Item - REPORTS - North Sydney Council€¦ · Val uat io n pur po se s onl y) 8 8 0 3 9 5 2 32859 1...

Item ____IPP04_______ - REPORTS -_______01/03/2017________

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 01/03/2017

Attachments:

1. Site Plan

2. Drawings

3. Landscape plans

4. View diagrams

5. Shadow diagrams

ADDRESS/WARD: 99 Bay Road, Waverton (W)

APPLICATION No: DA 208/16

PROPOSAL: Alterations and additions to dwelling including first floor rear

addition and deck

PLANS REF: Drawings numbered DA01, DA02, DA07 to DA16 (Rev.B), dated

21/12/16, drawn by Contemporary Architecture, and received by

Council on 23/12/16

OWNER: Prudence Paver

APPLICANT: Prudence Paver c/- Contemporary Architecture

AUTHOR: Susanna Cheng, Senior Assessment Officer

DATE OF REPORT: 6 February 2017

DATE LODGED: 8 June 2016

AMENDED: 23 December 2016

SUBMISSIONS: Five (original DA)

Three (amended DA)

RECOMMENDATION: Approval

Report of Susanna Cheng, Senior Assessment Officer

Re: 99 Bay Road, Waverton

EXECUTIVE SUMMARY

This development application seeks Council’s approval for alterations and additions to a dwelling

including first floor rear addition.

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

Councillors and the public. The applicant requested and was permitted to have the matter

reported to the Panel in March 2017 due to the applicant’s unavailability.

Council’s notification of the original proposal attracted five (5) submissions. Particular

concerns were raised about view loss, overshadowing, privacy and uncharacteristic

overdevelopment.

The applicant undertook design amendments to address the issues raised in the submissions.

View modelling and shadow analyses were undertaken for various design options, culminating in

the formal lodgement of an amended DA that now incorporates an increased rear setback to the

upper level, a change in roof pitches and reduction in eaves. The overall effect of the

amendments is to reduce view and shadow impacts to adjoining dwellings, at the same time

maintaining internal amenity.

The application as amended was notified between 9/1/17 and 23/1/17. A further three (3)

submissions were received. The assessment has considered these concerns as well as the

performance of the application against Council’s planning requirements.

The proposal complies with principal building envelope controls and provides for development

that is consistent with and not significantly larger than surrounding characteristic built form. The

development complies with the Building Height development standard, and the proposed site

coverage is comparable to existing and characteristic density of development in the area. The

first floor addition is set back behind the original dwelling so as to be submissive and have

minimal impacts on the conservation area.

The development will impact on views obtained across a side boundary from an adjoining

dwelling. However, the impacts are attributable to additions that comply with building height

and setback provisions. The first floor rear building line matches and does not project beyond the

adjoining dwelling and rear roof pitches have been designed to maximise retention of sightlines.

On balance, the view impacts are considered to be reasonable.

The development will not result in any material shadow impacts on adjoining dwellings. The

rear roof pitches have been designed to minimise midwinter overshadowing of neighbours.

The proposed removal of vegetation in the rear garden will be adequately compensated by

replacement plantings. The proposed landscape plan will restore landscape amenity and privacy

screening comparable to existing. Conditions are recommended to ensure installation and

maintenance of landscaping.

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

circumstances and is recommended for approval subject to conditions.

LOCATION MAP

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Re:

Property/Applicant Submittors - Properties Notified

99 Bay Road, Waverton - DA 208/16



DESCRIPTION OF PROPOSAL

The application seeks approval for alterations and additions to a dwelling (Figure 1), including:

Demolition and internal reconfiguration;

New first floor rear addition contained partially within the existing roof;

Demolition of existing deck and new rear deck; and

Landscaping.

Figure 1 – Proposed development

STATUTORY CONTROLS

NSLEP 2013

Zoning – R2 Low Density Residential

Item of Heritage – No

In Vicinity of Item of Heritage – No.122 Bay Road

Conservation Area – Bay Road Conservation Area (CA22)

Environmental Planning & Assessment Act 1979

SEPP (BASIX) 2004

SEPP No. 55 – Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The site is located on the western side of Bay Road between Ross Street and Whatmore Street

within R2 Low Density Residential zone, adjoining shop top housing zoned B1 Neighbourhood

Centre (Figure 2). The site is located within Bay Road Conservation Area and is in the vicinity a

heritage-listed house opposite at No.122 Bay Road.



Figure 2 – Site is within R2 Low Density Residential zone & Bay Rd Conservation Area

It is rectangular in shape with frontage of 6.7m to Bay Road. The property is 36m deep and falls

approximately 1.5m toward the rear boundary. The site area is 246.6m2. The site is occupied by

a single storey detached dwelling (Figure 3).

Figure 3 – Site



Surrounding development is predominantly residential, including dwellings and a shop top

dwelling adjoining to the northeast at No.97A Bay Road (Figure 4), as well as neighbourhood

shops to the northeast. Defence lands and Sydney Harbour are further to the south.

Figure 4 – Adjoining residences

RELEVANT HISTORY

The subject DA208/16 was lodged on 8/6/16. Council requested additional information and

design amendments on 21/6/16, 15/7/16, 15/8/16 & 6/9/16, in relation to stormwater, view and

solar access. An amended DA was received by Council on 23/12/16, including an increase in the

rear setback of the first floor addition, and modified roof pitch of the ground floor extension

(Figure 5).



Figure 5 – Original & amended proposals

REFERRALS

Building

The proposal would have to comply with the Building Code of Australia. Conditions can be

imposed to ensure compliance.

Engineer

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

the development, subject to conditions, including stormwater and construction traffic

management.



Heritage

The application was referred to Council’s Conservation Planner who has conducted an

assessment of the proposed works (as amended) in terms of Part 5 Clause 5.10 (Heritage

Conservation) of the North Sydney LEP 2013 and Section 13 (Heritage and Conservation) of the

North Sydney DCP 2013.

1. Heritage Status and Significance

Located within the Bay Road Conservation Area, and is identified as being a contributory

item

In the vicinity of a heritage item, being No.122 Bay Road (directly across road)

2. The property

The property contains a single storey Edwardian period rendered brick cottage with

terracotta tiled roof, set on a narrow block. The original form of the dwelling is largely

intact but it has been altered internally and extended at the rear. The property has an

uncharacteristic high front fence to Bay Road, and does not have rear lane access.

3. The proposal

The proposal is for alterations and additions to the existing cottage, including a new rear

addition and a first floor addition contained partially within the existing roof, with a

traditional style dormer to the south, an eyelid style dormer to the north, and a skillion

roofed addition at the ground level to the rear. The proposal involves some internal

reconfiguration and demolition at the rear.

4. Heritage Impact Assessment and Recommendations

An assessment of the proposed works at 99 Bay Road, Waverton, has been undertaken in

terms of Part 5 Clause 5.10 (Heritage Conservation) of the North Sydney LEP 2013 and

Section 13 (Heritage and Conservation) of the North Sydney DCP 2013.

The property contains a modest, single storey Edwardian period rendered brick cottage

with terracotta tiled roof, set on a narrow block. The original form of the dwelling is

largely intact but it has been altered internally and extended at the rear. The property

has an uncharacteristic high front fence to Bay Road, and does not have rear lane

access.

The proposal is for alterations and additions to the existing cottage, including a new rear

addition and a first floor addition contained partially within the existing roof, with a

traditional style dormer to the south, an eyelid style dormer to the north, and a skillion

roofed addition at the ground level to the rear. The proposal involves some internal

reconfiguration and demolition of non–original fabric at the rear.



The proposal is considered to be acceptable on heritage grounds. Although the

additions are very large for this site, they have been located at the rear of the original

cottage, and below and behind the roof ridge, with limited visibility form the public

domain. The original, significant form of the cottage will remain largely intact when

viewed from the street. The addition is clearly identifiable as new work, in accordance

with conservation principles.

The restoration works to the front façade will improve the presentation of the dwelling to

Bay Road.

The amendments have addressed the minor concerns raised previously [in particular,

original proposal to retain the high front fence, now amended to be a low picket fence]

and the proposal, as amended, is considered acceptable on heritage grounds.

In conclusion, no objections are raised to the proposal, as amended, on heritage

grounds, subject to the following conditions being placed on the consent, should the

application be approved:

Standard Conditions

A4 No demolition of extra fabric

C13 Colours, Finishes and Materials (Conservation Areas)

C16 Skylights

E11 Removal of extra fabric

Site Specific conditions

Weatherboards: Weatherboards are to be natural timber weatherboards or 16mm thick

composite boards with traditional profile and deep shadow lines equal to ‘Scyon Linea”.

The weatherboards are to be laid in a horizontal pattern. No approval is given for fibre

cement or other types of artificial weatherboard.

(Reason: to ensure the use of materials characteristic to the conservation area)

Metal roofing: The roof sheeting is to be traditional corrugated profile sheeting with

colorbond finish. No approval is given for flat, tray or mini-orb profile roof sheeting.


Terracotta roof tiles: The roof tiles are to be terracotta Marseilles pattern roof tiles to

match the existing tiles in both profile and colour.


Repairs to front verandah: The front verandah is to be repaired and restored where

necessary, with damaged elements replaced with the same material and to the same

detail. The tessellated tiles are to be retained.

(Reason: to ensure the retention of original fabric)

Landscaping

The proposal was referred to Council’s Landscape Development Officer who advised that none

of the vegetation within the site is subject to any tree protection order and that:



The submitted landscape plan [refer Attachment 3] represents a well considered

planting schedule to replace what is essentially a simple semi-formal English Garden

with boundary plantings for the benefit of creating a border and providing some privacy

benefits for both the subject property and its neighbouring properties. The proposed

landscaping will generally reinstate or provide for similar landscape amenity to the

existing. A reduction in density of plantings along the side boundaries would allow for

better growing conditions while providing for reasonable landscape buffer.

The Melaleuca on the adjoining property at No.97A Bay Road will be adequately

protected by the common boundary wall. A reduction in plantings on the boundaries will

achieve the desired outcome.

No objections to the development are raised on landscape grounds, subject to conditions,

including implementation and maintenance of the submitted landscape plan.

SUBMISSIONS

The owners of adjoining properties and the Waverton Precinct were notified of the proposed

development for a 14-day period, between 24 June & 8 July 2016, in accordance with section

A4 of NSDCP 2013. The notification resulted in five (5) submissions, summarised as follows:

Basis of Submissions

Site coverage; large extension breaching of land ratio

Landscape area; elevated timber deck and narrow side setback to the west should not be counted as landscape

area

Owners of No’s.101 & 97A Bay Road are concerned about overshadowing, loss of privacy, views and land

value

View sharing; first floor should be modified for view sharing with No.97A; 3D models

Privacy; 1st floor side elevation large windows should be screened/angled

Sediment fence bordering No.101 Bay Road needs to be increased to cover entire boundary

Site coverage exceeds 50%

Landscape area does not comply with DCP

I require new landscaped privacy barrier along rear fence line to mutually agreed foliage within 1 month of

building

Exterior lighting must be directed to ground level rather than towards my property

Privacy; new windows directly opposite & reduced privacy to rear deck

Overshadowing on 21 June between 9am & 12pm to windows of dining & bathroom has increased substantially

so that those rooms no longer receive any sunlight to through midwinter mornings; form of skillion roof is

contributing to impacts; changing direction of fall could be option

Site coverage increase by 3m2 is of concern only if there are shadow and privacy impacts

View impacts devastating, loss of visual amenity, sitting and standing; boats on harbour and sky; skillion roof

higher than original ridge line; deck is primary open space

Loss of light to No.101

No reference to my home in heritage report



The amended DA received by Council on 23/12/16 was not required to be notified, in

accordance with section A4 of the DCP, as it provides for a reduction in scale and associated

environmental impacts compared to the original proposal. Notwithstanding, Council notified

previous submitters between 9/1/17 & 23/1/17. The notification of amended DA resulted in

three (3) submissions, summarised as follows:

Basis of Submissions (Amended DA)

Council & residents have waited 6 months, June amendments was neither approved nor refused; is this

amendment a section 96?

Roof pitches create confusion of angles and shapes; could be later converted as upper deck

Noise, outdoor light spill and privacy are concerns with the proximity of the extended deck to the back

boundary; Protection against outdoor lighting spill and noise require more thoughtful landscaping to create a

buffer zone especially at the back boundary

Proper peripheral drainage is important to prevent flooding in garage, laundry and footpath areas in Ross

street

Just another thoughtless, selfish exercise in cramming too much building into too small a site

Removal of a 30 year old gum tree from the back shortly before the DA arrived

Currently bushes in rear garden give privacy; window of our study looks directly into their garden; trees will

be removed; I require a new privacy barrier to be planted along the fence line of mutually agreed foliage and

of sufficient height to provide complete privacy for both properties

No exterior lighting to reflect onto my property

Happy with the new plans for the property

Amendments lodged just before Christmas

Block my views from my lounge room; significant loss

Developing to absolute limit; converting 2-bedroom to 4-bedroom house

Heavily impact on property value

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:

NORTH SYDNEY LEP 2013

1. Permissibility within the zone

The site is zoned R2 Low Density Residential under the provisions of the North Sydney Local

Environmental Plan 2013 (NSLEP 2013). Development for the purposes of alterations and

additions to an existing dwelling is permissible with the consent of Council. Demolition is

permissible with consent pursuant to clause 2.7 of the LEP.

2. Residential Zone Objectives

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

objectives of the R2 Low Density Residential zone. It is considered that the proposed

development satisfies the provisions as it will maintain existing residential accommodation, as

discussed in this report.



3. LEP Compliance table

The application has been assessed against the relevant principal development standards contained

in Part 4 of NSLEP 2013 as indicated in the following compliance table. The proposal complies

with applicable development standards.

STATUTORY CONTROL – North Sydney Local Environmental Plan 2013

Site Area – 248m² Existing Proposed Control Complies

R2 Low Density Residential

Lot Size (cl.4.1) 248m² No change 230m² (min) Yes

Building Height

(cl.4.3(2)) 6.5m (ridge) 6.7m (1st floor southwest eave) 8.5m (max) Yes

Building Height

(street elevation)

(cl.4.3(2A))

5.5m (ridge) No change (main ridge)

1m (fence) 5.5m (max) Yes

4. Building Heights

The maximum building height for the site is 8.5m, except for 5.5m at the street elevation,

pursuant to clause 4.3 of NSLEP 2013. The proposed building height of up to 6.8m in the

location of the first floor skillion complies with the development standard (Figure 6).

Figure 6 – Compliant building height

The development satisfies the objectives of the building height control in clause 4.3 of the LEP,

discussed as follows:

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

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

development steps down to the rear consistent with the fall of the land.



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

proposal is within the maximum building height limit and allows for reasonable view

sharing, as discussed in the Views section in the DCP Compliance Table in this report.

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

to promote solar access for future development. The development complies with the

height limit; new shadows from the proposal do not arise from any breach of the

height limit. Reasonable light amenity will be maintained to adjoining dwellings, as

discussed in the Solar Access section in this report.

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

residents of new buildings. All new openings comply with the building height control

and will not result in any material privacy impacts, as discussed in the Visual privacy

section in the DCP Compliance Table in this report.

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

The proposed compliant building height is compatible with the scale of the subject and

surrounding dwellings. The existing main ridge height will be maintained and the house

will sit below the adjoining shop-top dwelling at No.97A Bay Road.

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

accordance with, and promotes the character of, an area. The first floor will be

accommodated in large part within the existing roof space so that the dwelling will

generally maintain a single storey scale comparable to surrounding dwellings in a densely

built neighbourhood.

5. Preservation of trees or vegetation

Clause 5.9 of NSLEP 2013 seeks to preserve the amenity of the area through preservation of trees

and other vegetation. As discussed in the Landscape Referral section, Council’s Landscape

Development Officer has advised that the trees within the site are not subject to tree preservation

orders and that the proposed landscape works will reinstate comparable landscape amenity,

including privacy screening.

6. Heritage conservation

The development has been assessed in relation to the relevant heritage conservation provisions in

clause 5.10 of NSLEP 2013 and found to be consistent with the relevant objectives. The works

will not have any detrimental impact on the significance of the contributory building or heritage

item in the vicinity of the site, or the character of the conservation area, subject to conditions, as

discussed earlier in the Heritage Referral section of this report.

7. Earthworks

The development will involve minor earthworks, for the purpose of footings and landscaping.

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

earthworks satisfy the objectives of the control; in particular, local drainage patterns and soil

stability will be maintained, and the development potential of adjoining land will not be or

detrimentally impacted by the earthworks.



SEPP (BASIX) 2004

SEPP (BASIX) requires that the subject proposal for alterations and additions to a dwelling

involving building works which exceed $50,000 be accompanied by a BASIX certificate

detailing energy efficiency commitments to be undertaken with the proposed works. It is noted

that a valid BASIX certificate has been submitted and commitments where relevant have been

reflected on the amended plans as submitted. The development is acceptable in this regard.

SEPP 55 and Contaminated Land Management Issues

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

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

residential history of the site, there is unlikely to be any issues of soil contamination that would

require remediation.

SREP (Sydney Harbour Catchment) 2005

The site falls within the Sydney Harbour Catchment Boundary Area to which the Policy applies.

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

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

North Sydney DCP 2013

The proposal is generally consistent with Section B1 of the DCP relating to residential

developments and Section C10 & C10.14 being the Character Statement for the Bay Road

Conservation Area within the Waverton/Wollstonecraft Planning Area.

DEVELOPMENT CONTROL PLAN 2013

Residential Development Complies Comments

B1.2 Social Amenity

Population mix

Maintaining residential

accommodation

Yes Existing residential accommodation will be retained.

B1.3 Environmental Criteria

Topography Yes The proposed development will involve localised earthworks only

to accommodate footings. The fall of the land toward the rear

boundary will be maintained.

Views Yes Section B1.3.6 of the DCP seeks 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 the DCP and the LEP.

A view assessment is provided below utilising the planning

principles adopted by the NSW Land & Environment court in

Tenacity Consulting v Warringah [2004] NSWLEC 140 in

accordance with section B1.3.6 P4

The assessment is informed by view diagrams prepared by the

applicant (Attachment 4) and Council officer’s site inspection

and photographs taken from the most impacted dwelling at

No.97A Bay Road.



Assessment of view impacts

(i) Assessment of views to be affected

The views affected are those of Balls Head Bay and western Sydney Harbour and district views of headlands

and foreshore bushland (Figure 7).

Figure 7 – Harbour & district views to the west and southwest of No.97A Bay Road





(ii) From where are the views obtained

The views are from the living room and deck located at the rear of a first floor (shop top) dwelling at No.97A

Bay Road. The views are obtained across a side boundary in common with the subject site from a side window of

an open plan living area and the rear deck looking toward the south and southwest (Figure 8).

Figure 8 – Side window of open plan lounge/kitchen and rear deck

(iii) Extent of impact

The extent of impacts on the shop top dwelling at No.97A Bay Road are assessed below with reference to the

submitted view montages as extracted in Figures 9 & 10.





Views lost

District bushland and sky views and interface will be reduced as viewed from standing and sitting

positions in the lounge room looking through the side window (Figures 9a & 9b); and

A glimpse of the western harbour waters, and its interface with bushland, western district and sky, will be

lost when viewed in a standing position at the glass line of the side window (Figure 9c); and

View of sky above the roof of No.101 Bay Road will be eroded as viewed from the rear deck (Figure

10b).

Living room views

Figure 9 – Views from living room of shop top dwelling at No.97A Bay Road





Rear deck views

Figure 10 – Views from rear deck of shop top dwelling at No.97A Bay Road





Views retained

Contiguous district bushland and sky views from the lounge room looking through the side window

(Figures 9a & 9c); and

Harbour water and western district views and outlook to sky and bushland from the rear deck will

generally be retained as existing (Figures 10a to 10c);

Outlook from inside the open plan living room and rear deck will generally remain the same as existing

(Figure 11).

Figure 11 – Outlook from lounge room & deck maintained

On balance, the view impacts arising from the proposed development are assessed to be minor. The proposal will

result in the loss of a particular view of the western harbour water when standing at the side window of the living

room; however, the more significant views of water and water/land interface will be retained, in particular from the

rear deck. The overall view and outlook amenity of the primary living areas of No.97A Bay Road will not be

significantly impacted by the proposed additions.

Reasonableness of proposal that is causing outlook impacts

Overall, the impacts on the outlook of surrounding dwellings arising from the development are considered to be

reasonable, on balance of the following:

The roof pitch of the ground floor extension has been reversed compared to the original proposal to fall

downhill to the southwest so as to minimise view impacts.

The proposed 1st floor level is generally compliant with principal building envelope controls; in particular, the

1st floor addition:

- complies with the maximum building height limit; it maintains and does not project above the existing

roof ridge;

- is accommodated wholly within the existing building footprint and partially within the existing roof;

- complies with minimum side setback of 1.5m; and

- aligns with and does not project beyond the rear building line of the shop top building at No.97A.

The original application has amended so as to increase the rear setback of the 1st floor addition by 2.5m so

as to align with the primary façade of No.97A Bay Road, in recognition of view impacts. Consideration has

also been given to increasing the rear setback by a further 500mm to potentially reduce view impacts.

A review of the submitted comparative view montages (Figure 12) reveals that pulling back the rear building

line of the 1st floor addition by a further 500mm would generally improve district outlook to bushland and sky

from the middle of 3 window panes in the side window of the living room of No.97A, however not yield any

material improvement to any iconic or water views.





Figure 12 – Reduction in view impacts with additional 500mm increase in rear setback of 1st floor addition

Upon review of the view modelling for a further 500mm increase in the rear setback of the upper level, it is

considered that any requirement to pull back the rear building line would be unreasonable and unwarranted, on

the balance of the following:

The improvement in views from No.97A afforded by pulling back the 1st floor level by a further 500mm

is considered to be marginal, being an increase in sky and district views within the middle window pane

of the living room side window;

Views obtained across a side boundary are more difficult to retain, and for which there the expectation of

retention of such views is less strong;

The upper level complies with the principal building envelope requirements, including building height,

side setbacks and alignment with the primary rear building line of No.97A;

Increasing the rear setback by a further 500mm would result in a reduction in the dimensions and floor

area of the upstairs Bedroom 4, from 3.6m x 3.3m (11.4m2) to 3.1m x 3.3m (9.7m2) and significantly

compromise the useability of the bedroom; and

As noted in the Views retained section above, significant aspects of the view and a broad outlook will be

maintained without pulling back the rear building line any further than the proposed alignment.

The proposed 1st floor addition is considered to be a reasonable design, and it would be unreasonable to

require any increase in the rear setback, having regard to the above assessment.





Conclusion

The proposed development will provide for reasonable and equitable view sharing and outlook amenity to

surrounding development in accordance with section B1.3.6 P2 of the DCP.

While views from the side window of the living room of No.97A Bay Road will be reduced, the extent of

impact overall is considered to be minor as significant views of water, headlands, bushland and land/water

interface, and the majority of existing outlook to the sky will be maintained from a large rear deck that directly

adjoins the living room of No.97A.

The proposed development is reasonable, being compliant with height, side and rear setback requirements. An

investigation has been undertaken of potential improvements in view amenity where the rear setback of the 1st

floor level is increased by a further 500mm; however, on balance the gains in outlook are relatively minimal

and not warranted as it would diminish the amenity of the envelope-compliant 1st floor addition.




Solar access Yes Section B1.3.7 P1 provides for 3 hours solar access between 9am &

3pm on 21 June to the main internal living areas and principal

private open space of adjoining properties.

The development will result in additional overshadowing of the

property adjoining to the southwest at No.101 Bay Road. An

assessment of the shadow impacts of the proposed development on

the affected dwellings, conducted in accordance with the principles

established by the Land and Environment Court in The Benevolent

Society v Waverley Council [2010] NSWLEC 1082, is provided

below. It is informed by an inspection of No.101 Bay Road and the

submitted shadow diagrams, extracted below.

Assessment of shadow impacts

Density

The site is a small lot situated within a densely built urban residential environment including 2-storey buildings

adjoining at No.97A Bay Road to the northeast and No.1 Ross Street to the rear of the site.

Overshadowing by fences, roof overhangs and changes in level

Shadows cast by vegetation are not included. The topography and relative levels between the site and adjoining

properties have been appreciated and taken into consideration by way of the submitted shadow diagrams and

physical inspections of affected property.



Identification of additional shadows & extent of impacts

Main internal living area window(s) of affected No.101 Bay Road

Section B1.3.7 P1 provides for 3 hours solar access between 9am & 3pm on 21 June to the main internal living

areas and principal private open space of adjoining properties.

An assessment of the amount of sunlight lost, as well as the amount of sunlight retained, is provided below with

reference to the submitted shadow diagrams (Attachment 5) as extracted in Figures 13 & 14 below.

Amount of sunlight lost

The majority of sunlight to the upper window pane of a bedroom will be lost between 11.30am & noon;

A portion of the upper pane of the living room window will be lost between 11.30am & noon;

Amount of sunlight retained

Sunlight to the dining room window would improve between 11.00am & noon;

Sunlight to the rearmost windows on the side elevation currently associated with bathroom & WC will

generally improve as a result of the development;

Daylight access through the hallway window will be maintained as existing; and

Sunlight access to the rear patio and garden will not be impacted by shadows from the additions.



Figure 13 – Shadows to bedroom & living room windows toward front of No.101 Bay Road



Figure 14 –Shadows to dining room window toward rear of No.101 Bay Road

Although the proposed development will result in a reduction in sunlight access to the living room of No.101 Bay

Road, it is considered that a reasonable level of daylight amenity will nonetheless be retained by way of the lounge

room window and as supplemented by the hallway window (Figure 15a & b). Sunlight to a side window located

in the middle of a side breezeway and within a densely built urban context is harder to protect and the claim to

retain it is not as strong. It is also noted that the proposed development will provide for improved solar access to

the dining room window which is also supplemented by light from the hallway window (Figure 15c & d).

Figure 15 –Lounge & dining rooms supplemented by light from hallway window



Design

The design is considered to be reasonable and satisfactory in relation to shadow impacts; in particular, the

proposal:

Complies with Building Height development standard;

Provides for more than 900mm minimum southern side setback;

Complies with minimum side setback of 1.5m at 1st floor level;

Provides a rear setback generally consistent with existing and adjoining dwellings;

Near-compliant (2% variation) generally characteristic site coverage; and

Fall of skillion roof to the south western boundary minimises shadow impacts.

Solar access - Conclusion

Upon a balanced consideration of the amenity lost and retained for the affected property at No.101 Bay Road,

and the appropriateness and reasonableness of the design response to the subdivision pattern and density of

development, it is considered that the proposed development will allow for the adjoining dwelling at No.101

Bay Road to maintain adequate and reasonable levels of solar amenity consistent with the solar access

objectives in the DCP.




Privacy

(NE side windows)

Yes New openings to the side and rear elevations will not result in any

unreasonable privacy impacts; in particular:

Windows facing No.97A Bay Road

Ground floor windows

Ground level side window W02 faces toward a boundary wall

and is a secondary opening to an open plan living room that has

primary orientation to the rear yard;

Window W03 to the open plan living area comprises frosted

highlight windows.

1st floor windows

1st floor windows W14 & W15 will provide ventilation and

light to a bathroom and wardrobe;

1st floor window W16 will be a hamper window that will

overlook a roof and is a secondary opening to a bedroom with a

primary orientation to the rear yard;

All new openings comply with minimum side setback

requirements.





Privacy

(SW side windows)

Yes Windows facing No.101 Bay Road

Ground floor windows

W05 is a narrow vertical window that is a secondary window

for the plan living area, and replaces a side outlook from the

existing deck;

W06 to the dining room will be set back 1.6m from boundary

and directly face small service windows of No.101;

W08, W09 & W10 will be narrow vertical windows to

service/utility rooms;

W11 & W12 at ground level are existing bedroom windows.

1st floor windows

W13 will be a small dormer to a wardrobe with an outlook to

the roof of No.101; and

W19 will be a secondary side window to the upstairs bedroom;

a condition is recommended to require frosted glass up to 1.5m

above finished floor level, to minimise sightlines to the ground

floor windows of No.101 while maintaining view amenity to the

subject dwelling.

Privacy

(rear windows)

Yes Rear windows facing No.1 Ross Street

The rear patio doors will be set back 9.5m from the rear boundary

wall and directly overlook the subject rear yard. The rear deck will

be level with the ground floor level of the dwelling and well below

the openings of No.1 Ross Street to the rear.

The 1st floor rear window W17 will be set back 16.8m from the rear

boundary, which provides adequate separation in consideration of

its bedroom use and considered reasonable in a densely built urban

environment.

Privacy

(rear deck)

Yes Rear deck

The proposed deck will be 1 to 1.5m above natural ground level;

however, is considered reasonable on balance of the following:

the useable deck area will be limited to 12.9m2 (3.7m x 3.5m);

the deck will be set back 900mm and 1.5m from a wall to the

northeast and boundary fence to the southwest, respectively;

the deck will be 6.1m from the rear boundary and below

neighbours’ windows;

the deck is for a single occupancy dwelling with an intensity of

use similar to the existing deck; and

the proposed landscaping will generally reinstate or provide for

similar landscape amenity to the existing, including privacy

screening to adjoining property to the rear.

B1.4 Quality Built Form

Context Yes The proposal generally responds appropriately to the subject

dwelling, adjoining built form and density of development.

Subdivision pattern Yes Existing lot size and orientation will be maintained.





Streetscape Yes The proposed replacement of an uncharacteristic high brick wall

with a low picket front fence will provide for a more characteristic

and consistent streetscape. Conditions are recommended for

protection of a street tree adjacent the site.

Siting Yes The dwelling will continue to be sited forward on lot addressing the

street while maintaining a small front yard and larger rear garden, in

accordance with character statement C10.14.6 P1.

Setbacks (front) Yes Front setback

No change is proposed to the existing front setback.

Setbacks (side) Yes Side setbacks

The ground floor additions will be set back 900mm and 1.6m from

the north eastern and south western side boundaries, respectively,

which complies with the minimum of 900mm at this level.

The 1st floor will be set back 1.5m from the side boundaries, as

required under section B1.4.6 P2, except in the location of the stair

which will be set back 1m from the south western side boundary;

this variation is considered to be reasonable as it is minor and

localised, and will not result in any material built form or amenity

impacts.

Setbacks (rear) Yes The proposed ground level rear setback will project 1m beyond

the rear building line of semi-detached dwellings at No’s.101 & 103

Bay Road adjoining to the southwest (Figure 16). The variation is

considered to be minor and generally consistent with the adjoining

dwellings. Adequate building separation is achieved, with shadow

and other amenity impacts reduced by means of a 1.6m side setback

from the south western boundary, being 700mm in addition to the

minimum requirement under section B1.4.6 P2.

Figure 16 – Proposed rear setbacks at ground & 1st floor levels relative to adjoining dwellings





Setbacks (rear)

(continued)

Yes The proposed 1st floor level rear building line will match the

primary face of the shop top dwelling at No.97A Bay Road

excluding the balcony deck. The proposed rear building will

preserve reasonable view amenity to the adjoining dwelling at

No.97A Bay Road, as discussed in the Views section above in this

report.

Form, massing & scale Yes The development will continue to present as a single storey

detached dwelling to Bay Road, with simple skillion forms,

stepping down to the rear.

Built form character Yes The contribution of the property to the conservation area, as a single

storey period detached cottage, will be maintained.

Dwelling entry Yes Existing primary entry from Bay Road will be retained.

Roofs Yes Front gables and chimneys will be retained, with skillion roofs at

rear.

Dormers Yes The proposed dormer to the south western roof plane will be below

the main ridge and centrally located within the south western roof

plane so as to have limited visibility from the street. The proposed

dormer is associated with a wardrobe use overlooking a

neighbouring roof, and will not result in any adverse privacy

impacts.

Colours & materials Yes The proposed external lightweight walls, timber decking and

joinery, and metal skillion roofs are generally compatible with the

subject and surrounding development, subject to conditions

recommended by the Conservation Planner.

Front fences Yes The existing uncharacteristic high brick wall will be replaced with a

characteristic low timber picket fence resulting in an improved

streetscape.

B1.5 Quality Urban Environment

High quality residential

accommodation

Yes The development will improve amenity for the subject dwelling

while maintaining reasonable amenity to surrounding dwellings, as

discussed in this report.

Lightwells &

ventilation

Yes All habitable rooms will have access to natural light and ventilation

by means of operable windows or doors, with skylights providing

supplementary daylight only.

Safety and security Yes A new front fence will provide site security.

Vehicular access & car

parking

N/A There is no on-site parking and none is proposed.

Site coverage No The existing and proposed site coverage do not comply.

Site area = 246.6m2 Existing Proposed Control Complies

Site Coverage (lot size

230-499m2) (cl.B1.5.5)

50.8%

(125.3m2) 52.2% (128.7m2)

50% (123.3m2)

(max) No





Site coverage

(continued)

The proposed development is assessed below as against the

objectives of the site coverage provision and found to be

satisfactory despite the variation. The proposed site coverage is

supported in this case, having regard to the constraints and context

of the site, discussed as follows:

O1. To ensure that development is balanced and in keeping with

the optimum capacity of the site with no over development. The

property has the capacity to accommodate a 3.4m2 or 1.4%

increase in site coverage, on balance of the following

considerations:

The site coverage increase is in large part attributable to the

proposed reorientation and extension of the existing rear wing

in conjunction with an increase in the south western side

setback in this location (Figure 17);

The increase in site coverage is associated with a single level

rear wing and will not give rise to any material impacts on the

amenity of neighbours and allowing for increased soft

landscaping compared to existing; and

The proposed increment of 1.4% site coverage compared to

existing is relatively minor, however, noting that it is maximum

tolerance in terms of capacity of the site.

Figure 17 – Increase in site coverage largely attributable to reorientation & minor increase to rear addition

O2. To ensure that development promotes the existing or desired

future character of the neighbourhood. The proposed site

coverage of 52.2% exceeds that of surrounding small lots for which

site coverage is generally between 43% & 48% (Figure 18).





Figure 18 –Site coverage for comparably sized sites (230-499m2)

Site coverage

(continued)

Nonetheless, the proposed variation of 2.2% above maximum site

coverage is considered to be minor, generally consistent with and

not significantly above the desired site coverage as envisaged for

the area.

Some of the impacts of the proposed site coverage variation are in

part ameliorated by a significant increase in soft landscaping and

reduction in paved areas so as to bring the property into compliance

in relation to the landscape and un-built upon area provisions.

The built form and landscape character of the area will not be

detrimentally impacted by the proposed minor variation.

O3. To control site density. The existing site density and intensity

of use will generally be maintained similar to existing.

O4. To limit the building footprint so as to ensure adequate

provision is made for landscaped area and private open space.

The proposed site coverage allows for useable and compliant

landscape and un-built upon areas.

Landscape area Yes The development will provide for increased and compliant

landscape area:

Existing Proposed Control Complies

Landscape Area

(cl.B1.5.6)

17.2%

(42.5m2) 35.9% (88.65m2) 30% (74m2) (min) Yes





Un-built Upon Area

(cl.B1.5.6)

32%

(78.8m2) 11.9% (29.24m2) 20% (49.3m2) (max) Yes

The development satisfies the objectives of the landscape area

provision, discussed as follows:

(a) Promote the character of the neighbourhood. The proposed

front garden setting and landscaped rear garden are characteristic of

the locality.

(b) Provide useable private open space for the enjoyment of

residents. The primary living area will open directly onto an open

deck set within a landscaped rear garden.

(c) Provide a landscaped buffer between adjoining properties.

The proposed landscaping includes perimeter plantings that will

provide privacy amenity to adjoining properties.

(d) Maximise retention and absorption of surface drainage

water on site. The development will increase soft landscaped area

and improve on-site stormwater retention.

(e) Minimise obstruction to underground water flow. The

proposal does not involve any earthworks that would obstruct

underground water flows.

(f) Promote substantial landscaping, that includes the planting

of trees that when mature will have significant canopy cover. The

proposed landscaping includes a feature Crepe Myrtle in the front

yard, and rough tree ferns and camellias in the rear garden.

(g) Control site density. The proposed site coverage, landscape

and un-built upon areas are generally consistent with existing and

compatible within the densely built urban area.

(h) Minimise site disturbance. The proposal involves minor

earthworks only for the purpose of footings and landscaping.

(i) Contributes to streetscape and amenity. The existing front

wall and paved courtyard will be replaced with a low front fence

and landscaped front garden.

(j) Allows light to penetrate between buildings. The medium

height and foliage of the selected plants will allow for penetration of

light between buildings. The plantings are generally appropriate to

the growing conditions so as to provide a balance of privacy, solar

access and shade.

Landscape area

(continued)

(k) Encourage the provision of space for biodiversity

conservation and ecological processes. The development will

increase soft landscaped areas within the site.

Excavation Yes The proposal involves minor earthworks to accommodate footings

and landscaping; conditions are recommend to protect adjoining

property and amenity.





Landscaping Yes The proposed landscaping will generally reinstate or provide for

similar landscape amenity to the existing, including privacy

screening to adjoining properties.

Front gardens Yes Existing hard paving in the front yard will be reduced to an entry

path only, with soft landscaping to be provided on either side.

Private open space Yes The development will provide for at least 40m2 private open space,

comprising ground rear deck connected to a rear garden, and a front

landscaped courtyard.

Garbage storage

Site facilities

Yes The dwelling will maintain natural clothes drying and bins storage

areas.

B1.6 Efficient Use of Resources

Energy efficiency Yes All habitable rooms in the dwelling will have access to natural light

and ventilation. A BASIX certificate has been submitted.

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 N/A

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues N/A

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979



SUBMITTERS CONCERNS

The issues raised in the submissions are addressed below.

(a) Views

Comment: The proposed development will allow for reasonable view sharing for adjoining

properties. The view impacts arising from the development are assessed to be minor; while

part of a water view will be lost, view amenity will be largely retained, in particular, water

and district bushland views and an outlook to the sky from the primary open space on the

rear deck. The protection of views to a lounge room window obtained across a side

boundary is more difficult and the case to maintain this view is less strong.

The proposed development represents a reasonable design that complies with height and

setback provisions; the rear building line of the upper floor is in alignment with that of the

affected neighbour, and the lower level roof pitch designed to reduce impacts. A further

increase in the rear building alignment of the upper floor would allow for a marginal

improvement to generally sky and district outlook that is obtained across a side boundary,

however, would significantly compromise the useability of the proposed bedroom.

(b) Overshadowing

Comment: The proposed development will result in loss of half an hour of midwinter

sunlight to a lounge room window of the adjoining property to the southwest at No.101

Bay Road, however, is considered reasonable as the proposed height and side setbacks are

compliant, and the change in roof pitch to fall towards the affected property will minimise

shadow impacts. It is also noted that the demolition of the south western wall of the

existing rear wing and provision of an increased setback in this location will allow for

improved solar access to the dining room window. Overall, the solar amenity of No.101

Bay Road is considered to be reasonable and acceptable.

(c) Privacy

Comment: First floor level windows will not result in adverse privacy impacts as they are

generally highlight and hamper windows with outlook to walls and roofs, with the

exception of side bedroom window W19 for which a condition is recommended to provide

frosted glass up to 1.5m above finished floor level to maintain reasonable privacy to

No.101 Bay Road.

The rear patio doors and deck, and the 1st floor rear bedroom window will be

adequately set back from the rear boundary so as not to have any significant amenity

impacts on No.1 Ross Street adjoining to the rear. The rear deck will be at the same

level as the ground level living room and below the rear-adjoining dwelling in Ross

Street.

A condition is recommended for exterior lighting to be controlled so as not to cause any

nuisance glare.



(d) Site coverage

Comment: The proposed increase in site coverage of 1.4% compared to existing is

considered minor and acceptable having regard to the site constraints and context. The

proposed site coverage will provide for characteristic density of development and

landscaped area despite the variation. The building footprint is sufficiently set back as to

maintain reasonable amenity to adjoining properties.

(e) Landscaping

Comment: The proposal does not seek to remove any trees. The proposed development

complies with soft landscaping requirements, noting that the rear deck is not included as

landscape area. The proposed landscape plan includes species and density of plantings that

will provide for adequate buffer and privacy to adjoining properties similar to existing.

Conditions are recommended to ensure implementation and maintenance of the approved

landscape works.

(f) Built form

Comment: The proposed roof pitches are skillion roofs at the rear of the dwelling not

visible from the street and in accordance with the area character and the DCP. The pitches

are two primary directions only and appropriately designed to mitigate shadow and view

impacts.

(g) Overdevelopment

Comment: The proposal seeks to convert the existing 3-bedroom dwelling to a 4-bedroom

dwelling, involving a minor net increase in the floorplate and upper bedroom

accommodated in part within an extension of the existing pitched roof space. The increase

in accommodations is not considered to be excessive and has been designed to be generally

within the numeric height and setback controls and maintaining reasonable streetscape and

residential amenity within a densely built urban environment.

(h) Sediment and flooding

Comment: Standard conditions are recommended to provide for control of site sediment

during construction. Council’s Development Engineer has reviewed the submitted concept

stormwater plan and found it to be satisfactory, subject to conditions.

(i) Process

Comment: The amended DA was formally lodged after working through various design

options were explored by the applicant, including setbacks and roof design and to conduct

modelling of impacts. The amended DA provides for a reduced building envelope and

lesser impacts compared to the original proposal, and as such was not required to be

notified, in accordance with the DCP. The application was notified nonetheless to previous

submitters, who were given a 2-week period to respond.



(j) Property value

Comment: The proposed development is generally consistent with relevant planning

controls and provisions. The impact on property values is not a relevant consideration.

CONCLUSION

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

Plan 2013 and the North Sydney Development Control Plan 2013.

The proposed development complies with the building height development standard and provides

for compliant setbacks and landscaped area.

The proposed height, setbacks and roof design provide for reasonable view sharing, and the

development will maintain adequate solar and privacy amenity to adjoining properties.

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

Act 1979, the application is considered to be satisfactory and therefore can be approved.

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. 208/16 for alterations and additions to a dwelling

including first floor rear addition and deck, on land at 99 Bay Road, Waverton, subject to the

attached standard conditions and following site specific conditions:-

Window W19

C20. Window W19 on the south western façade on 1st floor level shall have frosted

glass up to 1.5m above finished floor level.

The Certifying Authority must ensure that the building plans and specifications

submitted by the Applicant, referenced and accompanying the issued Construction

Certificate, fully satisfy the above.

(Reason: Privacy; view amenity)

Weatherboards

C21. Weatherboards are to be natural timber weatherboards or 16mm thick composite

boards with traditional profile and deep shadow lines equal to ‘Scyon Linea”.

The weatherboards are to be laid in a horizontal pattern. No approval is given for

fibre cement or other types of artificial weatherboard.






(Reason: To ensure the use of materials characteristic to the conservation area)

Metal roofing

C22. The roof sheeting is to be traditional corrugated profile sheeting with colorbond

finish. No approval is given for flat, tray or mini-orb profile roof sheeting.





Terracotta roof tiles

C23. The roof tiles are to be terracotta Marseilles pattern roof tiles to match the

existing tiles in both profile and colour.





Repairs to front verandah

C24. The front verandah is to be repaired and restored where necessary, with damaged

elements replaced with the same material and to the same detail. The tessellated

tiles are to be retained.




(Reason: To ensure the retention of original fabric)

Works within boundary

C25. All works, including footings, eaves and gutters, shall be within the subject site

except with the express written permission of any affected owner(s) of adjoining

properties.






(Reason: To clarify consent)

Service adjustments

E22. Where required, the adjustment or inclusion of any new utility service facilities

must be carried out by the person acting on the consent and in accordance with the

requirements of the relevant utility authority. These works shall be at no cost to

Council. It is the Applicant’s full responsibility to make contact with the relevant

utility authorities to ascertain the impacts of the proposal upon utility services at

the appropriate stage of the development (including water, phone, gas and the

like). Council accepts no responsibility whatsoever for any matter arising from its

approval of this application involving any influence upon utility services provided

by another authority.

Support for neighbouring buildings

F9. 1) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an

adjoining allotment of land, the person causing the excavation to be made.

a) Must preserve and protect the building from damage;

b) If necessary, must underpin and support the adjoining building in an

approved manner Subject to adjoining owner’s consent); and

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

the footings of a building on an adjoining allotment of land, give notice

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

furnish particulars of the excavation to the owner of the building being

erected or demolished.

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

cost of work carried out for the purposes of this clause, whether carried out

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

land.

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

place.

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

adjoining properties from potential damage)

Maintenance of Approved Landscaping

I2. The owner of the premises at No.99 Bay Road, Waverton is to maintain the

landscaping approved by this consent in accordance with condition G9

Landscaping.



Any replacement plants required shall be selected to maintain similar mature

height, canopy and density of foliage.

(Reason: To ensure provision of landscape amenity)

Susanna Cheng David Hoy

SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS

Stephen Beattie

MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

99 BAY ROAD, WAVERTON

DEVELOPMENT APPLICATION NO. 208/16

A. Conditions that Identify Approved Plans

Development in Accordance with Plans/documentation

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

documentation and endorsed with Council’s approval stamp, except where amended

by the following conditions of this consent.

Plan No. Issue Title Drawn by Received

DA07 B Ground Plan, Part 1 Contemporary Architecture 23/12/16

DA08 B Ground Plan, Part 2 Contemporary Architecture 23/12/16

DA09 B Level 1 Plan, Part 1 Contemporary Architecture 23/12/16

DA10 B Level 1 Plan, Part 2 Contemporary Architecture 23/12/16

DA11 B Roof Plan Contemporary Architecture 23/12/16

DA12 B Elevation SE, E1 & E2 Contemporary Architecture 23/12/16

DA13 B Elevation E2 & E4 Contemporary Architecture 23/12/16

DA14 B Section A & B Contemporary Architecture 23/12/16

DA15 B Section C, D & E Contemporary Architecture 23/12/16

DA16 B Section F & G Contemporary Architecture 23/12/16

(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.


accordance with the determination of Council, Public Information and

to ensure ongoing compliance)

ATTACHMENT TO IPP04 - 01/03/2017


DEVELOPMENT APPLICATION NO. 208/16 Page 2 of 32

September 2013 v1

No Demolition of Extra Fabric

A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

External Finishes & Materials

A4. External finishes and materials must be in accordance with the submitted schedule

DA40 (Rev.B) dated 30/1/17, prepared by Contemporary Architecture and received by

Council on 30/1/17 unless otherwise modified by Council in writing.


accordance with the determination of Council, Public Information)

B. Matters to be Completed before the lodgement of an Application for 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 submitted with application form: “To Satisfy DA Consent

Condition” and approved in writing from Council. 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) RMS approved signage type and location to manage pedestrian in the vicinity,

c) Turning areas within the site for construction and spoil removal vehicles,

allowing a forward egress for all construction vehicles on the site,

d) The locations of any proposed Work Zones in the frontage roadways (to be

approved by Council’s Traffic Committee),

e) Locations and type of hoardings proposed,

f) Area of site sheds and the like,

g) Location of any proposed crane standing areas,

h) Proposed maximum size for construction vehicles/trucks,

i) A dedicated unloading and loading point within the site for all construction

vehicles, plant and deliveries,

j) Material, plant and spoil bin storage areas within the site, where all materials are

to be dropped off and collected.

k) The provision of an on-site parking area for employees, tradesperson and

construction vehicles as far as possible.




September 2013 v1

l) 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:

a) Light traffic roads and those subject to a load or height limit must be avoided at

all times.

b) Once approved from North Sydney Council, 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. 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.




September 2013 v1

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.

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.




September 2013 v1

The developer may be held liable for all damage to public infrastructure in the vicinity

of the site, where such damage is not accurately recorded and demonstrated as pre-

existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public

infrastructure damaged as a result of the carrying out of the development, and no

occupation of the development shall occur until damage caused as a result of the

carrying out of the development is rectified.

A copy of the dilapidation survey and report must be lodged with North Sydney

Council by the Certifying Authority with submission of the Construction Certificate

documentation.

(Reason: To record the condition of public infrastructure prior to the

commencement of construction)

Dilapidation Report Private Property (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)




September 2013 v1

Dilapidation Survey Private Property (Neighbouring Buildings)

C3. A photographic survey and dilapidation report of adjoining properties No’s. 97A, 97B

and 101 Bay Road, Waverton 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.


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 – Earthworks

C4. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining properties No’s.97A, 97B and 101 Bay

Road, Waverton, which certifies their ability to withstand the proposed earthworks

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


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)




September 2013 v1

Structural Adequacy of Existing Building

C5. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the

proposed additional, or altered structural loads during all stages of construction shall

be submitted to the Certifying Authority for approval prior to issue of any

Construction Certificate. The certified report must also include all details of the

methodology to be employed in construction phases to achieve the above

requirements. The methodology in the certified report must be complied with at all

times.

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

Sediment Control

C6. 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.


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)




September 2013 v1

Waste Management Plan

C7. 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)

Colours, Finishes and Materials (Conservation Areas)

C8. The finishes, materials and exterior colours shall be complementary to the

architectural style of the original building and sympathetic to the character of the

Conservation Area. A schedule of finishes, materials and external colours shall be

submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate. The Certifying Authority must ensure that the building plans

and specifications submitted fully satisfy the requirements of this condition prior to

the release of the Construction Certificate.

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

complementary to the Conservation Area.)

Skylight(s)

C9. Skylight flashing(s) and frame(s) to be coloured to match the roof material.

Skylight(s) to sit no higher than 100mm above roof plane when in a closed position.

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



submitted fully satisfy the requirements of this condition.

(Reason: To minimise the visual impact of the skylight(s) on the roof plane)




September 2013 v1

Roofing Materials - Reflectivity

C10. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected

roofing material must not cause a glare nuisance or excessive reflectivity to adjoining

or nearby properties. Plans and specifications which comply with this condition must

be submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate. The Certifying Authority must ensure that the building plans

and specifications submitted, referenced on and accompanying the issued

Construction Certificate, fully satisfy the requirements of this condition.

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

materials does not occur as a result of the development)

Work Zone

C11. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be

issued by the Council prior to the issue of any Construction Certificate.

Work Zones are provided specifically for the set down and pick up of materials and

not for the parking of private vehicles associated with the site. Works Zones will

generally not be approved where there is sufficient space on-site for the setting down

and picking up of goods being taken to or from a construction site. If the Works Zone

is approved by the Committee, the Applicant must obtain a written copy of the related

resolution from the North Sydney Local Traffic Committee and submit a copy of this

to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of

the Committee, including installation of the necessary ‘Work Zone’ signage and

payment of any fees, must occur prior to commencement of any works on the site.

Further, at the expiration of the Work Zone approval, the developer is required to

remove the Work Zone signs and reinstate any previous signs, all at the developer's

cost. The requirements imposed by the Committee on the Work Zone permit (or

permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Maintain Property Boundary Alignment Levels

C12. Except where otherwise approved by Council, the property boundary alignment levels

must match the levels which existed prior to the commencement of works. Plans and

specifications which document existing and proposed levels adjacent to the site

boundaries and which comply with the requirements of this condition must be

submitted to the Certifying Authority for approval prior to the issue of any

Construction Certificate.




September 2013 v1


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

satisfy the requirements of this condition.

(Reason: To ensure interface between property and public land remains uniform)

Stormwater Management and Disposal Design Plan – Construction Issue Detail

C13. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified hydraulic design engineer. The site

drainage management plan must detail the following requirements of North Sydney

Council:

a) Compliance with the latest revision of: BCA drainage requirements, Councils

Engineering Performance guide and current Australian Standards and

guidelines, such as AS/NZ 3500.3.2003, National Plumbing and Drainage Code.

b) Any works on Council’s infrastructure (including rectifying works on: footpath,

grass verge, kerb, gutter and/or driveway crossing) that are reverting to Council

care and control, must be approved from Council prior to commencement of

construction. To obtain the permit, an application must be made to Council on a

‘To satisfy DA condition of consent” form with payment of the adopted

assessment/inspection fees.

c) Stormwater runoff and subsoil drainage generated by the approved dwellings

must be conveyed in a controlled manner by gravity, as proposed, to existing

Council’s storm water pit. When a direct connection to the pit option is

implemented then the pipeline within the footpath area shall have a minimum

cover of 300 mm.

d) Video inspection must be carried out of completed drainage works that are to

revert to council and a video tape forwarded to Council’s development engineer

to support the certification. Bonds held by Council will be returned after receipt

of satisfactory information.

e) The stormwater drainage system shall be designed for an average recurrence

interval (A.R.I.) of 1 in 20 years.

f) All redundant stormwater pipelines within the footpath area shall be removed

and the footpath and kerb reinstated.

g) Provision is to be made for the collection and disposal in an approved manner

of any overland flow entering the subject property, or concentrated as a result of

the proposed works.

h) Surface inlet pits must be located to catch surface flows, and must be provided

at all pipe junctions, changes in pipe direction exceeding 45 degrees and at the

site boundary (within the property) prior to connection to the public drainage

system and must be of sufficient size to accept the flow.

i) All sub-soil seepage drainage shall be discharged via a suitable silt arrestor pit.

Sign must be installed adjacent to pit stating “This sediment /silt arrestor pit

shall be regularly inspected and cleaned”. Details of all plans certified as being

adequate for their intended purpose and complaint with the provisions of AS

3500.3.2 by an appropriately qualified and practising civil engineer shall be

submitted with the application for a Construction Certificate.




September 2013 v1

j) The design and installation of the rainwater reuse system (rainwater tank) shall

comply with DCP 2013 requirements. Overflow from the rainwater reuse devise

must be conveyed in a controlled manner by gravity to the stormwater disposal

system. Rainwater Tank must be plumbed to appropriate end uses (i.e. external

taps, toilet flushing, laundry, water features, car washing or garden irrigation) to

ensure sufficient use of tank water so that capacity exists to accommodate rain

water from storm events.

k) The stormwater drainage management plan required by this condition must

incorporate rainwater reuse measures (such as a rainwater tank integrated with

the stormwater system) so as to achieve a reduction in drainage discharge rate

(comparable to predevelopment situation).

l) Prevent any stormwater egress into adjacent properties by creating physical

barriers and surface drainage interception.

Details demonstrating compliance are to be submitted with all other drainage details

to Council for approval (with application “To satisfy DA condition of consent”) prior

to issue of any Construction Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that the

approved drainage plan and specifications, satisfying the requirements of this

condition, is referenced on and accompanies the Construction Certificate. The

measures shown on the approved stormwater management plan, must be implemented

on site prior to issue of the Occupation Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and

Gutter, Footpaths, Vehicular Crossing and Road Pavement

C14. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $6,500.00 to be held by Council for the

payment of cost for any/all of the following:

a) making good any damage caused to any property of the Council as a

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

b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls)

required in connection with this consent

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

the work is completed.

The security required by this condition and in the schedule contained later in these

conditions must be provided by way of a deposit with the Council; or other such

guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee

provided as security must name North Sydney Council as the nominated beneficiary

and must not be subject to an expiry date.


http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#environment

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s4.html#control



September 2013 v1

The security will be refundable following the expiration of 6 months from the issue of

any final Occupation Certificate or completion of public work required to be

completed (whichever is the latest) but only upon inspection and release by Council’s

Engineers.

Council shall have full authority to make use of the bond for such restoration works as

deemed necessary by Council in circumstances including the following: -

where the damage constitutes a hazard in which case Council may make use of

the security immediately;

the applicant has not repaired or commenced repairing damage within 48 hours

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

works;

works in the public road associated with the development are to an

unacceptable quality; and

the Certifying Authority must ensure that security is provided to North Sydney

Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure)

Tree Bond for Public Trees

C15. Prior to the issue of any construction certificate, security in the sum of $6,000.00 must

be provided to Council for the protection of trees in public places, including the

making good of any damage caused to such trees. The security is to be provided in

accordance with the Schedule below.

The security required by this condition and in the schedule contained later in these

conditions must be provided by way of a deposit with the Council; or other such

guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee

provided as security must name North Sydney Council as the nominated beneficiary

and must not be subject to an expiry date.

The security will be refundable following the expiration of 6 months from the issue of

any final Occupation Certificate but only upon inspection and release by Council's

Landscape Development Officer.

If any tree is removed or damaged Council may deduct from this security the

reasonable cost of replacement with a tree of the same species and to a similar stage of

growth it would have attained at the completion of the work.

In the case of any tree, which cannot be replaced with a similar specimen, the security

for that tree will be forfeited to Council and used to provide replacement street

plantings.




September 2013 v1

SCHEDULE

2 x Bottlebrush sp growing in grass verge outside property

(Reason: Protection of existing environment public infrastructure, community

assets and significant trees)

Asbestos Material Survey

C16. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or

otherwise of asbestos contamination and, if asbestos contamination is present, making

recommendations as to the work required to safely address the contamination.

Any demolition works or other works identified in the report as having to be carried

out must be carried out in accordance with the recommendations of the report and the

following:

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

contractor;

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

WorkCover Authority in relation to the removal, handling and disposal of

material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS

REMOVAL IN PROGRESS” must be erected in a visible position at the

boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof

of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the

issue of any Construction Certificate. The Certifying Authority must ensure that the

report, and other plans, referenced on and accompanying the issued Construction

Certificate, fully satisfy the requirements of this condition.

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

building is not put at risk unnecessarily)

Location of Plant

C17. All plant and equipment (including but not limited to air conditioning equipment) is to

be located at ground floor level and is not to be located on any roof. 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: Minimise impact on surrounding properties, improved visual

appearance and amenity for locality)

Air Conditioners in Residential Premises

C18. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control)

Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and

must not:

(a) emit a noise that is audible within a habitable room in any affected residence

(regardless of whether any door or window to that room is open);

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

Holiday; or

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

(b) cause an LAeq(15min) which exceeds the RBL background noise level by

more than 5dB when measured at the boundary of any affected residence. The

modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy

will be applied.

“affected residence” includes residential premises (including any lot in the strata

scheme or another strata scheme), premises for short-term accommodation and

hospitals.

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

Terms in this condition have the same meaning as in the Noise Guide for Local

Government and the Industrial Noise Policy published by the NSW Environment

Protection Authority.

(Reason: To maintain residential amenity)

Security Deposit/ Guarantee Schedule

C19. All fees and security deposits/ guarantees in accordance with the schedule below must

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

Security deposit/ guarantee Amount ($)

Street Tree Bond (on Council Property) 6,000.00

Footpath Damage Bond 1,000.00

Drainage Construction Bond 5,500.00

TOTAL BONDS $12,500.00

The security required by the above schedule must be provided by way of a deposit

with the Council; or other such guarantee that is satisfactory to Council (such as a

bank guarantee). Any guarantee provided as security must name North Sydney

Council as the nominated beneficiary and must not be subject to an expiry date.

(Reason: Compliance with the development consent)




September 2013 v1

BASIX Certificate

C20. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

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

Certificate No. (A240781_02) for the development are fulfilled. Plans and

specifications complying with this condition must be submitted to the Certifying

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

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

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

requirements of this condition.

(Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements)

Window W19

C21. Window W19 on the south western façade on 1st floor level shall have frosted glass up

to 1.5m above finished floor level.




(Reason: Privacy; view amenity)

Weatherboards

C22. Weatherboards are to be natural timber weatherboards or 16mm thick composite

boards with traditional profile and deep shadow lines equal to ‘Scyon Linea”. The

weatherboards are to be laid in a horizontal pattern. No approval is given for fibre

cement or other types of artificial weatherboard.





Metal roofing

C23. The roof sheeting is to be traditional corrugated profile sheeting with colorbond

finish. No approval is given for flat, tray or mini-orb profile roof sheeting.








September 2013 v1

Terracotta roof tiles

C24. The roof tiles are to be terracotta Marseilles pattern roof tiles to match the existing

tiles in both profile and colour.




(Reason: To ensure the use of materials characteristic to the conservation

area)

Repairs to front verandah

C25. The front verandah is to be repaired and restored where necessary, with damaged

elements replaced with the same material and to the same detail. The tessellated tiles

are to be retained.




(Reason: To ensure the retention of original fabric)

Works within boundary

C26. All works, including footings, eaves and gutters, shall be within the subject site except

with the express written permission of any affected owner(s) of adjoining properties.




(Reason: To clarify consent)

D. Prior to the Commencement of any Works (and continuing where indicated)

Public Liability Insurance – Works on Public Land

D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public

land and the undertaking of approved works within Council’s road reserve or public

land, as approved by this consent. The Policy is to note, and provide protection/full

indemnification for North Sydney Council, as an interested party. A copy of the

Policy must be submitted to Council prior to commencement of any works. The

Policy must be valid for the entire period that the works are being undertaken.

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

evidence of insurance upon lodgement of the application)




September 2013 v1

(Reason: To ensure the community is protected from the cost of any claim for

damages arising from works on public land)

Sydney Water Approvals

D2. Prior to the commencement of any works, the approved plans must be submitted to

Sydney Water to determine whether the development application will affect Sydney

Water’s sewer and water mains, stormwater drains and/or easements, and if further

requirements need to be met. The Certifying Authority must ensure that Sydney Water

has appropriately stamped the plans before the commencement of building works.

Notes:

Sydney Water Building Plan Approvals can be obtained from the Sydney

Water Tap in™ online service. Building plans must be submitted to the Tap

in™ to determine whether the development will affect any Sydney Water

sewer or water main, stormwater drains and/or easement, and if further

requirements need to be met. For further information visit

http://www.sydneywater.com.au/tapin/index.htm or call 13 000 TAP IN (1300

082 746) for further information.

(Reason: To ensure compliance with Sydney Water requirements)

Asbestos Material Survey

D3. Prior to the commencement of any works, a report must be prepared by a suitably

qualified person in relation to the existing building fabric to be demolished and/or

disturbed identifying the presence or otherwise of asbestos contamination and, if

asbestos contamination is present, making recommendations as to the work required

to safely address the contamination.

Any demolition works or other works identified in the report as having to be carried

out must be carried out in accordance with the recommendations of the report and the

following:

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

contractor;

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

WorkCover Authority in relation to the removal, handling and disposal of

material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS

REMOVAL IN PROGRESS” must be erected in a visible position at the

boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof

of correct disposal of asbestos laden waste.




September 2013 v1

The report must be submitted to the Certifying Authority for approval prior to the

issue of any Construction Certificate. The Certifying Authority must ensure that the

report, and other plans, referenced on and accompanying the issued Construction

Certificate, fully satisfy the requirements of this condition.

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

building is not put at risk unnecessarily)

Commencement of Works Notice

D4. 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)

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.




September 2013 v1

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)

Council Inspection of Public Infrastructure Works

E5. During the works on public infrastructure reverting to Council’s care and control,

Council’s development engineer may undertake inspections of the works at the

following hold points: -

a) Formwork of footpath alignment levels including associated road works

b) Drainage connection

All works must proceed in accordance with Roads Act 1993 approvals or other

permits relating to roads issued by Council. A minimum of 48 hours notice must be

given to Council to book an inspection. Work must not proceed until the works or

activity covered by the inspection is approved.

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

system)

Removal of Extra Fabric

E6. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the

works in the area of the damaged portion are to cease and written notification of the

damage is to be given to Council forthwith. No work is to resume until the written

approval of Council to do so is obtained. Failure to comply with the provisions of this

condition may result in the Council taking further action including legal proceedings

if necessary.

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




September 2013 v1

Dust Emission and Air Quality

E7. The following must be complied with at all times:

(a) Materials must not be burnt on the site.

(b) Vehicles entering and leaving the site with soil or fill material must be

covered.

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

emissions in accordance with the NSW Department of Housing’s 1998

guidelines - Managing Urban Stormwater: Soils and Construction.

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

to prevent nuisance occurring at adjoining properties.

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

Noise and Vibration

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

Guideline” published by the NSW Environment Protection Authority, to ensure

excessive levels of noise and vibration do not occur so as to minimise adverse effects

experienced on any adjoining land.

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

Developer's Cost of Work on Council Property

E9. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas.

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

No Removal of Trees on Public Property

E10. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including

for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets)

Special Permits

E11. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must

occur entirely on the property.




September 2013 v1

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)

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.





September 2013 v1

Noxious Plants

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

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

(Reason: To ensure that plants identified as weed species are not allowed to

proliferate or interfere with a quality landscaping outcome)

Construction Hours

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

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm

inclusive, with no work on Sundays and Public Holidays.

Demolition and excavation works must be restricted to within the hours of 8.00 am to

5.00 pm Monday to Friday only. For the purposes of this condition:

a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of

service installation and the unloading of plant, machinery, materials or the like.

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

structure (or part thereof) or surface, or the like, and includes the loading of

demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, rock breakers, excavators, loaders, or the like, regardless of

whether the activities disturb or alter the natural state of the existing ground

stratum or are breaking up/removing materials from the site and includes the

unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact

telephone number, which is to be clearly visible and legible from any public place

adjoining the site.

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

expectations of residents and the community)

Out of Hours Work Permits

E14. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a

permit to carry out works outside of the approved hours. If a permit is issued the

works approved must be carried out in accordance with any requirements specified in

the permit. Permits will only be approved if public safety is at risk. Applications

which seek a variation to construction hours solely to benefit the developer will

require the lodgement and favourable determination of a modification application

pursuant to the provisions of Section 96 of the Environmental Planning and

Assessment Act 1979.




September 2013 v1

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.

4) Examples of activities for which permits WILL NOT be granted include;

extended concrete pours

works which are solely to convenience the developer or client, and

catch up works required to maintain or catch up with a construction

schedule.

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

www.northsydney.nsw.gov.au.

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

expectations of residents and the community)

Installation and Maintenance of Sediment Control

E15. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with

the Construction Certificate.

Erosion and sediment measures must be maintained in accordance with the

publication Managing Urban Stormwater: Soils & Construction (4th edition,

Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed

when development activities have been completed and the site fully stabilised.



Sediment and Erosion Control Signage

E16. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not

be maintained. A sign of the type referred to in this condition is available from

Council.


http://www.northsydney.nsw.gov.au/



September 2013 v1



Site Amenities and Facilities

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

amenities which satisfy applicable occupational health and safety and construction

safety regulations, including any WorkCover Authority requirements, must be

provided and maintained at all times. The type of work place determines the type of

amenities required.

Further information and details can be obtained from the Internet at

www.workcover.nsw.gov.au

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

site)

Health and Safety

E18. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to

prepare a health and safety plan. Site fencing must be installed sufficient to exclude

the public from the site. Safety signs must be erected that warn the public to keep out

of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements

for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

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

site)

Prohibition on Use of Pavements

E19. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to

this effect must be erected adjacent to the street alignment.

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

Waste Disposal

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

readily accessible for inspection by regulatory authorities such as North Sydney

Council and the Environmental Protection Authority.

(Reason: To ensure the lawful disposal of construction and demolition waste)




September 2013 v1

Asbestos Removal

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

only be undertaken by contractors who hold a current WorkCover Asbestos or

“Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos

Licence and removal must be carried out in accordance with National Occupational

Health and Safety Commission.

(Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements)

Service adjustments

E22. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the

requirements of the relevant utility authority. These works shall be at no cost to

Council. It is the Applicant’s full responsibility to make contact with the relevant

utility authorities to ascertain the impacts of the proposal upon utility services at the

appropriate stage of the development (including water, phone, gas and the like).

Council accepts no responsibility whatsoever for any matter arising from its approval

of this application involving any influence upon utility services provided by another

authority.

(Reason: To ensure the service requirements are met)

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

relevant Legislation

Building Code of Australia

F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory)

Home Building Act

F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home

Building Act 1989 requires there to be a contract of insurance under Part 6 of

that Act must not be carried out unless the Principal Certifying Authority for

the development to which the work relates has given North Sydney Council

written notice of the contract of insurance being issued and of the following:

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

appointed:




September 2013 v1

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

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

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit

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

2) If arrangements for doing residential building work are changed while the

work is in progress such that the information submitted to Council in

accordance with this conditions is out of date, work must cease and no further

work may be carried out unless the Principal Certifying Authority for the

development to which the work relates (not being the Council), has given the

Council written notice of the updated information.

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

Home Building Act 1989 that states that a person is the holder of an insurance

policy issued for the purposes of that Part is, for the purposes of this clause,

sufficient evidence that the person has complied with the requirements of that

Part.


Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying

Authority for the building work in accordance with the provisions of the EP&A Act

and its Regulations.

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

prior to the commencement of any building work, demolition or

excavation)

Construction Certificate

F4. Building work, demolition or excavation in accordance with the development consent

must not be commenced until a Construction Certificate for the relevant part of the

building work has been issued in accordance with the provisions of the EP&A Act and

its Regulations.

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

prior to the commencement of any building work, demolition or

excavation)




September 2013 v1

Occupation Certificate

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

building (new building includes an altered portion of, or an extension to, an existing

building) unless an Occupation Certificate has been issued in relation to the building

or part. Only the Principal Certifying Authority appointed for the building work can

issue an Occupation Certificate.

(Reason: Statutory)

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)

Excavation/Demolition

F7. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate

professional standards.

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

be properly guarded and protected to prevent them from being dangerous to

life or property.

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

AS2601- Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible

manner and protect adjoining property and persons from potential

damage)

Site Sign

F8. 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




September 2013 v1

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.


Support for neighbouring buildings

F9. 1) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an

adjoining allotment of land, the person causing the excavation to be made.

a) Must preserve and protect the building from damage;

b) If necessary, must underpin and support the adjoining building in an

approved manner Subject to adjoining owner’s consent); and

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

the footings of a building on an adjoining allotment of land, give

notice of intention to do so to the owner of the adjoining allotment

of land and furnish particulars of the excavation to the owner of the

building being erected or demolished.

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

the cost of work carried out for the purposes of this clause, whether

carried out on the allotment of land being excavated or on the adjoining

allotment of land.

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

public place.

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

protect adjoining properties from potential damage)

G. Prior to the Issue of an Occupation Certificate

Infrastructure Repair and Completion of Works

G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

a. in the road reserve must be fully completed; and

b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not

limited to, delivery vehicles, waste collection, contractors, sub contractors,

concrete vehicles) must be fully repaired;




September 2013 v1

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

(Reason: Maintain quality of Public assets)

Certification- Civil Works

G2. An appropriately qualified and practising Civil Engineer must certify to the Certifying

Authority that the stormwater drainage system is constructed in accordance with this

consent and the provisions of the applicable Australian Standard. A copy of the

certificate must be submitted to Council (if it is not the Certifying Authority) upon

completion of the development works and prior to the issue of an Occupation

Certificate.

(Reason: Compliance with the Consent)

Works as Executed Drawings and Video

G3. A works-as-executed survey drawing (W.A.E.) of the completed stormwater drainage

system must be obtained. The W.A.E. survey drawing must show the alignment, depth

and grade of the stormwater drainage pipelines, pits and ancillary plumbing. The

W.A.E survey drawing must be reviewed by a qualified and practising civil engineer

and certification provided to the Certifying Authority that the as-built system achieves

the design intent of the plans approved with the Construction Certificate. Certification

must be provided with the W.A.E survey drawing to the Certifying Authority prior to

the issue of an Occupation Certificate.

A video inspection must also be carried out of completed drainage works that are to

revert to Council’s care and control, and the CCTV file forwarded to Council to

support the certification.

A copy of the WAE survey drawing and certification must be submitted to the

Council if it is not the Certifying Authority.

(Reason: Compliance with the Consent)

Damage to Adjoining Properties

G4. 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)




September 2013 v1

Utility Services

G5. 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)

Asbestos Clearance Certificate

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

asbestos clearance certificate signed by an appropriately qualified person (being an

Occupational Hygienist or Environmental Consultant) must be submitted to and

approved by the Certifying Authority (and a copy forwarded to Council if it is not the

Certifying Authority) for the building work prior to the issue of any Occupation

Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or

b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all

asbestos waste has been disposed of at an approved asbestos waste disposal depot. If

asbestos is retained on site the certificate must identify the type, location, use,

condition and amount of such material.

Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au

(Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants)

Height

G7. Upon completion of the works and prior to the issue of any Occupation Certificate the

RL of the development measured at the upper edge of the ground floor skillion roof

and upper edge of the first floor skillion roof must be surveyed and certified by an

appropriately qualified and practising surveyor as compliant with the maximum

approved height of RL40.295 AHD and RL42.300 AHD, respectively. This survey

and certification must be submitted to the Certifying Authority with the application

for an Occupation Certificate and a copy provided to Council (if it is not the

Certifying Authority).

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

BASIX Completion Certificate

G8. In accordance with Clause 154C of the Environmental Planning and Assessment

Regulation 2000, prior to issuing a final occupation certificate the Certifying

Authority must apply to the Director-General for a BASIX completion receipt.




September 2013 v1

(Reason: To ensure compliance with the specified BASIX Certificate)

Landscaping

G9. The landscaping shown in the approved landscape plan No.1 dated 5/12/16 and plan

No’s. 2 & 3 dated 12/12/16 prepared by Urban & Rural dated and received by Council

on 23/12/16 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance)

Damage to Adjoining Properties

G10. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified

consultant and is to be provided to the Certifying Authority (and a copy to Council if

it is not the Certifying Authority) certifying:

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

development;

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

result of the development;

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

adjoining property as a result of the proposed development;

d) the nature and extent of works carried out to rectify any damage caused to the

adjoining property as a result of the development; and

e) the nature and extent of any agreements entered into for rectification of any

damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports

required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result

of the development identified in the report and certification have not been carried out,

a satisfactory agreement for rectification of the damage is to be made with the affected

person/s as soon as possible prior to the issue of an Occupation Certificate.


developer.

(Reason: To ensure adjoining owner’s property rights are protected in so far as

possible)

Unpaved Verge

G11. The unpaved verge area must be constructed/reconstructed with an appropriate species

of grass prior to completion of the works at no cost to Council

(Reason: To ensure that community assets are presented in accordance with

reasonable community expectations)




September 2013 v1

I. On-Going / Operational Conditions

Single Occupancy

I1. Nothing in this consent authorises the use of the premises other than for a single

occupancy.

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

Maintenance of Approved Landscaping

I2. The owner of the premises at No.99 Bay Road, Waverton is to maintain the

landscaping approved by this consent in accordance with condition G9 Landscaping.

Any replacement plants required shall be selected to maintain similar mature height,

canopy and density of foliage.

(Reason: To ensure provision of landscape amenity)


10

1020

20

1030

10

20

20

20

3030

30

20

40

40

30

10

20

10

30

50

4030

50

50

20

40

60

18.1

37.5

34.2

35.2

36.6

35.2

34.2

33.8

31.4

29.2

29.0

33.1

31.5

31.2

18.0

34.9

38.1

34.5

33.5

33.8

33.1

32.8

35.5

36.2

37.9

37.1

38.5

34.4

23.6

31.0

32.0

40.9

38.7

40.6

34.6

37.339.0

39.9

42.7

39.7

40.2

46.9

42.8

42.6

50.4

42.4

41.7

34.1

33.1

31.8

29.8

29.2

27.328.9

29.1

22.728.7

27.4

31.6

28.2

34.0

31.734.832.8

35.432.4

35.034.4

46.5

52.5

41.2

52.3

43.643.8

34.9

40.7

35.1

36.2

28.4

35.6

36.5

34.9

42.5

41.535.8

14.3

8.5

37.0

45.6

46.4

45.5

45.745.5

45.8

45.3

48.245.7

45.545.6

46.046.1

45.9

50.6

54.4

50.5

46.8

52.4 54.7

53.5

49.6

48.0

47.0

50.9

52.0

59.4

58.857.3

61.6

58.257.3

57.6

60.0

59.1

52.5

58.4

52.6

51.8

61.1

57.6

58.4

56.3

53.9

49.7

53.7

48.3

53.7

54.6

44.8

61.9

60.3

62.8

95.4

59.6

64.0

62.7

59.3

63.0 63.6

81.9

63.6

69.1

69.0

62.5

63.7

62.0

63.1

66.6

OYSTER COVE RESERVE

KING STR

EET

ROAD RESER

VE

SUGAR WORKSRESERVE

KING STREET R

OAD RESERVE

ROSS STREET

HORACE STREET

KING

STREET

WHATMORE STREET

BALLS

BAY

HEAD

TUNKS

S

TREET

WOOLCOTT

McKYE

BAY ROAD

RESERVE

LARKIN

NORTH SHO

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WH

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S E RV E

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LANEW

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WILL ASHTON LOOKOUT

STREET

6

494 7

1

4543

41

2

39

3

37

35

4

33

5

3129

27

6

7

31A

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10

48

36

46

12

4442

4038

36A34

14

3230

2826

24

18-20

(22)

24

26

28

18

16

(22)

(26)

20

23

21

19

17

15

14-18

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2

9

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313

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17

7

14

97

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5

4A

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61A

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61

63

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102

69-71

7310

6-108

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7525

7723

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20

79

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110

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24 10

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8511

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25-27

(22)

29 31

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2

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5

202

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836942

106894

172

2

12

854373171

16

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1

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1205

WAVERTON BOWLING CLUB

(Leasehold Strata Plan)

SP 58231

11 & 12(in stratum)

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SP 31471521538

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4797

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purposes only)6654

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( Lease - f o r Val uat ion

pu r poses onl y )9435

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Sec 3

23

9381

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Shop 5 (be l ow)

SP 11401

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2

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( Lease - fo r va luation

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1Sec

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15 B

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1

1

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Shop 1

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SP 3683A27

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SP 5884

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3 Sec 3 Sec 3

105627

SP 50880

SP 3

6669

SP 33020 Sec 3

4326

SP 224761

4326

18

North Sydney CouncilCopyright:

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].

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.

Item - REPORTS - North Sydney Council€¦ · Val uat io n pur po se s onl y) 8 8 0 3 9 5 2 32859 1...

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