevant provisions are considered below.

Assessment criteria

When considering the reduction of the availability of affordable housing, the consent authority

is required under clause 50(2) to take into account the Guidelines and each of the following

criteria:

(a) Whether there is likely to be a reduction in affordable housing. The development will

result in the loss of affordable housing. The documentary evidence is inconclusive as to

the number of low-cost rental rooms existing on 28/1/00; however, based on the available

evidence, including the number of water meters and rental receipts, the reduction in

affordable accommodation is deemed to be seven (7) bedrooms. Council’s Community

Development Manager has indicated that this is a reasonably accurate estimate of the loss.

(b) Whether there is available sufficient comparable accommodation to satisfy the demand

for such accommodation. According to the published data of the Real Estate Institute of

NSW, the average vacancy rate in private rental accommodation in Sydney for the 3

months immediately preceding the date of lodgement of the DA (on 29/5/14) was 1.8%.

As the vacancy rate is less than 3% it is concluded that there is insufficient comparable

accommodation available to mitigate the impact of the development on demand for such

accommodation, in accordance with clause 50(3) of the SEPP.

(c) Whether the development is likely to cause adverse social and economic effects on the

general community. The closure of the boarding rooms over time has displaced

residents, including long term vulnerable tenants who have had to seek alternative

accommodation outside the area. The community-wide impacts that have arisen from the

loss of the rooms include the following:

Loss of household diversity (socio-economic, structure, age and ethnicity);

Increased rental market competition and loss of general housing affordability in

North Sydney; and

Reduced disposable income that would otherwise circulate in the local economy.



(d) Whether adequate arrangements have been made to assist the residents of the building

likely to be displaced to find alternative comparable accommodation. A number of

residents, including two long-term residents from No.50, were relocated in March 2011

with assistance and facilitation by Council’s Community Services section. There are

currently no low-income or boarding house residents on the property.

(e) The extent to which the development contributes to any cumulative loss of affordable

housing in the local government area. The North Sydney LGA is experiencing a

continuing decline in affordable accommodation, with file records indicating some 48

boarding houses operating in the LGA in 1998, and only 26 remaining in a 2011 survey.

Demand for affordable housing in the North Sydney LGA remains high and vacancy rates

are low (below 2%). Council’s Affordable Housing Study identifies that, in 2011 there

were approximately 3,800 households in the LGA in rental stress and 1,100 households in

mortgage stress (4,900 in total). This means that 26% of all renting households in the

LGA and 16% of all home-purchasing households were in housing stress. By far the

greatest need for affordable housing by this measure was for very low and low income

renters (55%).

While the individual contribution of the site’s seven (7) beds to the overall supply of low

rental accommodation in the North Sydney is small, the cumulative impact of the loss,

including more recently, conversions of 3 x low- rental units at No.23 Lavender Crescent,

Lavender Bay (DA18/09), a 6-room boarding house at No.40 Carabella Street, Kirribilli

(DA516/10), 20 beds at No’s.24 & 26 Walker Street, Lavender Bay (DA174 & 175/11),

loss of 4 x low rental units at 5 Bayview Street, Lavender Bay (DA3/12), 10 beds at

No.35 Union Street, McMahons Point (DA58/13), and 3 beds at No.32 Edward Street,

North Sydney (DA191/13), is considered to be significant to the North Sydney LGA.

This is, however, counterbalanced by more recent additions to affordable housing stock in

the LGA, such as a 69-room boarding house at No’s.20-28 Brook Street, Crows Nest

(DA474/10); 26 boarding house rooms at No.48 Albany Street, St Leonards (DA81/13);

and a 7-room boarding house managed by Link Housing (Council’s local community

housing provider) via a grant by Housing NSW at No.23 Nicholson Street, Wollstonecraft

(DA115/14); and potential provision of 17 affordable units at No.106 Parraween Street,

Cremorne (DA260/14).

Council has actively sought to address the issue of the cumulative loss of affordable

housing in the LGA. On 7/11/11 Council wrote to the Director General seeking an

exemption from the Ministerial Direction so that any contributions levied from the North

Sydney LGA under clause 51 of the SEPP may be allocated to projects within the LGA.

Council’s Manager Community Development has advised that the Minister has not made

a commitment to any exemption; however, has made efforts to ensure that contribution

monies are spent within the local area. Most recently, Housing NSW has allocated

funding to Link Housing, Council’s local housing provider, to fund the project at No.23

Nicholson Street, Crows Nest.



(f) The structural soundness of the building, the extent to which the building complies

with any relevant fire safety requirements and the estimated cost of carrying out work

necessary to ensure structural soundness and compliance with fire safety requirements.

The building has undergone recent repairs and maintenance as discussed in the

Compliance History section report. The western side of the building (No.50) is in a state

of dilapidation requiring extensive remedial works to make suitable for habitation. The

list of works recommended in the engineer’s report are substantial and include new

footings, brickwork re-construction, new lintels, replacement of roof and guttering, and

stormwater/sewer connections.

(g) Whether the imposition of a condition requiring the payment of a monetary

contribution for the purposes of affordable housing would adequately mitigate the

reduction of affordable housing resulting from the development. It would be

appropriate to mitigate the cumulative loss of affordable rental housing, and the

associated adverse social and economic impacts on the community, by way of a monetary

contribution. However, subject to the requirements of clause 51 of the SEPP, such a

contribution cannot be levied in the circumstances, as discussed below.

(h) The financial viability of the continued use of the boarding house. Clause 50(4) of the

SEPP provides that, for the purposes of sub-clause (2)(h), the continued use of a boarding

house is financially viable if the rental yield is not less than 6% as determined under

clause 51(5). Using the Department of Planning’s online Boarding House Financial

Viability Calculator, the rental yield of the boarding rooms is calculated to be 1.22%. As

the yield is less than 6%, it is determined that the boarding house use is not financially

viable.

Assessment under the Affordable Housing Guidelines

In accordance with the Department of Planning’s Guidelines for the Retention of Existing

Affordable Rental Housing October 2009 (Affordable Housing Guidelines), a balanced

consideration of the assessment criteria is adopted.

The development will give rise to poor outcomes in that it will lead to a reduction in affordable

housing where comparable accommodation is not sufficiently available; the cumulative loss of

affordable housing in the North Sydney LGA is significant; and no monetary contributions for

affordable housing can be charged under the SEPP as the boarding house is determined to be not

financially viable.

Notwithstanding, it would be counter-productive to force the retention of the boarding rooms

where they have been determined to be not financially viable and its operation could not provide

a reasonable return on investment. The SEPP provides that where it is demonstrated that

retention of low cost rental accommodation is not financially viable, it would be unreasonable to

expect a private property owner to maintain the property as a social asset/service in an

environment in which broader structural, institutional and market forces have contributed to a

decades-long continuing decline of affordable housing provision in the North Sydney LGA.



The 7 boarding rooms are the remains of what was formerly a larger boarding house since

diminished by neglect, lack of upkeep, attrition and the unauthorised return of No.48 to single

residential use. The boarding rooms have sustained high vacancy rates of some 70-100% over

some time, which on the evidence can reasonably be attributed to the state of disrepair of

accommodations and lack of security of tenure for residents. The 7 boarding rooms are not

currently habitable and have for some time not met contemporary standards for boarding house

accommodation. A review of the applicant’s submission has demonstrated that it would be

prohibitively expensive to upgrade the building to meet current requirements and standards for

use as low cost rental housing. The rooms are no longer tenanted and the proposed

discontinuation of use as boarding rooms will not give rise to the displacement of any

vulnerable or long-term tenants.

The continued operation of a non-viable and sub-standard boarding house would not be in the

public interest. It is on this basis, in the particular circumstances of the case, that the loss of the

boarding rooms is considered to be satisfactory on a balanced consideration of the requirements

of the Affordable Rental Housing SEPP. As such, there would be no long term benefit for

Council’s affordable housing goals in refusing consent for the change of use.

NORTH SYDNEY LEP 2013

1. Permissibility within the zone

The site is zoned R3 Medium Density Residential under the provisions of the North Sydney

Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of a semi-

detached dwelling is permissible with the consent of Council. Subdivision and demolition are

permissible with consent pursuant to clauses 2.6 and 2.7 of the LEP, respectively.

2. Residential Zone Objectives

Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular

objectives of the R3 Medium Density Residential zone. It is considered that the development

satisfies the provisions as it will maintain residential accommodation and contribute to a variety

of housing types within a medium density environment, without compromising the amenity of

surrounding development or the conservation area, as discussed in this report.

3. LEP Compliance table

The application has been assessed against the relevant principal development standards

contained in Part 4 of NSLEP 2013 as indicated in the following compliance table. More

detailed comments with regard to non-compliances are provided later in this report.

STATUTORY CONTROL – North Sydney Local Environmental Plan 2013

Site Area – 666.1m² Existing Proposed Control Complies

R3 Medium density residential

Minimum Lot Size (cl.4.1) 666.1m² 300.8m² (No.48)

365.3m² (No.50) 230m² Yes

Building Height (cl.4.3(2))

(max)

10.9m

(83.68AHD /

RL+10.07)

11.3m

(83.68AHD /

RL+10.07)

8.5m No



4. Building Height

The maximum building height for the site is 8.5m pursuant to clause 4.3 of NSLEP 2013. The

existing and proposed building height does not comply with the development standard. The

proposed height non-compliance of 2.8m (33%) is attributable to the roof addition, as shown in

Figure 8.

Figure 8 – Section showing existing and proposed height variation

The applicant has submitted a written request seeking to vary the development standard,

pursuant to clause 4.6 of NSLEP 2013 (refer Attachment 3). The proposed variation has

been assessed against the requirements of clause 4.6 and the objectives of the control, as

discussed below:

(a) to promote development that conforms to and reflects natural landforms, by

stepping development on sloping land to follow the natural gradient. The existing

landform will be maintained.

(b) to promote the retention and, if appropriate, sharing of existing views. There are

no views of any significance identified that may be affected by the development.

(c) to maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access for future development. The proposed additional shadow

impacts of the development will generally fall on the roof of No.52 Priory Road

(refer Attachment 4). The height variation will not result in any material

additional impacts, and solar access to adjoining properties will be maintained

similar to existing.

(d) to maintain privacy for residents of existing dwellings and to promote privacy for

residents of new buildings. The development will generally reduce privacy

impacts arising from the use of the roof top level of the building. In particular, the

proposed roof addition will be set back from the parapet in its entirety and result in

a reduction in the size of the trafficable outdoor roof terrace by some 32.6m2.



(e) to ensure compatibility between development, particularly at zone boundaries.

The scale of the building, and its impacts on the amenity of development in the

adjoining R2 Low Density Residential zone, will be similar to existing. The roof

addition will be set further back from Bay Road than the existing structure, and

adequately set back behind the existing building parapet on all sides.

(f) to encourage an appropriate scale and density of development that is in

accordance with, and promotes the character of, an area. The replacement roof

addition will maintain the maximum ridge height of the existing rooftop structures

(RL10.70). The new addition will be adequately set back from the existing parapet

on each of the sides of the building so as to maintain the existing bulk and scale of

the building.

In consideration of the above, it is concluded that the proposed development will not have any

material adverse impacts on neighbouring properties arising from the proposed building height.

On balance, there are sufficient environmental planning grounds to justify contravention of the

development standard. The objectives of the height control would be achieved despite the

variation and it would be unreasonable to require compliance in the circumstances of the case.

The variation to clause 4.3 of NSLEP 2013 is supported in this case.

5. Heritage conservation

As discussed in the Heritage Referral section in this report, Council’s Conservation Planner

has advised the development is satisfactory in terms of clause 5.10 Heritage Conservation of

NSLEP 2013. The contribution of the building to, and the environmental heritage and

significance of, the Priory Road Conservation Area will be conserved, subject to conditions.

6. Earthworks

Earthworks are permissible with consent, pursuant to clause 6.10 of the LEP. The proposal

involves earthworks primarily associated with remedial works relating to foundation structure

and landscaping. The works have been assessed to be satisfactory in relation to the objectives

and relevant provisions in clause 6.10(1) & (2); in particular, drainage patterns and soil stability

will be maintained, with minimal impacts on adjoining properties.

7. Vehicle access

Development for the purposes of a driveway and vehicular crossing within a road reserve

associated with a permissible use in an adjoining zone may be carried out with consent,

pursuant to clause 6.13 of the LEP. Vehicle access is discussed in the DCP Compliance Table

in this report.

SEPP 55 and Contaminated Land Management Issues

The provisions of SEPP 55 require Council to consider the likelihood that the site has

previously been contaminated and to address the methods necessary to remediate the site.

Given the residential history of the site, it is unlikely to be any issues of soil contamination that

would require remediation.



SREP (Sydney Harbour Catchment) 2005

The site falls within the Sydney Harbour Catchment Area and is subject to the provisions of the

Policy. Clause 25 of the SREP outlines matters to be taken into consideration in relation to the

maintenance, protection and enhancement of the scenic quality of foreshores and waterways.

The development is not readily visible from the Harbour, and will thus not have any detrimental

impact on the character or scenic quality of foreshores and waterways.

North Sydney DCP 2013

The proposal is generally consistent with section B2 of the DCP relating to residential

developments and Section C10 & C10.13 being the Character Statement for the Priory Road

Conservation Area within the Waverton/Wollstonecraft Planning Area.

DEVELOPMENT CONTROL PLAN 2013

Residential Development Complies Comments

B1.2 Social Amenity

Maintaining residential

accommodation

Affordable housing

No

(however,

assessed

as

satisfact-

ory under

the SEPP)

The development will result in a reduction in the number of

boarding house rooms from seven (7) to zero, which is

contrary to the objectives of DCP to retain low cost rental

accommodation within the LGA. However, the proposal

has been assessed against the requirements of the State

Government policy on affordable rental housing and found

to be satisfactory – refer to SEPP (Affordable Rental

Housing) section in this report.

B1.3 Environmental Criteria

Topography Yes Limited earthworks are proposed to reinforce building

foundations and to provide for footings to the rear deck.

The fall of the land and the building’s relationship to it will

be maintained.

Views Yes There are no identified significant views that would be

affected by the development.

Solar access Yes The proposed additional midwinter shadows, generally on

the roof of No.52 Priory Road as indicated in the submitted

shadow diagrams (Attachment 4) is not considered to be a

material impact. The roof addition has been sufficiently set

back 1.45m and 4.2m behind the western parapet, so as to

maintain adequate solar access to adjoining properties.

Acoustic privacy Yes The existing masonry party wall will provide adequate

acoustic separation between the semi-detached dwellings.





Visual privacy Yes Windows

The proposed infill of the central breezeway involves

replacement of the existing hallway windows, currently

recessed within the breezeway, with new bedroom

windows at the primary rear building alignment. These

windows will not give rise to any material privacy impacts

as they will be set back at least 8.2m from the rear boundary

and are associated with a relatively low-intensity bedroom

use.

The windows and doors of the roof addition will not give

rise to any material privacy impacts as they will be set back

adequately behind the existing building parapet and site

boundaries and not directly overlook any adjoining

dwellings.

Yes Decks

The proposed rear decks, to be elevated 1.5m above the

garden level, are satisfactory on the balance of the following

considerations:

The trafficable area of each deck, being 10.1m2 and

15.3m2 at No’s. 48 & 50, respectively, are reasonable

and not excessive in size;

The primary outlook of the decks will be to the rear

garden of the subject site and not directly overlook any

adjoining primary internal or outdoor living areas

(Figure 9);

The decks will be set back 5.5 to 7.2m from the rear

boundary, and separated from the primary dwelling at

No.2 Priory Road by existing outbuildings abutting the

fence (refer Figure 9); and

Privacy screens/walls will be provided on the sides of

the decks.





Visual privacy

(continued)

Figure 9 – View of rear-adjoining property to the south at

No.2 Priory Road

B1.4 Quality Built Form

Context Yes The building is suitable for reversion to semi-detached

dwellings and the works are compatible with the character

of the building.

Subdivision pattern Yes The proposed subdivision along the alignment of the

existing party wall is consistent with the historic subdivision

of the site (refer Heritage Referral section), and with other

irregularly shaped blocks on street corners which are

recognised in the DCP area character statement CS10.13.4

P4.

Streetscape Yes Conditions are recommended for the retention and

protection of street trees (via conditions).

Siting Yes The existing building orientation and siting will be

maintained.

Setbacks Yes The proposal complies with the setback requirements in

section B1.4.6 P2. The bulk and scale of the building and

separation from adjoining dwellings will be maintained,

discussed as follows:

Front setback

No change is proposed to the front building alignment at

ground and first floor levels. The existing roof structure at

the front parapet will be demolished and replaced with a

new roof level set back 2.24m from the parapet, which will

reduce the bulk and scale of the building.





Setbacks

(continued)

Yes Side setbacks

No change is proposed to the existing side setbacks which

do not comply with the minimum setback requirements of

900mm and 1.5m at ground and first floor levels,

respectively, in the location of the bay windows and rear

(southern) part of the building. No additional amenity

impacts will arise from the proposed retention of existing

side setbacks, and the development is considered to be

satisfactory in this regard.

The roof terrace addition will be set back at least 3.5m from

the side boundaries and behind the existing parapet, which

complies with the minimum 2.5m setback requirement at

the upper (third) level of the building.

Yes Rear setback

The infill of the central breezeway will maintain the

existing primary rear building alignment.

Form, massing & scale

Built form character

Yes The existing roof structure built at the front parapet will

be replaced with a roof addition built to the same height

and set back behind the front parapet. The new roof

addition will be less dominant and visible from the street

and less detracting from the front façade compared to the

existing (Figure 10).

Figure 10 – Existing roof structure will be replaced with a less detracting roof addition set back and

behind the front parapet

Dwelling entry Yes The dwelling entries at the eastern and western elevations

will be maintained, clearly legible and with direct sightlines

to Priory Road (No.48) and Bay Road (No.50).

Roofs Yes The new roof addition will have a shallow roof pitch

matching the roof pitch of the existing roof structure (to be

demolished). The addition will be set back from the

parapets to allow for the continued expression of the

existing brick and rendered chimney pots which are

characteristic of the building and the area, as identified in

the character statement CS10.13.4 P7.





Colours & materials Yes The palette of materials, including face brick walls and

shingles, metal roof, and timber joinery is consistent with

the character of the area, in accordance with CS10.13.4 P8,

P9 & P10. The colours are generally compatible with the

building, subject to conditions recommended by Council’s

Conservation Planner and as discussed in the Heritage

Referrals section.

Front fences Yes The proposed 1m high brick front fence complies with

section B1.4.14 P1 & P5. The pedestrian gate and vertical

timber paling sliding gate will provide articulation and are

compatible with the streetscape.

The provision of a 1.8m high vertical timber fencing and

sliding gate at the Priory Road frontage, at the rear and on

the lower side of the site, is consistent with section B1.4.14

P1 which allows for higher side fences for privacy.

B1.5 Quality Urban Environment

High quality residential

accommodation

Yes The semi-detached dwellings will provide a high level of

internal amenity.

Ventilation Yes All primary living areas and bedrooms will have adequate

access to natural light and ventilation.

Safety and security Yes The dwellings will have legible entries with direct sightlines

to the street, and secure parking.

Vehicular access & car

parking

No The proposed single car accommodation located at the rear

of No.48 Bay Road is consistent with the character

statement CS10.13.4 P14; however, the provision of parking

within the front setback of No.50 Bay Road does not

comply. The latter is nevertheless supported in the

particular circumstances of the case, having regard to the

following:

The proposed parking is in the same location as an

existing double car space with existing driveway access

to Bay Road;

The provision of 2 spaces for a 4-bedroom dwelling will

provide adequately for the site in accordance with

Council’s parking rates;

The car parking will be in the form of an open

hardstand area with no associated structure other than a

low-height sliding gate, which will have minimal

impacts on the streetscape;





Vehicular access & car

parking

(continued)

No The provision of parking will not require removal of

any significant vegetation and the existing front garden

setting will be retained;

The car parking adjoins a brick garage at No.52 Bay

Road and is serviced by an existing driveway crossover

(Figure 11), and its use will not give rise to any

additional amenity impacts on the neighbouring

dwelling compared to existing.

Figure 11 – Existing parking and driveway

Site coverage Yes The development will result in a minor reduction in site

coverage, being the net of the proposed demolition of the

rear toilet wings and infill of the central breezeway. The

proposed site coverage complies with the maximum

provision in section B1.5.5 P1, as shown in the table below.

The development will maintain existing site density and

allow for adequate provision of landscaped areas.

Site Coverage (lot size 230-

499m2) (cl.B1.5.5) (max)

Proposed

site area Existing Proposed Control (max)

Com

-plies

No.48 300.8m2 46% (138m

2) 45% (136m

2) 50% (150.4m

2) Yes

No.50 365.3m2 38% (138m

2) 37% (136m

2) 50% (182.6m

2) Yes

Landscape area Yes The proposal complies with the minimum landscape and

maximum un-built upon areas provided for in section

B1.5.6 P1, as shown in the table below.

Landscape Area (lot size

230-499m2) (cl.B1.5.6)

Proposed

site area Proposed Control (min) Complies

No.48 300.8m2 38% (113m

2) 30% (90m

2) Yes

No.50 365.3m2 41% (151m

2) 30% (110m

2) Yes

Un-built Upon Area (lot size

230-499m2) (max) (cl.B1.5.6)

Proposed

site area Proposed Control (max) Complies

No.48 300.8m2 17% (52m

2) 20% (60m

2) Yes

No.50 365.3m2 19% (70m

2) 20% (73m

2) Yes





Landscape area

(continued)

The proposed single open hardstand car space at the rear of

No.48 Bay Road, when not occupied by a car, will add to

available useable private open space in the rear yard, which

is satisfactory in this case as a substantial front garden will

be maintained at the front, with direct access from primary

living areas, being the open plan kitchen and dining room,

via the front sunroom.

Excavation Yes The proposal involves minimal soil disturbance, primarily

for the purpose of remedial works to the building

foundations and landscaping, and will not give rise to

adverse impacts on the structural stability of adjoining

properties.

Landscaping

Front gardens

Yes The proposed of paving has been minimised to the extent

necessary to provide garden paths, and a hardstand parking

area at No.50 Bay Road. Conditions are recommended to

ensure that the existing front garden landscaped setting will

be maintained, as discussed in the Landscape Referral

section in this report.

Private open space Yes Private open space will be provided adjacent primary living

areas at ground level and in excess of the minimum area of

40m2 required under section B1.5.10 P1 of the DCP.

Garbage storage

Site facilities

Yes The site will provide adequately for garbage storage and

clothes drying.

B1.6 Efficient Use of Resources

Energy efficiency Yes A BASIX certificate has been submitted, including

commitments for energy and water efficient fixtures and

fittings. All primary living areas and bedrooms will have

access to natural light and ventilation.

SECTION 94 CONTRIBUTIONS

Section 94 contributions are not required to be levied for the proposed alterations and additions

to convert existing residential accommodation to semi-detached dwellings, in accordance with

clause 1.4 of the Section 94 Contributions Plan.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

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

report.



ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues N/A

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979

CONCLUSION

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

Plan 2013 and the North Sydney Development Control Plan 2013.

The development will generally maintain the existing building envelope. The proposed roof

addition will replace an existing uncharacteristic roof structure to the same ridge height and set

back behind the front parapet so as to result in an overall reduction in building bulk and

streetscape impacts. The replacement roof addition will not give rise to any material privacy

and shadow impacts. The variation of the development standard attributable to the roof addition

can be supported in this case.

The development will result in a loss of affordable housing in North Sydney. However, the

application is supported in the particular circumstances of the case, having regard to the lack of

financial viability, prohibitively expensive remediation works to the building structure, pre-

existing substandard accommodations, and absence of any currently existing tenants displaced

as a result of the development.

The development has been assessed as acceptable on heritage grounds. The reversion of the

property to semi-detached residences is consistent with the historic use of the site, and the

alterations and additions are generally in keeping with the conservation area.

The application is recommended for approval as it has been assessed under the provisions of the

Environmental Planning and Assessment Act 1979 as satisfactory, subject to the imposition of

standard and site-specific conditions of consent.



RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

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

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

provisions of clause 4.3 of North Sydney Local Environmental Plan 2013, grant consent to

Development Application No. 168/14 for change of use from boarding house to two semi-

detached dwellings involving alterations and additions, additional parking, and subdivision into

two lots subject to the attached standard conditions and the following site specific conditions:

Relocation of power pole on Priory Road

A5. A driveway crossover on Priory Road may only be constructed where prior written

approval has been obtained from Ausgrid for the relocation of the power pole on Priory

Road in the vicinity of the new driveway crossover.

Relocation of the power pole must be undertaken in accordance with the requirements and

specifications of Ausgrid. Any conditions imposed by Ausgrid must be complied with at

all times during relocation of the power pole/service.

The developer must bear the cost of all associated electricity design and construction

works, and any associated works on Council’s property, including the restoration of any

damaged areas.

Note: To initiate a pole relocation project the developer should contact Ausgrid’s

Contestability group by email to [email protected] or by phone 8569 6727.

For further details about the contestable process reference may be made to Ausgrid's

Network Asset Relocation and Undergrounding Policy Guidelines at

http://www.ausgrid.com.au/~/media/Files/Network/Documents/ES/Ausgrid_network_und

ergrounding_policy.pdf)

(Reason: To maintain and protect public infrastructure)

Timber windows and doors

C18. All new windows and doors are to be timber framed with paint finish. 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 ensure the use of materials consistent with the character and significance

of the conservation area)

mailto:[email protected]

http://www.ausgrid.com.au/~/media/Files/Network/Documents/ES/Ausgrid_network_undergrounding_policy.pdf

http://www.ausgrid.com.au/~/media/Files/Network/Documents/ES/Ausgrid_network_undergrounding_policy.pdf



Face brickwork to western facade

C19. All brickwork to the reconstructed sections of the western facade is to be face brickwork.

The new brickwork is to closely match the original bricks of the front part of the building,

in terms of colour and texture. No approval is given for any applied finishes to the face

brickwork.

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 ensure the use of materials consistent with the character and significance

of the conservation area)

Service adjustments

E22. 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

applicant/developer’s 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)

Susanna Cheng David Hoy

SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS

Stephen Beattie

MANAGER ASSESSMENTS

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

48-50 BAY ROAD, WAVERTON DEVELOPMENT APPLICATION NO. 168/14

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

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

Plan No. Issue Title Drawn by Received

DA.03 B Remedial Works West Elevation Graham Reynolds 5/9/14 DA.05 D Existing Ground Floor Remedial

Works Graham Reynolds 5/9/14

DA.06 D Existing First Floor Remedial Works

Graham Reynolds 5/9/14

DA.07 D Existing Roof Terrace Remedial Works

Graham Reynolds 5/9/14

DA.08 C Existing Elevations Page 1 Graham Reynolds 5/9/14 DA.09 C Existing Elevations Page 2 Graham Reynolds 5/9/14 DA.10 C Existing Sections (No.48) Graham Reynolds 5/9/14 DA.11 C Existing Sections (No.50) Graham Reynolds 5/9/14 DA.12 C Proposed Site Plan Graham Reynolds 5/9/14 DA.13 D Proposed Ground Floor Graham Reynolds 7/11/14 DA.14 D Proposed First Floor Graham Reynolds 7/11/14 DA.15 D Proposed Roof Terrace Graham Reynolds 7/11/14 DA.16 D Proposed Elevations Page 1 Graham Reynolds 5/9/14 DA.17 C Proposed Elevations Page 2 Graham Reynolds 5/9/14 DA.18 C Proposed Sections (No.48) Graham Reynolds 5/9/14 DA.19 C Proposed Sections (No.50) Graham Reynolds 5/9/14 - - Plan of Subdivision of Lot 1

Section 3 in DP 7544 Stewart Dixon & Assoc.

5/9/14

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

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

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.

ATTACHMENT TO IPP06 - 03/12/2014

48-50 BAY ROAD, WAVERTON DEVELOPMENT APPLICATION NO. 168/14 Page 2 of 31

September 2013 v1

All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.


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

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

documented on the approved plans.

(Reason: To ensure compliance with the approved development) External Finishes & Materials A4. External finishes and materials must be in accordance with the submitted schedule

dated 25/9/14, prepared by Graham Reynolds and received by Council on 25/9/14, unless otherwise modified by Council in writing, with the exception of the rendered brickwork, which is to be painted in a neutral, stone or pale grey colour. No approval is given for the use of Dulux 'Lead' or any dark grey colour for the rendered brickwork.


accordance with the determination of Council, Public Information) Relocation of power pole on Priory Road

A5. A driveway crossover on Priory Road may only be constructed where prior written

approval has been obtained from Ausgrid for the relocation of the power pole on Priory Road in the vicinity of the new driveway crossover.

Relocation of the power pole must be undertaken in accordance with the requirements and specifications of Ausgrid. Any conditions imposed by Ausgrid must be complied with at all times during relocation of the power pole/service. The developer must bear the cost of all associated electricity design and construction works, and any associated works on Council’s property, including the restoration of any damaged areas. Note: To initiate a pole relocation project the developer should contact Ausgrid’s Contestability group by email to [email protected] or by phone 8569 6727. For further details about the contestable process reference may be made to Ausgrid's Network Asset Relocation and Undergrounding Policy Guidelines at http://www.ausgrid.com.au/~/media/Files/Network/Documents/ES/Ausgrid_network_undergrounding_policy.pdf)

(Reason: To maintain and protect public infrastructure)


mailto:[email protected]�

http://www.ausgrid.com.au/~/media/Files/Network/Documents/ES/Ausgrid_network_undergrounding_policy.pdf�

http://www.ausgrid.com.au/~/media/Files/Network/Documents/ES/Ausgrid_network_undergrounding_policy.pdf�


September 2013 v1

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Dilapidation Report Damage to Public Infrastructure

C1. A dilapidation survey and report (including photographic record) must be prepared by

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

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

commencement of construction) Dilapidation Report Private Property (Earthworks/Excavation) C2. A full dilapidation survey and report on the visible and structural condition of all

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

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

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



September 2013 v1

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

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

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

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

construction) Structural Adequacy of Adjoining Properties - Earthworks/Excavation C3. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining properties No.52 Priory Road, Waverton, which certifies their ability to withstand the proposed earthworks/excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

(Reason: To ensure the protection and structural integrity of adjoining properties in close proximity during excavation works)

Structural Adequacy of Existing Building C4. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.

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



September 2013 v1

Sediment Control C5. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:

a) All details of drainage to protect and drain the site during the construction

processes; b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion

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

construction.

All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Waste Management Plan C6. A Waste Management Plan is to be submitted for approval by the Certifying Authority

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

a) The estimated volume of waste and method of disposal for the construction and operation phases of the development;

b) The design of the on-site waste storage and recycling area; and c) Administrative arrangements for waste and recycling management during the

construction process.



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

waste) Roofing Materials - Reflectivity C7. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

materials does not occur as a result of the development) Work Zone C8. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be issued by the Council prior to the issue of any Construction Certificate. Work Zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Works Zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the Works Zone is approved by the Committee, the Applicant must obtain a written copy of the related resolution from the North Sydney Local Traffic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the Committee, including installation of the necessary ‘Work Zone’ signage and payment of any fees, must occur prior to commencement of any works on the site. Further, at the expiration of the Work Zone approval, the developer is required to remove the Work Zone signs and reinstate any previous signs, all at the developer's cost. The requirements imposed by the Committee on the Work Zone permit (or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)



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Obtain Driveway Crossing Permit under S.138 Roads Act 1993 C9. Prior to the issue of the Construction Certificate, North Sydney Council must issue the

applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘Vehicular Access Application’ form with payment of the adopted assessment/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The civil design drawings shall detail the following infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways shall comply with AS 2890.1 and

Council’s current Vehicular Access Application Guidelines and Specification (gutter bridges not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor.

b) The width of the vehicular layback on Bay Road shall be 5.0m (including the wing). The vehicular crossing and layback shall be constructed as a joint layback and crossing with crossing at 52 Bay Road.

c) The vehicular layback shall be set square to the kerb. d) The boundary footpath levels on Bay Road shall match the existing levels

and shall not be altered unless agreed to by Council. e) The gutter levels and road shoulder levels on Bay Road shall stay unchanged. f) The kerb gutter, and 600 mm road shoulder wide strip, adjacent to all new

layback and gutter works, on Bay Road shall be reconstructed, to ensure uniformity in the road reserve.

g) The footpath and grass verge on Bay Road shall be reconstructed and is to be transitioned at least 1.5m on both sides of the crossing to ensure uniformity on the footpath.

h) The width of the vehicular layback in Priory Road shall be 3.5m (including the wings).

i) The vehicular laybacks shall be set square to the kerb. j) The boundary footpath levels shall match the existing levels and shall not be

altered unless agreed to by Council. k) Alignment levels at the boundary have an important impact on the proposed

levels for new driveway. No work should start until first obtaining boundary alignment levels. Council has the authority to remove any unauthorised works at the cost of the property owner.

l) The Certifying Authority must ensure that the internal property levels at boundary matches existing boundary levels.

m) The crossing (between the layback and the property boundary) shall be placed perpendicularly on a single straight grade of approximately 4.5%, falling to the back of the layback. It must be taken into account that the sum of cross fall grade of the road shoulder and driveway crossing (section over the grass verge) is no more than 15%. The cross fall of the road shoulder is measured for a distance of 1200 mm falling to the gutter lip, starting from the surface of the existing carriageway 1650 mm from the existing face of kerb.



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n) If the sum of the cross fall grade of the existing road shoulder levels and projected driveway crossing taken from existing footpath boundary levels exceeds 15%, the gutter levels and road shoulder levels will require some adjustment (lifting) to prevent scraping of vehicles and to ensure smooth transitions. As a result, the kerb & gutter are to be transitioned as necessary on both sides of the proposed layback crossing for approximately 1 m to ensure that a minimum longitudinal fall of 1% is achieved to maintain gutter flows.

o) The footpath and grass verge on Priory Road shall be reconstructed and are to be transitioned at least 2.0m on both sides or for additional pavement panel, whichever is greater, to ensure uniformity on the footpath.

p) The kerb gutter, and 1200 mm road shoulder wide strip, adjacent to all new layback and gutter works, on Priory Road shall be reconstructed, to ensure uniformity in the road reserve.

q) Any twisting of driveway access to ensure vehicles do not scrape shall occur entirely with in the subject property.

r) All inspection openings, utility services shall be adjusted to match the proposed driveway levels and location.

s) The design detail has to be provided with vehicular access application and must include sections along centre-line and extremities of the crossing at a scale of 1:25. Sections are to be taken from the centre of the roadway through to the parking area itself and shall include all changes of grade and levels, both existing and proposed.

t) A longitudinal section along the gutter line on Priory Road at a scale of 1:50 showing how it is intended to transition the layback with the existing gutter levels and shall include all changes of grade and levels, both existing and proposed.

u) A longitudinal section along the footpath property boundary at a scale of 1:50 is required and shall include all changes of grade and levels, both existing and proposed.

v) The sections shall show the calculated clearance to the underside of any overhead structure.

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

x) Any footpath panel on Bay Road and/or Priory Road disturbed for the purpose of stormwater connection shall be reconstructed as a whole panel.

All driveway and infrastructure works on the road reserve must proceed in accordance with the terms of the permit issued by Council. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued.

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

disruption to pedestrian and vehicular traffic)



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Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C10. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $8,500.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates,

b) completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with this consent

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

the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of

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

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

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

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

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

Tree Bond for Public Trees C11. Prior to the issue of any construction certificate, security in the sum of $4,000.00 must

be provided to Council for the protection of trees in public places, including the making good of any damage caused to such trees. The security is to be provided in accordance with the Schedule below.


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The security must be provided by way of:

a deposit with the Council; or

a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer. If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.

In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.

SCHEDULE

2 x Bottlebrush trees on Bay Road 2 x Paperbark trees on Priory Road 1 x Bottlebrush tree on Priory Road (Reason: Protection of existing environment public infrastructure, community

assets and significant trees) Chimney/Flue Discharge Location C12. The height of the chimney/flue must be in accordance with the requirements of the

Building Code of Australia, and any relevant Australian Standard applicable to the type and nature of heating appliance installed

Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. Note: If the design of the chimney/flue approved by this consent needs to be altered to

achieve compliance with this requirement, an application to modify this development consent may be required, depending on the nature of the changes required.

(Reason: To ensure compliance with appropriate environmental standards and

protect residential amenity arising from chimney and flue installations)



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Asbestos Material Survey C13. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following: a) the removal of asbestos must be undertaken by a WorkCover licensed

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

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

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

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

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the

building is not put at risk unnecessarily) Air Conditioners in Residential Premises C14. The use of any air conditioner installed on the premises must comply with the

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

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

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

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

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



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

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

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

Security Deposit/ Guarantee Schedule C15. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($) Street Tree Bond (on Council Property) $4,000.00 Engineering Construction Bond $8,500.00 TOTAL BONDS $12,500.00

(Reason: Compliance with the development consent)

BASIX Certificate C16. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX Certificate No. (A186345) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements) Amendments to the Landscape Plans C17. All landscaping shown in the landscape plans DA.24(C) Landscaping No.48 and

DA.25(C) Landscaping No.50, dated 5/9/14, prepared by Graham Reynolds and received by Council on 5/9/14 are to be protected and retained or replaced as far as is reasonably practicable.

Adequate protection measures are to be installed and approved in writing by a suitably qualified Arborist prior to any commencement of works, and the landscaping is to be protected during the course of the development, in relation to the following plantings in particular:



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• 2 x Manchurian pear trees at No’s. 48 & 50 Bay Road; • 1 x Frangipani tree at No.50 Bay Road; and • Lillipilli hedge plantings growing along the front (northern) boundary and part of

the side (eastern) boundary of the site. Every effort is to be made during the works to protect and retain the trees and hedge plantings nominated above. Where there is irreparable damage or loss to the plants, replacement plantings of tree(s) and hedge plant(s) must be provided like-for-like and generally in the same location, prior to the issue of an Occupation Certificate. 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 ensure appropriate landscaping and residential and streetscape

amenity) Timber windows and doors

C18. All new windows and doors are to be timber framed with paint finish. 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.



Face brickwork to western facade C19. All brickwork to the reconstructed sections of the western facade is to be face

brickwork. The new brickwork is to closely match the original bricks of the front part of the building, in terms of colour and texture. No approval is given for any applied finishes to the face brickwork.

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 ensure the use of materials consistent with the character and significance of the conservation area)



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D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

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

evidence of insurance upon lodgement of the application.)

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

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

written confirmation received from North Sydney Council of the allocated street address (house number) and/ or unit numbers of the completed project. To assist Council, a plan for unit numbering should be submitted for concurrence. These details will be recorded in Council records and must be displayed at the property in accordance with the provisions of the applicable Australian Standard relating to rural and urban addressing. A copy of the allocation confirmation must be submitted to the Certifying Authority with the application for a Construction Certificate.

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

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Sydney Water Approvals D3. Prior to the commencement of any works, the approved plans must be submitted to a

Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works.



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Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)

Asbestos Material Survey

D4. Prior to the commencement of any works, a report must be prepared by a suitably

qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:

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

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

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

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

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

Commencement of Works Notice

D5. Building work, demolition or excavation in accordance with this development consent

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

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

commencement of any building work, demolition or excavation)



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

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

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

E2. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not

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

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)



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

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

(Reason: Stormwater control during construction)

Council Inspection of Public Infrastructure Works E5. During the works on public infrastructure reverting to Council’s care and control,

Council’s development engineer must undertake inspections of the works at the following hold points:- a) Vehicular access; and associated road civil works on both street frontages. All works must proceed in accordance with Roads Act 1993 approvals or other permits relating to roads issued by Council. A minimum of 48 hours notice must be given to Council to book an inspection. Work must not proceed until the works or activity covered by the inspection is approved.

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

system) Removal of Extra Fabric E6. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith. No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.

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

Dust Emission and Air Quality E7. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

covered.



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(c) Dust suppression measures must be carried out to minimise wind-borne emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration E8. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E9. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas. (Reason: To ensure the proper management of public land and funds)

No Removal of Trees on Public Property E10. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets) Special Permits E11. Unless otherwise specifically approved in writing by Council, all works, processes,

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



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1) On-street mobile plant

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

(Reason: Proper management of public land)

2) Hoardings

Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.


3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.


Noxious Plants E12. All lantana, privet, rubber trees, asthma weed, and other declared noxious plants on

the site, must be eradicated before the commencement of landscape works.

(Reason: To ensure that plants identified as weed species are not allowed to proliferate or interfere with a quality landscaping outcome)



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Construction Hours E13. Building construction and works must be restricted to within the hours of 7.00 am to

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

Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

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

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

c) “Excavation work” means the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

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

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

expectations of residents and the community) Out of Hours Work Permits E14. Where it is necessary for works to occur outside those hours allowed by these

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

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

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

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



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

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

reasons within normal working hours.

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

schedule. 5) Further information on permits can be obtained from the Council website at

www.northsydney.nsw.gov.au.

(Reason: To ensure that works do not interfere with reasonable amenity expectations of residents and the community)

Installation and Maintenance of Sediment Control E15. Erosion and sediment controls must be installed and maintained at all times in

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


erosion from development sites) Sediment and Erosion Control Signage E16. A durable sign, must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.


erosion from development sites)


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September 2013 v1

Site Amenities and Facilities E17. Where work involved in the erection and demolition of a building is being carried out,

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

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

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

site) Health and Safety E18. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

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

site) Prohibition on Use of Pavements E19. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)

Waste Disposal E20. All records demonstrating the lawful disposal of waste must be retained and kept

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



September 2013 v1

Asbestos Removal E21. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence and removal must be carried out in accordance with National Occupational Health and Safety Commission. (Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements) Service adjustments

E22. 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 applicant/developer’s 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)

F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a principal contractor is required to be

appointed:



September 2013 v1

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.

2) If arrangements for doing residential building work are changed while the work is in progress such that the information submitted to Council in accordance with this conditions is out of date, work must cease and no further work may be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

Note: A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

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

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

Construction Certificate

F4. Building work, demolition or excavation in accordance with the development consent must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.

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

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



September 2013 v1

Occupation Certificate

F5. A person must not commence occupation or use of the whole or any part of a new building (new building

includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory) Excavation/Demolition F6. 1) All excavations and backfilling associated with the erection or demolition of a

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

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

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

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

AS2601- Demolition of Structures.

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

Site Sign F7. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited;

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

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

Certifying Authority for the work.

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

(Reason: Prescribed - Statutory)



September 2013 v1

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

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

of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)

Certification - Civil Works G2. An appropriately qualified and practicing Civil Engineer must certify to the Certifying

Authority that the vehicular crossing and associated works and road works were constructed in accordance with this consent and any approval for works in the road reserve issued by the Council. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority), upon completion of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

Damage to Adjoining Properties G3. All precautions must be taken to prevent any damage likely to be sustained to

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

(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G4. All utility services shall be adjusted, to the correct levels and/or location/s required by

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

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



September 2013 v1

Notification of New Address Developments G5. Prior to any Occupation Certificate being issued, the person acting upon this consent

must comply with the following: -

(a) Notify Australia Post of the address(es) as issued by Council and the location in plan form of any secondary, internal addresses, in relation to built public roads. Check Australia Post Website (www.auspost.com.au) to find your nearest Australia Post Delivery Facility.


complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Asbestos Clearance Certificate G6. For building works where asbestos based products have been removed or altered, an

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

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

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

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

safe for occupation and will pose no health risks to occupants) Height G7. Upon completion of the works and prior to the issue of any Occupation Certificate the

RL of the development measured at the roof ridge of the second floor/roof terrace addition must be surveyed and certified by an appropriately qualified and practising surveyor as compliant with the maximum approved level RL 83.68 AHD). This survey and certification must be submitted to the Certifying Authority with the application for an Occupation Certificate and a copy provided to Council (if it is not the Certifying Authority).

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


http://www.auspost.com.au/�


September 2013 v1

Sydney Water G8. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. .

The final Section 73 Certificate must be submitted to the Certifying Authority prior to release of any linen plan for subdivision or prior to occupation of the development, whichever is the earlier. The Section 73 Certificate must be submitted to the Certifying Authority prior to the issue of the Strata Certificate. [Delete as appropriate]

Notes: Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au\customer\urban\index, or telephone 13 20 92. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. (Reason: To ensure compliance with the statutory requirements of Sydney

Water)

BASIX Completion Certificate G9. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate) House Numbering (Dwellings) G10. Prior to any Occupation Certificate being issued an application must be made to North

Sydney Council for written confirmation, or allocation, of the street address(es) or apartment number(s) for the completed project in accordance with Council's Property Addressing Policy. These are the numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2011.


complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties.)



September 2013 v1

Landscaping G11. The landscaping shown in the landscape plans DA.24(C) Landscaping No.48 and

DA.25(C) Landscaping No.50, dated 5/9/14, prepared by Graham Reynolds and received by Council on 5/9/14 must be maintained as far as is practicable and any replacement/replenishment plantings required in condition C17 Amendments to the Landscape Plans must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) Damage to Adjoining Properties G12. On completion of the development the subject of this consent and prior to the issue of

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

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

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

result of the development; c) the nature and extent of works required to rectify any damage caused to the

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

adjoining property as a result of the development; and e) the nature and extent of any agreements entered into for rectification of any

damage caused to the adjoining property as a result of the development.

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

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

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

possible)



September 2013 v1

I. On-Going / Operational Conditions Single Occupancy I1. Nothing in this consent authorises the use of each of the semi-detached dwellings

other than for single occupancy.

(Reason: To ensure compliance with the terms of this consent) J. Prior To the Issue of Any Subdivision Certificate (Land/ Torrens/ Stratum) Registered Plans (Land/Torrens/Stratum) J1. The applicant must submit to Council’s documentary evidence that the subdivision

has been registered and the lots exist prior to the issue of an Occupation Certificate. The use of the premise must not commence until the documentary evidence has been submitted to and approved by Council. (Reason: To ensure that the allotments of land are created prior to the

commencement of the approved use.) Subdivision Certificate J2. A subdivision certificate that authorises the registration of a plan of subdivision at the

NSW Land and Property Information Office must be obtained. The following must be submitted to Council with any application for a Subdivision Certificate:

a) the original plans of subdivision and administration sheets plus two (2) copies

of each, and any original 88B instrument to be endorsed, all enclosed in a protective cardboard tube (to prevent damage during transfer);

b) 2 additional copies of both the plans and any 88B instrument for submission to

Customer Services and records for electronic database scanning and copying;

c) Application for Subdivision Certificate form duly completed with payment of fee current at lodgement;

d) Written evidence that all applicable conditions of consent to be satisfied, prior

to issue of the Subdivision Certificate, have been satisfied (including submission of all required certificates and the like); and

e) All other information required by the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

NOTES: 1) Council will check the consent conditions on the relevant subdivision consent.

Failure to submit the required information will delay endorsement of the plan of subdivision, and may require payment of rechecking fees.



September 2013 v1

2) Plans of subdivision and copies must not be folded. 3) Council will not accept bonds in lieu of completing subdivision works. (Reason: To ensure compliance with relevant legislative requirements and

maintenance of up to date Council records) Sydney Water Compliance Certificate J3. A section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained prior to the release of a subdivision certificate.

The Section 73 Certificate must be submitted to the certifying authority or North Sydney Council with the documentation to enable the issue of the Strata Certificate.

Notes: Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au\customer\urban\index, or telephone 13 20 92. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. (Reason: To ensure compliance with Sydney Water requirements)

Services within Lots

J4. A report must be provided by a Registered Surveyor certifying that all services (including but not limited to stormwater drainage, gas, electricity, telephone cable) as constructed or to be constructed are/will be contained within each lot or within the necessary easements to accommodate such services. The report must be submitted to the Certifying Authority for approval prior to the issue of any Subdivision Certificate.

(Reason: To ensure adequate servicing of the development)


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

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

North Sydney Council

70

80

90

80

80

70

70

70

80

60

60

70

50

60

60

83.2

84.8

90.0

97.0

100.2

97.1

97.2

98.6

96.7

95.2

98.7

93.3

90.2

94.1

94.8

94.8

99.2

96.9 97.2

80.480.4

82.8

80.882.9

81.581.2

80.679.6

82.3

78.6

87.1

82.7

89.5

90.8

88.2

89.8

94.6

85.8

87.2

80.3

87.2

87.5

89.5

88.0

80.1

82.5

88.4

79.4

77.6

82.0

80.3

80.8

78.8

77.9

82.5

81.8

79.2

81.3

82.2

76.9

78.1

81.3

73.9

76.1

81.8

80.7

83.9

85.0

82.1

85.8

85.4

77.2

78.2

80.1

82.1

81.4

81.5

68.6

71.9

74.1

74.4

75.5

79.9

79.6

69.9

66.9

77.7

77.2

77.3

77.5

80.0

76.7

76.7

80.9

80.4

70.8

69.4

73.6

69.8

69.4

71.0

82.4

72.7

77.4

76.774.6

72.7

74.2

75.6

74.4

76.8

75.2

72.8

71.0

71.0

68.3

70.7

71.5

72.9

70.7

78.4

79.7

78.7

79.3

70.1

74.5

76.0

70.4

72.2

77.8

74.3

80.5

78.6

70.7

75.9

50.6

54.659.6

60.561.0

60.7

53.4

52.6

50.5

61.0

72.0

61.6

70.2

68.170.2

69.7

72.2

68.3

67.6

56.8

55.1

53.9

65.5

66.6

66.2

69.2

67.0

63.0

70.1

69.7

70.8

71.8

72.2

74.7

67.9

74.1

60.3

64.3

67.8

67.5

72.3

71.3

71.249.2

68.0

65.1

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RESERVE

65

63

61

59

57

48

46

44

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7-9

51

53

58

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16

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40-42

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52

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5

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55

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2

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37

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29

31

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DRAINAGE RESERVE

772502

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55

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SP 2258

SP 11588

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0

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9

7

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DRAINAGE RESERVE

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Sec 3

Sec 3

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Sec 2

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326664

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1

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18982

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18

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SP 69516

SP 15037

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SP 19781

SP 18287

SP 15394

SP 14195

SP 8719

SP 12919

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SP 138

62

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SP 886

23

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SP 87270

SP 3

355

SP 10677

SP 32170

SP

4172

SP 12220

SP 3762

SP

3524

SP

3580

SP 125

3

SP

34511

SP 1195

SP 64339

SP 327

5

SP

136

SP 3067

SP 13981

SP 761

SP

3510

SP 21145

SP 10742

772367

1115017

587184

7354

418

17640

8688

339128

5409

82

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22

557414

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1041055

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1012570

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862075

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441699

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SP 472

SP 673

SP 12299

2

7

19

SP

62795

SP 191

91

SP 12537

840673

501480

2

SP

3885

719092


For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

TRANPLAN (TP)

SYDNEY TOWN PLANNERS

909 860 | W: www.townplanning-‐urbanplanning.com

48-‐50 Bay Road Waverton| North Sydney Council

TP Sydney Town Planner | Planning & Heritage Consultant | M: 0400 909 860 | W: www.townplanning-‐urbanplanning.com

© 2014 – All Rights Reserved

REQUEST FOR VARIATION

Proposed Subdivision Into 2 Allotments, Alterations and Additions to Two Dwellings With Additional Parking

48-50 Bay Road, Waverton

prepared by TP Sydney Town Planners

for Kathryn McLean

June 2014

ATTACHMENT TO IPP06 - 03/12/2014 Page 85

TRANPLAN (TP)






This is a Clause 4.6 request for variation to the height of buildings control under Clause 4.3 of North Sydney Local Environmental Plan 2013 (NSLEP 2013) in support of the development application for subdivision into two allotments, and alterations and additions to two dwellings with additional parking at 48-50 Bay Road, Waverton.

The objectives of Clause 4.3 are stated thus:

(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient

(b) to promote the retention and, if appropriate, sharing of existing views,

(c) to maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access for future development,

(d) to maintain privacy for residents of existing dwellings and to promote privacy for residents of new buildings,

(e) to ensure compatibility between development, particularly at zone boundaries,

(f) to encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area.

Under the provisions of Clause 4.3 of NSLEP 2013, the subject site has a maximum height control of 8.5m to the highest point on the roof.

Clause 4.6 of NSLEP 2013 provides flexibility in the application of development standards in particular circumstances, and is stated as follows:

Exceptions to development standards

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.


TRANPLAN (TP)






(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening

the development standard. (4) Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters

required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.

(5) In deciding whether to grant concurrence, the Director-General must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and

(b) any other matters required to be taken into consideration by the Director-General

before granting concurrence.

(6) …etc (remaining subclauses are not relevant to the current request for variation).


TRANPLAN (TP)






Height Development Standard and Extent of Non Compliance

Under the provisions of Clause 4.3 of NSLEP 2013, the subject site has a maximum height control of 8.5m to the highest point on the roof. The existing building is a three-storey brick residence that has a maximum overall height of 10.07m. The third storey consists of a pitched roof falling to the east and west boundaries from a central point. The roof covers a living space with the remaining area on the third level being a roof terrace surrounded by a parapet wall. No. 50 also has a shed on the western boundary of the roof terrace with a 10.07m height overall.

The proposed development extends the roof by 2.9m toward the eastern and western boundaries, maintaining the current pitch of the roof. The proposal will result in no change to the existing height of the building. The roof is contained within the existing parapet walls of the roof terrace and is setback 3.7m and 3.2m from the boundary at No. 48 and No. 50, respectively.

Why Compliance With the Development Standard is Unreasonable or Unnecessary in the Circumstances of the Case

Compliance with the maximum height standard is unreasonable and unnecessary in the circumstances of the case, for the following reasons:

• The height non-compliance is existing. The subject application will result in no change to the height, bulk or scale of the existing building.

• The area of noncompliance is well setback from the boundary. As discussed above, the roof is setback 3.2m and 3.7m from the boundary at No. 48 and No. 50, respectively. These setbacks minimize the bulk and scale of the development.

• The proposal is well designed. As discussed in the Statement and Engineer Report submitted with the application, some parts of the building are in a dilapidated state and pose a safety risk to residents. The proposal will upgrade the existing building, enhance the amenity of the site and surrounding area, and incorporate materials and colours that are sympathetic to the heritage character of the locality. The extension of the roof line will add symmetry to the building when viewed from Bay Road with the removal of the shed and the convergence of both sides to the same point.

• There will be no unreasonable amenity impacts. There will be no unreasonable amenity impacts upon neighbouring properties in terms of overshadowing, visual and acoustic privacy or views as a result of the proposal. In particular it is noted that there is no neighbour to the eastern side, and the western neighbour’s roofline is below the parapet height.


TRANPLAN (TP)






For these reasons, a requirement for compliance with clause 4.3 of NSLEP 2013 would be unreasonable and unnecessary.

Environmental planning grounds justifying non-compliance with the development standard Clause 5 of the Environmental Planning and Assessment Act, 1979 sets out the objects of the Act. The particular objects of the Act that are of relevance to this Request for Variation are:

• Object (i) “[To encourage] the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment” • Object (ii) “[To encourage] the promotion and co-ordination of the orderly and economic use and development of land” • Object (vii) “[To encourage] ecologically sustainable development”

Strict compliance with the height standard will hinder the attainment of the objects of the Act for the following reasons:

• The development has been designed sympathetically to, and will enhance the amenity and streetscape character of, the site and locality. The proposal has also been designed to preserve visual and acoustic privacy, and will have minimal amenity impacts upon surrounding development. The proposal is also environmentally responsive, and satisfies all BASIX requirements. As such, prohibiting the development due to non compliance with the height standard would undermine the “social and economic welfare of the community and a better environment” as it would prevent the construction of a well designed, contextually responsive and environmentally sustainable development catering for the reasonable needs and aspirations of the present occupants.

• Prohibiting the development would also discourage the “the promotion and co- ordination of the orderly and economic use and development of land” and “ecologically sustainable development.”


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Conclusion

Having regard to the aforementioned reasons, it is considered that the development standard under Clause 4.3 of NSLEP 2013 can be varied because strict compliance with the control would be unnecessary and unreasonable in the circumstances of the case and because there are strong environmental planning grounds to justify the proposed non- compliance. Therefore, refusal of the development application on this basis is unwarranted.
