Item - REPORTS€¦ · Report of Kerry Gordon Planning Services Pty Ltd Page 5 Re: 15B Shellcove...

Item ____IPP03_______ - REPORTS -______02/08/17_________

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 02/8/17

Attachments:

1. Site Plan

2. Architectural Plans

3. Clause 4.6 Request

ADDRESS/WARD: 15B Shellcove Road, Kurraba Point

APPLICATION No: DA 111/2017

PROPOSAL: Demolition of first floor and most of ground floor, significant

alterations and additions to dwelling and construction of double

garage.

PLANS REF: Drawings numbered A101, A104-A114, A131-132, A136-A137,

dated 28/03/2017 and A115, dated 19/07/2017, all prepared by

John Bradley Architect Pty Ltd.

OWNER: Mark Anthony and Jane Bernadene Tolhurst

APPLICANT: John Bradley

AUTHOR: Kerry Gordon – Consultant Town Planner

DATE OF REPORT: 26 July 2017

DATE LODGED: 21 March 2017

RECOMMENDATION: Approval

Report of Kerry Gordon Planning Services Pty Ltd

Re: 15B Shellcove Road, Kurraba Point

EXECUTIVE SUMMARY

Development Consent 22/15 was granted for alterations to the existing dwelling, a new

carport/storeroom and landscaping. The works approved to the dwelling included removal and

relocation of internal walls, replacement of doors and windows and handrails to the existing

balconies (with stainless steel and glass), removal of the entry arch to the dwelling, providing a

fixed window above the entry door and a new awning. The proposal also involves the

replacement of the roof with new tiles and the rendering and painting of the external brickwork.

A double carport over a storeroom was approved with access to the carport via an extension of

the driveway and a car turntable. Extensive landscaping of the grounds were also proposed. The

approval has not been commenced.

Development application 111/17 was lodged on 4 April 2017 for alterations and additions to the

existing dwelling. The proposal involves demolition of the upper floor level and carport and

construction of a double garage accessed by an extension of the driveway, creation of an entry

lobby extending forward of the existing dwelling and provision of a lift within the dwelling. The

upper level of the dwelling is to be constructed to extend under the proposed entry lobby and

carport and towards the rear and the lower level of the dwelling is also to be extended to the rear.

The proposed dwelling is to be provided with a flat roof. Given the extent of works proposed, it

is considered that the application constitutes construction of a new dwelling.

Development Application No. 111/17 is reported to North Sydney Independent Planning

Panel for determination as the application involves a submission from a Councillor.

Notification of the proposal has attracted 1 submission raising particular concerns about the

impact upon privacy and views and glare from the proposed flat roof and solar panels and

whether the shadow assessment is adequate. Whilst the view impacts are considered acceptable

and the shadow assessment is adequate, a privacy screen is conditioned (agreed by applicant) and

the applicant has proposed a non-glare roof (also conditioned).

The application is acceptable when assessed against the provisions of North Sydney Local

Environmental Plan 2013, Development Control Plan 2013 and Sydney Regional Environmental

Plan (Sydney Harbour Catchment), with the exception of its impact upon the conservation area.

Council’s Conservation Planner has suggested changes which would make the proposal

potentially acceptable from a heritage perspective, including the provision of a pitched roof.

From a planning perspective a pitched roof would be less desirable as it would result in greater

view loss impacts from 13 Shellcove Road as there would be no reduction in view impacts due to

the change in roof form to compensate for the increased view impacts due to the extension of the

dwelling to the rear. Further, as can be seen in the photograph on page 23 of this report, a pitched

roof would not be visible from the waterway and can also not be seen in the streetscape.

Therefore, notwithstanding the heritage concerns raise, the application is recommended for

approval. However, should the Panel agree that the heritage concerns raised warrant refusal

solely on heritage grounds, the report also contains recommended heritage reasons for refusal.

LOCATION MAP

KURRABA WHARF RESERVE

Shell

CoveSHELLCO

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KURRABA

SPAINS WHARF ROAD

HOLLOW

FORTH

A

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CREMO

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133

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170A

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127B

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SP 5118

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SP 13551

(Lease - for Valuation

purposes only)

2

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SP 12175354150

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SP 11092

SP 12357

SP 70471

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SP 15949

SP 9969

SP 20756

SP 60824

SP 6001

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179397

SP 16583

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C

Re:

Property/Applicant Submittors - Properties Notified

15B Shellcove Road, Kurraba Point - DA111/17



DESCRIPTION OF PROPOSAL

The application seeks approval for substantial alterations and additions to the existing dwelling

which would constitute being described as demolition and the construction of a new dwelling and

double garage. The proposal is described following.

Demolition:

It is proposed to demolish the shed located on the northern boundary and the entire first floor of

the dwelling. It is also proposed to demolish the east facing balconies and the ground level

eastern, northern and southern walls, retaining the foundations and some internal walls. The

ground and first floor slabs are to be retained.

Dwelling:

The proposed dwelling is to be sited in a similar location to the existing dwelling in relation to

side boundary setbacks, but extends closer to the northern boundary at the western portion of the

first floor level (1.8m setback). The dwelling is proposed to be extended closer to the foreshore

(east) at both levels compared to the existing dwelling by 2.3-3.8m (the rear wall is angled). The

dwelling is to have a western wall similarly located to the existing dwelling’s wall at the southern

portion of the dwelling, but is to be extended forward at the northern side to provide an entry

lobby and double garage. The garage and lobby are to have a setback from the western boundary

of approximately 6.3m and 7.6m, respectively.

The proposed dwelling is to have a flat roof whereas the existing dwelling has a low pitched roof.

The roof of the dwelling is proposed at RL 12.03, where the existing dwelling has a height of RL

11.71 to the gutter and RL 13.46 to the ridge. As such the proposed dwelling is to be

approximately 300mm higher at the walls, but lower at all other points of the roof of the dwelling

by up to 1.4m compared to the existing dwelling.

At garage level it is proposed to provide an entry lobby accessing stairs and a lift. At the first

floor level it is proposed to provide a large open plan kitchen/living/dining room, main bedroom,

ensuite and walk in robe, laundry, WC and store room, with a large (6.6m x 5.2m) centralised

deck. The ground floor contains a central family room and three bedrooms with 3 ensuites and an

accessible subfloor area. A lower ground level is proposed to contain a lobby for stairs and lift

access to the rear yard. It is proposed to place demolition fill underneath the eastern edge of the

ground floor at this level.

Garage:

The proposed garage is to have a roof height of RL 14.1 and is to be constructed 1.8m from the

northern boundary. The double garage is similarly located to the approved double carport though

is setback further from the northern boundary and extends further southward given the proposed

entry structure. The garage is to have the same height as the approved carport.

Landscaping:

The proposal involves landscaping of the front and rear yards. It is proposed to strip the

sandstone retaining walls from the top of the sandstone rock outcrops to expose the outcrops and

then to landscape with native creepers over the rock faces. The landscaping proposed forward of

the rockface at the waterfront is to be largely native and is to include 5 x small trees. A “green

wall” is proposed to the front of the dwelling to provide softening of the driveway entrance to the

site.



STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R2 Low Density Residential

Item of Heritage – No

In Vicinity of Item of Heritage – Yes

Conservation Area – Yes

FSBL - Yes

S94 Contribution - No

Environmental Planning & Assessment Act 1979

SEPP No. 55 - Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

Local Development

POLICY CONTROLS

DCP 2013

DESCRIPTION OF LOCALITY

The subject site is a battle-axe allotment located on the eastern side of Shellcove Road which is

legally described as Lot B in DP 393902 and known as No. 15B Shellcove Road, Kurraba Point.

The site has a narrow access handle to Shellcove Road approximately 650mm wide, which in

combination with the 2.285m wide right-of-carriageway in favour of the subject site and

burdening No. 15 Shellcove Road, provides vehicular and pedestrian access from Shellcove

Road. The driveway then follows the western boundary of the site. The site has a width of

approximately 24m and an irregular rear boundary, having frontage to Shell Cove. The site has an

area of 701.9m2.

The site is a sloping site and falls 4.2m along the length of the access handle and then a further

11.6m across the main body of the allotment. The site is terraced, with one terrace containing the

driveway, then a set of terraces between the driveway and dwelling, with another terrace for the

dwelling and then two main terraces to the rear (fronting the foreshore).

The site is currently developed with a two storey house setback approximately 11.5m from its

western boundary. The dwelling has side setbacks of approximately 1m (southern boundary) and

3.5m (northern boundary). Given the topography of the site, the dwelling is located below the

level of the adjoining concrete driveway. The site also contains a fibro garage located adjoining

the northern boundary and a boatshed at the rear of the site.

REFERRALS

Internal Referrals

Development Engineering

The application was referred to the Development Engineer who raised no objections to the

proposal subject to conditions which have been included in the recommended condition set.



Heritage

The application was referred to Council’s Conservation Planner and the following comments

were received.

1. Heritage Status and Significance

The subject property is a neutral item and is located within the Kurraba Point Conservation

Area. The Post-war dwelling was constructed in 1955 but was designed in an earlier Inter-War

Georgian style as requested by the client. Notably, the Kurraba Point Conservation Area

Character Statement defines Inter-war dwelling houses as characteristic. It is constructed from

brick and concrete roof tile with multi-paned windows and doors, and has its primary façade

addressing Shell Cove to the east. Its rear façade is not visible from the public domain as it is

located on a battle-axe block, however the waterfront façade presents as a characteristic form

and with characteristic detailing consistent with the Kurraba Point Conservation Area

Character Statement. There are heritage items located nearby at 11 and 13 Shellcove Rd.

2. Heritage Impact Assessment

a) North Sydney LEP 2013 Clause 5.10 (1) (b)

An assessment of the proposal, with reference to the following Clause of the North Sydney LEP

2013 has been made:

5.10 Heritage conservation

(1) the objectives of this Clause are as follows:

(b) to conserve the heritage significance of heritage items and conservation areas,

including associated fabric, settings and views

The proposal does not satisfy this clause as the modified dwelling will be visible from Shell Cove

and from Cremorne Reserve and will not contribute to the setting of the Kurraba Point

Conservation Area due to its minimalist design.

b) North Sydney DCP 2013

An assessment of the proposal, with reference to Part B Section 13 of the North Sydney DCP

2013 has been made with the following elements of the DCP being of note:

13.4 Development in the Vicinity of Heritage Items- Objective O1 – Ensure that new work is

designed and sited so as to not detrimentally impact upon the heritage significance of the

heritage item and its setting - The subject site is immediately adjacent to two heritage items:

11 Shellcove Rd – An Inter-war style three storey apartment building that is visible from

both Shellcove Rd and from the harbour.

13 Shellcove Rd – A Federation Arts & Crafts style dwelling designed by eminent architect

BJ Waterhouse. It is located immediately to the south of the subject site.



The existing dwelling provides an appropriate setting for the nearby heritage items as Inter-war

style dwelling houses are defined as characteristic in the Kurraba Point Conservation Area

Character Statement. The proposed development will alter the character of the existing dwelling

to that of a minimalist styled dwelling which will detract from the setting of the two nearby

heritage items.

13.6.1 General Objectives O1 Ensure that new development is designed to retain and

complement the character and significance of the conservation area- The proposed development

does not comply as it does not retain the Inter-war Georgian style and will introduce an

uncharacteristic minimalist style.

Objective O3 – Enable neutral items to be improved such that they contribute to the character of

the heritage conservation area through the removal of unsympathetic and inappropriate

elements, and reinstating missing details where appropriate – The proposal is not compliant in

that it will remove all Inter-war detailing that currently contributes to the character of the

conservation area.

13.6.2 Form, Massing and Scale - Objective O1 To ensure new development has a compatible

and complimentary building form and scale to that which characterises the conservation area-

The proposed new building form is not characteristic to the conservation area in that it will have

a flat roof. The proposed garage will not have a characteristic form as it will also have a flat

roof.

P5 Achieve a neutral or improved outcome to neutral items by: (a) minimising changes to

original and characteristic features – The proposal does not comply as it will not minimise

change to the characteristic Inter-war Georgian detailing, but will but completely remove the

detailing.

P9 New work may adopt a contemporary character, provided the development is not likely to

have a detrimental impact on the characteristic built form of the area, particularly in terms of

bulk, scale, height, form or materials- The proposed works will have a contemporary character

and will impact negatively upon the characteristic built form in the area due to the flat roof,

removal of Inter-war Georgian detailing, the extent of glazing, horizontally proportioned glazing

and the glazed balustrades.

13.6.3 Roofs - Objective O1 To maintain the characteristic roof profiles and roofing materials

within a heritage conservation area- The proposal is not supported as the pitched roof is to be

removed and replaced with a flat roof that is inconsistent for the area character statement.

13.9.1Skylights, Solar Panels and Satellite Dishes – Objective O1 To ensure that skylights, solar

panels and satellite dishes do not detrimentally impact upon the significance of heritage items

and heritage conservation areas- The solar panels are not supported as they are to be installed

at 22.5 and will detract from the character of the conservation area.

13.9.4 Materials – Objective O1 To ensure that materials and finishes are consistent with the

characteristic elements of the heritage item or heritage conservation areas- The proposed

schedule of finishes will significantly alter the character of the existing characteristic materials

to an uncharacteristic palette.



The use of rendered and painted brickwork, glass balustrades and frameless windows is not

characteristic as defined by the Kurraba Point Area Character Statement.

13.9.5 Garages and Carports- Objective O1 To ensure that vehicular accommodation does not

detrimentally impact upon the significance of the heritage item or heritage conservation area- In

this particular location, no objection is raised to a double garage on the subject site in principal

as it will have not introduce bulk to the street boundary line as it will be located within the

primary portion of the battle-axe block. The proposed character of the double garage is however,

inconsistent with the character of the conservation area due to its flat roof.

With regard to Part C of NSDCP 2013, the following controls in the Kurraba Point Conservation

Area are of note:

6.2.5 Characteristic Buildings- Provision P1 Federation and Edwardian detached dwelling

houses. Inter-war dwelling houses. Inter-war residential flat buildings – The existing c 1955

building is designed in the Inter-war Georgian style and is therefore a characteristic building.

Removal of its Inter-war Georgian detailing and its replacement with minimalist detailing is

therefore not compliant.

6.2.6 Characteristic Built Elements – Form, Massing and Scale- Provision P2 Single and two

storey, detached dwelling houses with hipped and gabled roofs – The proposal does not comply

as the pitched roof is to be demolished and replaced with a flat roof. The vertically proportioned

multi-paned windows are to be replaced with frameless glazing on the Living Level and

horizontally proportioned glazing on the Bedroom Level.

6.2.6 Characteristic Built Elements – Roofs – Pitched between 30 and 45 degrees with some use

of parapets to the street – The proposal is not compliant as a flat roof is proposed.

6.2.7 Uncharacteristic Elements – Modern infill development, extensive glazing and glazed

balustrades are considered to be uncharacteristic (meaning not desirable).

3. Conclusion

The proposal is considered to be unsatisfactory as the existing Inter-war Georgian style building

is defined as a characteristic style in the Kurraba Point Conservation Area Character Statement

and the works propose to remove its character. The application will result in the Inter-war

Georgian style building that is constructed from a characteristic palette of materials, to be

modified to have a minimalist character with an uncharacteristic flat roof, horizontally

proportioned glazing, frameless glazing and glazed balustrades.

The following amendments are requested, however, it is assumed that this will require a new

development application:

Pitched roof to be retained.

Solar panels to be integrated into the roof material or laid flush on the pitched roof.

New windows to be vertically proportioned and there is to be a substantial proportion of

solid material versus glazing. Curtain wall frameless glazing is not acceptable.

Balustrades are to be metal or timber and are to provide detail to the building design.

Garage to have a characteristic pitched roof form.



Materials are to be consistent with the palette of materials in the Kurraba Point

Conservation Area Character Statement.

In response to the comments of Council’s Conservation Planner the applicant provided a peer

review of the proposal prepared by Anthony Kilias, a heritage consultant. The conclusion of that

report is provided following and the full report is attached to this report.

The table presented in Section 7 above indicates Heritage 21’s strong concurrence with the

findings of the Heritage Impact Statement prepared by John Oultram Heritage & Design. This

conclusion has been informed by the following key points:

1. Although the exterior of the dwelling was designed in the Georgian revival style,

popularised in the Inter-war period, the house was constructed in the post-war period,

which is not one of the key periods of construction of the KPCA.

2. The date of construction of the dwelling informed many external and internal details

which are uncharacteristic to both the Georgian revival aesthetic and to the Inter-war

period – as such, the dwelling presents as an unsympathetic amalgam of Inter-war and

post-war aesthetics.

3. The proposed works at the site would entail the removal of these external and internal

elements and fabric which are uncharacteristic to the Inter-war period, and the

replacement of these with sympathetic, visually recessive, contemporary elements which

reference the characteristic built elements of the KPCA.

4. Proposed elements which have been directly opposed by the CC assessment – such as the

flat roof and glazed balustrades – are exhibited on other dwellings within the KPCA,

including heritage items (refer to images in Appendix II). Such elements, which are

noticeably contemporary, allow for a sympathetic contrast between old and new and thus

enhance the significance of the KPCA. In the context of the built heritage landscape,

visually recessive, contemporary responses are preferable to the imitation of elements

which are seen to be in keeping with heritage character – such development would, in

reality, be to the detriment of the cultural built heritage of the locale.

As such, Heritage 21 can recommend to North Sydney Council that the proposed development

is supportable on heritage grounds.

Council’s Conservation Planner provided the following comments in response to the additional

information provided by the applicant.

The submitted documentation does not significantly alter my view.

The modified dwelling is to be designed to have a bulk, form and character that is sympathetic

and characteristic to the conservation area. ‘Characteristic’ meaning as per the Kurraba Point

Conservation Area Character Statement, not as seen on other buildings nearby.

Pitched roof is to be retained. The approved DA 29/16 retained the pitched roof and gave

approval for Nu- Lok slate tiles. There are flat roofs on nearby apartment buildings

(different building typology) and other infill developments from the 1970s and 1980s

however, these were not assessed against the current controls and are not to be used as

precedent.

Solar panels are to be integrated into the roof material or laid flush on the pitched roof.



New windows are to be vertically proportioned and there is to be a substantial

proportion of solid material versus glazing. Curtain wall frameless glazing is not

acceptable. The approved windows on DA 29/16 were sympathetically vertically

proportioned.

Balustrades are to be metal or timber and are to provide detail to the building design.

DA 29/16 gave approval for glazed and metal balustrades.

Garage to have a characteristic pitched roof form. DA 29/16 gave approval for a flat

roof. I can consider this as it is an out building and not easily visible from the public

domain.

Materials are to be consistent with the palette of materials in the Kurraba Point

Conservation Area Character Statement.

Part B Section 13.8 Demolition should then be applied. Council may only consider demolition of

a neutral item where:

a) The existing building is not capable of adaptation of modification in a way that will

reasonably meet contemporary amenity and living standards while also improving the

appearance and contribution of the building to the area’s character.

The submission has not addressed this. The building already meets contemporary living

standards and is well maintained. The applicant will need to provide other design

proposals and justify why it is not able to be modified successfully.

b) That any replacement building improves the contribution of the site to the area’s

character in terms of form, setbacks, scale, materials and style.

The proposal fails in terms of form as the flat roof is not a characteristic form for

dwellings in the conservation area. The materials are also non-compliant in that glazed

balustrades are not characteristic. Lastly, the proposed style of the building will not

contribute positively to the character of the conservation. New buildings can contribute

positively without being pastiche. The applicant may take reference from the NSW

Heritage Office publication ‘Design in Context- Guidelines for Infill Development in the

Historic Environment’. The applicant may need to consider a part pitched, part flat roof,

rooms in a pitched roof and/or use of the sub-base.

c) That sustainability outcomes of the proposed replacement development reasonably justify

the change.

Documentation has not been submitted. Documentation is required that compares the

existing dwelling versus the sustainability benefits of the new, bearing in mind that there

is a loss of the embodied energy in the existing building.

d) That all reasonable alternatives to demolition have been considered.

No documentation has been submitted. DA 29/16 is perhaps an example of how the

building may be upgraded.



External Referrals

Foreshores and Waterways Planning and Development Advisory Committee

The application was referred to the Foreshores and Waterways Planning and Development

Advisory Committee who indicated the following.

“The Committee raises no specific issues in relation to the proposed development and as such

does not wish to make any further comment concerning this matter.”

SUBMISSIONS

The application was notified to adjoining property owners. Notification of the proposal has

attracted one submission which indicated the proposal was a sensible and sympathetic

development however raised the following concerns.

Insufficient regard has been paid to acoustic and visual privacy and it is requested that the

south facing windows are either removed or constructed of fixed frosted panels which are

then screened by fixed privacy louvres.

The balcony opening to the south should be replaced with a solid brick wall.

The proposal will result in a loss of view from 13 Shellcove Road due to the 3m extension

to the rear. It is requested the balcony roof be sloped/angled to preserve the existing view.

Concern in relation to the potential reflectivity of the roof is raised and the use of

reflective material, including solar cells, should be prohibited.

The shadow diagrams are inadequate as they do not identify existing and proposed shadow

impacts.

The assessment has considered these concerns as well as the performance of the application.

Detailed comments on the matters raised in the submissions are provided later in this report.

CONSIDERATION

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

Assessment Act 1979, are assessed under the following headings:

SEPP 55

The provisions of SEPP 55 require consideration as to whether the site is contaminated and

requires remediation. The site has a history of residential use and as such is unlikely to contain

any soil contamination. Given the age of the existing dwelling there is a potential that the

dwelling contains asbestos and standard conditions of consent address this potential hazard.

SREP (Sydney Harbour Catchment) & the DCP

The deemed SEPP applies to the subject site as identified on the Sydney Harbour Catchment

Map. The site is within the Foreshores and Waterways Area and as such Parts 1 and 3 are

applicable.



The aims set out in Part 1 of the SREPP have been considered and the application is consistent

with these aims.

Having regard to the matters in Parts 3, the application has been assessed against the matters for

consideration in Division 2 and found to be satisfactory. The proposal will have no detrimental

impact upon biodiversity, ecology or the natural environment and will not impact public access to

the foreshore and waterways. The proposal will have no impact upon the working harbour or boat

storage facilities and does not propose any works that would impact the use of the waterway,

subject to appropriate sedimentation control devices, which would be conditioned in any

recommended consent.

The proposal will not result in any unacceptable view impacts to or from the foreshores or

waterways, with the works reducing the height of the existing dwelling and the extension toward

the foreshore will not result in any unacceptable visual impact subject to an appropriate colour

palette and landscape setting. Concern was raised with the original colour choice (off-white),

however the applicant has reviewed the colour selection and now proposes the rendered elements

of the proposal to be Dulux Highgate 8W (pale grey). The garage is to be zinc coloured metal

cladding and the upper floor is to be a mixture of projecting and recessed glazing, minimizing the

impact of the glazing. The changes in material reduce the visual bulk of the dwelling to an

appropriate degree.

The view impact of the additions from adjoining private property is considered acceptable given

the controls applicable to the site (see later assessment) and the proposal will result in only very

minor impacts upon the public views from the footpath as viewed between the dwellings on Nos.

15 and 17 Shellcove Road. The public view loss is very minor in nature and is acceptable given

the garage structure is well below the height control.

The application was referred to the Foreshores and Waterways Planning and Development

Advisory Committee as the proposal involved demolition works and construction works within

the waterway area. No concerns were raised by the Committee to the proposed works.

The application has been assed under the relevant sections of the Sydney Regional Environmental

Plan (Sydney Harbour Catchment) Development Control Plan and the application has been

determined to be consistent with the provisions within that document. The site is located within

Landscaped Area 8 and within the Ecological Community identified as Urban Development (with

scattered trees). This ecological community is of low conservation status and the proposed works

will not detrimentally impact this community.

Within Landscaped Area 8 vegetation is to be integrated with any development to minimise the

contrast between the natural and built environment and remaining natural features that are

significant along the foreshore are to be preserved. The proposal satisfies these requirements,

proposing an appropriate landscaped setting and retaining and exposing the existing significant

rock shelves on the site and providing an improved native landscaped setting including 2 small

trees to either side of the property and a row of 3 small trees to the centre.



NORTH SYDNEY LEP 2013

1. Permissibility within the zone:

The subject site is zoned R2 Low Density Residential and the proposal is a dwelling house and

garage and as such is permissible with consent.

2. Low Density Residential Zone Objectives

The zone objectives within the Low Density Residential Zone are addressed following:

To provide for the housing needs of the community within a low density residential

environment.

The proposal replaces the existing dwelling with a new dwelling and remains appropriate to a

low density residential environment.

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

of residents.

This objective is not relevant to the application.

To encourage development of sites for low density housing, including dual occupancies,

if such development does not compromise the amenity of the surrounding area or the

natural or cultural heritage of the area.

The proposed dwelling house is development for low density housing.

To ensure that a high level of residential amenity is achieved and maintained.

As is detailed later in this report, the proposed works will have no unacceptable impacts upon the

residential amenity of the area, resulting in acceptable shadowing and privacy impacts. Whilst the

proposal will have an impact upon views from the rear yard and dwelling of No. 13 Shellcove

Road, the views lost from the living area are compensated for by view increases due to the

lowering of the roof form. The view impacts from the bedroom level and rear yard are acceptable

in the context of the level of compliance of the development with planning controls and the lack

of alternative locations available to develop on the site which would reduce the view impacts.

3. Height of Buildings

Clause 4.3 sets a maximum building height on the subject site of 8.5m. The proposed dwelling

will have the following maximum heights:

Roof RL 12.03 North/west corner 5.55m

South/west corner 3.46m

North/east corner 8.42m

Centre eastern façade 8.6m

South/east corner 6.3m

Roof RL 14.1 Garage 5.34m



As such the proposal complies with the height control other than a small strip at the easternmost

edge of the centre of the eastern façade where a small element of the building is constructed

below the existing retaining wall on the site. At this point there is a maximum breach of 100mm.

The applicant has submitted a clause 4.6 variation request with the application which provides

the following arguments in support of the variation (summarised):

Maximum breach is 465mm towards centre of building.

The proposal achieves the objectives of the zone.

The bulk and scale of the dwelling is consistent with surrounding development and less

than that often found in the area.

The proposal has a low impact on the waterway and removes the pitched roof, lowering

the height by 1.6m.

The non-complying portion is a small section of roof form and is partly roof over a

balcony.

Strict compliance is unnecessary and unreasonable as the built form proposed is

consistent with surrounding development.

The breach is associated with minor elements of the building and causes no amenity

impacts in terms of overlooking or overshadowing.

The impact of the breach of the height control on views from the bedroom level of 13

Shellcove Road occurs when standing near the window of the bedroom and looking

downwards. The quantum of affectation due to the non-compliance is a “sliver” of water

view. The impact of the breach does not impact views of land/water interface or views of

moored yachts. As such the view impact occurs only in close proximity to the window

and is limited in extend (both width and depth).

The development has a high level of design skill and is setback from the water in

compliance with the foreshore building line and is softened by landscaping.

The components that breach contribute to the overall design concept and assist in

production of a visually pleasing and well resolved building.

The greater portion of the site complies with the 8.5m control.

The built form is consistent with the desired future character of the locality.

There are sufficient circumstances to justify the non-compliance given the lack of impact

associated with the minor breach and the design quality of the development.

As the objectives of the development standard and zone have been achieved approval

would not be antipathetic to the public interest.

Non-compliance raises no matters of State or Regional significance.

Comment: The breach involved is minor and affects a very narrow strip of the easternmost

edge of the roof and the frame over the central deck. The location is away from adjoining

properties it does not add to the visual bulk of the development and results in no loss of privacy

or additional shadowing.

The only impact of the minor breach is a very minor increase in impact upon views from the

bedroom level of 13 Shellcove Road. As can be seen later in this report, where the view impact is

assessed, the portion of the building in breach of the height control coincides with the portion of

the view that is filtered by the existing tree on 13 Shellcove Road. As such the view impact is

negligible.



The proposal is consistent with the objectives of the zone, as has been discussed previously

within the report and is consistent with the objectives of the height control as are discussed

following.

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

development on sloping land to follow the natural gradient,

The portion of the site that the proposed dwelling is to be sited on has previously been terraced

and as such stepping is not required.

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

As is discussed in detail later in the assessment, the proposed height results in an increased view

from the living room of the adjoining property at 13 Shellcove Road due to the lowering of

height of the roof compared to the existing dwelling with a pitched roof. At the bedroom level,

the views are impacted to a small degree, with the loss of a small portion of the foreground water

view. This view impact is largely a result of compliant components of the building in terms of

height, with a negligible additional impact of filtered water view due to a non-compliant element.

Overall the view impacts are considered reasonable and do not warrant refusal of the application.

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

promote solar access for future development,

The proposal will have minimal additional shadow impact upon the adjoining property at 13

Shellcove Road and as such the impact is acceptable.

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

residents of new buildings,

The proposal include windows in the southern elevation which have the potential to result in

privacy impacts upon the rear yard of 13 Shellcove Road. In order to address the impact a

condition of consent is recommended requiring the provision of a fixed louvre screen on the first

balcony edge. This will ensure an appropriate level of privacy whilst still allowing enjoyment of

views.

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

The site is not located at a zone boundary and as such this objective is not relevant.

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

and promotes the character of, an area.

The scale and density of the dwelling is consistent with that which is characteristic to the area.

Whilst a development that complied with the height control would be possible on the site by

reducing the depth of the dwelling, the variation is so minor as to not warrant amendment to the

design to achieve numerical compliance, particularly as the impacts of the variation are

negligible. As such it is considered that there is sufficient planning merit to warrant the variation

and the clause 4.6 variation request is assessed as being well-founded.



4. Heritage Conservation

Clause 5.10 requires consideration of the impact of development upon the significance of

conservation areas and items of heritage within the vicinity of the site. The site is located within

the Kurraba Point Conservation Area and is within the vicinity of two heritage items, being Nos.

9 and 11 Shellcove Road. The assessment of Council’s Conservation Planner is that the proposal

has an unacceptable impact upon the conservation area.

5. Earthworks

Clause 6.10 in NSLEP 2013 requires Council to ensure that earthworks for which development

consent is required will not have a detrimental impact on environmental functions and processes,

neighbouring uses, cultural or heritage items or features of the surrounding land. The proposal

involves excavation/fill to 300mm for the driveway, excavation of up to 2.5m for the laundry and

store room, up to 1.7m for the ensuite and side path and up to 3.3m for the lift and lift lobby.

The extent of excavation is considered acceptable and will not result in any unacceptable impacts

upon adjoining properties, the natural features of the site, the heritage of the area or the water

table or drainage flows of the area. A condition of consent requiring a dilapidation report for

adjoining property is recommended given the extent of excavation proposed.

DEVELOPMENT CONTROL PLAN 2013

The proposal is residential development and as such the provisions of the DCP that are relevant

to the assessment of the application are Section 1 – Residential Development, Section 10- Car

Parking and Transport, Section 13 – Heritage and Conservation, Section 17 – Erosion and

Sediment Control, Section 18 – Stormwater Management and the provisions of the relevant

Character Statement.

The site is located within the Kurraba Point Conservation Area Neighbourhood of the South

Cremorne Planning Area.

1. Residential Development

Section 1.2 Social Amenity

The sub-section requires that new development ensure the existing residential density is not

reduced and as the proposal replaces a dwelling house with a new dwelling house the density is

not altered.

Section 1.3 Environmental Criteria

The relevant sub-sections within Section 1.3 Environmental Criteria are topography, properties

with a foreshore frontage, views, solar access and visual privacy, which are addressed following.

The proposal has the same ground floor level as the existing dwelling which is 1.5m above

existing ground level at the waterfront side of the site and will be below ground level at the street

frontage of the site. Given the proposal is an extension of this floor and on a steeply sloping site,

the variation to the control is acceptable.



The proposed design has only non-habitable rooms below ground level, including a store room,

laundry and bathrooms, satisfying the control.

The proposal includes landscape works which remove unsympathetic retaining walls above

existing rock outcrops and will expose the rock outcrops within a landscaped setting, satisfying

the control.

Finally, the proposal includes a small amount of excavation immediately adjoining the northern

boundary to create a set of steps down the side of the house to access the rear garden. The extent

of excavation is considered acceptable and will not be likely to result in any impact upon the

adjoining dwelling which is located a significant distance from the proposed excavation.

However, the adjoining property contains an outbuilding in close proximity to the excavation and

as such a condition of consent requiring a dilapidation report is recommended.

Properties with a Foreshore Frontage

The sub-section requires consideration of sea level rise, development not to alienate public access

to the foreshore, significant vegetation and rock outcrops to be maintained, underground drainage

impacts to be minimised and use of natural materials and colours whilst avoiding the use of large

areas of reflective surfaces.

The proposal is well elevated above water level and has no impact upon public access as none

currently exists in this location. The site contains no significant vegetation that is to be removed

and appropriate landscaping is proposed which includes re-exposing onsite sandstone outcrops.

Underground drainage is not to be unacceptably impacted. The amended colour scheme of a light

grey render is appropriate in the context of the site and the design, whilst containing a glass

façade at the first floor level, has a large recessed element, breaking the reflectivity, and a solid

masonry base.

Views

This sub-clause requires developments to be designed to minimise view impacts upon public and

private properties and with regard to the principles of view sharing.

The proposal will result in the loss of small components of the views of Shell Cove from the

footpath of Shellcove Road as viewed through the gap between the buildings on Nos. 15 and 17

Shellcove Road. The view impacts would be categorised as negligible.

With the reduction in height of the roof compared to the existing dwelling the impact upon views

from 15 Shellcove Road is likely to be neutral notwithstanding the extension of the dwelling to

the east. The provision of the double garage will result in a small impact upon views from 15

Shellcove Road as the garage is to have a height of RL 14.1 where the existing shed has a ridge

of RL 13.56 which is 540mm lower. It is noted that the view loss is commensurate with that

resultant from the approved carport on the subject site.



The proposed dwelling will also result in view impacts upon 13 Shellcove Road from the rear

yard, ground level living areas and first floor bedrooms. The dwelling at 13 Shellcove Road is set

significantly further from the waterway than the existing dwellings to either side and as such the

portion of the rear yard closest to the dwelling has a “framed” view of the waterway, which opens

out the closer one travels to the waterway. The existing view from the easternmost portion of the

lawn portion of the rear yard can be seen in the following photograph, with the red outline

showing the impact upon the view of the development. It is noted that the view also extends to

the east and south-east (not shown in photograph) and that the view affectation shown is at the

worst viewpoint, with the view impact progressively lessening the further from the waterfront a

person travels. The impact upon this view would be categorised as moderate at the worst viewing

position in the rear yard but minor from other locations.

View from easternmost portion of lawn area in rear yard of 13 Shellcove Road looking north-east – red

outline represents proposed dwelling

The proposal will impact views from the ground level living areas of the dwelling as shown in

the following photographs. The 1st photograph is looking north-east and the views will be

improved to a small degree in this location by the removal of the pitched roof, notwithstanding

the new flat roof will extend further to the east. The 2nd photograph is looking to the east and

there will be small additional view loss from this position due to the eastward extension of the

dwelling. This area of view loss is currently partially filtered by vegetation. Overall the view

impact from this level of the dwelling is considered neutral with an area of view loss being

replaced by an increase in views.



Views from living room level of dwelling at 13 Shellcove Road – red outline shows view loss

The final area of view loss for 13 Shellcove Road is from the first floor bedroom level with the

view impact shown in the following photograph. As can be seen from the red outline, the

proposal will result in a small reduction in the foreground water view above the roof line of the

existing dwelling, some of which is filtered by the tree on 13 Shellcove Road. There will also be

a small increase in view at the northern end of the existing dwelling on the subject site due to the

removal of the pitched roof. Given the extent of view impacted, the fact much of the view is

filtered through a tree and the partial increase in view, the view impact from this level is assessed

at being minor. It is noted that the component of the building which breaches the height control

by 100mm is towards the centre of the roof and is in an area where the view is filtered through

the tree.

View from bedroom level of 13 Shellcove Road – red line shows view affectation

Considered as a whole the view impacts upon 13 Shellcove Road are considered to be minor and

an acceptable impact of the proposed dwelling.

Solar Access

This sub-clause requires development to be designed to achieve 3 hours of solar access between

9am and 3pm at midwinter to the main internal living areas and principal private open space of

the subject and adjoining sites.



Shadow diagrams provided by the applicant show that the proposed dwelling (including existing

shadows) do not impact the dwelling at 13 Shellcove Road but impact the rear lawn area of that

property. At 9am in midwinter the shadow impact upon the lawn area is to less than 50% of the

lawn, with the impact on the area of lawn furthest from the dwelling. At noon in midwinter the

shadow impact upon the lawn area is to less than 50% of the lawn, with the impact on the area of

lawn furthest from the dwelling. At 3pm in midwinter the entire lawn area is shadowed, however

the shadowing is caused by the surrounding development, with little shadowing caused by the

proposed dwelling. As such the principal private open space area retains 3 hours of solar access

to at least 50% of its area and complies with the control.

The proposed dwelling will receive solar access to its main internal living areas between 9am and

noon at midwinter and to at least 50% of its principal private open space area between 9am and

1pm at midwinter, satisfying the control.

Visual Privacy

This sub-clause requires the use of appropriate design features such as window/balcony location,

raised sill heights or privacy screens/measures in order to ensure a suitable level of privacy

between properties.

The proposal contains a main bedroom window at 1st floor level and a bedroom, robe and ensuite

window at ground level looking northward over the adjoining property at 17 Shellcove Road. The

height and location of the ensuite and robe windows are such that they will not overlook the

adjoining property although the bedroom windows are elevated such that they will allow

overlooking. The outlook from these windows will be of water views and as such will

significantly add to the amenity of the rooms. The adjoining property contains a residential flat

building and the portion of the property overlooked is towards the rear of the rear yard, being an

area heavily vegetated and sloped and as such is not a usable area of common open space. Given

the view benefits of the windows, and the minimal use of the area overlooked, the privacy impact

is considered acceptable.

The proposal contains two bedroom windows at ground level and a living room window at the 1st

floor level looking southward over the adjoining property at 13 Shellcove Road. The ground level

windows are located below the level of the rear yard lawn area of 13 Shellcove Road and as such

will not overlook the principal private open space of the property. The rearmost ground level

window may overlook a pathway and vegetated area next to the foreshore, however this degree of

overlooking is reasonable given the height relationship with the principal private open space. The

1st floor living window (and adjoining narrow balcony) will allow overlooking of the principal

private open space of 13 Shellcove Road if a person in the room looks backwards and away from

the water views. Whilst such a viewing position would be counterintuitive, additional privacy

protection would be afforded by the provision of a fixed and angled privacy louvre to the western

half of the external southern balcony beside the window (a distance of 1.5m). A condition to this

effect is recommended.

Section 1.4 Quality Built Form

The relevant sub-sections within Section 1.4 Quality Built Form are setbacks, form, massing and

scale, roofs and colours and materials which are addressed following.

Setbacks



Sub-clause 1.4.6 requires the front and rear setback to match the alignment of adjoining

properties and side setbacks of 0.9m for buildings up to 4m in height, 1.5m for buildings up to

7m in height and 2.5m for those higher.

The subject site is a battle-axe allotment that does not adjoin another battle-axe allotment and as

such the use of adjoining dwellings to set front and rear setbacks is inappropriate. The proposed

dwelling has a similar front setback to the existing dwelling (with the projection of the garage

and entry foyer forward of the existing setback) and this setback is appropriate to the setting of

the battle-axe allotment. The rear building line complies with the foreshore building line and as

such is considered to be an appropriate rear setback.

The building is below 7m in height other than at the north-east corner and is below 4m at the

south-west corner and as such a 1.5m setback is required other than at the north-east corner

where a 2.5m setback is required and the south-west corner where a 0.9m setback from the side

boundaries is required. The proposal provides a side setback from the northern boundary of 3.5m

to the dwelling, complying with the control. The proposal provides a 0.984m setback from the

southern boundary to the ground floor and the portion of the first floor which replaces the

existing dwelling wall. This setback matches the existing side setback and as such

notwithstanding part of the first floor is non-compliant, there are no additional impacts over that

created by the existing dwelling and the variation is supported. The portion of the first floor wall

that extends eastward of the existing first floor wall is setback 1.74m, compliant with the control.

Form, Massing and Scale

This sub-clause requires the ground floor to not be more than 1m above ground level and for the

floor to ceiling height to be a minimum of 2.7m. The proposal has a ground floor up to 1.5m

above ground level for the new part of the ground floor. This is acceptable as a continuation of

the existing ground floor level. The proposed floor to ceiling height of 2.7m can be achieved for

both floors.

Roofs

This sub-clause requires roofs to be pitched, but flat or skillion roofs may be considered where

they are at the rear and not seen from the primary street frontage or to retain views. The proposed

flat roof satisfies this control as it cannot be seen from the street and will assist in retaining views

from adjoining properties.

Colours and Materials

This sub-clause requires use of natural colours and muted and earth tones, avoiding extensive use

of reflective glass or metal. As is discussed previously within the report, the colours and

materials are acceptable for the location with a mix of masonry (light grey) and glazing, including

recessed glazing. The applicant has confirmed a non-reflective roof material will be used and a

condition to this effect is recommended.

Section 1.5 Quality Urban Environment

The relevant sub-sections within Section 1.5 Quality Urban Environment are vehicular access

and car parking, site coverage, landscaped area, excavation and private and communal open

space which are addressed following.

Vehicular Access & Car Parking



This sub-clause requires garages not to be located forward of the building line, not to be

underground and to be accessible in a single turning movement.

The proposal complies with these requirements, other than the requirement for the parking not to

be located forward of the dwelling. In this case, where the site is a battle-axe lot, it is considered

appropriate to provide the parking as close as possible to the access handle and as such provision

of the parking forward of the building line is reasonable, particularly as it will not be seen from

the street and the intention of the control is to protect the amenity of the streetscape.

Site Coverage

The subject site has an area of 701.9m2 and the proposal results in a site cover of 251m2, equating

to 35.8% of the site. The maximum site cover for sites between 500m2 and 749m2 is 40% and as

such the proposal complies with the control.

Landscaped Area

The subject site has an area of 701.9m2 and the proposal provides an unbuilt upon area of

280.2m2, equating 39.9% of the site and a landscaped area of 170.7m2, equating to 24.3% of the

site. The minimum landscaped area for sites between 500m2 and 749m2 is 40% and the maximum

unbuilt upon area is 20% and as such the proposal does not comply with the control. The

proposal as submitted provides a 110.06m2 landscape area deficiency and an excessive amount of

unbuilt upon area of 139.82m2. The existing landscaped area on the site is 201.6m2, equating to

28.7% of the site and the existing unbuilt upon area is 277.2m2, equating 39.5% of the site.

The applicant was advised that further variation from the controls from the existing level of

compliance would not be supported. In response the applicant identified areas of the site where

additional landscaping could be provided (see following plan), allowing for an increase in

landscaped area to 211.7m2 (with commensurate reduction in unbuilt upon area), an improvement

on the existing situation, and a condition of consent has been recommended to require the

landscape plan to be amended to increase the landscaping in accordance with this plan. The

amendments would result in the proposal providing slightly more landscaped area tahn the site in

its existing form which is considered acceptable.

Excavation



This sub-clause requires excavation to be carried out in a manner that does not impact the

stability of adjoining land or the drainage pattern and requires a 1.5m wide landscape strip along

at least one side boundary. The proposed excavation is generally considered reasonable and

subject to appropriate conditions will not impact the stability of adjoining land or the drainage

pattern. An appropriate landscaped strip is provided along the northern boundary, albeit setback

behind a path.

Private and Communal Open Space

A minimum of 50m2 of private open space is to be provided on lots between 500m2 and 749m2 in

area. The proposal provides for approximately 130m2 of private open space between the dwelling

and the waterway.

2. Car Parking and Transport

Section 10 provides controls for parking and parking structures for dwellings, requiring a parking

rate of 2 spaces for dwellings with 3 bedrooms or more and the proposal seeks to provide a

double garage, complying with this requirement. Sub-section 10.3 addresses design and layout

and the proposal is satisfactory in this regard.

3. Heritage & Conservation

As indicated earlier in this report in the comments from Council’s Conservation Planner, the

proposal is considered to have an unacceptable impact upon the heritage significance of the

Kurraba Point Conservation Area.

4. Erosion and Sediment Control

The applicant has submitted a satisfactory Sediment and Erosion Control Plan to address this

matter subject to standard conditions of consent.

5. Stormwater Management

The application has been assessed against the requirements of this section and been found to be

acceptable by Council’s Development Engineer subject to recommended standard conditions.

6. Relevant Planning Area (South Cremorne)

The site is located within the Kurraba Point Conservation Area Neighbourhood of the South

Cremorne Planning Area. The characteristic building elements identified in the statement all

relate to older housing with characteristic buildings identified as Federation and Edwardian

dwellings, Interwar dwellings and residential flat buildings. The existing building is therefore not

characteristic.



The identified building elements are one and two storey detached housing with hipped or gabled

roofs, open verandahs, 30-45o roof pitches, face brick and rendered brick, slate, terracotta or

corrugated metal roof and timber joinery. The proposal is two storey, but has a flat roof and metal

window and door openings. Given the existing building is not characteristic and given the view

sharing benefit of a flat roof, the proposal is considered acceptable as it is not visible from the

street. The existing roof is also not significantly visible from the waterway given the steep slope

of the site (see following photograph taken from the jetty at the end of the site – note red pitched

roof is from dwelling behind the subject site) and as such it is not considered that provision of a

pitched roof is necessary in this circumstance.

The application has been assessed against the relevant controls in DCP 2013 and found to be

acceptable, other than in relation to its impact upon the conservation area.

SECTION 94 CONTRIBUTIONS

The proposal is for a dwelling only and as such no s.94 contributions are applicable.

APPLICABLE REGULATIONS

The proposal is not inconsistent with any relevant regulations.

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/COMMENTS

Comments are provided below on the matters raised in the submissions:-

Insufficient regard has been paid to acoustic and visual privacy and it is requested that the

south facing windows are either removed or constructed of fixed frosted panels which are

then screened by fixed privacy louvres.

As has been discussed previously in this report, the provision of fixed angled louvres on the

western half of the southern balcony (1.5m) will provide an appropriate level of privacy

protection for the living room window to prevent a person looking back to the lawn area of 13

Shellcove Road.

The ground floor windows are located below the level of the adjoining lawn and will not result in

unacceptable privacy impacts.

As the balcony is only 0.756m wide it will not result in any acoustic impacts upon 13 Shellcove

Road.

The balcony opening to the south should be replaced with a solid brick wall.

The identified balcony has a width of 0.756m and presumably allows for the cleaning of the

adjoining window. Subject to the abovementioned privacy measure, the balcony will not result in

any unacceptable privacy impacts upon 13 Shellcove Road.

The proposal will result in a loss of view from 13 Shellcove Road due to the 3m extension to

the rear. It is requested the balcony roof be sloped/angled to preserve the existing view.

Given the width of the balcony discussed above, it would be of little benefit to angle the balcony.

It is noted that the notification plans do not include floor plans and as such this may not have

been obvious to the objector. An assessment of the view sharing impacts of the proposal has been

provided previously in the report and is considered to be acceptable with the proposed flat roof

providing some compensatory views for those lost in other locations.

Concern in relation to the potential reflectivity of the roof is raised and the use of reflective

material, including solar cells, should be prohibited.



The applicant has indicated a willingness to ensure the roof is constructed of a low reflective

material and a condition of consent to this effect is recommended. Solar panels are reflective and

it is not considered appropriate to prohibit them. The placement of the panels flush on the roof

and the distance separating the panels from the dwelling at 13 Shellcove Road are considered

adequate to minimise reflective glare.

The shadow diagrams are inadequate as they do not identify existing and proposed shadow

impacts.

The shadow diagrams do not indicate existing and proposed shadows but are adequate as they

show 50% of the rear yard of 13 Shellcove Road will retain solar access for 3 hours at midwinter

as required by the DCP.

CONCLUSION

Development application 111/17 involves demolition of the upper floor level and carport and

construction of a double garage accessed by an extension of the driveway and creation of an entry

lobby extending forward of the existing dwelling and provision of a lift within the dwelling. The

upper level of the dwelling is to be constructed to extend under the proposed entry lobby and

carport and towards the rear and the lower level of the dwelling is also to be extended to the rear.

The proposed dwelling is to be provided with a flat roof. Given the extent of works proposed, it

is considered that the application constitutes construction of a new dwelling.

Notification of the proposal has attracted 1 submission raising particular concerns about the

impact upon privacy and views and glare from the proposed flat roof and solar panels and

whether the shadow assessment is adequate. Whilst the view impacts are considered acceptable

and the shadow assessment is adequate, privacy screening is conditioned (agreed by applicant)

and the applicant has proposed a low-glare roof.

The application is acceptable when assessed against the provisions of North Sydney Local

Environmental Plan and Development Control Plan and Sydney Regional Environmental Plan

(Sydney Harbour Catchment) with the exception of its impact upon the conservation area.

Council’s Conservation Planner has suggested changes which would make the proposal

potentially acceptable from a heritage perspective, including the provision of a pitched roof.

From a planning perspective a pitched roof would be less desirable as it would result in greater

view loss impacts from 13 Shellcove Road as there would be no reduction in view impacts due to

the change in roof form to compensate for the increased view impacts due to the extension of the

dwelling to the rear. Further, as can be seen in the photograph on page 23 of this report, a pitched

roof would not be visible from the waterway and can also not be seen in the streetscape.

Therefore, notwithstanding the heritage concerns raise, the application is recommended for

approval. However, should the Panel agree that the heritage concerns raised warrant refusal

solely on heritage grounds, the report also contains recommended heritage reasons for refusal.



NOTE BY MANAGER DEVELOPMENT SERVICES

The recommendation offered by the Consultant Planner can be regarded as balanced. The

outcome of an entirely satisfactory heritage solution is likely to have greater impact on

neighbouring properties. For the Panel’s determination.

RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

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

Manager as the consent authority, approve Development Application No. 111/17 for significant

alterations and additions to the existing dwelling, a new garage and landscaping at No. 15B

Shellcove Road, Kurraba Point, subject to the attached conditions.

REASONS FOR REFUSAL SHOULD THE PANEL CHOSE TO REFUSE ON THE

BASIS OF HERITAGE CONCERNS

1. The proposal has an unacceptable impact upon the significance of the Kurraba Point

Conservation Area due to its minimalist design, flat roof, inappropriately proportioned

windows, extent of glazing and materials palette and is unacceptable when assessed

against Clause 5.10 of North Sydney Local Environmental Plan 2013 and Part B

Section 13 of North Sydney Development Control Plan 2013.

2. The proposal constitutes demolition of a neutral item in a conservation area and

insufficient information has been provided to justify demolition of the building as

required by Part B Section 13.8 Demolition of North Sydney Development Control

Plan 2013.

Kerry Gordon

CONSULTANT TOWN PLANNER

George Youhanna Stephen Beattie

EXECUTIVE PLANNER MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL

CONDITIONS OF DEVELOPMENT APPROVAL

15B SHELLCOVE ROAD, KURRABA POINT

DEVELOPMENT APPLICATION NO. 111/17

A. Conditions that Identify Approved Plans

Development in Accordance with Plans/documentation

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

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

by the following conditions and this consent.

Plan

No.

Issue Title Drawn by Dated

A101 - Site Plan John Bradley Architect 28/03/2017

A104 - Garage Level – RL 11.555 John Bradley Architect 28/03/2017

A105 - Living Level – RL 9.080 John Bradley Architect 28/03/2017

A106 - Bedroom Level – RL 6.110 John Bradley Architect 28/03/2017

A107 - Basement Level – RL 3.140 John Bradley Architect 28/03/2017

A108 - Elevations John Bradley Architect 28/03/2017




A112 - Sections John Bradley Architect 28/03/2017



A115 - Calculation Sheet John Bradley Architect 19/07/2017

A131 - Finishes Schedule John Bradley Architect 28/03/2017

A132 - Waste Management Plan John Bradley Architect 28/03/2017

A136 - Excavation Plan John Bradley Architect 28/03/2017

A137 - Demolition Plan John Bradley Architect 28/03/2017

C1.00 A Cover Sheet, Notes and Legends ACOR March 17

C1.01 A Stormwater Management Plan and

Soil Erosion and Sediment

Control Plan

ACOR March 17

C1.02 A Details Sheet 1 ACOR March 17

L/01 A Landscape Plan for DA ATC 17/07/17

L/02 A Landscape Development

Application Images

ATC 17/07/17

Construction Impact Assessment

and Management Plan

Botanics Tree Wise People

Pty Ltd

March 2017

BASIX Certificate 808359S_02 John Bradley Architect 27 March

2017

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

accordance with the determination of Council, Public Information)

ATTACHMENT TO IPP03 - 02/08/17


DEVELOPMENT APPLICATION NO. 111/17 Page 2 of 16

September 2013 v1

Plans on Site

A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction

Certificate) must be kept on site at all times so as to be readily available for perusal by

any officer of Council or the Principal Certifying Authority.

All documents kept on site in accordance with this condition must be provided to any

officer of the Council or the certifying authority upon their request.


accordance with the determination of Council, Public Information and

to ensure ongoing compliance)

No Demolition of Extra Fabric

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

documented on the approved plans.

(Reason: To ensure compliance with the approved development)

External Finishes & Materials

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

undated, prepared by John Bradley Architect Pty, except as modified by this

condition, unless otherwise modified by Council in writing. The rendered masonry

shall be finished using Dulux Highgate 8W.


accordance with the determination of Council, Public Information)

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

Amended Architectural Plans

C1. An amended architectural plan shall be prepared for approval with the Construction

Certificate Application showing the following

a) The provision of a fixed and angled privacy louvre to the western half of the

external southern balcony beside the living room window (a distance of 1.5m)

to prevent overlooking of the adjoining lawn area of 13 Shellcove Road; and

b) The use of low or non-reflective materials for the roof of all structures.

(Reason: To ensure the protection of the amenity of adjoining dwellings)




September 2013 v1

Amended Landscape Plans

C2. An amended landscape plan shall be prepared for approval with the Construction

Certificate Application showing the following

a) An increase in soft landscaped area to 211.7m2 as shown on Drawing No.

A115, dated 19/07/2017, prepared by John Bradley Architect Pty Ltd.

(Reason: To ensure an appropriate landscape setting for the dwelling)

Dilapidation Report Damage to Public Infrastructure

C3. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the

existing public infrastructure in the vicinity of the development site. Particular

attention must be paid to accurately recording any pre-developed damaged areas so

that Council is fully informed when assessing any damage to public infrastructure

caused as a result of the development. A copy of the dilapidation survey and report is

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

Construction Certificate.

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

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

existing under the requirements of this condition.

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

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

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

carrying out of the development is rectified.

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

Council by the Certifying Authority with submission of the Construction Certificate

documentation.

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

commencement of construction)

Dilapidation Survey Private Property (Neighbouring Buildings, common driveway

crossing and right of carriage way)

C4. A photographic survey and dilapidation report of adjoining properties No’s. (13 & 15

Shellcove Road) detailing the physical condition of those properties externally,

including, but not limited to, such items as walls, SHALL BE submitted to the

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

The survey and report is to be prepared by an appropriately qualified person agreed to

by both the applicant and the owner of the adjoining property. A copy of the report is

to be provided to Council, if Council is not the Certifying Authority, prior to the issue

of any Construction Certificate.




September 2013 v1

All costs incurred in achieving compliance with this condition shall be borne by the

person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation

report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in

writing, to the satisfaction of Council that all reasonable steps have been taken to

obtain access and advise the affected property owner of the reason for the survey and

that these steps have failed. Written concurrence must be obtained from Council in

such circumstances.

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

an applicant or affected property owner to assist in any action required to

resolve any dispute over damage to adjoining properties arising from the

works. It is in the applicant’s and adjoining owner’s interest for it to be as full

and detailed as possible.

(Reason: Proper management of records)

Geotechnical Certificate

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 the proposed excavation, including any

recommendations for shoring works that may be required to ensure the

stability of the excavation;

c) providing protection and support of adjoining properties; and

d) the provision of appropriate subsoil drainage during and upon completion of

construction works

must be submitted for approval by the Certifying 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 specifications submitted for approval with any construction

certificate application must comply with (a), (b), (c) and (d) above and the certified

report, including any recommendations made in the said certified report.

The Certifying Authority must ensure that the building plans and specifications

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

satisfy the requirements of this condition.

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

during the excavation process)




September 2013 v1

Stormwater Management and Disposal Design Plan – Construct. Issue

C6. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

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

management plan must detail the following requirements of North Sydney Council:

a) Compliance with BCA drainage requirements, Councils Engineering

Performance guide and current Australian 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 additions

must be conveyed in a controlled manner by gravity to the bay via existing

stormwater lines (if new stormwater outlet is proposed, then RMS must be

consulted).

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

Details demonstrating compliance are to be submitted with the Construction

Certificate.

The Certifying Authority issuing the Construction Certificate must ensure that the

approved drainage plan and specifications, satisfying the requirements of this

condition, is referenced on and accompanies the Construction Certificate.

(Reason To ensure controlled stormwater management and disposal without

nuisance)

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

Gutter, Footpaths, Vehicular Crossing and Road Pavement

C7. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $2,500.00 to be held by Council for the

payment of cost for any/all of the following:

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

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

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

footway construction, stormwater drainage and environmental controls)

required in connection with this consent

c. Remedying any defects in any such public work that arise within 1 year for

stormwater and 6 months for major road works and 2 months for vehicular

crossing & small associated footpath works, after the work is completed.


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

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



September 2013 v1

The security in accordance with the schedule contained later in these conditions and

must be provided by way of a deposit with the Council; or a guarantee satisfactory to

Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of defect risk period for the

particular type of work as specified above (under c)), from the issue of any final

Occupation Certificate or completion of public work required to be completed

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

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

deemed necessary by Council in circumstances including the following: -

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

the security immediately;

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

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

works;

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

unacceptable quality; and

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

Council prior to issue of any Construction Certificate.

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

appropriate quality for new public infrastructure)

Security Deposit/ Guarantee Schedule

C8. 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 ($)

Footpath Damage Bond $2,500.00

TOTAL BONDS $2,500.00

(Reason: Compliance with the development consent)

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

Commencement of Works Notice

D1. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North

Sydney Council of the person’s intention to commence building work, demolition or

excavation in accordance with this development consent.

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

commencement of any building work, demolition or excavation)




September 2013 v1

E. During Demolition and Building Work

Cigarette Butt Receptacle

E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

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

Parking Restrictions

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

times during works. The placement of any barriers, traffic cones, obstructions or other

device in the road shoulder or kerbside lane is prohibited without the prior written

consent of Council. Changes to existing public parking facilities/restrictions must be

approved by the North Sydney Local Traffic Committee. The Developer will be held

responsible for any breaches of this condition, and will incur any fines associated with

enforcement by Council regulatory officers.

(Reason: To ensure that existing kerbside parking provisions are not

compromised during works)

Road Reserve Safety

E3. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no

obstructions caused to the said footways and roadways. Construction materials and

plant must not be stored in the road reserve without approval of Council. A safe

pedestrian circulation route and a pavement/route free of trip hazards must be

maintained at all times on or adjacent to any public access ways fronting the

construction site.

Where public infrastructure is damaged, repair works must be carried out in when and

as directed by Council officers (at full Developer cost). Where pedestrian circulation

is diverted on to the roadway or verge areas, clear directional signage and protective

barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control

Devices for Work on Roads”. If pedestrian circulation is not satisfactorily

maintained across the site frontage, and action is not taken promptly to rectify

the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)




September 2013 v1

Service adjustments

E4. Where required, the adjustment or inclusion of any new utility service facilities must

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

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

Council. It is the Applicants full responsibility to make contact with the relevant

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

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

Council accepts no responsibility whatsoever for any matter arising from its approval

of this application involving any influence upon utility services provided by another

authority.

(Reason: To ensure the service requirements are met)

Temporary Disposal of Stormwater Runoff

E5. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon

completion of any impervious areas on the site (including roofs, driveways, paving)

and where the final drainage system is incomplete, the necessary temporary drainage

systems must be installed to reasonably manage and control runoff as far as the

approved point of stormwater discharge. Such ongoing measures must be to the

satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Geotechnical Stability during Works

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

the development and a suitably qualified and consulting geotechnical engineer must

oversee the excavation procedure.

Geotechnical aspects of the development work, namely appropriate excavation

method and vibration control, support and retention of excavated faces, and

hydrogeological considerations must be undertaken in accordance with the

recommendations of the geotechnical engineer and all subsequent geotechnical

inspections carried out during the excavation and construction phase.

Approval must be obtained from all affected property owners, including North Sydney

Council where rock anchors (both temporary and permanent) are proposed below

adjacent private or public property.

(Reason: Ensure appropriate professional are engaged at appropriate stages

during construction)




September 2013 v1

Removal of Extra Fabric

E7. Should any portion of the existing building, trees, or curtilage of the site which is

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

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

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

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

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

if necessary.

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

Developer's Cost of Work on Council Property

E8. The developer must bear the cost of all works associated with the development that

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

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

Construction Hours

E9. Building construction and works must be restricted to within the hours of 7.00 am to

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

inclusive, with no work on Sundays and Public Holidays.

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

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

i. “Building construction” means any physical activity on the site involved in the

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

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

ii. “Demolition works” means any physical activity to tear down or break up a

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

demolition waste and the unloading of plant or machinery.

iii. “Excavation work” means the use of any excavation machinery and the use of

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

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

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

unloading of plant or machinery associated with excavation work.

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

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

adjoining the site.

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

expectations of residents and the community)




September 2013 v1

Installation and Maintenance of Sediment Control

E10. Erosion and sediment controls must be installed and maintained at all times in

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

the Construction Certificate.

Erosion and sediment measures must be maintained in accordance with the

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

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

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

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

erosion from development sites)

Sediment and Erosion Control Signage

E11. A durable sign, must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not

be maintained. A sign of the type referred to in this condition is available from

Council.

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

erosion from development sites)

Site Amenities and Facilities

E12. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction

safety regulations, including any WorkCover Authority requirements, must be

provided and maintained at all times. The type of work place determines the type of

amenities required.

Further information and details can be obtained from the Internet at

www.workcover.nsw.gov.au

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

site)

Health and Safety

E13. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to

prepare a health and safety plan. Site fencing must be installed sufficient to exclude

the public from the site. Safety signs must be erected that warn the public to keep out

of the site, and provide a contact telephone number for enquiries.




September 2013 v1

Further information and details regarding occupational health and safety requirements

for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

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

site)

Prohibition on Use of Pavements

E14. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to

this effect must be erected adjacent to the street alignment.

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

Asbestos Removal

E15. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or

“Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos

Licence and removal must be carried out in accordance with National Occupational

Health and Safety Commission.

(Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements).

Damage to Adjoining Properties

E16. All precautions must be taken to prevent any damage likely to be sustained to

adjoining properties. Adjoining owner property rights and the need for owner’s

permission must be observed at all times, including the entering onto land for the

purpose of undertaking works.

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

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

relevant Legislation

Building Code of Australia

F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory)




September 2013 v1

Home Building Act

F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home

Building Act 1989 requires there to be a contract of insurance under Part 6 of

that Act must not be carried out unless the Principal Certifying Authority for

the development to which the work relates has given North Sydney Council

written notice of the contract of insurance being issued and of the following:

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

appointed:

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

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

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit

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

2) If arrangements for doing residential building work are changed while the

work is in progress such that the information submitted to Council in

accordance with this conditions is out of date, work must cease and no further

work may be carried out unless the Principal Certifying Authority for the

development to which the work relates (not being the Council), has given the

Council written notice of the updated information.

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

Home Building Act 1989 that states that a person is the holder of an insurance

policy issued for the purposes of that Part is, for the purposes of this clause,

sufficient evidence that the person has complied with the requirements of that

Part.


Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying

Authority for the building work in accordance with the provisions of the EP&A Act

and its Regulations.

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

prior to the commencement of any building work, demolition or

excavation)




September 2013 v1

Construction Certificate

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

must not be commenced until a Construction Certificate for the relevant part of the

building work has been issued in accordance with the provisions of the EP&A Act and

its Regulations.

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


excavation)

Occupation Certificate

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

building (new building includes an altered portion of, or an extension to, an existing

building) unless an Occupation Certificate has been issued in relation to the building

or part. Only the Principal Certifying Authority appointed for the building work can

issue an Occupation Certificate.

(Reason: Statutory)

Critical Stage Inspections

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

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by

the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works

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

must not be commenced until the developer has given at least 2 days notice to North

Sydney Council of the person’s intention to commence the erection of the building.

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


excavation)

Excavation/Demolition

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

building must be executed safely and in accordance with appropriate

professional standards.




September 2013 v1

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

be properly guarded and protected to prevent them from being dangerous to

life or property.

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

AS2601- Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible

manner and protect adjoining property and persons from potential

damage)

Protection of Public Places

F9. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substance

from, or in connection with, the work falling into the public place.

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

hazardous to persons in the public place.

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

completed.

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

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

or managed by Council, written approval must be obtained. Any application

needs to be accompanied by plans indicating the type of hoarding and its

layout. Fees are assessed and will form part of any approval given. These fees

must be paid prior to the approval being given. Approval for hoardings will

generally only be given in association with approved building works,

maintenance or to ensure protection of the public. An application form for a

Hoarding Permit can be downloaded from Council’s website.

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

Site Sign

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

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

b) showing the name of the principal contractor (or person in charge of

the work site), and a telephone number at which that person may be

contacted at any time for business purposes and outside working hours;

and




September 2013 v1

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

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work

is being carried out, but must be removed when the work has been completed.


G. Prior to the Issue of an Occupation Certificate

Infrastructure Repair and Completion of Works

G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

to repair and make good any damaged public infrastructure caused as a result of any

works relating to the development (including damage caused by, but not limited to,

delivery vehicles, waste collection, contractors, subcontractors, concrete vehicles)

must be fully repaired;

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

(Reason: Maintain quality of Public assets)

Utility Services

G2. All utility services shall be adjusted, to the correct levels and/or location/s required by

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

Council.

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

Damage to Adjoining Properties

G3. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified

consultant and is to be provided to the Certifying Authority (and a copy to Council if

it is not the Certifying Authority) certifying:

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

development;

2. the nature and extent of any damage caused to the adjoining property as a

result of the development;

3. the nature and extent of works required to rectify any damage caused to the

adjoining property as a result of the proposed development;

4. the nature and extent of works carried out to rectify any damage caused to the

adjoining property as a result of the development; and




September 2013 v1

5. the nature and extent of any agreements entered into for rectification of any

damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports

required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result

of the development identified in the report and certification have not been carried out,

a satisfactory agreement for rectification of the damage is to be made with the affected

person/s as soon as possible prior to the issue of an Occupation Certificate.

All costs incurred in achieving compliance with this condition shall be borne by the

developer.

(Reason: To ensure adjoining owner’s property rights are protected in so far as

possible)


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.

ATTACHMENT TO IPP03 - 02/08/17 Page 48

STATEMENT OF ENVIRONMENTAL EFFECTS No.15b Shellcove Road Kurraba Point

Proposed Dwelling House Cl.4.6 variation request

Prepared for

M & J Tolhurst


15b Shellcove Road July 2017

2

No. 15b Shellcove Road Kurraba Point Objection pursuant to the provisions

of CL. 4.6 of North Sydney Local Environmental Plan 2013

This objection under has been prepared in relation to a Development Application that proposes the additions and alterations to the existing house on the subject site. It is apparent that there is a minor non-compliances in with the building height control of 8.5m applicable to the site in the central section of the footprint on the east elevation. The non-complying section has been marked by a string line erected on the property. 1.0 Cl.4.6 Exception to development standards WLEP 2012

Clause 4.6 provides a mechanism by which a development standard can be varied. The objectives of this clause are: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. Pursuant to clause 4.6(2) consent may, subject to this clause, be granted for development even though it would contravene a development standard imposed by this or any other environmental planning instrument. This clause does not apply however to a development standard that is expressly excluded from the operation of this clause. This clause would apply to the development standards in Cl4.3A height of buildings. Clause 4.6(3) states that consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or

unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify

contravening the development standard. Clause 4.6(4) states consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and



3

(ii) the proposed development will be in the public interest because it is

consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained. Clause 4.6(5) states that in deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of

significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-

General before granting concurrence. 2.0 Zone Objectives The subject site is zoned R2 Low Density Residential pursuant to the provisions of North Sydney Local Environmental Plan 2013 (“NSLEP 2013”). The objectives of the R2 zone are as follows: • To provide for the housing needs of the community within a low density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. • To encourage development of sites for low density housing, including dual occupancies, if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area. • To ensure that a high level of residential amenity is achieved and maintained. The proposed development achieves the objectives and is permitted in the zone. The proposal will result in additions that achieve a contemporary dwelling house exhibiting a high level of design quality and which is of a bulk and scale consistent and often less than what is found on other sites nearby and in the locality. The proposal has a low impact on the waterway and removes the existing pitched roof lowering the height by 1.6m over the existing footprint. It retains the existing landscape and vegetation located below the developed footprint in its current manner maintaining the interface with Shell Cove. The proposed development is therefore considered to be consistent with the stated zone objectives. Accordingly there is no zone or zone objective impediment to the granting of consent.



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3.0 Objection to development standard

(1) Building height Control

Pursuant to Clause 4.3A of NSLEP 2013 buildings on the site must not exceed 8.5m.There is a minor area of non-compliance with the 8.5m control predominantly through the central part of the building on the east elevation of the first floor as demonstrated in the following diagram:

Fig 6. Height envelope diagram. 8.5m exceedance coloured white (Source: John Bradley Architect)

Fig. 7 Section through building indicating maximum height breach of 465mm. (Source: John Bradley Architect)



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The non-complying portion represents a small section of the roof form and is partly the roof structure over the balcony area on the east elevation (refer diagrams above). (1) The objectives of this clause are as follows: (a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient, (b) to promote the retention and, if appropriate, sharing of existing views, (c) to maintain solar access to existing dwellings, public reserves and streets, and to promote solar access for future development, (d) to maintain privacy for residents of existing dwellings and to promote privacy for residents of new buildings, (e) to ensure compatibility between development, particularly at zone boundaries, (f) to encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area. Having regard to the stated objectives it is considered that strict compliance is both unreasonable and unnecessary for the following reasons: The proposed house only breaches the height control to a minor extent and

produces a built form that is consistent with the surrounding built from and notably less than the some adjacent development and thus achieves objective (e);

The minor breach of the control is associated with minor elements of the building and does not cause any impact on the amenity of surrounding properties in relation to overlooking or overshadowing in achievement of objective (c) and (d);

With respect to objective (b) “to promote the retention and, if appropriate, sharing of existing views”, it is noted that whilst the highest point of the existing building is lowered by up to 1.6m the footprint is expanded eastwards towards the waterfront. As such there is a resultant impact on the downward view to the bay from the bedroom of the abutting house to the south west, No.13 Shellcove Road. The bedroom level of No.13 has an approximate rl of 19.6 compared to the level of the proposed roof of No.15 which is at rl 12.03. As such the bedroom is considerably higher having a level some 7.57m above the proposed roof level. In these circumstances the affectation on the view available from the bedroom is assessed as follows: - The predominant aspect available from the bedroom is outwards and across

Shell Cove towards Cremorne Point as well as to the north east up Shell Cove and also partly to the south east;

- The view affectation is in a decidedly downward aspect only from a position located close to the windows in the bedroom;

- The quantum of affectation caused by the non-compliance relates to essentially a ‘sliver’ of water only caused by an expanded footprint through the central part of that building;

- To either side of this point and at the corners of the proposed footprint the building is in compliance with the building height control;



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- The non-complying portion of the building does not obscure any portion of land water interface nor any moored yachts or other feature in Shell Cove;

- Again it is noticed that a view of the proposed roof form can only be gained from a standing position close to the window itself rather than from positions in the body of the bedroom;

- As the footprint extends southwards views of the building are also obscured by existing vegetation;

- In terms of the overall impact on the vista available from the bedroom windows of No. 13 Shellcove Road, the existing commanding view which is achieved by the significantly greater height of No.13 compared to No.15, is retained unaffected. The downward view affectation is very limited in both its extent (width and depth) and also the positions in the bedroom from which it can be observed;

- As such it is concluded that the proposed development achieves objective (b) having only a very minor effect on the significant and expansive views available from the bedroom level of No.13 Shellcove Road;

The proposed development incorporates a high level of design skill and is setback from the water way in compliance with the foreshore building line from which it is also softened by retention of existing vegetation. The small areas of the building that breach the control contribute to the overall design concept of the building and assist in production of a visually pleasing and well resolved building in achievement of objective (a) and (f);

The proposed height is well within the development potential of the site noting that the very great proportion of the building complies with the 8.5m control and the breach is only for a very small area to a maximum of 465mm. A built form that is consistent with the surrounding built form, and achieves the desired future character of the locality will result. Again objective (f) is not compromised;

4.0 Conclusions Having regard to the provisions of Cl. 4.6 I am of the opinion that:

the proposed height of the house is consistent with development in the locality and achieves the zone objectives;

there are sufficient circumstances to justify the non-compliance with the development standard in this case given the lack of impact associated with the minor breach, the design quality of the proposed house and the character of the locality;

there are no adverse amenity impacts caused to surrounding properties by the minor non-compliance with the development standard;

the view affectation from the bedroom level of No.13 Shellcove road is minor in extent given the expansive vista available from this bedroom;

that having regard to the above that compliance with the building height standard is unreasonable or unnecessary in the circumstances of the case;

that given the fact that the objectives of the zone and the development standard have been achieved, approval would not be antipathetic to the public interest;



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non-compliance with the development standard does not raise any matter of significance for State or Regional environmental planning;

As such it is my opinion that there is no statutory impediment or planning merit reason to deny the granting of a variation in this case.

C.F.Blyth MPIA CPP Director Plansight Pty Ltd Docs/15bShellcoveCL4.6V2


Item - REPORTS€¦ · Report of Kerry Gordon Planning Services Pty Ltd Page 5 Re: 15B Shellcove...

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