no rt h s y dne y co unci l re p o rt s€¦ · council on 12 february 2015 . owner: strata plan...

Item _____IPP04______ - REPORTS -______01/04/2015_________

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

NSIPP MEETING HELD ON 01/04/2015

Attachments: 1. Site Plan

2. Submissions ADDRESS/WARD: 1 Bay View Street, Lavender Bay (V) APPLICATION No: DA 379/14 PROPOSAL: Landscape Works, Construction of Pool Fencing and New

Barbeque Area to Common Property of an Existing Residential Flat Building

PLANS REF: Landscape Master Plan, Drawing numbered L/01, Revision D,

drawn by A Total Concept Landscape Architects, and received by Council on 12 February 2015

OWNER: Strata Plan 16307 APPLICANT: A Total Concept Landscape Architects AUTHOR: Jonathan Archibald DATE OF REPORT: 23 March 2015 DATE LODGED: 28 October 2014 AMENDED: 12 February 2015 RECOMMENDATION Approval

Report of Jonathan Archibald, Assessment Officer Re: DA379/14 – 1 Bay View Street, McMahons Point.

EXECUTIVE SUMMARY This development application seeks Council’s approval for Landscape Works, Construction of new Pool Fencing and Barbeque Area to Common Property of an existing Residential Flat Building at 1 Bay View Street, Lavender Bay (SP16307). The application is reported to NSIPP as the proposal attracted a number of submissions during the notification period, requiring determination by the North Sydney Independent Planning Panel. The application was required to be notified during the period 7 November 2014 to 21 November 2014, pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period Council received six (6) individual submissions from three (3) separate properties, with concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping and pool fencing detail. Revised plans submitted to Council on 13 February 2015were re-notified to objecting parties during the period 27 February 2015 to 13 March 2015. During this period a further six (6) submissions were received from two (2) separate properties, with ongoing concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping and boundary fencing detail. The Panel is advised that the application has been submitted with the required Strata Seal and is considered to be valid owners consent. The application has been lodged lawfully in accordance with the NSW Environmental Planning and Assessment Regulation 2000, and contains sufficient information in order to undertake a full and proper assessment of the application. With regard to concerns relating to amenity, the application has been assessed against the North Sydney Development Control Plan 2013, and is considered to be acceptable under the circumstances and will not result in any material view loss, loss of privacy, reduction in security or loss of residential amenity. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions. .

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(R18960-1603) 1

Re:

Property/Applicant Submittors - Properties Notified

1 Bay View Street, Lavender Bay - DA 379/14

Report of Jonathan Archibald, Assessment Officer Re: DA379/14 - 1 Bay View Street, Lavender Bay

DESCRIPTION OF PROPOSAL The proposal seeks to undertake landscape works, construction of new pool fencing and barbeque area to areas of common property at 1 Bay View Street, Lavender Bay (Strata Plan 16307). The submitted Statement of Environmental Effects provides a breakdown of works which includes:

• Replacement and extension of paving to existing open space area to east (rear) of property;

• Provision of swimming pool fencing (part glass, part steel tube fencing);

• Removal of existing barbeque and servery and construction of masonry and timber

barbecue and servery on northern side of existing swimming pool;

• Reconstruction of timber retaining wall to northern (side) boundary;

• Construction of two timber decks to east (rear) of property;

• Re-construction of timber access steps to lower foreshore area, including associated pool filter box.

• Provision of additional planter boxes to northern access path;

An extract of submitted plans is provided below:

Figure 1: Extract of Submitted Site Analysis Plan


Figure 2: Extract of submitted Landscape Master Plan.

Figure 3: Extract of Submitted Elevation A


Figure 4: Extract of Submitted Section A

STATUTORY CONTROLS North Sydney Local Environmental Plan 2013

• Zoning – R4 High Density Residential • Item of Heritage - No • In Vicinity of Item of Heritage – Yes I0314 (Local Item, Seawall) • Conservation Area - No • FSBL – Site burdened by FSBL (proposed works to be clear of FSBL)

Environmental Planning & Assessment Act 1979 SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS North Sydney Development Control Plan 2013 DESCRIPTION OF LOCALITY The site is identified as 1 Bay View Street, McMahons Point (16307). The site is irregular in shape, with existing development on the site comprises an eight storey apartment building containing 22 units, including internal multi level parking and driveway to Bay View Street. The site is accessible via a private driveway from Bay View Street only.


Figure 4: Aerial view of subject site. Source: Sixmaps.nsw.gov.au (Accessed 19 March 2015)

Figure 5: Enlarged aerial view of subject site. Source: Nearmap.com.au (Photo taken 12 June

2014, Accessed 19 March 2015) The site is zoned R4 – High Density Residential, with surrounding development to the south and west consisting of other established residential flat buildings consistent with the high density zoning. Development to the North is generally characterised by large single dwellings containing foreshore frontages. The site is not identified as a heritage item nor located within any conservation area, however is


within vicinity to Local Heritage Item numbered I0314, being the Lavender Bay Seawall against Sydney Harbour to the north east and south east of the site. The site is also within the vicinity of the Sydney Harbour Foreshore Building Line (FSBL), however proposed works are to be clear of this zone. Please refer to an extract of NSLEP2013 Zoning, Heritage and Foreshore Building Line maps below:

Figure 6: Extract of NSLEP2013 Zoning Map

Figure 7: Extract of NSLEP2013 Heritage Map

Figure 8: View of existing swimming pool and

rear common property and garden areas.

Figure 9: View of existing swimming pool and rear

common property and garden areas.


Figure 10: View of existing swimming pool and rear common property and garden areas.

Figure 11: View of existing rear common property

and garden areas.

Figure 132 View of rear of site from common

property lower foreshore area.

Figure 13: View of rear of site from common

property lower foreshore area.


RELEVANT HISTORY

Subject Site

A review of Council records indicates the following recent relevant development approval history for the subject site: Development Application

Description of Works

DA43/04 DA43/04 was lodged on 28 January 2004 seeking approval for replacement of balustrades on 9 balconies, being units numbered three (3), four (4), eight( 8), eleven (11), fourteen (14), fifteen (15), seventeen (17), eighteen (18) and twenty two (22). The application was approved under delegated authority on 25 March 2005, subject to conditions. A subsequent modification to Development Consent 43/04, known as DA43/04/2 was lodged on 7 June 2005 seeking to include replacement of balustrades on additional units numbered nineteen (19) and twenty (20). This modification was approved under delegated authority on 13 July 2005, subject to conditions. A further modification to Development Consent 43/04, known as DA43/04/3 was lodged on 3 March 2006 seeking replacement of level five (5) common area balustrades to a frameless glass design. This application was approved by Council under Delegated Authority on 14 March 2006, subject to conditions.

DA411/08 DA411/08 was lodged on 15 September 2008 seeking approval for Upgrading of

entry points from Bay View Street, including gates, stairs and letterbox area, new entries with awnings to building and new front fence. This application as approved by Council, subject to conditions on 27 October 2008. A subsequent modification to development consent 411/08, known as DA411/08/2 was lodged on 22 September 2009, seeking alteration to awning design, and was approved by Council on 22 October 2009.

Surrounding Sites

A review of Council records indicates the following relevant recent development history for surrounding sites:

3 Bay View Street, Lavender Bay

DA215/01 was lodged on 3 July 2014 seeking approval for demolition of the existing dwelling and construction of a partial demolition, alterations and additions to an existing dwelling including landscaping, drainage, associated works and restoration of the existing sea wall. To date this application has also been referred to The Panel for determination.

Subject Application

Relevant to assessment of the application, the following important dates are noted: • 28 October 2014 – Subject Application lodged with Council;


• 21 November 2014 – Application notified during the period 7 November 2014 to 21

November 2014, pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period Council received six (6) individual submissions from three (3) separate properties, with concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping, boundary fencing detail, and integrity of retaining wall on the boundary of adjoining property 33 East Crescent Street, McMahons Point.

• 10 December 2014 – Council Site Inspection Undertaken;

• 15 December 2014 – Additional Information letter issued to applicant requesting clarification of owners consent concerns and confirmation of swimming pool fencing demonstrating compliance with relevant provisions under the Building Code of Australia/National Construction Code and requirements under the Swimming Pools Act 1992.

• 5 February 2015 – Additional Information letter issued to applicant granting final seven (7) days to submit requested information outlined above;

• 13 February 2015 – Additional information submitted to Council;

• 13 March 2015 – Application (as amended) re-notified to objecting parties during the period 27 February 2015 to 13 March 2015. During this period a further six (6) submissions were received from two (2) separate properties, with ongoing concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping and boundary fencing detail.

REFERRALS Building The proposal was reviewed by Council’s Building Department who have advised that all works would have to comply with the Building Code of Australia, and recommended imposition of standard conditions to be imposed to ensure compliance with pool fencing for the site. Landscaping The proposal has been considered by Council’s Landscape Officer who has advised that the proposed works would not unreasonably affect any existing trees within the site, subject to compliance with Council’s Standard condition for tree protection during works.


SUBMISSIONS The application was required to be notified during the period 7 November 2014 to 21 November 2014, pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period Council received six (6) individual submissions from three (3) separate properties, with concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping, boundary fencing detail, and integrity of retaining wall on the boundary of adjoining property 33 East Crescent Street, McMahons Point. Further to revised plans submitted to Council on 13 February 2015, the application (as amended) was re-notified to objecting parties during the period 27 February 2015 to 13 March 2015. During this period a further six (6) submissions were received from two (2) separate properties, with ongoing concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping and boundary fencing detail. An extract of submissions is provided below, with a discussion of matters contained further within this report. It is noted that the majority of submissions are from within the Strata Plan. Basis of Submission

• Loss of privacy and reduced security from proposed timber decking component; • Potential for loss of view should privacy screening features be implemented or provision of pool

furniture and seating be used on site; • Lack of consultation prior to lodgement of application; • Preservation of date palm tree; • Non-compliance with landscaped Area provisions within the NSDCP2013.

Note: Two (2) individual submissions.







• Lack of consultation prior to lodgement of application; • Loss of privacy and reduced security; • Loss of View • Potential for endangerment/preservation of date palm tree;


• Non-compliance with NSW Swimming Pools Act 1992; • Scope of works outside of common property/encroachment on private property; • Hours of Operation of Barbeque Area

Note: Three (3) individual submissions.

• Lack of consultation prior to lodgement of application; • Loss of privacy and reduced security; • Loss of existing vegetation; • Loss of view; • Potential for endangerment/preservation of date palm tree;

Note: Two (2) Individual submissions.

• Loss of privacy; • Lack of detail of proposed pool fencing; • Structural integrity of retaining wall to adjoining property 33 East Crescent Street,

McMahons Point. Note: One (1) Individual Submission. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP 2013 as indicated in the following compliance tables. More detailed comments with regard to the major issues are provided later in this report. Permissibility within the zone: The subject site is zoned R4 – High Density Residential pursuant to the North Sydney Local Environmental Plan 2013. Development for the purpose of additions and alterations (including landscaping works) to a Residential Flat Building is permissible within the zone, however requires development consent. Zone Objectives The objectives of the R4 – High Density Residential Zone are as follows:

• “To provide for the housing needs of the community within a high density residential environment.

• To provide a variety of housing types within a high density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day

needs of residents.


• To encourage the development of sites for high density housing if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area.

• To ensure that a reasonably high level of residential amenity is achieved and

maintained.” The proposal for alterations and additions to the existing dwelling house has been assessed against the relevant development standards and design controls and is considered to result in a development which would be considered acceptable with regard to the objectives of the R4 – High Density Residential zone. NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area - 3032m² Proposed Control Complies Clause 4.3 (2) – Heights of Building

• 2.4m, being the proposed stair balustrade to lower foreshore area.

12.0m Yes

Building Heights The proposal seeks replacement of landscaping at the site including ancillary structures of pool decking, stairs and fencing at the site, with a maximum height of 2.4m (being the proposed stair balustrade to lower foreshore area) and therefore complies with maximum height provisions of 12.0m for the site pursuant to Clause 4.3(1) of the North Sydney Local Environmental Plan 2013. Suspensions of Covenants, agreements and similar instruments Lot 22 of the site is burdened by the following Terms of Right of Footway pursuant to Strata Plan 16307, with benefiters being common property for the site:

“Full and free right for every person who is authorised by the proprietors of Strata Plan No. 16307 to go pass and re-pass at all times for the purposes of gaining access to that portion of the common property on level 5 of the said plan as is shown on the said plan as “electrical” with tools or implements or machinery necessary or desirable for the purposes of carrying out any works necessary or desirable to be carious out on the aforementioned portion of the common property shown as “electrical” provided that all persons exercising the rights conferred by this easement will take all reasonable precautions to ensure that as little disturbance and/or inconvenience as possible is caused to the quiet enjoyment of the servant tenement by the registered proprietor thereof and/or those claiming title through him.”

Comment: Proposed works are not located within, nor will impede the terms of Right of Footway and is therefore satisfactory in this instance. An extract of Strata Plan 16307, outlining common property and tenancy boundaries is provided below. Please refer to an extract of this Plan, including 88B instrument, attached to this report.


Figure 14: Extract of Strata Plan 16307.

Figure 15: Extract of Level 1 of Strata Plan 16307.


Figure 16: Extract of Level 1 Garden Space of Strata Plan 16307.

Heritage Conservation The site is located within close proximity to Local Heritage Items numbered I0314, being the Lavender Bay Seawall against Sydney Harbour to the north east and south east of the site. The site is not located within a Conservation Area. Proposed works are not within the vicinity of these heritage items and the proposal is considered consistent with the provisions of Clause 5.10 of the North Sydney Local Environmental Plan 2013. Development within the Foreshore Building Area The proposal seeks reconstruction of existing access stairs and pool fencing which would encroach on the Foreshore Building Line pursuant to Clause 6.9 of the North Sydney Local Environmental Plan 2013. It is noted that pursuant to Clause 6.9(2)(a), that development for the purposes of ‘extension, alteration or rebuilding of an existing building’ is permitted, subject to development consent, and that pursuant to Clause 6.9(2)(c), development for the purposes of (however not limited to) waterway access stairs, swimming pools and associated fencing is also permitted within the foreshore area, subject to development consent. Given the proposal seeks reconstruction of existing stairs, paving, at grade decking and provision


of pool fencing required under the NSW Swimming Pools Act 1992 and AS1926.2-2007, the application has been reviewed against relevant criteria under Clause 6.9(3), is considered acceptable under the circumstances. NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013. Lavender Bay Planning Area (McMahons Point Neighbourhood) The application has been assessed against the relevant controls in the North Sydney Development Control Plan 2013. North Sydney Development Control Plan 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments 1.3 Environmental Criteria Foreshore Frontage

Yes The site does holds a direct boundary frontage to the foreshore, however proposed works will not impact or impede existing access arrangements to the foreshore, including the public access via right of carriageway arrangements across and through Lot 1 DP 16307. The proposal does not seek removal of any vegetation or any foreshore structures and is therefore considered compliant with controls contained within Clause 1.3.4 of the NSDCP2013.

Views Yes

The site holds significant views over Lavender Bay and Sydney Harbour with landmarks including the Sydney Harbour Bridge, Sydney Opera House and Luna Park. Part 1.3.6 of the North Sydney Development Control Plan 2013 provides the following objectives for Views:

• “To protect and enhance opportunities for vistas and views from streets and other public places.

• To encourage view sharing as a means of ensuring equitable access to views from dwellings, whilst recognising development may take place in accordance with the other provisions of this DCP and the LEP.”

The proposal includes general landscaping, refurbishment and reconfiguration of the existing common property areas to the rear of the site, however does not seek any change to dimension of existing common property dimensions under Strata Plan 16307. Reference is made specifically to the proposed pool fencing and barbeque/servery components, with concerns raised during the notification period relating to view loss from provision or relocation of these structures. In addition to these physical structures, concern has also been raised that reconfiguration of the barbeque area to the Northern side of the common property area would result in the recreational use of areas not otherwise possible under the current landscaping arrangement, of which would hold the potential for loss of view and/or reduction of residential amenity to ground floor tenancies.

Pool Fencing

It is anticipated that provision of pool fencing at the site will result in some minor view obstruction to ground floor apartments, irrespective of location, given that no pool fencing currently exists at the site. Given concerns raised during the initial notification period regarding pool fencing location and residential amenity concerns, clarification was sought with the applicant in Council’s letter 15 December 2014. Further to revised documentation submitted to Council on 13 February 2015, the proposed pool fencing location has not been altered. It is noted that while the NSW Swimming Pools Act 1992 provides certain concession for waterfront properties to not require pool fencing (Part 10(2) of the Act), should pool fencing be proposed, as is sought under the current application, that all fencing must be constructed to comply with current requirements under the act and relevant Australian Standards. Additionally, Part 10(5) of this Act provides that this concession “ceases to apply in respect of a swimming pool if a barrier is erected on the premises (between the swimming pool and a residential building) as a barrier to direct access to the swimming pool from any residential building situated on the premises.” Accordingly, the proposal has been reviewed by Council’s Building Department, who advised that for the purposes of the subject Development Application, that pool fencing notation on submitted plans (as amended) would comply with relevant Australian Standards, however that additional detail (i.e. Location of locks, fixtures, non-climbable points etc.) would required to be clarified


prior to issues of any Construction Certificate. With respect to concerns relating to loss of views at the site, it is noted that proposed pool fencing abutting affected ground floor tenancies is to be constructed of frameless, transparent glass designed to mitigate view impacts and is considered acceptable under the circumstances, including against relevant view objectives and provisions contained within Part 1.3.6 of the NSDCP2013. Proposed boundary pool fencing, including lower foreshore fencing is not anticipated to be visible from ground floor units or areas of common property given topography at the site.

Barbeque/Servery Structure and Area

In addition to pool fencing matters, the proposal seeks provision for barbeque/servery, and associated at grade timber deck/landing located to the northern boundary of the site. This proposed area is in place of an existing barbeque area currently located to the southern boundary of the site. Submitted plans indicate this barbeque structure to have a total height of 1.0m, and to be located within proximity to, and under the canopy of, an existing large date palm tree, and abutting foreshore access stairs to the east of the common property area. Given the location of this structure against the northern boundary, approximately 1.5m beyond the existing building line, against existing significant vegetation (to be retained) and abutting the reconstruction of existing access stairs, the proposed barbeque is not anticipated to result in any view loss at the site. While it is noted concerns relating to the increased ‘use’ and traffic-ability of this common property area against the existing layout, it must be noted that applicable view related planning controls and principles relate to structures only, and that use of common property for recreation, as intended, and as current site circumstances permit, will not result in any material view loss to ground floor tenancies. The proposal is therefore considered acceptable with regards to View provisions contained within Part B Section 1.3.6 of the NSDCP2013. Solar Access

Yes The proposal seeks replacement of landscaping, existing access stairs, paving and pool fencing at the site will not to result in any loss of solar access to surrounding properties when assessed against section 1.3.7 of the NSDCP2013.

Acoustic Privacy

Yes The proposal seeks replacement of landscaping, existing access stairs, paving and pool fencing at the site will not result in acoustic privacy impacts when assessed against section 1.3.8 of the NSDCP2013.

Visual Privacy

Yes Part 1.3.10 of the North Sydney Development Control Plan 2013 provides Visual Privacy objective “To ensure that existing and future residents are provided with a reasonable level of visual privacy”. It is noted that the NSDCP2013 does not includes visual privacy provisions relating to general landscaping, other that for provision of screen planting. Additionally, while the NSDCP2013 provisions relate to the limiting of the size and location of deck (or other similar) structures, it is noted that while the proposal includes timber decking components, that these are to be constructed at grade, to largely replace existing paved areas. While the proposed deck attached to the barbeque/server area will occupy additional trafficable space when compared to existing landscaping at the site, this area is to be located northward beyond the existing building line and against significant vegetation to be retained, this area is required in order for the revised stair access and is not anticipated to result in any loss of visual privacy at the site. Further to View matters contained within this report, and while it is noted concerns relating to the increased ‘use’ and traffic-ability of this common property area against the existing layout, it is again noted that applicable use of common property for recreation, as intended, and as current site circumstances permit, is not anticipated to result in any material loss of visual privacy to ground floor tenancies, consistent with objectives contained within part 1.3.10 of the NSDCP2013.

1.4 Quality built form Context The proposal seeks replacement of landscaping, existing access stairs, paving and pool fencing at the

site is therefore considered in context with the subject building and surrounding development patterns when reviewed against section 1.3.8 of the NSDCP2013.


1.5 Quality Urban Environment Site Coverage No Change Given the large scale and irregular nature of subject site, exact site coverage details are unable

to be obtained. It is noted however that the proposal seeks no alteration to existing building envelope at the site of approximately 1169sqm, excluding driveway areas, from a total site area of 3032m, and the proposal will not result in any alteration or increase to site coverage provisions at the site.

Landscape Area

No See comments below:

As per the submitted Statement of Environmental effects, the proposed development does not meet the specific numerical requirements regarding landscaping contained within Part 1.5.6 of the NSDCP2013.

“Site Calculations Site Area 3032.0m2 Required Minimum Landscape Area (40%) 1212.8 m2 Proposed Landscaped Area 1072.8 m2 Existing Landscaped Area 1070.6 m2”

Further to site coverage matters outlined above, given the large scale and irregular nature of the subject site, and the detail of submitted documentation relating specifically to the lower portions of the site, that exact landscaped area dimensions are unable to be obtained. Despite the above non-compliance, it is noted that the submitted Statement of Environmental Effects indicates that proposed works will result in a benefit of approximately 2.2sqm over the existing non-compliant state (as per submitted calculations), being somewhat negligible against the total area of the site of 3032.0sqm. It is noted that proposed works seek only a minor enlargement of deck footprint towards the Northern boundary, however given the established nature significant scale and topography of the existing foreshore Residential Flat Building, that full compliance with Site Coverage, Landscaped Area and Un-Built Area provisions contained within Parts 1.5.5 and 1.5.6 of the NSDCP2013 would be unreasonable and unnecessary under the circumstances. Landscaping Yes (Subject to Condition) See comments below:

The proposal seeks refurbishment of existing common property areas, including general retention of existing landscaping at the site. The proposed however includes partial removal and adjustment of landscaping to the north of the site, to accommodate provision of the barbeque/servery area and foreshore access stairs, however to be offset by additional planting to the southern boundary, given the removal of the existing barbeque unit, and provision of additional planting to the northern access path. Further to matters raised during the notification period, concern has been raised however relating to the location of the proposed barbeque/server area within close proximity to an existing large date palm tree to the northern boundary of the site, with a proposed minimum setback of approximately 400mm from the base of this tree (as per the submitted Landscape Master Plan). The application has not been submitted with any Arborist report or arboricultural assessment, however further to revised documentation submitted 13 February 2015, in response to submissions has provided that

“The proposed works adjacent to the palm include removal of existing paving and the provision of timber decking in the place of hard paving. The area surface of timber decking shall be marginally increased compared to the area of existing paving. The substitution of paving for timber decking was in part decides upon to increase the water infiltration to the soil, affording greater viability to the long term survival of the tree” … The impact on the existing tree cause by the proposal is considered minimal. In any event all effort shall be taken to ensure the long term viability of this tree.”

Part 1.5.8(P7) of the NSDCP2013 aims specifically to “Minimise disturbance of natural ground levels, native vegetation and topography in the vicinity of identified significant trees”. With respect to this provision, and with reference to the submission by the applicant, it is considered that to further ensure the maintenance and protection of this existing large date palm tree, that conditions be imposed to require appropriate tree protection measures to be installed and maintained during the courts of works. Additionally, the application has been reviewed by Council’s landscape officer, who responded in support of the proposal, subject to standard conditions. Accordingly, subject to imposition of standard conditions of consent relating to the protection of trees during the course of works, the proposal is considered acceptable with regard to landscaping provisions contained within Part B Section 1.5.8 of the NSDCP2013. Private and Communal Open Space

Yes The proposal provides in excess of minimum private open space requirements (25m2) contained within part B Section 1.5.10 of the NSDCP2013 and is considered acceptable


in this regard.

Swimming Pools Yes The proposal includes provision of a pool filter enclose for thee existing swimming pool, in excess of 6m from habitable rooms of the ground floor units and therefore complies with this condition. Additionally, standard conditions of consent will be imposed requiring all pool fencing works to comply with relevant provisions under the NSW Swimming Pools Act 1992 and relevant Australian Standards. The proposal is therefore considered acceptable with regard to Swimming Pool provisions contained within Part B Section 1.5.11 of the NSDCP2013.

ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision Yes 5. Traffic generation and Carparking provision Yes 6. Loading and Servicing facilities NA 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 SUBMITTERS CONCERNS The application was required to be notified during the period 7 November 2014 to 21 November 2014, pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period Council received six (6) individual submissions from three (3) separate properties, with concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping, boundary fencing detail, and integrity of retaining wall on the boundary of adjoining property 33 East Crescent Street, McMahons Point.


In response to these concerns, revised plans were submitted to Council on 13 February 2015 and the application (as amended) was re-notified to objecting parties during the period 27 February 2015 to 13 March 2015. During this period a further six (6) submissions were received from two (2) separate properties, with ongoing concerns relating to validity of owners consent, loss of privacy, protection of existing vegetation, hours of use of the proposed barbeque area, lack of soft landscaping and boundary fencing detail. Matters raised are provided below:

• Validity of Owners Consent

Concern

Concern has been raised in the submissions regarding the validity of owners consent, and preceding lack of consultation within the Strata Body prior to lodgement of the subject application. Development Application 379/14 was lodged with Council on 28 October 2014, seeking to undertake landscaping and associated works and construction of pool fencing to areas of common property at the site, being 1 Bay View Street, McMahons Point. The site is contains an existing eight storey apartment building containing 22 units under the ownership of Strata Plan16307. The common seal stamp of the Owners Corporation of Strata Plan 16307 has been applied to the DA form and a resolution adopted for the proposed works in common property at the Extraordinary General meeting for Strata Plan 16307, held 6:00pm Tuesday 2 September 2014 Council may therefore be reasonably satisfied that the lodgement of the development application has been accompanied by the relevant owner's corporation consent for works that are within the common property areas of the site. For the avoidance of doubt, a condition is recommended to require that the proposed works be wholly contained within the Common Property areas of the strata plan. In the event of dispute between the separate owner's of and the body corporate as to the final form of works in common property, this is matter which must be resolve through Civil proceedings and is outside the jurisdiction of Council.

• Loss of Privacy Comment: Further to notification of the application, concern has been raised relating to loss of privacy from and barbeque/servery components to ground floor units at the subject site. While the proposed deck attached to the barbeque/server area will occupy additional trafficable space when compared to existing landscaping at the site, this area is to be located at grade and northward beyond the existing building line and against significant vegetation to be retained. This is required in order for the revised stair access and is not anticipated to result in any loss of visual privacy at the site. While it is noted concerns relating to the increased ‘use’ and traffic-ability of this common property area against the existing layout, it is again noted that applicable use of common property for recreation, as intended, and as current site circumstances permit, is not anticipated to result in any material loss of visual privacy to surrounding properties

• Loss of View


Comment: During notification of the application concern has been raised relating to loss of view from proposed works, specifically relating to pool fencing and barbeque/servery components.

Pool Fencing

The proposed provision of pool fencing at the site will result in some minor view obstruction to ground floor tenancies, irrespective of location, given no such fence currently exists at the site. Concerns raised regarding the location of pool fencing were raised with the applicant in Council’s letter 15 December 2014, however have not been modified following submission of revised plans 13 February 2015. It is noted that while the NSW Swimming Pools Act 1992 provides certain concession for waterfront properties to not require pool fencing (Part 10(2) of the Act), should pool fencing be proposed, as is sought under the current application, that all fencing must be constructed to comply with current requirements under the act and relevant Australian Standards.. The proposal has been reviewed by Council’s Building Department, who advised that for the purposes of the subject Development Application, that pool fencing notation on submitted plans (as amended) would comply with relevant Australian Standards. With respect to concerns relating to loss of view at the site, it is noted that proposed pool fencing abutting affected ground floor tenancies is to be constructed of frameless, transparent glass at the lower paving level designed to mitigate view impacts. The proposed fencing is considered acceptable under the circumstances, including against relevant view objectives and provisions contained within Part 1.3.6 of the NSDCP2013. Proposed boundary pool fencing, including lower foreshore fencing is not generally visible from ground floor units or areas of common property given topography at the site.

Barbeque/Servery Structure and Area

The proposal seeks provision for barbeque/server structure, and associated at grade timber deck/landing located to the northern boundary of the site. Submitted plans indicate this barbeque structure to have a total height of 1.0m, and to be located within proximity to, and under the canopy of, an existing large date palm tree, and abutting foreshore access stairs to the east of the common property area. Given the location of this structure against the northern boundary, approximately 1.5m beyond the existing building line, against existing significant vegetation (to be retained) and abutting the reconstruction of existing access stairs, the proposed barbeque is not anticipated to result in any view loss at the site. While it is noted concerns relating to the increased ‘use’ and traffic-ability of this common property area against the existing layout, it must be noted that applicable view related planning controls and principles relate to structures only, and that use of common property for recreation, as intended, and as current site circumstances permit, will not result in any material view loss to ground floor tenancies. The proposal is considered acceptable with regards to View provisions contained within Part B Section 1.3.6 of the NSDCP2013.

• Reduced Security

Comment: The proposal seeks replacement of landscaping, existing access stairs, paving and pool fencing at the site and is not considered to reduce security at the site.

• Potential for Endangerment/Preservation of Date Palm Tree;


Comment: Concern has been raised however relating to the location of the proposed barbeque/server area within close proximity to an existing large date palm tree to the northern boundary of the site, with a proposed minimum setback of approximately 400mm from the base of this tree (as per the submitted Landscape Master Plan). The application has not been submitted with any Arborist report or arboricultural assessment, however further to revised documentation submitted 13 February 2015, in response to submissions has provided that

“The proposed works adjacent to the palm include removal of existing paving and the provision of timber decking in the place of hard paving. The area surface of timber decking shall be marginally increased compared to the area of existing paving. The substitution of paving for timber decking was in part decided upon to increase the water infiltration to the soil, affording greater viability to the long term survival of the tree” … The impact on the existing tree cause by the proposal is considered minimal. In any event all effort shall be taken to ensure the long term viability of this tree.”

With reference to the submission by the applicant, the application has been considered by Council’s Landscape Officer who has advised that the proposed works would not unreasonably affect any existing trees within the site, subject to compliance with Council’s Standard condition for tree protection during works, including the subject Date Palm Tree and is considered acceptable under the circumstances.

• Loss of Vegetation/Non-compliance with landscaped Area provisions within the NSDCP2013.

Comment: The Statement of Environmental effects provides that the proposed development does not meet the specific numerical requirements regarding landscaping contained within Part 1.5.6 of the NSDCP2013, containing a proposed landscaped area of 1072.8sqm from a total site area of 3032.0 (required landscaped area1212.8sqm). Given the large scale and irregular nature of the subject site, and detail of submitted documentation relating specifically to the lower portions of the site, exact landscaped area dimensions are unable to be obtained. Despite the above non-compliance, it is noted that proposed works will result in an improvement of approximately 2.2sqm over the existing non-compliant state (as per submitted calculations), being somewhat negligible against the total area of the site of 3032.0sqm. It is noted that proposed works seek only a minor enlargement of deck footprint towards the Northern boundary, however given the established nature significant scale and topography of the existing foreshore Residential Flat Building, that full compliance with Site Coverage, Landscaped Area and Un-Built Area provisions contained within Parts 1.5.5 and 1.5.6 of the NSDCP2013 would be unreasonable and unnecessary under the circumstances.

• Lack of detail of proposed pool fencing; Comment: In response to concerns, the applicant has submitted additional pool fencing detail to Council 13 February 2015, subsequently re-notified to objecting parties. Information submitted to Council and is considered sufficient for a full and proper assessment of the subject application against relevant matters of consideration under the Act.

• Hours of Operation to proposed Barbeque Area


Comment: Concern has been raised during the notification period regarding hours of operation and use of the proposed barbeque/servery area to the northern boundary. It is considered that any proposed restrictions the use of common property within the site are a matter for the Strata governing body, in full consultation of property owners, and it would be unreasonable for Council to place any condition limiting the free and proper use of open space on private property.

• Structural integrity of retaining wall to adjoining property 33 East Crescent Street, McMahons Point.

Comment: The proposal includes landscaping and associated works and construction of pool fencing to areas of common property at the site and does not seek any alteration to, and is likely to impact upon, existing retaining walls to the southern boundary or adjoining property numbered 33 East Crescent Street, McMahons Point. CONCLUSION The proposal seeks landscaping and associated works and construction of pool fencing to areas of common property at 1 Bay View Street, Lavender Bay (SP16307). The development application has been assessed against the North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013 and the relevant State Planning Policies and found to be generally acceptable in the site circumstances. During assessment of the application, significant concern has been raised in relation to a number of matters, including validity of owners consent, loss of view, loss of privacy, loss of security, preservation of existing significant vegetation and plan detail. Further to matters discussed within this report, the application has been submitted with valid owners consent, has been lodged lawfully in accordance with the NSW Environmental Planning and Assessment Regulation 2000, and contains sufficient information in order to undertake a full and proper assessment of the application. With regard to concerns relating to amenity, the application has been assessed against the North Sydney Development Control Plan 2013, and is considered to be acceptable under the circumstances. Accordingly, the proposal is not considered to result in any material view loss, loss of privacy, reduction in security or loss of residential amenity. Having regarded to the provisions of Section 79C of the EP&A Act 1979 the application is considered to be reasonable in the circumstances and is recommended for approval subject to imposition of conditions. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, as the Consent Authority, grant consent to Development Application No. 437/14 for the Landscape Works and Construction of Pool Fencing to the Existing Residential Flat Building at 1 Bay View Street, McMahons Point, subject


to the attached standard and following site specific conditions: Works to be Within Common Property A4. All works referred to within this consent, and shown on approved plans must be located

wholly within common property at the site. No consent is granted nor implied for any works outside of areas of common property at the site. (Reason: To clarify the terms of this Consent)

Protection of Trees C11. The following tree(s) are required to be protected and retained as part of the development

consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Tree Location Height Canary Island Date Palm Tree (Phoenix Cananensis)

Northern Property Boundary

>8m

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.

Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets)

Protection of Trees E20. All trees required to be retained, as part of this consent must be protected from any

damage during construction works in accordance with AS4970-2009. All tree protection measures specified within this consent must be implemented for the duration of the works. In the event that any tree required to be retained is damaged during works on the site, notice of the damage must be given to Council forthwith. Notes: 1) If the nominated tree is damaged to a significant degree or removed from the site

without prior written approval being obtained from Council, the issuing of fines or legal proceedings may be commenced for failure to comply with the conditions of this consent.

2) An application to modify this consent pursuant to Section 96 of the Environmental

Planning and Assessment Act 1979 will be required to address the non-compliance with any of the conditions of consent relating to the retention of nominated trees, and Council may require tree replenishment.


(Reason: Protection of existing environmental infrastructure and community

assets) Jonathan Archibald David Hoy ASSESSMENT OFFICER TEAM LEADER Stephen Beattie MANAGER DEVELOPMENT SERVICES

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

1 BAY VIEW STREET, LAVENDER BAY DEVELOPMENT APPLICATION NO. 379/14

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.

Revision Title Drawn by Received

L/01

D Landscape Master Plan

A Total Concept Landscape Architects

12 February 2015

L/02

A Site Plan A Total Concept Landscape Architects

12 February 2015

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

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

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.

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

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

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)

ATTACHMENT TO IPP04 - 01/04/2015

1 BAY VIEW STREET, LAVENDER BAY DEVELOPMENT APPLICATION NO. 379/14 Page 2 of 20

September 2013 v1

Works to be Within Common Property A4. All works referred to within this consent, and shown on approved plans must be

located wholly within common property at the site. No consent is granted nor implied for any works outside of areas of common property at the site. (Reason: To clarify the terms of this Consent)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Dilapidation Survey Private Property (Neighbouring Buildings) C1. A photographic survey and dilapidation report of adjoining properties No’s. Properties

numbered 3 Bay View St, Lavender Bay, and; 33 East Crescent Street, McMahons Point detailing the physical condition of those properties, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.

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

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

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

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

(Reason: Proper management of records)



September 2013 v1

Sediment Control C2. 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 C3. 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;



September 2013 v1

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

construction process.

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

waste) Stormwater Disposal C4. Stormwater runoff generated by the approved development must be conveyed by

gravity to the existing site stormwater drainage disposal system. A licensed tradesman shall install plumbing components to achieve this requirement in accordance with the BCA and current plumbing standards and guidelines. 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 appropriate provision for disposal and stormwater

management arising from the development)

Tree Protection Measures to be shown on Construction Drawings C5. Tree protection measures for the existing Date Palm tree to the northern boundary

shall be shown clearly on the Construction Certificate drawings. Plans and specifications showing the said tree protection measures must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure the construction plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that appropriate tree protection measures are shown on

construction drawings) Protection of Trees C6. The following tree required to be protected and retained as part of the development

consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Tree Location

Date Palm Tree Northern Property Boundary



September 2013 v1




Swimming Pool Pumps on Residential Premises C7. The Certifying Authority must be satisfied that the swimming pool pump to be

installed on the premises 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 8.00pm on any Sunday or Public Holiday; or

(ii) before 7.00am or after 8.00pm on any other day

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

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

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

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority.

Details demonstrating compliance with the requirements of this condition must be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

(Reason: To maintain residential amenity)

Pool Access

C8. Access to the pool must be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act 1992, and the barrier is to conform to the requirements of the applicable Australian Standard. 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.



September 2013 v1

(Reason: To ensure the safety of children and make applicant aware of the need to comply with applicable pool fencing legislation)

Swimming Pool Water to Sewer C9. The swimming pool, including overflow water, must be drained to the sewer. The

consent of Sydney Water to dispose of wastewater must be obtained prior to the issue of any Construction Certificate. Plans and specifications complying with this condition and any conditions/ requirements of Sydney Water 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 comply with this condition and any conditions/ requirements imposed by Sydney Water.

(Reason: Water from a swimming pool is classified as wastewater and cannot be

legally disposed of into the stormwater system) Pool Filter C10. The pool filtering equipment must be encased by a soundproof cover and must be

located six (6) metres from any habitable room in a dwelling on a neighbouring property. 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 noise generated by equipment does not result in offensive

noise) Protection of Trees C11. The following tree(s) are required to be protected and retained as part of the

development consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Tree Location Height Canary Island Date Palm Tree (Phoenix Cananensis)

Northern Property Boundary

>8m




September 2013 v1



D. Prior to the Commencement of any Works (and continuing where indicated) Protection of Trees D1. All trees that are specifically nominated to be retained by notation on plans or by

condition as a requirement of this consent must be maintained and protected during demolition, excavation and construction on the site in accordance with AS4970-2009 (Protection of trees on development sites). A report containing recommendations, and methods of tree protection prepared by an appropriately qualified person must be provided to the Certifying Authority for approval by an appropriately qualified person prior to commencement of any works on the site. Any recommendations must be undertaken for the duration of works on the site.

(Reason: To ensure compliance with the requirement to retain significant

planting on the site) Commencement of Works Notice

D2. Building work, demolition or excavation in accordance with this development consent

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

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

commencement of any building work, demolition or excavation) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

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



September 2013 v1

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)

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)



September 2013 v1

Dust Emission and Air Quality E5. The following must be complied with at all times:

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

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

(Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration

E6. 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)

No Work on Public Open Space E7. No work can be undertaken within adjoining public lands (ie. Parks, Reserves, Roads

etc) without the prior written consent of Council. In this regard the developer is to liaise with Council prior to the commencement of any design works or preparation of a Construction and Traffic Management Plan.

(Reason: Protection of existing public infrastructure and land and to ensure

public safety and proper management of public land) Developer's Cost of Work on Council Property E8. 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)



September 2013 v1


damage during construction works in accordance with AS4970-2009. All tree protection measures specified within this consent must be implemented for the duration of the works. In the event that any tree required to be retained is damaged during works on the site, notice of the damage must be given to Council forthwith.

Notes:

1) If the nominated tree is damaged to a significant degree or removed from the site without prior written approval being obtained from Council, the issuing of fines or legal proceedings may be commenced for failure to comply with the conditions of this consent.

2) An application to modify this consent pursuant to Section 96 of the

Environmental Planning and Assessment Act 1979 will be required to address the non-compliance with any of the conditions of consent relating to the retention of nominated trees, and Council may require tree replenishment.


assets) Special Permits E10. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must occur entirely on the property.

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

1) On-street mobile plant

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

(Reason: Proper management of public land)



September 2013 v1

2) Hoardings

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


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

Council’s property

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


4) Kerbside restrictions, construction zones

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

Noxious Plants E11. 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)

Construction Hours E12. 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:



September 2013 v1

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 E13. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979. Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

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

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

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

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

reasons within normal working hours.



September 2013 v1

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 E14. 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 E15. 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) Site Amenities and Facilities E16. 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)


http://www.northsydney.nsw.gov.au/�


September 2013 v1

Health and Safety E17. 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 E18. Building materials must not be placed on Council's footpaths, roadways, parks or

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

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

Plant & Equipment Kept Within Site E19. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within the boundaries of the site (unless a permit is obtained from Council beforehand) and so placed that all concrete slurry, water, debris and the like must be discharged onto the building site, and is to be contained within the site boundaries.

Details of Council requirements for permits on public land for standing plant, hoardings, storage of materials and construction zones and the like are available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)


damage during construction works in accordance with AS4970-2009. All tree protection measures specified within this consent must be implemented for the duration of the works. In the event that any tree required to be retained is damaged during works on the site, notice of the damage must be given to Council forthwith.


http://www.northsydney.nsw.gov.au/�


September 2013 v1

Notes: a. If the nominated tree is damaged to a significant degree or removed from the

site without prior written approval being obtained from Council, the issuing of fines or legal proceedings may be commenced for failure to comply with the conditions of this consent.

b. An application to modify this consent pursuant to Section 96 of the

Environmental Planning and Assessment Act 1979 will be required to address the non-compliance with any of the conditions of consent relating to the retention of nominated trees, and Council may require tree replenishment.


assets) 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:

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.



September 2013 v1

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.



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)



September 2013 v1

Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence the erection of the building.



Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

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

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

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

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

AS2601- Demolition of Structures.

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

Protection of Public Places F9. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

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

hazardous to persons in the public place.



September 2013 v1

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

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

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

or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.

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

Site Sign F10. 1) A sign must be erected in a prominent position on the site

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

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

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

Certifying Authority for the work.

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

(Reason: Prescribed - Statutory)

G. Prior to the Issue of an Occupation Certificate Pool Access G1. Access to the pool must be restricted by a child resistant barrier in accordance with the

regulations prescribed in the Swimming Pools Act 1992, and the requirements of the applicable Australian Standard. The pool must not be filled with water or be allowed to collect stormwater until the installation of the child resistant barrier is completed. Certification from an appropriately qualified person confirming compliance with these requirements must be provided prior to the issuing of any Occupation Certificate.

(Reason: To ensure that any person acting upon this consent is aware of their

obligations under the provisions of the Swimming Pools Act)



September 2013 v1

Pool Safety Requirements G2. A notice must be displayed in a prominent position in the immediate vicinity of the

pool at all times showing:

a) Appropriate instructions of artificial resuscitation methods.

b) A warning stating:

(i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, and

(ii) “POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and (iii) “KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900

MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”,

Details demonstrating compliance are to be provided with any Occupation Certificate issued for the pool. This notice must be kept in a legible condition and at the poolside.

(Reason: To ensure an adequate level of safety for young pool users)

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)

I. On-Going / Operational Conditions Pool Filter I1. The swimming pool pump installed at the premises must not operate so as to:

(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);



September 2013 v1

(j) before 8.00am and after 8.00pm on any Sunday or Public Holiday; or (ii) before 7.00am or after 8.00pm 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 shall be applied.

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

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

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority.

(Reason: To ensure noise generated by equipment does not result in offensive

noise)


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SP 645482938

6

SP 36729

802222

1544018

PATHWAY

2380937

1

802222(Le ase - for V aluat ion

purp ose s only)

1

767146

1098250

8

659448

SP 125 11598981 1581992

2305949029331

2

206643613575SP 1927

SP 4308 21211

SP 16010CA

SP 2760 338032

2748831

D 3380321

SP 10140 5 6002

SP 50787359959 B

60027

SP 44569

5

419012

Y442802 A

3 44 7

0 0C109056 X

Y

1 438679

X

Sec B

781

127151

SP 115008

Sec A 86Sec G

21

5066875685

75

2 2110

1 904522

731853 1 102

SP 17160 880994

101

731853100 1 50

923025

1129

261

SP 10886

1

2

1018682

118

28915

60702

61

1

8661

7 3

1

2

21

223657

20

83597

SP 11501

80729311

223657

9

2216475546261

7758

84

A

1

Sec G

SP 1

5058

SP 1

57791

8

3365

4

1

8743

13

1

2

1

SP 20082

C1

1

874313

659415

2343

57

SP 57866

5676

86

12

Unidentified Passageway

74786

C

1

1

106010

1

714413

Pt D

2

922001

1

447661

709759

3B341

2339

86

3

B4

921200

342

33654

1 5 A

745924

1

SP 6123

4997976

2

9

2

1 217474

7

3

A

1

2

91031

1

31120215

5

13

556051

5478

95

B 6

A 520600B 7

A 11 198680B

1

1

101474

B 436516

A

436595

131 2 B

443759 3713

316004

196999

1

921770

7

3713 12

6606946 9375301

5 1

650793

4

3713

116870 5318

24557873 14

71

2790753 707320

PUB

LIC P

ATH

WA

Y

869 851 7357141

1

600122

3

801648

1

781223

B

111600

2 1101

72829 703131 1 1

A

SP 12594

1

700331

5043242

1141

8

SP 9

6 76

SP 7

5 98 7

87441

SP 18058

1SP

133

891135640

Sec H8

6002

4329

993

222746

9

303346

1094222

4SP

57 0

986038

5

1

112272

SP

2156

1

915829

A

2

5482

17

1515675

1

SP 83485

SP 1322

6356

55

1

1

524518

1

330192

SP 13674

19

1

110

3146

81

2

3

1

B

A

4475

371

B

212

B

5493

08

383325

1

861201

4475

37

Pt 50

17

D

18

1

11

229675

861201

976193

Pt 50

980306

83546A

63650

SP 12163

SP 10832

SP 10831SP 64741

Sec 5

SP 12278

80950

SP 31057

2

SP 15708

21

1

1

3121

81

SP 88170

322230

SP 7223

86120151

257

2828

1185 3 33 8( Lease - for V

aluati onpur poses only)

SP 5315

2

1

572828SP 53222

(Split for Valuationpurposes only)

SP 10316

325054B

CT 19


SP 1976SP 2268

SP 12654SP 19504

9837

71

CT

20

SP 10011

(Lea

s e -

f or

V al u

a ti o

n p u

r po s

es o

nly)SP 21014

420696

6 18 0

2 32

323406938490

31

SP 16307

1670

89 (Lea

s e -

for V

alu a

tion

pur p

o ses

only)

1


2

SP 54824

5

166929

1

2 42

7889

73

2068

72

31

1 630293

41

8104

93

51

42

52

(Le a

se -

for V

a lua

ti on

pur

pose

s onl

y)

24707

3

1

1

890341163582

SP 75267

12

2226

38

4132

0 1

45

1

3163

73

4

8 1

2470

7

752067

1

7 1137520996

22

11282

2

SP 10075

514929

1

SP 16376

8 07 2 7 6

10

1196777

SP 33029

3

(L ea se - fo r V alu ati on pur po ses on ly)

(Le as e - for Va lua tio n

p ur pos es on ly)

SP 83947

SP 44681 86870731

1097

479

Pt 1

1

876572

5222928

(Lease -for Valuation

purposes only)

1 752067

110687

SP 15160

SP 22823

SP 7855

SP 12712

SP 13513

SP 82671

210596

12668

SP 10512

21

22

A

215912

SP 85383

SP 18433222928

2

1

108816

1

1118270

Pathway

1

1118270

100

1103512

599474 1136807276 12668 1754224 123

870371131

(Lease- for Valuation

purposes only)(Lease- for Valuationpurposes only)


(R18960-1603) 1 8747

03

116523511

2

1 931990SP 23010 9318321108816


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.

no rt h s y dne y co unci l re p o rt s€¦ · council on 12 february 2015 . owner: strata plan...

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