Reports -04/07/18

Item ____LPP05______- REPORTS -______04/07/18______

NORTHSYDNEYCOUNCILREPORTS

NSLPP MEETING HELD ON 04/07/2018 Attachments: 1. Site Plan 2. Architectural Plans 3. Clause 4.6 Variation

ADDRESS/WARD: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point (V)

APPLICATION No: DA 52/18

PROPOSAL: Alterations and additions to an existing two storey dual occupancy for use as a single dwelling, including rear and roof extensions and the conversion of the attic into living space, a glass lift, and landscaping works including a new plunge pool. PLANS REF:

Drawing Revision Title Drawn by Dated Number 00/37 C Cover Sheet Drew Heath Architects 21/06/2018 02/37 C Site Plan Drew Heath Architects 21/06/2018 11/37 C Ground Floor Plan Drew Heath Architects 21/06/2018 12/37 C First Floor Level Drew Heath Architects 21/06/2018 13/37 C Upper Floor Plan Drew Heath Architects 21/06/2018 14/37 C Roof Plan Drew Heath Architects 21/06/2018 15/37 C Garage Ground Floor Drew Heath Architects 21/06/2018 Level and Roof Plan 16/37 C Elevations Northeast Drew Heath Architects 21/06/2018 Southwest 17/37 C Elevation Northwest Drew Heath Architects 21/06/2018 18/37 C Elevation Southeast Drew Heath Architects 21/06/2018 19/37 C Elevation Southeast Drew Heath Architects 21/06/2018 with louvres 20/37 C Elevations Garage Drew Heath Architects 21/06/2018 21/37 C Section AA Drew Heath Architects 21/06/2018 34/37 C Landscape Plan Drew Heath Architects 21/06/2018

OWNER: Patrick Cocquerel

APPLICANT: Drew Heath, Drew Heath Architects

AUTHOR: Report of Lisa Kamali, Senior Assessment Officer

DATE OF REPORT: 22 June 2018

DATE LODGED: 28 February 2018

AMENDED: 17 May 2018 and 21 May 2018

RECOMMENDATION: Approval Report of Lisa Kamali, Senior Assessment Officer Page 2 Re: 2 Cremorne Road, Cremorne Point

EXECUTIVE SUMMARY

This development application seeks consent from the North Sydney Local Planning Panel for alterations and additions to an existing two storey dual occupancy for use as a single dwelling, including rear and roof extensions and the conversion of the attic into living space, a glass lift, and landscaping works including a new plunge pool on land at No.2 Cremorne Road (aka 7 Milson Road), Cremorne Point. The subject property is a Contributory Item located within the Cremorne Point Conservation Area.

The application is reported to the North Sydney Local Planning Panel because the proposed roof extensions and attic space to be converted into living space are above the permissible height limit of 8.5m pursuant to clause 4.3(2) in NSLEP 2013. The noncompliance with the permitted height limit is greater than 10% requiring determination by the North Sydney Local Planning Panel as directed by the Minister for Planning.

Consideration has been given to the Clause 4.6 request for a variation to the LEP’s building height development standard as submitted by the applicant. The variation to the building height development standard is justifiable as the proposed breaches are located at the side and rear of the site below the existing maximum ridge height of the original dwelling, are not highly visible from the public domain, and would not materially reduce the residential amenity of surrounding properties in terms of solar access, privacy or views.

The application as originally submitted had a number of conservation related issues which were detrimental to the character of the building and wider Conservation Area. The application was amended following advice from Council and can now be supported by Council’s Conservation Planner.

Council’s notification of the proposal attracted no submissions.

Overall, the proposed development is considered to be satisfactory having regard to the relevant Environmental Planning Instruments, Development Control Plans and Council policies and is therefore recommended for approval.

Report of Lisa Kamali, Senior Assessment Officer Page 4 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

DESCRIPTION OF PROPOSAL

The applicant seeks development consent from the North Sydney Local Planning Panel for additions and alterations to an existing two storey dual occupancy for use as a single dwelling, including rear and roof extensions and the conversion of the attic into living space, installation of a lift to second floor level, and landscaping works including a plunge pool.

In more detail, the proposed works include the following:

Ground Floor Level  The existing external staircase is to be removed, and a new glass lift with a smaller footprint will be provided in the same location.  The existing internal staircase is to be rebuilt in the same location.  Some internal walls are to be removed and stud walls will be built to provide a laundry.  The rear (north eastern) façade will be extended out and opened to provide new sliding doors to a new paved terrace area.  On the south east wall a window opening will be enclosed.

First Floor Level  Internal walls are to be removed and some stud walls are proposed to make way for a new kitchen, living and dining area, and a bedroom with dressing and ensuite along with new sliding doors leading to a new rear deck.  The existing fire place will be removed and replaced with a gas fire place.  On the south east wall a window opening will be enclosed.

Upper / Attic Level  The existing attic space is to be converted to habitable accommodation to provide for a large entertaining space with kitchenette and bathroom, and a further bedroom opening onto a new rear deck.  Side dormer and side raised flat roof extensions intersecting a rear gable roof extension are proposed to increase the useable attic space.  New sliding windows to all existing windows with external fixed vertical louvers are proposed.

Roof  A new roof with metal deck roof sheeting, skylight and solar panels toward the south east corner of the building is proposed.  The existing chimney in the southeast roof slope is to be demolished.

Garage  The existing two single garage doors are to be replaced with a double garage door.  The existing high garage ceiling will be lowered and the existing corrugated metal roof will be removed to make way for a new green roof.  A new 1m high concrete planter box is proposed to enclose the green roof area with service access steps from the pool area.  A new 2.4m x 3.5m (total 8.4 sq.m) plunge pool is to be provided in the garden area alongside the garage.

Report of Lisa Kamali, Senior Assessment Officer Page 5 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

The application states that external materials and colours will complement the colour, finishes and proportion of the existing building. A materials and colours schedule has been provided and this is discussed later in this report.

The proposed works are shown on Figures 1 - 6 below.

Figure 1: Proposed perspective view looking northeast

Figure 2: Proposed Site Plan

Report of Lisa Kamali, Senior Assessment Officer Page 6 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Figure 3: Proposed Front (southwest) Elevation fronting Milson Road

Figure 4: Proposed Rear (northeast) Elevation

Report of Lisa Kamali, Senior Assessment Officer Page 7 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Figure 5: Proposed Side (northwest) Elevation

Figure 6: Proposed Side (southeast) Elevation

STATUTORY CONTROLS

North Sydney LEP 2013  Zoning – R2 (Low Density Residential)  Item of Heritage – No (Milson Road façade of the subject building is identified as contributory)  In Vicinity of Item of Heritage – Yes (Opposite 14 Milson Road, Item No. 10114, and is in close proximity to other Heritage Items at 15 Cremorne Road, 17 Cremorne Road and 18 Milson Road)  Conservation Area – Yes (Cremorne Point Conservation Area)  FSBL - No

Environmental Planning & Assessment Act 1979 SEPP No. 55 – Remediation of Land SREP (Sydney Harbour Catchment) 2005 SEPP (Building Sustainability Index – BASIX) 2004 SEPP (Affordable Rental Housing) 2009 Local Development

Report of Lisa Kamali, Senior Assessment Officer Page 8 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

POLICY CONTROLS

NSDCP 2013 Sydney Harbour Foreshores and Waterways Area DCP 2005

Figure 7: Heritage and Conservation Map Figure 8: Land Zoning Map

DESCRIPTION OF LOCALITY

The subject site is known as 2 Cremorne Road, Cremorne Point, and is legally described as Lot 1 in DP 71365. The site has two frontages, one to Milson Road (No.7 Milson Road) to the southwest, and the other to Cremorne Road to the northeast. The site has a total area of 343.7m2, and is relatively flat, with a fall of two to three metres along the southwestern boundary fronting Milson Road. The site sits between two blocks of apartments which are of a considerably larger scale than the subject property. The site can be seen in its context in Photo 1 below.

The site contains a modified Federation style two storey dwelling, and the front façade of the property faces Milson Road to the southwest (refer to Photo 2 below). The front façade of the property is identified as Contributory within the Cremorne Point Conservation Area. The primary form with its multi-planed pitched tiled roof remains legible. The face brickwork has been painted and the front verandahs over the two levels on the primary façade have been unsympathetically infilled. There is a circa 1934 rear addition and an unsympathetic exterior staircase at the rear that were constructed when the building was converted to two dwellings.

Vehicle access to the site is gained from Cremorne Road, where a double garage fronting the street is provided. There is a large (approximately 7m tall) fig tree to the rear of the dwelling, along with some maturing trees, under 10 metres in height, along the southern boundary.

The subject two storey building is currently set out as an attached dual occupancy with a unit on each floor, and although there is no evidence of Council having granted permission for a dual occupancy, this appears to be a long standing arrangement. Given the nature of the application, further investigation is not warranted at this time.

Report of Lisa Kamali, Senior Assessment Officer Page 9 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Photo 1: Aerial photograph of subject site (edged red) and surrounding developments

Photo 2: The primary façade of the property, seen from Milson Road looking northeast

Report of Lisa Kamali, Senior Assessment Officer Page 10 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Photo 3: The rear of the property seen from Cremorne Road

RELEVANT HISTORY

Previous applications

There is no relevant previous planning history for the subject site.

Current application

A brief history of the current development application is summarised in the table below:

Date Action 28 February 2018 The subject application was lodged with Council. 15 March 2018 A site inspection was conducted by Council Officers. 16 March to 3 April The original plans were notified to surrounding properties and the 2018 Cremorne Point Precinct. No submissions were received. 4 April 2018 The application as originally submitted had a number of conservation related issues which were detrimental to the character of the building and the wider Conservation Area. In particular, the significant extent of glazing and the new attic level balcony on the front façade were not considered to be consistent with the character of the property, which is a Contributory Item in the Cremorne Point Conservation Area. Council officers wrote to the applicant raising concerns regarding these detrimental heritage impacts, and also relating to the extent of site coverage. 27 April 2018 Council officers met with the applicant and the architect to discuss the application and the amendments required to make the application acceptable.

Report of Lisa Kamali, Senior Assessment Officer Page 11 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

17 May 2018 Revised plans and revised compliance diagrams were submitted in response to the request from Council Officers dated 4/04/2018, and these amendments were considered satisfactory to address the heritage and conservation issues. The key amendments were:  Reduced side roof extensions,  Removal of the glazing and balcony on the top floor of the front (Milson Road) façade and replacement with an arched window.  Introduction of additional shingles in various locations.  Reduction in glazing on the rear (Cremorne Road) facade. 8 June to 22 June The revised plans were notified to surrounding properties and the 2018 Cremorne Point Precinct. No submissions were received. 21 May 2018 Revised plans were submitted to rectify an inconsistency between the plans and elevations for the proposed plunge pool. It was not considered necessary to re-notify these amendments given that the plunge pool is not visible from outside the site, and the revisions were minor.

REFERRALS

Heritage

Council’s Conservation Planner has no objections to the application, as amended, subject to conditions, as set out in more detail below.

“The amended proposal is considered to satisfy Clause 5.10 in NSLEP, because the primary form will remain intact and the heritage significance of the primary façade (contributory in the conservation area) that addresses Milson Road will be improved by the re-opening of the ground level verandah and the reinstatement of traditional timber shingles. The roof additions are to be located at the side and rear and are submissive to the massing and scale of the existing building.

An assessment of the proposal against Part B Section 13 in NSDCP has been made, and the following elements are of particular note:

 13.4 Development in the Vicinity of Heritage Items The proposed works will have negligible impact upon the nearby heritage items as they are physically separated from the subject site.  13.6.1 General Objectives O1: Ensure that new development is designed to retain and complement the character and significance of the conservation area The character of the conservation area will be improved through the re-opening of the ground level verandah and the re-instatement of timber shingles on the primary façade.  13.6.1 General Objective O2: Ensure that contributory items are retained and where practical improved, with a focus to locate new work to the rear or away from publicly visible elevations of the building The contributory item will be improved through the proposed conservation works to the primary façade.

Report of Lisa Kamali, Senior Assessment Officer Page 12 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

 13.6.2 Form, Massing and Scale Objective O1: To ensure new development has a compatible and complimentary building form and scale to that which characterises the conservation area The two storey scale of the building will be retained as new habitable spaces are primarily contained within the roof void. The proposed massing is consistent with other detached dwellings within the conservation area. Despite the proposed additions, the development will remain of significantly smaller scale than the existing apartment buildings on either side.  P9: New work may adopt a contemporary character, provided the development is not likely to have a detrimental impact on the characteristic built form of the area, particularly in terms of bulk, scale, height, form or materials The proposed works on the existing circa 1934 addition will be contemporary in character. No objection is raised however, as these are located on a side elevation and will not been readily seen from the public domain.  13.6.3 Roofs, Objective O1: To maintain the characteristic roof profiles and roofing materials within a heritage conservation area The proposed roof forms are considered to be characteristic within the conservation area.  13.6.4 Additional Storey and Levels, Objective O1: To ensure that the streetscape and context of the heritage conservation area are respected No objection is raised to the proposed attic conversion as the dwelling will retain its two storey character.  13.9.1 Skylights, Solar Panels and Satellite Dishes, Objective O1: To ensure that skylights, solar panels and satellite dishes do not detrimentally impact upon the significance of heritage items and heritage conservation areas A condition is recommended to ensure the solar panels are acceptable within the conservation area.  13.9.2 Dormers, Provision P2: New dormer windows are to secondary in scale to the roof and setback from the eaves and ridge line The proposed dormer on the southeast side is not compliant in that its width covers more than one third of the roof plane. No objection is raised however, as it will not be readily seen from the public domain.  13.9.3 Verandahs and Balconies, Objective O2: To encourage the retention and reinstatement of original verandahs and balconies, especially where they are significant or contributory to an individual, row or group of buildings The proposed re-opening of the ground level verandah is supported and is a positive conservation outcome. Whilst it would have been a further improvement to have the first level re-opened as well, the interior of the building has been so modified that the living space now relies on the enclosed verandah, and it is considered too onerous to insist on this. It is recommended that the replacement windows W8 and W9 be timber-framed windows by condition.  13.9.4 Materials, Objective O1: To ensure that materials and finishes are consistent with the characteristic elements of the heritage item or heritage conservation area Conditions are recommended to ensure materials and finishes are acceptable.  13.9.5 Garages and Carports, Objective O1: To ensure that vehicular accommodation does not detrimentally impact upon the significance of the heritage item or heritage conservation area No objection is raised to the proposed changes to the existing double garage, including the proposed green roof and planters.

Report of Lisa Kamali, Senior Assessment Officer Page 13 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

 13.9.6 Fences, Objective O1: To ensure that fences are consistent with the characteristic elements of the heritage item or heritage conservation area No objection is raised to the glazed pool fence as it will not be visible from the public domain.  13.10.4 Two Storey Detached and Attached Dwellings, Provision P2: New additions should generally comply with the examples illustrated in Figures 13.47 to 13.49 The proposal is considered to be generally compliant. No objection is raised to the change of use from a duplex to a single dwelling as this was the building’s original use and is a positive heritage outcome.”

Standard conditions of consent are recommended (refer to Conditions A3, C6, C7, E6), along with bespoke conditions relating to the exterior colour scheme, solar panels, roof sheeting, timber shingles, windows and doors, garage door, new concrete blockwork, plantation shutters, and re-instatement of missing details on the primary façade (refer to conditions C18. C20 and C21).”

Engineering

The application was referred to Council’s Senior Development Engineer who raised no objection to the proposal on engineering grounds subject to standard conditions of consent (refer to Conditions C1, C9, C9, C17, D1, E2, E3, E5, E9, E16, G1 and G5) and two bespoke conditions relating to stormwater management and disposal (refer to condition C22), and utility service adjustments (refer to condition E4).

SUBMISSIONS

Original application

The original application was notified to adjoining properties and Cremorne Point Precinct between 16 March and 3 April 2018. No submissions were received.

Amended application

The amended application was notified to the adjoining properties and Cremorne Point Precinct between 8 June and 22 June 2018. No submissions were received.

CONSIDERATION

Environmental Planning and Assessment Amendment Act 1979 (as amended on 1 March 2018)

The Environmental Planning and Assessment Act 1979 has been amended following the passing of the Environmental Planning and Assessment Amendment Act 2017 in the NSW Parliament in November 2017, and the amended Environmental Planning and Assessment Act 1979 commenced on 1 March 2018.

In relation to development assessment and consent provisions, the amendments predominantly involve renumbering of sections of the Act. S.79C Evaluation becomes S.4.15 Evaluation, with no change to the provisions in that section.

Report of Lisa Kamali, Senior Assessment Officer Page 14 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

However, the objects of the Act have been amended and three additional objects have been included in S.1.3 Objects of Act (formerly S.5 Objects). The objects of the Act are guiding principles that need to be considered by planning authorities including Council and the North Sydney Local Planning Panel when making decisions under the Act. The additional objects are:

(f) to promote the sustainable management of built and cultural heritage (including Aboriginal cultural heritage); (g) to promote good design and amenity of the built environment, and; (h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants.

The principles raised in the additional objects have been considered in the assessment of this application.

The relevant matters for consideration under Section 4.15(1) of the Environmental Planning and Assessment Act 1979 (amended 1 March 2018), are assessed under the following headings:

SREP (Sydney Harbour Catchment) 2005

Having regard to the SREP (Sydney Harbour Catchment) 2005 and the Sydney Harbour Foreshores and Waterways Area DCP 2005, the proposed development is not considered to be detrimental to the harbour and will not unduly impose upon the character of the foreshore. The proposed built form is considered to be an acceptable in the context of the site and the Cremorne Point Conservation Area. The proposal is considered satisfactory having regard to SREP 2005.

SEPP 55 – Remediation of Land

The subject site has been considered in light of the above SEPP and the Contaminated Lands Management Act. It is noted that as the site has been used for residential purposes for many years and Council’s records do not indicate any likely source of land contamination. Accordingly, the proposal is considered to be satisfactory having regard to SEPP 55.

SEPP (Building Sustainability Index: BASIX) 2004

The applicant has submitted a valid BASIX certificate (A320342) to satisfy the requirement of the above SEPP (refer to Conditions C18 and G7). The BASIX Certificate was updated following the amendments to the application.

SEPP (Affordable Rental Housing) 2009

The subject existing attached dual occupancy is not the type of building described as “low rental residential buildings” in accordance with Clause 49(1) of the SEPP (ARH) 2009. Therefore, the provisions of this SEPP do not apply to the proposed development.

Report of Lisa Kamali, Senior Assessment Officer Page 15 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

NORTH SYDNEY LEP 2013

Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 343.7m² Existing Proposed Control Complies

Clause 4.3 – Heights of Building 11.13m 9.79m 8.5m No – Clause 4.6 Development Standard Variation received.

1. Permissibility within the zone:

The subject application seeks approval for alterations and additions to an existing dual occupancy for use as a single dwelling, which is a permissible form of development in the R2 Low Density Residential zone.

2. Building Heights

Under the provisions of Clause 4.3(2), the maximum height of a building permitted on the subject site is 8.5 metres. The existing building has a maximum height of 11.13 metres, 30.9% higher than the maximum height control. The new rear gable roof extension has a proposed height of 9.79 metres. The other roof extension and works within the existing side and front gable ends are also partially located above 8.5 metres, as illustrated in Figure 9 below. The development therefore, does not comply with Clause 4.3(2) in NSLEP 2013.

Figure 9: Side (southeast) elevation – Approximate 8.5m height limit shown in red

Report of Lisa Kamali, Senior Assessment Officer Page 16 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

The applicant has submitted a written request to justify the proposed variation to the building height control (refer to Attachment 3). The proposed breach has been assessed in accordance with the requirements of Clause 4.6(3) and (4), the objectives of the control and the zone. These matters have been considered below:

(a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient,

The proposal has negligible impact on the existing natural landform of the site, as the development utilises existing levels and will require only minor excavation for the works at the rear of the dwelling and the plunge pool. The new attic level will be largely contained within the existing roof form and the roof extensions and other works at attic level are all located beneath the existing highest ridge line. Given these points the development will not alter the topography of the site.

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

Four windows within the south eastern elevation of Unit 5 on the top floor of the neighbouring apartment building at No. 9 Milson Road currently have oblique views over the subject property towards Sydney Harbour including the Opera House Sydney Harbour Bridge and the Sydney CBD skyline. The side roof extensions would result in the loss of a small part of an oblique water view from those windows, as illustrated in Figure 10 below. The development is however unlikely to affect views to iconic elements such as the Opera House and Harbour Bridge, and the majority of the proposed development will be located in front of the existing building when viewed from this neighbour. Given that the affected views are oblique and are across the side property boundary, the proposal does not further increase the height of the building, the proposal largely maintains the existing rear building line of the subject property, and the retention of views to iconic elements, the partial loss of a water view is acceptable on balance in accordance with the Tenacity view assessment planning principle.

Report of Lisa Kamali, Senior Assessment Officer Page 17 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Figure 10: The impact of the proposed roof extensions (indicated in red) on views from 5/9 Milson Road, note photo has been taken from outside the window

(c) to maintain solar access to existing dwellings, public reserves and streets, and to promote solar access for future development,

The proposal will not result in any material loss of solar access to the apartment building to the southeast at No. 5 Milson Road in comparison to existing shadows, as the proposed works are all below the highest ridge line of the building and therefore new shadows will fall within existing shadows. The development will not result in any additional shadowing to the public realm.

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

The proposed development will not result in an undue loss of privacy for surrounding neighbours, and in particular the apartment building to the immediate southeast at No. 5 Milson Road for the following reasons:

 A number of the replaced windows towards the rear of the building on the southeast (side) elevation are to receive fixed plantation shutters to minimise overlooking between the two properties.  The existing ground and first floor windows to the rear of the southeast (side) elevation are to be removed, and therefore any existing overlooking from this part of the building will be eliminated.  The proposed windows in the raised flat roof side extensions will all have fixed plantation shutters to minimise overlooking.  The proposed windows in the existing side gable end on the southeast (side) elevation would be located approximately 6.5 metres from the closest windows in the northwest elevation of the apartment building at No. 5 Milson Road. It is noted however that the closest windows in this neighbour all have plantation shutters which will prevent undesirable overlooking from the new windows in the subject property, as illustrated in Figure 11 below.

Report of Lisa Kamali, Senior Assessment Officer Page 18 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

 The proposed balconies to the rear of the property at first and second floor level are inset within the flank walls of the building preventing overlooking to the neighbours to either side. Views from the balconies will be directed over the rear of the subject site and over the roofs of the buildings on the other side of Cremorne Road, and there would be no close or direct overlooking.

In conclusion, there will be no undue loss of privacy as a result of the proposed development.

Figure 11: Location of proposed gable end windows shown in red, neighbours windows with plantation shutters shown in yellow

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

The proposed development is generally compatible with surrounding two and three storey developments and apartment buildings in this low density residential zone as discussed throughout this report.

(f) to encourage an appropriate scale and density of development that is in accordance with, and promotes the character of, an area.

The scale and density of the development is characteristic of the locality. It is not considered that the attic conversion and side raised flat roof extensions and rear gable roof extension would result in a development which is unacceptably out of character with existing development, especially considering the location of the property between two large apartment buildings.

That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

Report of Lisa Kamali, Senior Assessment Officer Page 19 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Strict compliance with the building height control is considered to be unreasonable and unnecessary as the proposed side raised flat roof extensions, rear gable roof extension and associated works would have little impact on the streetscape and would not cause any unreasonable impact on the amenity of adjoining properties.

That there are sufficient environmental planning grounds to justify contravening the development standard.

The proposed development would not adversely affect the streetscape, the significance of the heritage listed dwelling at No. 14 Milson Road opposite the site, or the character of the wider conservation area. The proposed works would be compatible in overall scale and form with surrounding developments, and the dwelling with the new works would still be characteristic of surrounding properties within the locality.

The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

The proposal is considered to be in the public interest because it is consistent with the objectives of the building height control and the objectives of the R2 Low Density Residential Zone.

3. Dual occupancies

The property is currently being used as a dual occupancy, with one unit being located on each floor of the building. The property has not previously had development consent for a dual occupancy use. This application proposes to convert the property back to a single occupancy use by opening up access between all the floors, and providing one main kitchen with a small kitchenette in the entertaining space. The application is therefore assessed on the use being that of a single occupancy. A Condition is also proposed relating to single occupancy (refer to Condition I3).

4. Objectives of the Zone

The planning objectives for the R2 Low Density Residential zone are:

1. To provide for the housing needs of the community within a low density residential environment. 2. To enable other land uses that provide facilities or services to meet the day to day needs of residents. 3. To encourage development of sites for low density housing, including dual occupancies, if such development does not compromise the amenity of the surrounding area or the natural or cultural heritage of the area. 4. To ensure that a high level of residential amenity is achieved and maintained.

In relation to the above objectives, it is noted that this development will not alter the existing residential use of the subject building, and the proposed alterations and extensions will provide improved residential amenity for the residents of the dwelling. The proposal will not materially reduce the residential amenity of surrounding properties in terms of solar access, privacy or views, and overall the proposal would achieve the planning objectives for this low density residential zone.

Report of Lisa Kamali, Senior Assessment Officer Page 20 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

6. Heritage Conservation

The front façade of the subject building which faces Milson Road is identified as contributory within the Cremorne Point Conservation Area. Council’s Conservation Planner has raised no objections to the application, in its final amended form, subject to conditions, because the primary form will remain intact and the heritage significance of the primary façade will be improved through the re-opening of the ground level verandah and the reinstatement of traditional timber shingles. The roof additions are to be located at the side and rear, and are submissive to the existing massing and scale, and these are acceptable. The proposal is therefore satisfactory having regard to Clause 5.10 in NSLEP 2013.

NSDCP 2013

The application has been assessed against Part B, Section 1 ‘Residential Development’ as detailed in the table below:

DCP 2013 Compliance Table

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

Complies Comments 1.2 Social Amenity Population Mix No change Residential accommodation within the locality would be maintained. The proposal Maintaining would have no impact in terms of maintaining affordable housing or population mix. Residential Accommodation The development will result in a loss of a dwelling, as it is currently in use as an Affordable attached dual occupancy (a one bed flat and a two bed flat), however this existing use Housing does not appear to have had development consent previously and furthermore the subject site at 343.7 sq.m does not meet the minimum requirement of 450 sq.m for a dual occupancy use. Given this, there is no objection to the conversion of the building to one dwelling.

The proposal is unlikely to have a material impact on the supply of affordable housing within North Sydney LGA. 1.3 Environmental Criteria Topography Yes Some earthworks are proposed to make way for the works to the rear of the dwelling and the plunge pool, however the proposed development does not propose significant excavation or to alter the topography of the site. Bushland N/A The property is not identified in NSDCP as being in close proximity to bushland. Bush Fire N/A The site is not identified as bush fire prone. Prone Land Views Yes Four windows within the south eastern elevation of Unit 5 on the top floor of the neighbouring apartment building at No. 9 Milson Road currently have oblique views over the subject property towards the harbour. The side roof extensions would result in the loss of a small part of an oblique water view from those windows, as illustrated in Figure 10 earlier in this report.

The development is however unlikely to affect views to iconic elements such as the opera house and harbour bridge, and the majority of the proposed development will be located in front of the existing building when viewed from this neighbour. Given that the affected views are oblique, and the proposal does not result in the loss of an iconic view, it is considered that the development will not unduly impact on existing views for 5/9 Milson Road.

Report of Lisa Kamali, Senior Assessment Officer Page 21 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Due to the topography of the site and the location of the proposed development below the maximum ridge line and to the side and rear of the site, there are no views from other neighbours that are likely to be affected. The proposed works will be visible from the public domain from both Cremorne Road and Milson Road, however no views from the public domain will be materially affected. Solar Access Yes The proposal will not result in any material loss of solar access to the neighbour to the south at No. 5 Milson Road, as the proposed works are all below the highest ridge line of the building and new shadows will fall within the area where there are already shadows from the existing building. No other properties will be affected due to the orientation of the site. The development will not result in any material additional shadowing to the public realm. Acoustic Yes The proposed development will not result in an undue loss of privacy for surrounding Privacy and neighbours for the following reasons: Visual Privacy  A number of the replaced windows towards the rear of the building on the southeast elevation are to receive fixed plantation shutters to minimise overlooking between the site and the apartments within No. 5 Milson Road.  The existing ground and first floor windows to the rear of the southeast elevation are to be removed, therefore overlooking from this part of the building towards No. 5 Milson Road will be eliminated.  The proposed windows in the raised flat roof and dormer side extensions will have fixed plantation shutters to minimise overlooking to No. 5 Milson Road.  The proposed windows in the existing side gable end on the southeast elevation would be located approximately 6.5 metres from the closest windows in the northwest elevation of the apartment building at No. 5 Milson Road. It is noted however that the closest windows in this neighbour all have plantation shutters which will protect those rooms from undesirable overlooking from the new windows in the subject property, as illustrated in Figure 11 earlier in this report. The proposed balconies to the rear of the property at first and second floor level are inset within the flank walls of the building preventing undue overlooking to the apartments to either side. Views from the balconies will be over the rear of the subject site and over the roofs of the buildings on the other side of Cremorne Road, and there would be no close or direct overlooking.  The proposed glass lift is obscured by the flank wall of the building at ground floor level, however the top section of the lift has the potential to overlook habitable rooms in the adjoining apartment building at No. 9 Milson Road. The submitted plans indicate the lift will have frosted glass on its northwest elevation. In addition, a condition is proposed to ensure the northwest elevation of the lift alongside No. 9 Milson Road is obscure glazed to avoid an undue loss of privacy for residents of the apartment building (refer to Condition C23). A condition has also been recommended to minimise the potential noise nuisance from plant equipment (refer to Condition C13). 1.4 Quality built form Context Yes The proposed development generally responds to the scale and extent of development Streetscape in the vicinity of the site. Whilst the side and rear roof extensions are above the 8.5 Form Massing metre LEP height development standard for the site, these are nonetheless comparable Scale with the height and scale of the existing building, and are significantly smaller in scale Built Form compared with the apartment buildings to either side of the site. Character The proposed alterations to the front façade facing Milson Road including the opening up of the ground floor to return it to its original form is welcomed, and whilst it would be ideal for the first floor balcony to be opened up in a similar fashion, it is appreciated that this level has been enclosed for a long time and provides useful internal space. The proposed arched window in the front gable end is modest in scale and complimentary to the character of the site and surrounds.

The proposed development incorporates a high proportion of glazing at the rear of the property, however this will not be easily seen from Cremorne Road to the rear of the site due to the existing garage fronting the street and side boundary planting which obscure views into the property. In this context the glazing to the rear is acceptable.

Report of Lisa Kamali, Senior Assessment Officer Page 22 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Council’s Conservation Planner has no objections to the application, subject to conditions, because the primary form will remain intact and the heritage significance of the primary façade will be improved by the re-opening of the ground level verandah and the reinstatement of traditional timber shingles. The roof additions are considered to be acceptable as they are located at the side and rear of the building, and are submissive to the existing massing and scale of the building. Standard conditions of consent are recommended (refer to Conditions A3, C6, C7, E6), along with bespoke conditions relating to the exterior colour scheme, solar panels, roof sheeting, timber shingles, windows and doors, garage door, new concrete blockwork, plantation shutters, and re-instatement of missing details on the primary façade (refer to conditions C19, C20 and C21). Siting No change The proposal will not alter the siting of the existing building. Building Yes Front Setbacks – The proposal will not have any impact on the existing front setback of the property in Front and Rear relation to Milson Road.

Yes Rear The proposed works maintain the existing rear setback of the subject building, which is significantly further back from the street than the apartments buildings to each side of the site. Building No The extensions at the side and rear of the dwelling including the side dormer and Setbacks - Sides (acceptable raised flat roof extension do not comply with DCP side boundary setback controls as on merit) shown below.

Elevation Existing Proposed Control Complies Ground Floor - NW Elevation 445mm 445mm 900mm No* - SE Elevation 549mm 549mm 900mm No** First Floor - NW Elevation 445mm 445mm 900mm- No* - SE Elevation 549mm 549mm 1.5m No** Second/Attic Floor - NW Elevation N/A 445mm 1.5m – No* - SE Elevation N/A 549mm 2.5m No**

* The position of the building in relation to the northwest side boundary of the site is unchanged by this development. ** The existing setback from the southeastern boundary is unchanged by this development in relation to the ground and first floors, and the modest additional depth to the building at the rear is in line with this existing setback which is acceptable. The roof extensions do not comply with the required 2.5 metre setback for third storey development, however in this instance this noncompliance is acceptable for the following reasons:  The site is narrow and strict compliance with side setback requirements would in effect prevent any development at roof level.  The proposed roof extensions will not lead to loss of amenity for neighbours in terms of solar access, views and privacy as detailed in this report.  The proposed bulk and scale of the development is comparable to existing development in the locality, and is significantly smaller than the two apartment buildings to either side of the site.  The existing building to the north of the site at No. 9 Milson Road is also positioned close to the side boundary, as is typical of the subdivision pattern for this part of Cremorne Point.

In light of the above, the proposed variation to the DCP side boundary setback control is considered to be acceptable. Dwelling Entry Yes The application proposes no change to the location of the existing front entries from Milson Road and Cremorne Road. The ground floor veranda is to be opened, which is supported in conservation terms and would also allow better natural surveillance of the street.

Report of Lisa Kamali, Senior Assessment Officer Page 23 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

Roofs No The site is within the Cremorne Point Conservation Area, where hipped and gable roof (acceptable forms pitched between 30 and 45 degrees are predominant, and the desired roof on merit) materials are terracotta tiles slate, and corrugated metal. The proposal involves the addition of a non-complying flat roofed side roof extension.

Council’s Conservation Planner has raised no objections to the application, subject to conditions, because the primary roof form will remain intact and the side and rear roof additions are submissive to the existing massing and scale, and would not be highly visible from the street, particularly in the context of the front façade of the building. The proposed roof materials are consistent with the expectations of the character statement for the Cremorne Point Conservation Area, and overall the roof forms are characteristic within the context of the site. Dormers No The proposed dormer extension on the southeast side elevation has a total width that (acceptable covers more than one third of the roof plane, contrary to the expectations of Section on merit) 1.4.11 (P7 and P8) in NSDCP. However, as this roof form will not be readily seen from the public domain, is subservient in scale to the existing dwelling, and will not give rise to any adverse annuity impacts for neighbors, this dormer is acceptable on balance. Materials and Yes A materials schedule has been submitted with the application, which indicates that the Colours (via materials would complement the existing building. The proposed materials include condition) terracotta tiling to the pitched roof form, metal deck sheeting to flat roofs, and a combination of timber shingles, painted CFC, and rendered brickwork to external walls. and a rendered concrete block for the small extension to the rear of the building. These materials are considered acceptable in principle, however the materials schedule indicates that all wall materials would be white, which is not considered to be in keeping with the character of the conservation area. Mid to neutral tones are required instead of white.

Conditions have been recommended by Council’s Conservation Planner relating to the exterior colour scheme, roof sheeting, timber shingles, windows and doors, the new garage door, new concrete blockwork, plantation shutters, and re-instatement of missing details on the primary façade (refer to conditions C19, C20 and C21) to ensure all materials and colours are consistent with the character of the existing building and wider conservation area. Front Fences Yes The development proposes no changes to the existing wall, railings and planting with inset steps at the front of the site alongside Milson Road. This existing front fencing is acceptable given its open form and associated planting which softens the street scene. 1.5 Quality Urban Environment Safety and Yes The application proposes no change to the location of the existing front entry from Security Milson Road and the rear entry from Cremorne Road. The ground floor veranda is to be opened, which is supported because this would allow better passive surveillance of the street. Vehicle Access No change The site currently has two off street parking spaces within an existing garage directly and Parking off Cremorne Road. Other than a replacement garage door, the existing parking provisions will not be altered, which is acceptable. Site Coverage, No The proposed site coverage, unbuilt upon area and landscaped area are set out in the Landscape (acceptable below table. Area, on merit) Un-built upon Site Area Existing Proposed Control Complies 343.7 sq.m area Site 56% 58% 50% (max) No* Coverage Landscaped 33% 31% 30% (min) Yes Area Unbuilt 11% 11% 20% (max) Yes Upon Area

* The total footprint of the existing building is largely unaltered by this development; however, the proposed plunge pool further increases the existing site coverage noncompliance to 58%. The proposed non-compliance with site coverage is acceptable when considered against the objectives of the site coverage control set out in Part B Section 1.5.5 in NSDCP for the following reasons:

Report of Lisa Kamali, Senior Assessment Officer Page 24 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

 The plunge pool is small with a total area of only 8.4 sq.m, will not be visible from the public realm, and would not add to the visible bulk of the existing building. This aspect of the development would therefore not result in the development being out of keeping with the desired future character of the neighborhood.  The roof of the existing garage fronting Cremorne Road will be provided as a green roof with planters, and this planting will soften the view of the property from the street, thus promoting the low density, verdant desired future character of the neighborhood.  The site is located between two large apartment buildings, and the apartment development to the northwest at No.9 Milson Road has a site coverage of some 68%. In this context the proposed site coverage is acceptable. Excavation Yes Minor excavation works will be required to make way for the rear extension, lift, and the plunge pool, however the existing fig tree and boundary planting is to be retained which is welcomed. Conditions are proposed to ensure the excavation does not adversely impact on neighbouring properties (refer to Conditions C1, C2, and G9). Landscaping Yes The submitted Landscape Plan (Drawing 34/37) proposes no significant changes to the existing largely grassed landscaped areas to the front and rear other the building, other than the addition of the plunge pool in the rear garden and a small section of boundary planting along the northwest boundary near the plunge pool. In addition, a green roof and planters are to be added on top of the garage fronting Cremorne Road. The plunge pool would not unduly reduce the useable area of the rear garden and there would still be adequate outdoor amenity space for residents of the dwelling. The existing fig tree and boundary planting along the southeast boundary will be retained and overall the landscaping proposals are suitable for the site and acceptable. Private Open Yes The development retains the front and rear gardens, and sufficient outdoor amenity Space space is provided within the rear garden. Swimming No The proposed plunge pool is located approximately 3 metres from the closest habitable Pools (acceptable room windows in the southeastern façade of No. 9 Milson Road to the north of the site, on merit) and therefore does not meet the minimum 6 metre separation set out in Part B Section 1.5.11 P4. However, because the pool is small measuring 8.4 sq.m in total area, therefore the use of this facility is unlikely to generate significant noise, and is thus unlikely to unduly disturb the residential amenity of the neighbors. In addition, a condition (refer to Condition C14) is recommended to ensure that the swimming pool pump is not audible within any habitable room in the neighbor’s property before 8.00am and after 8.00pm on any Sunday or Public Holiday, and before 7.00am or after 8.00pm on any other day.

The proposed plunge pool meets the 1.2m minimum setback requirement, and would not exceed 500mm above existing ground level, compliant with Part B Section 1.5.11 P1 and P3 in NSDCP. It is noted that the submitted BASIX certificate restricts the capacity of the pool and requires a pool cover and timer to any pool pump in the interests of water conservation and energy efficiency (refer to Conditions C18 and G7). Front Gardens No change The front garden facing Milson Road, which is largely grassed other than the steps up from the footpath, is to remain unaltered by this proposal. The retention of the landscaping is supported. Garbage Yes There is adequate space for garbage storage within the existing garage fronting Storage Cremorne Road, which is acceptable. A Condition is proposed to ensure garbage and recycling facilities are provided (refer to Condition C11). 1.6 Efficient Use of Resources Energy Yes A valid BASIX certificate has been provided, demonstrating efficient use of Efficiency resources (refer to Conditions C18 and G7).

Report of Lisa Kamali, Senior Assessment Officer Page 25 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

DCP CHARACTER STATEMENTS - Section 6: South Cremorne Planning Area

6.4 Cremorne Point Conservation Area

The Cremorne Point Conservation Area is significant for its freestanding Federation and Edwardian dwellings with their strong orientation to the water, the unique Cremorne Foreshore Reserve, and the visual unity derived from its subdivision history which is still apparent. As discussed in this report, the proposed development is considered to be sympathetic to the character of the Cremorne Point Conservation Area, and is therefore acceptable.

Suitability of the Site for the Proposed Development

The proposal is considered to be suitable for the subject site because its design is in keeping with the characteristic built form within the locality with no unreasonable impacts on the amenity of the neighbouring properties, the streetscape or the Cremorne Point Conservation Area.

Public Interest

The proposal, as amended by the applicant, is considered to be satisfactory and the approval of the application will be in the public interest.

Section 7.11 Contribution

The proposed development does not attract a Section 7.11 contribution given that the number of dwellings on the site would be reduced through this application.

ALL LIKELY IMPACTS OF THE DEVELOPMENT

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

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls YES

2. Policy Controls YES

3. Design in relation to existing building and YES natural environment

4. Landscaping/Open Space Provision YES

5. Traffic generation and Carparking provision YES

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining YES development (Views, privacy, overshadowing, etc.)

Report of Lisa Kamali, Senior Assessment Officer Page 26 Re: 2 Cremorne Road (aka 7 Milson Road), Cremorne Point

8. Site Management Issues YES

9. All relevant S79C considerations of YES Environmental Planning and Assessment (Amendment) Act 1979

CONCLUSION

The development application has been assessed against the North Sydney Local Environmental Plan 2013, the North Sydney Development Control Plan 2013 and the relevant State Planning Policies and found to be satisfactory in the site circumstances.

Consideration has been given to the Clause 4.6 request for a variation to the LEP’s building height development standard as submitted by the applicant. The variation to the building height development standard is justifiable as the proposed breaches are located at the rear of the site below the existing ridge height of the original dwelling, are not highly visible from the public domain, and would not materially reduce the residential amenity of surrounding properties in terms of solar access, privacy or views.

RECOMMENDATION

PURSUANT TO SECTION 4.16 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED)

THAT the North Sydney Local Planning Panel assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 in NSLEP2013 with regards to the non-compliance with Clause 4.3 (Building Height) and grant consent to Development Application No.52/18 for alterations and additions to the existing two storey dual occupancy for use as a single dwelling, including rear and roof extensions and the conversion of the attic into living space, a glass lift, and landscaping works including a new plunge pool, at 2 Cremorne Road (aka 7 Milson Road), Cremorne Point, subject to the attached conditions:-

Lisa Kamali Robin Tse SENIOR ASSESSMENT OFFICER A/TEAM LEADER

Stephen Beattie MANAGER, DEVELOPMENT SERVICES ATTACHMENT TO LPP05 - 4/07/18 Page 27

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL 2 CREMORNE ROAD (AKA 7 MILSON ROAD), CREMORNE POINT DEVELOPMENT APPLICATION NO. 52/18

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.

Drawing Revision Title Drawn by Dated Number 00/37 C Cover Sheet Drew Heath Architects 21/06/2018 02/37 C Site Plan Drew Heath Architects 21/06/2018 11/37 C Ground Floor Plan Drew Heath Architects 21/06/2018 12/37 C First Floor Level Drew Heath Architects 21/06/2018 13/37 C Upper Floor Plan Drew Heath Architects 21/06/2018 14/37 C Roof Plan Drew Heath Architects 21/06/2018 15/37 C Garage Ground Floor Drew Heath Architects 21/06/2018 Level and Roof Plan 16/37 C Elevations Northeast Drew Heath Architects 21/06/2018 Southwest 17/37 C Elevation Northwest Drew Heath Architects 21/06/2018 18/37 C Elevation Southeast Drew Heath Architects 21/06/2018 19/37 C Elevation Southeast with Drew Heath Architects 21/06/2018 louvres 20/37 C Elevations Garage Drew Heath Architects 21/06/2018 21/37 C Section AA Drew Heath Architects 21/06/2018 34/37 C Landscape Plan Drew Heath Architects 21/06/2018

(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.

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

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information and to ensure ongoing compliance)

No Demolition of Extra Fabric

A3. Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans.

(Reason: To ensure compliance with the approved development)

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

Dilapidation Report Damage to Public Infrastructure

C1. 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)

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Dilapidation Survey Private Property (Neighbouring Buildings)

C2. A photographic survey and dilapidation report of adjoining properties No’s. 5 Milson Road and 9 Milson Road 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)

Structural Adequacy of Existing Building

C3. A report prepared by an appropriately qualified and practising structural engineer, certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.

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

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Sediment Control

C4. 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.

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

C5. A Waste Management Plan is to be submitted for approval by the Certifying Authority prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

a) The estimated volume of waste and method of disposal for the construction and operation phases of the development; b) The design of the on-site waste storage and recycling area; and

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c) Administrative arrangements for waste and recycling management during the construction process.

The approved Waste Management Plan must be complied with at all times in the carrying out of the development.

(Reason: To encourage the minimisation of waste and recycling of building waste)

Sandstone Re-pointing

C6. Any repointing works to the sandstone block wall and/or any sandstone retaining wall must be undertaken using traditional lime mortar by a qualified stonemason. Written details of the engagement of a qualified stonemason must be submitted to the Certifying Authority prior to the issue of any Construction Certificate.

The Certifying Authority must also 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 provisions of the Heritage Act may also apply to altering any sandstone elements on any site.

(Reason: To allow for preservation of cultural resources within the North Sydney Council area)

Skylight(s)

C7. Skylight flashing(s) and frame(s) to be coloured to match the roof material. Skylight(s) to sit no higher than 100mm above roof plane when in a closed position. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.

The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition.

(Reason: To minimise the visual impact of the skylight(s) on the roof plane)

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Roofing Materials - Reflectivity

C8. Roofing materials must be factory pre-finished with low glare and reflectivity properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that excessive glare or reflectivity nuisance from roofing materials does not occur as a result of the development)

Work Zone

C9. 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)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement

C10. Prior to the issue of any Construction Certificate, security deposit or bank guarantee must be provided to Council to the sum of $3,000.00 to be held by Council for the payment of cost for any/all of the following:

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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 required by this condition and in the schedule contained later in these conditions must be provided by way of a deposit with the Council; or other such guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee provided as security must name North Sydney Council as the nominated beneficiary and must not be subject to an expiry date.

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers.

Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: -

 where the damage constitutes a hazard in which case Council may make use of the security immediately;  the applicant has not repaired or commenced repairing damage within 48 hours of the issue by Council in writing of instructions to undertake such repairs or works;  works in the public road associated with the development are to an unacceptable quality; and  the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an appropriate quality for new public infrastructure)

Garbage and Recycling Facilities

C11. Adequate provision must be made for the storage of waste and recyclable material generated by the premises. 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 the provision of appropriate waste facilities and to ensure efficient collection of waste by collection contractors)

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Asbestos Material Survey

C12. 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)

Noise from Plant and Equipment

C13. 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.

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“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)

Swimming Pool Pumps on Residential Premises

C14. The Certifying Authority must be satisfied that the swimming pool pump to be installed on the premises 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 8.00pm on any Sunday or Public Holiday; or (ii) before 7.00am or after 8.00pm on any other day

(b) 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 shall 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.

Details demonstrating compliance with the requirements of this condition must be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

(Reason: To maintain residential amenity)

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Pool Access

C15. Access to the pool must be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act 1992, and the barrier is to conform to the requirements of the applicable Australian Standard. 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 safety of children and make applicant aware of the need to comply with applicable pool fencing legislation)

Swimming Pool Water to Sewer

C16. The swimming pool, including overflow water, must be drained to the sewer. The consent of Sydney Water to dispose of wastewater must be obtained prior to the issue of any Construction Certificate. Plans and specifications complying with this condition and any conditions/ requirements of Sydney Water 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 comply with this condition and any conditions/ requirements imposed by Sydney Water.

(Reason: Water from a swimming pool is classified as wastewater and cannot be legally disposed of into the stormwater system)

Security Deposit/ Guarantee Schedule

C17. All fees and security deposits/ guarantees in accordance with the schedule below must be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($) Footpath Damage Bond $3,000.00 TOTAL BONDS $3,000.00

(Reason: Compliance with the development consent)

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BASIX Certificate

C18. 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. A320342 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)

Heritage

C19. The following shall be applied to the approved development: -

1. The new metal roof sheeting to the rear addition on the dwelling is to have a traditional corrugated roof profile (equal to Custom Orb/ Custom Orb 35). No approval is given for min-orb or tray profile roof sheeting.

2. The new timber shingles are to be natural timber with a painted finish.

3. The new windows and doors are to be timber-framed. The arched window on the Milson Road Elevation is to have a maximum height of 1000mm and a maximum width of 750 mm (including the timber window frame). Door D2 is to be placed within the existing opening.

4. The new garage door to be a panel lift door with a painted finish in a visually recessive colour.

5. New concrete/blockwork walls to the proposed addition are to have a painted finish sympathetic to the character of the existing dwelling.

6. Plantation shutters/privacy louvres to windows W4, W5, W14, W15, W21, W22 and W23 are to be painted to match the dwelling in a visually submissive tone. Metallic finishes are not to be used.

7. The following items are to be re-instated in the Federation style: a. New tiles to Ground Level re-opened verandah on the Milson Road frontage are to be Federation style unglazed tessellated tiles. b. New front door to be a high-waisted solid timber door with two or three vertical panels with mouldings and an upper glazed square panel in the Federation style. Side panel to be glazed or timber panel below with glazing on upper portion. Leadlights and/or coloured glazing may be used.

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Architectural Plans complying with the above requirements must be submitted for the written approval of Council’s Conservation Planner prior to the issue of any Construction Certificate.

(Reason: To conserve heritage assets and to be sympathetic to the conservation area).

Solar Panels

C20. New solar panels are to be laid parallel and directly on top of the roof plane and are not to be re-angled.

(Reason: To minimise the visual impact of the solar panels on the streetscape of the conservation area.)

Exterior Colour Scheme

C21. Any new exterior colour scheme shall be sympathetic to the character of the conservation area. The existing white exterior colour scheme is not to be used.

Architectural and External materials, colours and finishes, complying with the requirements of this condition and Conditions C19 and C20 of this consent, must be submitted for the written approval of Council’s Conservation Planner prior to the issue of any Construction Certificate.

(Reason: To ensure that the completed colours are complementary to the Conservation Area.)

Stormwater Management and Disposal Design Plan – Construction Issue Detail

C22. 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:

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a. Compliance with BCA drainage requirements, Councils Engineering Performance guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code. b. Stormwater runoff and subsoil drainage generated by the approved additions must be conveyed in a controlled manner by gravity to Council’s kerb in Cremorne Road and Milson Road. c. All redundant stormwater pipelines within the footpath area shall be removed and the footpath and kerb reinstated. d. Pipelines within the footpath area shall be hot dipped galvanized steel rectangular hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres. e. Any footpath panel on Cremorne Road and Milson Road disturbed for the purpose of stormwater connection shall be reconstructed as whole panel.

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)

Privacy

C23. The following privacy devices are to be provided:

a) Fixed obscure or frosted glass must be fitted to the northwest elevation of the proposed glass lift to minimise overlooking into the apartment building at No. 9 Milson Road.

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 adequate privacy for No. 9 Milson Road).

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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)

Sydney Water Approvals

D2. Prior to the commencement of any works, the approved plans must be submitted to Sydney Water 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 Certifying Authority must ensure that Sydney Water has appropriately stamped the plans before the commencement of building works.

Notes: . Sydney Water Building Plan Approvals can be obtained from the Sydney Water Tap in™ online service. Building plans must be submitted to the Tap in™ to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met. For further information visit http://www.sydneywater.com.au/tapin/index.htm or call 13 000 TAP IN (1300 082 746) for further information.

(Reason: To ensure compliance with Sydney Water requirements)

Commencement of Works Notice

D3. Building work, demolition or excavation in accordance with this development consent must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

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

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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)

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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)

Removal of Extra Fabric

E6. Should any portion of the existing building, trees, or curtilage of the site which is indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith. No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.

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

Dust Emission and Air Quality

E7. 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.

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(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

E8. The works must be undertaken in accordance with the “Interim Construction Noise Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity)

Developer's Cost of Work on Council Property

E9. The developer must bear the cost of all works associated with the development that occurs on Council’s property, including the restoration of damaged areas.

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

No Removal of Trees on Public Property

E10. No trees on public property (footpaths, roads, reserves, etc.) unless specifically approved by this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community assets)

Special Permits

E11. Unless otherwise specifically approved in writing by Council, all works, processes, storage of materials, loading and unloading associated with the development must occur entirely on the property.

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

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1) On-street mobile plant

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

(Reason: Proper management of public land)

2) Hoardings

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

(Reason: Proper management of public land)

3) Storage of building materials and building waste containers (skips) on Council’s property

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

(Reason: Proper management of public land)

4) Kerbside restrictions, construction zones

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

(Reason: Proper management of public land)

Construction Hours

E12. 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.

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Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition:

a) “Building construction” means any physical activity on the site involved in the erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition works” means any physical activity to tear down or break up a structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.

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

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

(Reason: To ensure that works do not interfere with reasonable amenity expectations of residents and the community)

Installation and Maintenance of Sediment Control

E13. Erosion and sediment controls must be installed and maintained at all times in accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate.

Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.

(Reason: To protect the environment from the effects of sedimentation and erosion from development sites)

Site Amenities and Facilities

E14. 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.

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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

E15. All work undertaken must satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

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

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

Prohibition on Use of Pavements

E16. 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

E17. All plant and equipment used in the undertaking of the development/ works, including concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within the boundaries of the site (unless a permit is obtained from Council beforehand) and so placed that all concrete slurry, water, debris and the like must be discharged onto the building site, and is to be contained within the site boundaries.

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

(Reason: To ensure public safety and amenity on public land)

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Waste Disposal

E18. 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

E19. 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)

F. Prescribed Conditions imposed under EP&A Act and Regulations and other relevant Legislation

National Construction Code

F1. All building work must be carried out in accordance with the provisions of the National Construction Code.

(Reason: Prescribed - Statutory)

Home Building Act

F2. 1) Building work that involves residential building work (within the meaning and exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a principal contractor is required to be appointed:

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part 6 of that Act, or

(b) in the case of work to be done by an owner-builder:

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(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)

Construction Certificate

F4. Building work, demolition or excavation in accordance with the development consent must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.

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

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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)

Excavation/Demolition

F6. 1) All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

3) Demolition work must be undertaken in accordance with the provisions of AS2601- Demolition of Structures.

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

Site Sign

F7. 1) A sign must be erected in a prominent position on the site

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

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

c) showing the name, address and telephone number of the Principal Certifying Authority for the work.

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

(Reason: Prescribed - Statutory)

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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)

Pool Access

G2. Access to the pool must be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act 1992, and the requirements of the applicable Australian Standard. The pool must not be filled with water or be allowed to collect stormwater until the installation of the child resistant barrier is completed. Certification from an appropriately qualified person confirming compliance with these requirements must be provided prior to the issuing of any Occupation Certificate.

(Reason: To ensure that any person acting upon this consent is aware of their obligations under the provisions of the Swimming Pools Act)

Pool Safety Requirements

G3. A notice must be displayed in a prominent position in the immediate vicinity of the pool at all times showing:

a) Appropriate instructions of artificial resuscitation methods.

b) A warning stating:

(i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, and (ii) “POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and (iii) “KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”,

Details demonstrating compliance are to be provided with any Occupation Certificate issued for the pool.

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This notice must be kept in a legible condition and at the poolside.

(Reason: To ensure an adequate level of safety for young pool users)

Damage to Adjoining Properties

G4. All precautions must be taken to prevent any damage likely to be sustained to adjoining properties. Adjoining owner property rights and the need for owner’s permission must be observed at all times, including the entering onto land for the purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected)

Utility Services

G5. All utility services shall be adjusted, to the correct levels and/or location/s required by this consent, prior to issue of an occupation certificate. This shall be at no cost to Council.

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

Asbestos Clearance Certificate

G6. For building works where asbestos based products have been removed or altered, an asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work prior to the issue of any Occupation Certificate, the asbestos clearance certificate must certify the following: -

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

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

Note: Further details of licensed asbestos waste disposal facilities can be obtained from www.epa.nsw.gov.au

(Reason: To ensure that building works involving asbestos based products are safe for occupation and will pose no health risks to occupants)

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BASIX Completion Certificate

G7. In accordance with Clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the Certifying Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate)

Landscaping

G8. The landscaping shown in the approved landscape plan numbered 34/37 Revision C prepared by dated 21/06/2018 must be completed prior to the issue of any Occupation Drew Heath Architects Certificate.

(Reason: To ensure compliance)

Damage to Adjoining Properties

G9. On completion of the development the subject of this consent and prior to the issue of the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:

a) whether any damage to adjoining properties has occurred as a result of the development; b) the nature and extent of any damage caused to the adjoining property as a result of the development; c) the nature and extent of works required to rectify any damage caused to the adjoining property as a result of the proposed development; d) the nature and extent of works carried out to rectify any damage caused to the adjoining property as a result of the development; and e) the nature and extent of any agreements entered into for rectification of any damage caused to the adjoining property as a result of the development.

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

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

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

(Reason: To ensure adjoining owner’s property rights are protected in so far as possible)

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Compliance with Certain conditions

G10. Prior to the issue of any Occupation Certificate, Conditions C20, C21, C22 and C23 must be certified as having been implemented on site and complied with.

(Reason: To ensure the development is completed in accordance with the requirements of this consent)

I. On-Going / Operational Conditions

Non-Trafficable green roof

I1. The green roof above the existing garage within this development is to be un- trafficable, and shall not ever be used as an outdoor amenity area.

(Reason: To avoid excessive noise and privacy impacts for neighbours)

Pool Filter

I2. The swimming pool pump installed at the premises must not operate so as to:

(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); (j) before 8.00am and after 8.00pm on any Sunday or Public Holiday; or (ii) before 7.00am or after 8.00pm on any other day (b) 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 shall 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 ensure noise generated by equipment does not result in offensive noise)

Single Occupancy

I3. Nothing in this consent authorises the use of the premises other than for a single occupancy.

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

September 2013 v1 1 5 2 C 3 50.9 2 8 2 R 4 43.6 0 1 95

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BOUNDARY 36.24

BOUNDARY AREA OF NEW SHADOW

015 . N

10 NEW EXISTING TERRACE LAWN NEW EXISTING 10 BELOW BELOW EXISTING PITCHED ROOF LAWN . 085 PITCHED ROOF BELOW

BOUNDARY LANE NO. 64

BOUNDARY 21.30 BOUNDARY 10.42 BOUNDARY 6.3

NO. 62 ALTERATIONS AND

WYCOMBE ROAD WYCOMBE ADDITIONS TO EXISTING RESIDENCE AT 64 WYCOMBE ROAD, NEUTRAL BAY (LOT 1/ DP 1 SHADOW DIAGRAM 9AM JUNE 21 5 JUNE 9AM ELEVATION ON NO. 62 731601) - 1:200 - 1:100 FOR KATRINA COCHRANE

ISSUE A. FOR DA SUBMISSION (APR 2018) B. FRONT PLANTER EXTENDED TO SIDES BOUNDARY 36.24 AND PRIVACY SCREENS ADDED TO BOTH SIDES (MAY 2018)

BOUNDARY

015

10 NEW EXISTING TERRACE LAWN NEW EXISTING 10 BELOW BELOW EXISTING PITCHED ROOF LAWN . AREA OF NEW SHADOW 085 PITCHED ROOF BELOW

BOUNDARY LANE NO. 64

BOUNDARY 21.30 BOUNDARY 10.42 BOUNDARY 6.3

NO. 62

AREA OF NEW SHADOW WYCOMBE ROAD WYCOMBE NEW SHADOW CREATED BY PRIVACY SCREEN

2 SHADOW DIAGRAM 12PM JUNE 21 4 JUNE 12PM ELEVATION ON NO. 62 - 1:200 - 1:100

BOUNDARY 36.24

BOUNDARY AREA OF NEW SHADOW APROXIMATE SHADOW

015 . CAST BY EXISTING TREES LEGEND:

10 NEW ALONG BOUNDARY SHOWN EXISTING TERRACE LAWN NEW DOTTED EXISTING 10 AREA OF EXISTING SHADOW BELOW BELOW EXISTING PITCHED ROOF LAWN . 085 PITCHED ROOF BELOW WINDOW IS CURRENTLY CAST IN SHADOW FROM EXISTING AREA OF PROPOSED NEW SHADOW

BOUNDARY LANE DENSE CANOPY TREES; NO. 64 AREA OF ADDITIONAL SHADOW ASIDE FROM THIS ONLY 50% ON ADJOINING PROPERTY OF THE WINDOW IS CAST IN SHADOW FROM THE BOUNDARY 21.30 BOUNDARY 10.42 BOUNDARY 6.3 PROPOSED WORKS (REMAINING 50% PARTIALLY SHADOW DIAGRAM NO. 62 SHADED BY N0.64 PRIVACY

SCREEN) JUNE WYCOMBE ROAD WYCOMBE

SCALE 1:200, 1:100@A2 3 SHADOW DIAGRAM 3PM JUNE 21 6 JUNE 3PM ELEVATION ON NO. 62 DATE MAY 2018 - 1:200 - 1:100 JOB NO. SRCN DWG. NO. ISSUE DA1004 B

Reports -______04/07/18______

Reports -04/07/18