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Item _____IPP04______ - REPORTS -______07/10/2015_________
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 07/10/2015
Attachments:
1. Site Plan
2. Clause 4.6 Variation
3. Architectural Drawings
4. Shadow Diagrams
ADDRESS/WARD: 126 Atchison Street, Crows Nest (W)
APPLICATION NO.: DA111/15
PROPOSAL: Alterations and Additions to Existing Dwelling
PLANS REF: Drawings numbered A01 –A06 and A08, dated 3.12.14 and A08
dated 21.11.14, drawn by Darren Campbell Architect, and
received by Council on 24September 2015
OWNER: Liam Royes & Beverly Royes
APPLICANT: Urbanesque Planning Pty Ltd
AUTHOR: Report of Aloma Moriarty, Assessment Officer
DATE OF REPORT: 24 September 2015
DATE LODGED: 17 April 2015
AMENDED: 24 September 2015
RECOMMENDATION Approval
Report of Aloma Moriarty, Assessment Officer Page 2
Re: DA111/15 – 126 Atchison Street, Crows Nest
EXECUTIVE SUMMARY
This development application seeks approval for alterations and additions to a dwelling including
a first floor rear addition. The application is reported to NSIPP for determination due to variation
to Council’s controls relating to building height and in response to submissions.
The proposed building height of 7.1m exceeds Clauses 4.3(2A) and 4.3(2B) of the North Sydney
Local Environmental Plan 2013, which specifies a maximum building height of 5.5m for a small
lot and as the site is within a Conservation Area. The applicant has submitted a Clause 4.6
request for variation to address the breach to the building height standard. Council’s
Conservation Planner has requested the addition be amended to lower the height of the addition
to sit below the main roof form. The proposed addition is however located below and behind the
main ridge of the dwelling and not being discernible from Atchison Street. It is also considered
that the proposal maintains the amenity and character of the neighbourhood and will not cause
material loss of views, loss of privacy or overshadowing to surrounding properties. The variation
to the building height is therefore supported in this instance.
Council’s notification of the proposal has attracted three submissions from one submitter
raising particular concerns about the structural adequacy of the building and its impacts on the
adjoining semi-detached dwelling.
The assessment has considered these concerns as well as the performance of the application
against Council’s planning requirements and appropriate conditions of consent have been
recommended.
Following this assessment the development application is considered to be reasonable in the
circumstances and is recommended for approval subject to conditions.
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Re: Page 3
Property/Applicant Submittors - Properties Notified
126 Atchison Street, Crows Nest - DA 111/15
Report of Aloma Moriarty, Assessment Officer Page 4
Re: 126 Atchison Street, Crows Nest
DESCRIPTION OF PROPOSAL
The proposal seeks alterations and additions to the existing dwelling house, including first floor
rear addition at 126 Atchison Street, Crows Nest (Lot 2 DP 860709). A review of submitted plans
provides the following breakdown of works:
Demolition
Partial demolition at rear of dwelling (to accommodate proposed extension).
Ground Floor
Internal reconfiguration to accommodate new laundry/bathroom, internal access stairs
within existing dwelling footprint, providing a bridging feature to new rear addition;
Rear addition/extension comprising open plan kitchen/living/dining area with rear patio.
First Floor
Contemporary first floor addition comprising bedroom, study, ensuite and internal access
stairs.
Landscaping
Revised rear landscaping to accommodate proposed extension, including concrete bin
landing at rear boundary.
An extract of submitted plans is provided below:
Figure 1: Extract of Submitted Site Plan
Report of Aloma Moriarty, Assessment Officer Page 5
Re: 126 Atchison Street, Crows Nest
Figure 2: Extract of Submitted Ground Floor Plan
Figure 3: Extract of Submitted First Floor Plan
Figure 4: Extract of Submitted Southern and Northern Elevations
Figure 5: Extract of Submitted Eastern Elevation.
Report of Aloma Moriarty, Assessment Officer Page 6
Re: 126 Atchison Street, Crows Nest
Figure 6: Extract of Submitted Western Elevation.
Figure 7: Extract of Submitted Section A and C.
STATUTORY CONTROLS
North Sydney Local Environmental Plan 2013
Zoning – R2 Low Density Residential
Item of Heritage – No
Contributory Item - Yes
In Vicinity of Item of Heritage - No
Conservation Area – Yes (CA07 Holtermann Estate A)
Environmental Planning & Assessment Act 1979
SEPP 55 - Contaminated Lands
Local Development
POLICY CONTROLS
North Sydney Development Control Plan 2013
DESCRIPTION OF LOCALITY
The site is identified as 126 Atchison Street, Crows Nest (Lot 2 DP 860709). The site is regular
in shape with a total area of 228.4sqm and currently accommodates a single storey semi-detached
dwelling, attached to one other dwelling on adjoining property 124 Atchison Street (Lot 1
DP860709). The dwelling has a primary frontage towards Atchison Street and secondary frontage
to Chandos Lane to the North (rear).
Report of Aloma Moriarty, Assessment Officer Page 7
Re: 126 Atchison Street, Crows Nest
Figure 8: Aerial View of Site. Source: Sixmaps.nsw.gov.au
The surrounding locality is characterized by a regular subdivision pattern, with a mixture of
attached and detached dwellings, including a proliferation of modern additions to the rear.
Development patterns within the locality are also characterized by a dwelling orientation towards
the street, with vehicular access (including garage, carport structures etc.) obtained via a rear
lane. Structures adjoining this rear lane (in this case Chandos Lane) vary in design, width and
setback across the streetscape.
The site is not identified as a heritage item, however is listed as a Contributory Item pursuant to
Appendix 1 of the North Sydney Development Control Plan 2013, and is located within the
Holtermann Estate A Conservation Area (CA07). The site does not contain any significant
vegetation, however benefits from coverage from a large tree located within the rear setback of
adjoining property 128 Atchison St to the east. Please refer to an extract of NSLEP2013 Zoning
and Heritage Maps below.
Figure 9: Extract of NSLEP2013 Zoning Map.
Figure 10: Extract of NSLEP2013 Heritage Map.
Report of Aloma Moriarty, Assessment Officer Page 8
Re: 126 Atchison Street, Crows Nest
RELEVANT HISTORY
Subject Site
DA18/09 was lodged on 27 January 2009 seeking alterations and additions to the existing
dwelling house including first floor rear addition. During assessment of this application
significant concern was raised by Council’s Conservation Planner, as well as through public
notification, regarding the unsympathetic built form of the application within the Holtermann
Estate Conservation Area, as well as matters relating to height, bulk, scale, design and amenity
concerns. This application was subsequently withdrawn from Council on 18 March 2009.
DA27/15 was lodged on 4 February 2015 seeking alterations and additions to the existing
dwelling house, including first floor rear addition. This application was rejected by Council on 16
February 2015 on grounds of lack of owners consent from adjoining property, 124 Atchison St,
Crows Nest. Such consent was subsequently obtained with all documentation carried over in
lodgement of the subject application DA115/15 on 17 April 2015.
Surrounding Sites
128 Atchison St, Crows Nest
DA399/09 DA399/09 was lodged on 10 November 2009 seeking alterations and additions to the
existing dwelling including first floor rear addition. This application was approved by
Council on 12 April 2010, subject to conditions.
Compliance
Action
Having regard to the above consent, following commencement of construction in
approximately February 2009, it was reported to Council that works has been
constructed outside of those approved under Development Consent 399/09, including
breach to approved building heights at the site. Further to a compliance investigation
by Fitzgerald Building Certifiers these reported breaches were substantiated, resulting
in issue of a Notice of Intention (NOI) to serve Order No. 15 and 19 to the property
owners.
DA399/09/2 In response to this NOI, a subsequent modification to Development Consent 399/09,
known as DA399/09/2 was lodged on 17 June 2011, seeking design revisions in an
attempt to legitimise the non-compliant building height. This modification application
was subsequently refused by Council on 25 July 2011 on grounds that:
“The proposed modifications are inconsistent with the controls in North
Sydney Development Control Plan Section 8.8 (Heritage Conservation).
The proposed modifications will form an uncharacteristic element in the
conservation area and will have a detrimental impact on the contributory
item and surrounding conservation area.
The modifications are inconsistent with other approvals in the area.
The proposal is not considered to be substantially the same development as
approved by Council.”
Report of Aloma Moriarty, Assessment Officer Page 9
Re: 126 Atchison Street, Crows Nest
DA399/09/3 Despite the above refusal, a further modification to Development Consent 399/09/2
was lodged on 23 November 2011, again seeking design revisions to approved
alterations and additions in an attempt to legitimise the non-compliant building height.
This matter was referred to Council at its meeting 13 August 2013, where resolution
was made to again refuse this modification application on grounds that:
“The proposed modifications are inconsistent with the controls in North
Sydney Development Control Plan Section 8.8 (Heritage Conservation).
The proposed modifications will form an uncharacteristic element in the
conservation area and will have a detrimental impact on the contributory
item and surrounding conservation area.
The modifications are inconsistent with other approvals in the area.
The ceiling height of the rear upper bedroom can be resolved by
reinstating the previous floor level and reinstating the previous ridge
height.”
DA399/09/4 A further modification to Development Consent 399/09, known as DA399/09/4 was
lodge don 18 November 2014 seeking:
“extension to the original roof and roof of the dormer windows are to be terracotta
roof tiles - Marseilles pattern unglazed; the roof material to the rear pavilion to be
colour bond metal sheet - colour to match existing; timber weatherboards with
traditional profile and paint finish on external dormer walls; amend height of the rear
pavilion to RL.87.27 from approved RL86.93. Western pitch to match pitch of original
roof. Eastern pitch to be lesser pitch”
This application was subsequently approved by Council under Delegated Authority on
8 December 2014, subject to conditions.
Subject Application
17 April 2015 – Subject Application Lodged with Council;
22 April 2015 – Application allocated to Assessing Officer;
24 April 2015 – Application referred to Council’s Engineering Department who
responded in support of the proposal, subject to imposition of conditions;
15 May 2015 – Application notified during the period 1 May 2015 to 15 May 2015
pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013.
During this period one submission was received, with concerns relating to documentation
inconsistency, structural integrity of dwelling foundations, asbestos, parking and other
matters. Please refer to a discussion of issues within this report.
19 May 2015 – Application referred to Council’s Conservation Planner, who responded
in in-principle support of the application, subject to lowering of the roof form as “such
that it does not project higher than the existing hip”.
Report of Aloma Moriarty, Assessment Officer Page 10
Re: 126 Atchison Street, Crows Nest
28 May 2015 –Following preliminary assessment by Council’s assessment officer, a
letter was sent to the applicant requesting the following matters be addressed:
o Heritage: Amended plans to provide a revised design to lower the overall height of
the proposed addition such that it does not project higher than the hip of the
existing roof.
o Clarification of the following:
a. foundation detail, treatment along common boundary, structural integrity of
common boundary wall, subject and adjoining properties;
b. clarification of scope of works and demolition along common boundary
wall;
c. clarification of attic/storage space conversion within existing roof form;
d. clarification on plan detail against existing site circumstances, in particular
steps and level change;
e. clarification on fencing detail;
f. Presence of Asbestos;
g. Presence of Lead;
h. Transmission of noise and vibration between properties;
i. Clarification on rear laneway presentation, including fencing, setback,
crossover and parking detail.
19 June 2015 – A response to Council’s letter was received from the applicant, however
no amended plans to address the heritage concerns were provided.
22 September 2015 – It was noted that the BASIX Certificate provided was not valid and
that some of the BASIX commitments were not indicated on the DA Plans. The applicant
was notified of this via email on 22 September 2015.
24 September 2015 – A valid BASIX Certificate and amended plans addressing the
issues raised in Council’s email dated 22 September 2015 were received.
REFERRALS
Building
The proposal would have to comply with the Building Code of Australia. A condition can be
imposed to ensure compliance.
Heritage
The application was referred to Council’s Conservation Planner, who responded in principle
support of the application, subject to lowering of the roof form as “such that it does not project
higher than the existing hip”. An extract of initial comments is provided below:
“As discussed, the proposal is generally supported on heritage grounds, with the exception of the part
of the roof that projects higher than the hip of the existing roof. It is recommended that the overall
height of the proposed addition be lowered such that it does not project higher than the existing hip.
This can be achieved by lowering of the addition in the ground, or by lowering the ceiling height of the
upper level, or a combination of both.”
Report of Aloma Moriarty, Assessment Officer Page 11
Re: 126 Atchison Street, Crows Nest
Planning Comment: The comments of the Conservation Planner are noted, however, in this
instance the proposed roof form is considered to be acceptable given that it is located over
15metres from the front facade of the dwelling, over 20metres from the front boundary to
Atchison Street and is designed to be separate to the main roof form, thereby not being
discernible from the street. The resultant development is of a similar scale and size to the
neighbouring dwellings that are single storey with a two storey rear extension.
The proposal is therefore considered acceptable in its current form.
Engineering/Stormwater Drainage
The application was referred to Council’s Development Engineer, who responded in support of
the application, subject to the imposition of conditions. Please refer to an extract of conditions
attached to this report.
Landscaping
The application was referred to Council’s Landscape Officer, who responded in support of the
application, subject to the imposition of conditions. Please refer to an extract of conditions
attached to this report.
SUBMISSIONS
The application was required to be notified during the period 1 May 2015 to 15 May 2015
pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this
period three submissions from one submittor was received, and are summarised below:
Matters Raised
Requested clarification of foundation detail and treatment along common boundary;
Structural Integrity of common boundary wall, subject and adjoining properties;
Requested clarification of scope of works and demolition along common boundary wall;
Requested clarification of attic/storage space conversion within existing roof form;
Requested clarification on plan detail against existing site circumstances, in particular steps and
level change;
Requested clarification on fencing detail;
Presence of Asbestos;
Presence of Lead;
Transmission of noise and vibration between properties;
Clarification on rear laneway presentation, including fencing, setback, crossover and parking
detail.
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.
Report of Aloma Moriarty, Assessment Officer Page 12
Re: 126 Atchison Street, Crows Nest
NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013
1. Permissibility
The subject site is zoned R2 – Low Density Residential pursuant to the North Sydney Local
Environmental Plan 2013 (NSLEP2013). Development for the purposes of a Dwelling House is
permissible within the zone, however requires development consent.
2. Zone Objectives
The objectives of the R2 – Low Density Residential Zone are as follows:
“To provide for the housing needs of the community within a low density residential
environment.
To enable other land uses that provide facilities or services to meet the day to day needs
of residents.
To encourage development of sites for low density housing, including dual occupancies,
if such development does not compromise the amenity of the surrounding area or the
natural or cultural heritage of the area.
To ensure that a high level of residential amenity is achieved and maintained.”
The proposed alterations and additions to the existing dwelling house have been assessed against
the relevant development standards and design controls and are considered to result in a
development which would be considered acceptable with regard to the objectives of the R2 –
Low Density Residential Zone.
3. LEP 2013 Compliance
The application has been assessed against the principal development standards controls in
NSLEP 2013 as indicated in the following compliance table. More detailed comments with
regard to non-compliances are provided later in this report.
STATUTORY CONTROL – North Sydney Local Environmental Plan 2013
Site Area – 228.4m² Existing Proposed Control Complies
Principal development standards
Minimum subdivision lot
size (Cl.4.1) 228.4m² No change 230m²
Yes (No
change)
Height of buildings (Cl.4.3)
(max)
Cl.4.3(2A) street
elevation in R2 zone
7.1m
7.1m (as existing)
6.1m (proposed rear
addition as seen on
true street elevation)
5.5m No
Cl.4.3(2B) lots <
230m2 7.5m
7.1m (as existing)
7.1m ( proposed rear
addition)
FSR (Cll.4.4 & 20) - - None specified N/A
Report of Aloma Moriarty, Assessment Officer Page 13
Re: 126 Atchison Street, Crows Nest
4. Height of building
The existing and proposed dwelling includes a maximum height of 7.1m above the existing
ground levels. This contravenes Clauses 4.3(2A) and 4.3(2B) of the North Sydney Local
Environmental Plan 2013, which specifies a maximum building height of 5.5m, given the site is
zoned R2 – Low Density Residential and is located on a small lot within the Conservation Area.
The applicant has submitted a written request seeking to vary the development standard, pursuant
to clause 4.6 of NSLEP 2013. The proposed variation has been assessed against the requirements
of clause 4.6 and the objectives of the control, as discussed below:
(a) To promote development that conforms to and reflects natural landforms, by
stepping development on sloping land to follow the natural gradient
The subject site has a fall of approximately 1.5m from the front (south) of the
property to the north (rear) of the property.
It is noted the proposal has been designed to conform to this existing landform
and natural gradient, by way of a stepped level rear addition at the lower level,
including in particular, provision of the rear addition FFL sunken into the site,
compared to existing site circumstances, being the existing rear addition placed on
brick piers. It is considered that the proposed works, being a stepped design
behind the existing ridge height are consistent with the varying topography and
constraints of the site.
Whilst the overall proposed roofline sits 250mm above the existing hipped edge
of the roof, this is considered to be acceptable as it is located over 15metres from
the front of the dwelling and 9 metres behind the roof ridge as seen in Figure 12
below, thereby reducing its visibility from the street.
Figure 11 – Proposed Atchison Street (Front) Elevation
Report of Aloma Moriarty, Assessment Officer Page 14
Re: 126 Atchison Street, Crows Nest
Figure 12 – Proposed East (Side) Elevation
(b) To promote the retention and, if appropriate, sharing of existing views. There
are no views of any significance identified that may be affected by the
development.
(c) To maintain solar access to existing dwellings, public reserves and streets, and
to promote solar access for future development. The proposal would not result
in a material reduction in solar access to adjoining properties and/or the public
domain. The application has been submitted with shadow diagrams demonstrating
compliance with minimum solar access provisions contained within Part B
Section 1.3.7 of the North Sydney Development Control Plan 2013.
(d) To maintain privacy for residents of existing dwellings and to promote privacy
for residents of new buildings. The development will not give rise to any adverse
visual or acoustic privacy impacts by virtue of any breach of the height control.
(e) To ensure compatibility between development, particularly at zone boundaries.
The proposal is compatible with the surrounding residential area and will not
result in any material amenity impacts on adjoining development, as discussed in
this report.
(f) To encourage an appropriate scale and density of development that is in
accordance with, and promotes the character of, an area. The proposal is
generally consistent with surrounding single storey dwellings with two storey rear
additions. Whilst it technically breaches the heritage control by being higher than
the existing hipped roof edge, it is considered to be an acceptable planning
outcome given that it sits below the exiting ridge of the dwelling and over
15metres away from the front facade of the dwelling and 20metres from the
Atchison Street boundary, minimising its visibility from the street. Further, given
that it is designed with a distinct separation from the main roof, the 250mm height
difference between the existing and proposed roofs will not be discernible. A
condition has been recommended that the proposed roof pitch must match the
pitch of the existing roof.
Report of Aloma Moriarty, Assessment Officer Page 15
Re: 126 Atchison Street, Crows Nest
On the balance of the above, it is considered that there are sufficient environmental planning
grounds to justify contravention of the development standard. The proposal satisfies the
objectives of the standard and is considered to maintain the amenity and character of the
neighbourhood. The breaches in building height will not cause material loss of views, loss of
privacy or overshadowing to surrounding properties. The objectives of the height control would
be achieved despite the variation and it is therefore considered that compliance with the
maximum building height control would be unreasonable and unnecessary in the circumstances.
5. Clause 1.9ASuspensions of Covenants, agreements and similar instruments
The site is not subject to any easements or restrictions pursuant to Deposited Plan 860709, and
the site is not subject to any 88B Instrument. An extract of Deposited Plan 860709 is provided
below:
Figure 13: Extract of Deposited Plan 860709.
6. Clause 5.10 - Heritage Conservation
The site is identified as a contributory item located within the Holtermann Estate A Conservation
Area - CA07 pursuant to the North Sydney Development Control Plan 2013.
The application has been referred to Council’s Conservation Planner, who responded in support
of the proposal, with the exception of the part of the roof that projects higher than the hip of the
existing roof and subject to imposition of conditions of consent.
However, given that the proposed roof form is located over 15metres from the front facade of the
dwelling and 20metres from the Atchison Street frontage, and is designed to be separate to the
main roof form, it is considered that the proposed roof form which sits 250mm higher than the
existing hipped edge will not be discernible from the street.
The proposal is therefore not anticipated to impact on any heritage items and is considered
consistent with Clause 5.10 of the North Sydney Local Environmental Plan 2013 and Section 13
of the North Sydney Development Control Plan 2013. Please refer to comments provided by
Council’s Conservation Planner provided within this report.
Report of Aloma Moriarty, Assessment Officer Page 16
Re: 126 Atchison Street, Crows Nest
7. Clause 6.10 - Earthworks
Clause 6.10 of NSLEP 2013 seeks to ensure that earthworks will not have any detrimental impact
on environmental functions and processes, neighbouring uses, cultural or heritage items or
features of the surrounding land.
The development will generally maintain existing ground levels and not involve any earthworks
that would likely disrupt drainage patterns or soil stability, or have any adverse impacts on the
amenity of adjoining properties.
SEPP 55 and Contaminated Land Management Issues
The provisions of SEPP 55 require Council to consider the likelihood that the site has previously
been contaminated and to address the methods necessary to remediate the site. Given the
residential history of the site, it is unlikely to be any issues of soil contamination that would
require remediation.
SREP (Sydney Harbour Catchment) 2005
The site falls within the Sydney Harbour Catchment Area and is subject to the provisions of the
Policy. Clause 25 of the SREP outlines matters to be taken into consideration in relation to the
maintenance, protection and enhancement of the scenic quality of foreshores and waterways.
The development is not visible from the Harbour, and will thus not have any detrimental impact
on the character or scenic quality of foreshores and waterways.
NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013
The proposal has been assessed with Section 3.0 and 3.4 being the Character Statement for the
Holtermann Estate A Conservation Area within the St Leonards/Crows Nest Planning Area,
and is considered to be generally consistent with these controls.
The application has been assessed against the Section B1 of the NSDCP 2013 relating to
residential developments as discussed in the DCP Compliance Table below.
North Sydney Development Control Plan 2013 Compliance Table
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
complies Comments
1.3 Environmental Criteria
Topography Yes The site contains a fall to the north (rear) of the property, with a maximum elevation
difference of approximately 1.5m from Atchison Street (primary frontage) to Chandos
Lane (rear laneway frontage) property boundaries. The proposed rear addition includes
provision for minor excavation, being a maximum of 500mm below existing site levels to
accommodate concrete slab footings, and is considered acceptable with regard to
topography provisions contained within Part1.3.1 of the NSDCP2013.
Views Yes The site and surrounding properties are not subject to any significant views or vistas. The
proposal will not cause any view loss for adjoining properties or from the public domain,
pursuant to Part B Section 1.3.6 of the NSDCP2013.
Report of Aloma Moriarty, Assessment Officer Page 17
Re: 126 Atchison Street, Crows Nest
Solar Access Yes The North Sydney Development Control Plan 2013 provides the following applicable
controls for solar access and sunlight provision to the subject and adjoining properties:
“P1 Developments should be designed and sited such that solar access at the winter
solstice (21st June) provides a minimum of 3 hours between the hours of 9.00am and
3.00pm to:
(a) Any solar panels;
(b) The windows of main internal living areas;
(c) Principal private open space areas; and
(d) Any communal open space areas.
Located on the subject property and any adjoining residential properties. Note: Main
internal living areas exclude bedrooms, studies, laundries, storage areas. P4 The use,
location and placement of photovoltaic solar panels should take into account the
potential permissible building forms on adjacent properties.”
The application has been submitted with shadow diagrams, demonstrating compliance
with minimum provision (b) through (d) above, to both the subject dwelling and
adjoining properties 124 and 128 Atchison Street, and therefore complies with Solar
Access provisions contained with Part 1.3.7 of the NSDCP2013. Please refer to
submitted shadow diagrams attached to this report.
Acoustic
Privacy
&
Vibration
Impacts
Yes Further to matters raised during the notification period, concern has been raised
regarding the provision of internal wooden stairs against the common boundary to
property numbered 126 Atchison Street, and the potential for acoustic and vibration
impacts between properties.
It is noted these stairs are to be wholly within the subject site, and will be adjacent to
both a partial existing masonry common wall and partial proposed masonry boundary
wall and are not considered to present any unreasonable acoustic privacy or vibration
impacts that could otherwise be reasonable expected in normal residential living, against
Part B Sections 1.3.8 (Acoustic Privacy) and 1.3.9 (Vibration) of the NSDCP2013.
Visual Privacy Yes The proposed addition includes provision of first floor highlight windows only to the
western elevation, and a ground floor highlight window to the eastern elevation. The
proposal is not considered to result in loss of privacy to surrounding dwellings pursuant
to Visual Privacy provisions contained within Part B Section 1.3.10 of the North Sydney
Development Control Plan 2013.
1.4 Quality built form
Context Yes The proposed development is considered to generally respond to the existing
opportunities, characteristics and constraints of the site.
The application was referred to Council’s Conservation Planner, who responded in
support of the proposal, with the exception of the part of the roof that projects higher
than the hip of the existing roof and subject to imposition of conditions of consent.
However, given that the proposed roof form is located over 15metres from the front
facade of the dwelling and is designed to be separate to the main roof form it is
considered that the proposed roof form which is 250mm higher than the existing hipped
edge will not be discernible from the street.
The proposal is therefore considered in context with surrounding development patterns
and Part B Section 1.4.1 of the NSDCP2013.
Streetscape Yes The proposal does not include any works within the front setback and does not seek any
alteration to existing kerb, guttering, street trees or Council infrastructure to either the
(primary) Atchison Street frontage or (rear) Chandos Lane frontage.
Report of Aloma Moriarty, Assessment Officer Page 18
Re: 126 Atchison Street, Crows Nest
The application has been referred to Council’s Development Engineers, who responded
in support of the application, subject to imposition of conditions, and is therefore
considered acceptable against Streetscape provisions contained within Part B Section
1.4.3 of the NSDCP2013.
Laneways Yes (via
condition)
The proposal does not include alteration to existing laneway treatment, however includes
provision for a new bin storage area, concrete landing and storage shed adjacent to
recently reconstructed rear fence line.
It is noted that the site does not currently hold, and the subject application does not seek
provision for any driveway crossover or vehicle access to Chandos Lane and is
considered acceptable with regard to Part B Section 1.1.4 of the NSDCP2013.
A condition is recommended that stipulates that no approval is given or implied for any
car parking on the subject site.
Siting Yes The proposal includes provision for a rear addition, consistent in scale to modern rear
additions on surrounding sites and will not materially alter siting or orientation of the
existing dwelling against Part B Section 1.4.5 of the NSDCP20913.
Setbacks Yes Front Setback
The application does not seek any alteration to existing front setback and building
alignment of 3.8m.
Eastern (Side) Setback
The proposed rear includes a setback of 940mm at ground floor level and 1460mm at
first floor level to the eastern (side) boundary. Whilst the ground floor setback complies
with the 900mm setback requirements the first floor does not comply with the 1500mm
side setback requirement. However, given that the proposal is considered to not present
any overshadowing, loss of light or privacy impacts to the adjoining property at 128
Atchison Street, this shortfall of 40mm in the first floor side setback is considered to be
minor and therefore acceptable.
Western (Side) Setback
The proposal seeks continuation of the existing masonry common wall along the western
(side) boundary (however to be wholly contained within the subject site) for the
proposed ground floor, thereby resulting in a 0mm side setback at ground floor level,
however this is considered satisfactory as it is in keeping with the semi-detached nature
of the dwelling.
The proposed first floor will maintain a setback of 1.215m on the western side. While
this does not strictly comply against table B1.5 of the NSDCP2013, it is not anticipated
to present any overshadowing, visual privacy or amenity impact to the adjoining property
at No. 124 Atchison Street, and given the relatively modest scale of the first floor
component is considered acceptable under the site circumstances.
Report of Aloma Moriarty, Assessment Officer Page 19
Re: 126 Atchison Street, Crows Nest
Figure 14: Rear (North) Elevation showing the proposed side setbacks along the
western( common) boundary
Rear Setback
The proposal includes a setback of 9.1m to the rear property boundary addressing
Chandos Lane. While this setback would protrude approximately 2.1m further than the
existing building line of properties numbered 124 and 126 Atchison Street, being the
subject site and adjoining properties (attached pair), this proposed setback is however
consistent with surrounding development patterns. Recent approvals and rear additions
on surrounding sites include:
Property Address Rear Setback
120 Atchison Street Approximately 7.6m (Source: Nearmap.com.au)
122 Atchison Street Approximately 11.4m (Source: Nearmap.com.au)
124 Atchison Street 11.4m (Scaled from submitted drawings
126 Atchison Street
11.4m (Existing, scaled from submitted
drawings);
9.1m (Proposed, scaled from submitted
drawings).
128 Atchison Street 10.1m (Approved DA399/09)
130 Atchison Street 10.3m (Approximate, approved DA494/01.
Source: Nearmap.com.au)
Report of Aloma Moriarty, Assessment Officer Page 20
Re: 126 Atchison Street, Crows Nest
An extract of the above properties is provided below:
Figure 15: Aerial image of properties 112 through 130 Atchison Street, Crows
Nest. Source: Sixmaps.nsw.gov.au.
Having regard to the above, the application is considered acceptable with regard to
setback provisions contained within Part B Section 1.4.6 of the NSDCP2013.
Form Massing
Scale
Yes The proposed development includes the addition of a two storey extension at the rear of
the existing dwelling. The proposed additions are located behind and below the existing
ridge line thereby maintaining its single storey presentation to the street in keeping with
the character of the conservation area.
However, a part of the roof that projects 250mm higher than the hip of the existing roof.
In this instance it is considered to be acceptable given that the proposed roof
form is located over 15metres from the front facade of the dwelling and is designed to be
separate to the main roof form thereby not being discernible from the street. The
resultant development is of a similar scale and size to the neighbouring dwellings that are
single storey with a two storey rear extension.
The proposal is therefore considered acceptable against form, massing and scale
provisions contained within Part 1.4.7 and Built Form Character provisions contained
within Part 1.4.8 of the NSDCP2013.
Built Form
Character
Yes
Dwelling Entry Yes No change to existing
Roofs Yes The proposal is designed to have a combination of a flat roof and a skillion roof that
matches the pitch of the existing roof. A part of the roof is also proposed to be
approximately 250mm higher than the hip of the existing roof.
These roof forms are assessed to be acceptable given they are located over 20metres
from the street and behind and below the existing ridge line. Furthermore, the proposed
roof form has been designed to be separate from the main roof form thus making the
height difference less evident from the street.
A condition of consent has been recommended to ensure that the proposed skillion roof
matches the pitch of the existing roof.
Materials Yes The proposed colours and materials as indicated on the colours and materials schedule
are considered to be generally complementary to the restored portion of the heritage
dwelling as well the contemporary addition to the rear.
Front Fences Yes No change to existing
1.5 Quality Urban Environment
Vehicle Access
and Parking
Yes No change to existing
Site Coverage Yes A review of submitted plans indicates the proposal would result in the following Site
Coverage, Landscaped and Un-Built Areas when reviewed against Tables B-1.6 and B-
1.7 of the NSDCP2013:
Landscape
Area
Yes
Report of Aloma Moriarty, Assessment Officer Page 21
Re: 126 Atchison Street, Crows Nest
Control Existing Proposed Requirement Complies
Site Coverage 106.87m2 (46.79%) 120.56m2 (52.78%)
60% (Maximum) Yes
Landscaped Area 73.26m2 (32.07%)
72.18m2 (31.6%)
20% (Minimum) Yes
Un-Built Area 48.27m2 (21.14%) 35.66m2 (15.62%)
20% (Maximum) Yes
Note: Site Area 228.4m2
The proposal will result in 52.78% of site coverage, 31.6% of landscaped area and
15.26% of un-built area which is compliant with the requirements as set out in
Section 1.5.5 and 1.5.6 of the NSDCP 2013.
Excavation Yes The proposed rear addition includes provision for minor excavation, being a maximum
of 500mm below existing site levels to accommodate concrete slab footings, and is
considered acceptable with regard to exaction provisions contained within Part1.5.7 of
the NSDCP2013.
Landscaping Yes The proposed landscaping is considered adequate and appropriate to the site.
Front gardens Yes The subject site will maintain its front garden as existing.
Private and
Communal
Open Space
Yes The proposed development provides a combination of hard and soft landscaped areas
amounting to 40m2 of private open space at the rear of the dwelling which is compliant
with the requirements set out in Section 1.5.10. This is considered to be a reasonable
level of outdoor amenity for the use of the residents.
1.6 Efficient Use of Resources
Energy
efficiency
Yes A BASIX Certificate has been submitted.
Passive solar
design
Yes The proposal has been designed to maximize solar access and light through the provision
of a north facing open plan living area.
Thermal mass
and insulation
Yes BASIX commitments include wall and roof insulation.
Natural
ventilation
Yes Natural ventilation will be provided to living areas, bedrooms and bathrooms.
Mechanical ventilation is only proposed to the laundry which is considered
acceptable given its location.
Colours &
materials
Yes Light colours and durable materials will be used.
Hotwater
systems
Yes The installation of a gas instantaneous hot water system is a BASIX commitment.
Water
conservation
Yes Bathroom fixtures will be required in accordance with the BASIX Certificate.
Stormwater
management
Yes The development will not alter the topography of the site and will retain a similar amount
of soft landscaping as currently existing on site. Appropriate conditions of consent for
erosion and sediment control and stormwater drainage have been recommended by
Council’s Development Engineer.
Waste
management &
minimisation
Yes Durable construction materials have been specified.
ALL LIKELY IMPACTS OF THE DEVELOPMENT
All likely impacts of the proposed development have been considered within the context of this
report.
Report of Aloma Moriarty, Assessment Officer Page 22
Re: 126 Atchison Street, Crows Nest
ENVIRONMENTAL APPRAISAL CONSIDERED
1. Statutory Controls Yes
2. Policy Controls Yes
3. Design in relation to existing building and Yes
natural environment
4. Landscaping/Open Space Provision Yes
5. Traffic generation and Carparking provision Yes
6. Loading and Servicing facilities NA
7. Physical relationship to and impact upon adjoining Yes
development (Views, privacy, overshadowing, etc.)
8. Site Management Issues Yes
9. All relevant S79C considerations of Yes
Environmental Planning and Assessment (Amendment) Act 1979
SUBMITTERS CONCERNS
The issues raised in the submissions are addressed below.
Issue: Clarification of foundation detail and treatment along common boundary, Structural
Integrity of common boundary wall, subject and adjoining properties and clarification of scope of
works and demolition along common boundary wall
Planning Comment: The proposed works including any demolition are wholly within the
subject site. However it is noted that the proposed works may have an impact on the common
party wall. Conditions requiring a structural engineer’s certification for structural adequacy are
recommended to ensure that the structural stability and integrity of the common party is retained.
An additional condition requiring a Dilapidation report to be prepared documenting the existing
condition of the adjoining semi-detached dwelling is also recommended.
Issue: Requested clarification of attic/storage space conversion within existing roof form and its
impacts on fire safety between the two semi-detached dwellings
Planning Comment: The subject DA does not include any attic storage space or conversion of
the existing roof form into an attic and Council is not aware of any attic conversion at the subject
property. Should there be any concern with regards to unauthorised works, this should be directed
to Council’s compliance department for investigation.
A condition of consent is recommended that the building comply with the Building Code of
Australia ( BCA) which includes compliance with the fire safety measures listed within the BCA.
Report of Aloma Moriarty, Assessment Officer Page 23
Re: 126 Atchison Street, Crows Nest
Issue: Requested clarification on plan detail against existing site circumstances, in particular
steps and level change and fencing detail.
Planning Comment: The proposed rear addition and rear landscaped area is proposed to be
finished within 500mm of the existing ground levels as shown on the Site Survey Plan. This
results in the ground floor level of the proposed rear addition to be a 1100mm below the existing
ground floor level of the dwelling.
The levels of the subject site and adjoining property at 124 Atchison Street have been taken into
consideration and it is considered that the proposed development will not give rise to any privacy,
overshadowing, or loss of amenity and is therefore considered to be acceptable.
No change is proposed to the existing side boundary fence which is to be retained.
Issue: Presence of Asbestos and Lead
Planning Comment: Standard conditions of consent have been recommended for a Asbestos
survey to be carried out prior to issue of a Construction Certificate.
Issue: Transmission of noise and vibration between properties, in particular the proposed wooden
stairs
Planning Comment: It is noted the proposed timber stairs are to be wholly within the subject
site, and will be adjacent to both a partial existing masonry common wall and partial proposed
masonry boundary wall and are not considered to present any unreasonable acoustic privacy or
vibration impacts that could otherwise be reasonable expected in normal residential living,
against Part B Sections 1.3.8 (Acoustic Privacy) and 1.3.9 (Vibration) of the NSDCP2013.
Issue: Clarification on rear laneway presentation, including fencing, setback, crossover and
parking detail.
Planning Comment: The proposal does not include alteration to existing laneway treatment,
however includes provision for a new bin storage area, concrete landing and storage shed
adjacent to recently reconstructed rear fence line.
It is noted that the site does not currently hold, and the subject application does not seek
provision for any driveway crossover or vehicle access to Chandos Lane and is considered
acceptable with regard to Part B Section 1.1.4 of the NSDCP2013.
A condition is recommended that stipulates that no approval is given or implied for any car
parking on the subject site.
CONCLUSION
The development application has been assessed against the North Sydney Local Environmental
Plan 2013 and the North Sydney Development Control Plan 2013.
The variation to the building height control is justifiable in the circumstances of the case as the
development will improve residential amenity, have no material adverse impacts on adjoining
properties, and will not adversely impact on the streetscape or conservation area.
The issues raised by the submittors have been addressed in the report.
Report of Aloma Moriarty, Assessment Officer Page 24
Re: 126 Atchison Street, Crows Nest
Having regard to the provisions of section 79C of the Environmental Planning & Assessment Act
1979, the application is considered to be satisfactory and therefore can be approved.
RECOMMENDATION
PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT
ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, 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 of North Sydney Local
Environmental Plan 2013, with regard to the exception to the development standard for height,
and grant consent to Development Application No. 111/15 for alterations and additions to a
dwelling subject to the attached standard conditions and following site specific conditions:-
Roof Pitch
C1. The roof pitch of the proposed sloped roof must match the pitch of the existing dwelling.
The Certifying Authority must ensure that the building plans and specifications submitted
by the Applicant, referenced and accompanying the issued Construction Certificate, fully
satisfy the above.
(Reason: To ensure that the proposed roof is in keeping with the character of the
Conservation Area)
Stormwater Management and Disposal Design Plan – Construct. Issue
C2. Prior to issue of the Construction Certificate, the applicant shall have a site drainage
management plan prepared by a qualified drainage design engineer. The site drainage
management plan must detail the following requirements of North Sydney Council:
a) Compliance with BCA drainage requirements, Councils Engineering
Performance guide and current Australian Standards and guidelines, such as
AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.
b) Stormwater runoff and subsoil drainage generated by the approved dwellings
must be conveyed in a controlled manner by gravity to the existing Council’s
kerb outlet in Chandos Lane.
c) Any replacement pipe (if necessary) within the footpath area shall be hot dipped
galvanized steel rectangular hollow section with a minimum wall thickness of
4.0 millimeters and a section height of 100 millimeters.
Details demonstrating compliance are to be submitted with the Construction Certificate.
The Certifying Authority issuing the Construction Certificate must ensure that the
approved drainage plan and specifications, satisfying the requirements of this condition,
is referenced on and accompanies the Construction Certificate.
(Reason: To ensure controlled stormwater management and disposal without
nuisance)
Report of Aloma Moriarty, Assessment Officer Page 25
Re: 126 Atchison Street, Crows Nest
Service Adjustments
E1. Where required, the adjustment or inclusion of any new utility service facilities must be
carried out by the person acting on the consent and in accordance with the requirements
of the relevant utility authority. These works shall be at no cost to Council. It is the
Applicants full responsibility to make contact with the relevant utility authorities to
ascertain the impacts of the proposal upon utility services at the appropriate stage of the
development (including water, phone, gas and the like). Council accepts no responsibility
whatsoever for any matter arising from its approval of this application involving any
influence upon utility services provided by another authority.
(Reason: To ensure the service requirements are met)
Car Parking
I1. No consent is given or implied for the use of the rear yard as a car parking space.
(Reason: To clarify the terms of the consent)
Aloma Moriarty David Hoy
ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS
Stephen Beattie
MANAGER DEVELOPMENT SERVICES
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NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL
126 ATCHISON STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 111/15
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
A01 A Site Analysis Plan Darren Campbell Architect 24.9.15 A02 A Ground Floor Darren Campbell Architect 24.9.15 A03 A Upper Floor Plan Darren Campbell Architect 24.9.15 A04 A Elevations Darren Campbell Architect 24.9.15 A05 A Elevations& Sections Darren Campbell Architect 24.9.15 A06 A Section Darren Campbell Architect 24.9.15 A08 A BASIX Commitments Darren Campbell Architect 24.9.15
(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.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information and to ensure ongoing compliance)
No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that
documented on the approved plans.
(Reason: To ensure compliance with the approved development)
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C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Roof Pitch
C1. The roof pitch of the proposed sloped roof must match the pitch of the existing
dwelling.
The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above. (Reason: To ensure that the proposed roof is in keeping with the character of the
Conservation Area) Stormwater Management and Disposal Design Plan – Construct. Issue C2. Prior to issue of the Construction Certificate, the applicant shall have a site drainage
management plan prepared by a qualified drainage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council: a) Compliance with BCA drainage requirements, Councils Engineering
Performance guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.
b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity to the existing Council’s kerb outlet in Chandos Lane.
c) Any replacement pipe (if necessary) within the footpath area shall be hot dipped galvanized steel rectangular hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.
Details demonstrating compliance are to be submitted with the Construction Certificate. The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate.
(Reason: To ensure controlled stormwater management and disposal without
nuisance)
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Dilapidation Report Damage to Public Infrastructure
C3. A dilapidation survey and report (including photographic record) must be prepared by
a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.
The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the
commencement of construction) Dilapidation Survey Private Property (Neighbouring Buildings) C4. A photographic survey and dilapidation report of adjoining properties No’s. 124 and
128 Atchison Street, 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.
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Note: This documentation is for record keeping purposes only, and may be used by an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.
(Reason: Proper management of records)
Structural Adequacy (Semi Detached and Terrace Buildings) C5. A report from an appropriately qualified and practising structural engineer, certifying
the structural adequacy of the adjoining property No. 114 Atchison Street, 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 C6. 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 C7. 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.
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A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:
a) All details of drainage to protect and drain the site during the construction
processes; b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion
control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during
construction.
All works must be undertaken in accordance with the approved Sediment Control plan. 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 C8. 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 (Conservation Areas) C9. The finishes, materials and exterior colours shall be complementary to the
architectural style of the original building and sympathetic to the character of the Conservation Area. A schedule of finishes, materials and external colours shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.
(Reason: To ensure that the completed colours, finishes and materials are
complementary to the Conservation Area.) Skylight(s) C10. Skylight flashing(s) and frame(s) to be coloured to match the roof material.
Skylight(s) to sit no higher than 100mm above roof plane when in a closed position. Plans and specifications which comply with this condition must be submitted to the 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.
(Reason: To minimise the visual impact of the skylight(s) on the roof plane)
Roofing Materials - Reflectivity C11. 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) Stormwater Disposal C12. Stormwater runoff generated by the approved development must be conveyed by
gravity to the existing site stormwater drainage disposal system. A licensed tradesman shall install plumbing components to achieve this requirement in accordance with the BCA and current plumbing standards and guidelines. 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.
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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 appropriate provision for disposal and stormwater
management arising from the development)
Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C13. Prior to the issue of any Construction Certificate, security deposit or bank guarantee
must be provided to Council to the sum of $2,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a
consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,
footway construction, stormwater drainage and environmental controls) required in connection with this consent
c) remedying any defects in any such public work that arise within 6 months after
the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).
The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of
the security immediately; • the applicant has not repaired or commenced repairing damage within 48 hours
of the issue by Council in writing of instructions to undertake such repairs or works;
• works in the public road associated with the development are to an unacceptable quality; and
• the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.
(Reason: To ensure appropriate security for works on public land and an
appropriate quality for new public infrastructure)
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Asbestos Material Survey C14. A report must be prepared by a suitably qualified person in relation to the existing
building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following: a) the removal of asbestos must be undertaken by a WorkCover licensed
contractor; b) all removal must be in strict accordance with the requirements of the
WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.
c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and
d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.
The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the long term health of workers on site and occupants of the
building is not put at risk unnecessarily) Security Deposit/ Guarantee Schedule C15. All fees and security deposits/ guarantees in accordance with the schedule below must
be provided to Council prior to the issue of any Construction Certificate:
Security deposit/ guarantee Amount ($) Footpath Damage Bond 2,000.00 TOTAL BONDS $2,000.00
(Reason: Compliance with the development consent)
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BASIX Certificate C16. 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. A206449 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) Sydney Water Approvals D1. Prior to the commencement of any works, the approved plans must be submitted to a
Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works. Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)
Asbestos Material Survey
D2. Prior to the commencement of any works, a report must be prepared by a suitably
qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:
a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;
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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
D3. 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 Service Adjustments E1. Where required, the adjustment or inclusion of any new utility service facilities must
be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority. (Reason: To ensure the service requirements are met)
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Cigarette Butt Receptacle E2. 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) Re-use of Sandstone E3. Sandstone blocks (if any) removed from the site are to be either stored for re-use on
site or offered to Council in the first instance.
Note: The provisions of the Heritage Act may also apply to altering any sandstone elements on any site)
(Reason: To allow for preservation of cultural resources within the North Sydney
Council area) Parking Restrictions
E4. Existing public parking provisions in the vicinity of the site must be maintained at all
times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not
compromised during works) Road Reserve Safety E5. 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.
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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 E6. 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 E7. Should any portion of the existing building, trees, or curtilage of the site which is
indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith. No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.
(Reason: To ensure compliance with the terms of this development consent)
Dust Emission and Air Quality E8. 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.
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(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 E9. The works must be undertaken in accordance with the “Interim Construction Noise
Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.
(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E10. The developer must bear the cost of all works associated with the development that
occurs on Council’s property, including the restoration of damaged areas.
(Reason: To ensure the proper management of public land and funds) No Removal of Trees on Public Property E11. No trees on public property (footpaths, roads, reserves, etc.) unless specifically
approved by this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works.
(Reason: Protection of existing environmental infrastructure and community
assets) Special Permits E12. 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: -
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1) On-street mobile plant
Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.
(Reason: Proper management of public land)
2) Hoardings
Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.
(Reason: Proper management of public land)
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.
(Reason: Proper management of public land)
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.
(Reason: Proper management of public land)
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Noxious Plants E13. All lantana, privet, rubber trees, asthma weed, and other declared noxious plants on
the site, must be eradicated before the commencement of landscape works.
(Reason: To ensure that plants identified as weed species are not allowed to proliferate or interfere with a quality landscaping outcome)
Construction Hours E14. Building construction and works must be restricted to within the hours of 7.00 am to
5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.
Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the
erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.
b) “Demolition works” means any physical activity to tear down or break up a
structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.
c) “Excavation work” means the use of any excavation machinery and the use of
jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.
All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.
(Reason: To ensure that works do not interfere with reasonable amenity
expectations of residents and the community)
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Out of Hours Work Permits E15. 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.
5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.
(Reason: To ensure that works do not interfere with reasonable amenity
expectations of residents and the community) Installation and Maintenance of Sediment Control
E16. Erosion and sediment controls must be installed and maintained at all times in accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate.
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Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites) Sediment and Erosion Control Signage E17. A durable sign must be erected during building works in a prominent location on site,
warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites) Site Amenities and Facilities E18. 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 E19. 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)
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Prohibition on Use of Pavements E20. 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)
Plant & Equipment Kept Within Site E21. 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 E22. 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 E23. 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)
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F. Prescribed Conditions imposed under EP&A Act and Regulations and other relevant Legislation
Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and
exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:
a) in the case of work for which a principal contractor is required to be
appointed:
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.
(Reason: Prescribed - Statutory)
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Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent
must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or excavation)
Construction Certificate F4. Building work, demolition or excavation in accordance with the development consent
must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or excavation)
Occupation Certificate F5. A person must not commence occupation or use of the whole or any part of a new
building (new building
includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.
(Reason: Statutory) Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical
stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.
(Reason: Statutory)
Commencement of Works F7. Building work, demolition or excavation in accordance with this development consent
must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence the erection of the building.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or excavation)
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Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a
building must be executed safely and in accordance with appropriate professional standards.
2) All excavations associated with the erection or demolition of a building must
be properly guarded and protected to prevent them from being dangerous to life or property.
3) Demolition work must be undertaken in accordance with the provisions of
AS2601- Demolition of Structures.
(Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage)
Site Sign F9. 1) A sign must be erected in a prominent position on the site
a) stating that unauthorised entry to the work site is prohibited;
b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and
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.
(Reason: Prescribed - Statutory) 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;
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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) Utility Services G3. All utility services shall be adjusted, to the correct levels and/or location/s required by
this consent, prior to issue of an occupation certificate. This shall be at no cost to Council.
(Reason: To ensure compliance with the terms of this consent)
Asbestos Clearance Certificate G4. For building works where asbestos based products have been removed or altered, an
asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work prior to the issue of any Occupation Certificate, the asbestos clearance certificate must certify the following: -
a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.
The certificate must also be accompanied by tipping receipts, which detail that all asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the certificate must identify the type, location, use, condition and amount of such material. Note: Further details of licensed asbestos waste disposal facilities can be obtained
from www.epa.nsw.gov.au (Reason: To ensure that building works involving asbestos based products are
safe for occupation and will pose no health risks to occupants)
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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; 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) I. On-Going / Operational Conditions Car Parking I1. No consent is given or implied for the use of the rear yard as a car parking space.
(Reason: To clarify the terms of the consent)
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Single Occupancy I2. Nothing in this consent authorises the use of the premises other than for a single
occupancy.
(Reason: To ensure compliance with the terms of this consent)
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ATTACHMENT TO IPP04 - 07/10/2015 Page 50
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.
