Item - REPORTS...2872 2872 2872 2872 394320 (in stratum) (split for Valuation purposes only) Kelly's...
Transcript of Item - REPORTS...2872 2872 2872 2872 394320 (in stratum) (split for Valuation purposes only) Kelly's...
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Item ____IPP09_______ - REPORTS -______03/12/2014_________
N O R T H S Y D N E Y C O U N C I L R E P O R T S
NSIPP MEETING HELD ON 03/12/2014
Attachments:
1. Site Plan
2. Approved Plans
3. Approved Conditions of Consent
ADDRESS/WARD: 479 Pacific Highway, Crows Nest (W)
APPLICATION No: DA466/13
PROPOSAL: Section 96 modification to DA 466/13 (approved mixed use
building) seeking to amend various conditions of consent.
PLANS REF: Nil
OWNER: Pac479
APPLICANT: Wyndel Property Group
AUTHOR: Lara Huckstepp, Executive Planner
DATE OF REPORT: 17 November 2014
DATE LODGED: 26 September 2014
RECOMMENDATION: Approval
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Report of Lara Huckstepp, Executive Planner Page 2
Re: 479 Pacific Highway, Crows Nest
EXECUTIVE SUMMARY
This modification application seeks approval for the modification of a number of imposed
conditions. The matter is reported to North Sydney Independent Planning Panel for
determination on the basis that the outstanding issue requested for deletion relates to the
provision of a car share space (go-get or similar) within the basement, and this requirement
is one which was imposed by NSIPP.
Notification of the proposal was not required given the modification relates only the deletion of
conditions.
The assessment has considered the performance of the application against Council‟s planning
requirements. The applicant‟s requested modifications are recommended for approval, with the
exception of conditions relating to stormwater provision. However it is considered that the issues
relating to stormwater provision have been satisfactorily addressed, and the applicant has verbally
advised they accept these conditions remaining in place.
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LOCATION MAP
Page 3
Property/Applicant Submittors - Properties Notified
Re: 479 Pacific Highway, Crows Nest - DA 466/13HUME STREET
PARK
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Report of Lara Huckstepp, Executive Planner Page 4
Re: 479 Pacific Highway, Crows Nest
DESCRIPTION OF PROPOSAL
The Section 96 modification application seeks consent to amend the following conditions of
consent:
1. Chimney / Flue
The application requests the deletion of Condition C18 (Chimney / Flue Discharge Location)
which sets requirements for the provision of any chimney / flue. The applicant asserts that the
development will not contain any chimneys or flues and that the condition is therefore not
relevant.
2. Setback requirement of 1.5m in Clarke Lane for services
The application seeks deletion of Parts (h) and (i) of Condition C35 (Road works to Clarke Lane)
which requires the creation of a 1.5m ground level easement to Clarke Lane extending 1.5m
vertically below ground, for the provision of services. The applicant asserts that a 1.5m setback
has been previously dedicated to Council, and that this further requirement is not applicable and
not necessary.
3. Drainage works in Clarke Lane
The application seeks amendment to Conditions C35 (Drainage works) and Condition C37 (b)
and (c) (Stormwater Management and Disposal Design Plan / Construction issue Detail) which
require the applicant to construct a stormwater drainage system to connect directly to a grated pit
on the site‟s Clarke Lane frontage.
The application requests that this requirement be deleted and that the site instead be constructed
to discharge their stormwater to Council‟s „existing stormwater system‟, rather than constructing
a new connection. This issue is discussed further within the report, however it has been
established that there is no existing stormwater system serving the site, and the applicant has
verbally advised they will accept the retention of these stormwater requirements outlined in the
conditions.
4. Provision of car share space within the basement
The application seeks the deletion of Condition C42 (Car Share Space) which was a condition
imposed by the NSIPP at its meeting held on 2 July 2014. The development provides a total of 16
car parking spaces, 12 of which were proposed to be allocated to the residential dwellings, and 4
allocated to the non-residential ground floor premises.
Following consideration of the development application, the NSIPP imposed Condition C42
which requires one of the allocated residential car parking spaces to instead be provided as a car
share (go-get or similar) that is available to the public. The condition further advises that in the
event an appropriate provider is not in place at the time of final occupation, the space shall be
used as visitor parking.
The applicant requests this condition be deleted as well as other conditions relating to the car
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Report of Lara Huckstepp, Executive Planner Page 5
Re: 479 Pacific Highway, Crows Nest
share space being Condition G3 which requires that the car share space be provided as a
restriction as to user and positive covenant, and Conditions G17 and I3 which both outline the car
parking allocation to include a car share space.
The modification application has been referred to NSIPP given that it seeks the deletion of
these conditions relating to the car share space that was imposed by the NSIPP.
STATUTORY CONTROLS
North Sydney LEP 2013
Zoning – B4 Mixed Use
Item of Heritage - No
In Vicinity of Item of Heritage – Yes (366 – 376 Pacific Highway, Crows Nest)
Conservation Area - No
FSBL - No
Environmental Planning & Assessment Act 1979
SEPP No. 55 - Contaminated Lands
SREP (2005)
Local Development
POLICY CONTROLS
DCP 2013
DESCRIPTION OF LOCALITY
The subject site is legally described as Lot 101 in DP747672 and has a site area of 707sqm. The
site is located on the eastern side of the Pacific Highway and has a rear lane frontage to Clarke
Lane.
Front Facade – Pacific Highway
Rear Facade – Clarke Lane
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Report of Lara Huckstepp, Executive Planner Page 6
Re: 479 Pacific Highway, Crows Nest
Adjoining the site to the north on the Pacific Highway is a two storey commercial building
containing Australia Post and adjoining the site to the south is another two storey commercial
building. To the rear of the site in Clarke Lane is a 6 storey commercial building.
RELEVANT HISTORY
Development Consent DA 466/13 was approved by NSIPP at its meeting held on 2 July 2014
and allowed the construction of a three storey mixed use building comprising:
Ground level retail accessed via the Pacific Highway
16 apartments proposing:
o 8 x studio apartments
o 8 x 2 bedroom apartments
1 level of basement carparking providing 16 car parking spaces, 20 bicycle car parking
spaces and 2 mortorbike spaces.
A delivery / loading bay is provided in Clarke Lane.
The subject modification application was submitted to Council on 26 September 2014.
REFERRALS
Building
The development application has not been specifically assessed in relation to compliance with the
Building Code of Australia. If the development application is unable to achieve compliance with
the BCA, an additional Section 96 Application may be lodged.
Engineering
The modification application was referred to Council‟s Development Engineer (V.Ristic).
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Report of Lara Huckstepp, Executive Planner Page 7
Re: 479 Pacific Highway, Crows Nest
No concerns were raised with the proposed deletion of the 1.5m setback requirement on the
grounds that a rear setback has already been dedicated to Council.
With regards to the proposed stormwater drainage works, no amendment to Conditions C35 &
C37 is supported. Council‟s consistent approach to stormwater drainage generated by the
approved development is that drainage must be discharged via a suitable pit, directly to Council‟s
nearest stormwater drainage line. No such connection is presently provided to the site, and as
such the applicant must be required to construct a suitable connection.
Planning Comments: The above comments are noted and agreed.
SUBMISSIONS
The modification was not required to be notified to adjoining properties in this instance in
accordance with Section 4 NSDCP 2013.
CONSIDERATION
The proposal is required to be assessed having regard to the following matters.
Section 96(1a) of the Environmental Planning and Assessment Act 1979 enables a consent authority
to modify a development consent upon application being sought by the applicant or any person
entitled to act on the consent, provided that the consent authority consider the following issues:
(a) It is satisfied that the proposed modification is of minimal environmental impact,
and
The proposed modification is considered to be of minimal environmental impact. There is no
change to the approved external building envelope. The proposed development will continue to
result in an acceptable impact on the locality.
(b) It is satisfied that the development to which the consent as modified relates is
substantially the same development as the development for which the consent was
originally granted and before that consent as originally granted was modified (if at
all), and
The proposed modifications are considered to be substantially the same as the approved
development.
(c) Whether the application required the concurrence of the relevant Minister, public
authority or approval body and any comments submitted by these bodies?
No concurrence is required.
(d) Whether any submissions were made concerning the proposed modification.
The modification was notified as set out within this report in accordance with the Regulations
and the NSDCP. No submissions were received.
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Report of Lara Huckstepp, Executive Planner Page 8
Re: 479 Pacific Highway, Crows Nest
(e) Any relevant considerations under Section 79C(1) of the Environmental Planning
and Assessment Act 1979.
Each proposed modification is considered as follows:
1. CHIMNEY / FLUE
Condition C18 was imposed as follows:
Chimney/Flue Discharge Location
C18. The height of the chimney/flue must be in accordance with the requirements of the
Building Code of Australia, and any relevant Australian Standard applicable to the type
and nature of heating appliance installed
Plans and specifications which comply with this condition must be submitted to the
Certifying Authority for approval prior to the issue of any Construction Certificate.
The Certifying Authority must ensure that the building plans and specifications
submitted, referenced on and accompanying the issued Construction Certificate, fully
satisfy the requirements of this condition.
Note: If the design of the chimney/flue approved by this consent needs to be altered to
achieve compliance with this requirement, an application to modify this development
consent may be required, depending on the nature of the changes required.
(Reason: To ensure compliance with appropriate environmental standards and
protect residential amenity arising from chimney and flue installations)
Planning comment: The applicant advises that the proposed development does not propose any
chimneys. Whilst this condition is not considered to be onerous should no flue be proposed,
nonetheless its deletion is supported.
2. SETBACK REQUIREMENT OF 1.5M IN CLARKE LANE
Condition C35 (Required Infrastructure Works – Roads Act 1993) includes a requirement in parts
(h) and (i) wherein Council‟s Engineers required a 1.5m (including below ground) setback for
services. The relevant part of the condition is provided as follows (note – the full condition is
outlined within the recommendation):
Required Infrastructure Works – Roads Act 1993
C35. Prior to issue of the Construction Certificate the applicant must have engineering design
plans and specifications prepared by a qualified civil design engineer. The plans and
specifications must be to a detail suitable for construction issue purposes and must provide detail
and specification for the following infrastructure works to be completed as part of the
development:
Road Works on Clarke Lane
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Report of Lara Huckstepp, Executive Planner Page 9
Re: 479 Pacific Highway, Crows Nest
h) Easement shall be created pursuant to Section 88 B instruments under the Conveyance Act
1919 to provide for public rights of access within the setback areas as follows:
The 1.5 m setback (not dedication) to Angelo Street (should refer to Clarke Lane) frontage
placed as concrete pavement, extending down to a minimum of 1.5 m below the invert of the
gutter or surface of the laneway and extending up to 3.0 m above the footpath level.
i) Such easement shall be created and lodged with NSW Land and Property Information prior
to the occupation of the building or the issue of a certificate for strata subdivision of the
development whichever comes first.
The application seeks deletion of parts (h) and (i) on the basis that „the site has previously been
dedicated with prior development of this site and a footpath created‟. Council‟s Development
Engineer on further review considers this to be reasonable. The existing building is relatively
recent and was requested to be set back at the time. It is noted that no building setback has been
required in any case. It therefore recommended that these parts be deleted from the condition.
3. DRAINAGE WORKS TO CLARKE LANE
Condition C35 (Required Infrastructure Works – Roads Act 1993) (Road works in Clarke Lane)
parts (a) & (b) and Condition C37 (Stormwater Management and Disposal Design Plan /
Construction issue Detail) parts (b) and (c) require that the applicant construct a new stormwater
connection to Clarke Lane as follows:
35. Drainage works
Connection of the site stormwater drainage system must be made directly to a newly
constructed grated gully pit (with lintel), to front the site on Clarke Lane. To
accommodate this requirement, the following drainage infrastructure works must be
carried out on Council property at the Applicants expense:
(a) Construction of a standard grated gully pit with extended kerb inlet (1.8m lintel) in
the kerb fronting the subject site in Clarke Lane. The pit must be constructed in
accordance with Council‟s Infrastructure Specification for Roadwork, Drainage and
Miscellaneous Works‟.
(b) Construction of a new in-ground drainage line under the kerb and gutter at standard
depth. The line must connect the new gully pit to the existing Council pit located
downstream of the site on Clarke Lane. The pipes within the road reserve are to be
reinforced concrete class 2 with a minimum 375mm diameter and have bedding in
accordance with Australian Standard AS3725 (Loads on buried concrete pipes). The
developer shall be responsible for carrying out any service investigations to allow a
gravity connection.
37 (b) Stormwater runoff and subsoil drainage generated by the approved dwelling must
be conveyed in a controlled manner by gravity, via a direct connection to a new
stormwater gully pit in Clarke Lane (which is to be constructed in front of the
proposed development). When a direct connection to the pit option is
implemented then the pipeline within the footpath area must have a minimum
cover of 450mm.
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Report of Lara Huckstepp, Executive Planner Page 10
Re: 479 Pacific Highway, Crows Nest
(c) The new – minimum 375mm reinforced pipeline in Clarke Lane is to be constructed
between the new pit and existing pit located downstream of the site on Clarke Lane.
Within the road reserve, the pipe must have a minimum cover of 450mm.
The applicant‟s submission requests deletion of these requirements, requesting instead that that
the new building be drained to the existing stormwater piped system. The applicant provided the
following response:
„The subject site is fully paved or developed and as such, the approved development will
result in no additional stormwater runoff from the site. As the runoff from the site post
development will not change from the pre-development runoff situation in terms of either
volume or speed of runoff, no change to Council‟s existing stormwater system is required
to cater for the stormwater discharge of the approved development and as such, there is
no nexus between the works required by the conditions and the approved development‟
As set out within the Engineering Referral Section, Council‟s Development Engineer does not
support the deletion of these components of the condition. It is established that there is no
existing stormwater connection serving the site, and presently the site discharges to the Pacific
Highway, which is unacceptable. Council‟s Development Engineer advises the new stormwater
connection to Clarke Lane must be made.
The applicant has since discussed this issue with Council‟s Development Engineer and has
verbally advised that they accept the retention of these stormwater conditions under the
circumstances.
4. PROVISION OF A CAR SHARE SPACE WITHIN THE BASEMENT
Conditions C42, G3, G17 and I3 all relate to the requirement for the development to provide a
„community car share space‟ within the basement. Condition C42 was imposed by NSIPP at its
meeting held on 2 July 2013 as follows:
Community Car Share
C42. One of the basement residential car parking spaces shall be dedicated for a shared car
(go get or similar) that is available to the public. In the event an appropriate service
provider is not in place at the time of final occupation, this space shall be used as visitor
parking.
The Panel reason for imposition of this condition was to „facilitate sustainable transport’.
The applicant also seeks to modify Conditions G3, G17 and I3 to remove the reference to the car
share space. These conditions were imposed as follows:
Covenant & Restriction (Stormwater Control Systems and Single Car Share Space)
G3. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and one copy
must be submitted to Council in registrable form, providing for:
a. a restriction as to user and positive covenant as to user as appropriate in favour of North
Sydney Council burdening 479 Pacific Highway requiring the ongoing retention,
maintenance and operation of the stormwater facility (pump-out);
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Report of Lara Huckstepp, Executive Planner Page 11
Re: 479 Pacific Highway, Crows Nest
b. A restriction as to user and positive covenant as to user as appropriate in favour of North
Sydney Council burdening 479 Pacific Highway requiring the provision and retention of a
single car share space with the basement.
c. North Sydney Council being nominated in the Instrument as the only party authorised to
release, vary or modify the Instrument;
d. the wording on the Instrument making reference to the Council file/s which hold:
(a) the Construction plans; and
(b) the “Work-as-Executed” (as built) plans;
Upon Council being satisfied as to the terms of the Instrument, North Sydney Council‟s official
seal will be affixed to these documents, prior to submission to the Land & Property Information
Office for registration
The Instrument creating the restriction and/or covenant under 88B and 88E required by this
condition of consent must be registered on the Title of the development site prior to the issue of an
Occupation Certificate or commencement of use of the site, whichever is the earlier.
Typical wording for the Instrument relating to the stormwater component can be sourced from
Councils “Specification for the Management of Stormwater”.
Evidence of the registration of the instrument referred to in this condition is to be provided to
Council prior to the issue of an Occupation Certificate.
All costs associated with the preparation, approval and registration of the Instrument required by
this condition of consent must be borne by the person acting on this consent including the
reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating
the execution and registration of the required Instrument.
(Reason: Compliance and adequate maintenance of drainage system and to ensure a car
share space is retained on the site)
Allocation of Spaces
G17. Car parking spaces must be provided and maintained at all times on the subject site.
The spaces shall be allocated to uses within the building in accordance the following
table:
11 Residential
4 Commercial
1 Car share
In the case of Strata subdivision any car parking for strata lots for residential
purposes must be individually allocated to its corresponding residential strata lot as
part of each lots' unit entitlement.
(Reason: To ensure that adequate parking facilities to service the development are
provided on site)
Allocation of Spaces
13. The allocation of car parking spaces with the development must be maintained at all times in
accordance with the terms of this consent. The allocation of spaces must be maintained in
accordance with the following table:
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Report of Lara Huckstepp, Executive Planner Page 12
Re: 479 Pacific Highway, Crows Nest
11 Residential
4 Commercial
1 Car Share
Car parking spaces provided must only be used in conjunction with the approved uses contained
within the development.
In the case of Strata Subdivision any car parking for strata lots for residential purposes must be
individually allocated to its corresponding residential strata lot as part of each lot‟s unit
entitlement.
Visitor parking facilities must be designated as common property on the strata plan. Visitor
parking facilities must not at any time be allocated, sold, licensed or leased for the exclusive use
of any occupier or owner and must be retained as common property by the Owners Corporation
for use by building visitors.
(Reason: To ensure that adequate parking facilities to service the development are
provided on site).
The applicant‟s justification for deletion of this requirement is: It is requested that this condition
be deleted as it is inconsistent with the requirements of DCP2013, Part B Section 10.2.2 which
clearly states within the note that „the installation of car share parking to replace general off-
street parking is optional and at the discretion of the developer‟. This condition was not
recommended by Council staff and was included within the consent conditions by the NSIPP
without any consultation with the developer of the proposal. As such the condition is inconsistent
with the requirements of DCP2013 and is inappropriate.
Further, the condition would require that the basement parking be accessible by the general
public at all times. This would compromise security to the development and would also
compromise the safety of the residents living in the building and accessing the car parking as the
parking area could not be secured at any time, which would be contrary to the requirements of
the Safer by Design Guidelines.
Finally, no nexus has been established between the proposed development and the need to
provide for a car share space. Such a requirement has not been placed on similar approvals and
there is no reason why it should be placed upon the approval for this development. It is therefore
considered that the condition is ultra vires and Council has no legal power to place such a
condition on the consent.‟
Planning Comment: The approved development provides 16 apartments and 424sqm of non-
residential floor space detailed to be provided as 3 tenancies. The proposed parking spaces and
the level of compliance is detailed below:-
DCP2013 Approved Proposed
Residential 12 11 12
Non-residential 7 4 4
Visitor 0 0 0
Car Share 0 1 0
The consideration of whether or not to delete the requirement for a car share space is one for the
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Report of Lara Huckstepp, Executive Planner Page 13
Re: 479 Pacific Highway, Crows Nest
NSIPP given it was imposed by the NSIPP and not recommended by Council Officers. However,
the following is offered from a policy perspective. Section 10.2.2 (Car Share Schemes) of
DCP2013 provides the following:
10.2.2 Car Share Schemes
Car Sharing Schemes can be designed to enhance sustainable transport modes, such as
walking, cycling and public transport by filling a „mobility gap‟ – that is providing
access to a vehicle on an „as needs‟ basis, without the high cost of ownership or private
parking space provision.
Objectives
O1. To minimise the impact on the safety and efficiency of existing roads.
Provisions
P1 Council may consider the provision of car share parking in residential, mixed use
and commercial developments but only if:
(a) The number of car share parking spaces provided does not replace more
than 25% of the total off-street parking requirement if those car share
space had not been provided, excluding any residential visitor parking
spaces; and
(b) Each car share space does not replace less than 3 or more than 4
residential and / or non-residential parking spaces.
Note: The installation of car share parking to replace general off-street parking is
optional and at the discretion of the developer.
As can be seen above, the installation of a car share parking space to replace off-street parking is
optional and at the discretion of the developer. In this instance the developer does not elect to
provide such a space.
It is noted that the subject development is deficient by 3 non-residential commercial parking
spaces. In the opinion of the Assessment Officer, this non-compliance was supported at the time
given that:
The car parking provision allows for at least 1 car parking space for each proposed non-
residential tenancy (there being 3 proposed);
Additional car parking of 3 cars to provide technical compliance would require a further
level of basement parking, which is considered to be unwarranted in the circumstances;
Council‟s controls as set out Section 10 NSDCP2013 are a maximum, and not a
minimum.
The site is well-located with regards to public transport being located on the Pacific
Highway.
The site is within easy walking distance of at least 3 Council operated parking stations of
which one, Hume Street, is generally underutilised.
It is also noted that the DCP2013 does not require nor allow any visitor car parking within
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Report of Lara Huckstepp, Executive Planner Page 14
Re: 479 Pacific Highway, Crows Nest
developments in the B4 Mixed Use Zone.
Despite the above assessment offered, the condition was imposed by the NSIPP and as such
the matter has been referred back for their consideration of the issue.
The proposed modifications do not alter the approved development scheme's compliance with the
requirements of any relevant State Plan or Policy. The proposed development is considered to
continue to the consistent with the provisions of the NSLEP 2013 and NSDCP 2013 and all
relevant plans and policies, in so far as have been outlined above.
(b) The likely impacts of that development, including environmental impacts on both the
natural and built environments, and social and economic impacts in the locality.
All likely impacts of the proposed modification are considered to have been addressed in this
report.
(c) The suitability of the site for the development.
The subject site continues to be suitable for the proposed development.
(d) Any submissions made in accordance with this Act or the regulations.
The modification was not notified to surrounding properties.
(e) The public interest.
The proposed development is considered to be in the public‟s interest.
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 Yes
7. Physical relationship to and impact upon adjoining Yes
development (Views, privacy, overshadowing, etc.)
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Report of Lara Huckstepp, Executive Planner Page 15
Re: 479 Pacific Highway, Crows Nest
8. Site Management Issues Yes
9. All relevant S79C considerations of Yes
Environmental Planning and Assessment (Amendment) Act 1979
CONCLUSION
The proposed modification to delete Condition C18 (Chimney/Flue) and parts h & i of Condition
C35 (Required Infrastructure Works) relating to the 1.5m below ground setback for services, are
both supported and recommended for deletion.
With regards to the stormwater requirements, the applicant has been advised of the requirement
to discharge stormwater to the rear of Clarke Lane and has verbally indicated that they raise no
objection to this requirement remaining in place. As such, this issue is considered to be
substantially resolved.
The outstanding issue remains the requirement in Condition C42 (and associated conditions G3,
G17, and I3) which require the provision of a car share parking space within the basement. This
requirement was not recommended by Council Officers, and was imposed by the NSIPP when it
approved the subject mixed use building at its meeting held on 2 July 2014. The applicant now
requests removal of this condition and as such, the matter is referred back to the Panel for their
consideration.
RECOMMENDATION
PURSUANT TO SECTION 96 OF THE ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the General
Manager as the consent authority, grant consent to modify its Development Consent No.
466/13/2 which allowed the construction of a mixed use building at No.479 Pacific Highway,
Crows Nest, under the provisions of Section 96 of the Environmental Planning and Assessment
At only in so far as will provide for the following:-
1. To Delete Condition C18 (Chimney / Flue Discharge Location)
2. To amend Condition C35 (Roadworks to Clarke Lane) only in so far as to delete parts
(h) and (i) as follows:-
Required Infrastructure Works –Roads Act 1993
C35. Prior to issue of the Construction Certificate the applicant must have engineering design
plans and specifications prepared by a qualified civil design engineer. The plans and
specifications must be to a detail suitable for construction issue purposes and must
provide detail and specification for the following infrastructure works to be completed as
part of the development:
Road Works on Pacific Highway
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Report of Lara Huckstepp, Executive Planner Page 16
Re: 479 Pacific Highway, Crows Nest
a) Construction of a fully new replacement of footpath is required across the entire site
frontage in Pacific Highway. A longitudinal section is required along the footpath
property boundary at a scale of 1:50 extending 5m past the property boundary line.
The footpath shall be designed (at a single straight grade of 3% falling to top of kerb)
so that it is uniform without showing signs of dipping or rising particularly at
entrances.
b) The footpath pavement must be full width constructed of concrete pavers, in
accordance with Council‟s standard drawings No S401, S403, S404 and S405,
placed adjacent to the front boundary of the property. The pavers selected must be as
specified in Council‟s infrastructure specification, if a specific type of pavers has not
been required from Council prior to the Construction Certificate.
c) Reconstruction of a fully new kerb and gutter is required across the entire site
frontage in Pacific Highway, if damaged.
d) Cross sections at a scale of 1:50 along the centre-line of each access point (from
Pacific Highway and Clarke Lane) to the building must be provided and are to show
the calculated clearance to the underside of any overhead structure. All entry points
(from Pacific Highway and Clarke Lane) are to comply with the Building Code of
Australia (BCA), particularly disability requirements.
e) The Council approved footpath levels must be accommodated at the building entry
points
Road Works on Clarke Lane
a) The redundant layback crossings on Clarke Lane must be reinstated as upright kerb,
gutter and paved footpath.
b) The vehicular crossing on Clarke Lane (access to underground parking and delivery
bay) must be constructed of interlocking pavers, in accordance with Council‟s
standard drawings: S 402 and S 403. The pavers for driveway crossings must be as
specified in Council‟s infrastructure specification, if a specific type of pavers has not
been required from Council prior to the Construction Certificate.
c) The footpath pavement must be full width constructed of concrete pavers, in
accordance with Council‟s standard drawings No S401, S403, S404 and S405,
placed adjacent to the front boundary of the property. The pavers selected must be as
specified in Council‟s infrastructure specification, if a specific type of pavers has not
been required from Council prior to the Construction Certificate.
d) Construction of a fully new kerb and gutter is required across the entire site frontage
in Clarke Lane. A longitudinal section is required along the gutter line (existing and
proposed levels), at a scale of 1:50, showing how it is intended to transition the
layback with the existing gutter levels.
e) The kerb, gutter and footpath are to be transitioned as necessary on both sides of the
proposed layback crossings. Kerb, gutter and footpath transition works are required
to provide continuity on the street.
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Report of Lara Huckstepp, Executive Planner Page 17
Re: 479 Pacific Highway, Crows Nest
f) Half road reconstruction is required across the entire site frontage in Clarke Lane.
g) A longitudinal section along the footpath property boundary at a scale of 1:50 is
required.
h) Easement shall be created pursuant to Section 88 B instruments under the
Conveyance Act 1919 to provide for public rights of access within the setback areas
as follows:
The 1.5 m setback (not dedication) to Angelo Street frontage placed as concrete
pavement, extending down to a minimum of 1.5 m below the invert of the gutter or
surface of the laneway and extending up to 3.0 m above the footpath level.
i) Such easement shall be created and lodged with NSW Land and Property
Information prior to the occupation of the building or the issue of a certificate for
strata subdivision of the development whichever comes first.
Drainage Works
Connection of the site stormwater drainage system must be made directly to a newly
constructed grated gully pit (with lintel), to front the site on Clarke Lane. To
accommodate this requirement, the following drainage infrastructure works must be
carried out on Council property at the Applicants expense:
a) Construction of a standard grated gully pit with extended kerb inlet (1.8 m lintel) in
the kerb fronting the subject site in Clarke Lane. The pit must be constructed in
accordance with Councils “Infrastructure Specification for Roadwork, Drainage and
Miscellaneous Works”.
b) Construction of a new in-ground drainage line under the kerb and gutter at standard
depth. The line must connect the new gully pit to the existing Council pit located
downstream of the site on Clarke Lane. The pipes within the road reserve are to be
reinforced concrete class 2 with a minimum 375 mm diameter and have bedding in
accordance with Australian Standard AS 3725 – (Loads on buried concrete pipes).
The developer shall be responsible for carrying out any service investigations to
allow a gravity connection.
As many of Ausgrid's electricity cables are located within roadways and the public road
reserve area, applicant‟s assistance would be appreciated by informing Ausgrid of any
proposed work where the Dial Before you Dig enquiry indicates electricity cables in the
area. Any advice or concern can be emailed to [email protected],au and a
Planner will be assigned to assist applicant.
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.
Certifying Authorities must not issue a Construction Certificate without the formal
written approval of Council (as Roads Authority) under the Roads Act 1993.
The required plans and specifications are to be designed in accordance with North Sydney
Council‟s current documents Infrastructure Specification for Road Works, Drainage and
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Report of Lara Huckstepp, Executive Planner Page 18
Re: 479 Pacific Highway, Crows Nest
Miscellaneous Works and Performance Guide for Engineering Design and Construction.
The drawings must detail existing utility services and trees affected by the works, erosion
control requirements and traffic management requirements during the course of works.
Detailed survey must be undertaken as required. Traffic management is to be certified on
the drawings as being in accordance with the documents SAA HB 81.1 – 1996 – Field
Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work
Sites (1998). Construction of the works must proceed only in accordance with any
conditions attached to the Council Roads Act 1993 approval.
Note: A minimum of 21 days will be required for Council to assess Roads Act
submissions. Early submission is recommended to avoid any delays in obtaining
a Construction Certificate. A fee to cover cost of assessment (set out in Council‟s
adopted fees and charges) is payable and Council will withhold any consent and
approved plans until full payment of the correct fees. Plans and specifications
must be marked to the attention of Council‟s Development Engineers. In addition,
a copy of this condition must be provided, together with a covering letter stating
the full address of the property and the accompanying DA number.
(Reason: To ensure infrastructure works are designed and constructed to appropriate
standards and requirements of the Roads Act 1993)
3. To Delete Condition C42 (Community Car Share)
4. To amend Condition G3 as follows:
Covenant & Restriction (Stormwater Control Systems and Single Car Share Space)
G3. An Instrument pursuant to Sections 88B and 88E of the Conveyancing Act 1919 and one
copy must be submitted to Council in registrable form, providing for:
a. a restriction as to user and positive covenant as to user as appropriate in favour of
North Sydney Council burdening 479 Pacific Highway requiring the ongoing
retention, maintenance and operation of the stormwater facility (pump-out);
b. A restriction as to user and positive covenant as to user as appropriate in favour of
North Sydney Council burdening 479 Pacific Highway requiring the provision and
retention of a single car share space with the basement.
c. North Sydney Council being nominated in the Instrument as the only party
authorised to release, vary or modify the Instrument;
d. the wording on the Instrument making reference to the Council file/s which hold:
(a) the Construction plans; and
(b) the “Work-as-Executed” (as built) plans
Upon Council being satisfied as to the terms of the Instrument, North Sydney Council‟s
official seal will be affixed to these documents, prior to submission to the Land &
Property Information Office for registration
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Report of Lara Huckstepp, Executive Planner Page 19
Re: 479 Pacific Highway, Crows Nest
The Instrument creating the restriction and/or covenant under 88B and 88E required by
this condition of consent must be registered on the Title of the development site prior to
the issue of an Occupation Certificate or commencement of use of the site, whichever is
the earlier.
Typical wording for the Instrument relating to the stormwater component can be sourced
from Councils “Specification for the Management of Stormwater”.
Evidence of the registration of the instrument referred to in this condition is to be
provided to Council prior to the issue of an Occupation Certificate.
All costs associated with the preparation, approval and registration of the Instrument
required by this condition of consent must be borne by the person acting on this consent
including the reasonable costs of Council in obtaining advice, negotiating the terms or
otherwise facilitating the execution and registration of the required Instrument.
(Reason: Compliance and adequate maintenance of drainage system and to ensure a
car share space is retained on the site)
5. To amend Condition G17 as follows:-
Allocation of Spaces
G17. Car parking spaces must be provided and maintained at all times on the subject site. The
spaces shall be allocated to uses within the building in accordance the following table:
11 12 residential
4 commercial
1 car share
The car parking spaces are to be identified on-site by line-marking and numbering upon the
completion of the works and prior to issue of Occupation Certificate. Car parking spaces
provided must only be used in conjunction with the approved uses contained within the
development.
In the case of Strata subdivision any car parking for strata lots for residential purposes must
be individually allocated to its corresponding residential strata lot as part of each lots' unit
entitlement.
(Reason: To ensure that adequate parking facilities to service the development are
provided on site)
6. To amend Condition I3 as follows:-
Allocation of Spaces
I3. The allocation of Carparking spaces within the development must be maintained at all
times in accordance with the terms of this consent. The allocation of spaces must be
maintained in accordance with the following table:
-
Report of Lara Huckstepp, Executive Planner Page 20
Re: 479 Pacific Highway, Crows Nest
11 12 residential
4 commercial
1 car share
Car parking spaces provided must only be used in conjunction with the approved uses
contained within the development.
In the case of Strata subdivision any car parking for strata lots for residential purposes
must be individually allocated to its corresponding residential strata lot as part of each
lots unit entitlement.
Visitor parking facilities must be designated as common property on the strata plan.
Visitor parking facilities must not at any time be allocated, sold, licensed or leased for the
exclusive use of any occupier or owner and must be retained as common property by the
Owners Corporation for use by building visitors.
(Reason: To ensure that adequate parking facilities to service the development are
provided on site)
Lara Huckstepp Stephen Beattie
EXECUTIVE PLANNER MANAGER DEVELOPMENT SERVICES
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Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based on information contained in this map without first checking details held by the responsible Government authority.
Further details can be obtained by calling (02) 9936 8100 or e-mail [email protected].
North Sydney Council
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107.7
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106.3
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107.0
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105.7
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HUME STREETPARK
ERNEST PLACE
WIL
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CHAPEL LANE
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35
7
39-47
13
11
(3)
(2/11)
(1/11)
2
6
8
10
84 86 88
26
4
(84)
(82)
(98A
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(114)
106
366
370
368
23
(91A
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(14)
71
77
79 (
81)
83
6-8
20
85
(29)
(29A
)
27
25
87
89
91
93
95
97
99
360
348
342-346
340338
39
25-27 29 31 33
31
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39
41
43
45
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49
51
53
55
59
61
63
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4
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(2B) (2A)(2C)(2D)
31
35
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41
43
45
47
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55
57
59-6
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(36)
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469467
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457
455
48
50
56
58
64
66
68
70
72
74
76
78
80
82
86
88
94
102
100
114
90
495
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118-1
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126-1
28
130
132
52
134
110-1
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98
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38
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378
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25
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21
38
34
497
501
503
507-509
511
521
545
563-565
567
33
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23
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91
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94
286
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13-1
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(5) 7-7A9-11
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411
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423
419
417
415
413
407
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395
391-3
93
8
314
316
318
320
312
322
310
306
300
(5)
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308
95
97
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332
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2A
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336
326
328
330
334
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79-8
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433
126
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449
447
437
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118
120
122
19
(12) 10
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6-10
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(split for Valuationpurposes only)
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(split
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Sec 4
Sec 4
Sec 6
Sec 7
Sec 7
Sec 4
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2B
A
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1
12
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F
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AB
11
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62
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1
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SP 76699
387489
390557
436217
1160762
369939
559367
551757
24083
1265
1265
785343
302454
24083
748270 607452
1265
455938
207997
312011
1167782
2872
2872
2872
2872
2872
394320
315327
(in stratum)
(split for Valuation
purposes only)
Kelly's Place
Childrens Centre
Hume Street Carpark &
North Sydney Indoor Sports Centre
(Lease - split for Valuation
purposes only)
(Lease -
for
Valu
ation
purp
oses o
nly
)
(Lease -
for
Valu
ation
purp
oses o
nly
)
(Le
ase
- s
plit
fo
r V
alu
atio
n
pu
rpo
se
s o
nly
)
(Lease -
split
for
Valu
ation
purp
oses o
nly
)
Sec 7
Sec 8
Sec 4
Sec 4
1
30
A
21
24
1
728437
728437
32
1151
13
1
1
1
38
1
728437
1 11 4117
B
10
1
1
2
1147
1148
1149
SP 30953
SP 73937
SP 90263
SP 80874
SP 74219
SP 74218
SP 33062
SP 45213SP 44485
1001452
2872
2872
6604
53
2872
563690
667133
572479
564218
374468
5704
25
431687
7722
47
2872
131586
1096
026
627992
930922
1201105
900132
(split for Valuation purposes only)
(split for Valuation purposes only)
Sec 6
Sec 4
Sec 5
Sec 3
Sec 5
Sec 4
Sec 4
Sec 5
104286
221674
719874
1079490
21
B6
11
X
2
5
185720
B1
19
C2
A18
3
2
Y
3
31
4
B11 12
5
C
1
3
1081820
6
A
11
82
3
2
5
ED
11
20
12
1
80
729343
1
2
1
193399
1
SP 60568
SP 78924
337588
1265
305810
577601 618635
377538
1265
610792
2872
216893
617114
923723923722
359953
219945
1265
204130
435296
445411
600579
233727
702618
24071
749806
2872
393260
2872
656454
(In S
tratu
m)
1
1094
22
1
1
1
314750
Sec 2
333761
1
6
1
1
13
1
656456
3
6
10
11
2
651865
12
B1
4
1
1
7
3
104029
104030
2
3
1186949
1
4
2
1
3
12
325522
SP
84632
SP
83104
SP
83424
SP
49574
SP
57342
SP
57808
SP
8464361
7549
29672
127595
455869
716494
29672
455869
16402
434184
660967308231
1649
338760
562966
(Lease - for Valuation
purposes only)
Residential com
plex above
Nicholson S
treet Carpark
SP 6
5770
Sec 33
1
SP
31
23
8
Sec 33
Sec
32
Sec 3
4
Sec 4
Sec
34
Sec 2
908026
956027
2
2
439822
D
1
3
25
1
14
3
573543
2
4
A
1
724930
2
1
1
100
101
6
A
24
1
1
1
1
6
1
5
101
C
B
32
1
30
29
28
27
26
25
1
1
A
D
B
F
C
A
12
1
102
24
4
A
1
A
2
26
28
3
A
1
1
B
A
14
7
SP 72806
SP 83220
SP 72954
SP 71539
SP 77606
SP 54033
SP 52547
SP 42910
SP 6
5272
SP 62905
SP
11077
SP
59111
SP 43
751
SP 12
739
SP 12
738
SP
12223
SP
7878
SP 10
467
SP
9397
SP 13108
SP
152
90
SP 30
622
SP 5
5204
SP 5
6026
SP 30607
SP 3
506
4551
53
4320
90116143
20
1089
027
9610
19
6556
77
393414
747672
9258
72
34146
222601
6564
52
4320
6635
60
575046
436382
9363
14
442804
9408
53
1770
51
25009
1649
2872
6654
82
734772
4320
402972
5770
47
3338
66
4214
72
4320
1011
00
1096
359
705550
590578
3
6
SP
326
55
SP
53768
SP 4598
716494
512082
ATTACHMENT TO IPP09 - 03/12/2014 Page 21
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Wyndel Property Group
Suite 101 17 Grosvenor Street
NEUTRAL BAY NSW 2089
D466/13
LH (PDS)
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 AS AMENDED
ROADS ACT 1993, AND LOCAL GOVERNMENT ACT 1993 AS APPLICABLE
Notice to Applicant of Determination of a Development Application
Pursuant to Section 81 of the Act, notice is given that Development Application No. 466/13
proposing demolition of existing building and construction of a three storey mixed-used
building and basement carparking on land described as 479 Pacific Highway, Crows Nest
was determined by North Sydney Independent Planning Panel (NSIPP) at its meeting of
2 July 2014 by the granting of consent subject to the conditions below. Where indicated,
approval is also granted for works on public roads under the provisions of Section 138 of the
Roads Act 1993 and Section 68 of the Local Government Act 1993.
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. Dated Drawn by Received
A103, A106, A108, A109 13/12/2013 Wyndel Property Group 27/12/2013
A104B, A105A, A107B,
A110B, A111B, A112A
6/6/2014 Wyndel Property Group 10/6/2014
(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.
Original signed by Lara Huckstepp on 21/7/2014
Date determined: 2/7/14
Date operates: 21/7/14
Date lapses: 21/7/2019
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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)
External Finishes & Materials
A3. External finishes and materials must be in accordance with the submitted schedule on
DA A106 dated 13/12/2013, prepared by Wyndel Property Group and received by
Council on 27/12/2013 unless otherwise modified by Council in writing.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
B. Ancillary Matters to be Completed Prior to Issue of a Construction Certificate
Construction and Traffic Management Plan (Major DAs & sites with difficult access)
B1. Prior to issue of any Construction Certificate, a Construction and Traffic
Management Plan must be prepared. The following matters must be specifically
addressed in the Plan:
1. A plan view (min 1:100 scale) of the entire site and frontage roadways
indicating:
a) Dedicated construction site entrances and exits, controlled by a certified
traffic controller, to safely manage pedestrians and construction related
vehicles in the frontage roadways,
b) RTA approved signage type and location to manage pedestrian in the
vicinity,
c) The locations of any proposed Work Zones in the frontage roadways,
d) Locations and type of hoardings proposed,
e) Area of site sheds and the like,
f) Location of any proposed crane standing areas,
g) A dedicated unloading and loading point within the site for all construction
vehicles, plant and deliveries,
h) Material, plant and spoil bin storage areas within the site, where all materials
are to be dropped off and collected.
i) The provision of an on-site parking area for employees, tradesperson and
construction vehicles as far as possible.
j) The residents/occupiers are to be updated on a monthly basis and at key
construction stages and be provided with a phone number to contact the site
manager.
2. A detailed description and route map of the proposed route for vehicles
involved in spoil removal, material delivery and machine floorage must be
provided:
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a) Light traffic roads and those subject to a load or height limit must be
avoided at all times.
b) Once approved from Traffic Committee, a copy of the route is to be made
available to all contractors, and shall be clearly depicted at a location within
the site.
3. Traffic Control Plan(s) for the site incorporating following:
a) All Traffic control measures proposed in the road reserve that are in
accordance with the RMS publication “Traffic Control Worksite Manual”
and designed by a person licensed to do so (minimum RMS „red card‟
qualification).
b) The main stages of the development requiring specific construction
management measures are to be identified and specific traffic control
measures identified for each.
4. Waste Management Plan
A Waste Management Plan must be in accordance with the provisions of Part
B Section 19 of the North Sydney DCP 2013 must be provided. The Waste
Management Plan must include, but not be limited to, the estimated volume
of waste and method of disposal for the construction and operation phases of
the development, design of on-site waste storage and recycling area and
administrative arrangements for waste and recycling management during the
construction process.
5. Evidence of RMS concurrence where construction access is provided directly
or within 20 m of an Arterial and/or Classified Road;
6. A schedule of site inductions to be held on regular occasions and as
determined necessary to ensure all new employees are aware of the
construction management obligations. These must specify that construction-
related vehicles to comply with the approved requirements; and
7. For those construction personnel that drive to the site, the Site Manager shall
attempt to provide on-site parking so that their personnel‟s vehicles do not
impact on the current parking demand in the area.
A suitably qualified and experienced traffic engineer or consultant shall prepare the
Construction and Traffic Management Plan. The construction management measures
contained in the approved plan must be implemented in accordance with the plan
prior to the commencement of, and during, works on-site. As the plan has a direct
impact on the local road network and public amenity, the plan must be submitted to
and reviewed by Council prior to the issue of any Construction Certificate. A
certificate of compliance with this condition from Council‟s Development Engineers
as to the result of this review must be obtained and must be submitted as part of the
supporting documentation lodged with the Certifying Authority for approval of the
application for a Construction Certificate.
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RE: 479 PACIFIC HIGHWAY, CROWS NEST
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A copy of the approved Construction and Traffic Management Plan must be
kept on the site at all times and be made available to any officer of the Council
on request.
Notes:
1) North Sydney Council‟s adopted fee for certification of compliance with this
condition shall be payable on lodgement, or in any event, prior to the issue of the
relevant approval.
2) Any use of Council property will require appropriate approvals and
demonstration of liability insurances prior to such work commencing.
3) Failure to provide complete and detailed information may result in delays. It is
recommended that your Construction Management Plan be lodged with Council
as early as possible.
4) Dependent on the circumstances of the site, Council may request additional
information to that detailed above.
(Reason: To ensure appropriate measures have been considered for site access,
storage and the operation of the site during all phases of the
demolition and construction process in a manner that respects
adjoining owner‟s property rights and residential amenity in the
locality, without unreasonable inconvenience to the community)
C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated).
Dilapidation Report Damage to Public Infrastructure
C1. A dilapidation survey and report (including photographic record) must be prepared
by a suitably qualified consultant which details the pre-developed condition of the
existing public infrastructure in the vicinity of the development site. Particular
attention must be paid to accurately recording any pre-developed damaged areas so
that Council is fully informed when assessing any damage to public infrastructure
caused as a result of the development. A copy of the dilapidation survey and report
is to be submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate.
The developer may be held liable for all damage to public infrastructure in the
vicinity of the site, where such damage is not accurately recorded and demonstrated
as pre-existing under the requirements of this condition.
The developer shall bear the cost of carrying out works to restore all public
infrastructure damaged as a result of the carrying out of the development, and no
occupation of the development shall occur until damage caused as a result of the
carrying out of the development is rectified.
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A copy of the dilapidation survey and report must be lodged with North Sydney
Council by the Certifying Authority with submission of the Construction Certificate
documentation.
(Reason: To record the condition of public infrastructure prior to the
commencement of construction)
Dilapidation Report Private Property (Excavation)
C2. A full dilapidation survey and report on the visible and structural condition of all
neighbouring structures within the „zone of influence‟ of the required excavations
must be submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate. The zone of influence is to be defined as the horizontal
distance from the edge of the excavation face to twice the excavation depth.
The dilapidation report and survey is to be prepared by a consulting
structural/geotechnical engineer agreed to by both the applicant and the owner of any
affected adjoining property.
All costs incurred in achieving compliance with this condition shall be borne by the
person entitled to act on this Consent.
In the event that access for undertaking the dilapidation survey is denied by an
adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the
satisfaction of Council that all reasonable steps have been taken to obtain access and
advise the affected property owner of the reason for the survey and that these steps
have failed. Written concurrence must be obtained from Council in such
circumstances.
Note: This documentation is for record keeping purposes only, and may be used by
the developer or affected property owner to assist in any action required to
resolve any dispute over damage to adjoining properties arising from the
works. It is in the applicant‟s and adjoining owner‟s interest for it to be as
full and detailed as possible.
(Reason: To record the condition of property/ies prior to the commencement of
construction)
Dilapidation Survey Private Property (Neighbouring Buildings)
C3. A photographic survey and dilapidation report of adjoining properties No‟s. 477 &
495 Pacific Highway, Crows Nest 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.
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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)
Structural Adequacy of Adjoining Properties – Excavation Works
C4. A report prepared by an appropriately qualified and practising structural engineer
detailing the structural adequacy of adjoining properties No‟s. 477 & 495 Pacific
Highway, Crows Nest, which certifies their ability to withstand the proposed
excavation and outlines any measures required to be implemented to ensure that no
damage will occur to adjoining properties during the course of the works, must be
submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate. The measures outlined in the certified report must be
complied with at all times.
(Reason: To ensure the protection and structural integrity of adjoining
properties in close proximity during excavation works)
Sediment Control
C5. Where construction or excavation activity requires the disturbance of the soil surface
or existing vegetation, erosion and sediment control techniques, as a minimum, are to
be in accordance with the publication Managing Urban Stormwater: Soils &
Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book”
or a suitable and effective alternative method.
A Sediment Control Plan must be prepared and submitted to the Certifying Authority
for approval prior to the issue of any Construction Certificate and prior to any works
commencing. The Sediment Control Plan must be consistent with the Blue Book and
disclose:
a) All details of drainage to protect and drain the site during the construction
processes;
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b) All sediment control devices, barriers and the like;
c) Sedimentation tanks, ponds or the like;
d) Covering materials and methods; and
e) A schedule and programme of the sequence of the sediment and erosion
control works or devices to be installed and maintained.
f) Methods for the temporary and controlled disposal of stormwater during
construction.
All works must be undertaken in accordance with the approved Sediment Control
plan.
The Certifying Authority must ensure that the building plans and specifications
submitted, referenced on and accompanying the issued Construction Certificate, fully
satisfy the requirements of this condition.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites)
Waste Management Plan
C6. A Waste Management Plan is to be submitted for approval by the Certifying
Authority prior to the issue of any Construction Certificate. The plan must include,
but not be limited to:
a) The estimated volume of waste and method of disposal for the construction
and operation phases of the development;
b) The design of the on-site waste storage and recycling area; and
c) Administrative arrangements for waste and recycling management during the
construction process.
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)
External Finishes and Materials
C7. The external colours and finishes must be in accordance with the approved schedule
of finishes and materials. The Certifying Authority must ensure that the building
plans and specifications submitted, referenced on and accompanying the issued