Item - REPORTS€¦ · PROPOSAL: Alterations and additions to the existing dwelling . PLANS REF:...

Item IPP____IPP04_______ - REPORTS -______03/08/16_________

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

NSIPP MEETING HELD ON 03/08/2016

Attachments: 1. Site Plan

2. Architectural plans 3. Shadow diagrams

4. Approved CDC plans 5. Clause 4.6 submission

(building height) 6. Arborist report

ADDRESS/WARD: 8 Cowdroy Avenue, Cammeray (T) APPLICATION No: DA137/16 PROPOSAL: Alterations and additions to the existing dwelling PLANS REF:

Drawing No. Revision Title Drawn by Dated DA-A-010 B Site Plan Smith and Tzannes 7/07/2016 DA-A-100 - Level 1 Smith and Tzannes 15/04/2016 DA-A-101 - Level 2 Smith and Tzannes 15/04/2016 DA-A-102 A Level 3 Smith and Tzannes 7/07/2016 DA-A-103 A Roof Terrace Smith and Tzannes 7/07/2016 DA-A-104 - Study Level Smith and Tzannes 15/04/2016 DA-A-105 - Parking bay Level Smith and Tzannes 15/04/2016 DA-A-200 A North Elevation Smith and Tzannes 7/07/2016 DA-A-201 - North Elevation (Study) Smith and Tzannes 15/04/2016 DA-A-202 A South Elevation Smith and Tzannes 7/07/2016 DA-A-203 A East Elevations Smith and Tzannes 7/07/2016 DA-A-204 A West Elevation Smith and Tzannes 7/07/2016 DA-A-205 A Section A-A Smith and Tzannes 7/07/2016 DA-A-206 - Sections B-B (Driveway section) Smith and Tzannes 15/04/2016

OWNER: Adam and Erin Fitzhenry APPLICANT: Adam Fitzhenry, 8 Cowdroy Avenue, Cammeray AUTHOR: Luke Donovan, Senior Assessment Officer DATE OF REPORT: 25 July 2016 DATE LODGED: 26 April 2016 AMENDED: 11 July 2016 RECOMMENDATION: Approval

Report of Luke Donovan, Senior Assessment Officer Re: 8 Cowdroy Avenue, Cammeray

EXECUTIVE SUMMARY The applicant seeks NSIPP approval for alterations and additions to an existing dwelling on land at No. 8 Cowdroy Avenue, Cammeray. The application is reported to NSIPP because elements of the proposed works are above the permissible height limit of 8.5m pursuant to clause 4.3(2) in NSLEP 2013. The non-compliance with the permitted height limit is greater than 10% requiring determination by NSIPP as directed by the Department of Planning and Environment. Council’s notification of the original proposal has attracted two (2) submissions raising particular concerns about the rear building setback, loss of privacy and the extent of tree removal across the site. The Clause 4.6 submission seeking a variation to the building height control is considered to be well founded as the new roof cladding and balustrade to the existing roof terrace is unlikely to adversely affect the amenity of adjoining properties or add to the bulk and scale of the building when viewed from Long Bay. To ensure reasonable privacy is maintained from the proposed Level 3 balcony, a condition is recommended that a louvred screen is attached to the eastern side this balcony. The location of the proposed parking bay with the study and bathroom below is considered acceptable given the steep topography of the site, the setback from the front boundary and the retention of a large majority of the trees within the front part of the site. Following this assessment, and having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions of consent.

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Re:

Property/Applicant Submittors - Properties Notified

8 Cowdroy Avenue, Cammeray - DA 137/16


DESCRIPTION OF PROPOSAL The applicant is seeking development consent for alterations and additions to the existing dwelling on land at No.8 Cowdroy Avenue, Cammeray. Complying Development Certificate On 16 March 2016, a Complying Development Certificate (CDC No. 2016-537) was issued for internal works only to the dwelling. Subject Development Application The proposed works, the subject of this development application, can be summarised as follows:

The demolition of the existing car port and store and the construction of a parking bay with study and bathroom facilities below.

A new stair case along the western side of this new structure The width of the existing walkway bridge on the southern side of the dwelling to be

widened by 500mm. The addition of a lift on the southern side of the dwelling providing access to all three

levels of the dwelling. A change to the south western part of the roof from glass to a metal deck roof. The

height of the roof is proposed to be increased by 350mm to allow a 2100mm height clearance and compliance with the BCA.

Alterations to the windows and wall cladding in the south western corner of the dwelling.

The addition of a new eastern en-suite window (Level 2). Alterations to the eastern kitchen window (Level 3). The demolition of the existing enclosed sunrooms (Levels 1 and 2). The construction of new balconies on the northern side of the dwelling (Levels 1, 2

and 3) A new balustrade to the existing roof terrace to ensure compliance with the BCA. A new pool safety fence A new patio and stair providing access between the existing pool and the proposed

Level 1 deck. The removal and replacement of a number of trees across the site.

STATUTORY CONTROLS North Sydney LEP 2013

Zoning – E4 Environmental Living Item of Heritage - No In Vicinity of Item of Heritage - No Conservation Area - No FSBL - Yes

Environmental Planning & Assessment Act 1979 SREP (Sydney Harbour Catchment) 2005 SEPP No. 55 – Remediation of Land


SEPP (Building Sustainability Index – BASIX) 2004 Foreshore Development POLICY CONTROLS NSDCP 2013 DESCRIPTION OF LOCALITY The subject site is described as Lot 4 in DP 8933 and is known as No. 8 Cowdroy Avenue, Cammeray. The site is located on the northern (lower) side of Cowdroy Avenue and is irregular in shape with a total area of 925.8m². The site has a considerable fall of over 23m from the front boundary towards the Harbour. The site is heavily vegetated with a part two, part three storey dwelling located in the northern part of the site and a swimming pool located between the dwelling and the Harbour. There is a carport located in the front part of the site which is accessed via a steep driveway. A staircase and path provides access between the carport and the dwelling.

Figure 1 – Aerial photograph of subject site and surrounding development


Figure 2 – Front of subject site

Figure 3 – Southern elevation of the dwelling on the subject site Adjoining the site to the east is a 1.2m wide drainage reserve. To the east of the drainage reserve and to the west of the site are two and three storey dwellings. RELEVANT HISTORY Council’s records do not indicate any recent development application history relevant to the subject site. Complying Development Certificate On 16 March 2016, a Complying Development Certificate (CDC No. 2016-537) was issued for internal works only to the dwelling (refer to Attachment 4). The owner of the property has commenced these works.


Subject development application A brief history of the subject development application is summarised in the table below: Date Action 26 April 2016 The subject application was lodged with Council. 6 May to 20 May 2016

The original application was notified to adjoining properties and the Bay Precinct Committee. A total of two (2) submissions were received against the application.

25 May 2016 A letter was sent to the applicant requesting the following: A Clause 4.6 submission seeking a variation to the building height

control Revised landscape plan An amendment to the location of the proposed pool fence to ensure

it is contained wholly within the boundaries of the site. The addition of a privacy screen along the eastern side of the Level 3

balcony to maintain privacy with No.10A Cowdroy Avenue. Clarification on the extent of tree removal across the site.

24 June 2016 Council’s Assessment Officer undertook an inspection of the subject site. 11 July 2016 The applicant submitted a Clause 4.6 submission and amended architectural

plans addressing the issues raised in Council’s letter dated 25 May 2016. 13 July to 20 July 2016

The amended application was notified to the immediately adjoining properties. No submissions were received against the amended application.

REFERRALS Building The application has not been assessed in respect of the Building Code of Australia however a condition requiring compliance with the BCA was originally recommended for imposition and remains on the consent. Furthermore, should significant changes be necessary to facilitate the release of a Construction Certificate for the works included in this application, an additional Section 96 application may be necessary. Engineering The application was referred to Council’s Development Engineer who raised no objection to the proposal on engineering grounds subject to standard conditions of consent (refer to Conditions C5, C11, C12, E5 and E6). Landscaping The application was referred to Council’s Landscape Development Officer, who provided the following comments:

The proposal will have no impact on any street trees. The top part of the site consists of a large very steep/rocky escarpment with various

pockets of deep soil and many areas of shallow soil. The site is heavily vegetated with numerous trees, palm trees shrubs and groundcovers.


Whilst there are a number of native trees/palms and groundcovers there are also numerous exotic plantings, a number of which are either undesirable or weed species.

The majority of plantings are mature to over mature, with a number of trees being either poor specimens or in only poor to fair health.

Council’s Landscape Development Officer generally agrees with the conclusions reached in the Arboricultural Impact Statement prepared by Naturally Trees dated 21 April 2016.

Of the thirty four (34) trees identified on the site, eleven (11) are proposed to be removed as part of this application.

Ten (10) of the eleven (11) trees are considered to be either exempt from Council’s Tree Management Permit or have minimal horticultural or streetscape value.

There is only one (1) tree that is proposed to be removed from the site (Mature Tallowwood) that is considered to be a good specimen. This tree is located in the south eastern corner of the site and in the location of the proposed parking bay.

Whilst the removal of this tree is regrettable, it is located adjacent to the drainage reserve and for it to be retained any structure would need to be located outside the tree’s primary root zone which is likely to be a minimum 6m to the west of the trunk. To achieve this setback, the parking bay would need to be centrally located within the site’s frontage, and likely require a longer driveway as well as the removal of a greater number of trees adjacent to the western boundary of the site. The removal of this Mature Tallowwood tree is therefore supported.

The retention of a majority of the existing vegetation between the dwelling and the street will ensure that privacy and general canopy cover over the top part of the site can be maintained.

The trees growing between the dwelling and the waterfront are either poor/fair specimens, inappropriate species or causing damage to existing structures. Consequently, the removal of these trees is supported.

A condition is recommended that a minimum of two (2) semi-mature (min.100 litre) Angophora Costata are planted between the dwelling and the swimming pool to help screen the bulk and scale of the dwelling while allowing harbour views to be largely retained. Angophora Costata is also one of the principal large trees indigenous to the Sydney Harbour fore shore.

There is also the opportunity to provide some smaller trees, shrubs and groundcovers such as some of the Banksia sp., Grevillia sp, Westringia sp etc within this area of the site.

In conclusion, the proposal is supported on landscaping grounds subject to recommended conditions of consent (refer to Conditions C14, C15, C16, D1, E13 and E15). SUBMISSIONS Original application The original application was notified to adjoining properties and the Bay Precinct Committee between 6 May and 20 May 2016. A total of two (2) submissions were received against the application. The issues raised in the submissions are summarised below and addressed later in this report:


Basis of Submissions A non compliant rear setback The loss of visual privacy There are a number of trees across the site that are identified as weed

species that should be removed. Clarification is sought on the changes proposed to the pool fencing. Any new pool fencing must be located wholly within the subject site. Amended application The amended application was notified to the immediately adjoining properties between 13 July and 20 July 2016. No submissions were received against the application. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: SREP (Sydney Harbour Catchment) 2005 The SREP (Sydney Harbour Catchment) 2005 applies to the site and is required to be considered in the assessment of the application. The site is located within the Sydney Harbour Catchment and the Foreshores and Waterways Area boundary. The proposal is considered to be satisfactory having regard to the relevant planning principles in Clause 13 and 14 of the SREP 2005. The relevant matters for consideration under the SREP 2005 are detailed below: Clause 21 Biodiversity, ecology and environment protection –The proposal is unlikely to affect terrestrial and/or aquatic species. Appropriate conditions are recommended requiring sediment and stormwater control to ensure there are no adverse impacts on the waterways. Clause 22 Public Access to, and use of, foreshores and waterways – There is no public access to the waterway through the subject site. Clause 23 Maintenance of a working harbour – The proposal would have no impact upon the use of the Harbour for commercial/marine activities. Clause 24 Interrelationship of waterway and foreshore uses – The proposal does not cause any conflict between the residential use and the waterways. Clause 25 Foreshore and waterways scenic quality –The new balconies are considered acceptable and will maintain a similar setback to the foreshore as the development on the adjoining property at No.10A Cowdroy Avenue. The proposed parking bay with study and bathroom below is located within the top part of the site and will have no impact on the foreshore given that it is a single storey built form that is setback approximately 55metres from the foreshore. The proposal will therefore not adversely impact the scenic qualities of the waterway.


Clause 26 Maintenance, protection and enhancement of views – The proposal will largely maintain existing views for adjoining properties at No’s 6 and 10A Cowdroy Avenue. The proposal would have no impact on views from the public domain given the topography of the site and significant landscaping within the front part of the site. Clause 28 Foreshores and Waterways Planning and Development Advisory Committee - The proposed works are not listed on Schedule 2 in SREP 2005 so the development is not required to be referred to the Foreshores and Waterways Planning and Development Advisory Committee for comment. Clause 55 Protection of Heritage Items – The site is not identified as a heritage item on the SREP 2005 Heritage Map. Clause 57 Development affecting matters of Aboriginal heritage significance – The subject site is not identified as a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance. The proposed development is considered to be satisfactory having regard to the assessment criteria in SREP (Sydney Harbour Catchment) 2005. SEPP 55 – Remediation of Land The subject site has had a long history of residential use and there are no known sources of land contamination noted on Council’s files. Accordingly, no further investigations are warranted in this respect. SEPP (Building Sustainability Index: BASIX) 2004 The applicant has lodged a valid ‘BASIX certificate (No.A237691) demonstrating the efficient use of resources and compliance with the certificate has been included as recommended conditions of consent (refer to Condition C20 and G7). NORTH SYDNEY LEP 2013 Permissibility within the zone The subject site is zoned ‘E4 Environmental Living’ under the NSLEP 2013. The proposal seeks consent for alterations and additions to a dwelling house which is a permissible form of development within this zone. E4 Environmental zone objectives The proposed excavation for the parking space and study within the top part of the site is considered acceptable and subject to appropriate conditions unlikely to adversely affect drainage patterns or the structural integrity of adjoining properties. Whilst it is regrettable that a number of trees are proposed to be removed across the site, the removal of these trees is generally supported by Council’s Landscape Development Officer subject to appropriate conditions of consent including the requirement for replacement trees. The proposal will maintain a large number of the trees within the top part of the site to assist in maintaining the landscape character of the locality.


The proposal will improve the residential amenity for the occupants of the development while maintaining a reasonable level of residential amenity in terms of solar access, privacy and view sharing for adjoining properties. The proposal is considered to be generally consistent with the relevant objectives of the E4 Environmental Living Zone. Building Height Under the provisions of Clause 4.3(2), the maximum height of a building permitted on the subject site is 8.5m. The existing glazed roof has a maximum height of 9.8m. The new metal deck roofing cladding is proposed to sit 350mm higher than the existing glazed roof to ensure compliance with the BCA. Given the skillion nature of the roof the eave overhang will have a maximum height of 10.6m. The new balustrade to the existing roof top terrace has a maximum height of 10.2m (refer to Figure 4 below). The development is therefore non compliant with the maximum permissible building height (8.5metres) in Clause 4.3(2) in NSLEP 2013. The non compliances are considered to be technical in nature and necessary to achieve compliance with the relevant provisions of the BCA.

Figure 4 – Section through the dwelling The applicant has submitted a written statement justifying the proposed variation to the building height control (refer to Attachment 5). The proposed breaches has been assessed in accordance with the requirements of Clause 4.6 in NSLEP 2013. These matters have been considered below:

(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient,

This objective is not relevant to this application as the proposal is not significantly altering the building form.

(b) to promote the retention and, if appropriate, sharing of existing views, The elements of the building that breach the height control is unlikely to materially impact any significant views from adjoining properties given the minor changes to the roof form and balustrade.


(c) to maintain solar access to existing dwellings, public reserves and streets, and to promote solar access for future development,

The elements of the building that breach the height control will result in a minor increase in morning shadowing to the northern terraces of No.6 Cowdroy Avenue during the winter solstice. The level of impact is considered acceptable in the site circumstances as reasonable solar access will be maintained to the northern terrace of No.6 Cowdroy Avenue between 11am and 3pm during the winter solstice.

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

There is an existing roof top terrace. The application does not seek a change to the size of this roof top terrace. The only changes relate to the provision of a BCA compliant balustrade to the roof top terrace and a change to the roof cladding over the staircase that provides access to this terrace. The extent of glazing is not proposed to be increased along either the western or southern elevations. The elements of the building that breach the height controls are unlikely to result in any additional privacy impacts for adjoining properties.

(e) to ensure compatibility between development, particularly at zone boundaries, (f) to encourage an appropriate scale and density of development that is in accordance

with, and promotes the character of, an area. The proposal maintains the existing part two, part three storey dwelling on the site, which is considered compatible with the bulk and scale of developments on adjoining properties. Whether there are sufficient environmental planning grounds to justify contravening the development standard? The variations to the building height control are considered necessary to ensure compliance with the relevant provisions of the BCA. These are considered sufficient environmental planning grounds to justify contravening the building height control. Whether the proposed development will be in the public interest? The proposed variation to the building height control is unlikely to offend the public interest given the minor nature of the works. The written justification as submitted by the applicant seeking variation to Clause 4.3(2) in NSLEP 2013 is considered to be well founded in the site circumstances. Compliance with the maximum building height control is therefore considered to be unreasonable and unnecessary in the circumstances, as the objectives and the purpose of the control are achieved despite the non compliance. Preservation of trees or vegetation Council’s Landscape Development Officer has reviewed the Arborist report prepared by Naturally Trees dated 21 April 2016 and generally concurs with the conclusions reached within the report.


Of the thirty four (34) trees identified on the site, eight (8) are proposed to be removed as part of this application. Ten (10) of these eleven (11) trees are considered to be either exempt from Council’s Tree Management Permit or have minimal horticultural or streetscape value. There is only one (1) tree that is proposed to be removed from the site (Mature Tallowwood) that is considered to be a good specimen. This tree is located in the south eastern corner of the site and in the location of the proposed parking bay. Whilst the removal of this tree is regrettable, it is located adjacent to the drainage reserve and for it to be retained the structure would need to be setback at least 6 metre from the tree which would likely necessitate a longer driveway, compromise access to the dwelling and require the removal of a greater number of trees adjacent to the western boundary of the site which would have a greater impact on the landscape character. The removal of this Mature Tallowwood tree is therefore supported. Given the significant number of trees remaining in the front garden and the rocky escarpment of the site, there is no real opportunity to plant a replacement trees in the front garden. A condition is however recommended that replacement trees are proposed between the swimming pool and the dwelling to assist in filtering views of the dwelling from Middle Harbour and Tunks Park (refer to Condition G6). The retention of a significant number of trees across the top part of the site and the recommended replacement trees in the lower part of the site will ensure the landscape setting of the dwelling is maintained. Subject to the recommended conditions of consent, the proposal is considered to achieve the objective in Clause 5.9(1) in NSDCP 2013. Heritage Conservation The subject site is not heritage listed or fall within a heritage conservation area. Clause 5.10 in NSLEP 2013 is therefore not applicable. Limited development on foreshore area With the exception of the new swimming pool fence, the remainder of the proposed works are located outside the foreshore area. The new swimming pool fence is permissible within the foreshore area pursuant to Clause 6.9(2)(c) in NSLEP 2013. Earthworks The application proposes excavation to a maximum depth of 3.2m at the front of the site to accommodate the study and bathroom below the parking bay. Council’s Development Engineer has recommended appropriate conditions of consent requiring certification from a geotechnical engineer and a requirement that a qualified and consulting engineer oversee the excavation procedure to minimise any adverse impacts to the structural integrity of adjoining properties (refer to Conditions C5 and E6). A further condition is recommended requiring stormwater runoff and subsoil drainage generated by the development be conveyed in a controlled manner by gravity via an existing stormwater line towards Long Bay.


Through the recommended conditions of consent the proposal is considered to satisfactory having regard to Clause 6.10 in NSLEP 2013. NSDCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments 1.2 Social Amenity Population Mix Yes The proposal will maintain the mixture of residential

population and the level of residential accommodation within Cammeray and would have no impact on affordable housing or housing for seniors/persons with disabilities.

Maintaining Residential Accommodation Affordable Housing Housing for Seniors/Persons with disability 1.3 Environmental Criteria Topography Yes The extent of excavation to accommodate the study and

bathroom below the parking bay is considered acceptable as it will not require the removal of any rock outcrops, overhangs, sandstone retaining walls and the structure is setback 1.2m from the side boundary of the site. The removal of trees to accommodate the structure is supported by Council’s Landscape Development Officer as detailed earlier within this report.

Bushland Yes The subject site does not adjoin any bushland reserve. Bush Fire Prone Land Yes The subject site is not located on bush fire prone land. Foreshore Frontage Yes The proposal is considered to be acceptable having

regard to the relevant matters for consideration in SREP 2005 and the Sydney Harbour Foreshores and Waterways Area DCP 2005 as detailed earlier within this report.

Views Yes The proposal is unlikely to materially impact upon any significant views from adjoining properties given the minor changes to the roof form, balconies and balustrade.

Solar Access Yes The proposal will result in a minor increase in morning shadowing to the northern terraces of No.6 Cowdroy Avenue during the winter solstice. The level of impact is considered acceptable in the site circumstances as reasonable solar access will be maintained to the northern terrace of No.6 Cowdroy Avenue between 11am and 3pm during the winter solstice. The proposed parking bay is unlikely to impact solar access to the adjoining property as the parking spaces are uncovered and the slab level (RL24.50) is at a similar level to the existing elevated hard stand parking bay (RL 24.20) (refer to Figure 5 below). Any additional afternoon shadow cast be the 1m high wall around the perimeter of the parking bay will fall on the side wall of the existing garage at No.10 Cowdroy Avenue.


Figure 5 – Looking north from Cowdroy Avenue towards the existing hard stand parking space

Acoustic Privacy Yes The proposal is unlikely to generate any adverse noise impacts for adjoining properties given the residential nature of the dwelling.

Visual Privacy Yes (via condition)

Consideration has been given below to any privacy impacts from the proposal - Roof terrace The proposal does not seek a change to the size of the existing roof top terrace, therefore no additional privacy impacts are anticipated. Level 3 balcony Eastern side of balcony The proposed Level 3 balcony is setback 1.05m from the eastern boundary and approximately 7.4m from the upper level balconies at No.10A Cowdroy Avenue. The depth of the Level 3 balcony is proposed to be increased to 3.6m under this proposal. Given the depth of the balcony and location of the living/dining room it is likely to be used for entertaining purposes. A condition is therefore recommended that a fixed vertical louvred privacy screen is attached to the eastern side of the Level 3 balcony to maintain privacy with the upper level balconies at No.10A Cowdroy Avenue (refer to Condition C18(a)). Western side of balcony The proposed Level 3 balcony is forward of and a considerable distance from the principal private open space at No.6 Cowdroy Avenue, as such, it is not considered necessary for any privacy devices on the western side of this balcony.


Level 2 balcony The proposed Level 2 balcony has a depth of 1.24m and is setback 1.5m from the eastern boundary. The Level 2 balcony is located off a bedroom and study and unlikely to adversely affect privacy with the adjoining properties at No’s 6 and10A Cowdroy Avenue given its limited depth and the nature of the room adjoining the balcony. Altered windows (East elevation) The heights of the eastern windows to the study (Level 1 and 2) and the kitchen (Level 3) are proposed to be reduced as indicated on the plans. The reduction in the extent of glazing is unlikely to affect privacy with the adjoining property at No.10A Cowdroy Avenue. A condition is recommended that the new eastern en-suite window (Level 2) is fitted with obscure glazing to maintain privacy with No.10A Cowdroy Avenue (refer to Condition C18(b)). Northern elevation Any outlook through the new windows and doors on the northern elevation of the dwelling will be over the swimming pool on the subject site and towards Long Bay and will not result in any additional privacy impacts for adjoining properties. Western windows The application proposes a significant reduction in the extent of glazing to the south western corner of the dwelling. Approximately half the glazing is proposed to be replaced with cladding ensuring improved privacy with No.6 Cowdroy Avenue. Footbridge Whilst the width of the existing footbridge is proposed to be increased by 500mm, it is unlikely to cause any additional privacy impacts given the existing landscaping and the proposed 5m setback from the western boundary. Study The new doors to the study are at ground level, orientated towards the centre of the subject site and surrounded by existing landscaping and will have no impact on privacy for adjoining properties. Subject to the recommended conditions, reasonable privacy will be maintained with the adjoining properties.

1.4 Quality built form Context Yes The proposal generally responds to the existing

opportunities and constraints of the site.


Subdivision Pattern N/A The proposal does not alter the existing subdivision pattern.

Streetscape Yes (via condition)

The proposed parking bay is uncovered and the slab level (RL24.50) is at a similar level to the existing elevated hard stand parking bay (RL 24.20). Whilst the parking bay will be raised approximately 660mm above the existing boundary level this is considered acceptable in the site circumstances for the following reasons:

The raising of the slab level is necessary to achieve compliance with the relevant driveway level transitions as required by AS2890.1.

The parking bay is setback a minimum of 4.73m from the front boundary of the site and behind the front building line established by the garages on the adjoining properties.

Most of the existing landscaping along the front boundary of the site will be retained.

The proposed parking bay is therefore unlikely to adversely impact the streetscape.

Figure 6 – Front of the subject site Council’s Development Engineer has recommended an appropriate condition requiring an engineering bond to ensure the protection on Council’s infrastructure (refer to Condition C19).

Siting Yes The proposal maintains the characteristic building orientation and siting.

Setback – Front Yes The proposed parking bay is located behind the front setback line established by the existing garages built at No’s 6 and 10 Cowdroy Avenue (refer to Figure 7 below). The proposed setback is considered acceptable in the site circumstances.


Figure 7 – Extract from site plan

Setback – Side Yes

Yes

No (acceptable on merit)

Dwelling The proposal does not seek a change to the existing side setbacks of the dwelling. The lift structure is setback 2.74m from the eastern boundary and compliant with the minimum side setback for three storey structures (2.5m) as specified in P2 in Part B, Section 1.4.6 in NSDCP 2013. Parking bay The proposed parking bay with study and bathroom below is setback 1.2m from the eastern boundary of the site and compliant with the minimum side setbacks for single storey structures (900mm) as specified in P2 in Part B, Section 1.4.6 in NSDCP 2013. Level 3 balcony The Level 3 balconies are setback between 1.05 and 1.06m from the respective side boundaries of the site. Whilst non compliant with the minimum side setbacks in P2 in Part B, Section 1.4.6 in NSDCP 2013 is considered acceptable for the following reasons:

The setback of the balconies match the setback of the dwelling.

A condition is recommended requiring a fixed vertical louvred privacy screen is attached to the eastern side of the Level 3 balcony to maintain privacy with No.10A Cowdroy Avenue (refer to Condition C18(a))

The proposed Level 3 balcony is forward of and a considerable distance from the principal private open space at No.6 Cowdroy Avenue, as such, privacy will be maintained with this adjoining property.


The balconies are not considered to add to the bulk or scale of the dwelling.

The proposal is considered to achieve the objectives of the setback control despite the numerical non compliance.

Setback - Rear Yes The new rear building line established by the balconies generally matches the setback of the dwelling on the adjoining property at No.10A Cowdroy Avenue.

Form Massing Scale Yes The proposal maintains the existing part two, part three storey dwelling on the site, which is considered compatible with the bulk and scale of developments on adjoining properties. The study and bathroom below the parking bay will not be visible from Cowdroy Avenue by virtue of the topography of the site.

Dwelling Entry Yes The entrance to the dwelling will be significantly improved under this proposal with new stairs at the front of the site providing access from the parking spaces to the dwelling. The widened footbridge and lift also assists in providing improved access to the different levels of the dwelling.

Roofs Materials

Yes The application proposes s change to the south western part of the roof from glass to a metal deck roof with a slight increase to the height (350mm) to achieve compliance with the BCA. This part of the roof is not easily visible from the public domain given the skillion form, existing landscaping around the dwelling and the topography of the site. The proposed materials are considered to be consistent with the materials used in the locality.

Fences Yes (via conditions)

The application does not seek a change to the existing boundary fencing. A condition is recommended that any new pool fencing is 1.2m in height, compliant with AS 1926 Part 1 2012 and constructed wholly within the subject site (refer to Conditions C1, G1 and G3).

1.5 Quality Urban Environment Safety and Security Yes The proposal will maintain high levels of safety and

security for the residents of the dwelling with the addition of new staircases and access paths through the top part of the site.

Vehicle Access and Parking Yes


Yes (via

The site currently accommodates a double carport along the western boundary of the site. The existing driveway does not comply with the maximum driveway grades specified in AS2890.1.

The application proposes the demolition of the existing double carport and the construction of a new parking bay for two vehicles in the top part of the site. The two parking spaces on the site comply with the maximum parking rate specified in Part B, Section 10.2.1 in NSDCP 2013.

As detailed earlier within this compliance table the location of the parking bay is considered acceptable as it is uncovered and located behind the front building line established by the existing garages on the adjoining properties at No’s 6 and 10 Cowdroy Avenue.


condition) Council’s Development Engineer has recommended appropriate conditions requiring the driveway to comply with AS2890.1 and Council’s Vehicular Access Application Guidelines and Specifications (refer to Condition C11)

Site Coverage Yes The proposed site coverage is 33.9% and compliant with the maximum site coverage (35%) specified in P1 in Part B, Section 1.5.5 in NSDCP 2013.

Existing Proposed Control 31.6% 33.9% 35%

Landscape and un-built upon area Yes


Landscaped area The proposed landscaped area is 45.2% and compliant with the minimum landscaped area (45%) specified in P1 in Part B, Section 1.5.6 in NSDCP 2013.

Existing Proposed Control 41.4% 45.2% 45%

Un-built upon area The proposed un-built upon area is 20.9% and non compliant with the maximum un-built area (20%) specified in P1 in Part B, Section 1.5.6 in NSDCP 2013.

Existing Proposed Control 26% 20.9% 20%

The non compliance with the un-built upon area control is considered acceptable for the following reasons:

The non compliance is very minor (0.9%) in nature.

The proposal results in a significant reduction in un-built upon area across the site with the removal of the large driveway.

There are no real opportunities to further reduce the un-built upon area across the site given the steep topography of the site and the need to provide staircases and pathways to ensure safe access to the dwelling.

The proposal provides a compliant landscaped area.

The proposal is likely to minimise stormwater runoff across the site with a greater amount of soft landscaping.

Excavation Yes (via condition)

The application proposes excavation to a maximum depth of 3.2m at the front of the site to accommodate the study and bathroom below the parking bay. Council’s Development Engineer has recommended appropriate conditions of consent requiring certification from a geotechnical engineer and a requirement that a qualified and consulting engineer oversee the excavation procedure to minimise any adverse impacts to the structural integrity of adjoining properties (refer to Conditions C5 and E6).


Landscaping Yes Refer to detailed discussion under the heading ‘Preservation of trees or vegetation’ earlier within this report.

Front Gardens Yes The proposal will maintain a majority of the trees within the front garden of the site which assist in maintaining the landscape character and softening the built form.

Private and Communal Open Space Yes The proposal provides improved private open space in the form of a new deck on Level 1 and new balconies on Levels 2 and 3 of the dwelling.

Swimming Pools Yes (via conditions)

The application does not seek a change to the swimming pool. A condition is recommended requiring the pool fence comply with AS 1926 Part 1 2012 (refer to Conditions C1, G1 and G3).

Garbage Storage Yes The proposal provides for an adequately sized garbage storage area alongside the parking bay at the top of the site.

1.6 Efficient Use of Resources Energy Efficiency Yes (via

condition) The applicant has lodged a valid ‘BASIX certificate (No.A237691) demonstrating the efficient use of resources and compliance with the certificate has been included as recommended conditions of consent (refer to Condition C20 and G7).

Cammeray Planning Area (Cammeray Neighbourhood) Consideration has been given to Part C of NSDCP 2013 and in particular Section 4 of the Character Statement for the Cammeray Planning Area and Section 4.2 for Cammeray Neighbourhood. The proposal is considered to be generally in keeping with the desired low density built form for the neighbourhood. The proposal is also considered to be consistent with the relevant provisions given that the dwelling addresses the foreshore and the new works will not obstruct views from neighbouring properties. SECTION 94 CONTRIBUTIONS The proposal will not generate any Section 94 contributions. SITE SUITABILITY The proposal is considered to be suitable for the subject site as discussed in detail throughout this report. ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report.


ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision Yes 5. Traffic generation and Carparking provision Yes 6. Loading and Servicing facilities N/A 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 SUBMITTORS CONCERNS The issues raised in the submissions are summarised below and addressed with planning comments below:

Non compliant rear setback The new rear building line established by the balconies generally matches the setback of the dwelling on the adjoining property at No.10A Cowdroy Avenue and compliant with P5 in Part B, Section 1.4.6 in NSDCP 2013.

Loss of visual privacy to the dwelling at No.10A Cowdroy Avenue A condition is recommended that a fixed vertical louvred privacy screen is attached to the eastern side of the Level 3 balcony and the new eastern en-suite window (Level 2) is fitted with obscure glazing to maintain privacy with the dwelling No.10A Cowdroy Avenue (refer to Condition C18(a)).

There are a number of trees across the site that are identified as weed species and should be removed.

Council’s Landscape Development Officer has reviewed the Arborist report prepared by Naturally Trees dated 21 April 2016 and generally concurs with the conclusions reached within the report.


Of the thirty four (34) trees identified on the site, eleven (11) are proposed to be removed as part of this application. Ten (10) of these eleven (11) trees are considered to be either exempt from Council’s Management Permit or have minimal horticultural or streetscape value. Appropriate conditions are recommended requiring that tree removal in accordance with the Arborist report (refer to Condition C15). A further condition is recommended requiring the removal of noxious plants before the commencement of landscape works (refer to Condition E15).

Clarification is sought on the changes proposed to the pool fencing. Any new pool fencing must be located wholly within the subject site.

A condition is recommended that any new pool fencing around the existing swimming pool is constructed of metal, a minimum of 1.2m in height, compliant with AS1926 Part 1 2012 and located wholly within the subject site (refer to Condition G1). PUBLIC INTEREST The recommended approval of the application is unlikely to offend the public interest for the reasons provided throughout this report. CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013 and generally found to be satisfactory. The Clause 4.6 submission seeking a variation to the building height control is considered to be well founded as the new roof cladding and balustrade to the existing roof terrace is unlikely to adversely affect the amenity of adjoining properties or add to the bulk and scale of the building when viewed from Long Bay. To ensure reasonable privacy is maintained from the proposed Level 3 balcony, a condition is recommended that a louvred screen is attached to the eastern side this balcony. The location of the proposed parking bay with the study and bathroom below is considered acceptable given the steep topography of the site, the setback from the front boundary and the retention of a large majority of the trees within the front part of the site. Following this assessment, and having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be reasonable in the site circumstances and recommended for approval subject to standard and site specific conditions of consent.


RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the A/General Manager as the consent authority, assume the concurrence of the Director General of the Department of Planning and the Environment and invoke the provisions of Clause 4.6 in NSLEP2013 with regards to the non-compliance with Clause 4.3 (Building Height) and grant consent to Development Application No. 137/16 for alterations and additions to the existing dwelling on land at No.8 Cowdroy Avenue, Cammeray, subject to the following site specific conditions and the attached standard conditions:- Terms of Consent A4. Approval is granted only for those works coloured on the plans that form part of

Condition A1 of this consent. No approval is given under this consent for any internal works to the dwelling. (Reason: To ensure the terms of the consent are clear)

Swimming pool deck and fence

C1. Any new works to the decking around the swimming pool and/or swimming pool fence

must be indicated on the architectural plans as located wholly within the subject site.

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 all works are located wholly within the subject site) Luke Donovan Robyn Pearson SENIOR ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS) Stephen Beattie MANAGER OF DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

8 COWDROY AVENUE, CAMMERAY DEVELOPMENT APPLICATION NO. 137/16

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 am ended by the following conditions of this consent.

Drawing No. Revision Title Drawn by Dated DA-A_001 - Notes Smith and Tzannes 15/04/2016 DA-A-010 B Site Plan Smith and Tzannes 7/07/2016 DA-A-100 - Level 1 Smith and Tzannes 15/04/2016 DA-A-101 - Level 2 Smith and Tzannes 15/04/2016 DA-A-102 A Level 3 Smith and Tzannes 7/07/2016 DA-A-103 A Roof Terrace Smith and Tzannes 7/07/2016 DA-A-104 - Study Level Smith and Tzannes 15/04/2016 DA-A-105 - Parking Bay Level Smith and Tzannes 15/04/2016 DA-A-200 A North Elevation Smith and Tzannes 7/07/2016 DA-A-201 - North Elevation (Study) Smith and Tzannes 15/04/2016 DA-A-202 A South Elevation Smith and Tzannes 7/07/2016 DA-A-203 A East Elevations Smith and Tzannes 7/07/2016 DA-A-204 A West Elevation Smith and Tzannes 7/07/2016 DA-A-205 A Section A-A Smith and Tzannes 7/07/2016 DA-A-206 - Sections B-B (Driveway section) Smith and Tzannes 15/04/2016 Landscape Plan No.462

- Landscape Plan Tranquillity Landscapes

July 2016

Supporting document - - Arborist Impact Appraisal and

Method Statement Naturally Trees 21/04/2016

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

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stam ped approved plans, sp ecifications and docum ents (including the

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

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

accordance with the determ ination of Council, Public Inform ation and to ensure ongoing compliance)

ATTACHMENT TO IPP04 - 03/08/16

8 COWDROY AVENUE, CAMMERAY DEVELOPMENT APPLICATION NO. 137/16 Page 2 of 26

September 2013 v1

No Demolition of Extra Fabric A3. Alterations to, and dem olition of the exis ting building shall be lim ited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development) Terms of Consent A4. Approval is granted only for those works co loured on the plans that form part of

Condition A1 of this consent. No approval is given under this consent for any internal works to the dwelling. (Reason: To ensure the terms of the consent are clear)

C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Swimming pool deck and fence

C1. Any new works to the decking around th e swim ming pool and/or swim ming pool

fence must be indicated on the architectural plans as located wholly within the subject site.

The Certifying Authority m ust 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 all works are located wholly within the subject site)

Dilapidation Report Damage to Public Infrastructure C2. 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 inf rastructure in the vicin ity of the developm ent site. Particular attention must be paid to accurately recording any pre-developed dam aged areas so that Council is fully inform ed when asse ssing any dam age to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be subm itted to the Certif ying Authority f or approval prior to the issue of any Construction Certificate. The developer m ay be held liable for all damage to public inf rastructure in the vicinity of the site, where such dam age is not accurately recorded and dem onstrated as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public infrastructure dam aged as a result of th e carrying out of the developm ent, and no occupation of the developm ent shall occu r until dam age caused as a result of the carrying out of the development is rectified.



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A copy of the dilapidation survey and re port m ust be lodged with North Sydney Council by the Certifying Authority with s ubmission of the Construction Certificate documentation. (Reason: To record the condition of public inf rastructure prior to the

commencement of construction) Dilapidation Report Private Property (Excavation) C3. 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 subm itted to the Certif ying Authority for approval prior to the issue of any Construction Certificate. The zone of in fluence 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 com pliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking th e 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. W ritten concurrence m ust be obtained from Council in such circumstances.

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

the developer or affected property owne r to assist in any action required to resolve any dispute over dam age to ad joining 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 prope rty/ies prior to the com mencement of

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

certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be subm itted to the Certif ying Authority f or approval prior to issue of any Construction Certif icate. The certif ied repor t m ust also include all details of the methodology to be em ployed in construction phases to achieve the above requirements. The m ethodology in the certifie d report m ust be com plied with at all times.

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



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Geotechnical Report C5. A certificate prepared by an appropriately qualified Geotechnical Engineer certifying

that the existing rock formations and substrate on the site is capable of: a) withstanding the proposed loads to be imposed; b) withstanding the extent of th e proposed excavation, including any

recommendations for shoring works that m ay be required to ensure the stability of the excavation;

c) providing protection and support of adjoining properties; and d) the provision of appropriate subso il drainage during and upon com pletion of

construction works must be subm itted for approval by the Certif ying Authority prior to the issue of any Construction Certificate. Recommendations made in the certified report must be complied with at all times.

Building plans and specif ications subm itted f or approval with any construction certificate application m ust comply with (a ), (b), (c) and (d) above and the certified report, including any recommendations made in the said certified report.

The Certif ying Authority m ust ensure that the building plans and specifications submitted, referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the structural integrity of the subject site and adjoining sites

during the excavation process) Sediment Control C6. Where construction or excavation activity re quires the disturbance of the soil surface

or existing vegetation, erosion and sedim ent control techniques, as a minimum, are to be in accordance with the publication Managing Urban Storm water: 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 subm itted to the Certifying Authority for approval prior to the issue of any Cons truction Certificate and prior to any works commencing. The Sediment Control Plan m ust be consistent with the Blue Book and disclose:

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

processes; b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like;



September 2013 v1

d) Covering materials and methods; and e) A schedule and program me of the sequence of the sedim ent and erosion

control works or devices to be installed and maintained. f) Methods for the tem porary and contro lled disposal of storm water during

construction.

All works m ust be undertaken in accordan ce with the approved Sedim ent Control plan. The Certif ying Authority m ust ensure that the building plans and specifications submitted, referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environm ent fr om the effects of sedim entation and

erosion from development sites) Waste Management Plan C7. A W aste Managem ent Plan is to be submitted f or approval by the Certif ying

Authority prior to the issue of any Construc tion Certificate. The plan m ust include, but not be limited to:

a) The estim ated volum e of waste and m ethod 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 m anagement during the

construction process.

The approved W aste Managem ent Plan m ust be com plied with at all tim es in the carrying out of the development. (Reason: To encourage the m inimisation of waste and recycling of building

waste) External Colours and Finishes C8. The external colours and finishes shall m atch those as existing and/ or be com patible

with surrounding developm ent. A schedule of external colours and finishes m ust be submitted to the Certif ying Authority f or approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications subm itted, referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that the com pleted colours and finishes of the works are

compatible with surrounding development)



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Roofing Materials - Reflectivity C9. Roofing m aterials m ust be factory pre-fi nished with low glare and ref lectivity

properties to be com patible with the col ours of neighbouring buildings. The selected roofing material must not cause a glare nuisa nce or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition m ust be subm itted to the Certif ying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specif ications subm itted, ref erenced on and accom panying 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 C10. If a Work Zone is proposed, an applicati on must be made to the North Sydney Local

Traffic Committee to install the ‘W ork 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 th e set down and pick up of m aterials and not f or the parking of private vehicles a ssociated with the site. W orks 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 Tr affic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘W ork Zone’ is given by the Com mittee, the requirem ents of the Com mittee, including installation of the necessary ‘W ork Zone’ signage and payment of any fees, m ust occur prior to commencement of any works on the site. Further, at the expiration of the W ork Z one approval, the developer is required to remove the W ork Zone signs and reinstate any previous signs, all at the developer' s cost. The requirem ents im posed by the Com mittee on the W ork Zone perm it (or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)



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Obtain Driveway Crossing Permit under S.138 Roads Act 1993 C11. Prior to the issue of the Construction Ce rtificate, North Sydney Council m ust issue

the applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘ Vehicular Access Application’ f orm with paym ent of the adopted assessm ent/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The responsibility fo r accuracy of the design fully rests with the designing engineer. All responsibility on im plementation and supervision of works specified on design plans fully rest s on designing engineer or whoever is chosen to be applicant’s engineering repr esentative. The civil design drawings shall detail the follow ing infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways m ust comply with AS 2890.1 and Council’s

current Vehicular Access Application Guidelines and Specif ication (gutter bridges not perm itted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor.

b) The proposed vehicular access m ust be br and new and shall m atch the existing one in width and in levels.

c) The boundary footpath levels and road gutter invert levels m ust m atch the existing levels and shall not be altered unless agreed to by Council.

d) Alignment levels at the boundary have an im portant im pact on the proposed levels for new driveway. No work m ust not start until first obtaining boundary alignment levels from Council. Counc il has the authority to rem ove any unauthorized works at the cost of the property owner.

e) The Certif ying Authority m ust ensure th at the internal property levels at boundary matches councils boundary levels.

f) The kerb gutter, and 1000 m m road shoul der wide- strip, adjacent to all new layback and gutter works, on Cowdroy Ave nue must be reconstructed, to ensure uniformity in the road reserve.

g) All inspection openings, utility services m ust be adjusted to m atch the proposed driveway levels and location.

All driveway and infrastructure works on the road reserve m ust proceed in accordance with the term s of the perm it issued by Council. Inspections by Council will be required as specif ied on the perm it. The Certif ying Authority issuing the Construction Certificate m ust ensure that the perm it issued by Council is obtained prior to its issue, is referenced on a nd accom panies the Construction Certificate issued.

(Reason: To facilitate appropriate vehicular access to private sites, without disruption to pedestrian and vehicular traffic)



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Stormwater Management and Disposal Design Plan – Construction Issue C12. Prior to issue of the Construction Certif icate, the applicant shall have a site drainage

management plan prepared by a qualified drai nage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage re quirements, Councils Engineering Performance guide and current Australia n Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity via existing stormwater lines towards the bay.

c) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit. Details dem onstrating com pliance are to be subm itted with the Construction Certificate. The Certifying Authority issuing the Constr uction Certificate m ust ensure that the approved drainage plan and specifications , satisfying the requirem ents of this condition, is referenced on and accompanies the Construction Certificate. (Reason: To ensure controlled storm water m anagement and disposal without

nuisance) Bond for Damage and Completion of Infr astructure Works – Stormw ater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C13. Prior to the issue of any Construction Cer tificate, security deposit or bank guarantee

must be provided to Council to the su m of $3,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any dam age caused to a ny 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, stor mwater 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 m ust 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 m ust name North S ydney Council as the nom inated 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



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any final Occupation Certificate or com pletion 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 m ake 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 co mmenced repairing dam age 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 developm ent 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 secu rity for works on public land and an

appropriate quality for new public infrastructure) Tree Protection Measures to be shown on Construction Drawings C14. The tree protection m easures contained in the Arborist Impact Appraisal and Method

Statement prepared by Naturally Trees, dated 21 st April 2016, and received by Council on 26 th April 2016, shall be shown clearly on the Construction Certificate drawings. Plans and specifications showing the said tree protection measures must be submitted to the Certif ying Authority f or approval prior to the issue of any Construction Certificate. The Certifying Aut hority must ensure the construction plans and specif ications subm itted, ref erenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure that appropriate tree protection m easures are shown on

construction drawings) Approval for removal of Trees C15. The following tree(s) are approved for rem oval in accordance with the developm ent

consent:

Tree Location Height (m) All Trees shown as removed in Arborists Impact Appraisal and Method Statement

Various locations around the property

3-26metres

Removal or pruning of any other tree on th e site is not approved, excluding species exempt under Council’s Tree Preservation Order. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) m ust be protected and retained in



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accordance with this condition. (Reason: Protection of existing environmental and community assets) Pruning of Trees C16. Any pruning works on trees necessary for construction shall be undertaken under the

guidance of an appropriately qualified arborist/tree surgeon in accordance with Australian Standard AS 4373-2007 - Pruning of Amenity Trees: (Reason: To ensure the protection and longevity of existing significant trees)

Asbestos Material Survey C17. A report m ust be prepared by a suitably qua lified person in relation to the existing

building fabric to be dem olished 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 identif ied 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 rem oval of asbestos m ust be undertaken by a W orkCover licensed

contractor; b) all rem oval m ust be in strict acco rdance with the requirem ents of the

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

c) during the rem oval of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” m ust be er ected in a visible position at the boundary of the site; and

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

The report m ust be subm itted to the Certif ying Authority f or approval prior to the issue of any Construction Certificate. The Certifying Authority m ust ensure that the report, and other plans, referenced on and accom panying 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) Privacy C18. The following privacy devices are to be provided:

a) Fixed vertical louvres m ust be attached to the eastern side of the Level 3 balcony. The louvres m ust reach a m inimum height of 1.8m above the floor



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level of the balcony on Level 3. b) The eastern en-suite window (Level 2) must be fitted with obscure glass. Plans and specif ications com plying with this condition m ust be subm itted to the Certifying Authority for approval prior to th e issue of any Construction Certificate. The Certif ying Authority m ust ensure that the building plans and specifications submitted, referenced on and accom panying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure an adequate level of privacy is provided to adjoining

property located at No.10A Cowdroy Avenue, Cammeray) 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 ($) Engineering Construction Bond $3,000.00TOTAL BONDS $3,000.00

(Reason: Compliance with the development consent)

BASIX Certificate C20. Under clause 97A(3) of the Environm ental Planning & Assessm ent Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX Certificate No. ( A237691) for the developm ent are f ulfilled. Plans and specif ications complying with this condition m ust be submitted to the Certif ying Authority f or approval prior to the issue of any Construc tion Certificate. The Certif ying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certifi cate, fully satisfy the requirem ents of this condition. (Reason: To ensure the proposed deve lopment will m eet the Governm ent’s

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

condition as a requirem ent of this consent must be m aintained and protected during demolition, excavation and construction on the site in accordance with AS4970-2009 (Protection of trees on development sites). (Reason: To ensure com pliance with th e requirem ent to retain significant

planting on the site)



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Public Liability Insurance – Works on Public Land D2. Any person or contractor undertaking works on public land m ust 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 Polic y is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy m ust be subm itted to Council prior to com mencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications f or hoarding perm its, vehicular crossings etc will require

evidence of insurance upon lodgement of the application) (Reason: To ensure the com munity is prot ected from the cost of any claim for

damages arising from works on public land) Sydney Water Approvals D3. Prior to the com mencement of any works, the approved plans m ust be subm itted to

Sydney Water to determ ine whether the de velopment application will affect Sydney Water’s sewer and water m ains, stormwater drains and/or easem ents, and if further requirements need to be m et. The Certif ying Authority m ust ensure that Sydney Water has appropriately stam ped the plans before the com mencement of building works. Notes: Sydney Water Building Plan Approvals can be obtained from the Sydney

Water Tap in™ online service. Building plans m ust be subm itted to the Tap in™ to determ ine whether the devel opment will affect any Sydney W ater sewer or water m ain, storm water drai ns and/or easem ent, and if further requirements need to be m et. For further inform ation 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)

Commencement of Works Notice

D4. Building work, demolition or excavation in accordance with this development consent must not be com menced until the developer ha s given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, dem olition or excavation in accordance with this development consent.

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

commencement of any building work, demolition or excavation)



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E. During Demolition and Building Work Parking Restrictions

E1. 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 la ne is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions m ust 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 ke rbside parking provisions are not

compromised during works) Road Reserve Safety E2. All public footways and roadways fronti ng and adjacent to the site m ust be

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

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

(Reason: Public Safety)



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Service adjustments E3. Where required, the adjustm ent or inclusion of any new utility service f acilities must

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsib ility to m ake contact with the relevant utility authorities to ascertain the im pacts of the proposal upon utility services at the appropriate stage of the developm ent (i ncluding water, phone, gas and the like). Council accepts no responsibility whatsoever for any m atter arising from its approval of this application involving any influe nce upon utility services provided by another authority. (Reason: To ensure the service requirements are met)

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

is compatible with the erosion and sedi ment controls on the site. Im mediately upon completion of any im pervious areas on the s ite (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary tem porary drainage systems m ust be installed to reasonably manage and control runoff as far as the approved point of storm water discharge. Such ongoing m easures m ust be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Structures Clear of Drainage Easements

E5. It is the full responsibility of the Developer and their contractors to: -

a) Ascertain the exact location of the Counc il drainage infrastructure traversing the site in the vicinity of the works;

b) Take full measures to protect the in-ground Council drainage system; and c) Ensure dedicated overland flow paths are satisfactorily maintained through the

site.

Drainage pipes can be dam aged through applying excessive loading (such as construction plant, m aterial storage a nd the like). All proposed structures and construction activities are to be located cl ear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland f low paths m ust not be im peded or diverted by f ill or structures unless otherwise approved.



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In the event of a Council drainage pipe line being uncovered during construction, all work is to cease and the Certifying Author ity and Council (if it is not the Certifying Authority) m ust be contacted im mediately for advice. Any dam age caused to a Council drainage system must be im mediately repaired in full as directed, and at no cost to Council.

(Reason: Protection of Public Drainage Assets)

Geotechnical Stability during Works

E6. A contractor with specialist excavation experience must undertake the excavations for

the development and a suitably qualified a nd consulting geotechnical engineer m ust oversee the excavation procedure. Geotechnical aspects of the developm ent work, nam ely appropriate excavation method and vibration control, support a nd retention of excavated faces, and hydrogeological considerations m ust be undertaken in accordance with the recommendations of the geotechnical engi neer and all subsequent geotechnical inspections carried out during the excavation and construction phase. Approval m ust be obtained from all a ffected property owners, including North Sydney Council where rock anchors (both temporary and perm anent) are proposed below adjacent private or public property. (Reason: Ensure appropriate professiona l are engaged at appropriate stages

during construction)

Council Inspection of Public Infrastructure Works

E7. During the works on public infrastructure re verting to Councils care and control, Councils developm ent engineer m ust undert ake inspections of the works at the following hold points: - a) Vehicular access; and associated road civil works. All works m ust proceed in accordance w ith Roads Act 1993 approvals or other permits relating to roads issued by Counc il. A m inimum of 48 hours notice m ust be given to Council to book an inspection. W ork 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)



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Removal of Extra Fabric E8. Should any portion of the existing building, tr ees, or curtilage of the site which is

indicated on the approved plans to be reta ined be dam aged for whatever reason, all the works in the area of the dam aged portion are to cease and written notification of the dam age is to be given to Council fort hwith. No work is to resum e until the written approval of Council to do so is obt ained. Failure to com ply with the provisions of this condition m ay result in the Council taking further action including legal proceedings if necessary.

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

Dust Emission and Air Quality E9. 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 f ill m aterial m ust be

covered. (c) Dust suppression m easures m ust be carried out to m inimise wind-borne

emissions in accordance with the NSW Departm ent 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 E10. The works m ust be undertaken in accordan ce with the “Interim Construction Noise

Guideline” published by the NSW Environm ent Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to m inimise 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 E11. The developer m ust bear the cost of all wo rks associated with the developm ent 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



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E12. No trees on public property (footpaths, roads, reserves, etc.) unless specifically approved by this consent shall be rem oved or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environm ental inf rastructure and com munity

assets)

Trees to be Removed E13. All trees on the site must be protected and retained save for those expressly identified

below as being approved for removal: -

(a) Shown as rem oved in the Arborists Im pact and Method Statem ent referred to in Condition C15 of this consent.

(b) Trees not covered by Councils Tree Management Permit and those identified as noxious plants.

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

Special Permits E14. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of m aterials, loading and unloading associated with the developm ent m ust occur entirely on the property. The developer, owner or builder m ay a pply for specific perm its available from Council’s Custom er Service Centre fo r the underm entioned activities on Council’s property. In the event that a perm it is granted by Council for the carrying out of works, processes, storage of m aterials, loading and unloading associated with the development on Council' s property, the developm ent m ust 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 pum ps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate perm its are required for each occasion and each piece of equipm ent. It is the developer' s, owner’s and builder’s responsibilities to take what ever steps are necessary to ensure that the use of any equipm ent does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)



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2) Hoardings

Permits are required to erect Class A a nd 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 bu ilding w aste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building m aterials and building waste containers (skips) are required for each location. Failure to obtain the relevant perm its will result in the building m aterials 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 kerb side restrictions adjacent to the development. Should alteration of exis ting kerbside restrictions be required, or the provision of a construction zone, the appropriate application m ust be made and the fee paid to Council. A lternatives to such restrictions m ay require referral to Council’s Traffic Committee and m ay take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.


Noxious Plants E15. All lantana, privet, rubber trees, asthm a weed, and other declared noxious plants on

the site, must be eradicated before the commencement of landscape works. (Reason: To ensure that plants identifie d as weed species are not allowed to

proliferate or interfere with a quality landscaping outcome) Construction Hours E16. Building construction and works m ust 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.



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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, form work, fixture, fitting of service installation and the unloading of plant, m achinery, m aterials or the like.

b) “Demolition works” m eans 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/rem oving materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators m ust display, on-s ite, their twenty-four (24) hour contact telephone num ber, 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 am enity

expectations of residents and the community) Installation and Maintenance of Sediment Control

E17. Erosion and sedim ent controls m ust be installed and m aintained at all tim es in accordance with the Sedim ent and erosion control plan subm itted and approved with the Construction Certificate. Erosion and sedim ent m easures m ust be m aintained in accordance with the publication Managing Urban Storm water: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as th e “Blue Book” and can only be rem oved when development activities have been completed and the site fully stabilised.


erosion from development sites) Sediment and Erosion Control Signage E18. 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 m aintained. A sign of the type referred to in this condition is available f rom Council.




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erosion from development sites) Site Amenities and Facilities E19. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisf y applicable occupational health and saf ety and construction safety regulations, including any W orkCover Authority requirem ents, m ust be provided and maintained at all tim es. The t ype of work place determ ines the type of amenities required.

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

(Reason: To ensure the health and safe ty of the com munity and workers on the

site) Health and Safety E20. All work undertaken m ust satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirem ents to prepare a health and safety plan. Site fenc ing 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 obt ained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safe ty of the com munity and workers on the

site) Prohibition on Use of Pavements E21. Building m aterials m ust not be placed on Council's footpaths, roadways, parks or

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

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

Plant & Equipment Kept Within Site E22. All plant and equipment used in the undertaking of the development/ works, including

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

Details of Council requirem ents for perm its on public land for standing plant, hoardings, storage of m aterials and construction zones and the like are available on Council’s website at www.northsydney.nsw.gov.au.



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

Waste Disposal E23. All records dem onstrating the lawful dispos al of waste m ust be retained and kept

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

Asbestos Removal E24. All dem olition works involving the rem oval a nd disposal of asbestos cem ent m ust

only be undertaken by contractors who hol d a current W orkCover Asbestos or “Demolition Licence” and a current W orkCover “Class 2 (Restricted) Asbestos Licence and rem oval 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) F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation

Building Code of Australia F1. All building work m ust 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 Hom e Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act m ust not be carried out unle ss the Principal Certif ying Authority f or 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 pr incipal contractor is required to be

appointed:

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

6 of that Act, or



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(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 arrangem ents for doing residentia l building work are changed while the work is in progress such that th e inform ation subm itted to Council in accordance with this conditions is out of date, work must cease and no further work m ay be carried out unless the Pr incipal Certif ying Authority f or 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 Pa rt is, for the purposes of this clause, sufficient evidence that the person has co mplied with the requirem ents of that Part.

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent

must not be com menced until the develope r has appointed a Principal Certifying Authority for the building work in accordan ce with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropria te safeguarding m easures are in place

prior to the com mencement of any building work, dem olition or excavation)

Construction Certificate F4. Building work, demolition or excavation in accordance with the development consent

must not be com menced until a Construction Ce rtificate for the relevant part of the building work has been issued in accordan ce with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropria te safeguarding m easures are in place

prior to the com mencement of any building work, dem olition or excavation)



September 2013 v1

Occupation Certificate F5. A person m ust not com mence occupation or us e of the whole or any part of a new

building (new building includes an altered por tion of, or an extension to, an existing building) unless an Occupation Certif icate has been issued in relation to the building or part. Only the Principal Certifying Aut hority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory)

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

stage occasions prescribed by the EP&A Ac t 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 m ust be executed safely a nd in accordance with appropriate professional standards.

2) All excavations associated with the erection or dem olition of a building m ust

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

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

AS2601- Demolition of Structures.

(Reason: To ensure that work is undert aken in a professional and responsible manner and protect adjoining prope rty 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 nam e of the principal contractor (or person in charge of the work site), and a telephone num ber at which that person m ay be contacted at any time for business purposes and outside working hours; and

c) showing the nam e, address and telephone num ber of the Principal



September 2013 v1

Certifying Authority for the work.

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

(Reason: Prescribed - Statutory)

G. Prior to the Issue of an Occupation Certificate Swimming pool deck and fence G1. Prior to the issue of any Occupation Certif icate, a statem ent prepared by a suitably

qualified surveyor m ust be subm itted to the Certif ying Authority indicating that any new works to the decking around the swimming pool and/or swimming pool fence are located wholly within the subject site. (Reason: To ensure the works have been undertaken wholly within the subject site)

Infrastructure Repair and Completion of Works G2. Prior to the issue of any Occupation Cer tificate any and all works relating to the

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

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

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

(Reason: Maintain quality of Public assets)

Pool Access G3. Access to the pool m ust be restricted by a child resistant barrier in accordance with

the regulations prescribed in the Swi mming Pools Act 1992, and the requirem ents of the applicable Australian Standard prior to the issuing of any Occupation Certificate.

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

obligations under the provisions of the Swimming Pools Act)



September 2013 v1

Damage to Adjoining Properties G4. All precautions m ust be taken to prevent any dam age likely to be sustained to

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

(Reason: To ensure adjoining owner’s property rights are protected) 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 occupati on certificate. This shall be at no cost to Council.

(Reason: To ensure compliance with the terms of this consent) Required Tree Planting G6. On completion of works and prior to the i ssue of an Occupation Certificate trees in

accordance with the schedule hereunder m ust be planted between the swim ming pool and the dwelling

Schedule

Tree Species Location Pot Size Two (2) semi-mature Angophora Costata

Between the swimming pool and the dwelling

Minimum of 100 litre

The installation of such trees, their current health and their prospects for future survival m ust be certified upon com pletion by an appropriately qualified horticulturalist. Upon completion of installation and prior to the issue of an Occupation Certificate an appropriately qualif ied horticulturalist m ust certif y that any trees planted in accordance with this condition are healthy and have good prospects of future survival. The certif ication m ust be subm itted with any application f or an Occupation Certificate.

(Reason: To ensure that replacem ent plantings are provide to enhance

community landscaped amenity and cultural assets) BASIX Completion Certificate G7. In accordance with Clause 154C of the Environmental Planning and Assessm ent

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

(Reason: To ensure compliance with the specified BASIX Certificate)



September 2013 v1

Compliance with Certain conditions G8. Prior to the issue of any Occupation Certif icate, Condition C18 must be certif ied as

having been implemented on site and complied with.

(Reason: To ensure the developm ent is com pleted in accordance with the requirements of this consent)

Landscaping G9. The landscaping shown in the approved landscape plan num bered 462 prepared by

Tranquillity Landscapes dated July 2016 and received by Council on 27 July 2016 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) I. On-Going / Operational Conditions Single Occupancy I1. Nothing in this consent authorises the use of the prem ises other than for a single

occupancy.

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


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North Sydney CouncilCopydght:

Copydght @ North Sydrey Counc¡l - No part ol th¡s map may b€ r€produædw¡lhout pomission Commerc¡al decis¡ons shouh rct b€ mad€ based on¡nformat¡on @ntah€d in lh¡s map without f¡rst ch€ck¡ng details held by lhêresponsible Governrent auúìority.

Fulherdetails cm b€ oblained by €ll¡rE (02) S936 8'100 or€-mâ¡lmâpp¡ng@northsydney-Nwgov-au.


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.

DRAWING LISTNo.

DÀ-À-000

oa-a-001

DA-A-010

DA-A-030

DA-A-031

DA-A-1 00

DA-A-1 01

DA-A-1 02

DA-A-1 03

DA-A-1 04

DA-A-1 05

DA-A-200

DA-A-201

DA-A-202

DA-A-203

DA-A-204

DA-A-205

DA-A-20ó

DA-A-800

DA-A-850

DA-A-851

DA-A-852

DA-A-990

0a-a-991

DESCRIPTION-TITLE

NO-TES

SIIE PLAN

SEDI¡,1ENT CONTROL PLAN

ST0RN4WATER ¡,lANAGE¡.4ENT PLAN

LEVEL ]

LEVEL 2

LEVEL 3

ROOF -TERRACE

f EX BUILDINGI

STUDY LEVEL

PÀRKINC BAY LEVEL

NORTH ELEVATION IEX BUILDIN6I

NORIH ÊLEVATION ISTUDY]

SOUTH ELEVATIONS

EAST ELEVAÍIONS

WEST ELEVAÍION

SEC-IION A-A

SEC-TIONS B-B IDRIVEWAY SECTION)

AREA CALCULATIONS

SHADOWS - I,4ARCH EQUINOX

SHADOWS - JUNE NlIDW¡NIER

sHADOWS - SEPTEN4BER EOUINOX

Nerqhbour Not¡frcatron

Nerqhbour Notrfrcatron

BASIX REOUIREMENTS

H0T WAIER: Gas rnstanlãneous hot waler syslem must be instetted

LIGHTING:40% of new or èttered tight tixtures are to be fitted with ftuorescent, compèctfl0orescent or LED tâmps

WATER RAIING FOR FIXTURES:showerheãds:3 starTorlet flushing systems: mrn 3 starTaps: m¡n 3 star

THERMAL REOUIREMENTS

FLOORConcrete stab on ground ftoor: n¡lsuspended ttoor with open subftoor, concrete (R0 6l: R0 9 fdownl or {R1.50including constructionl

EX-TERNAL WALLSExternaI wa(t cavity brick: nitExternat wâtt frâmedi R1.3 or 1R1.70 including constructionlExternã[ watt concrele block/pLasterboãrd: R1.18 or lR] 70 inctudingconstruclionl

wlN00ws/D00RsSta¡dêrd a[umin¡um singte ctear: U-Vatue: 7 ó3, SHGC;0 75 to aLt

CEILING/ROOFFtat ceit¡ng, ftãl roof [concrete/ptasterboard ¡nternatl: ceiling: R2 08 lupl, roof:foitbacked btankel l55mml Medium lsoterebsorptance 0 4?5-0 70J

SELECTIONS LEGEND

REFER TO SELECIIONS SCHEOULE FOR MORE OETAIL

AD

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ALUMINIUM FRAN,4ED DOORALUMINIUM FRAN¡ED WINDOWBOLLARDBALUSIRADE TYPE #BOX GUTTERBLOCKWORKBRICKWORKCARPETCONCRETEcERAl.,llC FLO0R TILE FlNlSHCERAMIC WALL TILE FINISHDOORDISHWASHERDOWNPIPEELECTRICAL DISTRIBUTION BOARDEXISTINGFACE BRICKFIBRE cEt'lENTFIXED 6LÂSSFLASHINGFIRE RATEDFLOOR WASIEFINISHED FLOOR LEVEFINISHED SLAB LEVELGRATED DRAINGUTTERHANDRAILHOT WATER UNITLAUNDRYLOUVREMETER BOXMETAL LOUVRESMETAL ROOF SHEET TYPE #PAINTPAVINGPLASTERBOARDPOOL FENCEPOLYURETHANE FINISHMESH CAGEREFRIGERATORRENDERRELATIVE LEVEL fTO AUS-TRALIAN HEIGHT DATUMRAINWATER OUTLETRAINWATER TANKSTEEL ANGLESTEEL COLUMNSLIDING TIMBER DOORSTEEL GATESKIRTINGSTONE PAVINGIIMBER FRAI,iED WINDoWTRANSLUCENT GLAZING IOESCUREIVENT PIPEWASHING MACHINEWHEEL SIOP

NOTE5

DEVELOPMENT APPLICATION

DÂ SU8l.ll55l0N

REV - 15104/2016

8 COWDROY AVENUE, CAMI,IERAY. LOT 4 DP 8933

ADAM & ERIN FITZHENRY

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LEGEND

Refer to the notes page for tegend that ¡ncludesfunher notes and explanalion ol abbreviation

aBN 9A 1¿2 020 ó93

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ATTACHMENT TO IPP04 - 03/08/16 Page 52

Luke DonovanNORTH SYDNEY COUNCIL

200 Mitter StreetNORTH SYDNEY NSW 2OóO

REOUEST TO VARY A DEVELOPMENT STANDARD . HEIGHT8 COWDROY AVENUE tl 5_038]

Dear Luke,

With reference to the devetopment apptication DA137/16 for the alterations and additions toan existing singte residence on the lot known as 4 DPB933 [8 Cowdroy Street Cammerayì, theapplicant Adam Fitzhenry seeks this variation under Ctause 4.ó of the North Sydney LocalEnvironmentat Ptan 201 5.

It retates to the devetopment standard detaiLed in C[ause 4.3 Height of Buitding under NorthSydney LEP 2013 and has been prepared in tight of Councit's assessment report and

subsequent verbaI advice received from Councit.

The height breach is timited to the requirement of providing a complying batustrade to theexisting roof terrace and a minor height increase of the existing ditapidated glass roof tochange the roof and structure to a timber framed roof with a metaI deck roof and to ensurethe ceiting height is a minimum 2100mm internalty for access.

1. ENVIRONMENTALPLANNINGINSTRUMENT

North Sydney LEP 201 3

2. ZONING AND ZONING OBJECTIVES OF THE LAND

Land use zone: E4 Environmenta[ living0bjectives of the zone:

. Toprovidefortow-impactresidentiaLdevelopmentinareaswithspeciaIecotogicat,scientificoraesthetic vatues

. To ensure that residentiaI devetopment does not have an adverse effect on those vatues.

. To ensure that a high [eve[ of residentiaI amenity is achieved and maintained

CLause 4.3: Height of Buitdings - B.5m

The objectives of the standard are:(a) to promote development that conforms to and reftects natural Landforms, by

stepping devetopment on stoping [and to fottow the naturaI gradient,

Ib) to promote the retention and, if appropriate, sharing of existing views,

SMITH &TZANNES

ARCHITECTURE

URBAN PLANNING

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SMITH &TZANNES

[cl to maintain sotar access to existing dweLtings, pubtic reserves and streets, and to

promote solar access for future devetopment,

fdl to maintain privacy for residents of existing dwettings and to Promote privacy forresidents of new buitdings,[e] to ensure compatibitity between development, particularty at zone boundaries,

[fl to encourage an appropriate scale and density of development that is in

accordance with, and promotes the character of, an area.

3. COMPLIANCE WITI{ THE DEVELOPMENT STANDARD IS UNREASONABLE OR

UNNECESSARY IN THE CIRCUMSTANCES OF THE CASE

The objectives of the standard are achieved notwithstanding non-comptiance with thestandard.

[a) to promote deve[opment that conforms to and reftects natura[ [andforms, by

stepping devetopment on sloping [and to fotlow the naturaI gradient,

This is not relevant in this instance has we are not significantty changing the

buiLding formIb) to promote the retention and, if appropriate, sharing of existing views,

The proposed height breach of the batustrade and roof form does not impact the

surrounding neighbours and cause any significant view [oss.

Ic) to maintain so[ar access to existing dwe[tings, pubtic reserves and streets, and

to promote sotar access for f uture devetopment,The proposed height breach of the balustrade and roof form has minimal if any

impact to the solar access of the adjoining dwelttngs

td) to maintain privacy for residents of existrng dweltings and to promote privacy forresidents of new buiLdings,

The proposed height breach of the batustrade and roof form does not rmpact theprivacy of the adjoining dweLlings

Ie) (el to ensure compatibil.ity between devetopment, particu[arly at zone

bou nda ries,The proposed height breach of the ba[ustrade and roof form does not impact the

compatibi Lity between devetopmentstÍ) to encourage an appropriate sca[e and density of devetopment that is in

accordance with, and promotes the character of, an area.

[g] T¡re proposed height breach of the batustrade and roof form generatly does not

change the scate of the development and does not increase the density of the

devetopment.

1. ENVIRONMENTAL PLANNING GROUNDS TO JUSTIFY CONTRAVENING THE

DEVELOPMENT STANDARDThe variation to the development standard for buitding height is considered wetl founded

because the breach in height is for necessary improvements to the existing dwelting which

witt at[ow comptiance with the BCA for a batustrade to the roof terrace and the ceiLing height

to access the roof terrace. lt atso resotves a current serious safety issue where the roof

terrace has no comptying batustrade with a significant Levet change from the roof terrace to

the ground.

11-07-2016 28 COWDROY AVENUE U 5 038] REOUEST TO VARY A DEVELOPN4ENT STANDARD - HEIGHT


5. IN THE PUBLIC INTEREsT BECAUSE IT IS CONSISTENT WITH THE OBJECTIVES OF

THE ZONE AND DEVELOPMENT STANDARD.

The breach in height of the proposed new balustrade and replacement roof form does not

significantty change the buìl.ding and is therefore consistent with the objectives of the

development sta ndards.

ó. c0NcLUsl0N

For the reasons outtined above, it is considered that the objection to Clause 4.3 of the NorthSydney Councit LEP 2013 is welt-founded in this instance and the granting of a variation to thedevetopment standard is appropriate in the circumstances. Furthermore the objection is

considered to be wetl founded for the fottowing reasons:

. The proposed devetopment is ctearty consistent with the undertying objectives of maximum

buiLding height;

. No unreasonabte impacts are associated with the proposed variation.

We trust this information satisfies Councit's requirements in determining this matter;

however shouLd further information be required, p[ease do not hesitate to contact the

undersigned on 951 6 2022.

Si ncerety,SMITH & TZANNES

Andrew TzannesDirector

SMITH &TZANNES

B COWDROY AVENUE t15-0381 REOUEST TO VARY A DEVELOPt\4ENT STANDARD - HEIGHT 11-07-2016 3


Expert Arboricultural planning, advice and care slnce 1998

Arborist Reports, Landscape Design, Flora and Fauna Surveys,Biodiversity and Ecological lmpact Assessments &

Bushfire Protection Assessment Services

21 April2016

8 Cowdroy AvenueCammeray, NSW

Prepared for

Adam Fitzhenry


Summary

The proposed development includes alterations andadditions to the existing dwelling and construction of newparking bays and office. I have inspected all the treesthat could be affected and list their details in Appendix2.Based on this information, I provided guidance to projectarchitect on the constraints these trees impose on theuse of the site.

One high category tree and ten low category trees will belost because of this proposal. Two of the low category treesare being recommended for removal due the structuraldamage they are causing, or likely to cause, to the poolcoping and surrounding area. A landscaping scheme tomitigate these losses is proposed that will include theplanting of new trees. The proposed changes mayadversely affect a further twelve high category trees andnineteen low category trees ¡f appropriate protectivemeasures are not taken. However, if adequate precautionsto protect the retained trees are specified and implementedthrough the arboricultural method statement included in thisreport, the development proposal will have no adverseimpact on the contribution of trees to local amenity orcharacter.

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Table of Contents

1 INTRODUCTION

2 THE LAYOUT DESIGN

3 ARBORICULTURAL IMPACT APPRAISAL

4 ARBORICULTURAL METHOD STATEMENT

5 HOW TO USE THIS REPORT

6 OTHER CONSIDERATIONS

7 BIBLIOGRAPHY

8 DISCLAIMER

Appendices

Qualifications and experience

Tree schedule and explanatory notes

Tree AZ categories

Tree protection fencing and signs - lllustrativespecification

Root zone and trunk protection - lllustrativespecification

General guidance for working in TPZ

Schedule of works and responsibilities

Tree management plan

Page

4

5

7

10

13

14

14

15

1

2

3

4

20

16

17

21

22

23

27

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5

6

7

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1 INTRODUCTION

1.1 lnstruction: I am instructed by Smith and Tzannes to inspect the treepopulation at 8 Cowdroy Avenue, Cammeray and to provide an arboriculturalreport to accompany a development application. This report investigates theimpact of the proposed development on trees and provides the followingguidelines for appropriate tree management and protective measures:

a

a

a schedule of the relevant trees to include basic data and a conditionassessment;an appraisal of the impact of the proposal on trees and any resulting impactthat has on local character and amenity;a preliminary arboricultural method statement setting out appropriateprotective measures and management for trees to be retained

a

1.2

1.3

1.4

1.5

Purpose of this report: This report provides an analysis of the impact of thedevelopment proposal on trees with additional guidance on appropriatemanagement and protective measures. lts primary purpose is for the council toreview the tree information in support of the planning submission and use as thebasis for issuing a planning consent or engaging in further discussions towardsthat end. Within this planning process, it will be available for inspection bypeople other than tree experts so the information is presented to be helpful tothose without a detailed knowledge of the subject.

Qualifications and experience: I have based this report on my siteobservations and the provided information, and I have come to conclusions inthe light of my experience. I have experience and qualifications in arboriculture,and include a summary in APPendix 1.

Documents and information provided: Smith and Tzannes provided me withcopies of the following documents:

. Site Plan, Dwg No. 15_038_DA_A-010, by Smith and Zannes dated 15 April2016; and

o Survey Plan Dwg. No. CowdrySDWG, by Landscape Surveys dated 28 April2015.

Scope of this report: This report is only concerned with thirty-two trees, fourof which are located either right on the property boundary or on theneighbouring property. lt takes no account of other trees, shrubs orgroundcovers within the site unless stated otherwise. lt includes a preliminaryassessment based on the site visit and the documents provided, listed in 1.4above.

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2. THE LAYOUT DESIGN

2.1 T¡ee AZ method of tree assessment: The TreeV assessment methoddetermines the worthiness of trees in the planning process. IreeAZ is based ona systematic method of assessing whether individual trees are important andhow much weight they should be given in management considerations.Simplistically, trees assessed as potentially important are categorised as 'A'and those assessed aS less important are categorised as 'Z'. Furtherexplanation of TreeM can be found in Appendix 3.

ln the context of new development, all The Z trees are discounted as a materialconstraint in layout design. All the A trees are potentially important and theydictate the design constraints. This relatively simple constraints information issuitable for use by the architect to optimise the retention of the best trees in thecontext of other material considerations.

2.2 Site visit and collection of data

2.2.1

2.2.2

Site visit: I carried out an accompanied site visit on 11 November 2015 in thepresence of Mr Fitzhenry, the owner, and Andrew Tzannes, the architect. All myobservations were from ground level and I estimated all dimensions unlessothenryise indicated. Aerial inspections, root or soil analysis, exploratory roottrenching and internal diagnostic testing was not undertaken as part of thisassessment. I did not have access to trees on other private properties andhave confined observations of them to what was visible from within the property.The weather at the time of inspection was dull and damp with average visibility.

Brief site description: I Cowdroy Avenue is located in the residential suburbof Cammeray (refer figure 1). The site is on the northern side of the road andsurrounded by similar residential development. The property consists of a largehouse set to the rear of a long narrow garden. The surrounding topography issteep and the site is exposed to the north as it fronts Long Bay. The gardenslopes steeply downwards from the front boundary to the rear and is exposed tothe north.

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2.2.3

2.2.4

2.2.5

2.3

Gollection of basic data: I inspected each tree and have collected informationon species, height, diameter, maturity and potential for contribution to amenityin a development context. I have recorded this information in the tree scheduleincluded, with explanatory notes, in Appendix 2. Each tree was then allocatedto one of four categories (AA, A, Z or 2), which reflected its suitability as amatérial constraint on development.

ldentification and location of the trees: I have illustrated the locations of thesignifìcant trees on the Tree Management Plan (Plan TMP01) included asAppendix 8. This plan is for illustrative purposes only and it should not be usedfor directly scaling measurements.

Advanced interpretation of data: Australian Standard Protection of trees ondevelopment sifes (454970-2009), recommends that the trunk diametermeasurement for each tree is used to calculate the tree protection zone (TPZ),which can then be interpreted to identify the design constraints and, once alayout has been consented, the exclusion zone is to be protected by barriers.

The use of the tree information in layout design: Following my inspection ofthe trees, the information listed in Appendix 2 was used to provide constraintsguidance based on the locations of all the A trees. All the Z trees werediscounted because they were not considered worthy of being a materialconstraint. This guidance identified two zones of constraint based on thefollowing considerations:

The tree protection zone (TPZ) is an area where ground disturbance mustbe carefully controlled. The TPZ was established according to therecommendations set out in 454970-2009 and is the radial offset distanceof twelve (x12) times the trunk diameter. ln principle, a maximumencroachment of 10% is acceptable within the TPZ and a high level of careis needed during any activities that are authorised within it if important treesare to be successfully retained.

a

a The structural root zone (SRZ) is a radial distance from the centre of atree's trunk, where it is likely that structural, woody roots would beencountered. The distance is calculated on trunk flare diameter at groundlevel. The SRZ may also be influenced by natural or built structures, suchas rocks and footings. The SRZ only needs to be calculated when majorencroachment (>10%) into aTPZ is proposed.

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3. ARBORICULTURAL IMPACT APPRAISAL

3.1 Summary of the impact on trees: I have assessed the impact of the proposalon trees by the extent of disturbance in TPZs and the encroachment ofstructures into the SRZ (as set out briefly in 2.3 above and more extensively inAppendix 2). All the trees that may be affected by the development proposal arelisted in Table 1

Table 1: Summary of existing trees and trees that may be affected bydevelopment

Retained treesthat may beaffected throughdisturbanceto TPZs

Trees to beremoved

Removal of existingsu rfaci n g/structu res/landscaping and/orinstallation of newsu rfaci n g/structu res/landscapingBuilding anddrivewayconstruction and/orlevelvariationswithin TPZ

2, 5,7 ,

11, 14,17, 19,21,23,

26,27,33

3,412,16,22,

9 (x6),13,15,18,20, 2524,28,34

61, 8, 9 (x3),10,29,30,

31,32

3.2 Detailed impact appraisal

3.2.1 Category AA and A trees to be lost: The proposed development willnecessitate the removal of one high category tree (Tree 6). This tree isconsidered moderate to high significance and displays good health andcondition. Due to the number of trees already on this site, there is no immediateneed to replenish this tree.

3.2.2 Category AA and A trees that could potentially be adversely affectedthrough TPZ disturbance: Twelve category A trees (Trees 2,5,7,11,14, 17,19, 21, 23, 26, 27 and 33) could potentially be adversely affected throughdisturbance to their TPZs as follows.

Tree 2'. This tree is located adjacent to the existing driveway where it hassuccessfully established itself in a very narrow garden bed. The proposeddriveway is shown within the same footprint as the existing. lt is not clearhowever from the plans submitted if the surfacing material is going to bereplaced. ln the event that a new driveway material shall be laid afterdemolition of the existrng driveway material, it should be done with greatcare. These changes may cause harm if not carried out with care. I havereviewed the situation carefully and my experience is that this tree could beretained without any adverse effects if appropriate protective measures areproperly specified and controlled through a detailed arboricultural methodstatement

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Trees 5, 7, and 11: These are important trees with a high potential tocontribute to amenity so any adverse impacts on them should be minimised.Upgrading of existing surfacing near them is proposed however theproposal has re-used the existing footprint of the driveway and stairs, whichshould help to minimise any adverse impact. These changes may causeharm if not carried out with care. I have reviewed the situation carefully andmy experience is that these trees could be successfully retained without anyadverse effects if appropriate protective measures are properly specifledand controlled through a detailed arboricultural method statement.

Tree 14. This is an important tree with a high potential to contribute toamenity so any adverse impacts on them should be minimised. Theproposal is to demolish the existing carport which is directly located withinadjacent to the TPZ of free 14. The demolition of this structure will need tobe carried out with extreme care to minimise impacts to the TPZ. lmpactsare unlikely as the existing structure will most likely be restricting rootgrowth beyond the existing built form.

Trees 17, 19, 21 and 23: These are important trees with a high potential tocontribute to amenity so any adverse impacts on them should be minimised.The proposed works remain largely outside their TPZ and impacts are notexpected. I have reviewed the situation carefully and my experience is thatthese trees could be successfully retained without any adverse effects ifappropriate protective measures are properly specified and controlledthrough a detailed arboricultural method statement.

Trees 26, 27 and 33: These are important trees with a high potential tocontribute to amenity so any adverse impacts on them should be minimised.These trees are all located in close proximity to existing structures. There ispotential for disturbance within their TPZ in order to facilitate theconstruction process. The existing footpath shall be retained as a groundprotection measure and if it is to be removed then appropriate groundprotection measures are to be implemented as outlined in Appendices 5and 6 of this report.

3.2.3

3.2.4

Low category trees to be retained: Thirteen low category trees that areprotected under the North Sydney Tree Preservation Order are to be retained,(Trees 3,4, 12, 13, 15, 16, 18,20,22,24,25,28, and 34). An additional sixtrees (all listed as Tree 9) are exempt from the TPO but have been indicated asbeing retained.

Low category trees to be removed: The proposed development willnecessitate the removal of nine trees of low and very low retention value (Trees1, 8, 9 (x3), 10,29,30, 31 and 32). None of these trees are consideredsignificant or worthy of special measures to ensure their preservation. lt shouldbe noted that Trees 29 and 31 are currently causing structural damage to thepool coping and this will only intensify as the trees further grow and mature.Although they will remain unaffected by the proposal, there removal isrecommended irrespective of the proposed works.

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3.3 Proposals to mitigate any impact

Protection of retained trees: The successful retention of trees within the sitewill depend on the quality of the protection and the administrative procedures toensure protective measures remain in place throughout the development. Aneffective way of doing this is through an arboricultural method statement thatcan be specifìcally referred to in the planning condition. An arboriculturalmethod statement for this site is set out in detail in Section 4.

3.3.1

3.3.2 Summary of the impact on local amenity: One high category tree and ten lowcategory trees will be lost because of this proposal. Two of the low categorytrees are being recommended for removal due the structural damage they arecausing, or likely to cause, to the pool coping and surrounding area. Alandscaping scheme to mitigate these losses is proposed that will include theplanting of new trees. The proposed changes may adversely affect a furthertwelve high category trees and nineteen low category trees if appropriateprotective measures are not taken. However, if adequate precautions to protectthe retained trees are specified and implemented through the arboriculturalmethod statement included in this report, the development proposalwill have noadverse impact on the contribution of trees to local amenity or character.

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4. ARBORICULTURAL METHOD STATEMENT

4.1 lntroduction

4.1.1 Terms of reference: The impact appraisal in Section 3 identifled the potentialimpacts on trees caused by proposed development. Section 4 is anarboricultural method statement setting out management and protection detailsthat must be implemented to secure successful tree retention. lt has evolvedfrom Australian Standard 4S4970-2009 Protection of trees on developmentsifes.

4.1.2 plan TMPSI: Plan TMP01 in Appendix I is illustrative and based entirely onprovided information. This plan should only be used for dealing with the treeissues and all scaled measurements must be checked against the originalsubmission documents. The precise location of all protective measures must beconfìrmed at the pre-commencement meeting before any demolition orconstruction activity starts. lts base is the existing land survey, which has theproposed layout superimposed so the two can be easily compared. lt shows theexisting trees numbered, with high categories (A) highlighted in green trianglesand low categories (Z) highlighted in blue rectangles. lt also shows the locationsof the proposed protective measures.

4.2

4.2.1

4.2.2

4.3

Tree protection with fencing and ground protection

Protection fencing: Tree protection fencing must comply with 454970 (section4.3) recommendations. An illustrative guide is included as Appendix 4. Theapproximate location of the barriers and the TPZs is illustrated on plan TMP01.The precise location of the fencing must be agreed with the project Arboristbefore any development activity starts.

Ground protection: Any TPZs outside the protective fencing must be coveredin ground protection based on 454970 recommendations until there is no risk ofdamage from the demolition and construction activity. An illustrativespecification for this ground protection is included as Appendix 5. The existingfootpath that lies within the TPZ's of trees 26 and 27 should remain in place toserve as adequate ground protection however, should this existing footpath beremoved then appropriate ground protection measures shall be implemented asper 454970.

Precautions when working in TPZs: Any work in TPZs must be done withcare as set out in Appendix 6. On this site, special precautions must be takennear trees 2, 5,7, 11, 14, 19,26 and 27 as illustrated on plan TMP01 andsummarised below:

Removal of existing surfacing/structures and replacement with newsurfacing/structures: Trees 2,5,7, 11, 14, 19,26 and 27 may beadversely affected by the proposed demolition and construction works asshown on the submitted plans. Any adverse impact must be minimised

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by following the guidance set out in Appendix 6. lt should be noted thatthe proposed ground treatments within the TPZ's of trees 11, 14,19 and23 have not been fully designed at the time of compiling this report.

Removal of existing surfacing/structures and replacement with newsoft landscaping: Trees 2, 5,7 , 11, 14, 19,26 and 27 may be adverselyaffected by the removal of the existing surfacing or structures in this areaand its reinstatement to soft landscaping. Any adverse impact must beminimised by following the general guidance set out in Section 4 andT ofAppendix 6.

lnstallation of new soft landscaping: All landscaping activity withinTPZs has the potential to cause severe damage and any adverse impactmust be minimised by following the guidance set out in Section 7 ofAppendix 6.

lnstallation of new services or upgrading of existing services: lt isoften difficult to clearly establish the detail of sêrvices until theconstruction is in progress. Where possible, it is proposed to use theexisting services into the site and keep all new services outside TPZs.However, where existing services within TPZs require upgrading or newservices have to be installed in TPZs, great care must be taken tominimise any disturbance. Trenchless installation should be the preferredoption but if that is not feasible, any excavation must be carried out byhand according to the guidelines set out in Section 6 of Appendix 6. lfservices do need to be installed within TPZs, consultation must beobtained from the project Arborist and/or council before any works arecarried out.

4.4 Other tree related works

4.4.1

4.4.2

Site storage, cement mixing and washing points: All site storage areas,cement mixing and washing points for equipment and vehicles must be outsideTPZs unless otherwise agreed with the project Arborist and/or council. Wherethere is a risk of polluted water run off into TPZs, heavy-duty plastic sheetingand sandbags must be used to contain spillages and prevent contamination.

Pruning: Any pruning that is required to accommodate hoardings, scaffoldingor to accommodate the unloading/loading of vehicles and has been approvedby Council shall be carried out by a qualified Arborist (AOF3) and must be inaccordance with 454373 Australian Standards 'Pruning of Amenity Trees'.

4.5 Programme of tree protection and supervision

Site supervision: Once the site is active, the project arborist must visit at aninterval agreed at the pre-commencement site meeting. The supervisionarrangement must be sufficiently flexible to allow the supervision of all sensitiveworks as they occur. The project arborist's initial role is to liaise with developer

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4.5.2

to ensure that appropriate protective measures are designed and in placebefore any works start on site. Once the site is working, that role will switch tomonitoring compliance with arboricultural conditions and advising on any treeproblems that arise or modifications that become necessary.

Site management: lt is the developer's responsibility to ensure that the detailsof this arboricultural method statement and any agreed amendments are knownand understood by all site personnel. Copies of the agreed documents must bekept on site at all times and the site manager must brief all personnel who couldhave an impact on trees on the speciflc tree protection requirements. This mustbe a part of the site induction procedures and written into appropriate sitemanagement documents.

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5. HOW TO USE THIS REPORT

5.1 Limitations: lt is common that the detail of logistical issues such as site storageand the build programme are not finalised until after consent is issued. As thisreport has been prepared in advance of consent, some of its content may needto be updated as more detailed information becomes available once the post-consent project management starts. Although this document will remain theprimary reference in the event of any disputes, some of its content may besuperseded by authorised post-consent amendments.

5.2 Suggestions for the effective use of this report: Section 4 of this report,including the relevant appendices, is designed as an enforcement reference. ltis constructed so the council can directly reference the detail in a planningcondition. Referencing the report by name and relating conditions to specificsubsections is an effective means of reducing confusion and facilitatingenforcement in the event of problems during implementation. More specifically,the following issues should be directly referenced in the conditions for this site:

1. Pre-commencementmeeting2. Protection fence3. Ground protection4. Removal of surfacing/structures5. lnstallation of surfacing/structures6. Services7. Landscaping8. Programming of tree protection9. Arboricultural supervision

4.5.2 and Appendix 74.2.1 and Appendix 44.2.2 and Appendix 54.3 and Appendix 6 (Section 4)4.3 and Appendices 6 (Section 5)4.3 and Appendix 6 (Section 6)4.3 and Appendix 6 (Section 7)4.5 and Appendix 74.5.2 and Appendix 7

Each of the above matters shall be supervised by the project arborist and therelevant conditions can only be discharged once that supervision has beenconfirmed in writing to the relevant parties. The last column of the table inAppendix 7 is to be used so that the various supervision issues can be recordedas they are conflrmed by supervision letters. lt is intended to act as a summaryquick-reference to help keep track of the progress of the supervision.

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6. OTHER GONSIDERATIONS

6.1 Trees subject to statutory controls: The subject trees, excluding Trees 9, 13,16, 18,20,28,31, 32 and 33, are legally protected under North SydneyCouncil's Tree Preservation Order, it will be necessary to consult the councilbefore any pruning or removal works other than certain exemptions can becarried out. The works specified above are necessary for reasonablemanagement and should be acceptable to the council. However, tree ownersshould appreciate that the council may take an alternative point of view andhave the option to refuse consent.

6.2 Trees outside the property: Trees 21, 26 and 27 are located either on theboundary or in the adjacent property effectively out of the total control of theowners of 8 Cowdroy Avenue, Cammeray. lt will not be possible to easily carryout the recommended works without the full co-operation of the tree owners.The implications of non cooperation require legal interpretation and are beyondthe scope of this report.

7, BIBLIOGRAPHY

7.1 List of references:

Australian Standard 454373-2007 Pruning of Amenity lreesStandards Australia.

Australian Standard A54970-2009 Protection of trees on developmenf sifesStandards Australia.

Barrell, J (2009) Draft for PracticalTree AZ version 9.02 A+NZBarrelTree Consultancy, Bridge House, Ringwood BH241EX

Brooker, M. Kleinig, D (1999) Field ouide to eucalvots - South eastern Aust.Blooming Books, Hawthorn Vic.

Matheny, N.P. & Clark, J.R. (1998) Trees & Development: A Technical Guide toPreservation of Trees Durinq Land Developmentlnternational Society ofArboriculture, Savoy, lllinois.

Mattheck, Dr. Claus R., Breloer, Helge (1995) The Bodv Lanouase of Trees - AHandbook for Failure Analvsis;The Stationery Office, London. England.

Robinson, L (1994) Field Guide to the Native Plants of SvdnevKangaroo Press, Kenthurst NSW

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8.

8.1

DISGLAIMER

Limitations on use of this report:This report is to be utilized in its entirety only Any written or verbal submission, repoftor presentation that includes sfafemenfs taken from the findings, drscussions,conclusions or recommendations made in this repoft, may only be used where thewhole of the original repoft (or a copy) is referenced in, and directly attached to thatsubmrssion, repoft or presentation.

ASSUMPflOA/S

Care has been taken to obtain all information from reliable sources, AII data has beenverified insofar as possrö/e: however, Naturally Trees can neither guarantee nor beresponsible for the accuracy of information provided by others.

Unless stated otherwise :

. lnformation contained in this report covers only those trees that were examined andreflects the condition of those trees at time of inspection: and

. The inspection was limited to visual examination of the subject trees withoutdlssecfion, excavation, probing or coring. There is no warranty or guarantee,expressed or implied, that problems or deficiencies of the subject trees may notarise in the future.

Yours sincerely

Andrew ScalesDip. Horticulture / Arboriculture

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APPENDIX 1Brief qualifications and experience of Andrew Scales

1 Qualifications:Associate Diploma HorticultureCertificate in Tree SurgeryAssociate Diploma Arboricultu re

3. Gontinuing professional development:Visual Tree Assessment (Prof. Dr. Claus Mattheck)

Wood Decay in Trees (F.W.M.R.Schwaze)

Visual Tree Assessment (Prof. Dr. Claus Mattheck)

Tree A-Z / Report Writing (Jeremy Barrell)Up by Roots - Healthy Soils and Trees in the BuiltEnvironment (James Urban)Tree lnjection for lnsect Control(Statement of Attainment)Quantified Tree Risk Assessment (OTRA)Registered Licensee #1655

Practitioners Guide to Visual Tree Assessment

Quantified Tree Risk Assessment (OTRA)Registered Licensee #1655

Northern Sydney lnstitute of TAFENorthern Sydney lnstitute of TAFENorthern Sydney lnstitute of TAFE

1 995-1 9981 9981 999-2006

2. Practical exper¡ence: Being involved in the arboricultural/horticultural industryfor in excess of 10 years, I have developed skills and expertise recognized in theindustry. lnvolvement in the construction industry and tertiary studies hasprovided me with a good knowledge of tree requirements within constructionsites.

As director of Naturally Trees, in this year alone I have undertaken hundreds ofarbor¡cultural consultancy projects and have been engaged by a range of clientsto undertake tree assessments. I have gained a wide range of practical treeknowledge through tree removal and pruning works.

Northern Sydney lnstitute of TAFE 2001


Carlton Hotel, Parramatta NSW 2004


The Sebel Parramatta NSW 2008


South Western Sydney lnstitute TAFE2011South Western Sydney lnstitute TAFE2011

Richmond College NSW TAFE 2014

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APPENDIX 2Tree schedule

NOTE: Colour annotation is AA & A trees with green backgroun d', Z & ZZlrees with blue background; trees to be removed in red text

Genus species Height Spread DBH TPZ Foliage Age Defects/Gomment Location Services Significance AZ% classNo.

1 Eucalyptus pilularis

2 Eucalyptus pilularis

3 Angophora costata

20 9 400 4.8 70% MGrowing againstdriveway, Restrictingvisual access

Garden bed Adjacentdriveway

Adjacentstructure

Tree

M 210

H A124 14 450 5.4 80o/o M N¡l

10 5 200 2.4 60% S Nil

Garden bed

Garden bed Nil 24L

4 Jacarandamimosifolia

5 Eucalyptustereticornis

6 Eucalyptus microcorys

7 Eucalyptus botryoides

12

22

26

6 200 2.4 60% Ssuppressed Garden bed N¡l

Garden bed N¡l

canoDv24L

M

10 450 5-4 80% M Nil H

H

A1

A1

AI

14 500 6 80% M Nil Garden bed

Garden bed

AdjacentdrivewavAdjacentstructure16 9 350 4.2 89o/o M N¡l

8 Jacarandamtmosifolia

9 Syagrus romanzoffiana

10 Grevillea robusta


12 Corymbia maculata

13 Olea sp.

14 Eucalyptusbotryoides

15 Acer negundo

16 Castanospermumaustrale

12

I10

26

14

6

16

12

I

6 200 2.4 60%

3 200 2.4 8}o/o S Nil

10 400 4.8 80% M N¡l

5 250 3 70% S Slender habit

4 150 2 60% S Slender habit

. ï"ii:''' t Garden bed Nil

Garden bed Nil

Garden bed N¡l

Garden bed Nil

Garden bed Nil

H

L

L

L

L

L

L

L

210

z3

210

A1

210

z3

AI

23

z1

A1

z'l

5 250 3 70% M Nil

5 200 2.4 80% S N¡l

Garden bed AdjacentbuildinqAdjacentbuildinq9 450 5.4 80% M Nil

10 400 4.8 8Ùo/o M Nil

Garden bed

Garden bed Nil

Garden bed N¡l

Garden bed N¡l

Garden bed N¡l

M

M

17 Eucalyptuspilularis 24 14 400 4.8 80o/o M Nil

'18 Glochidionferdinandi 9 5 150 2 8Ûo/o S Co{ominant

19 Eucalyptuspilularis 20 12 450 5.4 70% M Nil

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AI

#.

Garden bed N¡l M

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6 4 150 2 60% S Codominant

14 6 300 3.6 60% M Nil

12 5 200 2.4 70% S Slender habit

12 7 300 3.6 89o/o M Nil

28 20 700 8.4 50% O Dieback

TreeDefects/Comment Location Services Significance AZGarden bed Nil L z1

Garden bed Nil M A1

L 210

Foliage% class

AgeNo Genus species

20 Glochidionferdinandi

21 Eucalyptuspilularis

22 Lophostemonconfe¡tus

23 Melaleucastypheliode-s

24 Eucalyptus sp.

Height Spread DBH -lPZ

Garden bed Nil

Garden bed Nil M

AdjacentH

AI

z4Garden bed

16 6 200 2.4 80% MGrowing against

buildi

Garden bed Adjacent M 72325 Lagunariapatersonia


buildi

26 10 500 6 80% M Nil Garden bed H AI

27 Lophostemonconfeftus

28 Syagrusromanzoffiana I29 Casuarinacunninghamiana

32 Arcltontophoenix cunninghamiana 9

33 Glochidionferdinandi I

14 7 300 3.6 7Oo/o M Nil Garden bed

Garden bed

buildi

buildino

Adjacentstructure

Adjacentbuilding

M AI

z3

22

210

AI

5 250 3 90o/o M N¡l

12 400 4.8 70% M

5 250 3 90% M Nil

7 250 3 80% S Nil

Garden bed Nil L

L

L

20

Large tree groing

30 Eucalyptus sp 26 22 700 8.4 70% M iJ*lf,!T,ili'""'. Garden bed }ÎlXffi H z2

31 Metateuca quinquenervia 9 I 350 4.2 80% M -ol:y'ls throush pool

Garden bed åÎlXffi M 22coDtnq

Growing through poolco0rnq

Lopped canopy,Epicormic Arowth

Garden bed

Garden bed Nil

Garden bed Nil

M

34 Acer negundo 24 22 450 5.4 80% M

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Explanatory Notes

. Measurements/estimates: All dimensions are estimates unless othenivise indicated. Measurements taken with a tape or clinometer are indicated

with a'*'. Less reliable estimated dimensions are indicated with a'?''. Species: The species ident I observations and the botanical name. ln some instances, it may be difficult to quickly and

aðcurately identify a particula led investigations. Where there is some doubt of the precise species of tree, it is indicated

with a ,?,aftet the name in o production of the report. The botanical name is followed by the abbreviation sp if only the

genus is known. The species listed for groups and hedges represent the main component and there may be other minor species not listed.. Íree number: relates to the reference number used on site diagram/report.. Height: Height is estimated to the nearest metre.. Spread: Thé average crown spread is visually estimated to the nearest metre from the outermost tips of the live lateral branches.. O'gH: These figureð relate to 1.4m above ground level and are recorded in millimetres. lf appropriate, diameter is measured with a diameter tape.

'M' indicates trees or shrubs with multiple stems.. Foliage Gover: Percent of estimated live foliage cover for particular specles range.

'Age class: y young = recently plantedS Semi-mature (<20o/o of life expectancy)M Mature (20-80% of life expectancy)O Over-mature (>80% of life expectancy)

. TpZ The Tree protection Zone [PZ) is the radial offset distance of twelve times the trunk diameter in meters.

. Tree AZ: See reference for f ree AZ categories in Appendix 3.

. Significance: A tree's significance/valueìn the landscape takes into account its prominence from a wide range of perspectives. This includes, butis not limited to neighbour-hood perspective, local perspective and site perspective. The significance of the subject trees has been categorized into

three groups, such as: High, Moderate or Low significance.

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z

APPENDIX 3TreeAZ Categories (Version 9.02 A+NZ)

Gategory Z: Unimportant trees not worthy of being a material constraintLocafpolióy exemptions: Trees that are unsuitable for legal protection for local policy reasons including size,

and

risk of death or failure: Trees are likely to be removed within 10 years of acute health issuesor failure

n Trees that are likely to be within 10 years because of unacceptable pact on

21 Young or i nt smal trees below the local stze th resh old for legal protection, etcI e.

22 Too close to a build , i.e. exempt from al rotection because proximity, etc

23 Species that cannot be protected for other reasons, i.e. schedu led noxious weeds, out ofcharacter in a settin of etc

z4 til t\Dead, , diseased or decliningSevere damage and/or structural defects where a high risk of failure cannot be satisfactorily

excesstvecavitiese. included ba wouablereason medre caial rk, nds,decayTE,reduced byndco itio etcand nvul bera tole rseadve weatherimbalance

z5

26 lnstabi increased etct.e

z7 Excessive, severe and intolerable inconvenience to the extent that a locally recognised courtor tribunal would be likely to authorise removal, i.e. dominance,

z8Excessive, severe and intolerable damage to property to the extent that a locally recognisedcourt or tribunal would be likely to authorise removal, i.e. severe structural damage to surfacingand buildin s etc

removed within 10 years through respo management of themanagement: Trees that are ton

Severe damage andior structural defects where a high riskreduced by reasonable remedial care, i.e. cavities, decay, included bark, wounds, excessive

vulnerable to adverse weather conditions, etc

of failure can be temporarily

imbalance,z9

210 Poor condition or location with a low potential for recovery or improvement, i.e. dominated byarchitectural framewo etctrees or build

211 Removal would benefit better i.e. relieve etcSU

212 Unacceptably expensive to retain, i.e. severe defects requiring excessive levels ofmaintenance etc

death/failure (24, 25 & 26) or causing severe inconvenience (27 &Z8) al the time of assessment and need an urgent risk assessment can be designated as ZZ. ZZtrees are likely to be unsuitable for retention and at the bottom of the categorisation hierarchy. lncontrast, although Z trees are not worthy of influencing new designs, urgent removal is not essentialand they could be retained in the short term, if appropriate.

NOTE: Z trees with a high risk of

A Gategory A: lmportant trees suitable for retention for more than 10 years anda mater¡al constra¡ntwo of bei

TreeAZ is designed by Banell Tree Consultancy (www treeaz.com/tree-az/)

Nos cant defects and could be retained with minimal remedial careA1Minor defects that could be addressed remedial care and/or work to treesA2

A3 Special significance for historical, cultural, commemorative or rarity reasons that would warrantefforts to retain for more than 10extraordina rS

A4 Trees that may be worthy of legal protection for ecological reasonsist

(Advisory requiring

NOTE: Category A1 trees that are already large an d exceptional, or have the potential to become sowith minimal maintenance, can be designated as AA at the discretion of the assessor. Although all Aand AA trees are sufficiently important to be material constraints, AA trees are at the top of thecateqorisation hierarchy and should be given the most weig

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Tree protection fencing and signs - lllustrative specification

Protective fencing: Protective 1.8m high fencing should be installed at thelocation illustrated on the Tree Management Plan before any site works start. Alluprights should be fixed in position for the duration of the development activity. Thefixings must be able to withstand the pressures of everyday site work.

lnside the protective fencing, the following rules must be strictly observed:

. No vehlcular access

. No storage of excavated debris, building materials or fuels

. No excessive cultivation for landscape planting

. No fires. No mixing of cement. No seryice installation or excavation

Once erected, protective fencing must not be removed or altered without consultingfirst with the project Arborist.

Shade cloth or similar should be attached to reduce the transport of dust, otherparticulate matter and liquids into the protected area and signage must be attachedto outside of fencing.

Signage: All signs are to provide clear and readily accessible information toindicatè that a TPZ has been established. Signage identifying the TPZ must beattached to outside of fencing and be visible from within the development site.

Signage example

1.8 rn

Legend1. Chain wire mesh panels with shade cloth (if required) attached, held in place with concrete feet.2. Alternative plywood or wooden paling fence panels. This fencing material also prevents building materials

or soil entering the TPZ.3. Mulch installaÚon across surface of TPZ (at the discretion of the project arborist). No excavation,

construction activity, grade changes, surface treatment or storage of materials of any kind is permittedwithin the fPZ.

4 Brac¡ng is permissible within the TPZ lnstallation of supports should avoid damaging roots.

(Naturally Trees- reproduced under copyright Licence number 1 009-c095)

2

a

\

TreeProtection

Zone

NO AGCESSContåct:

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APPENDIX 5Root zone and trunk protection - lllustrative specification

Root zone protection: Where necessary, access through the TPZ can beachieved by laying aggregate and timber boards (or similar) over the root zone toprotect roots. The ground beneath the boarding should be left undisturbed andshould be protected with a porous geo-textile fabric covered with sand or mulch.

Protect¡ve fencrng(may be attactìed to saffold¡ng)

Plaform level at first l¡ft olbriclwork

Scafrokl bo.ìr(ls

Toeboald I lt li l

Proteded Ìlelltl)falte

Ex¡st¡ilg grourxl level rnairrt.rirtetlTirbersle plate

Tree Protection Zone distance

Ground und¡sturlled and protectedby geotextile fabric and sde-buttingscaffold boards

Detail of ground protection(modifìed from BS 5837-2005).

Trunk protection: Where fencing cannot be installed, the vertical trunk of exposedtrees shall be protected by the placement of 3.6m lengths of 50 x 100mm hardwoodtimbers, spaced vertically, at 150mm centres and secured by 2mm wire at 300mmwide spacing over suitable protective padding material e.g. Jute Matting. The trunkprotection shall be maintained intact until the completion of all work on site.

Exisling

Area

rrinÏÏ]lT--ïlililÏHt'

Gr ound undislurbedand pr oterted þygeo-tÐlile labflc andsrde butt¡ng scaffoldboar ds

Protecled are¿

Sûnd topped lrark orgratletl d0Ureoate

Tree

TimÞer panels on¡ute matting

Exrst¡ng level

Protected

Detail of trunk protection

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Report on trees at 8 Cowdroy Avenue, Cammeray for Adam FiEhenryRef: Fitzhenry_AlA and MS Rev.doc -21104116Naturally Trees Arboricultural Consulting www.naturallytrees.com.au

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APPENDIX 6General guidance for working in TPZ

PURPOSE OF TH¡S GUIDANCE

This guidance sets out the general principles that must be followed when working within a TPZ. Wheremore detail is required, it will be supplemented by illustrative specifications in other appendices in thisdocument (refer Appendix 4 and 5)

This guidance is based on the Australian Standards (2009) 454970: Protection of Trees on ConstructionSlfes.

Once the site works start, th¡s guidance is speciflcally for the site personnel to help them understand whathas been agreed and explain what is required to fully meet their obligations to protect trees. All personnelworking in TPZs must be properly briefed about their responsibilities towards important trees based onthis guidance.

This guidance should always be read in conjunction with the Tree Management Plan (TMP01) illustratingthe areas where specific precautions are necessary. Each area where precautions are required isexplained on the plan as identified on the legend. All protective measures should be installed accordingto the prevailing site conditions and agreed as satisfactory by the Project Arborist before any demolitionor construction work starts.

2 TREE PROTECTION

2.'l Tree Protection Zone (TPZ)

The TPZ is a radial setback, extending outwards from the centre of the trunk, where disturbance must beminimised if important trees are to be successfully retained. The fPZ area is illustrated on the TreeManagement Plan (TMP01) accompanying this guidance.

. The TPZ is a radial setback extending outwards from the centre of the trunk equal to the DBH x12.

. This area shall be protected by tree protective fencing (refer Appendix 4).

. Any part of the TPZ outside of the tree protective fencing area must be isolated from the workoperations by protective barriers and/or root zone protection for the duration of the work (referAppendix 5).

' The Project Arborist shall approve the extent of the TPZ prior to commencement of works.. The TPZ shall be mulched to a depth of 90mm with approved organic mulch e g. leaf and wood

chip where possible.. Supplementary watering shall be provided in dry periods to reduce water or construction stress,

particularly to those trees which may incur minor root disturbance.

The following activities shall be excluded within the TPZ

. Excavation, compaction or disturbance of the existing soil.

. The movement or storage of materials, waste or fìll.

. Soil level changes

. Disposal/runoff of waste materials and chemicals including paint, solvents, cement slurry, fuel, oiland other toxic liquids

. Movement or storage of plant, machinery, equipment or vehicles.

. Any activity likely to damage the trunk, crown or root system.

2.2 Arboricultural supervision

Any work within TPZs requires a high level of care. Qualified arboricultural supervision is essential tominimise the risk of misunderstanding and misinterpretation. Site personnel must be properly briefedbefore any work starts. Ongoing work must be inspected regularly and, on completion, the work must besigned off by the Project Arborist to conlrm compliance by the contractor.


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2.3 Tree protection fencing, root zone and trunk protection

Prior to site establishment, tree protection fencing and root zone and trunk protection shall be installed toestablish the TPZ for trees to be retained in accordance with site conditions. These protective barriersshall be maintained entire for the duration of the construction program (refer Appendix 4 and 5).

Tree protection fencing and trunk and root zone protection shall be removed following completion ofconstruction. The mulch layer in the TPZ shall be retained and replenished where required to maintain a75mm thickness

2.4 Pruning

All pruning work required (including root pruning) should be in accordance with Australian Standard No4373-1996 - Pruning of Amenity Trees.

2.5 Tree Damage

ln the event of damage to a tree or the TPZ, the Project Arborist shall be engaged to inspect and provideadvice on remedial action. This should be implemented as soon as practicable and certified by theProject Arborist.

2.6 Post construction maintenance

ln the event of any tree deteriorating in health after the construction period, the Project Arborist shall beengaged to provide advice on any remedial action. Remedial action shall be implemented as soon aspracticable and certifled by the Project Arborist.

3 EXCAVATION AND FILL IN TPZ

3.1 Excavation within TPZ

lf excavation within the TPZ is required the following shall be applied to preserve tree root systems:

. Excavation within TPZ must be carried out under the instruction and supervision of the ProjectArborist.

. A root mapping exercise is to be undertaken and certifìed by the Project Arborist. Root mappingshall be undertaken by either ground penetrating radar, air spade, water laser or by handexcavation using hand tools, taking care not to damage the bark and wood of any roots.

. The purpose of the root mapping shall be to locate woody structural roots greater than 40mm indiameter. Where possible, flexible clumps of smaller roots, including fibrous roots, should beretained if they can be displaced temporarily or permanently beyond the excavation withoutdamage.

. lf digging by hand, a fork shall be used to loosen the soil and help locate any substantial roots.

. Once roots have been located, the trowel shall be used to clear the soil away from them withoutdamaging the bark.

. Exposed roots to be removed shall be cut cleanly with a sharp saw or secateurs.

. Roots temporarily exposed shall be protected from direct sunlight, drying out and extremes oftemperature by appropriate covering.

3.2 Fillwithin TPZ

Placement of fill material within the Tree Protection Zone of trees to be retained should be avoided wherepossible. However, where fill cannot be avoided:

. All fill material to be placed within the TPZ should be approved by Project Arborist and consist ofa course, gap-graded material to provide aeration and percolation to the root zone. Materialscontaining a high percentage of 'fìnes' is unacceptable for this purpose.

. The fill material should be consolidated with a non-vibrating roller to minimise compaction of theunderlying soil.

. No fill material should be placed in d¡rect contact with the trunk.

Report on trees at 8 Cowdroy Avenue, Gammeray for Adam FitzhenryRef: Fitzhenry_AlA and MS Rev.doc -21104116Naturally Trees Arboricultural Consulting www.naturallytrees.com.au

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4 DEMOLITION OF SURFACING/STRUCTURES IN TPZ

4.1 Definitions of surfacing and structures

For the purposes of this guidance, the following broad definitions apply

. Surfacing: Any hard surfacing used as a vehicular road, parking or pedestrian path including tarmac,solid stone, crushed stone, compacted aggregate, concrete and timber decking.

. Structures: Any man-made structure above or below ground including service pipes, walls, gate piers,buildings and foundations. Typically, this would include drainage structures, services, car-ports, bin storesand concrete slabs that support buildings.

4.2 Demolition and access

Roots frequently grow adjacent to and beneath existing surfacing/structures so great care is neededduring access and demolition. Damage can occur through physical disturbance of roots and/or thecompaction of soil around them from the weight of machinery or repeated pedestrian passage. This is

not generally a problem whilst surfacing/structures are in place because they spread the load on the soilbeneath and further protective measures are not normally necessary. However, once they are removedand the soil below is newly exposed, damage to roots becomes an issue and the following guidance mustbe implemented:

. No vehicular or repeated pedestrian access into TPZ permitted unless on existing hard surfacingor root zone protection.

o Regular vehicular and pedestrian access routes must be protected from compaction withtemporary root zone protection as set out in Appendix 5.

. Where a TPZ is exposed by the work, it must be protected as set out in 454970 until there is norisk of damage from the development activity.

4.3 Removal of surfacing/structures

Removing existing surfacing/structures is a high-risk activity for any adjacent roots and the followingguidance must be observed:

. Appropriate tools for manually removing debris may include a pneumatic breaker, crow bar,sledgehammer, pick, mattock, shovel, spade, trowel, fork and wheelbarrow.

. Machines with a long reach may be used if they can work from outside the TPZ or from protectedareas within the TPZ.

. Debris to be removed from the TPZ manually must be moved across existing hard surfacing ortemporary root zone protection in a way that prevents compaction of soil. Alternatively, it can belifted out by machines provided this does not disturb the TPZ.

. Great care must be taken throughout these operations not to damage roots.

5 INSTALLATION OF SURFACING/STRUGTURES IN TPZ

5.1 Basic principles: New surfacing/structures in aTPZ are potentially damaging to trees because they maydisturb the soil and disrupt the existing exchange of water and gases in and out of it. Adverse impact ontrees can be reduced by minimising the extent of these changes within the TPZ

. Surfacing: Suitable surfacing should be relatively permeable to allow water and gas movement,load spreading to avoid localised compaction and require little or no excavation to limit directdamage. The actual specifìcation of the surfacing is an engineering issue that needs to beconsidered in the context of the bearing capacity of the soil, the intended loading and thefrequency of loading The detail of product and specification are beyond the scope of thisguidance and must be provided separately by the appropriate specialist.

. Structures: \li/here possible structures are to be constructed above ground level on piledsupports and redirecting water to where it is needed. The detailed design and specification ofsuch structures is an engineering issue that should be informed and guided by the ProjectArborist. Conventional strip foundations in the TPZ for any signifìcant structure may causeexcessive root loss and are unlikely to be acceptable. However, disturbance can be signifìcantlyreduced by supporting the above ground part of the structures on small diameter piles/piers or

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5.2

cast floor slabs set above ground level. The design should be sufficiently flexible to allow thepiles to be moved if significant roots are encountered in the preferred locations.

Establishing the depth of roots

The precise location and depth of roots within the soil is unpredictable and will only be known whencareful digging starts on site. ldeally, all new surfacing within a TPZ should be no-dig, i.e. requiring noexcavation whatsoever, but this is rarely possible on undulating surfaces.

New surfacing normally requires an evenly graded sub-base layer, which can be made up to any highpoints with granular, permeable fills such as crushed stone or sharp sand. This sub-base must not becompacted as would happen in conventional surface installation. Some limited excavation is usuallynecessary to achieve this and need not be damaging to trees if carried out carefully and large roots arenot cut.

Tree roots and grass roots rarely occupy the same soil volume at the top of the soil proflle, so theremoval of a turf layer up to 50mm is unlikely to be damaging to trees. lt may be possible to dig to agreater depth depending on local conditions but this would need to be assessed by the Project Arborist.

6 SERVICES IN TPZ

For the purposes of this guidance, services are considered as structures. Excavation to upgrade existingservices or to install new services within a TPZ may damage retained trees and should only be chosen asa last resort. ln the event that excavation emerges as the preferred option, the decision should bereviewed by the Project Arborist before any work is carried out. lf excavation is agreed, all digging shouldbe done carefully and follow the guidance set out in 3.1 above.

7 SOFT LANDSCAPING IN TPZ

For the purposes of this guidance, soft landscaping includes the re-profìling of existing soil levels andcovering the soil surface with new plants or an organic covering (mulch). lt does not include theinstallation of solid structures or compacted surfacing.

Soft landscaping activity after construction can be extremely damaging to trees.

No significant excavation or cultivation shall occur within the TPZ (e.9. planting holes). Where newdesigns require levels to be increased to tie in with new structures or surrounding ground level, goodquality and relatively permeable top soil should be used for the fìll. lt should be firmed into place but notover compacted in preparation for turfing or careful shrub planting.

All areas close to tree trunks should be kept at the original ground level and have a mulched finish ratherthan grass to reduce the risk of mowing damage.


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APPENDIX 7Schedule of works and responsibilities

Prior to the issue ofOccupation Certificate

As required prior to theworks proceedingadjacent to the tree

Bi-monthly duringconstruction period

Prior to demolition andsite establishment

Prior to demolition andsite establishment

ProjectArborist

ProjectArborist

ProjectArborist

ProjectArborist

ProjectArborist

PrincipalContractor

PrincipalContractor

PrincipalContractor

PrincipalContractor

PrincipalContractor

lnspection of trees by ProjectArborist

Final inspection of trees by ProjectArborist

Establishment of tree Protectionfencing and additional root, trunkand/or branch protection

Supervise all excavations worksproposed within the TPZ

lndicate clearly (with spray paint)trees approved for removal onlY

4

5

3

1

2

Report on trees at I Cowdroy Avenue, Cammeray for Adam FitzhenryRef: Fitzhenry-AlA and MS Rev.doc -21104116Naturally Trees Arboricultural Consulting www.naturallytrees.com'au

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Tree management plan

-refer attached Tree Management Plan, Dwg No. TMP01,by Naturally Trees dated 21 April2016

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