Item ____IPP08_______ - REPORTS -_______06/07/2016________
N O R T H S Y D N E Y C O U N C I L R E P O R T S
NSIPP MEETING HELD ON 6/07/2016
Attachments:
1. Site Plan
2. Architectural plans
3. Landscape plan
ADDRESS/WARD: 21 McDougall Street, Kirribilli (V)
APPLICATION No: DA11/16
PROPOSAL: Alterations and additions to the existing semi detached dwelling
including a rear ground floor addition
PLANS REF:
Drawing No. Revision Title Drawn by Dated
1 of 8 - Site Analysis Plan Architronics Building
Design
20/06/16
2 of 8 - Site cover, landscape and un-built
upon area calculations
Architronics Building
Design
11/06/16
3 of 8 - Roof joining analysis Architronics Building
Design
2/05/16
4 of 8 - Windows schedule, BASIX
Commitments
Architronics Building
Design
30/05/16
5 of 8 - Plan, SW elevation Architronics Building
Design
20/06/16
6 of 8 - SE and NW elevations, section Architronics Building
Design
20/06/16
OWNER: C.A Williams and G.D Wadley
APPLICANT: Urbanesque Planning,
AUTHOR: Luke Donovan, Senior Assessment Officer
DATE OF REPORT: 24 June 2016
DATE LODGED: 21 January 2016
AMENDED: 22 February 2016, 12 May 2016 and 3 June 2016
RECOMMENDATION: Approval
Report of Luke Donovan, Senior Assessment Officer Page 2
Re: 21 McDougall Street, Kirribilli
EXECUTIVE SUMMARY
This development application seeks consent from NSIPP for alterations and additions to an
existing terrace including a rear ground floor addition on land at No.21 McDougall Street,
Kirribilli. This property is identified as a Contributory item within the Careening Cove
Conservation Area.
This development application is referred to the North Sydney Independent Planning Panel
for determination at the request of Councillors Baker and Reymond.
Council’s notification of the original proposal attracted five (5) submissions against the
application whilst the amended proposal attracted three (3) submissions. The matters raised in the
submissions include excessive excavation, adverse amenity impacts to adjoining properties
including loss of privacy and solar access, stormwater impacts, non-compliant side setbacks and
inconsistencies between drawings.
The proposed addition is single storey in scale, located at the rear of the dwelling, and not visible
from the public domain so there will be no adverse impact on the character of the Careening
Cove Conservation Area. The addition is significantly setback from the rear boundary of the site
to allow for improved soft landscaping to assist in maintaining the landscape character of the
locality.
The proposed addition complies with the building height control in NSDCP 2013 and the site
coverage and landscaped area controls in NSDCP 2013.
Appropriate conditions of consent are recommended to minimise any adverse impacts to
structures and vegetation on adjoining properties.
The proposal has been assessed having regard to Section 79(C) of the Environmental Planning
and Assessment Act 1979 (as amended) and found to be satisfactory. Accordingly, the proposal is
recommended for approval subject to appropriate standard and site specific conditions.
LOCATION MAP
MILSO
NS POINT STATIO
NSTREET
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Re: Page 3
Property/Applicant Submittors - Properties Notified
21 McDougall Street, Kirribilli - DA 11/16
Report of Luke Donovan, Senior Assessment Officer Page 4
Re: 21 McDougall Street, Kirribilli
DESCRIPTION OF PROPOSAL
The applicant is seeking approval from NSIPP for alterations and additions to the existing semi
detached dwelling including a rear ground floor addition on land at No.21 McDougall Street,
Kirribilli. The proposed works can be summarised as follows:
Minor alterations to the rear of existing dining room and WC, including the demolition of
an internal wall. The existing skillion roof over the rear of the dwelling is proposed to be
replaced with a gable roof that has a 10 degree roof pitch
A new single storey addition at the rear of the existing dwelling with a new bathroom.
A new covered patio on the southern side of the addition
New retaining walls and landscaping at the rear of the site
The demolition of the existing timber shed adjacent to the rear (south western) boundary.
The demolition of the existing toilet structure adjacent to the rear (south eastern)
boundary.
The existing party walls are proposed to be retained with a new shed to be built on the
enlarged plinth.
STATUTORY CONTROLS
North Sydney LEP 2013
Zoning – R2 (Low Density Residential) Zone
Item of Heritage – No
In Vicinity of Item of Heritage – No
Conservation Area – Yes (Contributory Item within the Careening Cove Conservation
Area)
FSBL – No
Environmental Planning & Assessment Act 1979
SREP (Sydney Harbour Catchment) 2005
SEPP No. 55 – Remediation of Land
SEPP (Building Sustainability Index – BASIX) 2004
Local Development
POLICY CONTROLS
NSDCP 2013
DESCRIPTION OF LOCALITY
The subject site is identified as Lot A in Deposited Plan 107669 and is known as 21 McDougall
Street Kirribilli. The subject site is irregular in shape and is located on the south eastern side of
McDougall Street.
Report of Luke Donovan, Senior Assessment Officer Page 5
Re: 21 McDougall Street, Kirribilli
Figure 1 – Aerial photograph of subject site and surrounding development
The existing two storey terrace has been constructed of brick and tile. A brick WC has a shared
party wall with No.23 McDougall Street is located in the rear part of the site. The site has the
benefit of a right of footway running along the northern side of the boundary which provides
access to the rear of the dwelling and also to the rear of No. 19 McDougall Street. The site has a
total area of 224.6m². The site has a frontage to McDougall Street of 7.33m including the width
of the right of footway.
Figure 2 – Rear elevation of subject dwelling
Report of Luke Donovan, Senior Assessment Officer Page 6
Re: 21 McDougall Street, Kirribilli
Figure 3 – Rear garden of the subject site
Surrounding development is predominantly two storey terrace housing which also form part of
the Careening Cove Conservation Area. The subject site is diagonally opposite the heritage listed
Milson Park.
RELEVANT HISTORY
Previous applications
Development Application No. DA175/13 proposing alterations to the existing dwelling
including new rear sliding door and skylights was approved by Council on 5 August 2013.
Development Application No. DA168/15 proposing a rear extension and a studio addition was
rejected by Council on 28 May 2015. The application was re-lodged with Council on 26 June
2015 as Development Application No.222/15. This application was withdrawn by the applicant
on 19 August 2015.
Development Application DA371/15 proposing a rear ground floor pavilion addition and
breezeway was rejected by Council on 15 October 2015.
Current application
A brief history of the subject application is summarised in the table below:
21 January 2016 The subject development application was lodged with Council.
3 February 2016 A letter was sent to the applicant requesting the following information:
Site coverage, landscaped and un-built upon area compliance
plan.
Revised shadow diagrams
More detailed architectural plans
Adjoining owners consent
Report of Luke Donovan, Senior Assessment Officer Page 7
Re: 21 McDougall Street, Kirribilli
5 February to 19
February 2016
The subject application was notified to adjoining property owners and
the Milson Precinct. Five (5) submissions were received against the
application.
4 March 2016 Council’s Assessment Officer had an on-site meeting with the owner and
the applicant. Concerns were raised at the meeting regarding the
excessive length of the rear pavilion addition (site coverage) and the
inconsistencies between the drawings.
12 May 2016 The applicant submitted amended plans in response to the issues raised at
the site meeting. The main amendments to the plans include a reduction
in the length of the rear pavilion addition and an increase in soft
landscaping at the rear of the site.
20 May to 3 June
2016
The amended application was notified to adjoining property owners and
the Milson Precinct. Three (3) submissions were received against the
application.
3 June, 14 June
and 23 June 2016
The applicant submitted further amended plans correcting some minor
inconsistencies in the drawings.
REFERRALS
Building
The application has not been assessed in respect of the Building Code of Australia however a
condition requiring compliance with the BCA was originally recommended for imposition and
remains on the consent. Furthermore, should significant changes be necessary to facilitate the
release of a Construction Certificate for the works included in this application, an additional
Section 96 application may be necessary.
Heritage
The application was referred to Council’s Conservation Planner whose comments are
summarised below:
“The subject property is identified as a Contributory item and is located within the
Careening Cove Conservation Area. The dwelling is one of three pairs of almost identical
Victorian Regency style semi-detached dwellings located at No’s 17 to 27 McDougall
Street. The dwelling has an intact primary form and front façade. There is a
contemporary narrow skillion-roofed addition at the rear.
The proposal is considered to satisfy Clause 5.10 of NSLEP 2013 in that the significance
of the primary form and front façade are to be retained. The proposed works will not be
visible from the public domain, so the character of the conservation area will be retained.
The application has been considered below against the relevant heritage controls in Part
B, Section 13 of NSDCP 2013 –
13.4 Development in Vicinity of Heritage Items – There will be no impact to the heritage
listed Milson Park located opposite the site.
Report of Luke Donovan, Senior Assessment Officer Page 8
Re: 21 McDougall Street, Kirribilli
13.6.1 General Objectives – The proposal is compliant in that the proposed works are
located at the rear and will not be visible from the public domain.
13.6.2 Form, Massing, Scale – The proposed new pavilion style addition will have a
contemporary character which is considered to be compliant in that it will not have a
negative impact upon the characteristic built form of the area. The primary form of the
original dwelling will remain intact and clearly legible.
No objection is raised to the nil setback to the boundary of No.23 McDougall Street, as a
nil setback is not uncommon in the conservation area. The proposed rear setback is
considered to be acceptable as there is not a clearly established rear setback along the
southern side of McDougall Street due to the unusual shape of these lots. A number of the
properties along the southern side of McDougall Street have out buildings in the rear
garden.
The proportions of the proposed horizontal windows to the new pavilion addition are not
characteristic to the conservation area; however, no objection is raised as it will not be
visible from the public domain.
13.6.3 Roofs – No objection is raised to the proposed new roof for the pavilion addition.
Although uncharacteristically pitched at 10 degrees, the lower ridge height (RL11.34)
reduces the bulk and height of the addition, allowing the primary form to be visually
dominant and limiting the visibility of the addition from neighbouring properties.
13.9.1 Skylights – No objection is raised to the re-use of the skylights on the new rear
addition.
13.9.4 Materials and Colours – No objection is raised to the use of corrugated roof
sheeting and weatherboard cladding. A condition is recommended that the new windows
and doors to the pavilion addition are to have aluminium or steel framing sections of a
width 45mm or wider, or are to be timber-framed to ensure consistency with the
materials used in the conservation area (refer to Condition C3).
Engineering
The application was referred to Council’s Development Engineer who raised no objection to the
proposal on engineering grounds subject to standard conditions of consent (refer to Condition
C14)
SUBMISSIONS
Original application
The original application was notified to the Milson Precinct and adjoining properties between 5
February and 19 February 2016. Five (5) submissions were received against the application. The
issues raised in this submission are summarised below and addressed later in this report:
Report of Luke Donovan, Senior Assessment Officer Page 9
Re: 21 McDougall Street, Kirribilli
Basis of Submissions
Extent of excavation
Noise impact
Loss of solar access
Loss of outlook
Uncharacteristic built form
Stormwater impacts
Adverse impacts to the common party wall
Non-compliance with the site coverage control
Lack of detail on the plans.
Unsympathetic rear addition.
Non compliance with the site coverage control.
Noise impact
Non-compliant side setback.
Inconsistent rear setback
Adverse stormwater impact
Unsympathetic rear addition.
Inaccuracies between the plans
Amended application
The amended application was notified to the Milson Precinct and adjoining properties between
20 May and 3 June 2016. Three (3) submissions were received in response to Council’s amended
notification. The submissions raised no new issues.
CONSIDERATION
The relevant matters for consideration under Section 79C of the Environmental Planning and
Assessment Act 1979, are assessed under the following headings:
SREP (Sydney Harbour Catchment) 2005
Having regard to the SREP (Sydney Harbour Catchment) 2005 (gazetted on 28 September
2005), the proposed development is not considered to be detrimental to the Harbour and will
not unduly impose upon the character of the foreshore given there are no primary views to the
site from the harbour. As such, the development satisfies the provisions contained within the
above mentioned SREP.
SEPP 55 (Remediation of Land)
The provisions of SEPP 55 require Council to consider the likelihood of land contamination
and any remediation necessary to rehabilitate the site. Council’s records indicate that the site
has previously been used for residential development and as such is unlikely to contain any
contamination. The requirements of SEPP 55 have therefore been satisfactorily addressed.
SEPP (Building Sustainability Index – BASIX) 2004
A suitable BASIX Certificate has been submitted with the application. A condition of consent
is recommended requiring compliance with the commitments contained in the certificate
(refer to Condition C18 and G6).
Report of Luke Donovan, Senior Assessment Officer Page 10
Re: 21 McDougall Street, Kirribilli
NORTH SYDNEY LEP 2013
Permissibility within the zone:
The site is zoned R2 (Low Density Residential) under the provisions of the North Sydney Local
Environmental Plan 2013. The application proposes alterations and additions to an existing semi-
detached dwelling which is a permissible form of development in the R2 Low Density
Residential zone with development consent from Council.
R2 (Low Density Residential) Zone Objectives
The proposed development is considered to generally satisfy the objectives of the zone as the
proposal will maintain the low density residential character of the neighbourhood while providing
improved residential amenity for the occupants of the dwelling without adversely impacting the
residential amenity of neighbouring properties in terms of solar access or privacy.
Building Heights
Under the provisions of Clause 4.3(2B), the maximum height of a building permitted on the
subject site is 5.5m being a small lot (
Report of Luke Donovan, Senior Assessment Officer Page 11
Re: 21 McDougall Street, Kirribilli
Through the recommended conditions of consent the proposal is considered satisfactory
having regard to Clause 6.10 in NSLEP 2013.
DCP 2013 Compliance Table
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
complies Comments
1.2 Social Amenity
Population Mix
Yes
Residential accommodation within the locality would be maintained.
The proposal would have no impact in terms of maintaining affordable
housing or population mix within Kirribilli Maintaining Residential
Accommodation
Affordable Housing
1.3 Environmental Criteria
Topography Yes (via
conditions)
The proposal will generally maintain the natural topography of the
site. The application proposes excavation to a maximum depth of
approximately 900mm to accommodate the rear pavilion. Whilst
excavation is proposed adjacent to both the south eastern and north
western boundaries, appropriate conditions of consent are
recommended to minimise any adverse impacts to structures and
vegetation on adjoining properties (refer to Conditions C5 and
C9).
Views Yes The proposed single storey rear pavilion will not impact on any
significant views for adjoining properties given that it will be single
storey. The proposal will generally maintain the existing outlook at
the rear for the adjoining properties as the new works are
predominantly below the existing boundary fence line.
Solar Access Yes The proposal will result in some minor overshadowing to the rear
garden of No.23 McDougall Street between 2pm and 3pm during the
winter solstice. The level of impact is considered reasonable as the
height of the addition (3.4m) is significantly below the maximum
control (5.5m). The rear garden will receive solar access between
10am and 2pm during the winter solstice and is therefore compliant
with the minimum solar access requirements in P1 in Part B, Section
1.3.7 in NSDCP 2013.
Acoustic Privacy Yes The proposed single storey rear addition is unlikely to result in
adverse acoustic impacts to neighbouring properties given the
residential nature of the development. The proposal incorporates a
covered vergola over the rear patio and the additional boundary
screen planting will further assist in minimizing any noise nuisance
for adjoining properties.
Visual Privacy Yes The proposed windows and openings within the addition are unlikely
to adversely affect visual privacy with adjoining properties for the
following reasons:
The proposed sliding doors and windows on the northwest
(side) elevation would be located below the boundary fence
line.
No new openings are proposed along the southeast (side)
elevation.
The proposed sliding doors and side window on the
southwest (rear) elevation would have an outlook into the
rear yard of the subject site, not the adjoining properties.
Furthermore, the addition is setback a minimum of 11.065m
from the rear boundary.
Significant screen planting is proposed along the southern
and western boundaries to further assist in maintaining
privacy with adjoining properties.
Report of Luke Donovan, Senior Assessment Officer Page 12
Re: 21 McDougall Street, Kirribilli
The proposal is considered acceptable having regard to Part B,
Section 1.3.10 in NSDCP 2013.
1.4 Quality built form
Context YES The proposal generally responds to the existing characteristics and
constraints of the site. The proposed rear addition is considered to be
generally characteristic of other properties along McDougall Street
with similar rear additions (No’s 31 and 33 McDougall Street).
Figure 4 – Aerial photograph of subject site and surrounding
developments
Streetscape Yes The proposed single storey addition located at the rear of the
existing two storey semi detached dwelling would not be visible
from the public domain and therefore not impact the streetscape.
Council’s Development Engineer has recommended appropriate
conditions of consent to ensure the protection of Council’s
infrastructure.
Siting Yes The proposal will maintain the existent building orientation and
siting. The location of the single storey rear addition is considered to
be appropriate given the irregular shape and narrowness of the site
Setback – Side Yes
No
North western side boundary
The proposed addition has a 1.2m setback (minimum) to the north
western boundary and compliant with the minimum side setback
(900mm) specified in P2 in Part B, Section 1.4.6 in NSDCP 2013.
Boundary Proposed Control Complies
North western 1200mm 900mm Yes
South eastern side boundary
The proposed addition has a nil setback to the south eastern boundary
of the site. Pursuant to P3 in Part B, Section 1.4.6 in NSDCP 2013,
Council must not grant consent to a development with a nil setback to a
side boundary unless the applicant has satisfactorily addressed the
questions identified in the Land and Environment Court Planning
Principle “Building to the side boundary in residential areas”
established in Galea v Marrickville Council [2003] NSWLEC 113. The
application has been considered having regard to the matters in the
above planning principle.
No. 31 McDougall
Street
No. 33 McDougall
Street (rear
addition
approved under
DA11/15)
Subject site
Report of Luke Donovan, Senior Assessment Officer Page 13
Re: 21 McDougall Street, Kirribilli
These are summarised below:-
(a) Is the street characterised by terrace housing?
The southern side of McDougall Street is characterised by semi-
detached dwellings.
(b) What is the height and length of the wall on the boundary?
The proposed single storey rear addition has a length of 8.735m and a
height of 2.75m.
(c) Has the applicant control over the adjoining site(s) or the agreement of their owners?
A condition is recommended that the works are constructed wholly with
the subject site. The application does not propose any works to the
party wall along the south eastern boundary of the site.
(d) What are the impacts on the amenity and/or development potential of adjoining sites?
The proposed single storey rear addition would not cause any adverse
amenity impacts to adjoining properties with regards to privacy, solar
access and view loss for reasons discussed throughout this report.
(e) Are there arrangement in place for the maintenance of the wall or gutters?
The box gutter along the south eastern boundary can be maintained
from the roof of the addition. Given the south eastern wall is proposed
to be constructed of concrete blocks it is unlikely to much on-going
maintenance will be required to this wall.
The proposed nil setback is considered appropriate and consistent with
other developments in Kirribilli.
Setback - Rear Yes The rear building line of the addition is setback between 11.065m and
12.7m from the rear boundary of the site by virtue of its irregular and
splayed nature. The proposed rear patio is setback between 7.3m and
9.2m from the rear boundary. The proposed rear addition is considered
acceptable for the following reasons:
The proposed rear addition is compliant with the 8m rear
setback specified the relevant Character Statement (Careening
Cove Conservation Area)
The proposal provides for a significantly improved soft
landscaped rear garden
The demolition of the rear shed allows for the planting of a
Frangipani Tree adjacent to the rear boundary of the site.
The rear setback is not uncharacteristic of surrounding
developments at No’s 31 and 33 McDougall Street.
The proposed site coverage (52%) is significantly below the
maximum site coverage control (60%) in NSDCP 2013.
Form Massing Scale
Built Form Character
Yes The proposed addition is located at the rear and submissive in scale to
the front part of the dwelling. The proposal will therefore not affect the
character of the Careening Cove Conservation Area. The height of the
proposed addition (3.4m) is significantly below the maximum building
height control (5.5m) in NSLEP 2013. The floor to ceiling height of the
addition is 2.75m and compliant with the minimum height specified in
the Building Code of Australia
Report of Luke Donovan, Senior Assessment Officer Page 14
Re: 21 McDougall Street, Kirribilli
Dwelling Entry YES The proposal does not seek a change to the existing dwelling entry.
Roofs YES The proposed rear addition has a hipped roof form with a shallow pitch
of 100. The pitch of the roof form will assist in minimizing its visual
impact upon surrounding properties.
Materials Yes (via
condition)
The materials for the proposed addition include weatherboard cladding,
concrete blocks and corrugated iron roofing. These materials are
considered acceptable and consistent with the character of the
conservation area.
Council’s Conservation Planner has recommended a condition of
consent that requires the new windows and doors within the addition to
be either aluminium or steel framing sections of a width 45mm or
wider, or preferably timber-framed to ensure consistency with the
materials used in the conservation area (refer to Condition C3)
Front Fences Yes The application does not propose any works to the existing front fence.
1.5 Quality Urban Environment
Safety and Security Yes The proposal is considered to maintain a high level of safety and
security for the occupants and visitors of the dwelling. The existing
gate at the top of right of way (north western side of dwelling) ensures
secure access is maintained to the rear of the site.
Vehicle Access and Parking Yes There is no carparking currently provided on the site. It is unreasonable
in the site circumstances to require the provision of carparking given
the constraints of the site and the fact that it is a Contributory Item
within the Careening Cove Conservation Area.
Site Coverage Yes The proposed site coverage is 52% which is compliant with the
maximum site coverage requirement (60%) in P1, Section 1.5.5 in
NSDCP 2013.
Proposed Control Complies
52% 60% Yes
Landscaped and Un-built
Upon Areas
Yes
Yes
The proposed landscaped area is 28% which complies with the
minimum landscaped area (20%) in P1, Section 1.5.6 in NSDCP 2013.
Proposed Control Complies
28% 20% Yes
The proposed un-built upon area is 20% which also complies with the
maximum un-built upon area (20%) in P1, Section 1.5.6 in NSDCP
2013.
Proposed Control Complies
20% 20% Yes
Excavation Yes (via
conditions)
The application proposes excavation to a maximum depth of
approximately 900mm to accommodate the rear pavilion addition.
Whilst excavation is proposed adjacent to both the south eastern and
north western boundaries, appropriate conditions of consent are
recommended to minimise any adverse impacts to structures and
vegetation on adjoining properties.
Landscaping Yes The proposal provides improved soft landscaping at the rear of the site,
including the planting of a Frangipani tree to assist in maintaining the
landscape character of the locality.
Front Gardens Yes The application does not propose any works to the existing front garden
on the subject site
Private and Communal
Open Space
Yes The proposal provides more useable private open space at the rear of
the site.
1.6 Efficient Use of Resources
Energy Efficiency Yes (via
conditions)
A valid BASIX Certificate was submitted with the application
demonstrating compliance with the relevant commitments (refer to
Condition C18 and G6).
Report of Luke Donovan, Senior Assessment Officer Page 15
Re: 21 McDougall Street, Kirribilli
Stormwater Management Yes Council’s Development Engineer has recommended a further condition
of consent requiring an amended stormwater plan detailing the
requirement for sub soil drainage to be conveyed to Council’s kerb in
McDougall Street.
Kirribilli Planning Area (Careening Cove Conservation Area)
The application has been assessed against the relevant controls in Part B in NSDCP 2013 and
found to be generally satisfactory as discussed in the table above. Consideration has also been
given to Part C of NSDCP 2013 and in particular Section 8 of the Character Statement for the
Kirribilli Planning Area and Section 8.3 for the Careening Cove Conservation Area where the
proposal is considered to be consistent with the characteristic built elements for the following
reasons:
The building setbacks to the side (nil-1m) and rear boundaries (8m) comply with the
characteristic setbacks
The addition is located at the rear that is single storey and modest in bulk and scale.
Low pitched (10 degree) corrugated roof to the rear addition
A condition is recommended requiring the door and window frames to the rear addition
be either timber or steel framed with sections of a width of 45mm or wider, consistent
with the Careening Cove Conservation Area.
The proposal provides a landscaped garden at the rear of the site.
SITE SUITABILITY
The proposal is considered to be suitable for the subject site as discussed throughout this report.
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 Luke Donovan, Senior Assessment Officer Page 16
Re: 21 McDougall Street, Kirribilli
8. Site Management Issues YES
9. All relevant S79C considerations of YES
Environmental Planning and Assessment (Amendment) Act 1979
SUBMITTORS CONCERNS
The original application was notified to the Milson Precinct and adjoining properties between 5
February and 19 February 2016. Five (5) submissions were received against the original
application. The amended application was notified to the Milson Precinct and adjoining
properties between 20 May and 3 June 2016. Three (3) submissions were received against the
amended application.
The issues raised in the submissions are summarised and addressed with planning comments
below:
Extent of excavation
The application proposes excavation to a maximum depth of approximately 900mm to
accommodate the rear pavilion addition. Whilst excavation is proposed adjacent to both the
eastern and western boundaries, appropriate conditions of consent are recommended to minimise
any adverse impacts to structures and vegetation on adjoining properties (refer to Conditions
C5, C6, and C9).
Council’s Landscape Development Officer is of the opinion that the proposed excavation for the
addition, which is adjacent to southern eastern boundary of the site, is unlikely to adversely
impact the existing Orange Jassamine that is planted along the north western boundary of No.23
McDougall Street.
Noise impact
The proposed single storey rear addition is unlikely to result in adverse acoustic impacts to
neighbouring properties given the residential nature of the development. The proposal
incorporates a covered vergola over the rear patio and additional boundary screen planting that is
likely to assist in minimizing any adverse noise impacts to adjoining properties.
Loss of solar access
The proposal will result in some minor overshadowing to the rear garden of No. 23 McDougall
Street between 2pm and 3pm during the winter solstice. The level of impact is considered
reasonable as the height of the addition (3.4m) is significantly below the maximum control
(5.5m). The rear garden will receive solar access between 10am and 2pm during the winter
solstice and is therefore compliant with the minimum solar access requirements in P1 in Part B,
Section 1.3.7 in NSDCP 2013.
Loss of outlook
The proposal will generally maintain the existing outlook at the rear for the adjoining properties
as the new works are predominantly below the existing boundary fence line. The low pitched
roof (10 degrees) will further assist in minimising any adverse visual impacts for adjoining
properties.
Report of Luke Donovan, Senior Assessment Officer Page 17
Re: 21 McDougall Street, Kirribilli
Uncharacteristic built form
Unsympathetic rear addition
The proposed single storey rear addition is considered to be characteristic of the Careening Cove
Conservation Area as discussed in detail by Council’s Conservation Planner earlier within this
report.
Stormwater impacts
Council’s Development Engineer has recommended a further condition of consent requiring an
amended stormwater plan detailing the requirement for sub soil drainage to be conveyed to
Council’s kerb in McDougall Street (refer to Condition C14).
Adverse impacts to the common party wall
A condition of consent is recommended that no approval is given under this application to any
works to the common party or retaining walls along the boundaries of the site. A further
condition is recommended requiring all new retaining walls and structures to be constructed
wholly within the subject site (refer to Conditions C1 and G1).
Non compliance with the site coverage control
The proposed site coverage is 52% which is compliant with the maximum site coverage
requirement (60%) in P1, Section 1.5.5 in NSDCP 2013.
Inaccuracies between the plans
Lack of detail on the plans
The applicant has corrected the inaccuracies between the plans and provided sufficient detail to
enable a detailed assessment of the application.
Non compliant side setback
The proposed addition has a 1.2m setback (minimum) to the north western boundary of the site
and is compliant with the minimum side setback (900mm) specified in P2 in Part B, Section 1.4.6
in NSDCP 2013. The proposed addition has a nil setback to the south eastern boundary of the site
which is considered acceptable as there are unlikely to be any adverse impacts to No.23
McDougall Street and the setback is characteristic of surrounding developments in the Careening
Cove Conservation Area.
Inconsistent rear setback
The rear building line of the addition is setback between 11.065m and 12.7m from the rear
boundary of the site by virtue of its irregular and splayed nature. The proposed rear patio is
setback between 7.3m and 9.2m from the rear boundary. The proposed rear addition is considered
acceptable for the following reasons:
The proposed rear addition is compliant with the 8m rear setback specified the relevant
Character Statement (Careening Cove Conservation Area).
The proposal provides for a significantly improved soft landscaped rear garden.
Report of Luke Donovan, Senior Assessment Officer Page 18
Re: 21 McDougall Street, Kirribilli
The demolition of the rear shed allows for the planting of a Frangipani Tree adjacent to
the rear boundary of the site to maintain a landscape setting for the contributory item.
The rear setback is characteristic of surrounding developments at No’s 31 and 33
McDougall Street.
The proposed rear setback is therefore considered to be acceptable in the site circumstances and
consistent with the objectives in Part B, Section 1.4.6 in NSDCP 2013.
PUBLIC INTEREST
The recommended approval of the application is unlikely to offend the public interest for the
reasons provided throughout this report.
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 generally satisfactory in the site circumstances.
The proposed addition is single storey in scale, located at the rear of the dwelling, and not visible
from the public domain so there will be no adverse impact upon the character of the Careening
Cove Conservation Area. The addition is significantly setback from the rear boundary of the site
to allow for improved soft landscaping to assist in maintaining the landscape character of the
locality.
The proposed addition complies with the building height control in NSDCP 2013 and the site
coverage and landscaped area controls in NSDCP 2013.
Appropriate conditions of consent are recommended to minimise any adverse impacts to
structures and vegetation on adjoining properties arising from the proposed excavation.
Having regard to the provisions of Section 79C of the Environmental Planning & Assessment
Act 1979, the application is considered to be satisfactory and recommended for approval subject
to the attached standard and site specific conditions.
RECOMMENDATION
PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT
ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the A/General
Manager as the consent authority, grant consent to Development Application No. 11/16 for
alterations and additions to the existing semi detached dwelling including a rear ground floor
addition on land at No.21 McDougall Street, Kirribilli, subject to the attached conditions and the
following site specific conditions:-
Report of Luke Donovan, Senior Assessment Officer Page 19
Re: 21 McDougall Street, Kirribilli
Works wholly within the subject site
C1. Structural drawings and certification prepared by a suitably qualified Engineer
shall be prepared demonstrating that all works are located wholly within the site
boundaries, and that no works are proposed to any common party walls and all
new works do not rely structurally on the support from the common party walls.
Additionally, no works are to be undertaken to the existing retaining walls
straddling the boundaries at the rear of the site without first obtaining written
consent from the owners of the adjoining land.
Plans and specifications which comply with this condition shall be submitted to
the Certifying Authority for approval prior to the issue of a Construction
Certificate. The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on, and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
Note: If structural certification for the above cannot be obtained then a Section
96 application is required to be lodged with Council seeking consent to
undertake works to the party walls, and will require the owner’s consent
of both neighbouring properties.
(Reason: To ensure all works are located wholly within the subject site)
Boundary Fencing
C2. Any new boundary fencing must be constructed from timber to a maximum
height of 1800mm above existing ground level.
Plans and specifications which comply with this condition shall be submitted to
the Certifying Authority for approval prior to the issue of a Construction
Certificate.
(Reason: To ensure consistency with the terms of this consent)
New Windows and Doors
C3. The new windows (W2 and W3) and doors (W1 and W4) must have aluminium
or steel framing sections of a width of 45mm or wider, or to be timber-framed.
Plans and specifications which comply with this condition shall be submitted
to the Certifying Authority for approval prior to the issue of a Construction
Certificate.
(Reason: To be sympathetic to the character of the original dwelling)
LUKE DONOVAN ROBYN PEARSON
SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS
Stephen Beattie
MANAGER OF DEVELOPMENT SERVICES
September 2013 v1
NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL
21 MCDOUGALL STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 11/16
A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and
documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.
Plan No. Issue Title Drawn by Received
1 of 8 - Site Analysis Plan Architronics Building Design
20/06/16
3 of 8 - Roof joining analysis Architronics Building Design
2/05/16
4 of 8 - Windows schedule, BASIX Commitments
Architronics Building Design
30/05/16
5 of 8 - Plan, SW elevation Architronics Building Design
20/06/16
6 of 8 - SE and NW elevations, section
Architronics Building Design
20/06/16
- - Landscape Plan Leafscape Designs 10/05/16
(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information)
Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the
plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information and to ensure ongoing compliance)
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No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that
documented on the approved plans.
(Reason: To ensure compliance with the approved development) External Finishes & Materials A4. External finishes and materials must be in accordance with the submitted schedule
indicated on Drawing 4 of 8 dated 30 May 2015, prepared by Architronics and received by Council on 3 June 2016 unless otherwise modified by Council in writing. (Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Works wholly within the subject site C1. Structural drawings and certification prepared by a suitably qualified Engineer shall be
prepared demonstrating that all works are located wholly within the site boundaries, and that no works are proposed to any common party walls and all new works do not rely structurally on the support from the common party walls.
Additionally, no works are to be undertaken to the existing retaining walls straddling the boundaries at the rear of the site without first obtaining written consent from the owners of the adjoining land.
Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on, and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
Note: If structural certification for the above cannot be obtained then a Section 96 application is required to be lodged with Council seeking consent to undertake works to the party walls, and will require the owner’s consent of both neighbouring properties.
(Reason: To ensure all works are located wholly within the subject site)
Boundary Fencing C2. Any new boundary fencing must be constructed from timber to a maximum height of
1800mm above existing ground level.
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Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate.
(Reason: To ensure consistency with the terms of this consent)
New Windows and Doors C3. The new windows (W2 and W3) and doors (W1 and W4) must have aluminium or
steel framing sections of a width of 45mm or wider, or to be timber-framed. Plans and specifications which comply with this condition shall be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate.
(Reason: To be sympathetic to the character of the original dwelling)
Dilapidation Report Damage to Public Infrastructure C4. 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 Report Private Property (Excavation) C5. A full dilapidation survey and report on the visible and structural condition of all
neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.
The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.
All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.
In the event that access for undertaking the dilapidation survey is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.
Note: This documentation is for record keeping purposes only, and may be used by
the developer or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.
(Reason: To record the condition of property/ies prior to the commencement of
construction)
Dilapidation Survey Private Property (Neighbouring Buildings) C6. A photographic survey and dilapidation report of adjoining properties Nos 19
McDougall Street and 23 McDougall Street, Kirribilli 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.
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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 (Semi Detached and Terrace Buildings) C7. A report from an appropriately qualified and practising structural engineer, certifying
the structural adequacy of the adjoining property No. 23 McDougall Street, Kirribilli which certifies its ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.
Under no circumstances shall the party or common wall be extended or altered without the prior written consent of the adjoining owner. Any such extension of the party wall shall be noted on title by way of appropriate easement or Section 88B instrument.
(Reason: To ensure the protection and structural integrity of adjoining
properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C8. 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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Geotechnical Report C9. A report prepared by an appropriately qualified Geotechnical Engineer certifying that
the existing rock formations and substrate on the site is capable of: a) withstanding the proposed loads to be imposed; b) withstanding the extent of the proposed excavation, including any
recommendations for shoring works that may be required to ensure the stability of the excavation;
c) providing protection and support of adjoining properties; and d) the provision of appropriate subsoil drainage during and upon completion of
construction works must be submitted for approval by the Certifying Authority prior to the issue of any Construction Certificate. Recommendations made in the certified report must be complied with at all times.
Building plans and specifications submitted for approval with any construction
certificate application must comply with (a), (b), (c) and (d) above and the certified report, including any recommendations made in the said certified report.
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 structural integrity of the subject site and adjoining sites
during the excavation process) Sediment Control C10. 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;
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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 C11. A Waste Management Plan is to be submitted for approval by the Certifying Authority
prior to the issue of any Construction Certificate. The plan must include, but not be limited to:
a) The estimated volume of waste and method of disposal for the construction
and operation phases of the development; b) The design of the on-site waste storage and recycling area; and c) Administrative arrangements for waste and recycling management during the
construction process.
The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building
waste)
External Finishes and Materials C12. The external colours and finishes must be in accordance with the approved schedule
of finishes and materials. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure quality built form of development)
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Roofing Materials - Reflectivity C13. Roofing materials must be factory pre-finished with low glare and reflectivity
properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure that excessive glare or reflectivity nuisance from roofing
materials does not occur as a result of the development) Stormwater Management and Disposal Design Plan – Construction Issue
C14. Prior to issue of the Construction Certificate, the applicant shall have a site drainage
management plan prepared by a qualified drainage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:
a) Compliance with BCA drainage requirements, Councils Engineering
Performance guide and current Australian Standards and guidelines, such as AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.
b) Stormwater runoff and subsoil drainage generated by the approved dwellings must be conveyed in a controlled manner by gravity, partly to Council’s kerb in McDougall Street and partly to the existing stormwater drainage system.
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 galvanised 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 McDougall Street disturbed for the purpose of stormwater connection shall be reconstructed as whole panel.
f) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit, directly to Council’s nearest stormwater drainage line. Details of all plans certified as being adequate for their intended purpose and complaint with the provisions of AS3500.3.2 by an appropriately qualified and practising civil engineer, shall be submitted with the application for a Construction Certificate.
g) The design and installation of the Rainwater Tanks shall comply with Basix and Sydney Water requirements. Overflow from tank shall be connected by gravity to the stormwater disposal system.
h) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.
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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) Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C15. Prior to the issue of any Construction Certificate, security deposit or bank guarantee
must be provided to Council to the sum of $2,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a
consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,
footway construction, stormwater drainage and environmental controls) required in connection with this consent
c) remedying any defects in any such public work that arise within 6 months after
the work is completed. The security 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.
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(Reason: To ensure appropriate security for works on public land and an appropriate quality for new public infrastructure)
Asbestos Material Survey C16. A report must be prepared by a suitably qualified person in relation to the existing
building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:
a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;
b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.
c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and
d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.
The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the long term health of workers on site and occupants of the
building is not put at risk unnecessarily) Security Deposit/ Guarantee Schedule 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 $2,000.00 TOTAL BONDS $2,000.00
The security required by the above schedule 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.
(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. (A213822_03) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the proposed development will meet the Government’s requirements for sustainability and statutory requirements)
D. Prior to the Commencement of any Works (and continuing where indicated)
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)
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Asbestos Material Survey
D3. Prior to the commencement of any works, a report must be prepared by a suitably qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:
a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;
b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.
c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and
d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.
The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the long term health of workers on site and occupants of the
building is not put at risk unnecessarily) Commencement of Works Notice
D4. Building work, demolition or excavation in accordance with this development consent
must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.
(Reason: To ensure appropriate safeguarding measures are in place prior to the commencement of any building work, demolition or excavation)
E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of
excavation/demolition/construction process, for convenient use of site workers.
(Reason: To ensure adequate provision is made for builders’ waste)
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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: