Item ____IPP02_______ - REPORTS -______02/08/17_________
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 02/08/17
Attachments:
1. Site Plan
2. Architectural Plans
ADDRESS/WARD: 137 Carabella Street, Kirribilli
APPLICATION NO: DA 102/2017
PROPOSAL: Alterations and additions to the existing ground floor balcony at the
rear of the dwelling house.
PLANS REF: Plan
No.
Issue Title Drawn by Received
DA00 A Title Page DDC Architects 28 March 2017
DA01 D Notification Plan DDC Architects 16 June 2017
DA01A C Notification Plan DDC Architects 28 March 2017
DA02 B Site Analysis DDC Architects 28 March 2017
DA02 B Site Survey DDC Architects 28 March 2017
DA04 C Site Plan DDC Architects 28 March 2017
DA05 B Basement Level (yard
level)
DDC Architects 28 March 2017
DA06 C Lower Ground Floor DDC Architects 28 March 2017
DA07 C Ground Floor Plan DDC Architects 28 March 2017
DA08 B First Floor Plan DDC Architects 28 March 2017
DA09 B Roof Plan DDC Architects 28 March 2017
DA10 B Elevation Front DDC Architects 28 March 2017
DA11 D Elevation Back DDC Architects 16 June 2017
DA12 C Long Section DDC Architects 13 April 2017
OWNER: Susanne and Oliver Greeves
APPLICANT: Susanne Greeves
AUTHOR: Report of Student Assessment Officer, Hugh Shouldice
DATE OF REPORT: 24 July 2017
DATE LODGED: 28 March 2017
AMENDED: 16 June 2017
RECOMMENDATION: Approval
Report of Hugh Shouldice, Student Assessment Officer Page 2
Re: 137 Carabella Street, Kirribilli
EXECUTIVE SUMMARY
This development application seeks NSIPP approval for alterations and additions to an existing 3
storey semi-detached dwelling including an extension to the existing middle level balcony off an
existing bedroom (ground floor level) at No. 137 Carabella Street, Kirribilli.
This application is reported to North Sydney Independent Planning Panel for
determination due to the public interest in the application.
On 6 May 2017, DA35/17 proposing a similar balcony extension was approved by NSIPP for No.
139 Carabella Street subject to appropriate conditions of consent.
Notification of this proposal attracted three (3) submissions raising particular concerns about
visual privacy, noise, loss of amenity and heritage appearance. The assessment has considered
these concerns as well as the performance of the application against Council’s planning
requirements where the proposal was found to be acceptable because there would be no
unreasonable impacts to adjoining properties and/or the streetscape.
Following this assessment, the development application is considered to be reasonable in the
circumstances and is recommended for approval subject to conditions.
LOCATION MAP
KIRRIBILLI
VILLAGE SQ
UAR
E
BRO
UG
HTO
N
WILLOUGHBY
HUM
PHREY PLACEHUM
PHREY PLACE
WIN
SLO
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CRESCENT
STRE
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BURTON S
TREET
BLIGH
STREET
PLACE
WINSLOW LANE
STREET
CARABELLA
WINSLOW LANEROAD CLOSURE
STREET
WRIXTON PARK
ELAMANG
PLACE
(12C)16
14
12A
12
12B
(10A)
10B
10(4A)
86
42
53-5
557
5 9
51
6163
65-6
769
7173
102
104
106
29
108
7
110
34
9
53
11
1
20
27A
18
13
1614
22
15
12
27
10
24
86
25
40
2
(1A)
32
23
1
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7-911- 17
19
19
21
23- 2527- 29
3133
30
35-37
17
45
2826
10098
96
29
94
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(14-24)
92
4
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20
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31
31
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88
33
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24
149
35
26
50
147
47
37
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28
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39
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30
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141
78
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76
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72
6039
34 36 38 40 42 44 46 48 50 (52) (54)
62
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11970
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Bay 26
Bay 25
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9
SP 1
609
Re: Page 3
Property/Applicant Submittors - Properties Notified
137 Carabella Street, Kirribilli - DA 102/17
Report of Hugh Shouldice, Student Assessment Officer Page 4
Re: 137 Carabella Street, Kirribilli
DESCRIPTION OF PROPOSAL
The proposal involves alterations and additions to an existing 3 storey semi-detached dwelling
including an extension to the existing middle level balcony off an existing bedroom (ground floor
level). The proposal also involves installation of a privacy screen on the north western edge of
the balcony to minimise overlooking into No. 139 Carabella Street.
Figure 1 – Proposed works to rear elevation
Figure 2 –Floor Plan of proposed works
Report of Hugh Shouldice, Student Assessment Officer Page 5
Re: 137 Carabella Street, Kirribilli
Figure 3 – Side elevation and proposed privacy screen
STATUTORY CONTROLS
North Sydney LEP 2013
Zoning – R2 Low Density Residential
Item of Heritage – No
In Vicinity of Item of Heritage – Yes (Local Item I0297 – No. 45 Willoughby Street)
Conservation Area – Yes (Careening Cove Conservation Area)
FSBL - No
Environmental Planning & Assessment Act 1979
SEPP No. 55 – Remediation of Land
SREP (Sydney Harbour Catchment) 2005
Local Development
POLICY CONTROLS
NSDCP 2013
Report of Hugh Shouldice, Student Assessment Officer Page 6
Re: 137 Carabella Street, Kirribilli
DESCRIPTION OF LOCALITY
The subject site, known as No. 137 Carabella Street, Kirribilli, is located on the north-eastern
side of Carabella Street within an R2 - Low Density Residential Zone. The site is legally
described as Lot 17, DP1078553. The site is rectangular in shape, with a frontage to Carabella
Street of 4.59 metres, an approximate length of 35.3 metres with a total site area of 162.05m2.
Currently occupying the subject site is a three storey Victorian Terrace. The locality is
characterised by a mixture of residential development types, including detached dwellings,
terraces and townhouses. To the northeast of the subject site is a local heritage item, being a
detached dwelling at No. 45 Willoughby Street. Further to the north is Milson Park. To the west
are single and double storey detached dwellings.
Figure 4 – Street view of Subject Site
Figure 5 – Context of Subject Site
Report of Hugh Shouldice, Student Assessment Officer Page 7
Re: 137 Carabella Street, Kirribilli
Figure 6 – Heritage Zoning Map in relation to Subject Site
Figure 7 – Rear view of Subject Site and adjoining neighbours
Report of Hugh Shouldice, Student Assessment Officer Page 8
Re: 137 Carabella Street, Kirribilli
RELEVANT HISTORY
The development application history associated with the subject site is listed below:-
Date Action
Previous Applications
August 2006 Council approved DA377/05/2 for amendments to the rear windows and doors,
an increase in the size of the approved balconies on the top floor as well as the
ground floor on the rear elevation.
Current Application
28 March 2017 The subject development application was submitted to Council.
7 April 2017 The application was placed on notification to the adjoining properties and the
Milson Precinct.
5 May 2017 A meeting was held at Council chambers with the owner of No. 137 Carabella
Street, Kirribilli and their professional consultants to discuss the issues arising
from the application with regards to privacy and heritage.
6 June 2017 Amended Plans were submitted to Council increasing the side setback (1.4m)
from the boundary with No. 139 Carabella Street with the provision of a
privacy screen.
13 June 2017 The application was re-notified to the adjoining properties and the Milson
Precinct. One submission was received against the amended proposal.
5 July 2017 NSIPP approved a development application for a similar extension to the
middle floor balcony at No. 139 Carabella Street, Kirribilli.
REFERRALS
Building
The proposed works the subject of this application have not been assessed in accordance with
compliance with the National Construction Code. This would need to be undertaken prior to the
issue of a Construction Certificate. Should significant changes be required to achieve compliance
with NCC standards, a Section 96 application would be necessary.
Heritage
The application was referred to Council’s Conservation Planner who provided the following
comments:
1. Heritage Status and Significance
The property is located within the Careening Cove Conservation Area, and is
identified as a contributory item.
The semi-detached dwelling forms part of a group of four Victorian terraces which
date from one of the key period of significance for the Careening Cove
Conservation Area, which is significant as a largely consistent early 20th century
residential area with some Victorian buildings. It is also noted for the unusual and
irregular pattern of street layout and consequently irregular subdivision patterns
that give the area a particular character. The area is also significant for the
amphitheatre like form around the reclaimed Milson Park and the head of the bay.
Report of Hugh Shouldice, Student Assessment Officer Page 9
Re: 137 Carabella Street, Kirribilli
The terraces are also located immediately adjacent to a heritage listed Victorian
cottage at 135 Carabella Street.
It is also located in the vicinity of a heritage item at 45 Willoughby Street (rear of
the site).
2. The property
The subject terrace is the eastern most terrace in a group of four terraces in the filigree
style with a rendered brick façade with Victorian urns and decorative cornice details
concealing a skillion roof. The subject terrace retains its original form although the
property has been extensively altered with much of its original detail removed internally.
All of the terraces in this group have been the subject of recent alterations at the rear
including the subject property.
3. Heritage Impact Assessment and Recommendations
The proposed development at 137 Carabella Street Kirribilli has been assessed in terms
of Part 5 Clause 5.10 (Heritage Conservation) of the North Sydney LEP 2013 and
Section 13 (Heritage and Conservation) of the North Sydney DCP 2013.
The subject property is located within the Careening Cove Conservation Area, and is
identified as a contributory item. Its significance arises because it is part of a group of
terraces that have a strong contribution to the character and significance of the
Careening Cove Conservation Area.
The proposed works are minor, being limited to the extension of an existing balcony,
located at the rear of the property. The works will not be visible from the street or public
domain. The works are consistent with other approved developments in the group of
terraces.
As such, the proposed works are not considered to have a detrimental impact on the
significance or character of the terrace house, its group, or the surrounding conservation
area. The proposal will not impact on the adjacent listed cottage or nearby heritage
items.
Accordingly, no objection is raised on heritage grounds, subject to appropriate
conditions of consent (see condition A3, C5, E3).
SUBMISSIONS
On the 31 March 2017, the original plans were notified to adjoining property owners and the
Milson Precinct, inviting comment between 7 and 21 April 2017. Three (3) submission were
received against the application that are summarised below:
Basis of Submissions
The proposed extension to the balcony will enable neighbours to look directly into the
adjoining properties resulting in a significant loss of privacy.
Report of Hugh Shouldice, Student Assessment Officer Page 10
Re: 137 Carabella Street, Kirribilli
Any proposed privacy screen would not minimise privacy and overlooking.
The proposed extension to the balcony will significantly increase the noise nuisance
because it will allow entertaining on the rear deck.
No consultation with adjoining neighbours who will be affected by the proposed DA.
There would be a loss of privacy for No.’s 135, 135A and 139 Carabella Street.
On the 9 June 2017, the amended proposal was notified to adjoining property owners and the
Milson Precinct, inviting comment between 13 June 2017 and 27 June 2017. One (1) submission
was received against the application and one (1) submissions was received in favour of the
application. The issues raised against the application are summarized below:
The proposed balcony will project 100cm beyond the neighbouring balcony resulting in
a major impact on the water views from No. 139 Carabella Street.
The 1.8m privacy screen will cause view loss and amenity loss for the residents at No.
139 Carabella Street.
The proposed addition to the balcony would have a detrimental impact to the row of
four terrace houses.
The modified plans are not consistent with the heritage appearance of the group of
terraces.
CONSIDERATION
The relevant matters for consideration under Section 79C of the Environmental Planning and
Assessment Act 1979, are assessed under the following headings:
SREP (Sydney Harbour Catchment) 2005
The subject site is not visible from Sydney Harbour or its foreshores. The proposal therefore
would not impact upon the scenic quality of Sydney Harbour or its waterways and is considered
acceptable with regard to the above SREP.
SEPP 55 – Remediation of Land
The provisions of SEPP 55 require Council to consider the likelihood of land contamination and
any remediation necessary to rehabilitate the site. Council’s records indicate that the site has
previously been used for residential development and as such is unlikely to contain any
contamination; therefore, the requirements of the above SEPP have been satisfactorily addressed.
SEPP (Building Sustainability Index: BASIX) 2004
A BASIX certificate is not required for the application as the proposed works are under $50,000,
which is considered to be exempt development under the above SEPP.
Report of Hugh Shouldice, Student Assessment Officer Page 11
Re: 137 Carabella Street, Kirribilli
NSLEP 2013
Permissibility
The site is zoned R2 Low Density Residential under the provisions of the North Sydney Local
Environmental Plan 2013 (NSLEP 2013). Development for the purpose of alterations and
additions to a dwelling house is a permissible form of development with consent from Council.
Objectives of the zone
The objectives of the R2 – Low Density Residential are stated below:
To provide for the housing needs of the community within a low density residential
environment.
To enable other land uses that provide facilities or services to meet the day to day needs
of residents.
To encourage development of sites for low density housing, including dual occupancies,
if such development does not compromise the amenity of the surrounding area or the
natural or cultural heritage of the area.
To ensure that a high level of residential amenity is achieved and maintained.
The proposal, as amended by the recommended conditions of consent, will generally meet the
objectives of the zone as there will be no adverse privacy loss or unreasonable view loss for
adjoining properties.
Clause 4.3-Height
The maximum building height for the site is 8.5m pursuant to Clause 4.3 of NSLEP 2013. The
proposal does not exceed the height control and is therefore consistent with the objectives of the
building height control.
Clause 5.10 – Heritage Conservation
The subject site is a not a heritage item but is located in a conservation area in close proximity to
a heritage item at No. 45 Willoughby Street, Kirribilli. The proposal was referred to Council’s
Conservation Planner who raised no objection to the proposed works, subject to recommended
conditions of consent. Therefore, the proposal is considered to maintain the heritage significance
of the subject site and its surrounds, subject to recommended conditions and is therefore
considered to be satisfactory in this regard.
Report of Hugh Shouldice, Student Assessment Officer Page 12
Re: 137 Carabella Street, Kirribilli
Clause 6.10 – Earthworks
The proposal does not involve any major earthworks.
NSDCP 2013
DEVELOPMENT CONTROL PLAN 2002
Complies Comments 1.1 Function
Mixed residential
population
Yes The proposal would not change the population mix and the level of
residential accommodation available within the locality and would not
affect the supply of affordable housing and housing for seniors or people
with disabilities.
Maintaining residential
accommodation
Maintaining affordable
housing
1.3 Environmental criteria
Topography Yes The site has a north east fall of 0.4m. However, the proposal is not
anticipated to impact upon the topography of the land as no major
excavation works would be required. The proposal would maintain the
natural landform of the site and is considered to be satisfactory in this
regard.
Views Yes The proposed balcony extension will have no adverse impact on views
for adjoining properties in particular No. 139 Carabella Street as seen in
Figure 8 below.
Figure 8 – The current view to the east from 139 Carabella Street.
No. 135A
Carabella Street Existing balcony
for No. 137
Carabella Street as
seen from No. 139
Carabella Street Approved
balcony at 139
Carabella Street Proposed
privacy
screen
Report of Hugh Shouldice, Student Assessment Officer Page 13
Re: 137 Carabella Street, Kirribilli
Figure 9 – Floor Plan of proposed works
The amended plans include a 1.8m high privacy screen along the north
west edge of the balcony between No. 137 and No. 139 Carabella Street.
However, it is recommended that the privacy screen be reduced in depth
to 1m to minimize view loss for the adjoining properties as demonstrated
in Figure 10 (See Condition C1).
The proposed balcony extension would have little impact on adjoining
properties to the south of the site because these properties have no
windows facing towards the subject site and would therefore cause no
view loss for No. 135 and No. 135A Carabella Street as a result of the
proposal.
Report of Hugh Shouldice, Student Assessment Officer Page 14
Re: 137 Carabella Street, Kirribilli
Figure 10 – North west elevation of privacy screen
Solar access Yes There would be no additional loss of solar access for No. 135A Carabella
Street because the proposal as amended by the applicant would only
cause minor overshadowing to the roof of the adjoining property.
Additionally, there would be no adverse impacts on the solar access of
No. 139 Carabella Street. The proposed privacy screen with narrow
vertical panels would allow morning sunlight to filter through to this
property.
Visual privacy Yes The proposed works to the subject site will not have adverse impact on
the visual privacy of the adjoining properties because:
The existing balcony already generates some degree of mutual
overlooking due to the small narrow lot size and the sloping
topography
The proposed increase in the area of the balcony is limited to
2.8sqm and the setback 1.5m off the northern side boundary to
minimize impacts.
The proposal includes a 1800mm (in height) privacy screen on
the north western boundary, which provides a reasonable level
of privacy for No. 139 Carabella Street. The proposed privacy
screen is located wholly within the boundary of No. 137
Carabella Street and will assist in minimizing any adverse
privacy impacts for this property (see Condition C1).
No. 139 Carabella Street, Kirribilli (DA35/17) was approved on
7 June 2017 by the North Sydney Independent Planning Panel
(NSIPP) for a minor extension to the rear balcony. The current
proposal for No. 137 Carabella Street is similar in nature to
DA35/17, which was determined to have no adverse impacts on
visual privacy to adjoining properties.
Reduced
depth of
privacy
screen at 137
Carabella
Street
Report of Hugh Shouldice, Student Assessment Officer Page 15
Re: 137 Carabella Street, Kirribilli
(Note: Please refer to Figure 9 for the comparison of both
balconies)
Figure 11 – Existing View from No. 137 to No. 139 Carabella Street
rear garden
Acoustic Privacy
Yes The proposed extension to the existing bedroom balcony is unlikely to
cause noise nuisance due to its limited size (2m x 2.8m) and its location
off a bedroom. Therefore, it is not considered to be a space that is likely
to promote group activity and/or entertainment given its limited size. The
proposal, therefore will not add any additional acoustic privacy concerns.
The proposed privacy screen is also likely to act as a buffer for any noise
emanating from the balcony and satisfies the objectives of the NSDCP
2013.
1.4 Quality Built Form Context Yes The proposal is considered to be suitable for the site context and would
be complementary to the character of the surrounding area within the
Milson Precinct and the Kirribilli Neighborhood.
Streetscape Yes The proposal is considered unlikely to cause damage to Council’s
infrastructure and is considered to be acceptable in this regard.
Siting Yes The proposed development is considered to be appropriately sited on the
subject site.
Rear Setback
No
(Acceptable
on merit)
Whilst the proposed rear setback does not match the rear setback of the
adjoining terraces, the proposed rear balcony setback of 14.8m complies
with the minimum rear setback requirements of 8m as specified in the
Careening Cove Conservation Area Character Statement. The proposal is
therefore considered satisfactory in this regard.
Form, massing & scale Yes The amended proposal will not materially alter the bulk or scale of the
rear part of the terrace. The form, massing and scale is considered to
be acceptable in this regard.
Built form character Yes The proposed works are in keeping with the built form and character of
the surrounding area.
Colours and materials Yes The colours and materials for the proposal are consistent with the
adjacent dwellings. The materials of the balustrade are considered to be
consistent with the character of the surrounding area or the Careening
Cove Conservation Area (See Condition C5).
Report of Hugh Shouldice, Student Assessment Officer Page 16
Re: 137 Carabella Street, Kirribilli
1.5 Quality urban environment
Accessibility Yes The proposed works do not affect or reduce the accessibility of the site.
Safety and security Yes The existing safety and security of the residents would be unaltered by
the proposal and is considered to be satisfactory in this regard.
Vehicle Access and
Parking
No Change There is no on-site parking and the proposal would not change the
parking situation.
Site Coverage
Yes
(No
Change)
The proposal would not result in an increase in site coverage.
Total Area = 150.92m2 Existing Proposal Complies
Site Coverage
(Max. 60%)
97.07m2
70m2
(46.6%)
Unchanged
Yes
Landscaped Area
(Min 20%)
32.36m2
44m2
(29.3%)
Unchanged
Yes
Unbuilt Upon Area
(Max 20%)
32.36m2
34m2
(22%)
Unchanged*
No*
*Refer to Note below
The proposal seeks to increase the size of the balcony by 2.8sqm. The
proposed balcony extension is unenclosed and will be directly above the
existing paved area on the lower ground level. Therefore, the proposal
will have no numerical change to the unbuilt upon area on the subject
site. Please refer below to Figure 12.
Figure 12 – Existing Balcony over existing deck
Landscaping Yes The proposed works would not affect the current landscaping
requirements for the subject site.
Report of Hugh Shouldice, Student Assessment Officer Page 17
Re: 137 Carabella Street, Kirribilli
Part C – Character statements
North Sydney DCP Section 8.3 – Careening Cove Conservation Area
The application has been assessed against the relevant controls in Part B of North Sydney DCP
2013 and generally found to be satisfactory as indicated in the previous compliance table.
The proposal is also generally consistent with Part C of North Sydney DCP 2013 in particular
Section 8.3 – Careening Cove Conservation Area. The proposal maintains the built form at the
front of Victoria Terrace and is considered to be consistent with Section 8.3.6 – Characteristic
Built Elements of the Careening Cove Conservation Area in the NSDCP 2013.
SITE SUITABILITY
The proposal is considered to be suitable for the subject site, subject to conditions, given that the
proposal is unlikely to cause any adverse amenity impacts for adjoining properties.
PUBLIC INTEREST
The recommended approval of the application is unlikely to offend the public interest for the
reasons provided throughout the report.
ALL LIKELY IMPACTS OF THE DEVELOPMENT
All likely impacts of the proposed development have been considered within the context of this
report.
ENVIRONMENTAL APPRAISAL CONSIDERED
1. Statutory Controls Yes
2. Policy Controls Yes
3. Design in relation to existing building and Yes
natural environment
4. Landscaping/Open Space Provision Yes
5. Traffic generation and Car parking provision N/A
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
Report of Hugh Shouldice, Student Assessment Officer Page 18
Re: 137 Carabella Street, Kirribilli
SUBMITTORS CONCERNS
The application received three (3) submissions against the proposed works. The issues raised in
the submissions are addressed below with planning comments:
Visual Privacy Concerns
The proposed works to the subject site should not have adverse impact on the visual privacy of
the adjoining properties having regard to the following:
i. The existing balcony on the first floor already generates some mutual overlooking due
to the small and narrow lot size.
ii. The proposed increase in the area of the balcony is limited to 2.8sqm where the balcony
has been setback 1.5m off the north boundary. The proposal includes a 1800mm (in
height) privacy screen on the north western boundary, which provides a reasonable level
of privacy for No. 139 Carabella Street. The proposed privacy screen is located wholly
within the boundary of No. 137 Carabella Street and will assist in minimizing any adverse
privacy impacts for this property (see Condition C1).
iii. The proposed privacy screen with spaced louvers on an angle to ensure views and ‘
Maintain some natural light should be reduced in depth of 1m to ensure neighbouring
properties are protected from privacy issues and view loss (subject to Condition C1).
iv. NSIPP granted consent for a similar balcony extension at No. 139 Carabella Street,
Kirribilli (DA35/17) on the 7 June 2017, that was considered to have no adverse
impacts on visual privacy to adjoining properties.
Noise
The proposal is unlikely to have adverse acoustic privacy impacts for the adjoining neighbours
because the balcony would not promote entertaining, given its limited size. The proposed privacy
screen is also likely to act as a noise buffer for any noise emanating from the balcony to provide a
satisfactory level of acoustic privacy, to reasonably satisfy the objectives of the acoustic privacy
section of the NSDCP 2013.
Lack of consultation and poor design resulting is significant loss of amenity
There is no statutory requirement to consult with adjoining properties other than the notification
requirement under the EPA Act but the proposal is in keeping with the built form character of the
surrounding area. The proposal is unlikely to adversely impact the amenity of adjoining
properties as detailed earlier within this report.
Report of Hugh Shouldice, Student Assessment Officer Page 19
Re: 137 Carabella Street, Kirribilli
Adverse heritage impact upon the group of Victorian terraces
Whilst the subject site is not a heritage item, the proposal is considered to be in keeping with the
character of the group of terraces. The proposed balcony is consistent with Section 8.3.6
Characteristic built elements of the NSDCP 2013 and seeks to incorporate the existing detailing
of the Juliette style balcony. In addition, Council’s Conservation Planner has raised no objection
to the proposal, subject to the imposition of appropriate conditions (refer to conditions A3, C4
and E3).
CONCLUSION
Development Application No.102/17 has been assessed against the North Sydney Local
Environmental Plan 2013, the North Sydney Development Control Plan 2013 and the relevant
State Planning Policies and generally found to be acceptable, subject to the appropriate
conditions of consent.
The proposed privacy screen (to a maximum height of 1800mm) would minimise overlooking
into adjoining properties and the use of materials should complement the existing dwelling.
However, the privacy screen should be reduced to depth of 1m to reduce view loss to adjoining
properties, whilst still maintaining a reasonable level of visual privacy.
Having regard to the provisions of Section 79C of the Environmental Planning & Assessment
Act 1979, the application, as amended is considered to be satisfactory and recommended for
approval subject to the attached standard and site specific conditions.
RECOMMENDATION
PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT
ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of the Acting General
Manager as the consent authority, grant consent to Development Application No. 102/17 for an
extension to an existing rear deck on land at No. 137 Carabella Street subject to the site specific
conditions and attached standard conditions: -
Privacy Screen
C1. The privacy screen on the north western edge of the boundary must be no higher than
1.8m from the finished floor level of the balcony and reduced in depth to 1m.
The plans must be amended prior to the release of the construction certificate to the
satisfaction of the PCA.
(Reason: To ensure visual privacy and to minimise view loss for the adjoining
neighbours)
Hugh Shouldice Robyn Pearson
STUDENT ASSESSMENT OFFICER TEAM LEADER
Stephen Beattie
MANAGER DEVELOPMENT SERVICES
September 2013 v1
NORTH SYDNEY COUNCIL
CONDITIONS OF DEVELOPMENT APPROVAL
137 CARABELLA STREET, KIRRIBILLI
DEVELOPMENT APPLICATION NO. 102/17
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
DA04 C Site Plan DDC Architects 28 March 2017
DA05 B Basement Level (yard level) DDC Architects 28 March 2017
DA06 C Lower Ground Floor DDC Architects 28 March 2017
DA07 C Ground Floor Plan DDC Architects 28 March 2017
DA08 B First Floor Plan DDC Architects 28 March 2017
DA09 B Roof Plan DDC Architects 28 March 2017
DA10 B Elevation Front DDC Architects 28 March 2017
DA11 D Elevation Back DDC Architects 16 June 2017
DA12 C Long Section DDC Architects 13 April 2017
(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).
Privacy Screen
C1. The privacy screen on the north western edge of the boundary must be no higher than
1.8m from the finished floor level of the balcony and reduced in depth to 1m.
The plans must be amended prior to the release of the construction certificate to the
satisfaction of the PCA.
(Reason: To ensure visual privacy and to minimise view loss for the adjoining
neighbours)
Dilapidation Report Damage to Public Infrastructure
C2. A dilapidation survey and report (including photographic record) must be prepared by
a suitably qualified consultant which details the pre-developed condition of the
existing public infrastructure in the vicinity of the development site. Particular
attention must be paid to accurately recording any pre-developed damaged areas so
that Council is fully informed when assessing any damage to public infrastructure
caused as a result of the development. A copy of the dilapidation survey and report is
to be submitted to the Certifying Authority for approval prior to the issue of any
Construction Certificate.
The developer may be held liable for all damage to public infrastructure in the vicinity
of the site, where such damage is not accurately recorded and demonstrated as pre-
existing under the requirements of this condition.
The developer shall bear the cost of carrying out works to restore all public
infrastructure damaged as a result of the carrying out of the development, and no
occupation of the development shall occur until damage caused as a result of the
carrying out of the development is rectified.
A copy of the dilapidation survey and report must be lodged with North Sydney
Council by the Certifying Authority with submission of the Construction Certificate
documentation.
(Reason: To record the condition of public infrastructure prior to the
commencement of construction)
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Structural Adequacy of Existing Building
C3. A report prepared by an appropriately qualified and practising structural engineer,
certifying the structural adequacy of the property and its ability to withstand the
proposed additional, or altered structural loads during all stages of construction shall
be submitted to the Certifying Authority for approval prior to issue of any
Construction Certificate. The certified report must also include all details of the
methodology to be employed in construction phases to achieve the above
requirements. The methodology in the certified report must be complied with at all
times.
(Reason: To ensure the structural integrity of the building is maintained)
Waste Management Plan
C4. 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 (Conservation Areas)
C5. 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.)
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Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and
Gutter, Footpaths, Vehicular Crossing and Road Pavement
C6. Prior to the issue of any Construction Certificate, security deposit or bank guarantee
must be provided to Council to the sum of $1,500.00 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 required by this condition and in the schedule contained later in these
conditions must be provided by way of a deposit with the Council; or other such
guarantee that is satisfactory to Council (such as a bank guarantee). Any guarantee
provided as security must name North Sydney Council as the nominated beneficiary
and must not be subject to an expiry date.
The security will be refundable following the expiration of 6 months from the issue of
any final Occupation Certificate or completion of public work required to be
completed (whichever is the latest) but only upon inspection and release by Council’s
Engineers.
Council shall have full authority to make use of the bond for such restoration works as
deemed necessary by Council in circumstances including the following: -
where the damage constitutes a hazard in which case Council may make use of
the security immediately;
the applicant has not repaired or commenced repairing damage within 48 hours
of the issue by Council in writing of instructions to undertake such repairs or
works;
works in the public road associated with the development are to an
unacceptable quality; and
the Certifying Authority must ensure that security is provided to North Sydney
Council prior to issue of any Construction Certificate.
(Reason: To ensure appropriate security for works on public land and an
appropriate quality for new public infrastructure)
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Security Deposit/ Guarantee Schedule
C7. 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 $1,500.00
TOTAL BONDS $1,500.00
The security required by the above schedule must be provided by way of a deposit
with the Council; or other such guarantee that is satisfactory to Council (such as a
bank guarantee). Any guarantee provided as security must name North Sydney
Council as the nominated beneficiary and must not be subject to an expiry date.
(Reason: Compliance with the development consent)
D. Prior to the Commencement of any Works (and continuing where indicated)
Commencement of Works Notice
D1. 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)
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
WorkCover Authority in relation to the removal, handling and disposal of
material containing asbestos and any Work Safe Australia requirements.
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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)
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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Removal of Extra Fabric
E3. 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
E4. The following must be complied with at all times:
(a) Materials must not be burnt on the site.
(b) Vehicles entering and leaving the site with soil or fill material must be
covered.
(c) Dust suppression measures must be carried out to minimise wind-borne
emissions in accordance with the NSW Department of Housing’s 1998
guidelines - Managing Urban Stormwater: Soils and Construction.
(d) Odour suppression measures must also be carried out where appropriate so as
to prevent nuisance occurring at adjoining properties.
(Reason: To ensure residential amenity is maintained in the immediate vicinity)
Noise and Vibration
E5. 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
E6. 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)
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Special Permits
E7. 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)
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)
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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
E8. 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)
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Health and Safety
E9. 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
E10. Building materials must not be placed on Council's footpaths, roadways, parks or
grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to
this effect must be erected adjacent to the street alignment.
(Reason: To ensure public safety and amenity on public land)
Plant & Equipment Kept Within Site
E11. 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)
Asbestos Removal
E12. 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)
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F. Prescribed Conditions imposed under EP&A Act and Regulations and other
relevant Legislation
National Construction Code
F1. All building work must be carried out in accordance with the provisions of the
National Construction Code.
(Reason: Prescribed - Statutory)
Home Building Act
F2. 1) Building work that involves residential building work (within the meaning and
exemptions provided in the Home Building Act 1989) for which the Home
Building Act 1989 requires there to be a contract of insurance under Part 6 of
that Act must not be carried out unless the Principal Certifying Authority for
the development to which the work relates has given North Sydney Council
written notice of the contract of insurance being issued and of the following:
a) in the case of work for which a principal contractor is required to be
appointed:
i) the name and licence number of the principal contractor, and
ii) the name of the insurer by which the work is insured under Part
6 of that Act, or
(b) in the case of work to be done by an owner-builder:
(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)
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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)
Demolition
F6. 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)
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G. Prior to the Issue of an Occupation Certificate
Infrastructure Repair and Completion of Works
G1. Prior to the issue of any Occupation Certificate any and all works relating to the
development:
a. in the road reserve must be fully completed; and
b. to repair and make good any damaged public infrastructure caused as a result
of any works relating to the development (including damage caused by, but not
limited to, delivery vehicles, waste collection, contractors, sub-contractors,
concrete vehicles) must be fully repaired;
to the satisfaction of Council Engineers at no cost to Council.
(Reason: Maintain quality of Public assets)
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)
Utility Services
G3. All utility services shall be adjusted, to the correct levels and/or location/s required by
this consent, prior to issue of an occupation certificate. This shall be at no cost to
Council.
(Reason: To ensure compliance with the terms of this consent)
Compliance with Certain conditions
G4. Prior to the issue of any Occupation Certificate, Condition C1 ‘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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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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