Item ___IPP09________ - REPORTS -_____05/08/2015___
N O R T H S Y D N E Y C O U N C I L R E P O R T S
NSIPP MEETING HELD ON 5/08/2015
Attachments:
1. Site Plan 2. Amended Architectural plans
3. Amended shadow diagrams and certification 4. Report and resolution of NSIPP (6/05/2015)
ADDRESS/WARD: 41 Ben Boyd Road, Neutral Bay (C) APPLICATION No: DA384/14 PROPOSAL: Alterations and additions to the existing semi detached dwelling PLANS REF: Drawings numbered DA01, DA02 Rev E dated 26/05/15, DA03-
DA05 Rev E dated 31/05/15, DA06 - DA10 Rev E dated 29/05/15, DA14 - DA17 Rev E dated 04/06/2015, drawn by Simon Rosewell Pty Ltd, and received by Council on 23 June 2015
OWNER: Jean-Jacques Van Helten APPLICANT: Simon Rosewell Pty Ltd AUTHOR: Luke Donovan, Senior Assessment Officer DATE OF REPORT: 27 July 2015 DATE LODGED: 3 November 2014 PREVIOUSLY REPORTED: 6 May 2015 AMENDED: 20 March, 23 June 2015 RECOMMENDATION: Approval
Report of Luke Donovan, Senior Assessment Officer Page 2 Re: 41 Ben Boyd Road, Neutral Bay
EXECUTIVE SUMMARY This development application seeks approval from NSIPP for alterations and additions to the existing semi detached dwelling on land at No. 41 Ben Boyd Road, Neutral Bay. The application is reported to North Sydney Independent Planning Panel for determination following the submission of amended plans as required by the Panel’s resolution dated 6 May 2015. A total of three (3) submissions were received against the amended proposal. The issues raised in these submissions primarily relate to the loss of solar access and visual privacy. The amended plans have made changes to the rear first floor building line and floor to ceiling heights at the rear of the ground floor to improve solar access to windows W8, W9 and W10 of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The amended plans indicate that there will be no additional overshadowing beyond that caused by the existing southern boundary fence. The amended proposal will maintain a reasonable level of solar access to the main living room of No.39 Ben Boyd Road during the winter solstice. The applicant has also deleted the front dormer to maintain the heritage significance of the dwelling. A condition of consent is recommended that the rear first floor balcony be re-designed to be more of a Juliette style balcony to address the requirement of NSIPP. The re-design of this balcony and the addition of louvres and obscure glazing to a number of the southern windows will ensure reasonable privacy is maintained with No.39 Ben Boyd Road. Subject to recommended conditions of consent, the amended proposal has generally addressed the requirements of NSIPP in their resolution dated 6 May 2015. Accordingly, the proposed development is recommended for approval.
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41
Re: Page 3
Property/Applicant Submittors - Properties Notified
41 Ben Boyd Road, Neutral Bay DA384/14
Report of Luke Donovan, Senior Assessment Officer Page 4 Re: 41 Ben Boyd Road, Neutral Bay
DESCRIPTION OF PROPOSAL The application seeks approval from NSIPP for alterations and additions to the existing semi detached dwelling on land at No. 41 Ben Boyd Road, Neutral Bay. The proposal has been modified with the submission of amended plans as requested in the Panel’s resolution dated 6 May 2015. The key changes to the original proposal (those plans received by Council on 20 March 2015) are summarised below: (a) The first floor setback has been increased by between 400mm and 1500mm from the rear
boundary by virtue of the splayed rear building line. (c) The planter boxes along the southern facade of the dwelling have been deleted. (d) The floor to ceiling heights on the south eastern corner of the ground floor reduced from
2.9 metres to 2.3 metres. (e) The architectural detailing on the eastern facade has been deleted. New architectural
detailing has been provided on the southern facade. (f) The first floor eastern balcony has been reduced in area and reconfigured. (g) The front dormer has been deleted. COMPLIANCE The Assessment Report prepared for the NSIPP Meeting on 6 May 2015 contains a detailed consideration of the issues regarding this development. The report and its attachments are also attached to this report and should be referred to in relation to the original assessment of this proposal. The amended proposal has increased the first floor rear setback, splayed the rear building line, re-designed the rear first floor balcony and lowered the floor to ceiling height which will improve solar access to northern windows W8, W9 and W10 of the primary living room of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The removal of the front dormer will maintain the streetscape significance of the heritage item. This amended proposal does not introduce new non-compliances with the relevant LEP and DCP controls. STATUTORY CONTROLS North Sydney LEP 2013
Zoning - R2 Low Density Residential Item of Heritage - Yes In Vicinity of Item of Heritage - Yes (No’s. 43, 43A, 45 and 47 Ben Boyd Road) Conservation Area - No
Environmental Planning & Assessment Act 1979 SEPP No. 55 - Remediation of Lands SEPP (Building Sustainability Index - BASIX) 2004 SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS
Report of Luke Donovan, Senior Assessment Officer Page 5 Re: 41 Ben Boyd Road, Neutral Bay
NSDCP 2013 RELEVANT HISTORY The history of key events following NSIPP’s consideration of the subject application on 6 May 2015 is summarised below: 6 May 2015 – An assessment report recommending refusal of the application was considered by NSIPP. Following a site inspection by NSIPP and further deliberations, the Panel made the following resolution:
The Panel resolved to defer the item to its next available meeting to enable the applicant to amend the plans to provide for: a) Improved solar access to No. 39 Ben Boyd Road in respect of windows W8,
W9 and W10 at the winter solstice to the extent that there is no further additional overshadowing than that provided by the fence at 11am and for windows W8 and W9 at midday;
b) The awning to the ground level is to be amended to satisfy a) above; c) The balcony off the first level bedroom is to be amended to a Juliette style
balcony to improve privacy and any overshadowing must also satisfy a) above;
d) The dormer window to the street is to be deleted. (Panel Reason: To allow development of the dwelling without unreasonable impacts to the adjoining properties, and to maintain the streetscape significance of the heritage items. The Panel considers the removal of the staircase will not adversely affect the heritage significance of the item. The amended plans if required need to be renotified under the provisions of the North Sydney DCP)
18 June 2015 - The applicant submitted a set of amended plans and shadow diagrams. The shadow diagrams were certified by a registered surveyor. Council’s Assessment Officer noted inconsistencies between the amended plans and shadow diagrams. 23 June 2015 - The applicant submitted further amended plans which resolved a number of these inconsistencies. 30 June 2015 to 14 July 2015 - The further set of amended plans were re-notified to surrounding property owners. A total of three (3) submissions were received against the amended proposal. Development at No.43 Ben Boyd Road The architectural plans including shadow diagrams indicate a previously approved two storey addition at No.43 Ben Boyd Road. A perusal of Council’s records indicate that DA15/05 for alterations and additions to the existing semi-detached dwelling approved under delegated authority on 13 January 2006 however lapsed on 13 January 2009. REFERRALS Heritage
Report of Luke Donovan, Senior Assessment Officer Page 6 Re: 41 Ben Boyd Road, Neutral Bay
The amended proposal was referred to Council’s Conservation Planner whose comments are summarised below:
The removal of the front dormer is supported as it will maintain the significance of the heritage item. The rear first floor balcony has a maximum depth of 1.5metres and is not considered to constitute a Juliette style balcony as requested by the Panel. Whilst the balcony will not be visible from the public domain and will not impact upon the heritage significant front facade, the deep splayed form of the balcony would add an uncharacteristic element to a Victorian terrace. To further improve solar access and provide a more sensitive heritage outcome a shallow (500mm deep) Juliette balcony should be provided. To maintain the heritage significance and character of the dwelling, it is recommended that the following changes are made:
The rear first floor balcony should be reduced in depth to 500mm and have a steel palisade balustrade [refer to Condition C1(b)].
The southern glazing (W3) to bedroom 3 have vertical not horizontal proportions (refer to Condition C3).
The southern glazing on the first floor master bedroom and ensuite (W8) have also been modified to highlight windows. Horizontal (highlight) windows are not sympathetic to the character of a Victorian terrace and contrary to O3 in Part B Section 13.5.1 which is to ‘ensure significant features of heritage items are retained and that development is sympathetic to these features with particular regard to bulk, form, style, character, scale, setbacks and materials'.
Planning comment The balcony indicated on the amended proposal has a maximum depth of 1.5metres and an area of approximately 3.6m². This balcony is not considered a Juliette style balcony as required by the NSIPP resolution. A condition of consent is recommended that the balcony be re-designed to have a maximum depth of 500mm to be more characteristic of a Juliette style balcony. It is also recommended that the steel framed glass balustrades be removed and replaced with steel palisade balustrades. The first floor slab that extends out over the rear of the ground floor must be non trafficable and may be planted with grasses and succulents to a maximum height of 100mm to maintain reasonable amenity with the adjoining properties [refer to Condition C1(d)]. The highlights windows on the southern façade will not be visible from the public domain. The highlight windows are considered appropriate to maintain reasonable visual privacy with the main living rooms of No.39 Ben Boyd Road SUBMISSIONS The submitters of the original proposal were notified about the submission of the amended proposal between 30 June 2015 and 14 July 2015. A total of three (3) submissions were received against the amended proposal. The issues raised in these submissions are summarised below and addressed later in this report. Basis of Submissions
Report of Luke Donovan, Senior Assessment Officer Page 7 Re: 41 Ben Boyd Road, Neutral Bay
The design of the balcony is not in accordance with the resolution of the Panel. The amended proposal will still cause a loss of solar access for 5 of the 6 northern ground
floor living room windows within No.39 Ben Boyd Road. The existing shadow diagrams prepared for mid winter are incorrect. The amended proposal is non compliant with the building height control in NSLEP 2013
and side setback control in NSDCP 2013. The proposal is contrary to the zone objectives and the aims of the NSLEP 2013. The proposed amendments are minor and unlikely to result in a material improvement in
solar access to the main living spaces of No.39 Ben Boyd Road. The southern glazing on the ground floor addition should be fixed and frosted to maintain
privacy and security. The proposed new open steel side access gates are likely to cause safety and security
issues. The amended plans are unclear and inconsistent The amended proposal will result in additional overshadowing to the rear garden of No.37
Ben Boyd Road The proposal will generate additional pressures on the existing sewer lines. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: An assessment of the original proposal on the relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 was provided in the assessment report to NSIPP dated 27 April 2015 (refer to Attachment 4). This section of the report provides an assessment of the amended proposal in the context of the requirements of the NSIPP resolution.
a) Improved solar access to No. 39 Ben Boyd Road in respect of windows W8, W9 and W10 at the winter solstice to the extent that there is no further additional overshadowing than that provided by the fence at 11am and for windows W8 and W9 at midday;
Key changes to improve solar access The amended proposal has provided an increased first floor rear setback by between 400mm and 1500mm by virtue of the splayed rear building line and lowered the floor to ceiling height of the south eastern corner of the ground floor from 2.9 metres to 2.3 metres. Consideration has been given below to the existing shadow cast by the subject dwelling and southern boundary fence on windows W8, W9 and W10 of No.39 Ben Boyd Road during the winter solstice - Existing shadow cast be the subject dwelling The existing dwelling on the subject site does not overshadow the windows referred to in the NSIPP resolution, being windows W8, W9 and W10 between 9am and 12pm at the winter solstice (as indicated in figure 1 below). The awning structure indicated on the shadow diagrams, on the eastern side of the ground floor, is non existent and any shadow caused by it
Report of Luke Donovan, Senior Assessment Officer Page 8 Re: 41 Ben Boyd Road, Neutral Bay
was not considered in this assessment. Windows W8, W9 and W10 have sill heights of 2.1 metres.
W10 W9 W8
W10 W9 W8
W10 W9
W8 W10
W9 W8
W10 W9
W10 W9
W8 W8
Report of Luke Donovan, Senior Assessment Officer Page 9 Re: 41 Ben Boyd Road, Neutral Bay
Figure 1 - Existing shadow diagrams between 9am and 12pm at the winter solstice Existing shadow cast by the southern side boundary fence There is an existing timber paling fence with maximum height 1.8 metres that is located on the subject site, adjacent to the southern boundary of the site. There is some landscaping growing along and above this part of the fence which contributes to some overshadowing of windows W8, W9 and W10 at the winter solstice (refer to Figure 2 below). The amended plans indicate the ‘reconstruction’ of this fence. A condition is recommended that this fence be constructed to a height no greater than 1.8metres above the existing ground level of the subject site and that the existing landscaping above the fence line be removed. Any new landscaping adjacent to this southern boundary fence must not attain a mature height greater than the height of the reconstructed boundary fence (1.8metres) (refer to Condition C2).
Figure 2 - Looking south west from the rear yard towards existing southern boundary fence with landscaping growing on and above the top of the fence Proposed solar access to windows W8, W9 and W10 along the northern elevation of No.39 Ben Boyd Road at the winter solstice -
W10 W9
W8
Report of Luke Donovan, Senior Assessment Officer Page 10 Re: 41 Ben Boyd Road, Neutral Bay
As detailed above, the existing southern boundary fence on the subject site already causes some overshadowing to windows W8, W9 and W10 between 9am and 12pm during the winter solstice. The amended proposal has an increased the first floor rear setback of between 400mm and 1500mm by virtue of the splayed rear building line and lowering the floor to ceiling height of the south eastern corner of the ground floor from 2.9 metres to 2.3 metres so as not to result in any additional overshadowing to the glazed areas of windows W8, W9 and W10 between 9am and 12pm during the winter solstice as detailed below: Windows W9 and W10 between 9am and 12pm at the winter solstice By virtue of the proposed rear building line along both the ground and first floor of the addition and the lowering of the floor to ceiling height, there would be no additional overshadowing to window W9 and W10 between 9am and 12pm during the winter solstice (refer to Figure 3 below).
Report of Luke Donovan, Senior Assessment Officer Page 11 Re: 41 Ben Boyd Road, Neutral Bay
Figure 3 – Proposed shadow diagrams between 9am and 12pm at the winter solstice Window W8 at 12pm at the winter solstice The south eastern corner of the first floor has been appropriately splayed and setback from the rear boundary so as not to affect solar access to the glazed area of W8 at 12pm at the winter solstice. At 12pm during the winter solstice, the window frame of W8 would be partially overshadowed by the south eastern corner of the first floor addition, however, at this time there would be no affectation of the glazed area of this window (refer to Figure 4 below).
Vertical banding off rear balcony
Report of Luke Donovan, Senior Assessment Officer Page 12 Re: 41 Ben Boyd Road, Neutral Bay
Figure 4 – Proposed 12pm shadow diagram at the winter solstice In conclusion, the amended proposal would not cause any additional overshadowing, above that cause by the existing southern fence, to the glazed areas of windows W8, W9 and W10 between 9am and 12pm at the winter solstice. The amended proposal is therefore considered to satisfy point (a) of the NSIPP resolution.
b) The awning to the ground level is to be amended to satisfy a) above; The awning over the rear of the ground floor has been deleted.
c) The balcony off the first level bedroom is to be amended to a Juliette style balcony to improve privacy and any overshadowing must also satisfy a) above;
The balcony indicated on the amended proposal has a maximum depth of 1.5metres and an area of approximately 3.6m². This balcony is not considered a Juliette style balcony as required by the NSIPP resolution. A condition of consent is recommended that the balcony be re-designed to have a maximum depth of 500mm to be more characteristic of a Juliette style balcony. It is also recommended that the steel framed glass balustrades be removed and replaced with steel palisade balustrades The first floor slab that extends out over the rear of the ground floor must be non trafficable and may be planted with grasses and succulents to a maximum height of 100mm to maintain reasonable amenity with the adjoining properties [refer to Condition C1(d)]. Pergola over the first floor balcony The amended proposal indicates an open pergola over the entire width of the rear facade. It is recommended via a condition of consent that this pergola and vertical banding be removed given the recommended re-design the balcony to be more like a Juliette style balcony. Architectural detailing on the southern facade The proposed vertical banding on the southern facade of the dwelling provides visual interest to this facade without affecting solar access to windows W8, W9 and W10 during the winter solstice.
W10 W9 W8
Existing shadow from southern boundary fence
Proposed shadow cast by first floor
First floor slab extending out from rear of dwelling to form proposed balcony
Report of Luke Donovan, Senior Assessment Officer Page 13 Re: 41 Ben Boyd Road, Neutral Bay
The other windows W5, W6 and W7 along the northern elevation of No.39 Ben Boyd Road There are three (3) other windows (W5, W6 and W7) along the northern elevation of No.39 Ben Boyd Road that provide some solar access to the ground floor living room of this dwelling during the winter solstice. The amended proposal will result in the loss of solar access to window W5, W6 and W7 during the winter solstice. It is likely that any redevelopment at the rear of the existing dwelling to provide improved internal living spaces on both the ground and first floor will result in the loss of solar access to the above mentioned windows during the winter solstice. A rear addition that was fully compliant with the building height in NSLEP 2013 and side setback controls in NSDCP 2013 would result in a similar loss of solar access to the above mentioned windows. It is simply not practicable to totally eliminate impacts from a complying or near complying scheme in such a tight dense residential area such as this. The proposed south eastern corner of the first floor is setback a further 2.3 metres than the first floor of No.39 Ben Boyd Road from the rear boundaries. For windows W6 and W7 to receive close to three (3) hours of solar access at the winter solstice, the south eastern corner of the first floor would need to be pulled back a further 3 metres which is not considered reasonable as it will affect the useability of this bedroom/en-suite and is considered unnecessary as satisfactory solar access will be maintained to windows W8, W9 and W10 of No.39 Ben Boyd Road during the winter solstice. d) The dormer window to the street is to be deleted. The dormer window on the front elevation has been deleted under the amended plans. In conclusion, the amended proposal has satisfactorily addressed items (a), (b) and (d) of this resolution. A condition of consent is recommended to address item (c) of this resolution. In addressing these items, the amended proposal is considered to maintain a reasonable level of solar access to the main living areas of No.39 Ben Boyd road during the winter solstice whilst also maintaining the heritage significance of the dwelling. Other matters for consideration Visual privacy The amended proposal indicates three (3) new first floor windows (W2 and W3) to bedroom 3 and the en-suite. There is a bedroom window directly opposite at No.39 Ben Boyd Road. The windows are separated by 865mm, and there will likely be some overlooking, a condition of consent is recommended that the bottom pane of these windows (W2 and W3) be fitted with fixed obscure glazing to maintain reasonable privacy between properties [refer to Condition C17 (a)]. The amended proposal also indicates new full length windows (W5) with external louvres along the southern facade of the rear addition. A further condition is recommended that these be horizontal louvres be fixed at an angle of 45 degrees to maintain reasonable privacy between properties [refer to Condition C17(b)]. The amended proposal also indicates new first floor highlight windows (W1 and W8) along the southern facade. These windows have a floor to sill height of 1.8 metres and would not adversely affect privacy with this adjoining property.
Report of Luke Donovan, Senior Assessment Officer Page 14 Re: 41 Ben Boyd Road, Neutral Bay
Safety and security The amended proposal indicates a new gate to provide access from the front porch of the subject site down the right of way to the rear of the subject site. The subject site benefits from this right of way. The new gate will be located wholly within the subject site and it is recommended that a lock be installed on this gate to maintain safety and security for the occupants of the subject property and the adjoining property at No.39 Ben Boyd Road (refer to Condition G1). SITE SUITABILITY The amended proposal will maintain the heritage significance of the dwelling and a reasonable level of solar access to the main living areas of No.39 Ben Boyd Road during the winter solstice and is therefore considered to be suitable for the subject site. SUBMITTORS CONCERNS The amended proposal was notified to adjoining properties between 30 June 2015 and 14 July 2015. A total of three (3) submissions were received against the amended proposal. The issues raised by the submitters are summarised and addressed below:
The design of the balcony is not in accordance with the resolution of the Panel. The balcony indicated on the amended proposal has a maximum depth of 1.5metres and an area of approximately 3.6m². This balcony is not considered a Juliette style balcony as required by the NSIPP resolution. A condition of consent is recommended that the balcony be re-designed to have a maximum depth of 500mm to be more characteristic of a Juliette style balcony. It is also recommended that the steel framed glass balustrades be removed and replaced with steel palisade balustrades The first floor slab that extends out over the rear of the ground floor must be non trafficable and may be planted with grasses and succulents to a maximum height of 100mm to maintain reasonable amenity with the adjoining properties [refer to Condition C1(d)].
The amended proposal will still impact 5 of the 6 northern ground floor living room windows of No.39 Ben Boyd Road.
Comment As detailed within this report, the amended proposal would result in no additional overshadowing to the glazed areas of windows W8, W9 and W10 along the northern facade of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The amended proposal would overshadow the other windows (W5, W6 and W7) along the northern facade of No.39 Ben Boyd between 9am and 12pm during the winter solstice. It should be noted that any redevelopment at the rear of the existing dwelling at No. 41 Ben Boyd Road to improve internal living spaces on both the ground and first floor will likely result in the loss of solar access to windows W5, W6 and W7 during the winter solstice. The amended proposal is considered to maintain reasonable solar access to the main living areas of No.39 Ben Boyd Road during the winter solstice.
The existing shadow diagrams prepared for mid winter are incorrect.
Report of Luke Donovan, Senior Assessment Officer Page 15 Re: 41 Ben Boyd Road, Neutral Bay
Comment The existing shadow diagrams indicate a ground floor rear awning structure and works from lapsed development consent at No.43 Ben Boyd Road. The shadow cast by these structures were excluded from the assessment (refer to Figure 5 below).
Figure 5 - Incorrect aspects of the shadow diagrams
The amended proposal is non compliant with the building height control in NSLEP 2013 and side setback control in NSDCP 2013.
Comment A rear two storey addition that is fully compliant with the building height (5.5 metres) and side setback controls (900mm on the ground floor and 1.5metres on the first floor) would result in a similar loss of solar access to windows W5, W6 and W7 along the northern facade of No.39 Ben Boyd Road during the winter solstice.
The proposal is contrary to the zone objectives and the aims of the NSLEP 2013. Comment The amended proposal is considered to achieve the relevant zone objectives as the heritage significance of the dwelling will be maintained with the removal of the front dormer and the main living areas of No.39 Ben Boyd Road will maintain a reasonable level of solar access during mid winter as discussed in detail throughout this report. The proposal is therefore considered to achieve the relevant zone objectives and aims of the NSLEP 2013.
The proposed amendments are minor and unlikely to result in a material improvement in solar access to the main living spaces of No.39 Ben Boyd Road.
Comment
Shadow cast for No.43 Ben Boyd
Structure at No.43 Ben Boyd Road
Report of Luke Donovan, Senior Assessment Officer Page 16 Re: 41 Ben Boyd Road, Neutral Bay
The amended proposal has provided an increased first floor rear setback by between 400mm and 1500mm by virtue of the splayed rear building line and lowered the floor to ceiling height of the south eastern corner of the ground floor from 2.9 metres to 2.3 metres. These amendments result in improved solar access to windows W8, W9 and W10 during the winter solstice and satisfy the requirements of NSIPP.
The southern glazing on the ground floor addition should be fixed and frosted to maintain privacy and security.
Comment The amended proposal indicates new full length windows (W5) with external louvres along the southern facade of the rear addition. A further condition is recommended that these be horizontal louvres be fixed at an angle of 45 degrees to maintain reasonable privacy between properties [refer to Condition C17(b)].
The proposed new open steel side access gates will likely cause safety and security issues.
Comment The amended proposal indicates a new gate to provide access from the front porch down the right of way to the rear of the subject site. The new gate will be located wholly within the subject site and it is recommended that a lock be installed on this gate to maintain safety and security for the occupants of the subject property and the adjoining property at No.39 Ben Boyd Road (refer to Condition G1).
The proposal will generate additional pressures on the existing sewer lines. Comment A condition of consent is recommended requiring that the approved plans be submitted to Sydney Water to determine whether the proposal will affect Sydney Water’s sewer and water mains and if further requirements need to be met (refer Condition D1).
The amended proposal will result in additional overshadowing to the rear garden of No.37 Ben Boyd Road
Comment The amended proposal will not affect morning solar access to the rear garden of No.37 Ben Boyd Road during the winter solstice.
The amended plans are unclear and inconsistent Comment The applicant has also corrected/rectified a number of the inconsistencies found on the earlier plans. As detailed earlier within this report, the works indicated at No.43 Ben Boyd Road have
Report of Luke Donovan, Senior Assessment Officer Page 17 Re: 41 Ben Boyd Road, Neutral Bay
lapsed and were not considered in this assessment. Appropriate conditions are recommended to maintain reasonable amenity with the adjoining property. REQUEST FOR FURTHER DEFERRAL The adjoining owner through their solicitor has requested a further deferral of this matter so that they can study in detail the shadow diagrams prepared. As noted earlier in this report save for some minor discrepancies, the shadow diagrams are reliable and suitable for assessment. However it is open to the panel to further defer the matter if it is in any doubt. PUBLIC INTEREST The amended proposal is considered to be in the public interest for the reasons provided throughout this report. CONCLUSION The amended plans have made changes to the rear first floor building line and floor to ceiling heights of the ground floor to improve solar access to windows W8, W9 and W10 of No.39 Ben Boyd Road between 9am and 12pm during the winter solstice. The amended plans indicate that there will be no additional overshadowing beyond that caused by the existing southern boundary fence. The amended proposal will maintain a reasonable level of solar access to the main living room of No.39 Ben Boyd Road during the winter solstice. The applicant has also deleted the front dormer to maintain the heritage significance of the dwelling. A condition of consent is recommended that the rear first floor balcony be re-designed to be more like a Juliette style balcony to address the requirement of NSIPP. The re-design of this balcony and the addition of louvres and obscure glazing to a number of the southern windows will ensure reasonable privacy is maintained with No.39 Ben Boyd Road. The subject proposal is largely consistent with other approvals given in the neighbourhood. Subject to recommended conditions of consent, the amended proposal has generally addressed this requirement of NSIPP. Accordingly, the proposed development is recommended for approval. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A THAT North Sydney Independent Planning Panel, as the consent authority, assume the
concurrence of the Director General of the Department of Planning and Environment and invoke the provisions of Clause 4.6 with regard to the exception to the development standard for building height and grant consent to Development Application No. 384/14 for alterations and additions to the existing semi detached dwelling on land at 41 Ben Boyd Road, Neutral Bay subject to the attached conditions including the following site specific conditions:-
Report of Luke Donovan, Senior Assessment Officer Page 18 Re: 41 Ben Boyd Road, Neutral Bay
Site specific conditions
Terms of the Consent A4. No approval is given and/or implied under this consent for any of the following
works:
a) Any of the works indicated on the property at No.43 Ben Boyd Road, Neutral Bay.
b) Any dormer on the west (street) elevation of the subject dwelling.
Reason: To ensure consistency with the terms of this approval.
Rear First Floor Balcony
C1. Prior to the issue of the construction certificate, the rear first floor balcony must be re-designed as follows:
a) The open steel framed glass balustrades must be removed and replaced
with a steel palisade balustrade. b) The depth of the balcony must be a maximum of 500mm c) The glazed awning over the balcony must be removed, including any
vertical banding d) Beyond the balcony, the remainder of the first floor slab over the ground
floor must be non trafficable, however may be planted with grasses and succulents to a maximum height of 100mm, above the height of the slab.
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 consistency with the recommendation of the Panel and
to maintain reasonable privacy with adjoining properties)
Southern Boundary Fence and Landscaping
C2. Prior to the issue of the construction certificate, details of the new southern boundary fence including landscaping must be provided to the Certifying Authority and must be designed as follows:
a) The reconstructed southern boundary fence must be either timber paling or
lapped and capped and to a height no greater than 1800mm above the existing ground level on the subject site.
b) Any new landscaping adjacent to this reconstructed southern boundary fence must obtain mature heights no greater than the height of this fence.
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.
Report of Luke Donovan, Senior Assessment Officer Page 19 Re: 41 Ben Boyd Road, Neutral Bay
(Reason: To maintain reasonable solar amenity to the main living areas of No.39 Ben Boyd Road)
First Floor Bedroom 3 Windows
C3. The two (2) first floor bedroom 3 windows (W3) must not be single wide
windows as indicated on Drawing Number DA03, Amendment E dated 31 May 2015. The two (2) first floor bedroom 3 windows (W3) on the southern elevation must be designed to have vertical proportions consistent with that indicated on Drawing Number DA08, Amendment E dated 29 May 2015.
(Reason: To ensure that new openings on the original terrace are sympathetic
to Victorian proportions.) New Access Gate
G1. Prior to the issue of the occupation certificate, a lock must be installed on the new access gate on the southern side of the front porch.
(Reason: To maintain safety and security for the occupants of the dwellings)
Luke Donovan Robyn Pearson SENIOR ASSESSMENT OFFICER TEAM LEADER (ASSESSMENTS) Stephen Beattie MANAGER OF DEVELOPMENT SERVICES
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NORTH SYDNEY COUNCIL
CONDITIONS OF DEVELOPMENT APPROVAL
41 BEN BOYD ROAD, NEUTRAL BAY
DEVELOPMENT APPLICATION NO. 384/14
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
DA01 E Site plan Simon Rosewell Pty Ltd 23 June 2015 DA02 E Ground floor plan Simon Rosewell Pty Ltd 23 June 2015 DA03 E First floor plan Simon Rosewell Pty Ltd 23 June 2015 DA04 E Attic Floor plan Simon Rosewell Pty Ltd 23 June 2015 DA05 E Street elevation Simon Rosewell Pty Ltd 23 June 2015 DA06 E Rear elevation Simon Rosewell Pty Ltd 23 June 2015 DA07 E North elevation Simon Rosewell Pty Ltd 23 June 2015 DA08 E South elevation Simon Rosewell Pty Ltd 23 June 2015 DA09 E Cross section Simon Rosewell Pty Ltd 23 June 2015 DA10 E Longitudinal section Simon Rosewell Pty Ltd 23 June 2015
(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) Terms of the consent
A4. No approval is given and/or implied under this consent for any of the following
works: 1. Any of the works indicated on the property at No.43 Ben Boyd Road, Neutral Bay 2. Any dormer on the west (street) elevation of the subject dwelling Reason: To ensure consistency with the terms of this approval.
C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Rear First Floor Balcony C1. Prior to the issue of the construction certificate, the rear first floor balcony must be re-
designed as follows:
a) The open steel framed glass balustrades must be removed and replaced with a steel palisade balustrade.
b) The depth of the balcony must be a maximum of 500mm at any one point c) The glazed awning over the balcony must be removed, including any vertical
banding d) Beyond the balcony, the remainder of the first floor slab over the ground floor
must be remain non trafficable and may be planted with grasses and succulents to a maximum height of 100mm, above the height of the slab.
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 consistency with the recommendation of the Panel and to
maintain reasonable privacy with adjoining properties) Southern Boundary Fence and Landscaping C2. Prior to the issue of the construction certificate, details of the southern boundary fence
including landscaping must be provided to the Certifying Authority and must be designed as follows:
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a) The reconstructed southern boundary fence must be either timber paling or lapped and capped and to a height no greater than 1800mm above the existing ground level on the subject site.
b) Any new landscaping adjacent to this reconstructed southern boundary fence must obtain mature heights no greater than the height of this fence.
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. (Reasons: To maintain reasonable solar amenity to the main living areas of No.39
Ben Boyd Road.)
First Floor Bedroom 3 Windows C3. The two (2) first floor bedroom 3 windows (W3) must not be single wide windows as
indicated on Drawing Number DA03, Amendment E dated 31 May 2015. The two (2) first floor bedroom 3 windows (W3) on the southern elevation must be designed to have vertical proportions consistent with that indicated on Drawing Number DA08, Amendment E dated 29 May 2015.
(Reason: To ensure that new openings on the original terrace are sympathetic to
Victorian proportions.) 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.
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A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the
commencement of construction) Dilapidation Survey Private Property (Neighbouring Buildings) C5. A photographic survey and dilapidation report of adjoining properties No’s. 39 and 43
Ben Boyd 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 (Semi Detached and Terrace Buildings) C6. A report from an appropriately qualified and practising structural engineer, certifying
the structural adequacy of the adjoining property No. 43 Ben Boyd Road, which certifies their ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.
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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 C7. A report prepared by an appropriately qualified and practising structural engineer,
certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.
(Reason: To ensure the structural integrity of the building is maintained)
Sediment Control C8. 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.
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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 C9. 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) Colours, Finishes and Materials (Heritage Items) C10. A traditional palette of finishes, materials and colour schemes must be selected for the
new building works appropriate to the architectural style of the original building and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.
(Reason: To ensure that exterior colours, finishes and materials are sympathetic
to the significance of the heritage item.) Skylight(s) C11. 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.
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Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition.
(Reason: To minimise the visual impact of the skylight(s) on the roof plane)
Roofing Materials - Reflectivity C12. 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 C13. 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 via a direct connection to Council’s stormwater line which passes at the back of the property.
c) All civil and drainage works within Council’s stormwater drainage easement shall be designed and built in accordance with Council’s current “Infrastructure Specification”. Prior to issue of the Construction Certificate the applicant must have engineering plans and specifications, prepared by a qualified civil drainage design engineer. Council must approve the plans and specifications, in writing, prior to issue of any Construction Certificate by the Certifying Authority. The documentation must provide engineering construction detail for the following public infrastructure works that must be completed as part of the approved development. Council reserve the right of keeping all bonds on infrastructure works for 12 month defects liability period.
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d) All sub-soil seepage drainage shall be discharged via a suitable silt arrester pit. 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.
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 C14. Prior to the issue of any Construction Certificate, security deposit or bank guarantee
must be provided to Council to the sum of $3,500.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a
consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,
footway construction, stormwater drainage and environmental controls) required in connection with this consent
c) remedying any defects in any such public work that arise within 6 months after
the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).
The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: -
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• 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) Asbestos Material Survey C15. 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)
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Noise from Plant and Equipment C16. The use of all plant and equipment installed on the premises must not:
(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant and equipment operating contemporaneously on the site or in the strata scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when measured at the boundary of any affected receiver . The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.
(b) Cause “offensive noise” as defined in the Protection of the Environment Operations Act 1997.
“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected receiver. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain an appropriate level of amenity for adjoining land uses)
Privacy C17. The following privacy devices are to be provided:
a) The bottom panes of the two (2) first floor bedroom 3 windows (W3) and en-suite window (W2) on the southern elevation must be fixed and fitted with obscure glass.
b) Fixed external horizontal timber louvers at a 45 degree angle must attached the
new fixed glazing that forms window W5 along the ground floor southern elevation of the dwelling. The fixed external horizontal timber louvers at a 45 degree angle must be attached to the full height of these windows.
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 an adequate level of privacy is provided to adjoining
property located at No.39 Ben Boyd Road)
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Security Deposit/Guarantee Schedule C18. 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 Drainage Construction Bond $1,500.00 TOTAL BONDS $3,500.00
(Reason: Compliance with the development consent)
BASIX Certificate C19. 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. (A201158) for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s
requirements for sustainability and statutory requirements) D. Prior to the Commencement of any Works (and continuing where indicated) Sydney Water Approvals D1. Prior to the commencement of any works, the approved plans must be submitted to a
Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works. Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)
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Commencement of Works Notice
D2. 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 Parking Restrictions
E1. 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 E2. 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 E3. 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 E4. 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 E5. 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 E6. 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 E7. 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 E8. 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 E9. 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 E10. 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: -
ATTACHMENT TO IPP09 - 5/08/15 Page 33
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September 2013 v1
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)
ATTACHMENT TO IPP09 - 5/08/15 Page 34
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September 2013 v1
Construction Hours E11. Building construction and works must be restricted to within the hours of 7.00 am to
5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.
Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the
erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.
b) “Demolition works” means any physical activity to tear down or break up a
structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.
c) “Excavation work” means the use of any excavation machinery and the use of
jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.
All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.
(Reason: To ensure that works do not interfere with reasonable amenity
expectations of residents and the community) Installation and Maintenance of Sediment Control E12. 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)
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September 2013 v1
Sediment and Erosion Control Signage E13. A durable sign must be erected during building works in a prominent location on site,
warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.
(Reason: To protect the environment from the effects of sedimentation and
erosion from development sites) Site Amenities and Facilities 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.
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)
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September 2013 v1
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)
F. Prescribed Conditions imposed under EP&A Act and Regulations and other
relevant Legislation Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and
exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:
a) in the case of work for which a principal contractor is required to be
appointed:
i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part
6 of that Act, or
(b) in the case of work to be done by an owner-builder:
(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit
under that Act, the number of the owner-builder permit.
ATTACHMENT TO IPP09 - 5/08/15 Page 37
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September 2013 v1
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)
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)
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September 2013 v1
Mandatory Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical
stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.
(Reason: Statutory)
Demolition F7. 1) 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 F8. 1) A sign must be erected in a prominent position on the site
a) stating that unauthorised entry to the work site is prohibited;
b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and
c) showing the name, address and telephone number of the Principal
Certifying Authority for the work.
2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.
(Reason: Prescribed - Statutory)
G. Prior to the Issue of an Occupation Certificate New access gate G1. Prior to the issue of the occupation certificate, a lock must be installed on the new
access gate on the southern side of the front porch. (Reason: To maintain safety and security for the occupants of the dwellings)
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September 2013 v1
Infrastructure Repair and Completion of Works G2. Prior to the issue of any Occupation Certificate any and all works relating to the
development: a. to repair and make good any damaged public infrastructure caused as a result
of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;
to the satisfaction of Council Engineers at no cost to Council.
(Reason: Maintain quality of Public assets)
Certification- Civil Works G3. An appropriately qualified and practising Civil Engineer must certify to the Certifying
Authority that the stormwater drainage system is constructed in accordance with this consent and the provisions of the applicable Australian Standard. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority) upon completion of the development works and prior to the issue of an Occupation Certificate.
(Reason: Compliance with the Consent)
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)
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September 2013 v1
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) 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) Compliance with Certain conditions G8. Prior to the issue of any Occupation Certificate C1, C2 & C3 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)
ATTACHMENT TO IPP09 - 5/08/15 Page 41
10
2020
20
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20
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ATTACHMENT TO IPP09 - 5/08/15 Page 42
For privacy reasons, the architectural plans have been removed
from this document prior to publishing on the web. The plans
attached to the hard copy report may be viewed at Stanton Library
during opening hours or at the Customer Service Centre in Council
Chambers between 9.00am and 4.00pm Monday to Friday.
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ALTERATIONS & ADDITIOñIS4r BEN BOYD ROAD,]{EUTRAL EAYJ VAN HELTEN
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JOB]IO DWOilO AIEIIDIETfT TTTLI
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ATTACHMENT TO IPP09 - 5/08/15 Page 52
APPLICATION FORiI AND CONDITIONS
Certification of Shadow DiagramsCou¡cll Usc OnlY - KceP tbic bo¡ bl¡olt
NORTH SYDNEY COUNCÍLRECEIVED III/.1
1 g iuî,j 2015
SCANNED DMS
I
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Apply by pæt to;¡ Thc General Manager
North SydneY CouncilPO Box 12North Sydney NSW 2059
Apply ln pcrtotr to:¡ Customer Service Centre
North SydncY Council200 Millcr St, North SYdneY
DX 105E7 North SYdncY
lfyor rccd bolp lodgingYourrpgücrtion:Phone ow Ct¡stomcr ServiceCentr€ on (02) 9936 Elü) or comçin and talk to us.
PART I CERTIFICATION
DECLARATION ; I hercbY certiff that the shadow diagrams submíüed with th€ proposal at:
ñ Þ ü Tt".+1-
forthe erestion of: (descriPtion of development) A LT 6 "Í tø.tX 7 ¿oni J
i)ii)ii r)iv)v)
ín accordance witlr the suwey (prepared by a registered surveyor) which ís required to be submítted wilh the proposal;
drawn to true - north;to indicate shadow c¿st by the prop'osal at 9arn,-noon, '3pq mid-winter ¡r¡d'qlæto indicate the shadow
""r, Ui !*irting Uoilains afid structufes on the site and in the sgnounding area; and
iiáppi."¡1" elevations of adjoining piemises showing existing and proposed shadows'
PART 2 CERTIFIER DETAILS
CERTIFIER: El v, D t"to I v. f] ottte'
Full Family Name (no initials) (or ComPanY)
initials) (or ACN) It/Y1Jir¡ ^JFul[ Given Names (no
Alærnate ( )Phone ( )
Mobile ( ) OLt I Facsímile ( )
Technician, SuwcYor) 5,.,¡{ã.¡ f¡ I ol?-Qualificstìon (ie' Architect Planner, Computer
Signed:Date: l]- .l<
I hsve read and the Privacry SlÂtement
Dale: .).:.',...T..--...'t(Sígned:
Ph: 9936 8100 Email: [email protected],qov'au 01t07t20'14
ATTACHMENT TO IPP09 - 5/08/15 Page 53
EasGS IJ RVEY¡ N G
17-8-2015Mr S RosowellSimon RoaouPll PtY Lü
R¡: 41 Bon loyd Rd, ilrt¡tnl Ery - Shrþry Dlrgrrmr
Dear SimonAs instrucicd by you I hare made independsnt calculationg for shadowing b¡¡od on
drawings provided by email on 16th Juno 2015. Thg sot of drawlngs are for alter¡tionc
and additions Job No'1006 amendment E dated 26-$'15'
Galculations have been made in relation to the ground floor windows w8,w9 & w10 of
adjoining residence No.39 to the south of the subject property.
I have reviewed Rendered 3 dimensional shadow diagrams titled 'shadow Diagrams
1,2,3,q dated 4h June 2015 and find them to be consistent with my own calculations
based on the information given and in accordance with the survey plan submitted with
the proPosal.
Yours faithtullY
Simon WarrenDip. SurveyingMember lnstitution of Surveyors NSW
îì{;i-, OÁ12 448 259 f ¡.' 02 ó555 300ó
ó Surfuiew ove Forsler 2428 ;;rrrti;i bosesurveying@iinet'net'ou
ATTACHMENT TO IPP09 - 5/08/15 Page 54
WINTER SOLSTICE
EXISTING SHADOWS PRIOR IO ALIERATIONS ANDADDITIONS
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1OOC DA1I ! SHAT'OWDIAGFAreISCALE DATE PTITIDilTA .r As 04.ü.16
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ATTACHMENT TO IPP09 - 5/08/15 Page 55
WINTER SOLSTICE
EXISTINGSHADOWS PRIORTO ALTERAIIOôISANDADDI]IONS
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SIMON BOSEWELL PTY LTD architecture . dæign ' proJectmanagement
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C@lyúh frvmlÆtdd6 r.qukñøtrCoryt ùh lh! Búlldæ Co@ olAushEC@lysh âl rel€6Aurù€llan Slåndd¡
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ATTACHMENT TO IPP09 - 5/08/15 Page 56
WINTER SOLSTICE
EXISTING SHADOWS PRIOR IO ALTÈRATIONS AND ADDITIONS
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JOI Irc DWO ilO ATEIIDIET'T TfTLE
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SCALE DATE ÈüilTEDr{T8 tt AÐ ol,G.lt
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ATTACHMENT TO IPP09 - 5/08/15 Page 57
WINTER SOLSTICE
EXSIING SI.IADOWS PRIOR TO ALTERATIONS ANDAD0I1CIIS
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JOB Iþ DWO I{O ATEilDNETÏ lIlLElM DA17 E SHADOW ¡)I^GRANSI
SIMON ROSEWELL PTY LTD architecture
SCALE DATE PRTTED
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ATTACHMENT TO IPP09 - 5/08/15 Page 58
NOTES
flat êlevâtÌon sh¿di¡g rop€ssnled m dwg 1
3d mdellhg q€wed fom sola.angle, as €prêsented ln dw€ 2 and 3d mdelljng
w¡dows Wé W. Wlodrawn æ €vrdsnl 21¡38mm storm mu d, 40xl40mnframs stto nsbe
iæe, 25x25mm siorm rould lo 65mm wde x 38mm sæh {i¡d@w ând 4mm lbât I æs Heights
widths ¿nd Loæton obte ned ftom suß3y)lhe ôr¿nge liie Épresnls lhe iûê of shedìng o¡ lhé wlnler e slice âl 12pm
à
ALTERATIONS & ADDITIONS41 BEN BOYD ROAD, NEUTRAL BAYJ VAN HELTEN
JOB NO DWO NO ATE¡{DtrEI{T TfILE1006 DA41 E SHADOW ANALYSIS'I
SIMON ROSEWELL PTY LTD arch¡tecture
....19!t9r!9!1!Y.|ry
SCALE DATE PRINTED
l:10O rt A3 16,07.15
2 3 JUL 2015vam
complyúrh relovânttuthodliærèqurrem€nL3CúpV wih ltu Building Cod. of Allhli€complyúh all d€vantAusrsliån SÞn@rds
<...-.
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Dmênsrons rn ñillm.tè6Conlirm dl dlmensonson 9€Þror ro commociE woúUs fg!rd dimêñdons o¡ly
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ATTACHMENT TO IPP09 - 5/08/15 Page 59
DECISION OFNORTH SYDNEY INDEPENDENT PLANNING PANEL
MEETING HELD ON 6 MAY 2015
DA No: 384n4
ADDRESS: 41 Ben Boyd Road, Neutral Bay
Alterations and additions to the existing semi detached dwellingPROPOSAL:
Luke Donovan, Senior Assessment OfficerREPORT BY NAME:
Greater than 107o non compliance with the permissible buildingheight
REASON FORNSIPPREFERRAL:
Simon Rosewell Pty LtdAPPLICAITIT:
ITEM 3
Public submissions
Laurent Horrut - SubmitterSimon Rosewell - ArchitectAnnelize Kaalsen - PlannerJohn Oultram - Heritage Consultant
Business ltem Recommendations
The Panel resolved to defer the item to its next available meeting to enable the applicant to amend theplans to provide for:
a) Improved solar access to No. 39 Ben Boyd Road in respect of windows W8, W9 and WlO at
the winter solstice to the extent that there is no further additional overshadowing than thatprovided by the fence at I lam and for windows W8 and W9 at midday;
b) The awning to the ground level is to be amended to satisff a) above;
c) The balcony off the first level bedroom is to be amended to a Juliette style balcony to improveprivacy and any overshadowing must also satisfo a) above;
d) The dormer window to the street is to be deleted.
(Panel Reason: To allow development of the dwelling without unreasonable impacts to the adjoiningproperties, and to maintain the streetscape signifrcance of the heritage items. The
Panel considers the removal of the staircase will not adversely affect the heritage
significance of the item. The amended plans if required need to be renotified underthe provisions of the North Sydney DCP.)
Voting was as follows: Unanimous
No Panel Member Yes NoPanel Member YesX Michael Harrison XJan MunellX Ian Pickles XFrancesca O'Brien
ATTACHMENT TO IPP09 - 5/08/15 Page 60
Item IPP03 - REPORTS - 0610512015
NORTH SYDNEY COUNCIL REPORTS
NSIPP MEETING HELD ON 06/05/2015
ADDRESS/WARD: 41 Ben Boyd Road, Neutral Bay (C)
APPLICATION No: DA384/t4
PROPOSAL: Alterations and additions to the existing semi detached dwelling
PLANS REF: Drawings numbered DA01 -DAl0, DA14 - DA15 Rev C, dated
1610312015, drawn by Simon Rosewell Pty Ltd, and received byCouncil on 20 Marchz0Is
OWNER: Jean-Jacques Van Helten (No.41 Ben Boyd Road)
Earl and Fiona Hekking (No.43 Ben Boyd Road)
APPLICANT: Simon Rosewell Pty Ltd,
AUTIIOR: Luke Donovan, Senior Assessment Officer
DATE OF REPORT: 27 April?0l5
DATE LODGED: 3 November 2014
AMEITIDED: 20 March 2015 (Amended plans)
Attachments:1. Site plan
2. Architectural plans
3. Shadow diagrams4. Clause 4.6 submission
RECOMMENDATION: Retusal
ATTACHMENT TO IPP09 - 5/08/15 Page 61
Report of Luke Donovan, Senior Assessment Officer Page2
Re: 4l Ben Road, Neutral Bay
EXECUTIVE SUMMARY
This development application seeks approval from NSIPP for alterations and additions to the
existing semi detached dwelling on land at No. 4l Ben Boyd Road, Neutral Bay.
The application is reported to NSIPP because the proposed works are above the
permissible height limit of 5.5m pursuant to clause 4.3(28) in NSLEP 2013. The
noncompliance with the permitted height limit is greater than l0V" requiringdetermination by NSIPP as directed by the Department of Planning and Infrastructure.
Council' s notification of the original proposal has attracted three (3) submissions against and one
(l) submission in support ofthe proposal. The submissions raised particular concerns about loss
of solar access and visual privacy, excessive bulk and scale and non compliance with building
height and side setback controls.
The design and location of the main open plan living room of the adjoining property at No.39
Ben Boyd Road mean they are largely reliant on solar access through the ground floor northern
windows. The existing subject dwelling maintains greater than three hours of solar access to at
least three (3) of the six (6) ground floor northern windows during mid winter and the equinox.
Of these ground floor northern windows, the proposed development maintains approximately two
and a half hours of solar access to two (2) of the windows and only one and a half hours to one
(1) of the other windows during mid winter. The non compliance with the building height and
side setback controls contribute to this level of overshadowing to this adjoining property.
Whilst the applicant has indicated that a building envelope that complied with the building height
and side setback controls would result in a greater level of overshadowing to this adjoiningproperty, the rear building setback and architectural detailing on both the ground and first floors
are the main contributor to this level of overshadowing to the main living areas of No.39 Ben
Boyd Road. On balance, the level of overshadowing is considered unacceptable as only a quarter
of the floor area of the main living room of No.39 Ben Boyd Road would receive any solar access
during mid winter contrary to Council's controls.
Council's Conservation Planner considers that the proposed dormer on the front elevation willnot be compatible with the adjoining heritage listed properties. The proposed removal of the
original internal staircase is also contrary to the heritage controls which require the retention and
preservation of interior original decorative features. These aspects ofthe proposalare likelytoresult in an adverse impact to significance of the heritage item.
Following this assessment, and having regard to the provisions of Section 79C of the
Environmental Planning & Assessment Act 1979, the application is considered to be
unreasonable in the site circumstances and recommended for refusal due to adverse solar access
and heritage impacts.
ATTACHMENT TO IPP09 - 5/08/15 Page 62
Re: 41 Ben Boyd Road, Neufral Bay - DA 384114
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ATTACHMENT TO IPP09 - 5/08/15 Page 63
Report of Luke Donovan, Senior Assessment Officer Page 4
Re: 41 Ben Boyd Road, Neutral Bay
DESCRIPTION OF PROPOSAL
The application seeks approval from NSIPP for alterations and additions to the existing semi
detachåd dwelling on land at No. 41 Ben Boyd Road, Neutral Bay, specifically the following
works:
(a)(b)
The demolition of the existing rear wing.Internal alterations to the existing dwelling including the re-configuration ofthe internal
layout, the removal of the existing internal stairs and the creation of new openings to
intemal walls.(c) The conversion of the existing attic space to a new room with dormers to both the front
and rear elevations.(d) The construction of a new two storey rear addition to accommodate an open plan family
area, a kitchen, pantry, laundry and a bathroom on the ground floor and a master bedroom
with en-suite bathroom on the first floor.(e) To extend the existing terrace at the rear on the ground floor'(Ð To reconstruct the southern boundary fence
igl The provision of additional landscaping adjacent to the southern boundary of the site.
STATUTORY CONTROLS
North Sydney LEP 2013o Zoning- R2 Low Density Residential¡ ltem of Heritage - Yeso ln Vicinity of Item of Heritage - Yes (No's . 43, 43A, 45 and 47 Ben Boyd Road)
o Conservation Area - NoEnvironmental Planning & Assessment Act 1979
SEPP No. 55 - Remediation of Lands
SEPP (Building Sustainability Index - BASIX) 2004
SREP (Sydney Harbour Catchment) 2005
BASIXLocal Development
POLICY CONTROLS
NSDCP 2OI3
DESCRIPTION OF LOCALITY
The subject site is located on the eastern side of Ben Boyd Road between Aubin and Philips
Streets. The property is rectangular in shape with a nalrow street frontage of 5 metres and a total
area of 22l.lS11¡t 1Uy survey). The land has a gentle fall from the front to the rear boundary ofapproximately 1.8 metres.
ATTACHMENT TO IPP09 - 5/08/15 Page 64
Report of Luke Donovan, Senior Assessment Officer Page 5
Re: 4l Ben Boyd Road, Neutral Bay
Subject site
Photo 1 - Aerial photograph of subject site and surrounding development
Currently occupying the site is a two storey semi-detached dwelling which is listed as a heritage
item under Schedule 5 of the NSLEP 2013. The subject site forms part of a group of heritage
listed properties, being No's 4l to 47 Ben Boyd Road, located on the eastern side of Ben Boyd
Road. There is another group of heritage listed properties along the western side at No's I 8 to 36
Ben Boyd Road.
!*
tr
Subject site
Photos 2 and 3 - Front (left) and rear (right) elevation of the subject semi detached dwelling
ATTACHMENT TO IPP09 - 5/08/15 Page 65
Report of Luke Donovan, Senior Assessment OfficerRe: 4l Ben Boyd Road, Neutral BaY
Page 6
The locality is characterised by various types of residential developments including single and
two storey detached and semi-detached dwellings, attached dwellings and apartment buildings.
Immediately adjoining the subject site to the north (No.43 Ben Boyd Road) is the other part ofthe
semi-detached dwelling. Further to the north ofthe subject site is a semi-detached dwelling with
a two storey rear addition at No.43A Ben Boyd Road. To the south of the subject site is a two
storey semi-detached dwelling at No.39 Ben Boyd Road with an 865mm wide right of way
adjacent to the common property boundary which benefits the subject site. To the east of the
subject site is a detached dwelling house on a battle-axe block at No.6A Undercliff Street which
separates the subject site and two heritage listed properties at No's 8 and 10 Undercliff Street.
RELEVANT HISTORY
A search of Council records revealed the following development history relevant to the subject
site.
Previous applications on subject site
Development Application D435/99 for a two storey rear addition to an existing semi-detached
dwelling was refused by Council on the l0 December 1998.
Development Applicati onDl94ll2 for alterations and additions to an existing two storey semi-
detached dwelling including a new two storey rear addition was lodged with Council on l9 June
2012.The application was refused by Council on l8 Februaty 2013.
The above mentioned applications both proposed the construction of a two storey high wall on
the boundary.
Development Application D15/05 for alterations and additions to the existing semi-detached
dwelling was lodged and approved under delegated authority on 13 January 2006. The consent
lapsed on 13 January2009.
Current application
The history of the subject development application is summarised below:
A Development Application (D4384/14) proposing alterations and
additions to the existing semi detached dwelling was lodged withCouncil.
3 November 2014
14 November 2014to 28 November20t4
The original proposal was notifred to adjoining property owners and the
Hayes Precinct. A total of three (3) submissions were received against
and one 1 submission in of the sal.
A letter was sent to the applicant advising of the following issues:
o The proposal would result in a significant reduction in solar access to
the primary living areas of No.39 Ben Boyd Road.
o The proposal would result in significant non compliances with the
building height control in NSLEP 2013.
o The proposal is also non compliant with the minimum side setback
controls in NSDCP 2013.
15 January 2015
ATTACHMENT TO IPP09 - 5/08/15 Page 66
Report of Luke Donovan, Senior Assessment Officer PageT
Re: 41 Ben Boyd Road, Neutral Bay
o The ground floor southern windows and first floor balcony are likelyto affect visual privacy for the adjoining property at No 39 Ben BoydRoad.
¡ Council's Conservation Planner considers that the front dormer to be
over scaled and likely to detract from the heritage significance of the
dwelling.o The proposed removal of the original staircase will remove original
significant fabric and change the room conftgurations contrary to the
heritage controls in NSDCP 2013.Council Officers attended a meeting with the applicant wherein the
issues raised in Council's letter were discussed.10 February 2015
20 March 2015 The applicant submitted amended plans in response to Council's letter
dated 15 January 2015. The main amendments were as follows:¡ The ground floor side setback to southern boundary increased to
600mm.r A splayed rear alignment provided to ground floor has increased the
ground floor rear setback by between 600mm and 1500mm.
o The first floor side setback, (adjacent to the staircase, near thesouthern boundary) was increased by an additional200mm.
o The first floor rear setback increased by 200mm.o The deletion of the glazed shower recess on the southern side of the
en-suite.o The width of the front dormer reduced to a maximum of 900mm.
31 March 2015 Council's Assessment Offrcer attended a meeting with the applicantwherein the amended plans were discussed.
25 March 2015 to 8Aoril2015
The amended proposal was notified to adjoining properties. One (l)submission was received against the amended proposal.
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 additionalSection 96 application may be necessary.
Heritage
The amended proposal was referred to Council's Conservation Planner whose comments are
summarised below:
Heritage Status ond Signfficance
The subject property is listed as a heritage item but is not located within a conservation
area. Itforms part of the Ben Boyd Victorian Houses Group and is one ofþur terraces.
The front facade, exterior built þrm and the interiors are all intact. Original interiordecorative features are present including joinery, the staircase and ceiling roses.
ATTACHMENT TO IPP09 - 5/08/15 Page 67
Report of Luke Donovan, Senior Assessment Ofhcer Page 8
Re: 41 Ben Boyd Road, Neutral BaY
Front dormer - The amended proposal has modified the front dormer to have
Victorian proportions. Whilst this is an improvement, it is prefened that the
terrace has no dormer on the primary elevation as there are no approved
dormers on any of the terraces within the Ben Boyd Victorian Houses Group
No's. 43, 43A, 45 and 47 Ben Boyd Road). It is considered that the proposal
would result in an adverse impact on the significance of the heritage item
controry to Provision 3(d) in Part B, Section 1.4'11 in NSDCP 2013.
First floor rear balustrade - The first floor rear balcony must have a steel
palisade balustrade, not a glazed balustrade, to maintain the heritage
significance of the dwelling.
Interior staircase - The demolition of the original staircase is not supported as itis contrary to Objective Ot in Part B, Section 13.5.5 Interior Layouts'Toensure that signijìcant interior elements are retained and preserved; and
Provision PS in Part B, Section 13.5.5 Interior Layouts - Retain signfficønlinternal originøl features including ioinery, door sets, Jire places...
Council's consewation planners have consistently required the retention ofinterior ori ginal de corat iv e fe atur e s.
Firsl floor gtaZing - The first floor glazing to bedroom 3 and the bathroom
(l\indows í42 andW3) must have proportions sympathetic to the Victorian style,
that is, the single wide window to bedroom 3 as indicated on the first floor plan
must be separated into two separate nawower windows'
The southern highlight glazing on the first floor master bedroom and en-suite
Qír$ is contrary to Ohjective O3 in Part B, Section 13.5.1 - Protecting heritage
sígniJícance Ensure significantfeatures of herilage items are retained andlhatdevelopment is sympalhetíc to these features vtilh particular regurd to bulk,
form, slyle, characler, scale, selbacks and malerials.
To ensure consistency with this obiective, W8 to the master bedroom must be
modified to have two vertically proportionedwindows similar to Point 3 above.
The southern window to the en-suite could also have one smaller verticallyproportionedwindow above the hand basins.
Roof sheeting - The proposed roof sheeting must have a wide profile pan
(minimum 275 mmwidth), or roof sheetingwith a standing seam construction to
maintain the heritage significance of the dwelling. Klip Lok sheeting must not to
be used as is not characteristic of materials used on heritage items.
Planning comment
The ftont dormer and the removal of the original internal staircase are likely to have an adverse
impact on the significance of the heritage item and are not supported. If NSIPP is of a mind to
approve the subject application, the changes to the balustrades, glazingand roofsheeting could
be dealt with by conditions of consent.
I
2.
3.
4.
5.
6.
ATTACHMENT TO IPP09 - 5/08/15 Page 68
Report of Luke Donovan, Senior Assessment Officer Page 9
Re: 41 Ben Boyd Road, Neutral Bay
En gineering/Stormwater Drain age
The application was refened to Council's Development Engineer who generally supported the
proposal on engineering grounds subject to standard conditions ofconsent.
SUBMISSIONS
Orieinal proposal
The original proposal was notified to adjoining property owners and the Hayes Precinct seeking
.o--*t between 14 November2014 and 28 November 2014. Atotal of three (3) submissions
were received against and one (l) submission in support of the original proposal. The issues
raised in these submissions are summarised below and addressed later in this report'
Basis of Submissions
. The rear extension and first floor addition would severely obstruct solar access and daylight
to the main living areas of No.39 Ben Boyd Road.
. The proposal is non compliant with the building height control in NSLEP 2013 and side
setback control in NSDCP 2013.. The proposal is contrary to the zone objectives and the aims of NSLEP 2013.
. The solar diagrams are inaccurate
. The proposal is likely to have an adverse visual privacy impact upon the main living spaces
and rear private open space of No.39 Ben Boyd Road.
. The bulk and scale of the addition is generally uncharacteristic of the locality.
. There would be a loss of outlook from the main bedroom and adjoining balcony ofNo.43A
Ben Boyd Road.. The potential for overlooking in the rear yard of No. 434 Ben Boyd Road.
. The likely traffic impacts along Ben Boyd Road during construction works.
Amended proposal
The amended proposal was notified to adjoining property owners for comment between 25 March
2015 and S Afril2015. One (1) submission was received from No. 39 Ben Boyd Road against
the amended proposal raising similar issues to the above.
CONSIDERATION
The relevant matters for consideration under Section 79C of the Environmental Planning and
Assessment Act 1979, are assessed under the following headings:
SEPP 55 (Remediation of Land)
The provisions of SEPP 55 require Council to consider the likelihood of land contamination and
any iemediation necessary to rehabilitate the site. Council's records indicate that the site has
préviously been used for residential development and as such is unlikely to contain any
òontamination; therefore the requirements of SEPP 55 have been satisfactorily addressed.
ATTACHMENT TO IPP09 - 5/08/15 Page 69
Report of Luke Donovan, Senior Assessment Ofhcer Page 10
Re: 41 Ben Boyd Road, Neutral Bay
SREP (Sydney Harbour Catchment) 2005
Having regard to the SREP (Sydney Harbour Catchment) 2005 (gazetted on 28 September 2005),
and thã Syãney 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
ofthe foreshore. As such, the development satishes the provisions contained within SREP 2005
and the Sydney Harbour Foreshores and Waterways DCP 2005.
SEPP (Building Sustainabitity Index - BASIX) 2004
As the proposal involves building works which exceed $50,000.00 in value and involve
alterations ánd additions to an existing dwelling a valid BASIX certificate is required detailing
energy effrciency commitments to be undertaken with the proposed works. It is noted that a valid
BASD( certificate has been submitted (Certificate Number A201 I 58 dated 20 October 2014) and
commitments where relevant have been reflected on the plans as submitted. The development is
acceptable in this regard.
NSLEP 2013
The application has been assessed against the relevant provisions ofthe NSLEP 2013 as detailed
below:
Aims of the plan
Consideration has been given to Clause 1.2(cXi) of NSLEP 2013 relating to:
(c) in relation to residential development:(i) to ensure that new development does not adversely affect residential amenity in
terms of solar access "
The proposal is inconsistent with the above aim of NSLEP 2013 because the development willhave,an adverse impact upon the residential amenity ofthe adjoining property (No.39 Ben Boyd
Road) in terms of the level of solar access to the main internal living rooms of this dwelling.
(J) to identify and protect the natural, archaeological and built heritage of North
Sydney and ensure that development does not adversely affect its significance,
The application proposes the addition of a dormer on the primary elevation and the removal ofthe oiiginal internal staircase. Council's Conservation Planner has consistently required the
retentiõn and preservation ofinterior original decorative features, such as staircases and considers
that the front dormer is not be compatible with the adjoining heritage listed properties. The
proposed removal of this original internal staircase and the addition of the front dormer willafect tne heritage significance of the building and is inconsistent Aim of 1.2(2)(f1 of the NSLEP
20t3.
Permissibility within the zone
The site is zoned 'R2 Low Density Residential' under the provisions ofthe North Sydney Local
Environmental plan 2013. The application proposes alterations and additions to a semi detached
dwelling which is a permissible form of development in this zone with development consent
from Council.
ATTACHMENT TO IPP09 - 5/08/15 Page 70
Report of Luke Donovan, Senior Assessment OfficerRe: 4t Ben Boyd Road, Neutral Bay
Page I I
Zone objectives
The proposed development will compromise residential amenity in terms of solar access to the
main living rooms of the adjoining property (No.39 Ben Boyd Road), contrary to an objective(dot point 3) of the R2 Low Density Residential zone.
Building Height
Under the provisions of Clause 4.3(28), the maximum height of a building permitted on the
subject site is 5.5m. The maximum height of the existing dwelling is 9.8metres. The proposed
works including the front and rear dormers and rear wing of the dwelling are all above the
maximum building height control of 5 .5m (as indicated in the figure and table below).
¡:,I
,.-Æo**.S#tn*'d n a secrìon
Figure 1 - Longitudinal section plan indicating maximum building height control
The applicant has submitted a written request justifuing the variation to the building heightcontrol. The proposed breach has been assessed in accordance with the requirements of Clause
4.6(3) and (4) of NSLEP 2013. These matters have been considered below:
(a) to promote development that conforms to and reflects naturql landforms, by steppingdevelopment on sloping land to follow the natural gradient
The proposed works do not alter the natural landform of the site.
(b) to promote the retention and, if appropriate, sharing of exisling views
The building elements in breach of the building control will not materially affect filtered views ofthe harbour from the first floor balcony of No.43A Ben Boyd Road by virtue ofthe rear buildingline not extending beyond that of No.39 Ben Boyd Road which is to the south of the subject site
(refer to Figure 2 below). The pergola over the rear of the first floor balcony will not adversely
affect the above mentioned view given the balcony is unenclosed with open steel balustrades
allowing for these filtered views to be retained. A reasonable leveI of view sharing wouldtherefore be maintained between properties.
Principat Development Standards - North Sydney Local Environmental Plan 2013
Site Ärea - 222m2 Prooosed Control CompliesFront dormer -9.4mRear dormer - 9.8mRear wing - 6.7m
5.5m NOClause 4.2 - Heights of Building
ATTACHMENT TO IPP09 - 5/08/15 Page 71
Report of Luke Donovan, Senior Assessment OfficerRe: 41 Ben Boyd Road, Neutral BaY
Page 12
Building outline of No.39 Ben
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Figure 2 - Northern elevation indicating the relationship of the subject dwelling with No.39
Ben Boyd Road
(c) to mainlain solar access to existing dwellings, public resetves and streets, and topromote solar access for future development'
The breaches to the building height control in conjunction with the length of the rear addition
will materially reduce solar access to the ground floor main living rooms of No.39 Ben Boyd
Road during the winter solstice (refer to detailed discussion under the solar access assessment
later in this report).
(d) to maintain privøcy for residents of existing dwellings and to promote privacy forresídents of new buíldings
The breaches to the building height control, specifically the first floor balcony would promote
overlooking into the rear private open space of No.39 Ben Boyd Road. Whilst this could
potentially be resolved with a privacy screen on the southern side of the balcony, any privacy
,".."n is likely to exacerbate overshadowing to the gound floor living rooms ofNo.39 Ben Boyd
Road.
(e) to ensure compøtibilily helween development, particularly at zone boundaries,
The subject site and the group of adjoining heritage listed properties at No's 43 - 47 Ben Boyd
Road make a valuable contribution to the character ofthe locality due to their intactness in terms
of their appearance, built form and scale. It is noted that none of the above mentioned heritage
listed properties have dormers on the front elevation. Council's Conservation Planner considers
that the proposed dormer on the front elevation will not be compatible with the adjoining
properties and is likely to result in an adverse impact to significance of the heritage item'
Rear frrst floor building line
ATTACHMENT TO IPP09 - 5/08/15 Page 72
Report of Luke Donovan, Senior Assessment Ofhcer Page 13
Re: 4l Ben Boyd Road, Neutral BaY
(f) to encourage øn oppropriate scale and density of development thal is in øccordance
with, and promotes the character of, øn area.
The bulk and scale ofthe rear addition is not considered appropriate in the site context given the
resulting adverse residential amenity impacts to the adjoining property.
It is concluded that objectives (c), (d), (e) and (f) ofthe building height control are not satisfied as
the proposed breaches to the building height control will result in a development that is likely to
havé an adverse impact upon the signifrcance of the heritage item and residential amenity in
terms of solar access and privacy with the adjoining property. Compliance with the maximum
building height control is therefore considered to be reasonable and necessary in the site
circumstances. The written justification seeking variation to Clause 4.3 in NSLEP 2013 is not
considered to be well founded in the site circumstances. Consequently, there are insufficient
planning reasons to justiff non compliance with the building height control as discussed
throughout this report.
Solar access assessment
As previously discussed, one of the primary issues with this application is the loss of solar access
to the main living areas of No.39 Ben Boyd Road and this will be considered below:
Location of main living areas
The main living areas of the adjoining property at No.39 Ben Boyd Road are open plan (refer to
Photo 6 below) and located on the ground floor of the dwelling. The main living areas rely
largely on solar access through the six (6) northern side window s (refer to Photo 4 below) . There
is a bi-fold door at the rear of this dwelling (refer to Photo 5 below) that also provides some
morning solar access to this main living area.
Photos 4 and 5 - Windows on northern elevation and bi-fold door on rear elevation ofNo.39 Ben Boyd Road
ATTACHMENT TO IPP09 - 5/08/15 Page 73
Report of Luke Donovan, Senior Assessment Off,rcer Page 14
Re: 41 Ben Boyd Road, Neutral Bay
Photo 6 - Open plan living area of No.39 Ben Boyd Road
Eastern (rear) bi-fold doors
The proposal would not cause material shadowing on the bi-fold door located on the rear
elevátion ofNo 39 Ben Boyd Road because this bi-fold door would primarily be affected by self
shadowing from the existing structures and the dense landscaping at the rear of the sites.
Northern (s ide) ground floor w indow s
The proposed rear addition would however result in a significant increase in overshadowing to
the northern ground floor living areas of No.39 Ben Boyd Road.
An assessment of the shadowing impact for the northern windows of living areas of No.39 Ben
Boyd Road has been undertaken in accordance with the planning principles adopted by Senior
Commissioner Moore of the NSW Land and Environment Court in relation to The
Benevolent Society v Waverley Council [20]01 NSWLEC 1082:
I'tPrinciple:
"The ease with which sunlight access can be protected is inversely proportional to the
density of development. At low densities, there is a reasonable expectation that a dwelling
and some of its open space will retain its existing sunlight. (However, even at low
densities there are sites and buitdings that are highlyvulnerable to beingovershadowed.)
At higher densities sunlight is harder to protect and the claim to retain it is not as
strong. "
The subject site and the adjoining sites are zoned R2 Low Density Residential. The application
proposes a two storey rear addition to the existing semi detached dwelling. Whilst acknowledging
ìn" iit" context, there is a reasonable expectation that the adjoining properties should maintain a
reasonable level of solar access, particularly during mid winter.
ATTACHMENT TO IPP09 - 5/08/15 Page 74
Report of Luke Donovan, Senior Assessment Officer Page 15
Re: 41 Ben Boyd Road, Neutral Bay
2nd Principle:
"The amount of sunlight lost should be taken into account, as well as the amount ofsunlight retained"
Winter solstice
The existing dwelling maintains greater than three hours of solar access, to at least three (3) ofthe six (6) ground floor northern windows (W8, W9 and Wl0) of the living area of No.39 Ben
Boyd Road during midwinter.
Of these six (6) ground floor northem windows, the proposed development maintains
approximately two and a half hours of solar access (9am to 1l.30am) to two (2) ofthe windows(W9 and W10) and only one and a half hours (9am to l0.30am) to one (1) of the other windows(W8) during mid winter. The remaining three (3) northern ground floor windows would not
receive any direct sunlight in mid winter.
The proposal would maintain some early moming solar access to the eastern (rear) ground floorwindow of No.39 Ben Boyd Road, however this would largely be obscured by the dense
landscaping at the rear of the sites.
-/
Figure 3 - Solar access to the northern windows (W8, W9 and W10) of No.39 Ben BoydRoad between 10.30am (left), 11.00am (centre) and 12noon (right) during the equinox
Equinox
The existing dwelling maintains more than 3 hours of solar access, to five (5) of the six (6)
ground floor northern windows (W6, W7, W8, W9 and WlO) of the living area of No.39 Ben
Boyd Road during the equinox.
The proposed development will maintain approximately 3 hours of solar access, between 9am
and 12pm to three (3) northem windows (W8, W9 and W10) of the living area of No.39 Ben
Boyd Road (refer to Figure 4 below) during the equinox.
wl0
ATTACHMENT TO IPP09 - 5/08/15 Page 75
Report of Luke Donovan, Senior Assessment Officer Page 16
Re: 4l Ben Boyd Road, Neutral BaY
I
'2pmfinlèrsaLitae icmp/ryÈn.oûga
Figure 4 - Solar access to the northern windows (W8' W9 and W10)
Road between 11.00am (left) and l2noon (right) during the equinoxof No.39 Ben Boyd
3'd Principle:
"Overshadowing arising out of poor design is not acceptable, even if it satisfies
numerical guidelines. The poor quality of a proposal's design may be demonstrated by a
more sensitive design that achieves the same ameniltwithout substantial additional cost,
while reducing the impact on neighbours. "
The proposal is non compliant with both the building height and side setback controls. The
applicant has prepared shadow diagrams indicating that a rear addition that complied with both
ttré UuitOing height and side setback controls would result in a greater level of overshadowing to
the northern living room windows ofNo.39 Ben Boyd Pioad (refer to Figure 5 below). The extent
of overshadowing is largely due to the rear building line. A more sensitive design which provided
greater rear building setback and a compliant building envelope is likely to reduce the level ofovershadowing to No.39 Ben Boyd Road.
\I
Å ,l
Figure 5 - Solar access comparison between the proposed
during the winter solstice
and complying schemes at 12pm
ATTACHMENT TO IPP09 - 5/08/15 Page 76
Report of Luke Donovan, Senior Assessment OfficerRe: 4l Ben Boyd Road, Neutral Bay
Page 17
4th Principle
" For a window, door or glass wall to be assessed as being in sunlight, regard should be
had not only to the proportion of the glazed area in sunlight but also to the síze of theglazed area itself, Strict mathematicalformulae are not always an appropriate meosure
of solar amenity. For larger glazed areas, adequate solar omeníty in the built space
behind may be achieved by the sun falling on comparatively modest portions of theglazed area. "
The northern ground floor windows (W5, W6, W7, W8, W9 and WlO) at No. 39 Ben Boyd Road
all have glazedareas of approximately 1.8m2 each. The open plan ground floor living space ofNo.39 Ben Boyd Road has a floor area of approximately30m2. Given the size ofthis living area,
to ensure a reasonable level of solar amenity, a majority ofthe glazed area of at least three (3) ofthese windows (W8, W9 and Wl0) should receive a minimum of 3 hours of solar access duringmidwinter.
Sth Principle
" For private open space to be assessed as receiving adequate sunlight, regard should be
had of the size of the open space and the amount of it receiving sunlight. Self-evidently,the smaller the open space, the greater the proportion of it requiring sunlight þr it tohave adequate solar amenity. A useable strip adjoining the living area in sunlight usuallyprovides better solar amenity, depending on the size of the space. The amount of sunlighton private open space should ordinarily be measured at ground level but regard shouldbe had to the size of the space as, in a smaller private open space, sunlightfolling on
seated residents may be adequate. "
By virtue of the sitting of the development, the proposal would maintain a reasonable level ofsunlight to private open space of No.39 Ben Boyd Road.
dh Principle
"Overshadowing by fences, roof overhangs and changes in level should be taken intoconsideration. Overshadowing by vegetation should be ignored, except that vegetationmay be talren into account in a qualitative way, in particular dense hedges that appearlike a solidfence."
Consideration has been given to the overshadowing caused by the southern boundary fence
between the subject site and No.39 Ben Boyd Road and the dense landscaping at the rear ofthesesites.
/h Principle
" In areas undergoing change, the impact on what is likely to be built on adjoining sites
should be considered as well as the existing development"
ATTACHMENT TO IPP09 - 5/08/15 Page 77
Report of Luke Donovan, Senior Assessment Officer Page 18
Re: 41 Ben Boyd Road, Neutral Bay
The subject and adjoining sites are zoned R2 Low Density residential under the NSLEP 2013.
Whilst ãcknowledging that some redevelopment is likely to occur to the subject site consistent
with neighbouring properties, the proposed development is likelyto cause an unreasonable level
of overshadowing to this adjoining property. The building envelope should be further reduced to
improve solar amenity for the adjoining properties atNo.39 Ben Boyd Road.
Heritage conservation
Council's Conservation Planner considers that the addition of the front dormer and the removal
ofthe original internal staircase will likely adversely impactthe significance ofthe heritage item
contrary to Objective l(b) of Section 5.10 in NSLEP 2013.
NSDCP 2013
The application has been assessed against Part B, Section I 'Residential Development' and
section l0 carparking' in NSDCP 2013 as detailed in the table below:
Comments
Ponulation MixResidentialMaintaining
Accommodation
Yes The proposal would maintain the mixture of residential population,
level of residential accommodation and affordable housing yithinthe locality.
Affordable Housing
The proposal will maintain the natural topography and landform ofthe site
YesTopography
The proposal will maintain a reasonable level
surrounding properties, specifically No.43A Ben Boyd Road, as
of view sharing for
detailed earlier within this
YesViews
No The proposal would fail to maintain three (3) hours
the northem ground floor windows ofthe main living areas ofNo.39Ben Boyd Road during mid winter contrary to P1(b) in Section 1.3.7
in NSDCP 2013. Of the northem ground floor windows, the
proposed development would maintain two and a half hours of solar
access to only two (2) windows and one and a half hours to one (l)window during mid winter. The proposal would therefore not
maintain a reasonable level of solar amenity to the ground floor
living areas of this adjoining property at No.39 Ben Boyd Road
ofsolar access to
in this1Smid winter. The
Solar Access
Yes The proposal is unlikely to result in adverse açoustic impacts to
neighbouring properties given the residential nature of theAcoustic Privacy
Yes
Southem windows
The proposal has incorporated highlight windows ( I .8 metre high sill
to W8) along the southem façade of the rear addition ofNo. 4l Ben
Boyd Road. The window (W7) on the southern side of the rear
addition is unlikely to adversely affect privacy as it is located above a
staircase. Louvres are proposed to the southern ground floor
windows (W4, W5 and W6) of the rear addition. These louvers in
addition to the landscaping and the existing boundary fence willensure reasonable privacy is maintained with the adjoining property.
Visual Privacy
ATTACHMENT TO IPP09 - 5/08/15 Page 78
Report of Luke Donovan, Senior Assessment Ofhcer Page 19
Re: 4l Ben Boyd Road, Neutral BaY
NoThe addition of the rear first floor balcony will however cause
overlooking into the rear private open space of No.39 Ben Boyd
Road. This issue could be resolved through the provision ofa privacy
screen that is likely to exacerbate the level ofovershadowing to this
Rear first floor balcony
The proposed two storey rear addition is not inconsistent withsurrounding developments in the locality, however given the
constraints of the site, the proposed building envelope will likelycause an unreasonable level ofovershadowing to the ground floor
areas ofNo.39 Ben Road
Context
the group ofadjoining heritage listed properties
Boyd Road make a valuable contribution to the
character of the locality due to their intactness in terms of their
appearance, built form and scale. It is noted that none ofthe above
mentioned heritage listed properties have dormers on the front
elevation. Council's Conservation Planner considers that the
proposed dormer on the front elevation would not be compatible
with the adjoining properties and will likely result in an adverse
The subject site andatNo's 43 -47 Ben
item and theof theto the
NoStreetscape
Yes The proposal will maintain the characteristic building orientation andSiting
No The existing and proposed side setbacks are detailed in the
The proposed ground and first floor side setbacks fail to comply with
the minimum setback requirements in P2 in Part B, Section 1.4.6 in
NSDCP 2013. The non compliant side setbacks contribute to the
increase in overshadowing to the northern ground floor living areas
ofNo. 39 Ben Boyd Road.
The applicant has indicated that a building envelope that complied
with the minimum side setbacks would still result in overshadowing
to the northem ground floor living rooms of No.39 Ben Boyd'
Whilst acknowledging this level of overshadowing, it is importantto
understand that these are 'minimum' side setbacks and does not
necessarily entitle the applicant to build to these setbacks for the
length of the entire rear addition if it results in unreasonable
overshadowing to the northern ground floor living room windows ofNo.39 Ben Boyd Road.
Control CompliesExistins ProDosed900mm No1.5m
(southemboundary)
Nil setback(northernboundary)
600mm(southernboundary)
Nil setback(northernboundary)
Groundfloor
l.5m Nol.5m(southemboundary)
Nil setback(northernboundary)
Between1.lm andl.3m(southernboundary)
Firstfloor
table
below:Setback - Side
ATTACHMENT TO IPP09 - 5/08/15 Page 79
Report of Luke Donovan, Senior Assessment Officer Page20
Re: 41 Ben Boyd Road, Neutral Bay
No The proposed rear building line does notproperties contrary to P5 in Part B, Section 1.4.6 in NSDCP 2013.
As detailed earlier in this report, the building footprint indicated on
the plans for adjoining property at No.43 Ben Boyd Road are stillnot correct, as this consent has now lapsed. The existing rear
building line ofNo.43 Ben Boyd Road is consistent with the subject
site (refer to photo 7 below). The adjoining property to the south at
No.39 Ben Boyd Road has a rear building line beyond what is
proposed under this application.
To match the average rear setback ofthe adjoining properties (as
indicated by the green dashed line in Photo 7 below), the proposed
rear setback should be increased. A greater rear setback at both the
ground and first floor will also likely reduce the level ofovershadowing to the northern ground floor windows (W8, W9 and
Wl0) of No.39 Ben Boyd.
Photo 7 - Ground (red line) and first floor (blueproposed developrnent and average first floor setback of
line) of
match those on adjoining
dashed line
Setback - Rear
No The excessive bulk and scale of the proposed rear addition, as
evidenced by the non compliances with the building height and
minimum setback controls are likely to contribute to the
unreasonable level ofovershadowing to the northern ground floorwindows of No.39 Ben Road.
Form Massing Scale
Yes does not seek a to theThe
Yes The proposed skillion roof over the rear addition is
acceptable as it is located below the existing ridge line and wouldconsidered
domain.not be visible from the
Roofs
Council's Conservation Planner considers the front dormer
detract from the significance of the subject dwelling, the nearby
heritage listed buildings and the streetscape'
The rear dormer is considered to be acceptable for the followingreasons:
. The sides of the dormer are setback from the party walls'
o The dormer is located below the existing ridge and would
not be visible from the public domain
¡ The dormer is unlikely to adversely affect the amenity of
would
Yes
NoDormers
Yes The proposed colours and materials are considered to be
consistent with theAS areMaterials
ATTACHMENT TO IPP09 - 5/08/15 Page 80
Report of Luke Donovan, Senior Assessment OfficerRe: 4l Ben Boyd Road, Neutral Bay
Page2l
Yes The application does not seek a change to the existing front fence.Front Fences
The proposal is considered to maintain a high level of safety and
securiw forthe occupants and visitors ofthe dwelling.Safety and Security Yes
There is no carparking currently provided on the site. It is
unreasonable in the site circumstances to require the provision ofcaroarkins eiven the constraints ofthe site and its heritage listing.
Vehicle Access and Parking Yes
The proposed site coverage is 4l%o which is compliant with the
maximum site coverage (60%) in Pl, Part B, Section 1.5.5 inNSDCP 2013.
YesSite Coverage
Yes
Yes
The proposed landscaped area is 39% which complies with the
minimum landscaped area in Pl, Part B, Section 1.5.6 in NSDCP2013.
The proposed un-built upon area is 20o/o which complies with the
maximum un-built upon area (20o/o) in Pl, Part B, Section 1.5.6 in
NSDCP 2013.
Landscape Area
Yes The proposal will provide additional landscaping adjacent to the
southern boundary, while maintaining the canopy trees in the rearyard ofthe site.
LandscapÍng
Yes The proposal does not seek a change to the existing front garden.Front GardensThe application proposes improved private open space with an
enlarged terrace and new balcony.YesPrivate and Communal Open
Space
Yes A valid BASIX Certificate was submitted with the applicationdemonstrating compliance with the relevant energy targets
Energy Efïîciency
Neutral Bay Relevant Planning Area (Neutral Neighbourhood)
The application has been assessed against the relevant controls in Part B in NSDCP 2013 and
found to be unsupportable due to the likely level of overshadowing as discussed in the table
above. Consideration has been given to Part C ofNSDCP 2013 and in particular Section 7 oftheCharacter Statement for the Neutral Bay Planning Area and Section 7.2 for the Neutral
Neighbourhood where the proposal is considered to be inconsistent with the desired future
character of the locality.
SITE SUITABILITY
The proposal is likely to result in an unreasonable level of overshadowing to the northem ground
floor living room'\¡i/indows ofNo.39 Ben Boyd Road during mid winter. Council's Conservation
Planner considers that the addition of the front dormer and the removal of original internal
staircase will have an adverse impact to significance of the heritage item. The proposal is
therefore not considered to be suitable for the subject site.
^ÀLL LIKELY IMPACTS OF THE DEVELOPMENT
All likely impacts of the proposed development have been considered within the context of this
report.
ENVIRONMENTAL APPRAISAL
1. Statutory Controls
2. Policy Controls
CONSIDERED
Yes
Yes
ATTACHMENT TO IPP09 - 5/08/15 Page 81
Report of Luke Donovan, Senior Assessment Officer Page22
Re: 41 Ben Boyd Road, Neutral Bay
J Design in relation to existing building and
natural environment
4. Landscaping/OpenSpaceProvision
5. Trafflrc generation and Carparking provision
6. Loading and Servicing facilities
7. Physical relationship to and impact upon adjoiningdevelopment (Views, privacy, overshadowing, etc.)
8. Site Management Issues
9. All relevant S79C considerations ofEnvironmental Planning and Assessment (Amendment) Act 1979
SUBMITTORS CONCERNS
Yes
Yes
Yes
N/A
Yes
Yes
Yes
The original proposal was notified to adjoining property owners and the Hayes Precinct seeking
comment between 14 November2014 and28 November 2014. Atotal ofthree (3) submissions
were received against and one (1) submission in support of the original proposal.
The amended proposal was notified to adjoining properties for comment between 25 March 2015
and 8 April 2015. One (l) submission was received against the amended proposal raising no new
issues.
The issues raised by the submitters are summarised and addressed below
The rear exlension and Jirst floor addition would severely obstruct solar access anddaytighr tu the main living areas of No.39 Ben Boyd Road.
a
Comment
The proposed rear addition is likely to result in an unreasonable level of overshadowing to the
northem ground floor windows of No.39 Ben Boyd Road during mid winter as detailed
throughout this report.
The proposal is non compliant with the building height control in NSLEP 2013 and
side setback conlrol in NSDCP 2013.
a
Comment
The proposal is non compliant with the building height and setback controls which contributes to
this level of overshadowing on the adjoining property'
a
a The proposal is contrary to the zone obiectives and the aims of the NSLEP 2013
ATTACHMENT TO IPP09 - 5/08/15 Page 82
Report of Luke Donovan, Senior Assessment Officer Page23
Re: 4l Ben Boyd Road, Neutral Bay
Comment
The proposal is likely to adversely affect the residential amenity of the adjoining property in
terms of solar access and the heritage significance of the dwelling contrary to the aims ofthe plan
and the R2 Low Density Residential zone objectives in NSLEP 2013.
o The likety traffic impacts during construction works.
Comment
If development consent was granted, a condition of consent could be imposed requiring existing
public parking in the vicinity of the site to be maintained during construction works with no
òb.t.u.ìio.rs to roadways to minimizetrafftc impacts to the surrounding road networks.
o The balk of the addition is uncharacteristic of the locality.
Comment
The excessive bulk of the addition, as evidenced by the non compliance with the building height
and minimum setback controls is likely to contribute to an unreasonable level of overshadowing
to the adjoining Property.
o The loss of outlook from the maín bedroom and ødjoining balcony of No-43A Ben
Boyd Road.
Comment
The proposal will maintain a reasonable level of view sharing from surrounding properties
including No.43A Ben Boyd Road as discussed throughout this report.
o The potentiatfor overlooking in the rear yard of no.43A Ben Boyd Road.
Comment
The proposed first floor balcony is setback greater than l0rnetres from the rear yard of No.43A
nen -noyO
Road with landscaping in between the properties and therefore unlikely to cause an
unreasonable loss of visual privacy to this property.
o The proposal is likety to result in adverse visual privacy impøcts for the main living
spaces and reør private open sp&ce of No.39 Ben Boyd Road'
Comment
The use of highlight windows and louvres will main a reasonable level of visual privacy with the
living areas of No.39 Ben Boyd Road. However, the addition of the first floor balcony may cause
overi-ooking into the rear private open space of No.39 Ben Boyd Road. A condition requiring a
privacy ,..é"n on the southem side of the balcony could be imposed which would resolve this
p.inacy issue, however it would contribute to additional overshadowing to the ground floor living
areas of this property.
ATTACHMENT TO IPP09 - 5/08/15 Page 83
Report of Luke Donovan, Senior Assessment Officer Page24
Re: 4l Ben Boyd Road, Neutral Bay
PUBLIC INTEREST
The proposal is not considered to be in 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, North Sydney Development Control Plan 2013 and the relevant State Planning
Policies.
The design and location of the main open plan living room of the adjoining property at No.39
Ben Boyd Road mean they are largely reliant on solar access through the ground floor northern
windows. The existing dwelling maintains greater than three hours of solar access to at least three
(3) of the six (6) ground floor northern windows during mid winter and the equinox. Of these
ground floor northern windows, the proposed development maintains approximately two and a
half hours of solar access to two (2) of the windows and only one and a half hours to one (1) ofthe other windows during mid winter. The non compliance with the building height and side
setback controls contribute to this level of overshadowing to this adjoining property.
Whilst the applicant has indicated that a building envelope that complied with the building height
and side setback controls would result in a greater level of overshadowing to this adjoining
property, the rear building setback and architectural detailing on both the ground and first floors
is the main contributor to this level of overshadowing to the main living areas of No. 39 Ben
Boyd Road. On balance, the level of overshadowing is considered unacceptable as only a quarter
ofthe floor area of the main living room ofNo.39 Ben Boyd Road would receive any solar access
during mid winter contrary to Council's controls.
Council's Conservation Planner considers that the proposed dormer on the front elevation willnot be compatible with the adjoining heritage listed properties. The proposed removal of this
original internal staircase is also contrary to the heritage controls which require the retention and
preservation of interior original decorative features. These aspects ofthe proposal are likely to
result in an adverse impact to significance of the heritage item.
Having regard to the provisions of SectionTgC of the Environmental Planning & Assessment
Act 1979, the application is considered to be unreasonable in the site circumstances and
recommended for refusal due adverse solar access and heritage impacts.
RECOMMENDATION
PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT
ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the General
Manager as the consent authority, resolve to refuse development consent to Development
Application No. 84/14 for alterations and additions to the existing semi detached dwelling on
land at No.4l Ben Boyd Road, Neutral Bay, as shown on plans Drawings numbered DA01 -DAlg,DA14-DAl5 RevC,dated 16/03lz}ls,drawnbySimonRosewellPtyLtd,andreceivedby Council on 20 March 2015 for the following reasons:-
ATTACHMENT TO IPP09 - 5/08/15 Page 84
Report of Luke Donovan, Senior Assessment OfhcerRe: 4l Ben Boyd Road, Neutral Bay
Page25
1. Unreasonable solar access impacts
The proposed rear addition is likely to result in an unreasonable level of overshadowing to the
main living areas of the adjoining property.
Particulars
a) The proposed rear addition would adversely affect the residential amenity ofNo.39 Ben
Boyd Road in terms of solar access contrary to Aims of Plan 1.2(2)(c)(i) and an objective(dot point 3) of the R2 Low Density Residential zone in NSLEP 2013.
b) The Clause 4.6 written request from the applicant in relation to the non compliance withthe maximum building height control is not considered to be well founded and there are
insufficient planning grounds to justifr contravening the development standard. The non
compliance with the maximum building height control contributes to a failure to maintainsolar access to No.39 Ben Boyd Road contrary to objective a.3(1)(c) in NSLEP 2013.
c) The proposal does not provide a minimum of 3 hours of solar access (between 9am and
3pm) to the main intemal living areas ofNo.39 Ben Boyd Road during the winter solstice
contrary to Pl(b) in Part B, Section 1.3.6 in NSDCP 2013. A reasonable level of solar
amenity would not be maintained with this property contrary to 01 In Part B, Section
1.3.7 in NSDCP 2013.d) The proposed rear additions fails to comply with the minimum side setbacks and/or
'match' the rear building setback of adjoining properties as specifred within P2 and P5 inPart B, Section 1.4.6 LnNSDCP 2013 which contributes to the level of overshadowing tothe main intemal living areas of No.39 Ben Boyd Road.
2. Heritage impacts
The proposed dormer on the primary elevation and the removal of the original intemal staircase
will adversely impact to significance of the heritage item.
Particulars
a) The proposed dormer on the front elevation will adversely impact the significance oftheheritage item contraryto Aims of Plan 1.2(2)(Ð, Objective 1(b)in Clause 5.10 inNSLEP2013 and Provision 3(d) in Part B, Section l.4.ll in NSDCP 2013. There are no
approved dormers on any of the surrounding terraces within the Ben Boyd VictorianHouses Group (No's. 43,43A,45 and 47 Ben Boyd Road) that are also heritage listedproperties.
b) The proposed demolition of the original staircase is contrary to 01 and P5 in Part B,Section 13.5.5 in NSDCP 2013 which aims to ensure significant interior elements are
retained and preserved.
Luke DonovanSENIOR ASSESSMENT OFFICER
Robyn PearsonTEAM LEADER (ASSESSMENTS)
Stephen BeattieMANAGER OF DEVELOPMENT SERVICES
ATTACHMENT TO IPP09 - 5/08/15 Page 85
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ctAusE 4.6 HXEMmON(HETGHT OF BUITDINGS) PURSUANT TO
NORTFI SYDNEY tEP 2013
To Accompany a
Development APPI ication
For alterations and addition at
No.41 Ben Boyd Road, Neutral BaY
NORTH SYDNEY COUNC¡L
0 q NOV 20ltt
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Porm!¡¡tbb llolght
pursuant to Clause 4,3(28), the maximum height of a building on land in the R2 Low Density
Residential zone, with a s¡te area of less than 230sqm (excluding the arca of any access handle,
access way or rlght of carrlagawry) must not exceed 5.5m'
lÍrtlng Hobhr
The existing building has a building height of 9.8m.
Propord Hcþht
The proposed application results in a building height of 9.8m to the rear attic roof and a maximum
of 6.6m to the new rear addition (see Flgurc I below)'
Flgurc l: Propocrd hclght ln ¡rcdon
CI.AUSE 4.6 Ð(CEP/NONS TO DA'ELOPMENT STANDARDS
The objectives pursuant to Clause 4.6 of North Sydney LEP 2013 are as follows:
"to provide an aPProPríate degree
particula r development,
in applying standards to
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Clause 4.6 Exemption:41 Ben 9oyd Road
of llexibility ceftaín develoPment
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b) to achievc better outcomes
circumst¿nccs'
in paûicular
Clruse 4.6(2) of North Sydncy LEP 2013 providcs th.t d.volopm.nt cons.nt mey, rubject to thir
cþu¡e, be grxrtod for development evcn though the dcvclopment would contravene a
drvclopment ¡trnd¡rd lmposed by this or any other env'lronmentrl planning ¡nstrument.
Clause 4.6(3) of North Sydney LEP 2013 also provides that devclopmcnt conscnt must not be
granted for development that contravenes a developrnent stendard unless the consênt authorlty
has considered a wrltten request from the applicant that seeks to justify the contrawntion of the
development standard. Accordingly, this written request for an exception to Clause 4.3(28) (Height
of buildings) is made in support of the proposed development for the alterations and additions to
the ex¡stlng building at No.41 Ben Boyd Road, Neutral Bay.
Cleuse 4.5 (3) further states that the written request must demonstrate the following:
compliance wÍth the development unrcasonable or unnæessaty
circumstances of the case, and
b) that therc ere sufñcient envi¡onmental plannìng grounds to justify contnvening the
development standard'
In demonstrating compliance with Clause 4,6(3)(e), the non-compliance with the numerical
requirement of the development standatd is to be considered on its merits, It is considered thet an
application may be varied if it satisfies the underlying planning objective or purpose behind that
development standard. The specific objectlves of Clause 4.3 (Height of buildings) in North Sydney
LEP 2013 are as follows:
a) 'to promote tlÊt conforms to nâtuÍel landforms, by stepping
development on sloping land to follow the natural gradlent
b) to promotc ahe rctention and, if appropriate, sharing of existing views'
c) to maíntain soler access to existing dwellings, public reserves and strcets, and to Prcmote
solar access for future development
d) to maintain privacy for residents of existing dwellings and to promote privacy for residents of
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new buildìngs,
e) to onsurc compatibility botwacn dcvelopmcnl pafticularly at zone boundarics,
0 to encounge an appropriale scalc end donsity oî development tñ¡t ls in æcordtncc wltñ, ¿nd
yu,motes the chera,ctct ol, ¿n ana' .
Consideration objective follows below:-
t) to p¡otttotc d16logtttoal ttra æt¡f3gnt ao tnd r¡llæ¡¡ ntfiinl þ¡tts¡tn4 fty
ttcpptng dcvç/rlpttrttt? otr Jofiri &llrd ao bnov ür. llrlal,tt l gr.dtû,,
fhc subjcct site falls gently away from the street by approximately l.Em' The proposed
dev€lopment for alterations and additions does not alter the natural landform. ¡n addition,
the proposed addition is consistent with the streetscape character and it conforms to the
natural topography.
b) lo promot th. trrlonabn and, lî tpptoPlrttc, Mng of cxlsilng vlews'
The new building elements above the building height limit, which potentialþ may imPact
on exísting views, (from the proPerty to the nofth at No. 434 Ben Boyd Road), are limited
to the first floor balcony shade structu rel pergola. The pergola to the rear Juliet balcony (as
proposed under D4194/12) has been removed and replaced with a more lightweight
structure (refer to Flguro 2 below)'
Flgurr 2: Ro¡on¡blc rlnrlrB of vlew¡
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Thr lightwcight sunshrde structure is not a solid ¡tructure. thc matcrial nominated on thc
Arch¡tcctural plrns rc steel or aluminium roctangular glazing soction nominally 50mm
wlde x 1ü)mm deep. Only the 50mm side would be visiblc from No 43a and as such will
hevc ncAligible vi¡u¡l impact The structurc dinppcers with¡n the vicw corridor, moreovcr
thc ñtt*ed vlcw ls maintained. Accordingly, th. proposcd dcvclopment allows for thr
rstention of views.
c) b m.tnøln obr tcces ao .rût ng ttu.tfinga pbilc n sru.t.rtd st olr, .ttd ao
pomob ohr tcctsfo¡ fuwn dnolo4twtÇ
it is important io noie that the height non-compliance in-itself is not directly responsible
for the overshadowing but rather the overshadowing is a factor of the "close living"
nature of terrace houses or highly wlnerable nature of the €xist¡ng development to belng
overshadowed.
the proposed flat roof form together with the reduced upper level floor plate (from thet
refused under DA194/12) ¡s a much-improved situation in terms of sunlight access and
ambient light.
The applicatlon was considered against the sunlight planning prínciples as contained within
the SEE. ln conclusion the proposed height does not unreasonably reduce sunlight to the
north facing windows to the living/dining room of No. 39 with 3.5 hours of suntight
between 9am and 3pm during the equinox (March) being retaíned.
Thc duration and quality of the sunlight received to the north facíng living room windows
is reasonable having regard for the naturc of tfie immediate arca being terrace houses or
"close'living.
¡n summary having regard for the 6 planning principles adoptcd by Senior Commissloner
Moore of the NSW Land and Environment Court in relation to Th¡ 3cnovol¡nt Soclrty v
Wworley Councll t20101 NSWTEC 1012, it is considered that the proposed rear addition
would not unreasonably diminish the sunlight to the north facing ground floor living room
windows of No.39 Ben Boyd Road. Moreover the proposal meets the intent or objectiva of
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the prcvision in that is allows for reasonable ¡ccess to sunlight whilst tha dcslgn (lncluding
a glrs etrium on the side boundrry) allows prnotrotion of light or access to ambient light
d) þ t|,,rnâtn plwcy for rúenþ ol otdút1 Jtduttgt tnd b ptoanJe prlwq l*ttddot¡lroltrr tuttfrt¡
Thcn needs to be a balancc batween mrintaln¡ng privacy for thc future residants ¡nd
ncighbours as well as reasonablc sharing of vlcws (maintaining existing visws from No. 45).
This 13 done ürough appropriate design end tùe use of a smaller or Juliet balcony off a
m¡in bedroom on the first floor, This balcony is not an entertainment spa€e with limlted
frequency of use. The balcony is setback 1m from the common/northern boundary and
1.4m from the southein boundary,
The nature of the space off a main bedroom; the size of the balcony and the separatíon
distance all contributes to providing adequate visual privacy. A privacy screen could be
installed, however such a privacy screen would potentielly impact on the view corridor' The
proposed compromise is considered as a better environmental outcome for both
properties-
The potential visual privary impacts resulting from the new first floor windows on the south
elevation of the subject dwellíng is mitigated by the installation of translucent or frosted
glazing,
Accordingly, the proposal maintains privacy for residents of existíng dwellings whilst
promoting privacy for residents of the subiect dwelling.
.) to ot üt compttblllsy boaylcen dcYoloptnna, Partlcul*ly aa ton boandarlol
to orßos¡rya n tpptoptt¡tt *do nd ceady ol dowlopøoat llnt ls ln
æorfurct vlti, md prcnotß thcchrr¡æü,t ol, tn uta.
The subject site ìs not located on a zone boundary. The cxistlng streetscape is characterised
by two storey street facades. fhe proposal would not alter the overall height of the subject
dwelling as seen from the street,
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There ís no changc to the cxisting roof lorm ås se€n from thc street excePt for the additlon
of the dormer within the roofspacc. Thc proposed rcar addition would not bc visible from
the street. Duê to the nature of thc terrace houses and the "close" living environment ít
is considered rppropriate to havc ¡ flat roof owr the rear addition, in order to maintain
sunlight access to adjoining propcrtics.
The proposcd devclopment does not dominate the surroundíng propcrties þ virtue of its
bulk nor is it inconsistent with surounding developments. Precedence exists wíth existing
rear built forms all having a building height of more than 5.5m. A similar scale to adjoining
and su¡iounding dwellinEs were adopted (sae FlEurc 3).
In addition the mass on the side boundary has been broken ínto smaller elements by using
materials and finishes (glazing) and stepping the façade. This allows for visual interest
further minimízing the bulk.
Flgure 3: Exlstlngy'appronod and proposcd rcar bullt form
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Accordlngly, notwlthtendlng the non-compliancc with the numerical standard the proposed
developmcnt achicves the intcnt of the standard ¡nd thus thc objcction is well foundcd. Strict
compliancc ln the c¡rcumsttnces of this case ls unn.cossary rnd unrclsonable in ordcr to rchieve
thc spacificd intcnt of thc ¡t¡ndard.
Wl¡rt rrc lfro rnulroamrnøl y'rnnlng groundl to ¡udfy ütr rrldon?
It ¡s considered that sufficient planning grounds exist pursuant to Clause 4.6(3Xb) to just¡fy
contrevening the maximum building height standard having regard for the followingi
. Consideration of the unique context of the site being a 'close" lí'/ing, terrace gtyle
housing and not a frce standing dwellíng;
. Consistency with the scale and massing of adjoining existing developments;
. Not dominating adjoining spaces; and
. Not advercely impacting on adjoiníng development by way of overshadowing, privacy or
views.
ls thr rrqurrt wdl foundrd?
chíef justice Preston (wehbe v Pittwater council t20071 Nsw LEc 8271 expressed the view that
there are 5 different ways in which a SEPP 1 objection may be well founded and that approval of
the objection may be consistent with the aims of the policy. We consider that 'test' is equally
relevant to the evaluation of a request made pursuant to clause 4.6 of RLEP 20L2- The 5 ways
identified by the Court are:
l. "the objectives of the standatd are achievcd notwithstandíng non'complience with the
landard;
Z. The underlying oÞJective or puryose of the standard is not rclevent to the development and
thcrefore compliarrce is unnecessary;
3. lhe underlyìng object or purpose would be defeated or thwarted if complíance was required
and therefore compliance is unreasonable;
4. The development standard has been vÌrtually abandoned or desÛoyed by the Council' s
own actions ¡n grent¡ng consents depaning from the standard and hence compliance with
the standard is unnecessary and unreasonable; or
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5. Thc zoning of the pefttcul.r ltnd ís unrusoneble or inappropriate so that a development
st¿nd¿rd appropriate for tlrt zoning is ¿lso unreuonable and unnacessery as ¡t tpplles to
ùê bnd and comptiancê wÍïh thc stand.rd would bc un¡easonablc or unnecêssaty. That 15,
tho ptriícular parccl of land should not httn berin included in the ptrticular zone' ,
As damonstrated above, thc objcctives of thr h.ight st.ndård are achicvcd by this proposrl
notwith¡t¡nding techn¡cal non-compliance with tho hright standards. Thi¡ submission l¡ thcrcfore
well foundcd, as per "test' (1) above.
ll tñe proporllln th. Publlc lnt r..(?
Subclause {4) cf clause 4.5 of RLEP 2012 requires consideration of the proposal' s consistency with
both the objectives ofthe standard, and the objectives of the zone, which apply to the site.
Consistency with objectives underpinning the standard is provided above. Considcratíon of
consistency with the objectives for the R2 Low Density Residential zone is addressed below:
a
a
The proposal maintains a cons¡stent scale with surrounding residential premíses;
The proposal has no signlficant impact on the conservation of the heritage items
and other sensitive areas; and
thä proposal result in no adverse ameníty impacts on surrounding properties
whilst providing for good internal ameniÇ for future occupants'
a
a
In this regard the minor departure from the LEP height control as proposed by this modiflcation
application would result in any outcome that would be inconsistent with the zone objectives
Matt¡r¡ of ¡t¡t¡ or rrglonrl dgnllclncr
There are no planning matters of state or regíonal significance that would result as a consequGnce
of this variation to the development standard'
Thr prHlc bm¡últor mdntdnlng tho l¡nderd
Pursuant to cese law of Ex Gratia P/L v Dungog Council (NSWLEC 148), the question that needs to
be answered is "Whether the pubtic advantages of the proposed development outweigh the
public dìsadvantages of the proposed development'
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there i¡ not public b¡ncfit in m.int ining rtrict complirnce with the dowlopmcnt standard given
that there are ng unrGåsonablo imprcts th¡t will result from the height cxclcdrnce, therefore, th¡
benefits outweigh rny disadvrntrgr rnd as such thê proposGd modiúlcrtlon to thc approved
development will h¡v¡ ¡n ovenll publlc brncflt.
coNctusroN
In this instance it is considered that the objectives of Clause 4.3 (Heíght of buildings) and Clause 4.6
(Exceptíons to development standards) in North Sydney LEP 2013 ðrê ntet by the proposed
development as:
the alterations and additions achieves a pleasant and attractive living environment for
future occupants whilst not adversely impacting on the surrounding neighbours amenit¡4
no unreasonable massing being consistent with the surrounding properties;
the proposal will result in the orderly and economic use and developmant of land pursuent
to Sect¡on S(aXii) of the EP8¿ A Act 1979 as the site is of an appropriate size, location and
land use zoning to enable the Proposcd development; and
The proposed Height of Buildings variation is considered to have sufficient planning merit
and justlficatlon as the objectlves of the planning standard are met, with the resulting
¡mpacts of the numerical non-compliance being considered to be negligible.
a
a
a
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