Development Control Unit No. 027 · Julie Woodley Administration Officer APOLOGIES No apologies were received. DECLARATIONS OF INTEREST There were no declarations of interest. CONFIRMATION

Development Control Unit

No. 027 12 June 2019 at 10:30 am

Hunter 's H i l l Counc i l

ORDER OF BUSINESS

Attendance, Apologies,

Declarations of Interests

1 Confirmation of Minutes

2 Development Applications

Item Page 3

HUNTER'S HILL COUNCIL DEVELOPMENT CONTROL UNIT

12 June 2019

INDEX

1 – CONFIRMATION OF MINUTES

1 Confirmation of Minutes of Development Control Unit 26 held 29 May 2019

2 - DEVELOPMENT APPLICATIONS

2.1 10:30 am - 30 Viret Street, Hunters Hill 1

3 - PRELIMINARY APPLICATIONS

CONFIRMATION OF MINUTES 12 June 2019

Minutes of the Development Control Unit Meeting held on 29 May 2019. This is page 1

COMMENCEMENT

The meeting commenced at approximately 10:30 am within Council’s Chambers.

LIST OF ATTENDEES

Steve Kourepis Group Manager, Development & Regulatory Control (Chairman)

Kerry Smith Senior Development Officer

Shahram Zadgan Development Assessment Officer

Julie Woodley Administration Officer

APOLOGIES

No apologies were received.

DECLARATIONS OF INTEREST

There were no declarations of interest.

CONFIRMATION OF MINUTES

RECOMMENDATION

That the Minutes of previous Development Control Unit Meeting held on 1 May 2019.

DEVELOPMENT APPLICATIONS

2.1 10.30AM - 10 JOUBERT STREET, HUNTERS HILL.

PROCEEDINGS IN BRIEF

PROPOSAL

Partial demolition and alterations to existing dwelling including new attached welling at rear of site, including strata subdivision.

ATTENDEES Marc Armstrong Architect Louise Oxnevad Architect Blair Disher Applicant Mario Pellegrino Submission Mark Parker Submission DEFERRED TO SITE INSPECTION Following detailed discussions on the issues raised at the Development Control Unit meeting the application was deferred for an on-site inspection which was scheduled 2:00 pm on Wednesday 5 June 2019.

RESOLVED on the motion of Mr Kourepis, seconded Mr Zadgan



A. That a “Deferred Commencement” consent be granted to pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979. The development consent as contained in Schedule 2 shall not operate (or be issued) until such time as the matters contacted in Schedule 1 are finalised to the satisfaction of Council.

Schedule No. 1 1. An amended Arboricultural Impact Assessment is requested that

addresses the impact of the works on the neighbouring tree located within 8A Joubert Street, Hunters Hill. The Arboricultural Impact Assessment should address construction of the retaining wall, steps and grade changes. Amendments to the design for this area of the site may be required based on the advice of the Project Arborist (AQF Level 5). A Tree Protection Plan should outline tree protection measures for the tree.

The Arboricultural Impact Assessment, Tree Protection, and amended Architectural Plans and amended Landscape Plans if required, shall be submitted to Council for review as a requirement of the Deferred Commencement.

2. That the proposed balustrade to the balconies on the first floor level

along the western elevation of the rear dwelling are to be provided with obscured glazing. Amended plans are to be submitted to the satisfaction of Council.

3. An amended landscape plan is to be submitted indicating a variety of

species for screen planting to the rear boundary of the subject site. Species with a pot size of 100lts to be planted along this boundary. Amended plans to be submitted to the satisfaction of Council.

4. That the balcony to the first floor of the rear dwelling (No.2) is to be

reduced in width to be no more 1100mm in width. Amended plans to be submitted to the satisfaction of Council.

5. That the planter box around the perimeter of the courtyard area above

the garage of the front dwelling (No.1), to be deleted and replaced with a simple palisade type balustrading. Amended plans to be submitted to the satisfaction of Council.

6. That the first floor level overhanging eaves over the courtyard of

dwelling (No.1) is to be reduced in width and to be no more than 500mm. Amended plans to be submitted to the satisfaction of Council.

Schedule No. 2 That Development Application No.2018/1106 for the partial demolition and alterations and additions to existing dwelling including new attached dwelling at rear of the site, including strata subdivision, at No.10 Joubert Street, Hunters Hill, be approved, subject to the following conditions: Special Conditions



(GEN)

1. Traffic conditions/Civil Works Conditions

1. The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

2. The applicant shall note that all external work carried out on

Council property shall be in accordance with Council’s Guidelines and specifications for “Driveways and Footpaths”.

3. The maximum gradient of domestic driveways shall be 1 in 4

(25%). The maximum allowable change in grade at any point along a driveway or ramp shall be: a. 12.5% (1 in 8) for summit grade changes; or

b. 15% (1 in 6.7) for sag grade changes.

4. The driveway must be a minimum of 3.0 metres wide and located at least 0.7 metres clear of the side property.

5. Common shared driveway shall include reciprocal right-of-way

for both allotments 6. Vehicular access shall comply with the relevant provisions of

AS/NZS 2890.1:2004.

The applicant is required to provide the following details prior to the issue of development consent. a) Demonstrate that vehicles can leave the property in a

forward direction. b) Longitudinal section along the extreme wheel paths of

each driveway/access ramp demonstrating compliance.

1. c) Superimposition of vehicle turning circles for access

into garages.

Stormwater Prior to the issue of the Construction Certificate, the following issues are to be addressed:

Stormwater Management Plan for excavation and construction phase to be submitted. To include settling pond, filtration and pumpout for de-watering of site and method of preventing concentrated flows from causing nuisance flooding and silt on downstream properties.



Stormwater infrastructure in the approved plan which is to be located below ground and outside the building envelope to be constructed, and a work-as executed plan provided to Council for approval. On the completion of the roof, down pipes and lines being connected to the system, and all made operational, in accordance with approved stormwater plans.

These details to be submitted to Principal Certifying Authority for approval and a copy made available to Council for this Development Application

2. PCW Tree Protection

Tree No/

Location Species TPZ (m)

Tree 1 Araucaria columnaris (Cook Island Pine) 5.8

Tree 2 Ficus rubiginosa (Port Jackson Fig) 7.3

Tree 3 Archontophoenix cunninghamiana

(Bangalow Palm) 2

Tree 4 Archontophoenix cunninghamiana

(Bangalow Palm) 2

a. The trees listed above in (a) shall be retained and protected in

accordance with Arboricultural Impact Assessment (prepared by Russell Kingdom, dwg no 1 - 2, dated 13.02.2019, date stamped 15.02.2019)

b. The following works are excluded from within the TPZ, unless

otherwise stated.

Grade alterations

Soil cultivation, disturbance or compaction

Stockpiling, storage, disposal or mixing of materials

Refuelling of machinery or vehicles

Washing of machinery or vehicles

Pedestrian access or vehicular access

Siting of offices, sheds or temporary services

Any action that has the potential to impact the tree’s health and structural condition

Standard Conditions

GEN0 GEN1 GEN3 GEN5 GEN6 GEN7 GEN20 GEN21 PCC0 PCC1 ($3715) PCC2 ($3072) PCC3 ($2600) PCC4 ($2816) PCC5 ($10,615) PCC11 PCC12 PCC13 PCC20 PCC21 PCC40 PCW0 PCW1 PCW2 PCW3 PCW4 PCW5 PCW6 PCW14 CSI0 CSI1 CSI2 CSI3 DEM0 DEM1 DEM3 DEM4 DEM5 DEM6 DEM7 DEM8 DEM9 DEM10 DEM11 DEM15 CON0 CON1 CON2 CON3 CON4 CON5 CON7 CON8 CON9 CON10 CON12 CON13 CON14 CON16 CON17 CON18 CON19 CON20 CON21 CON23 CON27 CON28 CON51 CON52 CON53 CON54 CON55 CON57 CON58 CON59 CON61 POC0 POC1 POC2 POC3 POC4 POC7 POC13 POC14 POC25 POC75



GEN 3

Drawing Number Drawn By Plan Dated Council Dated

Site Plan, A001 ARC undated 25.10.18

Subdivision Plan, A002 ARC undated 25.10.18

Ground Level (East Wing), 003 ARC undated 25.10.18

Level (East Wing), A004 ARC undated 25.10.18

Entry Level (West Wing), A005, Rev A

ARC 07.11.18 08.11.18

Living Level (West Wing), A006 ARC undated 25.10.18

Lower Level (West Wing), A007 ARC undated 25.10.18

Ground Level (West Wing), A101 ARC Undated 25.10.18

Level 1 (East Wing), A102 ARC undated 25.10.18

Entry Level (West Wing), A103, Rev A

ARC 07.11.18 08.11.18

Living Room (West Wing), A104 ARC undated 25.10.18

Lower Level (west Wing), A105 ARC undated 25.10.18

Elevations, A110 ARC undated 25.10.18

Elevations, A111 ARC undated 25.10.18

Section, A201, Rev A ARC 07.11.18 08.11.18

Section A202, Rev A ARC 07.11.18 08.11.18

East Wing – Sections, A2013 ARC undated 25.10.18

Section, A204 ARC undated 25.10.18

West Wing –Sections, A205 ARC undated 25.10.18

Landscape Plan, 1 of 2, Rev A Coco & Co 19.01.19 22.01.19

Plant Schedule and Specs, 2 of 2, Rev A

Coco & Co 19.01.19 22.01.19

Schedule of Finishes ARC undated 25.10.18

The meeting closed at 11:20 am.

DEVELOPMENT APPLICATIONS 12 June 2019

Item 2.1 Page 1

ITEM NO : 2.1

SUBJECT : 10:30 AM - 30 VIRET STREET, HUNTERS HILL

STRATEGIC OUTCOME : MAINTAIN THE CHARACTER AND AMENITY OF HUNTERS HILL

ACTION : ALL BUILDING WORK COMPLIES WITH COUNCIL REGULATIONS

REPORTING OFFICER : KERRY SMITH

DEVELOPMENT APPLICATION NO

2018/1123

PROPOSAL CONSTRUCTION OF CABANA AND SAUNA

APPLICANT LRY ARCHITECTS

OWNER MRS.K.GLEASON

DATE LODGED 30 NOVEMBER 2018

Ref:415656

INTRODUCTION Reasons for Report The proposal resulted in one (1) submission being received in response to the neighbour notification process. REPORT 1. SUMMARY Issues

Tree removal

Common boundary fence replacement

Setbacks Submissions One (1) submission was received. Recommendation The application is recommended for approval for reasons that it is acceptable having regard to: 1. It is permissible under the zoning


Item 2.1 Page 2

2. It complies with the relevant planning objectives contained in Hunters Hill Local Environmental Plan 2012 and Consolidated Development Control Plan 2013

3. It will not have adverse effects on the amenity of adjoining properties.

2. DESCRIPTION OF PROPOSAL It is proposed to construct a free-standing, single storey cabana 8.371m long x 3.89m wide with a pitched roof at the south western corner of the site for outdoor living and entertainment including a kitchenette with bi-fold doors on the north and eastern elevations. Attached to the eastern side of the cabana will be a single storey structure 6.205m long x 1.71m wide with a flat roof for use as a sauna and bathroom. This building work will involve some excavation from the south western corner of the land. Accompanying the application were a Statement of Environmental Effects, a Statement of Heritage Impact and a Basix Certificate. 3. DESCRIPTION OF SITE AND LOCALITY The site is legally described as Lot 2 DP 208509 No 30 Viret Street, Hunters Hill and is located on the northern side of the street. The site is irregular in shape and has an area of 1392.8 square metres and has a north south axis with a battle axe handle for the vehicular and pedestrian access from Viret Street. The existing development on the site is a two storey sandstone dwelling that is identified in the Hunters Hill local Environmental Plan 2012 as being heritage listed ie:“ Enderslea Circa 1901”. The existing dwelling has five (5) bedrooms, three (3) bathrooms and lower ground floor car parking on the site and has a number of established trees within landscape areas. The property has northerly views across adjoining properties towards the Lane Cove River. The adjoining properties are residential dwellings of varying style and design that are situated in landscape settings. The adjoining properties to the west, north and north east all have frontages to the Lane Cove River. The properties adjoining the southern boundary face Viret Street. 4. PROPERTY HISTORY Development consent was issued on 27 May 2015 (DA2014-1211) for alterations and additions to an existing residential dwelling and it will include the following:

Lower ground floor garage expansion New ground floor level over the garage area that will include: bed 1, new laundry, additional kitchen area, dining/living room, a new entry, passage way to the main dwelling area and stairway to the attic area above. The additional kitchen would allow the building to be viewed as being a dual occupancy therefore a condition is recommended to be applied that requires the additional kitchen area to be modified to a be a bar area and not to be used as separate kitchen.


Item 2.1 Page 3

New attic area that will include store room, bathroom, staircase, bed room 6 and walk-in ‘robe area.

A s.96 application was approved for modifications on 28 October 2016 for the construction of a single-storey, ground floor extension to the existing garage with a roller door on the western side and a barn style door on the northern side. The extension will have a slab roof incorporating the existing storeroom’s slab roof, with a timber balustrade matching the existing. A Preliminary Consultation meeting was held on 19 September 2018 at which this proposal was assessed. 5. STATUTORY CONTROLS Relevant Statutory Instruments Environmental Planning and Assessment Act, 1979 Local Environmental Plan 2012 Zone: Low Density Residential R2 Conservation Area: Yes River Front Area: Yes SREP (Sydney Harbour Catchment 2005): Yes Consolidated Development Control Plan 2013: Yes Listed Heritage item: Yes Contributory Building: No Vicinity of Heritage Item: Yes 6. POLICY CONTROLS Consolidated Development Control Plan 2013 7. REFERRALS 7.1 External Approval Bodies Not applicable. 7.2 Health & Building The application was referred to Council’s Environmental Health and Building Surveyor who advised by memo that there are no building or Swimming Pools Act objections to this application. . 7.3 Heritage As stated within the body of the report, the property is a heritage item and/or is in a conservation area under Hunters Hill Local Environmental Plan 2012. The proposal was referred to Council’s Heritage Advisor who provided the following comments:

Heritage Status: Heritage Item 342 (“Enderslea”), within Hunters Hill Conservation Area C1 (‘The Peninsula”); nearest heritage items are 3,5,45 Viret Street and 82 Alexandra Street.

Proposal: Cabana

Statement of Heritage Impact: by GBA Heritage


Item 2.1 Page 4

Comments: the proposed cabana is sited such that it will have no impact on the significance and setting of “Enderslea” and the proposed external materials, finishes and colours are appropriate. Recommendation: Approval

The application was forwarded to the Conservation Advisory Panel meeting of 20 February 2019. The minutes for this item are as follows:-

The meeting was addressed by the owner, Kim Gleeson, and architect Howard Young of lry Architects.

The property is heritage item 342 (“Enderslea”, is within Hunters Hill Conservation Area C1 (“The Peninsular”) and within the vicinity of heritage items including 3.5.12 and 34 Viret Street. It is proposed to erect a “Cabana” and spa in the south-western corner of the site. In considering the proposal, the Panel made the following observations: ▪ The proposed structure is site such that it is in an inconspicuous area of the

site and should not have an adverse impact on the significance and setting of “Enderslea”.

▪ Appropriate traditional materials and forms are employed in the design.

COMMITTEE ADVICE

The Conservation Advisory Panel advises the Group Manager Development and Regulatory Control that the proposal in its current form is generally supported by the panel.

7.4 Works & Services The application was referred to Council’s Design and Development Engineer. 7.5 Parks & Landscape The application was referred to Council’s Tree Consultants who advised by memo that there are no landscaping objections to this development subject to compliance with standard conditions. 8. ENVIRONMENTAL ASSESSMENT UNDER S.4.15 The relevant matters for consideration under section 4.15 of the Environmental Planning and Assessment Act 1979 are assessed under the following headings. 9. STATE INSTRUMENTS / LEGISLATION 9.1 State Environmental Planning Policies (SEPPs) Not applicable.


Item 2.1 Page 5

9.2 Regional Environmental Plans (REPs) – Deemed SEPPs Sydney Harbour Catchment 2005 Aims of plan (1) This plan has the following aims with respect to the Sydney Harbour Catchment:

(a) to ensure that the catchment, foreshores, waterways and islands of Sydney

Harbour are recognised, protected, enhanced and maintained:

(i) as an outstanding natural asset, and (ii) as a public asset of national and heritage significance, for existing

and future generations,

(b) to ensure a healthy, sustainable environment on land and water, (c) to achieve a high quality and ecologically sustainable urban environment, (d) to ensure a prosperous working harbour and an effective transport corridor, (e) to encourage a culturally rich and vibrant place for people, (f) to ensure accessibility to and along Sydney Harbour and its foreshores, (g) to ensure the protection, maintenance and rehabilitation of watercourses,

wetlands, riparian lands, remnant vegetation and ecological connectivity, (h) to provide a consolidated, simplified and updated legislative framework for

future planning. (2) For the purpose of enabling these aims to be achieved in relation to the Foreshores

and Waterways Area, this plan adopts the following principles:

(a) Sydney Harbour is to be recognised as a public resource, owned by the public, to be protected for the public good,

(b) the public good has precedence over the private good whenever and

whatever change is proposed for Sydney Harbour or its foreshores, (c) protection of the natural assets of Sydney Harbour has precedence over all

other interests. (c) protection of the natural assets of Sydney Harbour has precedence over all other interests. Furthermore, Part 3 Division 2 of SREP (Sydney Harbour Catchment) 2005 lists matters for consideration by Council when determining an application. It further states that Council shall not grant consent to an application unless it is satisfied that the proposal is consistent with the relevant objectives of the SREP. The following matters for consideration are relevant to this application: 25 Foreshore and waterways scenic quality


Item 2.1 Page 6

The matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways are as follows: (a) the scale, form, design and siting of any building should be based on an

analysis of:

(i) the land on which it is to be erected, and

(ii) the adjoining land, and

(iii) the likely future character of the locality,

(b) development should maintain, protect and enhance the unique visual qualities of Sydney Harbour and its islands, foreshores and tributaries,

(c) the cumulative impact of water-based development should not detract from

the character of the waterways and adjoining foreshores.

The proposed development would not be readily discernable from the nearby River due to the distance between the works and the nearby river. The new building works would not have a detrimental effect on the skyline as seen from the River and would not have a significant impact in relation to visual presentation of the built form to the River. Accordingly, the development would not detrimentally affect the visual amenity of the foreshore. It is considered that the proposal would satisfy the above aims of the policy. The matters for consideration, in particular those of specific relevance pertaining to the appearance of the development from the waterway and foreshore are considered to have been satisfactorily addressed by the proposal. 9.3 Other Legislation Not Applicable. 10. HUNTERS HILL LOCAL ENVIRONMENTAL PLAN 2012 10.1 Aims and Objectives of Hunters Hill Local Environmental Plan 2012 and Zone The proposal is permissible with consent under Zone Low Density Residential R2 and complies with the relevant statutory controls of Hunters Hill Local Environmental Plan 2012. 10.2 Statutory Compliance Table The following table illustrates whether or not the proposed development complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.2012.

Compliance with Current Statutory Controls Proposed Control Compliance

HEIGHT 4.1 metres 8.5 metres Yes

STOREYS 1 storey 2 storeys Yes

LANDSCAPED AREA 53.7% 50% Yes

10.3 Site Area Requirements The proposal complies with these requirements.


Item 2.1 Page 7

10.4 Residential flat buildings and low-rise multi-unit housing-density and garden area controls

Not Applicable. 10.5 Height of Buildings The height of the proposal, being 4.1 metres and one storey in height is acceptable as it would comply with the maximum of 8.5 metres/no more than two storeys height limit as prescribed by Clause 4.3 of the Hunters Hill Local Environmental Plan 2012. 10.6 Landscaped Area The proposed revised garden area of 53.7% would be above the 50% minimum permissible garden area as prescribed by the Hunters Hill Local Environmental Plan 2012. 10.7 Subdivision Lot Size Not Applicable 10.8 Floor Space Ratio Not Applicable 10.9 Street Frontage Not Applicable 10.10 Dual Occupancy Not Applicable 10.11 Foreshore Building Lines Not Applicable. 10.12 River Front Area The subject site is also located with the River front Area and, as such, assessment is required in accordance with Clause 6.7 of Hunters Hill Local Environmental Plan 2012. Clause 6.7 states: 6.7 (3) Development consent must not be granted for development on land to

which this clause applies unless the consent authority is satisfied that :

(a) Measures will be taken, including in relation to the location, design and appearance of the development and conservation of existing trees, to minimize the visual impact of the development to and from the nearest waterway, and

(b) Any historic, scientific, cultural, social, archaeological,

architectural, natural or aesthetic significance of the land on which the development is to be carried out, and of surrounding land, will be maintained, and

(c) Existing views towards waterways from public roads and reserves

would not be obstructed.


Item 2.1 Page 8

As the proposed modifications will be of a minor effect when compared to the development approval, this will have no detrimental effect in relation to the views to or from the waterway. 10.13 Other Special Clauses / Development Standards Not Applicable. 11. DRAFT AMENDMENTS TO STATUTORY CONTROLS No relevant draft amendments pertaining to this application. 12. DEVELOPMENT CONTROL PLANS (DCPs) 12.1 Compliance Table Consolidated Development Control Plan 2013 (DCP)

CONTROL REQUIRED/ PERMISSIBLE PROPOSED COMPLIANCE

HEIGHT Ridge External walls

8.5 metres 7.2 metres

4.1 metres 2.29 metres

Yes Yes

Storeys 2 1 storey Yes

Landscaped Area 50% minimum 53.7% Yes

BOUNDARY SETBACKS Cabana East (Front) West (Rear) North (Side) South (Side)

Predom. Building line 6 metres 1.5 metres 1.5 metres

52.0 metres 900mm-1.69m 21.0 metres 2.0m-3.8m

Yes No Yes Yes

Planning Policy – All Development The proposal complies with the relevant objectives, design parameters and preferred design elements under Parts 2 and 3 of Consolidated Development Control Plan 2013. Heritage Conservation Areas The proposal complies with the relevant objectives under Part 2 of Consolidated Development Control Plan 2013. Both the Heritage Adviser and the Conservation Advisory Panel have recommended favourably for this application from a heritage perspective. River Front Area Refer to section 10.12 of this report ‘River Front Area’. Height Complies for the new structure.


Item 2.1 Page 9

Front, Side & Rear Setbacks Although this new structure does not give compliance to the provisions of clause 3.3.3 of DCP 2013 that relate to the siting of a dwelling house from a rear boundary, Council has permitted on most occasions a cabana or the like to encroach on the 6m rear boundary setback. The clause 3.3.3 does however permit a zero rear setback provided the external walls are not in excess of 2.4 metres in height and such rear wall does not extend more than 33% of the rear boundary. In this case, the proposed cabana will be sited from 900mm to 1.69 metres from the rear boundary and will comply with the side boundary setback of the DCP 2013 and the external wall height will be 2.29 metres. Under these circumstances, there are no objections to the placement of the new building relative to the site’s boundaries and approval will not create an undesirable precedent for Council. Landscaped Area Complies. Solar Access Complies. Privacy There will be no loss of privacy as a result of this development Views There will be no loss of shared water views as a result of this development. Car Parking Complies. Garages & Carports Not Applicable Fences No change proposed. 12.2 Other DCPs, Codes and Policies

Hunter’s Hill Council S7.12 Developer Contributions Plan 2014.

13. THE LIKELY IMPACTS OF THE DEVELOPMENT The proposal is considered not to unreasonably impact upon the amenity of the adjoining properties or the Viret Street streetscape or the riverscape. The proposed development complies with the height and landscaped area standards of LEP 2012. It also gives compliance to the controls as set out under DCP 2013 with the exception of the side setback provisions of clause 3.3.3 where, as stated above, is considered to be reasonable in the circumstances as the average exceeds the 1.5 metre minimum setback.


Item 2.1 Page 10

The maximum external wall height at 2.7 metres complies with the 7.2 metre maximum control under DCP 2013. The subject premises were viewed from the rear, open entertainment area of the adjoining residents to the rear (south). The concerns expressed were that the form pitched roof of the main part of the cabana was excessive and would spoil their views from their outdoor recreation area. Refusal on this basis or a requirement to change the pitched roof to a flat roof the same as the eastern section of the cabana would be difficult to justify and was not recommended by Council’s Heritage Adviser. There will be no shared water view loss for the adjoining neighbours as a result of this proposal. There would be no undue impact upon the natural and built environment within the vicinity of the subject site as a result of the proposed works. It is therefore considered, that the finished building works will be of a form, height and character that will complement its setting in this locality. Furthermore, there would be no undue social and economic impacts to the locality as a result of the proposed development and subject to compliance with the conditions of consent.

On balance, it is considered that the development which involves free standing additions and alterations to the existing premises will have minimal amenity impacts on the residents of the adjoining and nearby properties. It is therefore considered reasonable for approval in this instance subject to standard type conditions. 14. SUBMISSIONS The proposed development was notified in accordance with Council’s Consolidated Development Control Plan 2013 for a period of fourteen (14) days commencing on the 10 December 2018. Within the specified time period one (1) submission was received. A copy of the submission is attached to the report. The applicant has responded to the submission from the adjoining owner and a copy of this response is attached.

NOTIFICATION REQUIRED YES

NUMBER NOTIFIED 8

SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSIONS

Mrs. Gail O’Brien 26 Viret Street HUNTERS HILL

While the structure may ultimately be acceptable, this can only be determined with a surveyed profile of 26 Viret Street and/or positioning poles that show the ridge of the proposed structure

On Council’s regulation the proposed structure is required to be at least 1.5 metres off the boundaries. It appears that the structure is right up against the western line

There is a paling fence of 1.8 metres indicated on the plans. This will block the views from my property. The wire fence that is currently there should remain the status quo with regard to height. Also wire fencing is preferable to allow for vegetation

Finally I note on Council’s plans there is mention of


Item 2.1 Page 11

removal of a tree and to refer to the arborist’s report. However, no arborist’s report was attached, and there is no mention of removal of this tree on these drawings. The tree currently screens 75-80% of the large house and roof areas of 30 Viret Street. If this tree is removed, 0% will be screened would appreciate the opportunity to acquire my own arborist report in relation to the tree and am open to resolving this via arborists’ negotiation

The main issues of concern outlining the objections are discussed below:

While the structure may ultimately be acceptable, this can only be determined with a surveyed profile of 26 Viret Street and/or positioning poles that show the ridge of the proposed structure

Comment: Based on the site inspection, it was deemed that there was no requirement for height poles to be erected as no direct water views would be lost as a result of this development.

On Council’s regulation the proposed structure is required to be at least 1.5 metres off the boundaries. It appears that the structure is right up against the western line

Comment: The proposed structure will be set varying from 900mm to 1.8 metres from the western boundary. This non-conformity with the 1.5 metre minimum side setback is provided for in clause 3.3.3 of DCP 2013 under ‘exceptions to setback provisions’. It is considered that this setback is reasonable under the circumstances.

There is a paling fence of 1.8 metres indicated on the plans. This will block the views from my property. The wire fence that is currently there should remain the status quo with regard to height. Also wire fencing is preferable to allow for vegetation

Comment: The construction of a dividing fence is a private matter between adjoining owners. The applicant has since responded to Council stating that his client is happy to retain the existing wire fence as requested by the adjoining owner,

Finally I note on Council’s plans there is mention of removal of a tree and to refer to the arborist’s report. However, no arborist’s report was attached, and there is no mention of removal of this tree on these drawings. The tree currently screens 75-80% of the large house and roof areas of 30 Viret Street. If this tree is removed, 0% will be screened would appreciate the opportunity to acquire my own arborist report in relation to the tree and am open to resolving this via arborists’ negotiation

Comment: As clarified by the applicant, there is no proposal to remove any tree or trees from the western end of the subject site hence there is no Arborist’s report available for inspection by the public. This matter of tree protection is addressed in the recommendation as standard conditions of approval as recommended by Council’s tree consultants. CONCLUSION The proposal is considered not to unreasonably impact upon the amenity of the adjoining residents or the Viret Street streetscape or the local riverscape.


Item 2.1 Page 12

The proposed development is considered suitable from a heritage point of view resulting in support from Council’s Heritage Adviser and the Conservation Advisory Panel. The applicant has adequately taken into account the provisions of the Regional Environmental Plan (Sydney Harbour Catchment) 2005 and its attendant Development Control Plan in relation to any glass that may be visible from the River. There would be no undue impact upon the natural and built environment within the vicinity of the subject site as a result of the proposed works. It is therefore considered, that the finished building works will be of a form, height and character that will complement its setting in this locality. Furthermore, there would be no undue social and economic impacts to the locality as a result of the proposed development and subject to compliance with the conditions of consent.

On balance, it is considered that the development which involves additions and alterations to the existing dwelling house, as presently being altered, will have minimal amenity impacts on the residents of the adjoining and nearby properties. It is therefore considered reasonable for approval in this instance.

FINANCIAL IMPACT ASSESSMENT There is no direct financial impact on Council’s adopted budget as a result of this report. ENVIRONMENTAL IMPACT ASSESSMENT There is no direct environmental impact on Council arising from Council consideration of this matter. SOCIAL IMPACT ASSESSMENT There is no direct social impact on Council arising from Council consideration of this matter. RISK ASSESSMENT There are no direct or indirect risks impacting on Council arising from consideration of this matter. HUNTERS HILL 2028 This matter relates to ensuring that heritage and conservation of the area is respected, preserved and enhanced including the preservation of the character, views to and from the Municipality, and the preservation of the tree canopy.

RECOMMENDATION

The Development Control Unit Committee resolved: That Development Application No.2018/1123 for the construction of a cabana and sauna for the existing dwelling house at No.30 Viret Street, Hunters Hill be approved, subject to the following conditions: GEN3

Drawing Number Drawn By Plan Dated Council Dated

Site Analysis Plan Dwg. SA01 Rev.B

LRY Architects 5 Jun 2018 30 Nov 2018


Item 2.1 Page 13

Proposed Cabana Site & Roof Plan Dwg. DA01 Rev.C

12 Nov 2018 30 Nov 2018

Proposed Cabana Ground Plan Dwg. DA02 Rev.C

12 Nov 2018 30 Nov 2018

Roof Plan Proposed Dwg. DA03 Rev.C

12 Nov 2018 30 Nov 2018

Section A-A Dwg. DA04 Rev.C

12 Nov 2018 30 Nov 2018

Section / Elevation B-B Dwg. DA05 R4ev.C

12 Nov 2018 30 Nov 2018

Section C-C Dwg. DA06 Rev.C

12 Nov 2018 30 Nov 2018

Materials and Sample Board Unnumbered

15 Nov 2018 30 Nov 2018

Standard Conditions

GEN0 GEN1 GEN3 GEN5 GEN6 GEN20 PCC0 PCC1($490.20) PCC2($1,400.00) PCC3 ($1,500.00) PCC4($717.00) PCC5 ($700.00) PCC11 PCC12 (A333931 dated 13 November 2018) PCC13 PCC15 PCC PCC20 PCC21 PCC32 PCC54 PCW0 PCW1 PCW2 PCW4 DEM11 DEM20 DEM22 DEM23 DEM24 DEM25 CSI0 CSI3 CSI7 CON0 CON1 CON2 CON4 CON11 CON13 CON14 CON18 CON49 CON55 CON58 POC0 POC1 POC2 POC3 (A333931 dated 13 November 2018) POC4 POC23 POC24.

ATTACHMENTS

1. Map 2. Plans 3. Submission 4. Submissions from Applicant


Item 2.1 Attachment 1 Page 14





















Documents

Development Control Unit No. 027 · Julie Woodley Administration Officer APOLOGIES No apologies were received. DECLARATIONS OF INTEREST There were no declarations of interest. CONFIRMATION