NO RT H S Y DNE Y CO UNCI L RE P O RT S€¦ · PROPOSAL: Alterations and additions to existing...

Item ____IPP04_______ - REPORTS -_______01/07/2015________

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

NSIPP MEETING HELD ON 1/07/2015

Attachments: 1. Site Plan

2. Architectural Plans 3. Clause 4.6 Request for variation to Clause 4.3 Building Height of NSLEP 2013

ADDRESS/WARD: 51 Victoria Street, McMahons Point (V) APPLICATION No: DA 74/15 PROPOSAL: Alterations and additions to existing terrace dwelling PLANS REF: Drawings numbered 1002, 1006 to 1009 and 2001 to 2004, dated

4 June 2015, drawn by Danny Broe Architect, and received by Council on 5 June 2015

OWNER: Warick Delprado APPLICANT: Warick Delprado AUTHOR: Adonna See, Graduate Assessment Officer DATE OF REPORT: 15 June 2015 DATE LODGED: 25 March 2015 AMENDED: 5 June 2015 RECOMMENDATION Approval

Report of Adonna See, Graduate Assessment Officer Re: 51 Victoria Street, McMahons Point

EXECUTIVE SUMMARY This development application seeks Council’s approval for alterations and additions to an existing terrace dwelling including new rear skillion dormer to attic, new awning to first floor terrace, replacement of steel balustrade to attic terrace, new privacy screens to ground and first floor terraces, and internal works. The application is reported to North Sydney Independent Planning Panel for determination because the variation sought to the building height development standard is greater than 10% requiring determination by the NSIPP in accordance with the directions from the NSW Department of Planning. The owners of adjoining properties and the Hayberry Precinct were notified of the proposed development on 10 April 2015. Council’s notification of the proposal and subsequent renotification of amended plans has attracted two submissions raising particular concerns about heritage, privacy, and overshadowing. Council’s Conservation Planner raised concerns in relation to the originally proposed front dormer, the proposed side glazing to the rear dormer, the proposed glass balustrade to the attic-level terrace, and the proposed materials to the terrace privacy screens. Additionally, concerns were raised in relation to the bulk and scale of the proposed first floor terrace enclosure. In response, amended plans were submitted that have adequately addressed these concerns. The assessment has considered the performance of the revised application against Council’s planning requirements under NSLEP 2013 and NSDCP 2013. Further, the revised application was reviewed by Council’s Conservation Planner who has responded in support of the proposal, subject to conditions. The written submission provided addressing the requested variation to the height of building control is considered to be well founded and the proposed height variation considered to be acceptable. The development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions.

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Re:

Property/Applicant Submittors - Properties Notified

51 Victoria Street, McMahons Point - DA 74/15


DESCRIPTION OF PROPOSAL The development application seeks consent for alterations and additions to the existing terrace dwelling including skillion dormer to rear attic, new awnings and privacy screens to attic and first floor terraces, replacement of attic terrace balustrade, and internal works. In detail, the proposed works include: Basement

- Replace existing door to west elevation with window in-frame; - New timber floorboards to entire level and joinery work.

Ground Floor

- Replace sliding timber screen to kitchen terrace with bi-fold doors; - New painted vertical privacy screens; - New retractable awning; - New parquetry to living room and joinery work.

First Floor

- Replace existing sliding door to terrace with 3-panel sliding door; - New timber framed colorbond awning to match adjoining awning; - New painted vertical privacy screens; - New built in wardrobes to dressing room.

Attic

- New dormer with skillion roof to rear; - Replacement of steel palisade with matching steel palisade; - New retractable canvas awning and raised floor to attic terrace.

Figure 1. Proposed alterations and additions shown in section


STATUTORY CONTROLS North Sydney LEP 2013

• Zoning – IN2 Light Industrial • Item of Heritage – Yes (Item I0508 ‘Kilmorey Terrace’) • In Vicinity of Item of Heritage – Yes (36, 37, 40, 43, 45, 53, 55 & 62-68 Victoria Street;

176, 178 & 182-186 Blues Point Road; and 48 Mitchell Street. • Conservation Area – No • FSBL – No

Environmental Planning & Assessment Act 1979 SEPP 55 - Contaminated Lands SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS DCP 2013 DESCRIPTION OF LOCALITY The site has a legal description of Lot 1, DP 801648 and is commonly known as 51 Victoria Street, McMahons Point. The site is located on the southern side of Victoria Street between Thomas Street and Blues Point Road and has a secondary frontage to Mitchell Street. The site is rectangular in shape with a frontage to Victoria Street of approximately 4.87m and a site area of 113.9m².

Image 1. Aerial Photograph of Subject Site. Source: nearmap.com.au

The site is occupied by a part-three, part-four storey dwelling which is one of a row of three late Victorian terraces whose facades remain largely intact. All three terraces have similar additions to the rear.


Image 2. Row of Three Terraces (Subject Site on right)

Image 3. Rear of Subject Site and Adjoining Terraces

Given the site’s IN2 Light Industrial Zoning, surrounding land use consists of a mixture of residential dwellings and light industrial uses. Adjoining the row of terraces to the east is a two-storey office building, and to the west a currently vacant lot awaiting construction of a four-storey residential dwelling. Across Victoria Street to the north and Mitchell Street to the south are two/three storey light industrial buildings. These buildings contain a range of uses including ancillary offices for light industrial uses.


RELEVANT HISTORY

53 Victoria Street

DA 122/04 for alterations and additions to the existing terrace including new balustrades and timber privacy screens to existing rear balconies was approved by Council on 12 July 2004.

55 Victoria Street

DA 403/07 for alterations and additions to the existing terrace including new balustrades and privacy screens to existing rear balconies and roof over first floor terrace was approved by Council on 23 April 2008.

47 Victoria Street

DA 142/11 for the demolition of existing commercial building and construction of a new, four-storey residential building was approved by Council on 29 August 2011 as a deferred commencement. A S96 application 142/11/2 to meet conditions of the original consent and involving a reduction in car spaces, increased setback to Mitchell Street, and a skillion roof to the southern structure was approved by Council on 1 July 2013.

Figure 2. Roof Plan of Approved Dwelling at No. 47 Victoria Street

Subject Site

DA 1514/95 was approved on 21 June 1996 for alterations and additions to the existing dwelling including the addition of two terraces at ground and first floor over the existing garage.

Subject Site

No. 47 Victoria Street


Subject DA

• The development application was lodged with Council on 25 March 2015; • Additional information (Clause 4.6 Request for variation to Clause 4.3 Building

Height of NSLEP 2013) was requested via letter on 31 March 2015; • Site inspection conducted on 8 April 2015; • The proposal was notified from 10 April 2015 to 24 April 2015 and one submission

was received during this period; • Additional information received on 14 April 2015; • Letter to advise that proposal is not supported by Council in its current form – various

amendments requested – sent 28 April 2015; • Amended Plans lodged with Council on 5 June 2015. • Amended Plans sent to submittor on 15 June 2015 and one additional submission was

received.

REFERRALS Building The proposal is required to comply with the Building Code of Australia. It is prescribed in the EPA&A regulation for all new building work to comply with the BCA. A condition is recommended to require compliance to be demonstrated prior to any Construction Certificate. Heritage The site is identified as a local General Heritage Item (I0508) pursuant to Schedule 5 of the North Sydney Local Environmental Plan 2013, and is adjacent two Heritage Items (I0509 and I0510) that are the matching terraces that form a group of three known as the Kilmorey Terraces. The site is not located within a Conservation Area. The original proposal was referred to Council’s Conservation Planner who provided the following comments:

1. Heritage Status and Significance The property is a heritage item but is not located in a conservation area. It forms part of a group of three Victorian Italianate terraces, being properties 51, 53 and 55 Victoria St. 2. Heritage Impact Assessment

a) North Sydney LEP 2013

5.10 Heritage conservation (1) the objectives of this Clause are as follows: (a) to conserve the environmental heritage of North Sydney The proposed works will further modify the heritage item’s front facade and will detract from the character of the building at the rear. The works are therefore not supported.


b) North Sydney DCP 2013

The proposed works do not comply with the following heritage controls in Part B Section 13 NSDCP 2013: 13.5 Provision P5 Locate change away from original areas of the heritage item that are intact. The proposed front dormer is not supported as the front facade is intact and there are no front dormers on the group. Any new front dormer will also create a precedent in the group of terraces. 13.9.2 Dormer Windows – Provision P1 refers to 1.4.11 Provision P12 The sides of dormers must not contain glass. The glazing on the side elevation of the rear dormer is not supported as it will be visible from Mitchell St. 13.9.3 Verandahs and Balconies Provision P6 Glass balustrades are not appropriate on pre -1970s buildings or where visible from the public domain. The proposed glazed balustrade will be visible from Mitchell St and is not supported. 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 horizontally battened privacy screens and balustrade are not detailed sympathetically to the character of the Victorian terrace. 3. Conclusion The proposal is considered to be unsatisfactory in its current form. It is recommended that the following amendments be made:

• Front dormer to be deleted. • Glazing in side wall of rear dormer to be deleted. • Glazed balustrade to be substituted with steel palisade or existing balustrade

retained. • Horizontally detailed timber balustrade and privacy screen to be re-designed to

have vertical emphasis. The above comments were included in a letter to the applicant requesting that the above and other amendments be incorporated into the proposal in order to comply with Council controls. Amended plans were received on 5 June 2015 and were referred once again to the Conservation Planner who provided the following comments on 11 June 2015:

The amended proposal is considered to be acceptable. The previously raised issues of the front dormer, the side wall dormer glazing and the balustrades have been satisfactorily resolved. The following conditions are recommended: A4. No Demolition of Extra Fabric E11. Removal of Extra Fabric E##. Original Interior Detailing


Original Victorian joinery, ceilings, cornices, ceiling roses, fire places and mantle pieces are to be retained. (Reason: To retain the heritage significance of the heritage item.)

SUBMISSIONS The owners of adjoining properties and the Hayberry Precinct were notified of the proposed development on 10 April 2015 to 24 April 2015. Following the notification period, one (1) submission was received. Amended plans were provided to the submitter who put forward an additional submission in response. The notification and subsequent provision of amended plans resulted in the following two (2) submissions: Basis of Submissions • Concern that proposed front dormer, glazed balustrade to attic terrace, and removal of

residual chimney are not in keeping with the heritage character of the group of terraces; • Concern that height, bulk and scale of the proposed first floor terrace enclosure would

impact on amenity of own terrace; • Concern that proposed raising of attic terrace level will impact on privacy to own terrace; • Concern that proposed motorised awning to attic terrace would cause overshadowing to

own terrace and is not be in keeping with group of terraces;

Basis of Submissions • Reiteration of concern that proposed raising of attic terrace level will impact on privacy to

own terrace; • Reiteration of concerns regarding overshadowing from the proposed motorised awnings to

the ground floor and attic terraces. The amended plans were provided to the objector who presented an additional submission. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP 2013 as indicated in the following compliance tables. More detailed comments with regard to the major issues are provided later in this report. 1. Permissibility within the zone: The site is identified under the LEP as being included within the IN2 Light Industrial zone. The proposal for the purpose of a dwelling house is permissible in the zone. 2. Zone Objectives The development satisfies the specific aims of the plan and the objectives of the IN2 Light Industrial zone contained in Clause 2.3 and the Land Use Table of NSLEP 2001. In particular, the development will encourage a mix of lower scale housing types.


The application has been assessed against the relevant numeric controls in NSLEP 2013. More detailed comments with regard to the major issues are provided below the table. 3. NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 113.9m² Proposed Control Complies Clause 4.2 – Heights of Building 13.2m (new works) 8.5 No

4. Building Height The proposal includes alterations and additions to the existing terrace dwelling, with proposed works having a maximum height of 13.2m, and therefore does not comply with Clause 4.3 (2) of the North Sydney Local Environmental Plan 2013 which specifies a maximum building height of 8.5m for the site. The applicant has submitted a written request to vary this development standard pursuant to Clause 4.6 of the NSLEP 2013, addressed below. Clause 4.6 Exceptions to Development Standards A portion of the proposed works, specifically the rear dormer, new balustrade to attic terrace and new awning to first floor terrace, will have a maximum height of 13.2m above existing site levels and contravenes Clause 4.3(2) of the North Sydney Local Environmental Plan 2013, which specifies a maximum building height of 8.5m for new building works. In regards to this non-compliance, the applicant has submitted a written request to vary this development standard, pursuant to Clause 4.6 of the NSLEP 2013. Given the above, the proposed breach has been assessed in accordance with the requirements of Clause 4.6(3), the objectives of the control and the zone. These matters have been considered below: (a) To promote development that conforms to and reflects natural landforms, by stepping

development on sloping land to follow the natural gradient, The proposal does not seek alteration to the natural landform of the site and is characteristic of the locality. (b) To promote the retention and, if appropriate, sharing of existing views, The proposal does not involve any reduction to the existing views of neighbouring and adjacent dwellings. (c) To maintain solar access to existing dwellings, public reserves and streets, and to

promote solar access for future development, The proposal does not involve any reduction in solar access to existing dwellings, public reserves and streets.


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

The proposal seeks to enhance the privacy of the subject dwelling as well as the privacy of adjacent dwellings through the erection of privacy screening to the ground and first floor terraces. (e) To ensure compatibility between development, particularly at zone boundaries, The proposal is located within, and considered compatible with, the IN2 Light Industrial Zone. (f) To encourage an appropriate scale and density of development that is in accordance

with, and promotes the character of, an area. The proposed works to the interior of the existing dwelling, the proposed rear dormer, and works to the rear terraces are considered to result in a scale and density of development that is in accordance with, and promotes the character of the area. It is concluded that the amended proposal would not have an adverse impact on the character of the locality and the amenity of adjoining properties would be maintained. Having regard to the above, the request under Clause 4.6 in NSLEP 2013 seeking a variation to the LEP building height control is considered to be well-founded and strict compliance with the standards is unnecessary in the circumstances. 5. Heritage The application has been assessed against the relevant heritage objectives and provisions as contained in Clauses 5.10 of North Sydney LEP 2013 in relation to heritage conservation. The proposed works are located to the rear of the site and are considered to be in keeping with the character of the area as well as the character of the group of heritage terraces to which the dwelling belongs. 6. North Sydney Development Control Plan 2013 DCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development complies Comments 1.2 Social Amenity Population Mix/ Maintaining Residential Accommodation

Yes Residential accommodation and mix will be maintained.

1.3 Environmental Criteria Topography Yes The proposal will not alter the topography of the site. Views Yes The proposal does not adversely impact on existing

views from adjacent dwellings as the rear dormer is located below the existing ridge line.

Solar Access Yes The proposal involves additional overshadowing caused primarily by the attic dormer. These changes involve minor overshadowing to No. 47 Victoria Street (to the first floor hallway and stairway), during morning hours, and minor overshadowing to the attic terrace at No. 53 Victoria Street during afternoon hours (3pm). These


additional shadows are considered to be acceptable given that no internal living areas are affected and adjacent dwellings still maintain a minimum of 3 hours solar access between 9.00am and 3.00pm during the winter solstice.

Acoustic Privacy Yes The proposal does not involve any changes to existing acoustic privacy measures. The proposal is considered to maintain existing acoustic privacy for the subject site and adjacent dwellings.

Visual Privacy Yes The proposal involves the erection of privacy screens to the ground and first floor terraces which will enhance privacy for the subject site as well as adjacent dwellings. The proposal also involves the raising of the attic terrace floor level to correspond with the attic terrace floor level of the adjacent building at No. 53 Victoria Street. This is not considered to impact negatively on adjacent properties.

1.4 Quality built form Context Yes The proposal is in keeping with the site layout and

building design.

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

Setback – Side Yes The proposal involves the construction of a new wall to the attic dormer 625mm from the western boundary. A 4.5m setback is required for dwelling houses within the IN2 – Light Industrial zone however the subject site lies within a street characterised by terrace housing, with the original portion of the terrace currently at a 0m setback to the western and southern boundaries.

Consideration of Nil setback (P3)

Part 1.4.6 P3 provides that Council may grant consent to a development with nil (0m) setback in circumstance where Council has had regard for the characteristics of the site including the following: a. Is the street characterised by terrace housing? The

street is characterised by single and two storey detached and semi detach dwellings.

b. What is the height and length of the wall on the boundary? The new wall is 3m in height and 4.3m in length.

c. Has the applicant control over the adjoining site(s) or the agreement of their owners? The proposed new wall does not fall on the boundary and therefore does not require adjoining site’s owner’s consent.

d. What are the impacts on the amenity and/or development potential of adjoining sites? This matter is addressed in greater detail above. No amenity impacts arise from the proposed new wall.

e. Are there arrangements in place for the maintenance of the wall or gutters? The proposed new wall is set back from the existing parapet and allows adequate room for maintenance of the wall and gutters.


The proposed 625mm setback to the western boundary is supported in the circumstances of this case, given the lack of impact to adjoining properties in terms of overshadowing, privacy and building separation.

Setback - Rear No Change

The proposal does not involve any changes to the rear setback.

Form Massing Scale Yes (via condition)

The proposal does not involve any changes to the height of the existing dwelling and the proposed additions and alterations are generally consistent with the character of the street. The proposal involves the addition of motorised awnings to the ground and attic terraces – in order to limit the bulk that these awnings will have (and the possible perceived enclosed terrace effect), a condition has been recommended to delete the awning to the attic terrace, and limit the length of extension to 1.5m for the awning to the ground level terrace.

Built Form Character Yes The proposal involves alterations located exclusively to the rear of the site and these are considered to be in keeping with the built form character of the surrounding area. The built form of the proposed attic dormer will match the dormers located on the two, matching terraces in a manner that is appropriate for its ‘end-of-terrace’ position.

Roofs Yes The proposal includes a new skillion roof to the proposed attic dormer. The roof form and materials are in keeping with existing dormers to the matching terraces.

Dormers Yes The proposed dormer sits below the existing ridge line of the building. The pitch and roof form are in keeping with existing attic dormers to the two, matching terraces located at Nos. 53 and 55 Victoria Street (see image below).

Image 4. Attic dormers with skillion roofs to Nos. 53 & 55 Victoria Street

Materials Yes (via condition)

The proposal documentation includes an External Finishes Schedule and the proposed materials and finishes to be used reinforce the character of the building and the character of the locality. A standard condition is recommended that all finishes and materials be in accordance with the submitted External Finishes Schedule.


1.5 Quality Urban Environment High Quality Residential Accommodation Yes The proposal involves various alterations and additions

to the existing terrace dwelling that enhance the amenity for the subject site.

Vehicle Access and Parking No Change

The proposal does not involve any changes to existing vehicle access and parking.

Site Coverage/Landscape Area No Change

The proposal does not involve any changes to existing site coverage and landscape area.

Excavation No Change

The proposal does not require any excavation on the subject site.

1.6 Efficient Use of Resources Energy Efficiency Yes The applicant has provided a BASIX Certificate in

support of the development application. An appropriate condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

Passive Solar Design Yes The existing dwelling will retain its northerly aspect and has been designed with regard to passive solar requirements.

Thermal Mass and Insulation Yes As per BASIX certificate. Natural Ventilation Yes As per BASIX certificate. Hot Water Systems Yes A gas instantaneous hot water heater is to be installed

as per BASIX certificate requirements. Water Conservation Yes In accordance with the BASIX Certificate

commitments: The applicant must ensure new or altered showerheads have a flow rate no greater than 9 litres per minute or a 3 star water rating. The applicant must ensure new or altered toilets have a flow rate no greater than 4 litres per average flush or a minimum 3 star water rating. The applicant must ensure new or altered taps have a flow rate no greater than 9 litres per minute or minimum 3 star water rating.

Stormwater Management Yes The proposal involves the connection of the new gutter to the attic dormer to the existing downpipe below.

Water Management and Minimisation Yes The applicant has provided a BASIX Certificate in support of the development application. An appropriate condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

Green Roof Yes The existing dwelling will retain the existing northerly aspect and has been designed with regard to passive solar requirements.

SUBMITTERS CONCERNS The issues raised in the submissions received during the notification of the original proposal are addressed below:

• Concern that proposed front dormer, glazed balustrade to attic terrace, and removal of residual chimney are not in keeping with the heritage character of the group of terraces;

Planning comment: the above concerns were also raised by Council’s Conservation Planner during a review of the original application. The amended plans that were subsequently submitted to Council have addressed these concerns through the deletion of the front dormer, replacement of the existing steel palisade to the attic terrace with a matching steel palisade, and retention of the residual chimney.


• Concern that height, bulk and scale of the proposed first floor terrace enclosure would impact on amenity of own terrace;

Planning comment: the above concern regarding the bulk and scale of the proposed first floor terrace enclosure was raised by Council staff during a review of the original application. The amended plans that were subsequently submitted to Council have addressed these concerns with the removal of the proposed posts and beams, and timber lattice screen. The amended proposal includes the retention of the existing steel palisade and privacy screens to the western and eastern elevations with a maximum height of 1,800 mm.

• Concern that proposed raising of attic terrace level will impact on privacy to own

terrace; Planning comment: the above concern is related to the raising of the attic terrace floor by approximately 300mm to RL 55.20. A search for the latest approved plans for No. 53 Victoria Street reveals that the approved floor level to the attic terrace is RL 55.16 based on the approved plans for DA 122/04. The raising of the attic terrace level to match the neighbouring level is not considered to impact negatively on the adjacent dwelling.

• Concern that proposed motorised awning to attic terrace would cause overshadowing to

own terrace and is not be in keeping with group of terraces;

Planning comment: the above concern regarding the proposed motorised awnings has been addressed through the assessment of the proposal, particularly with regards to form, massing and scale. In order to avoid the perception of enclosed terraces when the proposed awnings are fully extended, a condition has been recommended to delete the attic terrace awning, and limit the awning length of the ground floor terrace to 1.5m. It is considered that these conditions will assist with any perceived bulk issues associated with the proposed, motorised awnings.

Lavender Bay Planning Area (McMahons Point Business Precinct) The application has been assessed against the relevant controls in DCP 2013. The proposal is generally consistent with Part C of NSDCP 2013, in particular, the Character Statement in Section 9.2 which provides for the McMahons Point Business Precinct of the Lavender Bay Planning Area. In particular, the development is in keeping with the surrounding, residential accommodation and maintains existing views to Berrys Bay and Lavender Bay. SEPP 55 and Contaminated Land Management Issues The subject site has been considered in light of the Contaminated Lands Management Act and it is considered that as the site has been used for residential purposes for many years, contamination is unlikely. SREP (Sydney Harbour Catchment) 2005 The subject site is not within the part of North Sydney that is required to be considered pursuant to SREP (Sydney Harbour Catchment) 2005.


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 N/A 5. Traffic generation and Carparking provision N/A 6. Loading and Servicing facilities N/A 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues N/A 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 CONCLUSION The proposed alterations and additions including skillion dormer to rear attic, new awnings and privacy screens to attic and first floor terraces, and replacement of attic terrace balustrade are considered to be an appropriate use of the site and in accordance with the provisions of the zone. Despite concerns raised during the notification period, it is considered that the proposal (as amended) substantially complies with Council’s development controls for, bulk, design, heritage, privacy and overshadowing, and would not present any material adverse impact to adjoining properties. The proposed works are consistent with the heritage significance of the existing building and will be compatible with the building and surrounding character. The assessment has considered the performance of the revised application against Council’s planning requirements under NSLEP 2013 and NSDCP 2013. Further, the revised application was reviewed by Council’s Conservation Planner who has responded in support of the proposal, subject to conditions. The written submission provided addressing the requested variation to the height of building control is considered to be well founded and the proposed height variation considered to be acceptable. The application is therefore recommended for approval, subject to the imposition of the following conditions.


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, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for height, and grant consent to Development Application No. 74/15 for alteration and additions to the existing terrace dwelling at No. 51 Victoria Street, McMahons Point, subject to the attached conditions. Retractable Awnings C1. The retractable awnings to the south elevation must comply with the following:

(i) Deletion of retractable awning to the attic terrace; (ii) Ground floor terrace maximum awning extension of 1.5m;

Details demonstrating compliance with the above must be submitted to the Certifying Authority with Construction Certificate Application.

(Reason: To minimise the bulk and visual impact to the streetscape) Adonna See David Hoy GRADUATE ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS) Stephen Beattie MANAGER DEVELOPMENT SERVICES

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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

51 VICTORIA STREET, MCMAHONS POINT DEVELOPMENT APPLICATION NO. 74/15

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Issue Title Drawn by Received

1002 A External Finishes Schedule Danny Broe Architect 5.06.15 1006 A Proposed Basement &

Ground Floor Danny Broe Architect 5.06.15

1007 A Proposed First Floor & Attic

Danny Broe Architect 5.06.15

1008 A Proposed Roof/Site Plan Danny Broe Architect 5.06.15 2002 A South Elevation Danny Broe Architect 5.06.15 2003 A West Elevation Danny Broe Architect 5.06.15 2004 A Sections Danny Broe Architect 5.06.15

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

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

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


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

ATTACHMENT TO IPP04 - 01/07/2015

51 VICTORIA STREET, MCMAHONS POINT DEVELOPMENT APPLICATION NO. 74/15 Page 2 of 19

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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

dated 4 June 2015 prepared by Danny Broe Architect and received by Council on 5 June 2015 unless otherwise modified by Council in writing.


accordance with the determination of Council, Public Information) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Retractable Awnings C1. The retractable awnings to the south elevation must comply with the following:

(i) Deletion of retractable awning to the attic terrace; (ii) Ground floor terrace maximum awning extension of 1.5m;

Details demonstrating compliance with the above must be submitted to the Certifying Authority with Construction Certificate Application.

(Reason: To minimise the bulk and visual impact to the streetscape) Dilapidation Report Damage to Public Infrastructure

C2. A dilapidation survey and report (including photographic record) must be prepared by

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



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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) C3. A photographic survey and dilapidation report of adjoining properties No’s. 53

Victoria Street and 47 Victoria Street, McMahons Point detailing the physical condition of those properties, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.

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

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

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

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

(Reason: Proper management of records)



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Structural Adequacy (Semi Detached and Terrace Buildings) C4. A report from an appropriately qualified and practising structural engineer, certifying

the structural adequacy of the adjoining properties No’s. 53 Victoria Street and 47 Victoria Street, McMahons Point which certifies their ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

Under no circumstances shall the party or common wall be extended or altered without the prior written consent of the adjoining owner. Any such extension of the party wall shall be noted on title by way of appropriate easement or Section 88B instrument.

(Reason: To ensure the protection and structural integrity of adjoining

properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C5. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.

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

Sediment Control C6. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:



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a) All details of drainage to protect and drain the site during the construction processes;

b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during

construction.

All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Waste Management Plan C7. A Waste Management Plan is to be submitted for approval by the Certifying Authority

prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

a) The estimated volume of waste and method of disposal for the construction

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

construction process.

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

waste)



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Colours, Finishes and Materials (Heritage Items) C8. A traditional palette of finishes, materials and colour schemes must be selected for the

new building works appropriate to the architectural style of the original building and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.

(Reason: To ensure that exterior colours, finishes and materials are sympathetic

to the significance of the heritage item.) External Finishes and Materials C9. The external colours and finishes must be in accordance with the approved schedule

of finishes and materials. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure quality built form of development) Roofing Materials - Reflectivity C10. Roofing materials must be factory pre-finished with low glare and reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

materials does not occur as a result of the development) Asbestos Material Survey C11. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:



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

b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

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

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

BASIX Certificate C12. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX Certificate No. (A210860) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements) D. Prior to the Commencement of any Works (and continuing where indicated) Asbestos Material Survey

D1. Prior to the commencement of any works, a report must be prepared by a suitably

qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:



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

b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

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

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily)

Commencement of Works Notice

D2. Building work, demolition or excavation in accordance with this development consent must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the commencement of any building work, demolition or excavation)

E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

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

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



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

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

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

(Reason: Public Safety)

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

is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably manage and control runoff as far as the approved point of stormwater discharge. Such ongoing measures must be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Removal of Extra Fabric E5. 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)



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Dust Emission and Air Quality E6. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be covered. (c) Dust suppression measures must be carried out to minimise wind-borne

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

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

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration E7. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Special Permits E8. Unless otherwise specifically approved in writing by Council, all works, processes,

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

1) On-street mobile plant

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

(Reason: Proper management of public land)



September 2013 v1

2) Hoardings

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


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

Council’s property

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


4) Kerbside restrictions, construction zones

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


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

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

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

structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.



September 2013 v1

c) “Excavation work” means the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

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

expectations of residents and the community) Out of Hours Work Permits E10. Where it is necessary for works to occur outside those hours allowed by these

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

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

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

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

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

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

reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up works required to maintain or catch up with a construction

schedule.



September 2013 v1

5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

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

expectations of residents and the community) Site Amenities and Facilities E11. 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 E12. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Prohibition on Use of Pavements E13. 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)


http://www.northsydney.nsw.gov.au/�


September 2013 v1

Plant & Equipment Kept Within Site E14. All plant and equipment used in the undertaking of the development/ works, including

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

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

Waste Disposal E15. All records demonstrating the lawful disposal of waste must be retained and kept

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

Asbestos Removal E16. 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) Original Interior Detailing

E17. Original Victorian joinery, ceilings, cornices, ceiling roses, fire places and mantle

pieces are to be retained. (Reason: To retain the heritage significance of the heritage item)

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)


http://www.northsydney.nsw.gov.au/�


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.



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) Commencement of Works F6. Building work, demolition or excavation in accordance with this development consent

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



Excavation/Demolition F7. Demolition work must be undertaken in accordance with the provisions of AS2601-

Demolition of Structures.

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

Site Sign F8. 1) A sign must be erected in a prominent position on the site

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



September 2013 v1

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

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

Certifying Authority for the work.

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


G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Certificate any and all works relating to the

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

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

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

(Reason: Maintain quality of Public assets)

Damage to Adjoining Properties G2. 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) Asbestos Clearance Certificate G3. For building works where asbestos based products have been removed or altered, an

asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work prior to the issue of any Occupation Certificate, the asbestos clearance certificate must certify the following: -



September 2013 v1

a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the certificate must identify the type, location, use, condition and amount of such material. Note: Further details of licensed asbestos waste disposal facilities can be obtained

from www.epa.nsw.gov.au (Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants) Disposal Information G4. Upon completion of works and prior to occupation, a report including the following

information must be provided to Council’s Open Space and Environmental Services Department:

(a) the total tonnage of all waste and excavated material disposed of from the site

(including any tipping dockets); and (b) the disposal points and methods used. (Reason: To ensure appropriate disposal methods are undertaken for auditing

and inspection purposes) BASIX Completion Certificate G5. In accordance with Clause 154C of the Environmental Planning and Assessment

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

(Reason: To ensure compliance with the specified BASIX Certificate) Damage to Adjoining Properties G6. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:

a) whether any damage to adjoining properties has occurred as a result of the

development; b) the nature and extent of any damage caused to the adjoining property as a

result of the development;



September 2013 v1

c) the nature and extent of works required to rectify any damage caused to the adjoining property as a result of the proposed development;

d) the nature and extent of works carried out to rectify any damage caused to the adjoining property as a result of the development; and

e) the nature and extent of any agreements entered into for rectification of any damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. 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)


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EXTERNAL FINISHES SCHEDULE

ITEM / LOCATION MATERIAL / FINISH

MATCHEXISTINGCOLOUR

NEW ROOF /Front Gable Dormer & Rear Skillion Dormer

COLORBOND METALMatch existing roof colour (surfmist)

ROOF /Existing House

MAINTAIN EXISTING - NO CHANGECOLORBOND METALExisting roof colour (surfmist)

EXTERNAL WALLS /Front & Rear Facade of Existing House

DULUX"Grand Piano" PN1C7(lmage is an approximation of colour)

DOWNPIPESFront of Existing House


FACIA TO BALCONYFront First Floor Balcony of Existing House


ARCHITRAVESFront Windows and Doors of Existing House

COLORBONDSurfmist(lmage is an approximation of colour)

FACIA & GUTTERFront First Floor of Existing House

DULUX"Domino" PG1A8(lmage is an approximation of colour)

WROUGHT IRON BALUSTRADESFront Facade of Existing House

DULUX"Domino" PGlAB(lmage is an approximation of colour)

- 5 JUN Z0l5

NT)RTH SYDNEY COUNCIL

Drawing StatusDevelopment Application 4t06t2015

loate

¡ Drawing ScaleDrawn By

à

't002

Revision

A

Drawing

No.WDanny Broe ArchitectAddress: Stud¡o I, Level I 212 Foveaux St, Surry HillsPhonerFax: 92'113019

Mobile: 0407226667Email: denny@dannybroêarchitect.æm

Web: w.dannybroearch¡tecl com

Alterations and Additions to:51 Victoria St, McMahons PointI DP 801648

& Roslyn Delprado

Do nol sæle from this draw¡ngVeriry all dimensions on s¡tebefore commenc¡ng work

This drâwing ¡s protected by copyrightand may not be used for any purposew¡lhout the written approval of Danny Bræ

This drawing is for DApurposes only and is not tobe used for constructionpurposes

Drawing Name

External Finishes

D. Broe, F. Badrulhisham, A. Pamment A3


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.

State Environmental Planning Policy No. 1 - Objection to the

building height limit non-compliance of Clause 4.3 Height in

NSLEP 2013

This objection is made under the provisions of Clause 6 of State Environmental Planning Policy

No.1. The council is requested to consider this objection to the building height limit standard of

Clause 4.3 of the NSLEP 2013 in relation to alterations and additions at the rear of the existing

dwelling at 51 Victoria St, Mcmahons Point.

DEVELOPMENT STANDARD AND VARIATION SOUGHT:

WOULD STRICT COMPLIANCE HINDER ATTAINMENT OF THE OBJECTIVES OF SEPP1 or

THE OBJECTIVES SPECIFIED IN SECTION 5(a)(i) and (ii) of the EP & A Act?:

Strict compliance would hinder the attainment of the objectives of SEPP1 and the Act as the

proposal represents an appropriate addition at the rear of the existing dwelling house.

The existing building height at 51 Victoria St pre-dates the enforcement of the NSLEP 2013 and the

ridge heights of the proposed dormers at the front and rear of the property have been carefully

placed so that they bear relation to the neighbouring roof ridges and gutters in terms of their

heights and proportions. Neither of these dormers go beyond the ridge height of the existing roof,

and the proposal does not seek to increase the height of the existing building. The ridge of the front

gable dormer is set back 240mm from the existing ridge, while the rear skillion dormer is 580mm

lower than the existing ridge.

Strict compliance with the Clause 4.3 of the NSLEP 2013 would compromise an opportunity to

improve the function and amenity of house as proposed, which represents an orderly and economic

use and development of the existing house and the land.

Drastic change to the existing building height would also damage the heritage characteristics of not

only the property in question but also the other two terraces that, in its present form make up a

high-quality group of late Victorian Italianate style terrace.

ATTACHMENT TO IPP04 - 01/07/2015 Page 48

WOULD STRICT COMPLIANCE BE UNREASONABLE AND UNNESECCARY?:

Strict compliance with the standard would be unreasonable and unnecessary because the minor

departure from the height of buildings standard will not be discernible. Furthermore, the height of

the existing attic space is 3m below the ridge, and lowering the roof to comply with the 8.5m height

limit outlined by the NSLEP would force the ceiling height down to 1m thus making the existing

attic space unusable. Therefore compliance with Clause 4.3 would be detrimental to the existing

amenities of the house.

The underlying objectives of Clause 4.3 are :

(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.

In this instance, the objectives of Clause 5.10 Heritage Conservation of the LEP are also relevant,

which are as follows:

(a) to conserve the environmental heritage of North Sydney,

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

associated fabric, settings and views

In light of preserving existing heritage values of the property, maintaining the building height

retains the sharing of existing views without compromising privacy or solar access for the

neighbouring buildings. The preservation of this existing building height also ensures that the

proposed development remains modest and mindful of the scale, density and characteristics of the

other two terrace houses that form Kilmorey Terrace and the street characteristics of Victoria St.

As the proposal will also be acceptable in terms of maintaining the present amenity of adjoining

properties, and meeting the objectives of the standard Clause 4.3 of the NSLEP 2013 would be

unreasonable and unnecessary.

ATTACHMENT TO IPP04 - 01/07/2015 Page 49

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