Item _____IPP05_____ - REPORTS -____06/04/16____
N O R T H S Y D N E Y C O U N C I L R E P O R T S
NSIPP MEETING HELD ON 06/04/16
Attachments:
1. Site Plan
2. Architectural Plans
3. Clause 4.6 Submission
4. Shadow Diagrams
ADDRESS/WARD: 24 Jeffreys Street, Kirribilli (V)
APPLICATION NO.: DA16/16
PROPOSAL: Extension of rear balcony at an upper level
PLANS REF: Drawings numbered 967.1 - 967.6 (inclusive) and 967.SH.1 –
967.SH.2 dated 20 January 2016, drawn by Linklater Associates
Pty Ltd Architects, and received by Council on 1 February 2016.
OWNER: Nannette Marjorie South
APPLICANT: Nannette Marjorie South
AUTHOR: Hayley Marks and Pierre Le Bas, Town Planners – Turnbull
Planning International Pty Limited
DATE OF REPORT: 29 March 2016
DATE LODGED: 3 February 2016
AMENDED: 23 March 2016
RECOMMENDATION: Part Approval
Report of Hayley Marks and Pierre Le Bas, Town Planners of Turnbull Planning International
Pty Limited
Re: 24 Jeffreys Street Kirribilli Page 2
EXECUTIVE SUMMARY
This application seeks NSIPP approval for the construction of an extension to an existing balcony
by an additional 1200mm. The balcony is located at the rear of the third level of an existing
terrace house at 24 Jeffreys Street, Kirribilli. The dwelling is a Contributory Item and located
within the Jeffreys Street Conservation Area under North Sydney LEP 2013.
The subject Development Application No. 16/2016 is reported to NSIPP because the
owner/applicant has been affiliated with the Your North Sydney Party within the past two
years. The height of the new works would also exceed the permissible height limit of 5.5m as
it is a small lot so the application must be determined by NSIPP under directions from the
NSW Department of Planning and Environment.
Council‟s notification of the proposal has attracted one (1) submission in support of the
development application. The assessment has considered this submission as well as the
performance of the application against Council‟s planning requirements.
Council‟s Conservation Planner considers the proposal to be unsatisfactory with the heritage
provisions in Part B Section 13 of NSDCP 2013. As the property is a contributory item within the
Jeffreys Street Conservation Area, the proposal is considered to detract from the integrity of the
group of terraces listed as heritage items as the proposed extension would be located above a
service wing of the dwelling that is a significant feature of the group of terraces.
The proposed balcony depth is also non-compliant in that its design and proportions are
inconsistent with balconies typical of Victorian Terraces. Therefore, the proposal would not
maintain the heritage significance of the subject dwelling and/or the group of terraces having an
adverse impact upon the significance of the Jeffreys Street Conservation Area.
However, having regard to the provisions of Section 79C of the EP&A Act 1979, the
development application with a modification to reduce the size of the deck is considered to be
reasonable and is therefore recommended for approval subject to a reduction in the depth of the
balcony to two (2) metres to provide a more useable balcony space as well as a 1500mm privacy
screen on the northern elevation to minimise overlooking into adjoining properties.
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Re: Page 3
Property/Applicant Submittors - Properties Notified
24 Jeffreys Street - DA16/16
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 4
Re: 24 Jeffreys Street, Kirribilli
DESCRIPTION OF PROPOSAL
The applicant is proposing alterations and additions to the existing terrace that involves the
following works:
Extension of an existing balcony at the studio level (third floor) of an existing terrace,
from 1200mm wide to 2400mm wide.
Timber balustrade and tiled floor to match the existing materials.
Figure 1: Proposed balcony extension demonstrated in yellow.
Figure 2: Northern elevation of proposed balcony extension as demonstrated in yellow.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 5
Re: 24 Jeffreys Street, Kirribilli
STATUTORY CONTROLS
North Sydney LEP 2013
Zoning – R3 Medium Density Residential
Item of Heritage – No but a Contributory Item under NSDCP 2013
In Vicinity of Item of Heritage – Yes (26-32 Jeffreys Street, Kirribilli, 40-42 Kirribilli
Avenue, Kirribilli & 41-45 Pitt Street, Kirribilli)
Conservation Area – Jeffreys Street Conservation Area
FSBL – No
Environmental Planning & Assessment Act 1979
SREP Sydney Harbour Catchment (2005)
SEPP No. 55 - Remediation of Land
Local Development
POLICY CONTROLS
NSDCP 2013
DESCRIPTION OF LOCALITY
The subject site is legally described as Lot A in DP154815. The property is located on the
western side of Jeffreys Street and has a total area of 131.96m2 with a 5.03m frontage to Jeffreys
Street, Kirribilli. The site contains a terrace house in a row of eight (8) adjoining terrace houses.
The subject terrace is separate from its neighbour, No 26 Jeffreys Street, Kirribilli, located to the
immediate north, by an easement for services and rights of access.
Figure 3: Aerial view of the subject site and surrounding development.
(Source: SIX Maps, accessed 22/03/2016)
The property is within the Jeffreys Street Conservation Area and is in the immediate vicinity of
heritage items at Nos. 26-32 Jeffreys Street, 40-42 Kirribilli Avenue & 41-45 Pitt Street,
Kirribilli identified in NSLEP 2013. The western side of Jeffreys Street is characterised by
terrace style development whilst the eastern side of Jeffreys Street is dominated St Aloysius
College.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 6
Re: 24 Jeffreys Street, Kirribilli
RELEVANT HISTORY
Previous Applications
A search of Council‟s records revealed the following development application history as noted
below:
Development Application 496/01 was lodged with Council on 6 April 2001 that proposed a
studio addition with ensuite bathroom and roof deck to the existing attic. After a meeting with
Council Officers, the development application was withdrawn on 4 May 2001.
Development Application 119/09 for alterations and additions to the existing terrace including
the construction of a studio addition, alteration of fenestrations and internal alterations was
lodged with Council 17 April 2009. The development application was referred to a meeting of
Council on 17 August 2010 with recommendations for approval. Council deferred the matter for
an on site inspection. The matter was referred back to Council at its meeting held on
9 September 2010 where the application was approved with conditions.
Development Application 119/09/02 was lodged with Council on 18 May 2010. The
development application was referred to a Council meeting on 6 September 2010 and was
approved on 29 November 2010.
Current Application
The history of the subject application is summarised below:
Date Action
1 February 2016 Development Application DA16/16 (the subject application) was lodged
with Council.
12 February 2016 DA 16/16 was notified to adjoining properties and the Bradfield Precinct
inviting comment between 12 February 2016 to 26 February 2016. One
(1) submission was received in support of the proposal.
4 March 2016 A site inspection was conducted by the assessing officer Hayley Marks
from Turnbull Planning International.
21 March 2016 The site was visited by Council‟s Conservation Planner – Lucinda
Varley, Team Leader – Robyn Pearson and Student Planner – Judith
Elijah.
REFERRALS
Building
The proposed works as the subject of this application have not been assessed in accordance with
compliance with the Building Code of Australia. This would need to be undertaken prior to the
issue of a Construction Certificate. Should significant changes be required to achieve compliance
with BCA standards, a Section 96 application would be necessary.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 7
Re: 24 Jeffreys Street, Kirribilli
Heritage
Council‟s Conservation Planner has provided the following comments:
The subject property is a contributory item, and forms part of the Jeffreys St group of
terraces that extend from 26 to 50 Jeffreys St. The terrace is a c 1890 example of the
Federation Filigree style and has both an intact front façade and rear form. There is
however, a small rear balcony on the attic level.
The proposed extension to the attic level balcony does not satisfy Clause 5.10 of NSLEP
2013 in that it will physically dominate the rear service wing. Consent was previously
sought for a similarly proportioned balcony under DA 119/09/2 and the heritage
assessment resulted in a development condition that it be reduced in depth. However, the
condition was not adhered to and constructed at 1.2 m in depth.
The proposal is also non-compliant with the following controls in Part B Section 13 of
NSDCP 2013:
13.4 Development in the Vicinity of Heritage Items
The proposed new work will extend across the majority of the roof of the service wing of
the subject terrace. It is noted, however, that the service wings in the group of terraces
are generally intact. The proposed works will therefore detract from the integrity of the
group and is non-compliant with Objective O1.
13.5.7 Group Heritage Items
The proposal is non-compliant with Provision P 2 in that the works are to be located on
top of a service wing that forms a significant feature of the group of terraces.
13.9.3 Verandahs and Balconies
The proposal is non-compliant with Provision P 5 in that the design and proportion of
the proposed balcony addition will result in a balcony that is inconsistent with typical
terraces from the 1890s. Balconies are not typically located on attic levels of terraces
that date from the 1890s and do not typically extend across the majority of the service
wing. Balconies on such buildings are unusually limited to street level on the primary
façade. The proposed development condition to add a 1500 mm high privacy screen will
also contribute to the visual bulk of the balcony and is not supported.
CONCLUSION
As the proposal is considered to have an adverse impact upon the heritage significance
of the terrace and the group of terraces in the Jeffreys St Conservation Area, the
proposed balcony extension is not supported due to the likely negative impact upon the
significance of the conservation area.
It is also considered that the proportions of the existing balcony are over-scaled and
there is no ability to amend the proposed design to make it compliant.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 8
Re: 24 Jeffreys Street, Kirribilli
Planners Comment
Whilst the opinion of Councils heritage planner is respected, it is noted that the existing balcony
is 1.2m in depth and a small addition to this balcony will not dominate the rear service wing of
the building. As such it is compliant with Clause 5.10 of the NSLEP 2013. In this regard a
condition has been recommended that requires the extension to be reduced so that the balcony is
only increased by 800mm in depth providing a balcony with a depth of 2m. (See Condition
C1)This width will allow practical use of the balcony whilst at the same time ensuring that it
does not dominate the rear facade of the existing building.
It is noted that NSDCP is a policy document that may be varied in site specific circumstances. In
this regard, the weight to be given to a DCP should provide a “sensible planning outcome”. In
this regard, a sensible planning outcome would be achieved by allowing practical use of the
existing balcony (refer Planning Circular PS 13-003 dated 18/3/13).
During the site inspect, it was noted that there are precedents in the immediate locality (existing
balconies) that present unsympathetically with the dwelling of which they form a part. Contrary
to this, the balcony for the subject would be constructed in appropriate materials and appear to
have been designed so as not to dominate the built form. With the condition relating to depth, the
balcony will not be „overscaled‟ but will rather improve amenity for the building occupants,
without any material heritage impacts.
It is noted that the heritage planner refers to a condition of consent imposed by Council with
regards to a previous application for the property (DA 119/09/2) that has been breached by the
property owner/s. In Jonah v Pittwater Council [2006] NSWLEC 99, it was held that past
unlawfulness, is not an issue relevant to assessment of a development application as indicated
below from the previously mentioned judgment:
“In undertaking the merit determination of whether to grant or modify a development
consent, it is irrelevant to enquire as to who is the current owner/operator, or who might
be the future owner/operator, or whether the present owner/operator has in the past
acted or used the land unlawfully, or whether the future owner/operator is likely in the
future to act or carry out any approved use unlawfully.”
SUBMISSIONS
DA 16/16 was notified to adjoining properties and the Bradfield Precinct inviting comment on
the proposal between 12 February to 26 February 2016. One (1) submission was received in
support of the proposal.
Basis of Submission
The submitter is in support of the development application and feels it will have no impact
on the surrounding areas.
CONSIDERATION
The relevant matters for consideration under Section 79C of the Environmental Planning and
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 9
Re: 24 Jeffreys Street, Kirribilli
Assessment Act 1979, are assessed under the following headings:
SREP (Sydney Harbour Catchment) 2005
Having regard to the SREP (Sydney Harbour Catchment) 2005 and the Sydney Harbour
Foreshores and Waterways Area DCP 2005, the proposed development will be partially visible
from the harbour. However, the impact of the development upon the harbour is not considered to
be detrimental and will not unduly impose upon the character of the foreshore. As such, the
development satisfies the provisions contained within the SREP 2005 and the DCP.
SEPP 55 Remediation of Land
The provisions of SEPP 55 require Council to consider the likelihood of land contamination and
any remediation necessary to rehabilitate the site. Council‟s records indicate that the site has
been used for residential development for a long period of time and as such unlikely to contain
any contamination; therefore in our opinion, the requirements of SEPP 55 have been
satisfactorily addressed.
NORTH SYDNEY LEP 2013
1. Permissibility within the zone:
The site is zoned R3 Medium Density Residential under the North Sydney LEP 2013.
Development for the purpose of alterations and additions to an existing dwelling are permissible
within the zone, with development consent from Council.
2. R3 Residential Zone Objectives
The objectives of the R3 Medium Density Residential zone are as follows:
To provide for the housing needs of the community within a medium density residential
environment.
To provide a variety of housing types within a medium density residential environment.
To enable other land uses that provide facilities or services to meet the day to day needs
of residents.
To encourage the development of sites for medium density housing if such development
does not compromise the amenity of the surround area or the natural or cultural heritage
of the area.
To provide for a suitable visual transition between high density residential areas and
lower density residential area.
To ensure that a high level of residential amenity is achieve[d] and maintained.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 10
Re: 24 Jeffreys Street, Kirribilli
The development is considered to maintain the lower scale of the residential neighbourhood. The
proposal will continue to provide for the housing needs of the community. The objective of
providing medium density housing is not relevant having regard to the cultural heritage of the
area. The development will maintain the heritage significance of the dwelling (refer to planners
comment under Heritage). The proposal will provide for a higher level of amenity for occupants.
The development will generally achieve the objectives of the zone, where such objectives are
relevant to the proposal.
3. Height of Buildings
Principal Development Standards – North Sydney Local Environmental Plan 2013
Site Area – 131.96m² Existing Proposed Control Complies
Clause 4.3 – Heights of
Building 11.4m 11.4m 5.5m No
Under the provision of Clause 4.3(2), the maximum height of a building permitted on the subject
site is 5.5m. The development will breach the building height standard for the site. The breaches
are exacerbated by the proposed alterations to the approved roof terrace.
The applicant has provided a written statement as required to Clause 4.6 in NSLEP 2013 request
seeking to justify the variation to the building height control. The non-compliance with the
control has been assessed in accordance with the requirements of Clause 4.6(3), the objectives of
the controls and the R3 Medium Density Residential zone. These matters have been considered
below:
a) to promote development that conforms to and reflects natural landforms, by stepping development on sloping land to follow the natural gradient,
The development is considered to respond appropriately to the characteristics of the
existing natural environment notwithstanding that the building was erected at a time when
the controls had not been promulgated. The extended terrace is located at the rear of the
dwelling and there is no change proposed to the natural gradient or landforms, as regards
the site. The proposal is considered to be satisfactory in this regard.
b) to promote the retention and, if appropriate, sharing of existing views,
As previously discussed within this report, the development will preserve the amenity of
surrounding dwellings in terms of view sharing.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 11
Re: 24 Jeffreys Street, Kirribilli
Figure 4: View from the existing balcony to
the south.
Figure 5: View from the existing balcony to
the north.
c) to maintain solar access to existing dwellings, public reserves and streets, and to
promote solar access for future development,
From the shadow diagrams provided by the applicant, the proposed development is
unlikely to impact solar access to existing surrounding dwellings.
d) to maintain privacy for residents of existing dwellings and to promote privacy for
residents of new buildings,
The non-complying elements of the proposed development are unlikely to materially or
significantly affect privacy in respect of adjoining properties. Conditions of consent are
recommended to help mitigate any residual potential overlooking of adjoining residences.
e) to ensure compatibility between development, particularly at zone boundaries,
The proposed building height is generally compatible with surrounding developments that
are similarly zoned and are of similar character. The proposal is considered amenable
with surrounding development in terms of building height.
f) to encourage an appropriate scale and density of development that is in accordance
with, and promotes the character of, an area.
The development is considered to be minor and expected to have limited impact in terms
of the scale and density of the locality and is generally consistent with the surrounding
built form. The proposal will not alter the character of this area.
The proposal has been assessed against the objectives of Clause 4.3(1) and is considered to
achieve the objectives of the control in this case. Compliance with the maximum building height
control is unreasonable and unnecessary in the present circumstances. The written justification as
submitted by the applicant seeking variation to Clause 4.3(2) in the NSLEP 2013 is supported.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 12
Re: 24 Jeffreys Street, Kirribilli
In this case, subject to adoption of condition C1 in the attached condition set, it is recommended
that the balcony extension be reduced by 800mm to minimise any impacts to adjoining properties
and/or the conservation area whilst still maintaining residential amenity for the occupants of the
subject dwelling. The application is consistent with both the height standard objectives and the
zone objectives, notwithstanding the numerical departure.
4. Heritage Conservation
No. 24 Jeffreys Street is located within the Jeffreys Street Conservation Area under the North
Sydney Local Environmental Plan 2013 and is a contributory item under NSDCP 2013.
The proposed changes to the balcony are relatively minor and not considered to alter the local
character of the precinct as a result of approval. As such, there would be minor impact upon the
heritage conservation area and nearby heritage items within the vicinity of 24 Jeffreys Street,
Kirribilli. As a balcony already exists, this suggests that a minor alteration to dimensions, with
an appropriate selection of materials and finishes, would not alter in a material way, its value as
an item.
Whilst the views of Council‟s Conservation Planner are respected, the proposed balcony
extension with a reduction of 800mm would not cause a material impact upon the conservation
area generally given it location at the rear of the dwelling. The recommended reduction in the
depth of the balcony would help to allay, to some extent, the concerns of Council‟s Conservation
Planner.
North Sydney DCP 2013
The application has been assessed against Part B, Section 1 „Residential Development‟ and 13
„Heritage and Conservation‟ in NSDCP 2013 as detailed in the table below:
NSDCP 2013 Compliance Table
DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development
Complies Comments
1.2 Social Amenity
Maintaining Residential
Accommodation
Yes The development does not result in the loss of
residential accommodation.
1.3 Environmental Criteria
Topography Yes The proposal involves no excavation or change of
existing ground level.
Bushland N/A The subject site does not adjoin a bushland reserve
Bush Fire Prone Land N/A The subject side it not located in bushfire prone
land
Foreshore Frontage N/A The subject site does not have a frontage to the
foreshore.
Views Yes The development will not obstruct views from
streets and public places and private residences.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 13
Re: 24 Jeffreys Street, Kirribilli
Solar Access Yes The applicant has provided shadow diagrams in
support of the application. The shadow diagrams
provided do not show unreasonable shadow
impacts for neighboring residences. Regardless, the
shadow implications are negligible and the
proposal will not overshadow adjoining dwellings
to the extent that these would be inconsistent with
Clause 1.3.7 of NSDCP.
Acoustic Privacy Yes The increased balcony size is likely to result in use
of the balcony by a larger number of people and
therefore generate increased noise when it is in use.
Nevertheless, the balcony is significantly elevated
above ground level but not within close proximity
to sleeping areas of neighbouring residences nor is
it located off the main living area of the property,
meaning that „every day use‟ of the balcony is
unlikely. The proposed balcony (with a reduction
in depth) is considered acceptable for the above
mentioned reasons.
Visual Privacy Yes The elevated position of the balcony and increased
depth is likely to promote overlooking of the rear
private open space of neighbouring residences.
Consequently, it is recommended that a condition
be imposed to reduce the depth of the balcony to 2
meters and require the applicant to provide a
privacy screen on the northern side of the balcony
in order to limit overlooking into adjoining
properties. With this condition the proposed
balcony is considered to be acceptable and will
have minimal impacts on the visual privacy of
surrounding residences and will be consistent with
Clause 1.3.10 of the NSDCP (see Condition C2).
1.4 Quality built form
Context Yes The development will be consistent with context
of the area and responds appropriately to the
existing opportunities, characteristics and
constraints of the site.
Streetscape Yes There is no proposed change to the streetscape.
Laneways N/A The subject property does not front a laneway.
Siting N/A There is no change to the building orientation.
Setback – Side Yes There is no change to the existing side setback.
The proposed development is considered to be
consistent with Clause 1.4.6 P3 of the NSLEP.
Setback - Rear Yes There is no change to the existing rear setback.
Form Massing Scale No The development is non-compliant with the
building height in Clause 4.3(2) in NSLEP 2013.
However this is considered acceptable and this
non-compliance was addressed in an earlier
section of this report where the non-compliance
was found to be satisfactory in the site
circumstances and consistent with previous
approvals associated with the balcony. The
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 14
Re: 24 Jeffreys Street, Kirribilli
proposed development is not considered to
detrimentally affect the character of the subject
terrace and/or the row of terraces within the
conservation area.
Built Form Character No The proposal is not consistent with current
controls, but acceptable in the site context with the
recommended condition of consent.
Dwelling Entry N/A There is no proposed change to the dwelling entry.
Roofs N/A There is no proposed change to the existing roof
form.
Colours and Materials Yes Appropriate conditions are recommended
regarding materials and colours, and the
compatibility with the architectural style of the
building and the heritage significance. (See
condition C8)
Front Fences N/A There is no proposed change to the existing front
fence
1.5 Quality Urban Environment
High Quality Residential
Accommodation
Yes The proposal is consistent with the provisions of
Section B Clause 1.5.1 of NSDCP 2013.
Safety and Security Yes The development will maintain a high level of
person safety and security for the residents of the
dwelling.
Vehicle Access and Parking Yes The development does not provide any on-site
parking. It is considered to be satisfactory in this
regard.
Site Coverage N/A There is no proposed change to the existing site
cover or unbuilt upon area.
Landscape Area N/A There is no proposed change to the landscaped
area.
Landscaping N/A There is no proposed change to the existing
landscaping.
Private and Communal Open Space Yes The proposed development will increase the
usable private open space located toward the rear
of the property. In addition, the increase in the
depth of the balcony is likely to increase the
usability of the private open space for the
occupants of the dwelling that is accessed off the
attic studio.
Site Facilities N/A There is no proposed change to the site facilities.
The existing site facilities are considered
sufficient.
Section 8: Kirribilli Planning Area (8.5 Jeffreys Street Conservation Area)
Consideration has been given to Part C of the NSDCP 2013 and in particular Section 8 of the
Character Statement for the Kirribilli Planning Area and Section 8.5 for the Jeffreys Street
Conservation area. The proposal is likely to result in a small increase in the bulk and scale of the
dwelling house at the rear. However, the balcony will not be highly visible from the public
domain and the increased bulk and scale will be minimal when viewed from neighbouring
residences. Generally, the proposal is in keeping with the built form for development in the
neighbourhood.
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 15
Re: 24 Jeffreys Street, Kirribilli
It is also noted that 41 Pitt Street and 18 Jeffreys Street both display elevated balconies to the
rear. A site inspection revealed that the existing balcony at 41 Pitt Street is constructed with
glazed balustrades and is within the view catchment of the subject site. Further research shows
that approval was granted for its construction in 2001 under DA410/2001. At the time, the
property was a regional heritage item but was not within a conservation area and was assessed
under North Sydney LEP 1989 and DCP No. 1 1991 where there were no restrictions stated for
glazed balconies.
Figure 6: View of the approved glazed balcony at 41 Pitt Street from the subject site.
The proposed development is generally consistent with the Jeffreys Street Conservation area
character statement.
ALL LIKELY IMPACTS OF THE DEVELOPMENT
All likely impacts of the proposed development have been considered within the context of this
report.
ENVIRONMENTAL APPRAISAL CONSIDERED
1. Statutory Controls Yes
2. Policy Controls Yes
3. Design in relation to existing building and Yes
natural environment
4. Landscaping/Open Space Provision N/A
5. Traffic generation and Carparking provision Yes
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 16
Re: 24 Jeffreys Street, Kirribilli
6. Loading and Servicing facilities N/A
7. Physical relationship to and impact upon adjoining Yes
development (Views, privacy, overshadowing, etc.)
8. Site Management Issues Yes
9. All relevant S79C considerations of Yes
Environmental Planning and Assessment (Amendment) Act 1979
SUBMITTORS CONCERNS
The subject application was notified to adjoining property owners and the Bradfield Precinct
between 12 February 2016 and 26 February 2016. One (1) submission was received in respect of
the application. The submitter was in support of the application and raised no „critical‟ issues as
regards the development.
CONCLUSION
The development application has been assessed against the North Sydney Local Environmental
Plan 2013 and the North Sydney Development Control Plan 2013 and generally found to be
satisfactory.
The proposed balcony extension is acceptable with the imposition of appropriate conditions
regarding the size of the balcony and the addition of a privacy screen. The balcony is off a studio
which was approved under DA119/09 and is not considered to be a „main living space‟ and
therefore everyday use of the balcony will be somewhat limited. None the less the balcony will be
usable for small groups for outdoor recreation. The increased size of the balcony is considered to
be reasonable and if approved will allow the provision of a small table and chairs.
Nevertheless, a condition has been recommended (see condition C1) to limit the depth of the
balcony to 2000mm and therefore limit privacy impacts for Nos. 45 & 43 Pitt Street, as well as to
maintain the traditional proportions of the building. A further condition is recommended (see
condition C2) for the construction of a privacy screen to a maximum height of 1500mm along
the northern elevation of the enlarged balcony and for its full length. The privacy screen with
limit privacy impacts to neighbouring residents at No 26 Jeffreys Street Kirribilli.
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 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. 16/16 for alterations
and additions to the existing dwelling house involving the extension of an existing
balcony at No.24 Jeffreys Street, Kirribilli subject to the attached standard conditions and
Report of Hayley Marks and Pierre Le Bas, Town Planner, Turnbull Planning International
Pty Ltd Page 17
Re: 24 Jeffreys Street, Kirribilli
following site specific conditions:-
Balcony Depth
C1 The studio balcony must be limited to a maximum total depth of 2000mm as
shown in red on the approved plan.
The Certifying Authority issuing the Construction Certificate must ensure that the
building plans and specifications provided by the Applicant satisfy the
requirements of this condition.
(Reason: To retain the traditional form, proportions and materials of the
dwelling and limit privacy impacts)
Privacy Screen
C2. A privacy screen must be constructed on the northern elevation of the proposed
balcony at a height of 1500mm above the floor level of the existing balcony
extending for the full depth of the balcony (2000mm) as shown in red on the
approved plans.
The Certifying Authority issuing the Construction Certificate must ensure that the
building plans and specifications provided by the Applicant satisfy the
requirements of this condition.
(Reason: Minimise privacy impacts of the future occupants of No 26 Jeffreys
Street)
Hayley Marks and Pierre Le Bas Robyn Pearson
ASSESSMENT OFFICERS TEAM LEADER
Stephen Beattie
MANAGER DEVELOPMENT SERVICES
September 2013 v1
NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL
24 JEFFREYS STREET, KIRRIBILLI DEVELOPMENT APPLICATION NO. 16/16
A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and
documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.
Plan No. Title Drawn by Received
967.1 Site & locality plan Linklater Associates P/L 1/2/16 967.2 Existing floor plans Linklater Associates P/L 1/2/16 967.3 Floor plan – attic level Linklater Associates P/L 1/2/16 967.4 Eastern and Western elevation Linklater Associates P/L 1/2/16 967.5 Northern elevation Linklater Associates P/L 1/2/16 967.6 Southern elevation Linklater Associates P/L 1/2/16
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the
plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information and to ensure ongoing compliance)
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No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that
documented on the approved plans.
(Reason: To ensure compliance with the approved development) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Balcony Depth C1 The studio balcony must be limited to a maximum depth of 2000mm as shown
in red on the approved plan. The Certifying Authority issuing the Construction Certificate must ensure that
the building plans and specifications provided by the Applicant satisfy the requirements of this condition.
(Reason: To retain the traditional form, proportions and materials of the
dwelling and limit privacy impacts) Privacy Screen
C2. A privacy screen must be constructed on the northern elevation of the proposed balcony at a height of 1500mm above the floor level of the existing balcony extending for the full depth of the balcony (2000mm) as shown in red on the approved plans.
The Certifying Authority issuing the Construction Certificate must ensure that
the building plans and specifications provided by the Applicant satisfy the requirements of this condition.
(Reason: Minimise privacy impacts of the future occupants of No 26
Jeffreys Street) Dilapidation Report Damage to Public Infrastructure C3 A dilapidation survey and report (including photographic record) must be prepared by
a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.
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The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.
The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the
commencement of construction) Dilapidation Survey Private Property (Neighbouring Buildings) C4 A photographic survey and dilapidation report of adjoining properties No. 22 Jeffreys
Street, Kirribilli detailing the physical condition of those properties, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.
All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.
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)
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Structural Adequacy (Semi Detached and Terrace Buildings) C5 A report from an appropriately qualified and practising structural engineer, certifying
the structural adequacy of the adjoining property No. 22 Jeffreys Street, which certifies its ability to withstand the proposed works and outlines any measures required to be implemented to ensure that no damage will occur to adjoining premises during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.
Under no circumstances shall the party or common wall be extended or altered without the prior written consent of the adjoining owner. Any such extension of the party wall shall be noted on title by way of appropriate easement or Section 88B instrument.
(Reason: To ensure the protection and structural integrity of adjoining
properties, and that common law property rights are recognised) Structural Adequacy of Existing Building C6 A report prepared by an appropriately qualified and practising structural engineer,
certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.
(Reason: To ensure the structural integrity of the building is maintained)
Waste Management Plan C7 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
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waste) Colours, Finishes and Materials (Conservation Areas) C8 The finishes, materials and exterior colours shall be complementary to the
architectural style of the original building and sympathetic to the character of the Conservation Area. A schedule of finishes, materials and external colours shall be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted fully satisfy the requirements of this condition prior to the release of the Construction Certificate.
(Reason: To ensure that the completed colours, finishes and materials are
complementary to the Conservation Area.) Stormwater Disposal C9 Stormwater runoff generated by the approved development must be conveyed by
gravity to the existing site stormwater drainage disposal system. A licensed tradesman shall install plumbing components to achieve this requirement in accordance with the BCA and current plumbing standards and guidelines. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted , referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure appropriate provision for disposal and stormwater
management arising from the development) Asbestos Material Survey C10 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
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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)
D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk
Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.
(Note: Applications for hoarding permits, vehicular crossings etc will require
evidence of insurance upon lodgement of the application.)
(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)
Asbestos Material Survey
D2. Prior to the commencement of any works, a report must be prepared by a suitably
qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:
a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;
b) all removal must be in strict accordance with the requirements of the
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WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.
c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and
d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.
The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure the long term health of workers on site and occupants of the
building is not put at risk unnecessarily) Commencement of Works Notice
D3. Building work, demolition or excavation in accordance with this development consent
must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.
(Reason: To ensure appropriate safeguarding measures are in place prior to the
commencement of any building work, demolition or excavation) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of
excavation/demolition/construction process, for convenient use of site workers.
(Reason: To ensure adequate provision is made for builders’ waste) Parking Restrictions
E2. Existing public parking provisions in the vicinity of the site must be maintained at all
times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not
compromised during works)
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Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be maintained
in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council.. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.
Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.
(Reason: Public Safety)
Removal of Extra Fabric E4. 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 E5. The following must be complied with at all times:
(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be
covered. (c) Dust suppression measures must be carried out to minimise wind-borne
emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.
(d) Odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.
(Reason: To ensure residential amenity is maintained in the immediate vicinity)
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Noise and Vibration E6. 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 E7. 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) Special Permits E8. Unless otherwise specifically approved in writing by Council, all works, processes,
storage of materials, loading and unloading associated with the development must occur entirely on the property. The developer, owner or builder may apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property. In the event that a permit is granted by Council for the carrying out of works, processes, storage of materials, loading and unloading associated with the development on Council's property, the development must be carried out in accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -
1) On-street mobile plant
Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.
(Reason: Proper management of public land)
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2) Hoardings
Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.
(Reason: Proper management of public land)
3) Storage of building materials and building waste containers (skips) on
Council’s property
Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.
(Reason: Proper management of public land)
4) Kerbside restrictions, construction zones
Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.
(Reason: Proper management of public land)
Construction Hours E9. 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
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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) Site Amenities and Facilities E10. 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 E11. 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 E12. 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
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this effect must be erected adjacent to the street alignment.
(Reason: To ensure public safety and amenity on public land) Plant & Equipment Kept Within Site E13. All plant and equipment used in the undertaking of the development/ works, including
concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within the boundaries of the site (unless a permit is obtained from Council beforehand) and so placed that all concrete slurry, water, debris and the like must be discharged onto the building site, and is to be contained within the site boundaries.
Details of Council requirements for permits on public land for standing plant, hoardings, storage of materials and construction zones and the like are available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)
Waste Disposal E14. All records demonstrating the lawful disposal of waste must be retained and kept
readily accessible for inspection by regulatory authorities such as North Sydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)
Asbestos Removal E15. All demolition works involving the removal and disposal of asbestos cement must
only be undertaken by contractors who hold a current WorkCover Asbestos or “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence and removal must be carried out in accordance with National Occupational Health and Safety Commission. (Reason: To ensure works are carried out in accordance with relevant
WorkCover requirements) F. Prescribed Conditions imposed under EP&A Act and Regulations and other
relevant Legislation 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)
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http://www.northsydney.nsw.gov.au/�
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Home Building Act F2. 1) Building work that involves residential building work (within the meaning and
exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:
a) in the case of work for which a principal contractor is required to be
appointed:
i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part
6 of that Act, or
(b) in the case of work to be done by an owner-builder:
(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit
under that Act, the number of the owner-builder permit.
2) If arrangements for doing residential building work are changed while the work is in progress such that the information submitted to Council in accordance with this conditions is out of date, work must cease and no further work may be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.
Note: A certificate purporting to be issued by an approved insurer under Part 6 of the
Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.
(Reason: Prescribed - Statutory)
Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent
must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or
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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) Commencement of Works F6. Building work, demolition or excavation in accordance with this development consent
must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence the erection of the building.
(Reason: Statutory; To ensure appropriate safeguarding measures are in place
prior to the commencement of any building work, demolition or excavation)
Demolition F7. 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
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a) stating that unauthorised entry to the work site is prohibited; b) showing the name of the principal contractor (or person in charge of
the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and
c) showing the name, address and telephone number of the Principal Certifying Authority for the work.
2) Any such sign must be maintained while to building work or demolition work
is being carried out, but must be removed when the work has been completed.
(Reason: Prescribed - Statutory) G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Certificate any and all works relating to the
development: a. in the road reserve must be fully completed; and b. to repair and make good any damaged public infrastructure caused as a result
of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;
to the satisfaction of Council Engineers at no cost to Council.
(Reason: Maintain quality of Public assets)
Damage to Adjoining Properties G2. All precautions must be taken to prevent any damage likely to be sustained to
adjoining properties. Adjoining owner property rights and the need for owner’s permission must be observed at all times, including the entering onto land for the purpose of undertaking works.
(Reason: To ensure adjoining owner’s property rights are protected) Asbestos Clearance Certificate G3. 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: -
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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) Compliance with Certain conditions G4. Prior to the issue of any Occupation Certificate, condition C1 – Balcony Width and
C2 – Privacy Screen 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)
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