Item - REPORTS · Report of Geoff Mossemenear, Executive Planner Page 2 Re: 562a - 564 Miller Street Cammeray EXECUTIVE SUMMARY This development application seeks Council‟s approval

Item IPP____IPP06______ - REPORTS -_______06/07/2016________

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 06/07/2016

Attachments:

1. Site Plan

2. Proposed plans

3. Legal Advice - Existing Use

4. Shadow diagrams

ADDRESS/WARD: 562A - 564 Miller Street Cammeray (T)

APPLICATION No: DA 19/16

PROPOSAL: Demolition of existing buildings and erection of a six storey

residential flat building containing 16 dwellings with basement

parking for 18 cars.

PLANS REF:

Plan No. Issue Title Drawn by Received

DA100 E Site plan Julie Cracknell & Peter Lonergan 16 May 2016

DA101 E Level 1 Julie Cracknell & Peter Lonergan 16 May 2016 DA102 E Level 2 Julie Cracknell & Peter Lonergan 16 May 2016 DA103 E Level 3 Julie Cracknell & Peter Lonergan 16 May 2016 DA104 E Level 4 Julie Cracknell & Peter Lonergan 16 May 2016 DA105 E Level 5 Julie Cracknell & Peter Lonergan 16 May 2016 DA106 E Level 6 Julie Cracknell & Peter Lonergan 16 May 2016 DA107 E Roof Julie Cracknell & Peter Lonergan 16 May 2016 DA201 E Cross sections Julie Cracknell & Peter Lonergan 16 May 2016 DA301 E East elevation Julie Cracknell & Peter Lonergan 16 May 2016 DA302 E West elevation Julie Cracknell & Peter Lonergan 16 May 2016 DA303 E North & south elevations Julie Cracknell & Peter Lonergan 16 May 2016 LPDA 16-

320/1

F Landscape Plan Conzept Landscape Architects 16 May 2016

LPDA 16-

320/1

B Landscape Plan Detail Conzept Landscape Architects 16 May 2016

OWNER: F Kwong Sing & Co Investments Pty Ltd; C Wagstaff

APPLICANT: Modog Pty Ltd

AUTHOR: Geoff Mossemenear, Executive Planner

DATE OF REPORT: 17 June 2016

DATE LODGED: 2 February 2016

AMENDED: 20 April 2016, 16 May 2016, 10 June 2016, 17 June 2016

RECOMMENDATION Approval

Report of Geoff Mossemenear, Executive Planner Page 2

Re: 562a - 564 Miller Street Cammeray

EXECUTIVE SUMMARY

This development application seeks Council‟s approval for demolition of the existing residential

flat buildings and the erection of a six storey residential flat building containing 16 apartments

with basement parking for 18 cars. The two existing buildings enjoy existing use rights and

No.562a is classified as affordable housing. The application is referred to NSIPP due to the

public interest and breach of height control.

Council‟s notification of the original proposal attracted 24 submissions (including 16 pro forma

letters from adjoining property) raising particular concerns about existing use rights, height,

impact on bushland, density, site cover, parking, traffic and impact from excavation. Following

an initial assessment of the original proposal and referral to Council‟s Design Excellence Panel

(DEP), the applicant was advised that the proposal could not be supported. The applicant

responded with amended plans on 20 April 2016. The DEP provided further comment on the

amended plans recommending minor improvements.

The applicant modified the plans on 16 May 2016. Council‟s notification of the amended

proposal attracted 25 submissions (including 16 pro forma letters from adjoining property)

raising particular concerns about existing use rights, height, impact on bushland, density, site

cover, parking, traffic and impact from excavation. The assessment has considered these

concerns as well as the performance of the application against Council‟s planning requirements.

This application seeks to rely on existing use rights as the proposed residential flat building is

prohibited in the zone. This issue is explored in detail later in this document.

Following this assessment the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.

LOCATION MAP

VALE

AVENUE

ST

RE

ET

AB

BO

TT

FOUR FIGS PARK LA

NE

STREET

CAMBRIDGE STREETM

ILLE

R ST

REET

GAR

DENS

PINE

STREET

ST

RE

ET

BELLEVUE STREETRESERVE

SUSPENSIONBRIDGE

RESERVE

THE

NO

RTH

AVE

NU

ER

OAD

RES

ERVE

NO

RT

H

A

VE

NU

E

COLI

N S

TREE

TR

OAD

RE

SERV

E

ST

RE

ET

STREET

4345

40

30

4446

48

20

23

11

7

52

2 27

31

31

43

16

31

83

20

32

232

43

26

328

28

7

29

5

29

73

01

303

26

8

14

3

16

32

34-3

6

38-4

04

24

44

64

8

50

50A

52

52A

54

56

33

(3

5)

37

37A

39

41

43

45

49

12

15

11 13

8-10

18

6

1-11

4

524

526

548

550

552

55

455

6

56

05

62

22A

562A

564

564A

566

68

491

1012

570

1

24

1A

3

1

8

64

26

1

2

7

14

3

2

14

1

52

28

13

9

503

5

4

137

64

135

9

133

131

129

12

7A

580

127

7

36

40

125

42

6

22

11

30

42A

46

88

86

50

501

84A

54

7A

84

82

58

76

12

3

62

80

20

499

66

18

15

68

(1A)

16

70

121

72

497

74

31

8

33

1B

35

35

A7

8

(32)

37

39

41

45

47

49

14

17

9

495

51

24

53

55

57

59

11

9

61

63

10

65

67

69

24A

26

28

30

32

11

71

79

19

81

83

85

87

11A

89

12

21

51A

15

14

17

23

19

16

21

25

21A

18

4

23

27

32D

20

6

25

29

8

65

4

SP

75

563

C 3

SP

5268

0

45

23

3066

31

D 4523SP 11614

SP 70266

Pt 9

Pt 8

10

748772

Pt 1

0

SP 13685

59907012

38

9250

SP 894473346

1

SP

22

307

209525

1

97

696

0923

520

A

2

77

B

395084

A

Pt

11

DR

AIN

AG

E

R

ES

ER

VE

B

1

742

17

2

BA443720 A

43206743

C

SP 15481

B

3

444768 SP 21898X

608340

8484

82

15

12

SP 31480

531642

SP 4169

3

5

2

4331

Y

6

848482

1

114

1

862495

2SP 4297

SP 20544

SP 45687

1031

2

SP 52968

2

107420

1

175284

452

3

SP 66132

53

7510

SP 10607

SP 1550

328542

1

737288

197069

5

11

2

12

1

SP 7682SP 14319

B

918457

1 377801

120904

1

SP

12

225

Sec 5

1157

61

24

077

630862

SP

44

51

7

758790

2

104

96

13

9173441

9

174370 10

24

07

Sec 5Sec 35

1234061

2

1

11

740153

571310

2

Y

2

4 12

X

31

955

3

Sec 5316706

2407

A

1 1

571310 13

3

B

282

11 14

432

732

A

316130

1 15

1

1

Sec 5

972246

966614

A 5

1 16

101720

974207 252

1837836

946992

84744

3

23

10455

47

2

847444

4

246

37

258

266

114

8089

10

2

27

829968

852991282

29

612

227

SP 88989

12

7351

91

847444

SP 7364414

SP

574

SP

43713

8474445

344

820

13

A

C

SP

9525

A

11908

3445

81

2

2

344581

SP 8

56

951908

10

1

SP

1959

9

314907

SP 32961

316049 3

739006

2

1185408 202

735191

201

3

16

11

90

8

1

1

935237

104

B3

31

368

2

A

Garage L

ease

(Valua

tion on

ly)

2

B2

1

1

A

1883

45

3298

09

BC

D 9531

87

SP

1127

35

708

71

1

B

6577

90

17

469

3

316367

9

30

747

0

C

17

469

3

SP

1279

8S

ec 5

1301154

2

1

A

7 ASec 4 4069022

407 B

8 2

524106

1

210802

21 39

412624

B

2407

Sec 4A 38

32

Sec 424071

1 2

501637

31

1

1014458

2

A

1

1

440704

B

389

278

A

29

CSec 424071

4

342

81813564

2793052

1

27

42407

310

708

240

7

26

Sec 4

1251858338 868601

21

24

24

07

313089

B

M A

10

24336

24336

243

36

SP

82

019

SP

821

98

51

2

4

21DC172171

B102

101A

2183

66

105

82

7

6

598

09

8

934

16

9

5747

62

33

369

2

SP 71781

12

30

711

8

90

06

44

30

88

82

71

140

2

2

709

594

12 1 2 A B

214080

2 1

24 2407

121

Sec 4

712758

24336

A

YX 440612

6096

16

961

624

SP

51

750

1

134

752

2 543459

SP

356

0

21

2407106636

Sec 4A

AB

419031

D

B

33

36

92

N

1

106340 SP 71676

Re: Page 3

Property/Applicant Submittors - Properties Notified

562a - 564 Miller Street, Cammeray - DA 19/16



DESCRIPTION OF PROPOSAL

The proposed development comprises the demolition of the existing residential flat building at

No.562a Miller Street and the duplex at No.564 Miller Street and the construction of a new

residential flat building over 6 levels accommodating sixteen apartments. Off-street car parking is

proposed for eighteen (18) vehicles over three basement levels, accessed by a carlift.

The mix of apartments comprises 1 x 1 bedroom apartments, 6 x 2 bedroom apartments and 9 x 3

bedroom apartments.

The schedule of external materials and finishes includes face brickwork, painted render,

aluminium framed windows and doors, metal balustrades, glass louvres and concrete roofing.

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R3 Medium Density

Item of Heritage – No

In Vicinity of Item of Heritage – No

Conservation Area – No

S94 Contribution

Environmental Planning & Assessment Act 1979

SEPP (Affordable Rental Housing) 2009

SEPP 65

SEPP 55 - Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

Rural Fires Act 1997

POLICY CONTROLS

DCP 2013

DESCRIPTION OF LOCALITY

The subject site is located on the north-western side of Miller Street north of Cambridge Street.

The site is an irregular triangle in shape and has an area of 1055.65m².

The site is separated from the main carriageway of Miller Street with a separate carriageway

commencing at the junction of Miller Street and Cambridge Street.

The site is currently occupied by a 3 storey residential flat building accommodating three (3)

residential apartments at No.562a Miller Street and a 2-3 storey duplex at No. 564 Miller Street.

The site adjoins a 2-3 storey duplex at No.564a Miller Street. On the south west, the site adjoins

a multi-storey residential flat building (No. 2A Cambridge Street) accommodating 16 apartments.



Existing residential flat building at No.562a

Existing duplex at No.564



RELEVANT HISTORY

No.564

On 16 April 1940, Council granted approval to Building Application No.40/99 for the

construction of a "Block of two flats".

The approved "block of two flats" has been continuously occupied in its current form since the

building was constructed, and no material changes have been made to the configuration or

physical form of the approved building.

No.562a

The existing building on the site was constructed (circa 1981) consisting of three (3) apartments.

The building remains substantially in its original form.

DA.107/15

The application was lodged on 14 April 2015. Following comments from Council‟s Design

Excellence Panel, Development Assessment Engineer and Bushland Management Coordinator,

the applicant was requested to amend the proposal.

Amended plans were lodged on 3 July 2015 including the following changes:

Setting back the building from the eastern boundary;

Re-arrange the penthouse to be set back from the northern, eastern and southern edges of

the building;

Provide a different colour finish to the external walls of the fire stair;

Provide a concrete roof in accordance with the Bush Fire report; and

Provide OSD.

The amended plans were approved by NSIPP at their meeting of 5 August 2015.

DA.19/16

The application was lodged on 2 February 2016. Following an initial assessment and comments

from Council‟s Design Excellence Panel and Development Assessment Engineer, the applicant

was requested to amend the proposal and provide further details.

Amended plans were lodged on 20 April 2016 including the following changes:

The number of units have been reduced to 16;

Neighbours building locations have been indicated;

The proposed building is now set back behind the building line;

The extent of approved scheme (DA 107/15) has been indicated on plans and elevations;

Building Site coverage is 45%;

The retaining walls on the eastern boundary have been set back from the boundary i.e.

there are no retaining walls along the boundary;

Walls on boundary have either been deleted or substantially reduced;

Access from the garbage room to the rear yard has been provided;



Garbage room has been modified to ensure landscaping has been provided between

garbage room and neighbouring property;

Landscaping has been provided in front of the garbage room along the street boundary;

Revised shadow diagrams have been provided;

Driveway sections have been provided;

Various design changes to accommodate the revised 16 units scheme;

Lift lobby have been re-designed to allow for natural light;

Building has been set back from the north western boundary in various locations

The DEP provided further comment on the amended plans recommending minor improvements.

The applicant modified the plans on 16 May 2016.

REFERRALS

Building

The proposal would have to comply with the Building Code of Australia. A condition can be

imposed to ensure compliance.

Traffic

Council‟s Traffic Engineer has provided the following comments:

I refer to your request for traffic comments in relation to Development Application 19/16 for development at 562A-

364 Miller Street, Cammeray. I have read the Traffic and Parking Assessment Report prepared by Varga Traffic

Planning dated 20 January 2016.

Existing Site

The subject site is located on the westem side of the Miller Sheet service road, directly opposite the Pine Street

intersection. The site has a street frontage approximately 25m in length to Miller Street and site occupies an area of

approximately 1,056m².

The application states the No.562A site is currently occupied by a residential building comprising 3 x three bedroom

dwellings. At-grade off-street parking is provided for the three dwellings, with vehicular access provided via two

separate driveways located in the Miller Street service road.

The No.564 site is currently occupied by a residential building comprising 1 x two bedroom dwelling and 1 x three

bedroom dwelling. There is no off-street parking provided for the two dwellings.

Previously Approved Development

Council has previously approved the demolition of the existing residential flat building on the No.562A Miller Street

site to facilitate the construction of a new residential apartment building (DA 107/15). A total of 11 residential

apartments were approved in the new building.

Proposed Development

The proposed development now includes the adjacent site located at No.564 Miller Street and involves the

construction of a new residential apartment building with an increased number of dwellings. A total of 22 residential

apartments are proposed in the new building.

Parking Provision

Council‟s DCP 2013 sets out the following maximum parking provisions for this development:



The development proposes 21 parking spaces which is reasonably compliant with Council‟s DCP.

The DCP requires a car wash bay to be provided for all residential developments with 4 or more dwellings. The

proposed development does not provide for any such car wash bay.

Traffic Generation

I generally agree that the proposed development will not have any large impacts on the existing Traffic.

Accessible Parking:

Council‟s DCP 2013 (amended on November 2015 Section 10) sets out that developments containing adaptable

housing must allocate at least one accessible parking space to each adaptable dwelling. The development consists of

5 adaptable units and therefore is required to provide a total of 5 accessible parking spaces to meet the requirements

of Council‟s DCP.

Bicycle Parking

Secure bicycle parking is not provided, however the proposal includes 21 storage areas on levels 1 to 3 which appear

large enough to accommodate a bike, which complies with the DCP requirements. The development does not

propose any visitor bike parking rails. At least 3 rails should be provided for a development of the proposed size.

Mechanical Car Stacker

The use of a car lift should always be the last alternative for vehicular access. With any vehicular lift, there are

concerns that the residents will chose not to use the lift because of the time delay and inconvenience, and this will

place demands on the on-street parking. Particularly if residents are returning home for only a short time, it is likely

that they will not “bother” with the inconvenience of the vehicle lift. Further, car stackers by their very nature are

highly mechanical systems, which therefore makes them highly likely to break down.

Australian Standard 2890.1 states in relation to mechanical parking installations, “Access to mechanical parking

installations such as car stackers, shall be by means of access driveways and circulation roadways designed in

accordance with this Standard, and providing sufficient vehicle storage to ensure that queues of vehicles awaiting

service by the installation do not extend beyond the property boundary of the parking facility under normally

foreseeable conditions.

“When determining the amount of vehicle storage required, queue lengths shall be calculated by applying

conventional queuing theory to estimated mean arrival rates during normal peak periods, and mean service rates

under continuous demand, determined as closely as possible from observing the operation of similar facilities. The

storage area shall be designed to accommodate the 98th percentile queue under such conditions.”

Varga Traffic Planning has not provided a queuing analysis based on arrival rate of 10 vehicles per hour for the car

stacker arrangement. Council‟s DCP requires a car waiting space entirely on-site where the car stacker system

accommodates more than 10 vehicles.

Conclusion

It is recommended that the proposed development be refused until the applicant addresses the followings:

1. Provision of Accessible parking spaces as mentioned above.

2. The applicant is required to provide a queuing analysis based on arrival rate of 10 vehicles per hour for the car

stacker arrangement.

Should Council approve this development it is recommended that the following conditions be imposed:

1. That a Construction Management Plan be prepared and submitted to Council for approval by the North Sydney

Traffic Committee prior to the issue of the Construction Certificate. Any use of Council property shall require

appropriate separate permits/ approvals.

2. That a minimum of 3 visitor bicycle rails be provided in accordance with the North Sydney DCP 2013

3. That all aspects of the bicycle parking and storage facilities comply with the Australian Standard AS2890.3.

4. That all aspects of the car park comply with the Australian Standard AS2890.1 Off-Street Parking. In particular,

headroom is to be a minimum of 2.2 metres.

5. That the developer pays to upgrade the lighting levels on Miller Street adjacent to the site, to the satisfaction of

Council

The proposal has been amended to reduce the number of apartments to 16 with 18 carspaces. The

DCP would require a maximum of 24 spaces including 4 visitor spaces. The 18 spaces are

considered adequate and provides one space per unit.

Further advice was submitted from the traffic consultant that the probability of 2 cars being

queued in the system (i.e. with one car in the lift and a second vehicle waiting to enter or exit) is

only 2.6%. The proposed car lift arrangements will allow all vehicles to enter the car lift from

Miller Street whilst travelling in a forward direction, park in their allocated parking space and

then retum to Miller Street also travelling in a forward direction.



Adequate bicycle storage is available on site in addition to the allocated store rooms. Visitor

bicycle rails have not been provided although informal space is available adjacent to the garage

access. Upgrading of street lighting is not a relevant condition to be imposed on this application.

Engineering/Stormwater Drainage/Geotechnical

Council‟s Development Assessment Engineer has raised no objections to the amended plans.

Conditions have been recommended.

Landscaping

Council‟s Landscape Development Officer provided the following comments with regard to the

previous application dealing with only No.562A:

I have inspected the property with the appointed Arborist, and the Applicant (Rob Moore and Nick Rickard) and

Councils T.P.O and the following observations were made and recommendations provided.

The plantings shown as retained (shown on the submitted landscape plan) at the front of the property will

not be threatened by the works.

The Plantings on Council property adjacent to 562a Miller Street (Council Drainage Reserve) are not

threatened by the works, but I recommend a small bond be placed on the aforementioned plantings.

There is no vegetation of worth in the rear garden area.

There is a mature Eucalyptus sp.(subject of the Arborist Arboricultural Impact Statement) growing on the

adjoining property to the west of the subject property. As indicated by the Arborist protective measures

provided for the tree should adequately protect the tree during demolition, excavation and construction.

Whilst there is excavation in its vicinity it is about 3 metres above the ground level of the tree and the

likely hood of root activity is minimal and if any are encountered the Arborist could provide management

techniques such as hand digging etc. To ensure the tree does not suffer any damage.

The Arborist has also provided anticipated pruning requirements that are satisfactory. However it was

determined on site that one limb near the top the tree may be close (500m.m) to the proposed building

footprint and it would be beneficial to the tree that it remains in place. It is very difficult to make an

accurate determination of whether or not the branch may need to be pruned.

The applicant indicated that he was happy for Council Condition that if during the construction stage it was

apparent that the limb may be affected that the building design be modified such that no part of the tree is

any closer to the building structure than 500m.m. I believe this to be a satisfactory outcome.

In conclusion I raise no objections to the development application provided the following conditions form part of the

consent.

Council‟s Landscape Development Officer provided the following comments with regard to the

current application:

I have inspected the site and reviewed the amended Landscape Plan and the following is advised:

The increase in the property size has had no impact on trees to be protected neither onsite nor on Council property

and the previously recommended landscape conditions can be implemented as conditions of consent for the subject

development application. I have changed the condition that refers to the landscape plan to reflect the Landscape Plan

submitted with this application……….



Bushland Management

Council‟s Bushland Management Coordinator has provided the following advice:

Upon review of the supplied DA documentation, it is considered the Landscape Plan; Arborist‟s Report and

Stormwater Management Plan recommend outcomes that are largely consistent with the provisions outlined in

NSDCP 2013 (Part B, Section 15.3.3 Bushland) for developments located within the Bushland Buffer Area A

(properties located within 100m of E2 zoned bushland).

No modifications are recommended by the Bushland Management Team.

Design Excellence Panel

The original application was considered by Council‟s Design Excellence Panel on 8 March 2016

and the amended plans on 10 May 2016 when the Panel provided the following comments;

Background

The subject site is located on the north-western side of Miller Street, approximately 50 metres north of Cambridge

Street. The site comprises two adjoining allotments with a combined area of approximately 1,055.65m².The site is an

irregular triangle in shape with a frontage of 25.48m to Miller Street.

The site is separated from the main carriageway of Miller Street by a median island, with a separate carriageway (or

slip lane) commencing at the junction of Miller Street and Cambridge Street.

The site is currently occupied by two residential flat buildings accommodating three apartments (No.562A Miller

Street) and two apartments (No.564 Miller Street).

A development application consisting of the demolition of the existing residential flat buildings and the construction

of a new residential flat building accommodating 22 apartments was before the DEP at its meeting of 8 March 2016.

The Panel and Council staff inspected the site prior to the meeting and the proponent was available for questions.

The Panel did not support the proposal and provided the following comments:

The Panel recognised the difficulty of the site due to its steepness and shape. The Panel noted that the

proposal did not comply with the height control or the minimum setbacks and was relying on Existing Use

rights. In this situation it must be demonstrated that any development is sympathetic in its scale, form and

density with existing and potential future residential buildings in the immediate area, and has fully taken

into account the relevant statutory planning controls.

The Panel felt that the bulk and scale of the building was excessive. The building is considered to be

located too close to the street and the applicant has not demonstrated why the building‟s location would

be appropriate in front of the other buildings in the street.

The Panel raised concern about the depth of excavation on the eastern boundary and the impact on the

existing trees at the front alignment with the excavation proposed to the street frontage. It is noted that

some of the trees are proposed to be retained close to the excavation but this may be difficult to achieve

once excavation takes place. The Panel recommended that the larger trees on the side boundaries be

retained with any development.

The Panel considered the site cover to be excessive. Very hilly topography is better suited to small foot

printed buildings. Small footprints require less cutting of the land and also enable the shape of the land to

be read and understood. The building should not extend so far past the rear alignment of adjacent

developments.

The Panel recommended the top floor be scaled back to lessen the visual impact from the street and from

the rear of the adjacent building. The top floor should be differentiated from the lower floors with greater

side setbacks and different materials and colours to create a varied roofscape, but modest in design, when

viewed from the street. Having regard to the longer street frontage and increased width of the building,



further articulation or splitting the building into two sections should be considered, and this might also

enable lower ground floor access to a shared common open space deck looking out to the tree canopy.

The design as submitted provided no communal space, which is unacceptable and non-compliant with the

planning controls: this location is an obvious option which should be considered.

The Panel did not support the height of the building at the rear. It should be stepped so that it is no higher

than 4 levels at any section, and respects the form of neighbouring buildings and the amenity of residents.

The Panel noted that the FSR of the proposal is substantially greater that the FSR for the approval at

562A Miller Street. The Panel considers that development needs to be consistent with surrounding

development or the relevant standards for a residential flat building in the adjoining R4 High Density

Residential zone.

The applicant should provide plans showing the approved development over part of the site as a

comparison to what is now proposed. The proposal should be consistent with the approved envelope over

No.562A and be consistent with that envelope when expanding onto No.564.

Proposal

Amended plans were submitted to Council on 21 April 2016 in response to the DEP comments and concerns raised

by Council. The proposal now involves 16 apartments with parking for 18 vehicles. The site cover of the building has

been reduced to a compliant 45%.

Panel Comments

The Panel noted that the amended plans are a substantial improvement to the previous proposal and the applicant has

responded to the concerns raised by the Panel in a positive manner.

There were only a small number of minor issues with the amended plans that the Panel raised:

Materials on the upper level need to be consistent and not a mixture of brickwork and different coloured

render;

The width of the corridor in front of the lift could be widened to at least 2m;

Need to provide door from corridor on level 1 to provide direct access to the communal yard;

Bedroom windows of unit 101 may need to be highlight for privacy from residents accessing communal

yard;

The window to bedroom 1 in unit 101 may need to be highlight to allow for privacy and placement of bed

having regard to the location of doors;

The landscape plan will need amendment to permit access from the building at level 1.

The Panel commented that provision of furniture layouts on the plans would assist in assessment of internal

circulation, which in some units appeared restricted.

Conclusion:

The Panel supports the proposal subject the above issues being addressed.

Following the adverse comments from Council and the DEP, amended plans were lodged on 20

April 2016 including the following changes:




















The DEP provided further comment on the amended plans recommending minor improvements.

The applicant modified the plans on 16 May 2016 to address the recommendations.

External Referrals

Roads and Maritime Services

The application was referred to Roads and Maritime Services and the RMS responded as follows:

Roads and Maritime has reviewed the application and notes that the proposed development is on the service road

which is a local road. Therefore the proposed development does not require concurrence from Roads and Maritime.

Roads and Maritime raises no objection to the proposed development.

Aboriginal Heritage Office

Reference is made to the proposed development at the above area and Aboriginal heritage.

No sites are recorded in the current development area and the area has been subject to previous disturbance reducing

the likelihood of surviving unrecorded Aboriginal sites.

Given the above, the Aboriginal Heritage Office considers that there are no Aboriginal heritage issues for the

proposed development.

Should any Aboriginal sites be uncovered during earthworks, works should cease and Council, the NSW Office of

Environment and Heritage (OEH) and the Metropolitan Local Aboriginal Land Council should be contacted.

Should any historical or Aboriginal relic be discovered on the site during demolition, excavation

or site preparatory works, all excavation or disturbance to the area is to stop immediately and the

Heritage Council of NSW must be informed in accordance with the provisions of the Heritage

Act 1977 and/or National Parks and Wildlife Act, 1974. Works must not recommence until such

time as approval to recommence is given in writing by Council or a permit from the Director of

the NPWS is issued. This has been included as a condition of any consent granted.

Rural Fire Service

The application was referred to Rural Fire Service and the RFS responded as follows:

I refer to your letter dated 11 February 2016 seeking general terms of approval for the above lntegrated Development

in accordance with Section 91 of the 'Environmental Planning and Assessment Act 1979'.

This response is to be deemed a bush fire safety authority as required under section 100B of the 'Rural Fires Act

1997' and is issued subject to the following numbered conditions..................

.............................General Advice - consent authority to note



The Service recognises that the site is constrained and that the proposed development falls within the Flame Zone.

Flame Zone development is high risk development; consequently, in situations such as this, the Service seeks to

improve the overall fire safety of the existing development. This requires greater emphasis on construction standards,

landscaping, siting, and vegetation management practices to ensure improved levels of protection are afforded to the

development, its occupants and fire fighters. The Service has undertaken a merit based assessment of the proposal

and provides the above advice in accordance with 'Planning for Bush Fire Protection 2006'.

SUBMISSIONS

The owners of adjoining properties and the Bridgeview/Plateau/Bay Precincts were notified of

the original proposed development (22 apartments) from 19 February to 21 March 2016. The

notification resulted in the following submissions.

Basis of Submissions

Impact on rock face and damage caused by excavation

Works could jeopardise foundation of building

Noise and pollution during construction

Lack of parking

Privacy

Height

density

Poorly aligned with adjacent buildings

Increased footprint of building

Height

Shadowing

Density

Lack of adequate parking

Construction impacts

Traffic and parking

Mechanical parking would not be used by residents

Lack of adequate parking for 22 apartments

Lack of adequate parking for 22 apartments

No on street parking in area for visitors

Pooorly aligned with adjacent buildings

Footprint extends significantly into the bushland

Height

Density

size of footprint

no visitor parking

Poorly aligned with adjacent buildings

Footprint extends significantly into the bushland

Height

Density

size of footprint

no visitor parking

Questions that 564 enjoys existing use rights as a residential flat

building

Will submit supplementary submission on merits should Council accept

existing use rights



NOTE: Council advised the consultant that further information had

been sought and amended plans were required to reduce the density of

the proposal

Poorly aligned with adjacent structures

Destruction of 100sm of natural habitat

Height

Density is double previous proposal

Footprint is double existing footprint

Shadowing

No visitor parking

Amended plans were lodged on 20 April 2016 including the following changes:


















The owners of adjoining properties and the Bridgeview/Plateau/Bay Precincts were notified of

the amended proposed development (16 apartments) from 6 May to 6 June 2016. The

notification resulted in the following submissions.

Although slightly reduced

Does not appear any of the previous concerns have been addressed

Impact on rock face and damage caused by excavation

Works could jeopardise foundation of building

Noise and pollution during construction

Lack of parking

Privacy

Height

density

Increased traffic

Increased footprint and scale of building

Destruction of Bushland

Lack of screening of building



Density


Increased traffic



Aesthetics of building and lack of screening of building

Height

Damage caused by excavation

Loss of natural light to neighbouring properties


Increased traffic




Height

Damage caused by excavation

Loss of natural light to neighbouring properties


Incongruent Urban Design

Increased footprint of building

Height

Intrusion on views

Loss of natural light and heat

Loss of privacy

Inconsiderate waste placement

Traffic

Excessive excavation and Ineffective landscaping


Construction impacts

Height

Lack of stepping

Overshadowing

Loss of privacy

Overdevelopment

Excavation damage to adjoining properties


Loss of bushland

Noise and safety during construction

Questions that 564 enjoys existing use rights as a residential flat

building

Height, bulk and scale

Inadequate side setback, should be compliant with ADG

Privacy impacts

Excavation excessive

Need for a construction management plan at DA stage

Overshadowing is unreasonable, further shadow diagrams are required


Reduced privacy with western facing windows overlooking decks and

balconies

Height



Shadowing

Inadequate parking, No visitor parking

The full submissions will be available for the panels review at its determination meeting.

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.

NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 1055.65m² Proposed Control Complies

Clause 4.3 – Heights of Building 10.4m at front

18m at highest point

Rear wall approx.13m

8.5m NO

DCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development

complies Comments

1.2 Social Amenity

Population Mix Yes Proposal provides a mix of 1, 2 and 3 bedroom apartments

Maintaining Residential Accommodation Yes The proposal increases density on site

Affordable Housing Yes The existing building contains units that are classified as

affordable housing. See detailed assessment below.

1.3 Environmental Criteria

Topography Yes Finished ground level is generally within 500mm of existing

ground level, other than where access is required along the

side boundaries. The habitable rooms are above existing

ground level along the main (northern) facade. Excavation is

proposed within 1m along portions of the side boundaries to

formalise the pedestrian access arrangements.

Bushland Yes The existing ground levels in the northern portion of the site

are being retained, and normal precautions will be taken

during the construction of the proposed development to

ensure there are no adverse impacts in terms of runoff and

water quality. Amended plans satisfy Council‟s Bushland

Management Coordinator.

Bush Fire Prone Land Yes Conditions provided by RFS referral

Views Yes The amended plans provide for adequate side setbacks and

maintain public views to the bushland. Views from adjacent

properties not affected other than bushland views across the

site.

Solar Access Yes Twelve of the proposed apartments (75%) will receive a

minimum of 3 hours of solar access between 9am and 3pm,

and the adjoining properties to the north-east and south-west

will maintain at least 3 hours sunlight between 9am and 3pm.

See further detailed comments with regard to submissions

Acoustic Privacy Yes Satisfactory with conditions.



Visual Privacy Yes No unacceptable impacts. Condition proposed with regard

to roof terrace, level 5 terrace and eastern living room

windows on levels 3 & 4. See further detailed comments

with regard to submissions

1.4 Quality built form

Context Yes The site is located within an established residential precinct

characterised by a relative predominance of residential flat

buildings, with detached dwellings, semi-detached dwellings

and townhouses. The existing development represents a mix

of building forms and architectural styles. The proposed

development responds to the context of the site by providing

a building form that maintains an appropriate height, scale

and form when viewed from the public domain. The upper

level has been scaled back and site cover reduced at the

recommendation of Council‟s Design Excellence Panel to

provide a suitable building form.

Streetscape Yes Street vegetation will be protected and enhanced. Unused

driveway will be replaced with kerb and gutter and add to

on street parking.

Siting Yes The proposed development provides a single building form,

with the front elevation designed to appropriately address the

street.

Setback – Side No The setbacks are generally consistent with the established

pattern of development in the locality, and greater than the

setbacks of the adjoining buildings. The proposed

development involves partial variations to the side boundary

setback controls. See further detailed comments with regard

to submissions

Setback - Rear Yes The rear setback are compatible with the established setbacks

lo Long Bay Gully.

Building Separation No The separation distances to the adjoining buildings are

compatible with the established pattern of development in the

locality, and the setbacks to the side boundaries are greater

than the setbacks of the adjoining buildings. There are no

living areas facing the side boundaries. See further detailed

comments with regard to submissions.

Form Massing Scale Yes The height of the building is compatible with the existing and

adjoining buildings when viewed from Miller Street. The

proposed development provides a flat roof to reflect the

architectural character of the building, and is consistent with

the roof form of other contemporary residential buildings in

the locality. The flat concrete roof is also needed for Fire

safety compliance. See further detailed comments with regard

to submissions.

Built Form Character Yes Amended plans are in response to DEP comments and now

satisfactory.

Dwelling Entry Yes At front and visible from street.

Roofs The proposed development provides a flat roof to reflect the

architectural character of the building, and is consistent with

the roof form of other contemporary residential buildings in

the locality. The flat concrete roof is also needed for Fire

safety compliance.

Materials Yes Also need to satisfy RFS requirements.

Balconies - Apartments Yes All of the balconies provide a depth of more than 2m, and an

area of greater than 8m². The balconies are integrated with

the architectural form and style of the building.

1.5 Quality Urban Environment High Quality Residential Accommodation Yes Unit sizes of:

1 bedroom: 50m²

2 bedroom: 73 - 82m²

3 bedroom: 93 - 120m²

The apartments are serviced by balconies and/ or terraces.

All of the apartments will be naturally cross-ventilated.

Safety and Security Yes Satisfactory

Vehicle Access and Parking Yes See detailed comments under traffic.



Site Coverage Yes Site coverage of 45% complies with maximum requirement

of 45%. Landscaping is compliant and un built upon area is

less than permitted. Minor variation of 15m².

Landscape Area Yes 46% landscaped area provided with 42% as deep planting.

The larger areas of landscaped area are not fragmented and

remain usable. The proposed driveway is more than 500mm

from the boundaries, and the pathway along the eastern

boundary is consistent with similar side footpaths in the

locality.

Excavation Yes The excavation for basement, plant and storage areas is less

than70% of the site area. No part of the rear of the site will

be excavated. The basement does not extend the full width of

the site. See further detailed comments with regard to

submissions.

Landscaping Yes See detailed comments of Landscape Development Officer

Front Gardens Yes Landscaping is proposed within the front setback. Planter

beds are used as a buffer to the street. The paving within the

front setback has been minimised.

Private and Communal Open Space Yes Adequate balconies and terraces are provided as private

open space. Communal open space provided in rear yard.

Garbage Storage Yes Adequate storage provided with easy access to street. See

further detailed comments with regard to submissions.

1.6 Efficient Use of Resources Energy Efficiency Yes Basix certificate submitted.

NORTH SYDNEY LEP 2013

Permissibility

The subject site is zoned R3 Medium Density under the provisions of the North Sydney Local

Environmental Plan 2013 (NSLEP 2013). The application proposes a residential flat building

which is prohibited in this zone. It therefore seeks to rely on the existing use right provisions

of the Act.

Section 106 - Existing Use Rights of E P & A Act 1979

Notwithstanding such prohibition, if „existing use‟ rights can be satisfactorily established for the

land affected by the proposed development, then the consent authority may approve a

development application (subject to meeting the relevant requirements applying to existing uses

under Sections 106 -109 of the E P & A Act 1979, the Regulation under the Act, and considering

the impacts of the proposal).

The existing building at No.562a comprises a residential flat building containing 1 x 2 and 2 x 3

bedroom apartments approved in 1981 that has continually operated for this use to this day.

The applicant has submitted further information with regard to Building No.564 as follows:

On 11 November 1921, Ordinance No.71 was proclaimed under the Local Government

Act 1919.The Ordinance applied within the Municipality of North Sydney. Part IV of

Ordinance No.71 applied to "residential flat buildings", defined at the time of the

proclamation to mean "a building containing two or more flats".

Prior to 1928, the definition of a "residential flat building" in Ordinance No.71 was

amended to mean:

"’Residential flat building' means a building containing two or more flats, but does not

include a row of two or more dwellings attached to each other such as are commonly

known as semi-detached or terrace buildings".



On 16 April 1940, Council granted approval to Building Application No.40/99 for the

construction of a "Block of two flats". The site for the purposes of the approval was

identified as "Lot A Resub Lots 8/9"). In that regard, No. 564 Miller Street comprises

Lot A in Deposited Plan 344820, and the allotment was created by the re-subdivision of

Lots 8 and 9 in Deposited Plan 11908.

The approved "block of two flats" has been continuously occupied in its current form

since the building was constructed, and no material changes have been made to the

configuration or physical form of the approved building.

The North Sydney Local Environmental Plan (LEP) 2013 came into force on 13

September 2013. The site is zoned R3 - Medium Density Residential pursuant to Clause

2.2 of the LEP, and "residential flat buildings" are prohibited in the zone.

Finally, in Jojeni Investments Pty Ltd v Mosman Municipal Council (2015) NSWCA

747, the New South Wales Court of Appeal considered a similar matter involving an

approval granted by Mosman Council in 1933 for a building containing two (2) flats.

The site (No. 7 Arbutus Street, Mosman) is zoned R2 - Low Density Residential

pursuant to the Mosman Local Environmental Plan (LEP) 2012, and "residential flat

buildings" are now prohibited in the zone.

The Court found that "The use of a building for the purpose of three flats is not

"different in kind" from its use as a building for the purpose of two flats". Further, "the

appropriate declaration of existing use is as a "building containing flats".

On 19 February 2016, the Land and Environment Court in Robert Ferguson &.

Associates Architects Pty Ltd v Mosman Municipal Council (2016) NSWLEC 1061

upheld an appeal for the "demolition of existing residential flat building and erection of

residential flat building comprising 3 units and basement car parking".

In addition, the Court found in Jojeni that "there is no meaningful distinction in the use

of buildings containing seven, eight or nine flats, but there is a clear ond material

difference between the use of a building for a single residence and for two or more

residences".

That is, there is a distinction in land use between a single residence and a building

containing flats, however there is no meaningful distinction between the number of flats

within a building containing flats.

Similarly, it is noted that the North Sydney LEP 2013 draws a distinction between a

"dual occupancy (attached)" which "means 2 dwellings on a lot of land that are

attached to each other..." and a "residential flat building" which "means a building

containing 3 or more dwellings...".

The distinction based on the current planning regime is of no relevance. In that regard,

the Court found in Jojeni that:



"The fact that subsequent local environmental plans distinguish between dual

occupancies and residential flat buildings is no sound basis to characterise the existing

use more narrowly. Kirby P said in Boyts at 6 -62 in precisely the same context, in

relation to a changed definition of "warehouse", that "It is impermissible,

retrospectively, to impose the particular meaning of 'warehouse' later adopted in [a

later planning ordinance]".

The same applies with equal force to the later, narrower meaning given to "residential

flat building".

The applicant also submitted Counsel‟s advice that concludes that the block of two flats has

existing use rights as a residential flat building. A copy of this advice is attached for the Panel‟s

information.

Section 107 - Continuance of and Limitation on Existing Use

Section 107 of the E P & A Act 1979 outlines the provisions relating to the continuance of and

limitation on existing use. Both sites have continually been used as residential flat buildings

without abandonment.

The proposed works involve intensification and rebuilding. The proposal is therefore considered

to satisfy Section 107 of the E P & A Act 1979.

Clauses 42-44 of the E P & A Regulations 2000

Clauses 42-44 of the E P & A Regulations 2000 are also relevant to the proposed development

because these Clauses set out the certain development allowed under existing uses, the matters

for consideration for enlargement, expansion or intensification of existing uses and the consent

requirements for an existing use.

The proposed works involve both intensification and rebuilding. The new building would be

constructed on the land to which the existing use was carried out. The proposal is therefore

considered satisfactory having regard to Clauses 42-44 of the E P & A Regulations 2000

Land and Environment Court Planning Principles - Existing Use Assessments

An assessment has been carried out in accordance with the NSW Land and Environment Court

planning principles in relation to the assessment of development applications based on existing

use rights which were stated by Senior Commissioner Roseth in Fodor Investments v Hornsby

Shire Council (2005).

(a) Principle 1 - How do the bulk and scale (as expressed by height, floor space ratio and

setbacks) of the proposal relate to what is permissible on surrounding sites?

The property has a fall of 16m from the front to the rear and a fall of 8m where the building is

proposed. The height of the building varies between 10.4m at the front and 18m at the highest

point to the centre of the sites towards the rear of the building. The rear wall is four storey and

13m high. The upper floor has been amended to reduce the scale when viewed from a public

space. The height at the side and rear of the building would not be evident from the street.



The height control for the R3 Medium Density zone is 8.5m. Residential flat buildings are

prohibited in this zone. The site directly adjoins a R4 High Density zone to the west where the

height control is 12m. Residential flat building are permissible in this zone. The height of the

building is compatible with the existing and adjoining buildings when viewed from Miller Street.

The proposed development provides a flat roof to reflect the architectural character of the

building, and is consistent with the roof form of other contemporary residential buildings in the

locality. The flat concrete roof is also needed for Fire safety compliance.

The side setbacks required in a R3 zone vary between 900mm and 2.5m. The proposal has a

setback on its eastern side of 3m and between 1m and greater with a weighted average of 3m on

its western side. The setbacks are greater than the setbacks of adjacent buildings. The proposed

development involves partial variations to the side boundary setback controls. The amended

plans increased side setbacks of the upper levels (5m and 2.5m plus) as recommended by the

DEP. It is noted that there are no windows or living areas on the western elevation and that there

are no balconies facing the eastern elevation.

There is no FSR control in the zone. As a comparison, starting at 45% site cover for the building

= 475m²; allowing 5% for external walls and 20% for balconies and internal circulation/access;

the GFA for one level would be around 360m². A 12m height control would permit 4 floors so

the expected GFA would be 1440m² of a FSR of 1.37:1. The proposal has a GFA of 1478m² or

FSR of 1.4:1. The scale and density of the proposal is in keeping with that expected within the

adjoining R4 High Density Residential zone.

(b) Principle 2 - What is the relevance of the building in which the existing use takes

place?

The proposed development would continue to be used as a residential flat building albeit with an

intensification of the use. The existing building at No.562A contains units that are classified as

affordable housing. This aspect has been assessed below. Parking is currently not available to the

two flats at No.564.

(c) Principle 3 - What are the impacts on adjoining land?

Consideration has been given below to the potential impacts of the proposed development:

Car Parking

The development has provided for adequate parking for each apartment. The car lift to the three

basement parking levels is considered to be better than the previous proposal that relied on a car

stacking system. Although mechanical parking should be avoided, it would be difficult to access

a carpark by ramp on such a steep slope without having the street level as a parking level. The

proposal has been amended to reduce the number of apartments to 16 with 18 carspaces. The

DCP would require a maximum of 24 spaces including 4 visitor spaces. The 18 spaces are

considered adequate. Visitor parking accessed from a vehicle lift may cause an issue with its use

(security and damage). Although 9 of the apartments are three bedroom units, they are relatively

small between 93m² and 120m². These apartments are likely to be popular with downsizers where

one space per apartment would meet their needs. To provide additional parking would require

excavation of a further level.



Further advice was submitted from the traffic consultant that the probability of 2 cars being

queued in the system (i.e. with one car in the lift and a second vehicle waiting to enter or exit) is

only 2.6%. The proposed car lift arrangements will allow all vehicles to enter the car lift from

Miller Street whilst travelling in a forward direction, park in their allocated parking space and

then retum to Miller Street also travelling in a forward direction.

Adequate bicycle storage is available on site in addition to the allocated store rooms.

Noise

The proposed development will not cause unacceptable impacts with regard to noise. Appropriate

conditions can be imposed to ensure amenity of the proposed apartments. Construction noise

impacts can be conditioned to minimise disruption to the minimal level practical.

Environment

The existing ground levels in the northern portion of the site are being retained, and normal

precautions will be taken during the construction of the proposed development to ensure there are

no adverse impacts in terms of runoff and water quality. The submitted plans satisfy Council‟s

Bushland Management Coordinator and Landscape Development Officer. The excavation

involves cutting into the slope down to the level where the end of the building footprint hits the

existing contour.

Views

The proposed building will not impact on any significant views. Views across the site will be

affected by the building being closer to the rear boundary than its direct neighbours. The building

meets Council‟s requirements with regard to site cover and landscaped area. The side setbacks

are generally in excess of Council‟s requirement for the R3 zone. The siting of the building is

consistent with the subdivision pattern

Solar access

Twelve of the proposed apartments (75%) will receive a minimum of 3 hours of solar access

between 9am and 3pm, and the adjoining properties to the north-east and south-west will

maintain at least 3 hours sunlight between 9am and 3pm. The applicant was requested to submit

sun‟s eye view diagrams to clearly demonstrate the impacts on neighbouring properties. The full

study is attached for the Panel‟s information. Extracts are included below to show the effects of

overshadowing on adjoining properties. It is noted that No.2A Cambridge Street has a setback off

the boundary of 2.7m and there are existing trees that overshadow the side windows. No.564A

has a setback of 900mm from the boundary as shown in the aerial photo below:



Source: Nearmap

The review and analysis for solar access was conducted through the use of a Three-Dimensional

(3D) Digital Model in the Trimble SketchUp software package, prepared by Cracknell &

Lonergan Architects. The model includes white block representation of relevant adjacent

buildings, so that any overshadowing effects may be fully assessed. By the use of the 3D Digital

Model, quantification of solar access takes account of all relevant overshadowing and self-

shading. The examination of the design uses a „view from the sun‟ methodology. The projection

referred to as a „view from the sun‟ shows all sunlit surfaces at a particular given time and date. It

therefore allows for a precise count of sunlight hours on a glazed or horizontal surface, with little

or no requirement for secondary calculations or interpolation. Note that a „view from the sun‟ by

definition does not show any shadows.

At 9am in midwinter, the proposal will cause shadow to the rear corner of the building and part

of the rear terrace. By 10am, the rear elevation and terrace is unaffected by the proposal and has

sun for the remainder of the day, the side window towards the rear will be affected. The tallest

part of the proposal located at the back of the building towards the centre of the lot does not

cause the shadow. No.564A will not be affected in the yard or the rear elevation at 3pm, the side

windows towards the rear will be affected (there are also rear facing windows to these rooms that

are unaffected). The shadowing impacts in mid winter are considered minor and acceptable.



During the equinox, 2A Cambridge Street will be affected by shadow on part of its terrace at 9am

with most of the shadow gone by 10am. No.564A will not be affected in the yard or the rear

elevation at 3pm, the side windows towards the rear will be affected (there are also rear facing

windows to these rooms that are unaffected). The shadowing impacts during the equinox are

considered minor and acceptable.

Privacy

No unacceptable impacts caused on neighbouring properties. Majority of apartments (other than

one that faces street) have their living areas and balconies facing the rear bushland. The side

terraces on level 6 need to be conditioned to be non trafficable to resolve any privacy issue. The

only other impacts relate to:

The eastern side of the rear terrace to unit 501 on level 5 that will require a planter box

1m high by 600mm width with plants to grow to a minimum height of 600mm so that

the landscaping provides a screen to the side yard and terrace and a restriction on

residents coming to the edge of the terrace to look towards the adjoining building; and

The eastern side living room windows on levels 3 and 4 will require obscure unopenable

glazing to a height of 1600mm from the floor level or be replaced with highlight

windows with a sill height of 1600mm from the floor level.

Materials

The schedule of external materials and finishes includes face brickwork, painted render,

aluminium framed windows and doors, metal balustrades and concrete roofing. The materials are

suitable for bushfire safety and are considered to be generally compatible with the materials used

in the locality. The DEP supports the amended proposal and the materials.

Streetscape

The design will provide visual interest and contribute to the streetscape. The design is in keeping

with recent contemporary buildings further east on Miller Street.

Stormwater

The proposal includes OSD and is considered satisfactory.



Landscaping

Council‟s Landscape Development Officer has accepted the landscape plan and recommended

appropriate conditions.

(d) Principle 4 - What is the internal amenity?

The amenity of the apartments is satisfactory with a high percentage of apartments having in

excess of 3 hours of solar access all having cross ventilation.

Concluding Remarks – Existing Use Right Planning Principles Assessment

The proposal has been assessed against the four planning principles established by the NSW

Land and Environment Court in relation to existing use rights. The proposal is unlikely to result

in any unreasonable amenity impacts to adjoining properties and is considered reasonable for the

site. The siting of the building is acceptable and the breach of the height control is due to the

steepness of the site. Although there is no FSR control under the LEP, the site compares

favourably with what one would expect on a site with a compliant site cover of 45% and 4 levels

within a 12m height control.

Prescriptive requirements

In accordance with the decision in Fodor Investments v Hornsby Shire Council (2005), the

prescriptive requirements of planning instruments and development control plans cannot be

applied to the assessment of the application as they would detract from the Applicant's existing

use rights. The amended proposal has been assessed against the relevant planning principle and

found to be satisfactory as detailed above.

Zone Objectives

The objectives of the zone relating to residential development are expressed as follows:

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

environment.

To provide a variety of housing types within a medium density residential environment.

To encourage development sites for medium density housing if such development does

not compromise the amenity of the surrounding area or the natural or cultural heritage

of the area.

To provide for a suitable visual transition between high density residential areas and

lower density residential areas.

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

As the development directly adjoins the R4 High Density zoning, the proposal represents a

suitable transition and satisfies the above objectives.

SEPP (Affordable Rental Housing) 2009

The Affordable Rental Housing SEPP seeks to facilitate the retention and mitigate the loss of

existing affordable rental housing, and to employ a balanced approach between obligations for

retaining and mitigating such loss.



Part 3 of the SEPP provides for the retention of existing affordable rental housing and applies to

“low rental residential buildings”, which include residential flat buildings containing a low rental

dwelling.

The existing residential flat building at No.562a Miller Street accommodates three (3)

apartments, comprising 1 x 2 bedroom apartment and 2 x 3 bedroom apartments. The Managing

Agent has provided rental details for the property as at 28 January 2000 as follows:

Unit 1 (3 bedrooms): $400.00 per week



The Rent and Sales Report (March Quarter 2000) identifies the median weekly rental for a 2

bedroom apartment in the North Sydney Local Government Area (LGA) as being $360.00 per

week. Accordingly, it can be assumed that Unit 3 was a "low-rental dwelling" as at 28 January

2000. The Rent and Sales Report does not identify the median weekly rental for 3 bedroom

apartments. Irrespective, it is likely that Units 1 and 2 were also "low-rental dwellings" as at 28

January 2000.

The existing building is within the meaning of a “low-rental residential building” as it contains

“low-rental dwellings”, being all three units let at a rental not exceeding the median rental level

for that type of unit in the North Sydney LGA at 28 January 2000; therefore Part 3 applies.

The relevant provisions of the SEPP are considered below. When considering the reduction of the

availability of affordable housing, the consent authority is required under Clause 50(2) to take

into account the Guidelines and each of the following criteria in the SEPP:-

(a) Whether there is likely to be a reduction in affordable housing.

The development will result in the loss of three (3) low-cost dwellings containing eight (8)

bedrooms in total (comprising 1 x 2 bedroom and 2 x 3 bedrooms units).

(b) Whether there is available sufficient comparable accommodation to satisfy the demand

for such accommodation.

The average vacancy rate in private rental accommodation in Sydney for the 3 months

immediately preceding the date of lodgement of the DA has been below 3%. As the vacancy rate

is less than 3% it is concluded that there is insufficient comparable accommodation available to

satisfy demand for such accommodation, in accordance with Clause 50(3) of the SEPP.

(c) Whether the development is likely to cause adverse social and economic effects on the

general community.

Having regard to the existing resident profiles, the community wide impacts arising from the loss

of the units, and their replacement with larger higher end apartments, will likely include the

following:-

Loss of household diversity (socio-economic, structure, age and ethnicity);

Gentrification increasing the social isolation of any remaining low-income residents;

Increased rental market competition and loss of general housing affordability in North

Sydney; and

Reduced disposable income that would otherwise be spent on food and other essentials.



(d) Whether adequate arrangements have been made to assist the residents of the building

likely to be displaced to find alternative comparable accommodation.

The existing tenants will continue to occupy the apartments in accordance with their lease

agreements, and the Managing Agent will provide assistance for any of those residents who seek

to find alternative comparable accommodation at the expiry of the lease agreements. Should the

application be approved, the impacts should be mitigated through appropriate development

conditions requiring an affordable housing contribution, and measures to assist the residents of

the building to find alternative comparable accommodation.

Section 94F(5) of the EP&A Act allows for the imposition of conditions, other than land

dedication or monetary contributions, relating to the provision of affordable housing.

Accordingly, a condition requiring a Resident Relocation Plan is recommended to help residents

find and secure alternative accommodation. The condition is to be framed so as to prevent the

consent from operating until evidence is provided demonstrating to Council‟s satisfaction that the

requirements of the Relocation Plan are being met or residents being rehoused.

(e) The extent to which the development contributes to any cumulative loss of affordable

housing in the local government area.

The loss of three (3) low rental dwellings will compound the impact of the cumulative loss of

affordable housing in the North Sydney community that has been occurring over the last 30 years.

Council‟s Community Development Manager advises that, since 1984, Council records show at

least 2,000 affordable bed spaces have been lost in the LGA.

The 2011 Census records 86.55% of dwellings in North Sydney as unaffordable to those on low

incomes living in North Sydney. The number of persons on low incomes has dropped by 5.6% or

1,585 persons. Of those remaining, the proportion of those on low income who are suffering

housing stress was 45% in 2011 compared with 19.8% in 2006. The problem of affordable

housing has continued to increase in North Sydney.

(f) The structural soundness of the building, the extent to which the building complies

with any relevant fire safety requirements and the estimated cost of carrying out work

necessary to ensure structural soundness and compliance with fire safety

requirements.

Council‟s records contain no outstanding health and building notices or orders regarding the

property. The existing building is habitable; however, would require a whole of building upgrade

if redeveloped particularly with regard to bushfire safety.

(g) Whether the imposition of a condition requiring the payment of a monetary

contribution for the purposes of affordable housing would adequately mitigate the

reduction of affordable housing resulting from the development.

As the development will or is likely to reduce the availability of affordable housing within the

area, a condition for contributions for affordable housing, calculated in accordance with the

method set out in Section 94F of the EP&A Act, can be imposed under Clause 51 of the SEPP.

The contribution for the site is calculated as follows:-



C = L x R x 0.05

C = 8 (bedrooms lost) x $682,500* (replacement cost unit) x 0.05

C = $273,000

* Average of strata sales last four quarters published by Department of Planning and

Environment, pursuant to Clause 51(3) of the SEPP.

In accordance with the Department of Planning‟s Guidelines for the Retention of Existing

Affordable Rental Housing October 2009 (“Affordable Housing Guidelines”), a balanced

consideration of the assessment criteria is adopted. In this regard, a development assessed as

having poor outcomes under some of the criteria may nonetheless warrant approval if these are

outweighed by positive outcomes under other criteria, especially if the development can be

modified or conditions imposed to overcome or adequately mitigate the poor outcomes.

While the development will contribute to the continuing cumulative loss of affordable housing in

the North Sydney LGA, the loss of the low-rental units may be reasonably mitigated by way of a

monetary contribution, calculated to be $273,000, levied in accordance with the SEPP to

compensate for the loss of affordable bed spaces, and implementation of a resident relocation

plan to ensure residents are suitably rehoused.

On the balance of the above considerations, the development satisfies the requirements of the

Affordable Housing SEPP. In the circumstances of the case, the mitigation measures are

considered acceptable and adequate in mitigating the adverse impacts of the loss of the low rental

units.

SEPP 55 and Contaminated Land Management Issues

The subject site has been considered in light of the Contaminated Lands Management Act and it

is considered that as the site has been used for residential purposes for many years, contamination

is unlikely.

SREP (Sydney Harbour Catchment) 2005

The subject site is not within part of North Sydney that is required to be considered pursuant to

SREP (Sydney Harbour Catchment) 2005.

DEVELOPMENT CONTROL PLAN 2013

Relevant Planning Area (Palmer Neighbourhood)

The site is located in the Palmer Neighbourhood within the Cammeray Planning Area. The

Desired Future Character is "Predominately medium to high density residential development such

as attached dwellings, multi dwelling housing and residential flat buildings according to zone".

Proposed developments should provide "Substantial gardens in front setback especially facing

busy roads", and "Buildings should provide adequate separation to bushland areas".

The proposed development will contribute to the diversity and mix of uses in the neighbourhood

on the basis of the uses allowed on the site. The proposed development provides landscaping

within the front setback, and an appropriate setback to the bushland to the north.

The application has been assessed against the relevant controls in DCP 2013.



Bushland

The application was assessed by Council‟s Bushland Management Coordinator as satisfactory.

SEPP 65

The Policy applies to residential flat building developments of three or more storeys comprising 4

or more self contained dwellings. The policy is a matter for consideration in assessment of

development applications for residential flat buildings.

Nine design principles in SEPP 65.

The policy identifies 9 principles which provide a basis for evaluation of the merit of proposed

designs of residential flat buildings and for preparation of subsequent planning policies and

design guidelines.

Principle I – Context and Neighbourhood Character

The site is located within an established residential precinct characterised by a relative

predominance of residential flat buildings, with detached dwellings, semi-detached dwellings and

townhouses. The existing development represents a mix of building forms and architectural

styles. The proposed development responds to the context of the site by providing a building

form that maintains an appropriate height, scale and form when viewed from the public domain.

Principle 2 – Built Form and Scale

The building is of an appropriate scale and responds to the existing surrounding development

when viewed from the public domain. The original built form has been scaled back at the

recommendation of Council‟s Design Excellence Panel to provide a suitable building form.

The proposed building will have a diminished visual impact when viewed from the public

domain as the site is located below the main carriageway of Miller Street. Further, the building is

articulated along the side elevation to reduce the apparent bulk and scale when viewed from the

adjoining properties.

Principle 3 - Density

The dwelling mix is appropriate and consistent with the DCP controls. The density of the

building is acceptable. The proposal complies with the site cover controls but benefits from a

larger site area and floor plate.

Principle 4 - Sustainability

The proposed development makes efficient use of natural resources, and the provision of a car lift

minimises the excavation associated with providing a ramped driveway. The building also

provides for the use of energy efficient building materials and achieves a compliant Basix score.



Principle 5 - Landscape

The proposed landscaping will complement the architectural form of the building, and contribute

to an appropriate transition with the bushland.

Principle 6 - Amenity

Amenity to the apartments is provided through appropriate room dimensions, sunlight access,

natural ventilation, visual and acoustic privacy, storage, indoor/outdoor space, efficient

layouts/service areas, outlook and access.

Principle 7 - Safety

Internal and external safety and security is provided through casual surveillance of the public

domain from the main habitable rooms orientated towards Miller Street and the bushland. The

building provides a defined point of entry, and security lighting will be provided on the front

façade.

Principle 8 - Housing Diversity and Social Interaction

There is a mix of 1, 2, and 3 bedroom apartments in the development providing housing choice

diversity to the market. Level access is provided from Miller Street, with internal lift access to all

levels of the building.

Principle 9 - Aesthetics

The design reflects current architectural design. The amended design incorporates the

recommendations of the Design Excellence Panel and the schedule of finishes is appropriate.

The SEPP requires the consent authority to take into consideration the Apartment Design Guide

(ADG). The proposal satisfies the ADG with regard to the following:

The individual apartments are serviced by private open space accessed directly from the

main living rooms.

The living rooms are located on the external face of the building.

The individual apartments are serviced by private open space orientated towards the north

and accessed directly from the main living rooms.

The habitable rooms provide internal floor to ceiling heights of 2.7 metres and the size

and dimensions of the rooms provide good internal amenity.

The internal circulation space is of adequate width, and the corridor lengths are short,

with an efficient circulation core.

Storage areas are provided for all apartments, in addition to the internal storage space

within the individual apartments.

The building has been designed to maximise the sunlight penetration and northerly

aspect.

There are no rooms relying on lightwells as a source of daylight.

Twelve (75%) of the apartments will receive a minimum of 3 hours sunlight between 9

am and 3 pm in mid-winter.



Four of the apartments has a southerly aspect, however they will receive some morning or

afternoon sun to bedrooms.

All of the apartments will be naturally cross ventilated.

The maximum apartment depth is less than 18 metres to an external opening.

The roof form reflects the contemporary architectural style of the building, and its scale

and three dimensional form.

The building services are integrated into the building and roof design and recessed behind

the external walls.

SECTION 94 CONTRIBUTIONS

A Section 94 contribution is warranted for the increase in density from 1 x 2 bedroom and 4 x 3

bedroom apartments to 1 x 1 bedroom; 6 x 2 bedroom and 9 x 3 bedroom apartments:

Administration $1,596.81

Child Care Facilities $2,783.75

Community Centres $7,295.84

Library Acquisition $1,360.87

Library Premises & Equipment $4,209.91

Multi Purpose Indoor Sports Facilities $1,149.44

Open Space Acquisition $45,885.50

Open Space Increased Capacity $90,953.02

Olympic Pool $3,744.16

Public Domain Improvements $3,595.38

Traffic improvements $4,413.01

The total contribution is: $166,987.69



MATERIALS

The materials are considered to be satisfactory and consistent with the surrounding area.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

All likely impacts of the proposed development have been considered within the context of this

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment



4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities 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 concerns have mainly been addressed within the report. The remaining concerns are

addressed below:

Concern with carlift; Two nearby developments have mechanical lifts servicing underground

carparks; Parking in Cambridge Street and Miller Lane has become impossible as residents

prefer to park in streets during day than use the lifts; Would cause precedent to adjoining sites to

provide lifts to carparks

The car lift is considered reasonable due to the steepness of the site that drops away from the

street with half the residential levels below street level. On these sites it becomes impractical to

provide a conventional carpark requiring ramp access. Due to the small number of spaces,

waiting time would not be excessive. Further advice was submitted from the traffic consultant

that the probability of 2 cars being queued in the system (i.e. with one car in the lift and a second

vehicle waiting to enter or exit) is only 2.6%. The proposed car lift arrangements will allow all

vehicles to enter the car lift from Miller Street whilst travelling in a forward direction, park in

their allocated parking space and then retum to Miller Street also travelling in a forward

direction. It is difficult to control where residents will park on the street, however if the on street

parking becomes restricted residents/owners of this property would not receive a resident permit.

Impact on rock face and damage caused by excavation; Works could jeopardise foundation of

building

Appropriate conditions with regard to dilapidation reports, geotechnical, structural reports and

supervision are included in the recommended conditions.


The footprint of the existing building is less than permitted under Council‟s DCP. Retaining the

existing building footprint is not a Council control for new development. The amended proposal

has been reduced in scale to comply with the 45% site cover control.


The footprint has been restricted to a site coverage that has regard to appropriate setbacks from

the front and side boundaries and the slope of the site. The existing ground levels in the northern

portion of the site are being retained, and normal precautions will be taken during the

construction of the proposed development to ensure there are no adverse impacts in terms of

runoff and water quality. Amended plans satisfy Council‟s Bushland Management Coordinator

and Council‟s Landscape Development Officer.




The aesthetics of the building were accepted by Council‟s Design Excellence Panel. The

applicant responded to all suggestions from the DEP. There is adequate landscaping to the front

of the building.

Loss of natural light to neighbouring properties and overshadowing

The applicant has submitted sun‟s eye view diagrams that demonstrate that overshadowing is

minimal and within acceptable limits that would not warrant refusal of the application.

Intrusion on views

The amended plans provide for adequate side setbacks and maintain public views to the

bushland. Views from adjacent properties not affected other than bushland views across the site.

The siting of the building is appropriate, as is the site coverage. The impacts are what would be

expected with an appropriate form of development. The property affected could be redeveloped

to a similar scale as the proposal with increased site cover.

Loss of privacy

No unacceptable impacts are caused on neighbouring properties subject to conditions requiring

some minor modifications. The majority of apartments (other than one that faces street) have

their living areas and balconies facing the rear bushland. The side terraces on level 6 need to be

conditioned to be non trafficable to resolve any privacy issue. The eastern side of the rear terrace

to unit 501 on level 5 will require a planter box 1m high by 600mm width with plants to grow to

a minimum height of 600mm so that the landscaping provides a screen to the side yard and

terrace and a restriction on residents coming to the edge of the terrace to look towards the

adjoining building. The eastern side living room windows on levels 3 and 4 will require obscure

unopenable glazing to a height of 1600mm from the floor level or be replaced with highlight

windows with a sill height of 1600mm from the floor level.

Inconsiderate waste placement

The bin enclosure is located in an appropriate location to allow access to residents and for

collection by Council. The enclosure is to be fenced with landscape screening and has to comply

with Council guidelines with regard to finishes and hygiene. The bin area can be enclosed further

with doors and slab roof. It also permits external access to the rear of the site to permit

maintenance of the landscaping.

Excessive excavation

The excavation for basement, plant and storage areas is less than 70% of the site area. No part of

the rear of the site will be excavated. The basement does not extend the full width of the site.

Finished ground level is generally within 500mm of existing ground level, other than where

access is required along the side boundaries. The habitable rooms are above existing ground level

along the main (northern) facade. Excavation is proposed within 1m along portions of the side

boundaries to formalise the pedestrian access arrangements.



Ineffective landscaping

Council requires a minimum of 40% of the site to be landscaped. 46% landscaped area is

provided with 42% as deep planting. The larger areas of landscaped area are not fragmented and

remain usable. The proposed driveway is more than 500mm from the boundaries, and the

pathway along the eastern boundary is consistent with similar side footpaths in the locality.

Planting is provided to the frontage and to screen the bin enclosure. Council‟s Landscape

Development Officer considers the landscaping to be acceptable.

Lack of stepping

The rear wall is 4 storeys high with level 5 further setback and level 6 setback again from the rear

elevation. The stepping is appropriate, additional setbacks would not achieve any benefits with

regard to shadow impacts.

Noise and safety during construction

Standard appropriate conditions are recommended to minimise impacts during construction and

address safety concerns.

Inadequate side setback, should be compliant with ADG

The side setbacks required in a R3 zone vary between 900mm and 2.5m. The proposal has a

setback on its eastern side of 3m and between 1m and greater with a weighted average of 3m on

its western side. The setbacks are greater than the setbacks of adjacent buildings. The proposed

development involves partial variations to the side boundary setback controls. The amended

plans increased side setbacks of the upper levels (5m and 2.5m plus) as recommended by the

DEP. It is noted that there are no windows or living areas on the western elevation and that there

are no balconies facing the eastern elevation. The ADG recommends a 6m separation between

non habitable rooms for 4 storeys and 9m for buildings having 6 stories. The number of storeys

vary due to the slope of the site and the partial excavation of the lower 2 levels. It is considered

reasonable to accept the proposal with 3m and 4.5m setbacks from the eastern boundary being

half of the minimum ADG recommended separation distance. It would be expected that No.564A

and 566 would provide a similar setback should they consolidate and redevelop in the future. To

insist on 6m minimum setbacks would have a severe constraint on the redevelopment of their

site.

Need for a construction management plan at DA stage

The Construction Management Plan is usually provided prior to issue of the Construction

Certificate. It often requires the input of the builder. Approval of the plan is required from

Council‟s Traffic Manager to ensure that the construction and traffic impacts are within

acceptable limits. It is not anticipated that construction will be a problem but it may be a

challenge. It is noted that large construction projects were recently undertaken on Miller Street to

the east without the benefit of the slip road.


The amended plans addressed this concern with regards to the front building line.



CONCLUSION

The two existing buildings enjoy existing use rights and one is classified as affordable housing.

The application is referred to NSIPP due to the public interest and breach of height control.

The original proposal for 22 apartments was considered excessive in bulk and scale. The

applicant was advised that the proposal was not supported by Council staff or the Design

Excellence Panel. Amended plans were submitted to reduce the proposal to 16 apartments which

involved a reduction in site coverage to be compliant with Council‟s DCP.

This application has been amended and refined to address concerns raised by Council and the

Design Excellence Panel and is now considered a satisfactory form of development, subject to

the recommended conditions of consent. The application has been assessed against the relevant

statutory controls with regard to surrounding development. The application is recommended for

approval.

RECOMMENDATION

PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

THAT North Sydney Independent Planning Panel, as the consent authority, grant consent to

Development Application No.19/16 for demolition of the existing buildings and erection of a six

storey residential flat building containing 16 dwellings with basement parking for 18 cars, subject

to the attached conditions.

Geoff Mossemenear Stephen Beattie

EXECUTIVE PLANNER MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

562A-564 MILLER STREET, CAMMERAY DEVELOPMENT APPLICATION NO. 19/16

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

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

Plan No. Issue Title Drawn by Received

DA100 E Site plan Julie Cracknell & Peter Lonergan 16 May 2016 DA101 E Level 1 Julie Cracknell & Peter Lonergan 16 May 2016 DA102 E Level 2 Julie Cracknell & Peter Lonergan 16 May 2016 DA103 E Level 3 Julie Cracknell & Peter Lonergan 16 May 2016 DA104 E Level 4 Julie Cracknell & Peter Lonergan 16 May 2016 DA105 E Level 5 Julie Cracknell & Peter Lonergan 16 May 2016 DA106 E Level 6 Julie Cracknell & Peter Lonergan 16 May 2016 DA107 E Roof Julie Cracknell & Peter Lonergan 16 May 2016 DA201 E Cross sections Julie Cracknell & Peter Lonergan 16 May 2016 DA301 E East elevation Julie Cracknell & Peter Lonergan 16 May 2016 DA302 E West elevation Julie Cracknell & Peter Lonergan 16 May 2016 DA303 E North & south elevations Julie Cracknell & Peter Lonergan 16 May 2016 LPDA 16-320/1

F Landscape Plan Conzept Landscape Architects 16 May 2016

LPDA 16-320/1

B Landscape Plan Detail Conzept Landscape Architects 16 May 2016

(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.

ATTACHMENT TO IPP06 - 06/07/2016 Page 37

562A-564 MILLER STREET, CAMMERAY DEVELOPMENT APPLICATION NO. 19/16 Page 2 of 54

September 2013 v1

All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.


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

External Finishes & Materials A3. External finishes and materials as shown on the submitted plans to be in accordance

with the submitted schedule, unless otherwise modified by Council in writing.

DA301 E East elevation Julie Cracknell & Peter Lonergan 16 May 2016 DA302 E West elevation Julie Cracknell & Peter Lonergan 16 May 2016 DA303 E North & south elevations Julie Cracknell & Peter Lonergan 16 May 2016


accordance with the determination of Council, Public Information) B. Matters to be Completed before the lodgement of an Application for a Construction

Certificate Construction and Traffic Management Plan B1. Prior to issue of any Construction Certificate, a Construction and Traffic Management

Plan must be prepared. The following matters must be specifically addressed in the Plan: 1. A plan view (min 1:100 scale) of the entire site and frontage roadways

indicating:

a) Dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways,

b) RTA approved signage type and location to manage pedestrian in the vicinity, c) The Construction Zone will not be permitted on Miller Street

d) Locations and type of hoardings proposed,

(as per RMS requirement),

e) Area of site sheds and the like, f) Location of any proposed crane standing areas, g) A dedicated unloading and loading point within the site for all construction

vehicles, plant and deliveries, h) Material, plant and spoil bin storage areas within the site, where all materials

are to be dropped off and collected. i) The provision of an on-site parking area for employees, tradesperson and

construction vehicles as far as possible.



September 2013 v1

j) The residents/occupiers are to be updated on a monthly basis and at key construction stages and be provided with a phone number to contact the site manager.

2. A detailed description and route map of the proposed route for vehicles

involved in spoil removal, material delivery and machine floorage must be provided:

a) Light traffic roads and those subject to a load or height limit must be avoided

at all times. b) Once approved from North Sydney Council

, a copy of the route is to be made available to all contractors, and shall be clearly depicted at a location within the site.

3. Traffic Control Plan(s) for the site incorporating following:

a) All Traffic control measures proposed in the road reserve that are in accordance with the RMS publication “Traffic Control Worksite Manual” and designed by a person licensed to do so (minimum RMS ‘red card’ qualification).

b) The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each.

4. A Waste Management Plan must be in accordance with the provisions of Part B

Section 19 of the North Sydney DCP 2013 must be provided. The Waste Management Plan must include, but not be limited to, the estimated volume of waste and method of disposal for the construction and operation phases of the development, design of on-site waste storage and recycling area and administrative arrangements for waste and recycling management during the construction process.

5. Evidence of RMS concurrence where construction access is provided directly or

within 20 m of an Arterial and/or Classified Road; 6. A schedule of site inductions to be held on regular occasions and as determined

necessary to ensure all new employees are aware of the construction management obligations. These must specify that construction-related vehicles to comply with the approved requirements; and

7. For those construction personnel that drive to the site, the Site Manager shall

attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area.



September 2013 v1

A suitably qualified and experienced traffic engineer or consultant shall prepare the Construction and Traffic Management Plan. The construction management measures contained in the approved plan must be implemented in accordance with the plan prior to the commencement of, and during, works on-site. As the plan has a direct impact on the local road network and public amenity, the plan must be submitted to and reviewed by Council prior to the issue of any Construction Certificate. A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained and must be submitted as part of the supporting documentation lodged with the Certifying Authority for approval of the application for a Construction Certificate. A copy of the approved Construction and Traffic Management Plan must be kept on the site at all times and be made available to any officer of the Council on request.

Notes:

1) North Sydney Council’s adopted fee for certification of compliance with this

condition shall be payable on lodgement, or in any event, prior to the issue of the relevant approval.

2) Any use of Council property will require appropriate approvals and demonstration of liability insurances prior to such work commencing.

3) Failure to provide complete and detailed information may result in delays. It is recommended that your Construction Management Plan be lodged with Council as early as possible.

4) Dependent on the circumstances of the site, Council may request additional information to that detailed above.

(Reason: To ensure appropriate measures have been considered for site access,

storage and the operation of the site during all phases of the demolition and construction process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)

Resident Relocation Plan – N0.562a Miller Street B2. A written report is to be provided to Council’s Community Development Manager

establishing that:-

(a) there will be no adverse effect on the security of employment of tenants/ residents as a result of displacement/relocation;

(b) none of the tenants/residents are in need of medical/health services support that would be jeopardised by the proposed displacement/ relocation;

(c) the tenants/residents will not be at risk of homelessness as a result of the development and are capable of finding suitable alternative accommodation;

(d) the tenants/residents will not be evicted until suitable accommodation is secured; (e) adequate notice has been / will be given to tenants/residents;



September 2013 v1

(f) all tenants/residents have been or will be suitably re-housed prior to any work commencing.

The report is to include details as to how the above information was gathered, whether through survey, telephone or otherwise, and the dates of data collection. Written concurrence from North Sydney Council will be required to demonstrate satisfactory compliance with the condition, with this to be supplied to the Certifying Authority. The preparation of the Resident Relocation Plan is to be at no cost to Council. The applicant shall bear the costs associated with the engagement/employment of any consultant and/or social worker, and any financial/monetary assistance to residents provided under the Plan, at no cost to Council. Note: A profile of tenants’/residents’ needs in advance of the termination date is recommended. Every effort should be made to mitigate the disruption and allow tenants/residents the opportunity to secure replacement accommodation as close to the original as possible.

(Reason: To ensure orderly, timely and effective relocation of residents to

alternative and suitable accommodation) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Staged Construction C1. The works may be carried out in stages with the relevant conditions being satisfied

prior to the issue of a construction certificate for each stage as follows:

Stage Conditions to be satisfied Prior to demolition of existing buildings, and below ground structure CC

B1, B2, C2, C3, C4, C5, C6, C7, C8, C9, C10, C13, C14, C16, C17, C19, C20, C22, C28, C36, C39, C40

Prior to building construction CC The remainder of C and L conditions

(Reason: To allow Staged construction)



September 2013 v1

Dilapidation Report Damage to Public Infrastructure

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

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

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 Report Private Property (Excavation) C3. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.

The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.

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

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



September 2013 v1

Note: This documentation is for record keeping purposes only, and may be used by the developer 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: To record the condition of property/ies prior to the commencement of

construction) Dilapidation Survey Private Property (Neighbouring Buildings) C4. A photographic survey and dilapidation report of adjoining properties No’s.

2A Cambridge Street and 564a Miller 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.

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)



September 2013 v1

Structural Adequacy of Adjoining Properties – Excavation Works C5. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining properties and Council infrastructure within the properties, which certifies their ability to withstand the proposed excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties 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.

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

in close proximity during excavation works) Shoring for Adjoining Property C6. Where any shoring for excavation is to be located on or is supporting Council’s

property, or any adjoining private property, engineering drawings certified as being adequate for their intended purpose by an appropriately qualified and practising structural engineer, showing all details, including the extent of excavation, encroachment and the method of removal and de-stressing of shoring elements, backfilling and compacting of over-excavated cavities on Council’s and/or private property with fill suitable for its purpose, must be first submitted to the Council with “ Temporary Tieback Anchors and Associated Works Application”. The temporary tieback anchors shall be at a minimum depth of 1.5 m below the surface levels of the footpath and roadway.

A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained. Approved “Temporary Tieback Anchors and Associated Works Application” must be submitted to the Certifying Authority for approval with Construction Certificate. A copy of this documentation must be provided to the Council for record purposes. Backfilling and compacting of over-excavated cavities must be addressed as the build up is progressing through the basements to ensure that compaction is reliable.

Note: Approval of engineering drawings for shoring works to be located on adjoining property by the Certifying Authority does not authorize a trespass on private or public land. All relevant permissions/ legal rights must be obtained to undertake any works on adjoining land.

(Reason: To ensure the protection of existing public infrastructure and adjoining

properties)



September 2013 v1

Geotechnical Report C7. Prior to issue of the Construction Certificate a Geotechnical/Civil Engineering report

must be prepared which addresses at a minimum (but is not limited to) the following:

a) The type and extent of substrata formations by the provision of a minimum of four (4) representative borehole logs which are to provide a full description of all material from ground surface to 1.0 m below the finished basement floor level and include the location and description of any anomalies encountered in the profile. The surface and depth of the bore hole logs shall be related to Australian Height Datum;

b) The appropriate means of excavation/shoring in light of point (a) above and

proximity to adjacent property and structures. Potential vibration caused by method of excavation and potential settlements affecting nearby footings/foundations shall be discussed and ameliorated;

c) The proposed method to temporarily and permanently support the excavation

for the basement adjacent to adjoining property, structures and road reserve if nearby (full support to be provided within the subject site);

d) The existing groundwater levels in relation to the basement structure, where

influenced; e) The drawdown effects on adjacent properties (including road reserve), if any,

the basement excavation will have on groundwater together with the appropriate construction methods to be utilized in controlling groundwater. Where it is considered there is the potential for the development to create a “dam” for natural groundwater flows, a groundwater drainage system must be designed to transfer groundwater through or under the proposed development without a change in the range of the natural groundwater level fluctuations. Where an impediment to the natural flow path is constructed, artificial drains such as perimeter drains and through drainage may be utilized; and

f) Recommendations to allow the satisfactory implementation of the works. An

implementation program is to be prepared along with a suitable monitoring program (as required) including control levels for vibration, shoring support, ground level and groundwater level movements during construction. The implementation program is to nominate suitable hold points at the various stages of the works for verification of the design intent before sign-off and before proceeding with subsequent stages.



September 2013 v1

The geotechnical report must be prepared by a consulting geotechnical/ hydrogeological engineer with previous experience in such investigations and reporting. It is the responsibility of the engaged geotechnical specialist to undertake the appropriate investigations, reporting and specialist recommendations to ensure a reasonable level of protection to adjacent property and structures both during and after construction. The report shall contain site-specific geotechnical recommendations and shall specify the necessary hold/inspection points by relevant professionals as appropriate. The design principles for the geotechnical report are as follows:

a) No ground settlement or movement is to be induced which is sufficient enough

to cause an adverse impact to adjoining property and/or infrastructure; b) No changes to the ground water level are to occur as a result of the

development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;

c) No changes to the ground water level are to occur during the construction of

the development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;

d) Vibration is to be minimized or eliminated to ensure no adverse impact on the

surrounding property and infrastructure occurs, as a result of the construction of the development;

e) Appropriate support and retention systems are to be recommended and suitable

designs prepared to allow the proposed development to comply with these Design Principles; and

f) An adverse impact can be assumed to be crack damage as identified within the

relevant Australian Standard for determining such damage. The report, satisfying the requirements of this condition, must be provided as part of the supporting documentation lodged with the Certifying Authority for approval of the Construction Certificate application. The professional recommendations of the report shall be implemented in full during the relevant stages of excavation and construction.

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

during the excavation process) Geotechnical Certificate C8. A certificate prepared by an appropriately qualified Geotechnical Engineer certifying

that the existing rock formations and substrate on the site is capable of: a) Withstanding the proposed loads to be imposed;



September 2013 v1

b) Withstanding the extent of the proposed excavation, including any recommendations for shoring works that may be required to ensure the stability of the excavation;

c) Providing protection and support of adjoining properties; and d) The provision of appropriate subsoil drainage during and upon completion of

construction works. The Certifying Authority must ensure that the building plans and specifications

submitted by the Applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

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

during the excavation process) Sediment Control C9. Where construction or excavation activity requires the disturbance of the soil surface

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

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.



September 2013 v1

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 C10. 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:

• The estimated volume of waste and method of disposal for the construction

and operation phases of the development; • The design of the on-site waste storage and recycling area; and • 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) No External Service Ducts C11. Service ducts must be provided within the building to keep external walls free of

plumbing, drainage or any other utility installations. 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 quality built form of the development)

Basement Car park to comply with relevant standards

C12. The basement layout must comply with all requirements of Australian Standard

AS2890.1. Certification from a suitably qualified and practicing Civil Engineer that the basement design will comply with the requirements of the Australian Standard must be provided to the Certifying Authority for approval prior to issue of any Construction Certificate.

(Reason: To ensure the basement layout complies with relevant standards)



September 2013 v1

Required Infrastructure Works –Roads Act 1993 C13. Prior to issue of the Construction Certificate the applicant must have engineering

design plans and specifications prepared by a qualified civil design engineer. The plans and specifications must be to a detail suitable for construction issue purposes and must provide detail and specification for the following infrastructure works to be completed as part of the development. The responsibility for accuracy of the design fully rests with the designing engineer. All responsibility on implementation and supervision of works specified on design plans fully rests on designing engineer or whoever is chosen to be applicant’s engineering representative:

Road Works

a) Construction of a fully new replacement concrete footpath is required across the entire site frontage in Miller Street. The new footpath must match the existing one in levels. A longitudinal section is required along the footpath edges at a scale of 1:50 extending 5m past the property frontage. The footpath shall be designed at the present footpath levels or on a single straight grade of 3% falling to top of kerb) so that it is uniform without showing signs of dipping or rising particularly at entrances.

b) The redundant layback crossings on Miller Street must be reinstated as upright kerb gutter and concrete footpath.

c) Half Road surface Reconstruction. d) construction of a new replacement kerb and gutter is required across the entire

site frontage in Miller Street. A longitudinal section is required along the gutter line (existing and proposed levels), at a scale of 1:50 extending 5m past the property boundary line.

e) cross sections at a scale of 1:50 along the centre-line of each access point to

the building must be provided and are to show the calculated clearance to the underside of any overhead structure. All the entry points are to comply with the Building Code of Australia (BCA), including disability requirements. The Council approved footpath levels must be accommodated at the building entry points.

Drainage Works

a) replacement of existing stormwater pit and lintel in front of the property in Miller Street with a standard grated gully pit with extended kerb inlet (1.8m lintel) in the kerb fronting the subject site in Miller Street. The pit must be constructed in accordance with Councils “Infrastructure Specification for Roadworks, Drainage and Miscellaneous Works”.



September 2013 v1

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. Certifying Authorities must not issue a Construction Certificate without the formal written approval of Council (as Roads Authority) under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with North Sydney Council’s current documents Infrastructure Specification for Road Works, Drainage and Miscellaneous Works and Performance Guide for Engineering Design and Construction. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. A detailed survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RMS Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Council Roads Act 1993 approval.

Note: A minimum of 21 days will be required for Council to assess Roads Act

submissions. Early submission is recommended to avoid any delays in obtaining a Construction Certificate. A fee to cover cost of assessment (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

(Reason: To ensure infrastructure works are designed and constructed to appropriate standards and requirements of the Roads Act 1993)

Driveway Crossing and associated works permit C14. Prior to the issue of the Construction Certificate, North Sydney Council must issue the

applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘Vehicular Access Application’ form with payment of the adopted assessment/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The responsibility for accuracy of the design fully rests with the designing engineer. All responsibility on implementation and supervision of works specified on design plans fully rests on designing engineer or whoever is chosen to be applicant’s engineering representative. The civil design drawings shall detail the following infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways must comply with AS 2890.1 and Council’s current Vehicular Access Application Guidelines and Specification (gutter bridges not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor.



September 2013 v1

b) The redundant layback crossings on Miller Street must be reinstated as upright kerb gutter and concrete footpath.

c) The brand new vehicular crossing must match the existing one by position, in width and in levels.

d) The vehicular laybacks must be set square to the kerb. e) The gutter levels and road shoulder levels on Miller Street must stay unchanged. f) Any twisting of driveway access to ensure vehicles do not scrape must occur

wholly within the subject property. g) All inspection openings, utility services must be adjusted to match the proposed

driveway levels and location. h) The design detail has to be provided with vehicular access application and must

include sections along centre-line and extremities of the crossing at a scale of 1:25. Sections are to be taken from the centre of the roadway through to the parking area itself and shall include all changes of grade and levels, both existing and proposed.

i) A longitudinal section along the gutter line of Miller Street at a scale of 1:50 showing how it is intended to transition the layback with the existing gutter levels and shall include all changes of grade and levels, both existing and proposed.

j) A longitudinal section along the footpath edges at a scale of 1:50 is required and shall include all changes of grade and levels, both existing and proposed.

k) The sections must show the calculated clearance to the underside of any overhead structure.

l) All details of car lift facility must be provided. m) A swept path analysis is required demonstrating that an 85th percentile vehicle

can manoeuvre in and out of the garage spaces in accordance with AS 2890.1 2004 "Off Street Parking".

All driveway and infrastructure works on the road reserve must proceed in accordance with the terms of the permit issued by Council. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued.

(Reason: To facilitate appropriate vehicular access to private sites, without

disruption to pedestrian and vehicular traffic) Foundations Adjacent to Drainage Easements C15. The foundations for building structures and walls adjacent to the drainage easement

are to be constructed in such a manner that does not affect stormwater drainage lines. 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 allow maintenance without affecting the building and to ensure

there is no damage to public assets)



September 2013 v1

Stormwater Management and Disposal Design Plan / Construction issue detail C16. 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 via OSD system and directly connected to Council’s stormwater gully pit in Miller Street and/or to council’s drainage line within the drainage easement. When a direct connection to the pit option is implemented then the pipeline within the footpath area shall have a minimum cover of 300mm.

c) All civil and drainage works within the road reserve and Council’s stormwater drainage easement shall be designed and built in accordance with Council’s current “Infrastructure Specification”. Prior to issue of the Construction Certificate the applicant must have engineering plans and specifications, prepared by a qualified civil drainage design engineer. Council must approve the plans and specifications, in writing, prior to issue of any Construction Certificate by the Certifying Authority. The documentation must provide engineering construction detail for the following public infrastructure works that must be completed as part of the approved development. Council reserve the right of keeping all bonds on infrastructure works for 12 month defects liability period.

d) Any proposed fence is to be constructed so as not to impede the natural overland flow along the line of the easement.

e) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.

f) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit, directly to Council’s nearest stormwater drainage lines. Details of all plans certified as being adequate for their intended purpose and complaint with the provisions of AS3500.3.2 by an appropriately qualified and practising civil engineer, shall be submitted with the application for a Construction Certificate.

g) The design and installation of the Rainwater Tanks shall comply with Basix and Sydney Water requirements. Overflow from tank shall be connected by gravity to the stormwater disposal system.

h) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.

i) Provide subsoil drainage to all necessary areas with pump out facilities as required.

j) The foundations for building structures and walls adjacent to the drainage easement are to be constructed in such a manner that does not affect stormwater drainage lines.



September 2013 v1

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)

On-Site Stormwater Detention C17. On site detention must be provided to ensure that the maximum discharge from the

site is not exceeded discharge which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 100 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Director of Assets and Infrastructure Services. Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

Determination of the require cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Runoff Volume 1, 1987 Edition. Engineering calculations, design and certification complying with this condition must be provided by an appropriately qualified and practicing Civil Engineer and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure appropriate provision is made for the disposal and

management of stormwater generated by the development, and to ensure that public infrastructure in Council’s care and control is not overloaded)

Pump-Out System Design for Stormwater Disposal C18. The design of the pump-out system for stormwater disposal will be permitted for

drainage of basement areas only, and must be designed in accordance with the following criteria:

a) The pump system must consist of two pumps, connected in parallel, with each

pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;



September 2013 v1

b) The pump system shall be regularly maintained and serviced, every six (6) months;

c) The creation of a Positive Covenant (under the provision of the Convincing

Act) on the property title to ensure the maintenance of the Pump System on the property being developed. Prior to Occupation Certificate, details are to be submitted to Council for approval before registration with the Land Titles Office.

Engineering details demonstrating compliance with these criteria, and certified by an appropriately qualified and practicing civil engineer must be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure adequate provision is made for the discharge of sub-surface

stormwater from the excavated parts of the site) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C19. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $45,000.00 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;


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

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


September 2013 v1

• the 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 bond 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) Work Zone C20. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be issued by the Council prior to the issue of any Construction Certificate. Work Zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Works Zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the Works Zone is approved by the Committee, the Applicant must obtain a written copy of the related resolution from the North Sydney Local Traffic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the Committee, including installation of the necessary ‘Work Zone’ signage and payment of any fees, must occur prior to commencement of any works on the site. Further, at the expiration of the Work Zone approval, the developer is required to remove the Work Zone signs and reinstate any previous signs, all at the developer's cost. The requirements imposed by the Committee on the Work Zone permit (or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Maintain Property Boundary Alignment Levels C21. Except where otherwise approved by Council, the property boundary alignment levels

must match the levels which existed prior to the commencement of works. Plans and specifications which document existing and proposed levels adjacent to the site boundaries and which comply with the requirements of 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 interface between property and public land remains uniform)



September 2013 v1

Garden Bed Bond C22. Prior to the issue of any construction certificate, security in the sum of $5,000.00 must

be provided to Council for the protection of the Council Garden Bed adjacent to the western boundary. The security is to be provided in accordance with the Schedule below. The security must be provided by way of:

• a deposit with the Council; or • a guarantee satisfactory to Council (such as a bank guarantee with no expiry

date).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.

If any tree or shrub in the Garden Bed is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work. (Reason: Protection of existing environment public infrastructure, community

assets) Tree Protection Measures to be shown on Construction Drawings C23. The tree protection measures contained in the Arborists Arboricultural Impact

Statement prepared by Lee Hancock Consulting Arporist, received by Council on 4 February 2016, shall be shown clearly on the Construction Certificate drawings. Plans and specifications showing the said tree protection measures must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure the construction plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that appropriate tree protection measures are shown on

construction drawings) Protection of Trees C24. The following tree(s) are required to be protected and retained as part of the

development consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Tree Location Height (m) All trees shown retained and protected on the approved landscape plan

562a-564 Miller Street and the property adjoining the western boundary of the subject property.

Var.6 - 25 metres.



September 2013 v1

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. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets) Approval for removal of Trees C25. The following tree(s) are approved for removal in accordance with the development

consent:

Tree Location Height (m) All trees shown as removed on the approved Landscape Plan

Various locations within the property Various 5-12 metres

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

(Reason: Protection of existing environmental and community assets) Pruning of Trees C26. All pruning works shall to the following tree shall be undertaken in accordance with

the proposed pruning programme contained within the Arborists Arboricultural Impact Statement referred to in this consent. Under the supervision of the Arborist who wrote the Arboricultural Impact Statement in accordance with Australian Standard AS 4373-2007 - Pruning of Amenity Trees:

Tree Location Height (m) Eucalyptus pililaris

Growing on the adjoining property and as described in the Arborist Arboricultural Impact Statement

25 metres

(Reason: To ensure the protection and longevity of existing significant trees)



September 2013 v1

Garbage and Recycling Facilities C27. An appropriate area must be provided within the premises for the storage of garbage

bins and recycling containers and all waste and recyclable material generated by this premises. The following requirements must be met:

a) all internal walls of the storage area must be rendered to a smooth surface,

coved at the floor/wall intersection, graded and appropriately drained with a tap in close proximity to facilitate cleaning;

b) provision for the separation and storage in appropriate categories of material

suitable for recycling;

c) the storage area must be adequately screened from the street, with the entrance to the enclosures no more than 2m from the street boundary of the property.

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. Note: The applicant may wish to discuss bin storage requirements and location with

Council’s Environmental Services prior to finalisation of the required detail, and a copy of Council’s Waste Handling Guide should be obtained for reference purposes before the design is finalised.

(Reason: To ensure the provision of appropriate waste facilities for residents and

protect community health, and to ensure efficient collection of waste by collection contractors)

Asbestos Material Survey C28. 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.



September 2013 v1

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) Noise from Plant and Equipment C29. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant and equipment operating contemporaneously on the site or in the strata scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when measured at the boundary of any affected receiver . The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment Operations Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected receiver. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain an appropriate level of amenity for adjoining land uses)

Vibration from Plant and Equipment C30. The use of all plant and equipment to be installed on the premises must comply with

the vibration limits specified in “Assessing Vibration: a technical guideline” issued by the NSW Environment Protection Authority, at the boundary of any affected receiver.



September 2013 v1

A certificate from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants must be submitted to the Certifying Authority, certifying that all plant and equipment on the site, together with the proposed plant and equipment, operating contemporaneously will comply with the requirements of this condition. 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. “affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship and commercial premises and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected residence. “contemporaneously” means existing at or occurring in the same period of time (Macquarie Dictionary 3rd rev. ed. 2004).

(Reason: To maintain an appropriate level of amenity for adjoining land uses)

Air Conditioners in Residential Premises C31. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not: (a) emit a noise that is audible within a habitable room in any affected residence

(regardless of whether any door or window to that room is open);

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or

(ii) before 7.00am or after 10.00pm on any other day

(a) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence.

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity)



September 2013 v1

Acoustic Privacy (Residential Apartments) C32. Noise levels in sole occupancy units of residential apartments must not exceed the

following:

Location Maximum Habitable Rooms other than Sleeping Areas 40 LAeq (1hr) Sleeping Areas 35 LAeq (1hr)

The “Maximum” limits are to apply in any hour of a 24 hour period with the windows of the sole occupancy unit closed.

“habitable room” has the same meaning as in the Building Code of Australia

A floor separating sole occupancy units shall have a weighted standardised impact sound pressure level L’nT,w not more than 55dB when measured in-situ in accordance with AS ISO 140.7-2006 “Field measurements of impact sound insulation of floors" and rated to AS ISO 717.2-2004 “Rating of sound insulation in buildings and of building elements. Part 2: Impact sound insulation”. This clause shall not apply to the floor of a kitchen, bathroom, toilet or laundry in a residential sole occupancy unit. Mechanical equipment such as lift plant, air conditioning plant servicing the building and pumps shall not be located immediately adjacent bedrooms. A statement from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, certifying that the acoustic mitigation measures outlined above have been satisfied, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. (Reason: To comply with best practice standards for residential acoustic

amenity) Noise and Vibration from Major Roads C33. To minimise the impact of noise from the adjoining major road or rail corridor, the

building shall be acoustically designed and constructed to comply with the requirements of the State Environmental Planning Policy (Infrastructure) 2007 and State Environmental Planning Policy (Infrastructure) Amendment (Schools and TAFE Establishments) 2008.

To minimise the impact of vibration from any adjoining rail corridor, the building shall be acoustically designed and constructed to comply with the requirements of “Assessing Vibration: a technical guideline” issued by the NSW Environment Protection Authority. (Reason: To comply with State regulations and to ensure a suitable level of

amenity not affected by excessive noise and vibration from surrounding activities)



September 2013 v1

Noise and Vibration Compliance Certification Prior to Issue of Construction Certificate C34. A certificate from an appropriately qualified acoustical consultant eligible for

membership of the Association of Australian Acoustic Consultants, certifying that suitable measures have been incorporated into the development and that the noise criteria contained in the conditions herein have been satisfied, must be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

The Principal 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 maintain an appropriate level of amenity for adjoining land uses)

Mechanical Exhaust Ventilation C35. A statement from an appropriately qualified and practising Mechanical Engineer is

required detailing how the exhaust ventilation system will be installed in accordance with AS1668. 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 compliance with acceptable standards for the construction

and operation of mechanical plant) Construction Noise Management Plan C36. A Construction Noise Management Plan must be prepared by an appropriately

qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, and must include the following:

(a) Identification of noise affected receivers near to the site. (b) A prediction as to the level of noise impact at noise affected receivers from the

use and proposed number of high noise intrusive appliances intended to be operated onsite.

(c) Details of work schedules for all construction phases; (d) A statement should also be submitted outlining whether or not predicted noise

levels will comply with the noise criteria stated within the Environment Protection Authority’s Interim Construction Noise Guideline (“ICNG”).

(e) Representative background noise levels should be submitted in accordance

with the ICNG.



September 2013 v1

(f) Confirmation of the level of community consultation that is to be undertaken by occupants at noise affected receivers likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.

(g) Confirmation of noise monitoring methodology that is to be undertaken during

the noise intensive stages of work including details of monitoring to be undertaken at the boundary of any noise affected receiver.

(h) What course of action will be undertaken following receipt of a complaint

concerning offensive noise. (i) Details of any noise mitigation measures that have been outlined by an

acoustic consultant or otherwise that will be deployed on site to reduce noise impacts on the occupants at noise affected receivers.

(j) Details of selection criteria for any plant or equipment that is to be used on

site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on occupants at noise affected receivers and other less intrusive technologies available; and

(k) Details of site induction to be carried out for all employees and contractors

undertaking work at the site.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing.

“boundary” includes any window or elevated window of an affected residence.

The Construction Noise Management Plan and must be submitted to the Principle Certifying Authority and a copy provided to Council prior to the issue of the Construction Certificate.

(Reason: To ensure noise generating activities are appropriately managed and

nearby sensitive receivers protected) Underground Electricity and Other Services C37. All electricity and telecommunication provision to the site is to be designed in

conjunction with Energy Australia and any other relevant authority so that it can be easily connected underground when the street supply is relocated underground. 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.



September 2013 v1

(Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground)

Adaptable Housing C38. Two apartments are to be designed with accessible features for disabled persons, and

must incorporate level entries and wider doorways and corridors, slip resistant surfaces, reachable power points, disabled toilet, and lever door handles and taps. These features are to be designed generally in accordance with the relevant Australian Standard 4299 - 1995. 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 equity of access and availability of accommodation in the

future for an ageing population) Affordable Housing Contribution C39. A contribution in the amount of $273,000.00, pursuant to the provisions of Division

6A of the Environmental Planning and Assessment Act 1979 and Part 3 of the State Environmental Planning Policy (Affordable Rental Housing) 2009, shall be made to Council.

The contribution shall be paid prior to determination of the application for a Construction Certificate.

The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price (All Ordinaries) Index applicable at the time of the payment of the contribution.

(Reason: To mitigate against the loss of affordable rental housing)

Section 94 Contributions C40. A monetary contribution pursuant to the provisions of Section 94 of the

Environmental Planning and Assessment Act 1979, in accordance with the North Sydney Council Section 94 Contribution Plan for the public amenities/ services detailed in column A below and, for the amount detailed in column B below, must be paid to Council.



September 2013 v1

Administration $1,596.81

Child Care Facilities $2,783.75

Community Centres $7,295.84

Library Acquisition $1,360.87

Library Premises & Equipment $4,209.91

Multi Purpose Indoor Sports Facilities $1,149.44

Open Space Acquisition $45,885.50

Open Space Increased Capacity $90,953.02

Olympic Pool $3,744.16

Public Domain Improvements $3,595.38

Traffic improvements $4,413.01

The total contribution is: $166,987.69

The contribution MUST BE paid prior issue of any Construction Certificate. The above amount, will be adjusted for inflation by reference to the Consumer Price (All Ordinaries) Index applicable at the time of the payment of the contribution. A copy of the North Sydney Section 94 Contribution Plan can be viewed at North Sydney Council’s Customer Service Centre, 200 Miller Street, North Sydney or downloaded via Council’s website at www.northsydney.nsw.gov.au (Reason: To retain a level of service for the existing population and to provide

the same level of service to the population resulting from new development)

Security Deposit/ Guarantee Schedule C41. 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 ($) Street Tree Bond (on Council Property) 5,000.00 Drainage Damage Bond 6,500.00 Drainage Construction Bond 3,500.00 Engineering Construction Bond 35,000.00 TOTAL BONDS $50,000.00



September 2013 v1

Note: The following fees applicable

Fees Section 94 Contribution $166,987.69 Affordable Housing Contribution

$273,000.00

TOTAL FEES $439,987.69

(Reason: Compliance with the development consent) BASIX Certificate C42. 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. 698075_02M 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) Level 5 and level 6 terrace and eastern windows C43. The eastern side of the rear terrace to unit 501 on level 5 shall be provided with a

planter box 1m high by 600mm width with plants to grow to a minimum height of 600mm so that the landscaping provides a screen to the side yard and terrace and a restriction on residents coming to the edge of the terrace to look towards the adjoining building.

The terraces on both sides at level 6 shall be non trafficable. The eastern side living room windows on levels 3 and 4 shall have obscure unopenable glazing to a height of 1600mm from the floor level or be replaced with highlight windows with a sill height of 1600mm from the floor level.

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 neighbour’s amenity)



September 2013 v1

D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Notification of New Addresses D2. Prior to the commencement of any building works, an application must be made and

written confirmation received from North Sydney Council of the allocated street address (house number) and/ or unit numbers of the completed project. To assist Council, a plan for unit numbering should be submitted for concurrence. These details will be recorded in Council records and must be displayed at the property in accordance with the provisions of the applicable Australian Standard relating to rural and urban addressing. A copy of the allocation confirmation must be submitted to the Certifying Authority with the application for a Construction Certificate.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Sydney Water Approvals D3. 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.



September 2013 v1

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

D4. 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; 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

D5. Building work, demolition or excavation in accordance with this development consent

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

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

commencement of any building work, demolition or excavation)



September 2013 v1

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

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

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

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

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not

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

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

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

(Reason: Public Safety)



September 2013 v1

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

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met) Temporary Disposal of Stormwater Runoff E5. During construction, stormwater runoff must be disposed in a controlled manner that

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

(Reason: Stormwater control during construction)

Geotechnical Stability during Works E6. A contractor with specialist excavation experience must undertake the excavations for

the development and a suitably qualified and consulting geotechnical engineer must oversee the excavation procedure.

Geotechnical aspects of the development work, namely appropriate excavation method and vibration control, support and retention of excavated faces, and Hydro geological considerations must be undertaken in accordance with the recommendations of the Geotechnical Report prepared by qualified Geotechnical Engineer and all subsequent geotechnical inspections carried out during the excavation and construction phase. Approval must be obtained from all affected property owners, including North Sydney Council where rock anchors (both temporary and permanent) are proposed below adjacent private or public property. (Reason: Ensure appropriate professional are engaged at appropriate stages

during construction)



September 2013 v1

Council Inspection of Public Infrastructure Works E7. During the works on public infrastructure reverting to Councils care and control,

Council’s development engineer must undertake inspections of the works at the following hold points: -

a) Formwork of driveway crossing and footpath alignment levels and associated road

works b) Drainage connection. Further, all works must proceed in accordance with Roads Act 1993 approvals or other permits relating to roads issued by Council. A minimum of 48 hours notice must be given to Council to book an inspection. Work must not proceed until the works or activity covered by the inspection is approved.

(Reason: To ensure quality of construction joints and connections in the drainage

system) Progress Survey E8. In order to ensure compliance with approved plans, a Survey Certificate, to Australian

Height Datum, must be prepared by a Registered Surveyor as follows: -

a) at the completion of the first structural floor level indicating the level of that floor and the relationship of the building to the boundaries;

b) at the completed height of the building, prior to the placement of concrete

inform work, or the laying of roofing materials; and c) at completion, the relationship of the building, and any projections thereto, to

the boundaries.

Progress certifications in response to points (a) through (c) must be provided to the Certifying Authority for approval at the time of carrying out relevant progress inspections. In the event that such survey information is not provided or reveals discrepancies between the approved plans and the proposed works, all works, save for works necessary to bring the development into compliance with the approved plans, must cease. Works may only continue upon notification by the Certifying Authority to the Applicant that survey information (included updated survey information following the carrying out of works to comply with the approved plans) complies with this condition.

(Reason: To ensure compliance with approved plans)



September 2013 v1

Dust Emission and Air Quality E9. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

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

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

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

Noise and Vibration E10. 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) Compliance with Construction Noise Management Plan E11. All works conducted on site which form part of this development must be carried out

in accordance with the submitted Construction Noise Management Plan submitted with the Construction Certificate and all conditions of consent.

(Reason: To ensure noise generating activities are appropriately managed and

nearby sensitive receivers protected) Developer's Cost of Work on Council Property E12. 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)



September 2013 v1

Transplanting of Trees on Public Property E13. The Livistona Palm proposed for removal in the Council Bed adjacent to the western

boundary of the property shall be transplanted into the garden bed proposed at the front of the property to the satisfaction of Councils Landscape Development Officer or donated to Council for planting in an alterative location on Council property. Contact by ph. on 99368100

(Reason: Protection of existing environmental infrastructure and community

assets) Protection of Trees E14. All trees required to be retained, as part of this consent must be protected from any

damage during construction works in accordance with AS4970-2009. All recommendations contained within the tree report prepared by Lee Hancock Consulting Arporist, received by Council on 4 February 2016, must be implemented for the duration of the works. (Reason: Protection of existing community assets)

Special Permits E15. Unless otherwise specifically approved in writing by Council, all works, processes,

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

1) On-street mobile plant

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

(Reason: Proper management of public land)



September 2013 v1

2) Hoardings

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


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

Council’s property

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


4) Kerbside restrictions, construction zones

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


Construction Hours E16. 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.



September 2013 v1

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) Out of Hours Work Permits E17. 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.



September 2013 v1

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 E18. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.


erosion from development sites) Sediment and Erosion Control Signage E19. 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.


erosion from development sites) Site Amenities and Facilities E20. 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.


http://www.northsydney.nsw.gov.au/�


September 2013 v1

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 E21. 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) Archaeological Discovery During Works E22. Should any historical or Aboriginal relic be discovered on the site during demolition,

excavation or site preparatory works, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW must be informed in accordance with the provisions of the Heritage Act 1977 and/or National Parks and Wildlife Act, 1974. Works must not recommence until such time as approval to recommence is given in writing by Council or a permit from the Director of the NPWS is issued.

(Reason: To prevent the unnecessary destruction or removal of unrecorded

historical or Aboriginal relics) Prohibition on Use of Pavements E23. 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 E24. 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.



September 2013 v1

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 E25. 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 E26. 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) Support for Neighbouring Buildings E27. 1) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a) Must preserve and protect the building from damage;

b) If necessary, must underpin and support the adjoining building in an

approved manner Subject to adjoining owner’s consent); and

c) Must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

2) The owner of the adjoining allotment of land is not liable for any part of the

cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.


http://www.northsydney.nsw.gov.au/�


September 2013 v1

3) In this clause, allotment of land includes a public road and any other public place.

(Reason: To ensure adjoining owner’s property rights are protected and protect

adjoining properties from potential damage) Structures Clear of Drainage Easements E28. It is the full responsibility of the Developer and their contractors to: -

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

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

site.

Drainage pipes can be damaged through applying excessive loading (such as construction plant, material storage and the like). All proposed structures and construction activities are to be located clear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland flow paths must not be impeded or diverted by fill or structures unless otherwise approved. In the event of a Council drainage pipeline being uncovered during construction, all work is to cease and the Certifying Authority and Council (if it is not the Certifying Authority) must be contacted immediately for advice. Any damage caused to a Council drainage system must be immediately repaired in full as directed, and at no cost to Council.

(Reason: Protection of Public Drainage Assets) Noxious Plants E29. 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 interfere with a quality landscape outcome)

F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory)



September 2013 v1

Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a principal contractor is required to be

appointed:

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

6 of that Act, or

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.

2) If arrangements for doing residential building work are changed while the work is in progress such that the information submitted to Council in accordance with this conditions is out of date, work must cease and no further work may be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

Note: A certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA)

F3. Building work, demolition or excavation in accordance with the development consent must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or excavation)



September 2013 v1

Construction Certificate

F4. Building work, demolition or excavation in accordance with the development consent must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.



Occupation Certificate

F5. A person must not commence occupation or use of the whole or any part of a new building (new building

includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory) 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.



Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate professional standards.



September 2013 v1

2) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

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

AS2601- Demolition of Structures.

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

Protection of Public Places F9. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

3) The work site must be kept lit between sunset and sunrise if it is likely to be

hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work has been completed.

5) No access across public reserves or parks is permitted.

Note: Prior to the erection of any temporary fence or hoarding over property owned

or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.

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

Site Sign F10. 1) A sign must be erected in a prominent position on the site

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

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



September 2013 v1

c) showing the name, address and telephone number of the Principal Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work

is being carried out, but must be removed when the work has been completed.

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

(Reason: Maintain quality of Public assets)

Certification- Civil Works G2. a) An appropriately qualified and practising Civil Engineer must certify to the

Certifying Authority that the stormwater drainage system is constructed in accordance with this consent and the provisions of the applicable Australian Standard. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority) upon completion of the development works and prior to the issue of an Occupation Certificate.

b) An appropriately qualified and practicing Civil Engineer must certify to the

Certifying Authority that the vehicular crossing and associated works and road works were constructed in accordance with this consent and any approval for works in the road reserve issued by the Council and RMS. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority), upon completion of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)



September 2013 v1

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)

Covenant & Restriction (Stormwater Control Systems)

G4. An Instrument pursuant to Sections 88 B and 88E

of the Conveyancing Act 1919 and one copy must be submitted to Council in registrable form, providing for:

a. a restriction as to user and positive covenant as to user as appropriate in favour of North Sydney Council burdening 562 A Miller Street requiring the ongoing

retention, maintenance and operation of the stormwater facility (on-site

detention and pump-out);

b. North Sydney Council being nominated in the Instrument as the only party authorised to release, vary or modify the Instrument;

c. the wording on the Instrument making reference to the Council file/s which

hold: (a) the Construction plans; and (b) the “Work-as-Executed” (as built) plans;

Upon Council being satisfied as to the terms of the Instrument, North Sydney Council’s official seal will be affixed to these documents, prior to submission to the Land & Property Information Office for registration.

The Instrument creating the restriction and/or covenant under Sections 88B and 88E required by this condition of consent must be registered on the Title of the development site prior to the issue of an Occupation Certificate or commencement of use of the site, whichever is the earlier. Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate. All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system)



September 2013 v1

Pump-Out Maintenance G5. Prior to issue of an Occupation Certificate a Maintenance Regime must be prepared

for the stormwater pump-out system and submitted to the Principal Certifying Authority for approval with the Occupation Certificate documentation. The regime must specify that the system is to be regularly inspected and checked by qualified practitioners. The basement stormwater pump-out system must be maintained in accordance with the approved Maintenance Regime at all times.

(Reason: To ensure future provision for maintenance of the drainage system)

Notification of New Address Developments G6. Prior to any Occupation Certificate being issued, the person acting upon this consent

must comply with the following: -

(a) Notify Australia Post of the address(es) as issued by Council and the location in plan form of any secondary, internal addresses, in relation to built public roads. Check Australia Post Website (www.auspost.com.au) to find your nearest Australia Post Delivery Facility.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Asbestos Clearance Certificate G7. 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.


http://www.auspost.com.au/�


September 2013 v1

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) Certification of Tree Condition G8. Prior to the issue of an Occupation Certificate, a report prepared by the appointed

Arborist must be submitted to the Certifying Authority, describing the health of the tree specifically nominated below: -

2 x Eucalyptus pilularis growing on the adjoining property The report must detail the condition and health of the nominated trees upon completion of the works, and shall certify that the trees have not been significantly damaged during the works on the site, and have reasonable prospects for survival.

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

Landscaping G9. The landscaping shown in the approved landscape plan numbered LPDA 16-320/1

issue F prepared by Conzept Landscape Architects and received by Council on 16 May 2016 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) Required Tree Planting or Donation G10. On completion of works and prior to the issue of an Occupation Certificate trees in

accordance with the schedule hereunder must be planted within the property or donated to Council. Schedule

Tree Species Location Pot Size Livistona Palm ) Council Garden Bed adjacent to the

western boundary) N.A

(Reason: to ensure that an existing Council Palm Tree can be retained/ relocated)

Sydney Water G11. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained.



September 2013 v1

The final Section 73 Certificate must be submitted to the Certifying Authority prior to release of any linen plan for subdivision or prior to occupation of the development, whichever is the earlier.

Notes: Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au\customer\urban\index, or telephone 13 20 92. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. (Reason: To ensure compliance with the statutory requirements of Sydney

Water) House Numbering (Dwellings) G12. Prior to any Occupation Certificate being issued an application must be made to North

Sydney Council for written confirmation, or allocation, of the street address(es) or apartment number(s) for the completed project in accordance with Council's Property Addressing Policy. These are the numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2011.

Note: If apartments are to be sold off the plan, the applicant must have written confirmation from Council of the address and apartment numbering if the apartment number is to be identified on the contract.

(Reason: To ensure that Council records are accurate, and that house numbering complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Damage to Adjoining Properties G13. 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;



September 2013 v1

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) L. General terms of approval pursuant to Section 91A of the Environmental Planning

and Assessment Act 1979, (as amended) Rural Fire Services terms of approval

Asset Protection Zones The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: L1. At the issue of subdivision certificate or the commencement of building works

(whichever comes first) and in perpetuity the entire property shall be managed as an inner protection area (lPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document ‘Standards for asset protection zones'.

Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: L2. The provision of water, electricity and gas shall comply with section 4.1.3 of 'Planning

for Bush Fire Protection 2006'. Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:



September 2013 v1

L3. New construction on the northern and western elevations and roofing shall comply with Sections 3 and 9 (BAL FZ) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'. However, any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 Methods for fire tests on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack-Large flaming sources shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.

L4. Windows assemblies shall comply with modified Sections 3 and 9 of AS3959 (as

above) or the following. i. They shall be completely protected by a non-combustible and non perforated

bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) & (f); and

ii. They shall comply with the following: a) Window frames and hardware shall be metal; b) Glazing shall be toughened glass, minimum 6mm, or the window system shall

satisfy the performance criteria of AS1530.8.1 ‘Methods for fire tests on building materials, components and structure – Part 8.1 Tests on elements of construction for buildings exposed to bushfire attack – Radiant heat and small flaming sources’ for BAL 40 except that flaming of the specimen is not permitted and there shall be no exposed timber;

c) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5;

d) The openable portion of the window shall be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh shall be metal.

L5. External Doors (excluding garage doors) shall be completely protected by a non-

combustible and non perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) & (0; and shall comply with the following: a) Doors shall be non-combustible; b) Externally fitted hardware that supports the panel in its function of opening and

closing shall be metal; c) Where doors incorporate glazing, the glazing shall be toughened glass minimum

6mm or the door system shall satisfy the performance criteria of AS1530.8.1 ‘Methods for fire tests on building materials, components and structure – Part 8.1 Tests on elements of construction for buildings exposed to bushfire attack – Radiant heat and small flaming sources’ for BAL 40 except that flaming of the specimen is not permitted and there shall be no exposed timber;

d) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5;

e) Doorframes shall be metal; f) Doors shall be tight fitting to the doorframe or an abutting door; g) Weather strips, draught excluders or draught seals shall be installed if applicable.



September 2013 v1

L6. New construction on the southern and eastern elevations shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

L7. There is to be no exposed timber on the proposed building. L8. Roofing shall be gutterless or guttering and valleys are to be screened to prevent the

build up of flammable material. Any materials used shall be non-combustible. L9. All new fencing shall be non-combustible. L10. External hand rails shall be non-combustible. L11. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for

Bush Fire Protection 2006'.


,4

:

STREET

North Sydney CouncilCopyright:

Copyright O North Sydney Council - No pad ofth¡s map may be reproduædwithoul pêrmission. Commerc¡al docisions should not bê mâde based oninformalion æntainod ¡n this map without fÌrst chêcking details h6ld by thoresponsible Govornmont authoriiy.

Furthor details can b€ obta¡ned by @ll¡ng (02) 9936 8'100 or e-ma¡lmapp¡[email protected].


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.

Re: Existing use rights -564 Miller Street, Cammeray

MEMORANDUM OF ADVICE

Mr Gordon HartleyHartley SolicitorsSuite 50425 Lime StreetSYDNEY NSW 2OOO

T: 0437 998 795

Liability limited by a scheme approved under ProfessionalStandards Legislation.


2

I

2

Re: Existing use rights - 564 Miller Street, Cammeray

MEMORANDUM OF ADVICE

My instructing solicitors act for Modog Pty Limited ('Modog'), the owner of 5624 and

564 Miller Street, Cammeray.

I am instructed that Modog has lodged a development application ('DA') with North

Sydney Council ('Council') seeking development consent to demolish the existing

buildings and construct a residential flat building on the land known as 5624 and 564

Miller Street, Cammeray. The DA was submitted to Council on the basis that the land

subject of the DA benefits from existing use rights.

I am further instructed that Council has sought further information from Modog to

establish that existing use rights indeed attach to 564 Miller Street, Cammeray ('the

Land').

4. lam instructed

a. Presently erected on the Land is a building which contains 2 flats, configured

one on top of the other.

b. That the 2 flats have been continually used as separate dwellings since the

construction of the existing building in approximately 1940.

c. The Land is zoned R3 - Medium Density Residential pursuant to the North

Sydney Local Environmental Plan 2013 ('LEP').

d. Residential flat buildings became prohibited in the R3 zone at the introduction

of the LEP. Attached dual occupancies are permissible in the R3 zone.

3.

Jacinta Reid I Barrister


3

Historical approvals

5. I am instructed that the applicant has undertaken a search of Council's files in relation

to 564 Miller Street and has been unable to discover the source document for the

development consent of the existing building. Notwithstanding, Council's electronic

files note that the building application (tile 19401400099)was approved by Council for

'Block of two flats' on 16 April 1940. The file also includes a stamped approved plan,

which shows the configuration of the flats. I am instructed that the layout of the flats

remains in a similar configuration to the approved plans today.

Advice Sought

6. I am requested to advise whether Council may reasonably form the opinion that the

continuing use of the Land as'twoflats'hasthe benefitof existing use rights pursuant

to Part 4, Division 1 0 of the Environmental Planning and Assess ment Act 1979.

Summary of Advice

7. On the information provided to me, I am of the opinion that Land benefits from existing

use rights. For the reasons set out in my advice, it is open to Council to determine the

DA on the basis that existing use rights for residentialflats exist.

Leq islative backsrou nd

8. Section 106 of lhe Environmental Planning andAssessment Act 1979 ('the Act')

defines an existing use to be:

(a) the use of a building, work or land for a lav'iul purpose immediately before the coming intoforce of an environmental planning instrument which would, but for Division 4 of this Part, havethe effect of prohibiting that use, and

(b) the use of a building, work or land:(¡) for which development consent was granted before the commencement of a provision

of an environmental planning instrument having the effect of prohibiting the use, and

(ii) that has been carried out, within one year after the date on which that provisioncommenced, in accordance with the terms of the consent and to such an extent as toensure (apart from that provision) that the development consent would not lapse.

9. Section 108 of the Act relevantly provides

The regulations may make provision for or with respect to existing use and, inparticular, for or with respect to:

the carrying out of alterations or extensions to or the rebuilding of abuilding or work being used for an existing use, and

the change of an existing use to another use, and

the enlargement or expansion or intensification of an existing use...

(1)

(a)

(b)

(c)



4

The provisions (in this section referred to as the incorporated provisions) ofany regulations in force for the purposes of subsection (1) are taken to beincorporated in every environmental planning instrument.

An environmental planning instrument may, in accordance with this Act,contain provisions extending, expanding or supplementing the incorporatedprovisions, but any provisions (other than incorporated provisions) in such aninstrument that, but for this subsection, would derogate or have the effect ofderogating from the incorporated provisions have no force or effect while theincorporated provlsions remain in force.

10. The relevant clauses of the Environmental Planning and Assessment Regulation 2000

("the Regulation") are clauses 39 to 46. These clauses permit the rebuilding, alteration,

extension, expansion, enlargement or intensification of an existing use, but only with

development consent. They also permit the change of an existing use to another use

permissible within the zone (and in limited circumstances prohibited in the zone), again

only with development consent.

11 ln determining whether there is an existing use within the meaning of the Act it is

necessary to examine whether the use now prohibited was being lawfully undertaken

on the Land immediately before the prohibiting provision came into effect.

12. ln order to do this, it is necessary to understand the nature of the planning controls

when the use commenced. lt is also necessary to know what the consent issued for

the use of the Land in fact permitted, and how (if at all) the use has changed over time.

Only in this way can it be known whether the use was in fact lawful immediately before

it became prohibited.

The terms of Council's 1940 approval

13. The precise terms of Council's 1940 approval are not known. The terms may be

inferred from Council's building application register which gives applications a file

number and describes the 'proposed works'. The application was numbered

'1940/400099", and described the works as 'Block of two flats". The owner was noted

as "Park, J.H.", the architect "Wollaston, H.V." and the Builder "Park, J.N". The

estimated value of the works was noted as 1600 pounds. Council's records also

include a single sheet of plans which show two self-contained dwellings.

The planninq reqime in 1940 as applicable to 564 Miller Street Cammerav

14. ln order to understand the 1940 approval in context and to infer precisely what Council

approved at that time, it is necessary to examine the legislative regime then applicable

(2)

(3)



5

15. The LocalGovernmenf Act 1919 (NSW) commenced on I January 1920. Section

305(1) empowered the council of a municipality (such as North Sydney) to control and

regulate the erection of buildings in accordance with the controls set out in Part Xl.

"Erection" included "any structuralwork or any alteration, addition, or rebuilding"

(s304). lt was prohibited to erect or use a building in contravention of the Act

(s306(1)). Further, it was prohibited to occupy or use a building for residential

purposes if it was erected for any purpose other than residential purposes without prior

consent (s306(2)). Section 311 provided that a building "shall not be erected or altered

unless the approval of the Council is obtained therefor beforehand". Once an approval

issued, section 315 required substantial commencement within 12 months of the

approval, failing which the consent lapsed.

16. On 11 November 1921, OrdinanceTl was proclaimed under the Local Government

Act 1919, and applied to the North Sydney Municipality. Part lV of Ordinance No. 71

applied to 'residential flat buildings' and set development controls for that type of

development.

17. ln 1928, the Local Government (Amendment) Act 1928 (NSW) amended the Local

Government Act 1919 to prohibit residential flat buildings in areas where a residential

district proclamation was made.

18. I am instructed that whilst parts of North Sydney were proclaimed to be residential

districts, pursuant to s309 of the Local Governmenf Act 1919 between 1931-1937, the

subject site was not so proclaimed and therefore Ordinance 71 continued to apply to

permit residential flat buildings on Land, without the prohibitions referred to in s309(1)

of the Local Governmenf Act 1919 which applied specifically to proclaimed districts.

19. Neither "residential flat" nor "residential flat building" was defined in the Local

Government Act 1919 at that time. However, Ordinance No 71 defined "residentialflat

building" as:

'Residential flat building' means a building containing tvvo or more flats, but does not ¡nclude a rowof two or more dwellíngs attached to each other such as are commonly known as semi4etached orterrace buildings.

20. That definition is distinctly different to the current definition in the LEP, which defines a

residentialflat building as'containing 3 or more dwellings'.

21. At the time the consent was issued on I March 1940, there was no restriction on the

erection of residentialflats on the Land.



6

22. The land is now zoned R3- medium density under the LEP. ln that zone, dwelling

houses and attached dual occupancies are permitted with consent but residentialflat

buildings are prohibited. ln the LEP, 'residentialflat building' is defined to mean 'a

building containing 3 or more dwellings, but does not include an attached dwelling or

multi dwelling housing'. The LEP also defines 'dual occupancy (attached)'to mean '2

dwellings on one lot of land that are attached to each other, but does not include a

secondary dwelling'. Attached dual occupancies are permissible in the R3 zone.

Gharacterisation of the existing use

23. ln Jojeni lnvestments Pty Ltd v Mosman Municipal Council[2015] NSWCA 147,

Justice Leeming, with whom Gleeson JA and Macfarlan JA agreed, considered a

similar factual situation that called for the characterisation of an historical consent that

approved use as 'two flats'

24. ln Jojeni, Justice Leeming considered the relevant authorities on the proper

characterisation of existing uses at 171l-1761and concluded that the'appropriate level

of generality to describe the existing use rs as a building containing'flats', as opposed

to the Council's submission of a building containing two flats.' The basis of that

reasoning included that one would not separately categorise a residentialflat building

containing I flats and a residentialflat building containing 7 flats, accordingly, the

distinction would not be made when 2 flats were approved.

25. Whilst dual occupancy development was prohibited in the Jojenimatter (where they

are here permissible development), the Court of Appeal determined, having regard to

the proper characterisation of the similarly worded consent for 'two flats' that the

development was a 'residentialflat building' rather than a 'dual occupancy'. Given that

there was no such use as dual occupancy under Ordinance 71, it must follow that the

intention at the time of the grant of consent, was to approve 'residential flats', being a

building containing 2 or more flats. At paragraph [85] in Jojeni, Leeming J found that

'the fact that subsequent local environmental plans distinguish between dual

occupancies and residentialflat buildings is no sound basis to characterise the existing

use more narrowly'.

26. Having regard to the authority in Jojeni, the approval by Council of 'block of two flats'

on I March 1940, the planning regime in force at the time of the approval and the

continuous residential use of the two flats, the current use of 564 Miller Street,



7

Cammeray is properly characterised as a residential flat building, being an existing use

pursuant to s106 of the Environmental Planning and Assessment Ad 1979.

Conclusion

27. I am of the opinion that it is reasonably open to the Council to form the opinion that the

Land benefits from existing use rights.

28. I so advise

I June 2016Chambers

JACINTA REID

Liability limited by a scheme approved under Professional Standards Legislation

,

Jacinta Reid I Barríster


GRAGIOIH1 & I||]ITRGAII ARGIIITTGIS Pil lilIPeter Lonergan, NSW Architect's Registrat¡on No. 5983A: 156a Church Street, Newtown NSW 2042P: +61 (2) 9565 1554W: www.cracknelllonergan.com.au

SOLAR ACCESS INVESTIGATIONMID.WINTER & EQUINOX

SUPPLEMENTARY DOCUMENTATION FOR DA ISSUE D

562A - 564 MILLER STREET, CAMMERAY

Cracknell & Lonergan Architects Pty Ltd Page I of 22


GNAG[IIÍll& IOIIEBGIII ARGHITEGTS PTY 1IIIPeter Lonergan, NSW Architect's Registration No. 5983A: 156a Church Street, Newtown NSW 2042P: +61 (2) 9565 1554W: www.cracknelllonergan.com.au

01 : VERIFICATION STATEMENT

Prepared to Accompany the Application submitted to Council

Prepared On: 16 JUNE 2016

Project Address: 5624 - 564 MILLER STREET CAMMERAY

Prepared For: MOORE DEVELOPMENT GROUP

Prepared By: Cracknell & Lonergan Architects Pty Ltd

Statement of Qualifications

Peter Lonergan is a Registered Architect in New South Wales, in accordance with the provisions andrequirements under the Architect's Act 2003 No 89 (NSW). His registration number with the New SouthWales Architect's Registration Board is 5983.

Statement of Verification

The office of Cracknell & Lonergan Architects Pty Ltd (CLA), under the supervision of Peter Lonergan,Director, has been responsible for the design of the project at the aforementioned address since itsinception. CLA has worked with related professionals, consultants and experts in respect of the matter wherenecessary.

Peter Lonergan verifies that this Solar Access lnvestigation has been written in accordance with theprovisions and assessment criteria stipulated within the relevant New South Wales State Legislation,encompassing but not limited the North Sydney Local Environmental Plan and North Sydney DevelopmentControl Plan. Peter Lonergan verifies that the proposal has taken reasonable design initiative has beentaken to minimise potential overshadowing impacts to surrounding properties where appropriate.

Peter LonerganDirectorCracknell Lonergan Architects Pty LimitedNSW Architects Registration No. 5983

Cracknell & Lonergan Architects Pty Ltd Page 2 of 22


GR[Gl0lt]l& l,0llt[GAll ARGlllïEGTS PïY LillPeter Lonergan, NSW Architect's Registration No. 5983A: 156a Church Street, Newtown NSW 2042P: +61 (2) 9565 1554W: www.cracknelllonergan.com.au

05: PREDICTED SOLAR ACCESS METHODOLOGYA: 3D Digital Model

The review and analysis for solar access was conducted through the use of a Three-Dimensional (3D) Digital

Model in the Trimble SketchUp software package, prepared by Cracknell & Lonergan Architects.

The model includes white block representation of relevant adjacent buildings, so that any overshadowingeffects may be fully assessed. By the use of the 3D Digital Model, quantification of solar access takesaccount of all relevant overshadowing and self-shading.

The model has been geo-located using software within Trimble SketchUp linked to Google Maps.The geolocation of the model is as follows.Latitude: 33.848134 SouthLongitude: 151.205555East

True north has been verified through reference and alignment with the digital AutoCAD survey and with

reference to the cadastral grid north. A selection of spot points based on the survey drawing has been usedto check a limited number of relevant heights and dimensions against the architectural drawings, and themodel has been deemed to be sufficiently accurate for the purpose of solar access and overshadowingassessment.

The examination of the design uses a'view from the sun' methodology, The projection referred to as a'viewfrom the sun' shows all sunlit surfaces at a particular given time and date. lt therefore allows for a precise

count of sunlight hours on a glazed or horizontal surface, with little or no requirement for secondarycalculations or interpolation. Note that a 'view from the sun' by definition does not show any shadows.

The 3D Digital Model for the purposes of communicating different crucial aspects of the analysis has beensubdivided into three colour-coded models. Examples of the setup for each of the analysis segments areprovided in the subsequent pages.

Neighbourhood Overshadowing Analysiso A comparative hourly analysis of solar amenity conditions on the adjoining neighbour and

the potential impacts the proposed development may induce.

Cracknell & Lonergan Architects Pty Ltd Page 3 ol 22


GRAGKIIT11 & IOIITRGIII ARÍIHITTGTS PÏY lilIPeter Lonergan, NSW Architect's Registration No. 5983A: '156a Church Street, Newtown NSW 2042P: +61 (2) 9565 1554W: www.cracknelllonergan.com.au

B: CHARACTERISATION AND DEFINITION OF 'SOLAR ACCESS AMENITY'

For the purposes of calculating the compliance with the control, examination of sun patches on the relevanthorizontal surfaces and glazing, with reference to the Apartment Design Guide has been made. lt should be

noted however that for the determination of what maybe constituted as 'effective sunlight' for the

characterisation of compliance, for both glazing and the communal open space, specific references are to bemade of the relevant Land and Environment Court Planning Principle The Benevolent Society v WaverlyCouncil (201 0) NSWLEC 1 082.

ln accordance with the aforementioned guides, large angles of incidence to the glazing surfaces, unusably

small areas of sunlit glazing have been disregarded and do not constitute 'effective sunlight.' Reasonably

sized sun patches which hit the internal walls of units, has however been deemed appropriate and worthy ofconsideration as 'effective sunlight'for the purposes of this report. This is because, as noted in the definition

established in Land and Environment Court Parsonage v Ku-ring-ga¡ (2004) NSWLEC 3a7; Q004) 139

LGERA 254, the guidelines relate to the area of glazing of a window in sunlight and not exclusively limited to

the measurement of sunlight from the floor as stipulated within the Apartment Design Guide.

(The full case details of The Benevolent Society vs. Waverly Council NSWLEC 1082 and ruling may be

accessed via: https://www.caselaw.nsw.gov.au/decision/549f966a3004262463b038c9).

A second important point noted in the case Benevolent Society is the partial clarification of "Relevant

assessment benchmark - being hours of 9AM - 3PM" in consideration of solar access amenity. Whilst set up

as a criterion within the Apartment Design Guide, there is no necessary socio-environmental impact justifying

why sun entering apartments prior to or after this specific time period cannot be considered a reasonable

form of 'solar access amenity'. As a result, and in considering the provisions of the design guidance

Objectives, this report has used a time period of 8AM - 4PM in consideration of 'reasonable' solar access

amenity for the units.

Cracknell & Lonergan Architects Pty Ltd Page 4 of 22


Documents

Item - REPORTS · Report of Geoff Mossemenear, Executive Planner Page 2 Re: 562a - 564 Miller Street Cammeray EXECUTIVE SUMMARY This development application seeks Council‟s approval