Item - REPORTS - North Sydney Council · the carport and relates to DA86/14 also reported to the Panel. The property is a heritage item of local significance and is part of a row

Item ___IPP02________ - REPORTS -_______06/08/2014________

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 06/08/2014

Attachments:

1. Site Plan

2. Original DA approved drawings

3. Proposed amended drawings

4. Report to Council 18/2/13

ADDRESS/WARD: 26 Morton Street, Wollstonecraft (W)

APPLICATION No: DA 271/12/2

PROPOSAL: To modify a consent for the erection of a double carport, to

accommodate a gym, bathroom and laundry under the carport, and

associated landscape works

PLANS REF: Drawings numbered S96-01 (D), S96-02 (D), S96-04 (D), S96-05

(D), S96-06 (D) & S96-09 (D), dated 18/3/14, drawn by Peter

Dalton Architects, and received by Council on 31/3/14 and S96-

03 (E), S96-07 (E) & S96-08 (E), dated 18/5/14, drawn by Peter

Dalton Architects, and received by Council on 19/5/14

OWNER: Cecilia Wing-Sze Shanahan

APPLICANT: Matthew Shanahan

AUTHOR: Susanna Cheng, Senior Assessment Officer

DATE OF REPORT: 28 July 2014

DATE LODGED: 31 March 2014

AMENDED: 19 May 2014

RECOMMENDATION: Approval

http://www.northsydney.nsw.gov.au/files/ac82d394-25e7-4feb-ae24-a34c00cfe146/PDS08_26_Morton_Street_Wollstonecraft_W_-_DA_271_12.pdf

Report of Susanna Cheng, Senior Assessment Officer Page 2

Re: 26 Morton Street, Wollstonecraft

EXECUTIVE SUMMARY

This application under Section 96(2) of the Environmental Planning and Assessment Act 1979

seeks to modify Council’s consent for a double carport so as to create an excavated basement

level containing a gym, bathroom and laundry, and associated landscape works. The

development is considered to be substantially the same as the approved development as the

structure will remain ancillary to a duplex within the site, and its aboveground envelope and

streetscape and amenity impacts will be similar to that approved.

The application is reported to the North Sydney Independent Planning Panel for determination as

the original determination was made by full Council against officer’s recommendation to delete

the carport and relates to DA86/14 also reported to the Panel.

The property is a heritage item of local significance and is part of a row of five heritage items of

similar form and character other than the carport approved under DA271/12 for the subject site.

Approval was granted in 2007 for erection of a carport within the front setback of No.18 Morton

Street. The dwelling group otherwise have open garden settings with low masonry or timber

fencing.

The proposed modifications to the carport are not supported by Council’s Conservation Planner

on the grounds that they will result in an increased and serious detrimental impact of the structure

on the heritage item and its group. The proposal is contrary to several of the objectives and

provisions of DCP in terms of its location in the front, significant part of the dwelling and its

group, its lack of ability to be reversed.

The advice of the Conservation Planner has been given considerable weight; however, on balance

and only in the particular circumstances of the case in which there is an existing and active

Council approval for an uncharacteristic element within the front setback of the site, the

proposed modification is nevertheless assessed to be satisfactory.

The proposed changes to the approved carport will result in new work below the approved

structure and have limited visibility from the street. The proposal would not present any

significant additional impact to the integrity of the heritage row when compared to the approved

structure. The proposed modifications therefore would not present any greater impact and would

remain an ancillary outbuilding associated with the main building.

Council’s notification of the proposal has attracted no submissions.

Following this assessment the application to modify Council’s consent is considered to be

reasonable in the circumstances and is recommended for approval.



LOCATION MAP

Property/Applicant Submitters - Properties Notified



DESCRIPTION OF PROPOSAL

The proposal is for modifications to a double carport structure approved under DA271/12 (not yet

constructed), to create an excavated basement level under the carport containing a gym, bathroom

and laundry, and associated retaining walls and landscape works (Figure 1).

Figure 1 – Additions to carport will be under the approved carport & below street level

STATUTORY CONTROLS

NSLEP 2013

Zoning – R3 Medium Density Residential

Subdivision lot size – 230m2

Height of building – 8.5m

FSR – None specified

Item of Heritage – Yes (I1105)

In Vicinity of Item of Heritage – Yes (No’s. 18, 20, 22 & 24 Morton Street)

Conservation Area – No

FSBL – No

Environmental Planning & Assessment Act 1979

SEPP No. 55 – Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

Local Development

POLICY CONTROLS

NSDCP 2013

DESCRIPTION OF LOCALITY

The site is located on the western side of Morton Street, between Rocklands Road and Hazelbank

Road. The site is generally rectangular in shape, with a frontage to Morton Street of 15.86 metres

and a variable length between 44 and 48.39 metres. The allotment falls some 4m from the street

to the rear. The site has an area of 704m2.

The site is occupied by a 1- & 2-storey duplex within a garden setting, with a driveway along the

southern boundary (Figures 2 to 6).



Figure 2 – Site Figure 3 – Rear garden

Figure 4 – Side yard within northern setback

Figure 5 – Location of approved carport

Figure 6 – Driveway along southern boundary

The site is the northernmost property within a heritage listed row of five dwellings known as

Morton Street Federation Houses Group. Surrounding development is predominantly residential,

including 2-storey villas and walk-up flat buildings.

CHECKING OF PLANS

This application has been checked as against the approved drawings to ensure that the changes

being sought are the only changes included in the submitted plans.



RELEVANT HISTORY

Unauthorised works (2003)

The single dwelling was converted to a duplex in 2003 through the unauthorised excavation of a

basement storey. The works were the subject of a Penalty Infringement Notice issued by Council.

A Building Certificate was lodged on 15/6/05; however, due to the extent of work, being

extensive subfloor excavation and creation of a 2 storey dwelling, a Building Certificate could not

be issued until after a Development Application was determined.

Duplex development (2006)

Development application DA614/05 was lodged on 23/12/05 for the creation of a duplex

development and alterations and additions to the existing dwelling, including a 2-storey rear

addition with enclosed balconies and creation of a habitable floor space within the attic, and car

parking located in the southern side driveway. The DA was approved by Council on 30/5/06.

Council granted consent to modify the development on 11/2/08, including reconfiguration of the

attic floor plan and an increase in size of the Velux attic window on the western elevation

(DA614/05/2).

The property changed owners in 2010.

Carport approval (2013)

On 18/2/13 Council granted consent to DA271/12 for the erection of a double carport including

removal of a tree, construction of a new driveway crossover and new automated vehicular gates,

and erection of a rear deck off an existing loft including roof extension (Attachment 2).

The part of the application relating to the carport was approved against the Assessment Officer’s

recommendation, principally on heritage grounds. The officer’s report to Council recommended

that the application be approved subject to conditions to delete the carport and hardstand, to retain

an existing Phoenix Palm tree (Attachment 4). Council’s Tree Preservation Officer approved

removal of the tree under a separate Tree Preservation Order process.

Subject DA271/12/2

The subject DA was lodged on 31/3/14. Additional information in relation to site survey levels

and section drawings was requested on 2/4/14, and received by Council on 19/5/14.

Attic DA86/14

At the time of lodgement of the subject section 96 application, Council received an application

DA86/14 to make alterations and additions to the roof attic of the duplex building, including

deletion of the laundry. The currently proposed laundry in the carport basement would replace

the attic laundry proposed to be deleted under DA86/14, which is being assessed concurrently

with the subject section 96 application.



REFERRALS

Building

The proposal was discussed with Council’s Senior Building Surveyor who advised the proposed

basement level to the carport is able to comply with the Building Code of Australia. Conditions

included in the consent notice provide for BCA compliance; no additional conditions are

required.

Heritage

The application was referred to Council’s Conservation Planner who has identified the site has a

Heritage Item listed in Schedule 5 of NSLEP 2013. The site is located within a row of heritage

items from No’s. 18 to 26 Morton Street; however, is not within a conservation area. The site is

described as follows:

The property contains one of a group of five houses of similar design from the same

period. No. 26 Morton Street is an originally single storey, face brick Federation

Queen Anne style house with hipped and gabled terracotta tile roof with rendered

chimneys with brick cappings. It is double fronted, with a gabled projecting bay

flanking a timber verandah supported on a timber pier with a swept timber valence and

sandstone capping to brick balustrades. The dwelling was converted to a duplex in

2006 through the unauthorised excavation of a basement storey. The original part of

the dwelling is largely intact externally, and a two storey addition has been

constructed at the rear. A driveway exists at the south of the dwelling, giving access to

the rear of the dwelling. The upper level apartment currently contains four bedrooms,

a study, plus a large attic room with ensuite. The lower apartment contains four

bedrooms plus living areas.

It is significant for being “An example of a single storey house in the Federation

Arts and Crafts style that forms part group of five similar houses. One of Morton

Street Federation Houses Group”.

It is located within a group of heritage items at 18- 26 Morton Street, known as the

Morton Street Federation Houses Group, that are significant for being: “This

group of five Federation houses survive from the first residential subdivision of

this part of Wollstonecraft and are typical of this developmental period. They

exemplify the type of building development traditionally characteristic of this

area, and are each a good, though unexceptional, example of their style. The Arts

& Crafts style juxtaposed with the restrained Queen Anne style indicates that

these were contemporary styles with a similar social acceptability. Few similar

groups of period houses in Wollstonecraft survive with the degree of originality of

this group. They make a singular and well defined streetscape.”

The Conservation Planner has conducted an assessment of the proposed works 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, and raised objections to the proposal. The

proposal is not supported on heritage grounds due to its impact on the significance of the

heritage item and the Morton Street Federation Houses Group. In particular:



The proposed carport structure was approved by Council in 2012, despite strong

objections being raised on heritage grounds due to its detrimental impact on the

significance of the heritage item and its group. The proposal to create an excavated

basement under the approved carport, in order to accommodate a gym, bathroom and

laundry, will result in an increased detrimental impact of the structure on the heritage item

and its group, by preventing the structure from being able to be reversed and the garden

setting reinstated, and by adding significantly to the scale of the uncharacteristic works

to the significant front part of the property.

Further, the proposal is contrary to several of the objectives and provisions of NSDCP

Section 13.5 (Heritage and Conservation).

NSDCP 2013 Section 13.9.5 (Garages and carports)

“The intention for these controls is to ensure that significant and contributory buildings,

with their landscaped settings, remain the dominant element in the streetscape.”

“Garages, carports and large areas of paving located within the front setback of heritage

items...are generally considered to be uncharacteristic elements.”

Comment: The proposal to significantly increase the scale of the uncharacteristic works

to the front setback of the heritage item, by excavating an additional storey under the

carport, will result in an increased detrimental impact on the heritage item and its

landscaped setting.

NSDCP 2013 Section 13.5.1 (Protecting Heritage Significance)

O8 Encourage changes to be reversible where possible and appropriate.

Comment: The approved carport is an uncharacteristic element that will block views of

the heritage item from the street and detract from the heritage significance of the

property and its group. However, the carport could be easily removed in the future and

to re-expose the views of the front of the building and reinstate its original garden

setting. However, if the proposed basement storey were constructed, it would be

extremely difficult to reverse the change and reinstate the garden setting, given the

basement is to be excavated.

NSDCP 2013 Section 13.5.7 (Group Heritage Items)

O1 Retain the significant features or characteristics of the group but allow flexibility for

change where significance will not be affected.

Comment: The property is one of a group of five related heritage items. The significance

of the group relates to their intactness and originality, making a well defined streetscape.

Only one of these buildings has a carport in the front setback. A carport on this property

has existed prior to current controls, and the carport is shown to detract significantly from

the group. Any additional works to the front of the dwellings in this group will impact on

their significance. The proposed excavated basement gym structure is highly

uncharacteristic to the group and will have a detrimental impact on its significance. It is

therefore not supported on heritage grounds.



Further, it is noted that there is potential for a gym and laundry to be located at the rear of

the property, where it will have no detrimental impact on the setting or significance of the

heritage item and its group. It is recommended that the gym be relocated to the rear of the

property, in accordance with NSDCP 13.5.1 O6 “allow changes to the rear of heritage

items where the new work does not impact the heritage significance of the heritage item”

and P5 “locate change away from significant areas of the heritage item that are intact. For

example, where a buildings significance is related to the front of the building, locate new

work to the rear”, and NSDCP 13.5.7 P2 “locate new work away from significant

elements of the group”.

The Conservation Planner provides for the following summary, conclusions and

recommendations:

The proposal to create an excavated basement under the approved carport, in order to

accommodate a gym, bathroom and laundry, will result in an increased detrimental impact

of the structure on the heritage item and its group, by preventing the structure from being

able to be reversed and the garden setting reinstated, and by adding significantly to the scale

of the uncharacteristic works to the significant front part of the property.

It is also unnecessary for such a structure to be placed in the front setback, where it requires

excavation and has serious heritage impact, when adequate provision exists at the rear of

the property for a gym to be accommodated without excavation and without detrimental

heritage impact.

The proposal is contrary to several of the objectives and provisions of NSDCP Section 13.5

(Heritage and Conservation), in terms of its location in the front, significant part of the

dwelling and its group, its lack of ability to be reversed, as detailed above.

Accordingly, the proposal is not supported on heritage grounds sue to its serious detrimental

impact on the significance of the heritage item and the Morton Street Federation Houses

Group.

Planner’s comment: The matters raised by Council’s Conservation Planner are noted, and further

discussed below.

SUBMISSIONS

The owners of adjoining properties and the Wollstonecraft Precinct were notified of the proposed

development for a 14-day period, between 11 & 25 April 2014, in accordance with section 4 of

NSDCP 2013. The notification resulted in no submissions.

CONSIDERATION

Section 96(2) of the Environmental Planning and Assessment Act, 1979

Section 96(2) of the Environmental Planning and Assessment Act, 1979 enables a consent

authority to modify a development consent upon application being sought by the applicant or any

person entitled to act on the consent, provided that the consent authority is satisfied as to the

following requirements:



1. That the development to which the consent as modified relates is substantially the

same development as the development for which consent was originally granted and

before that consent as originally granted was modified (if at all)

The proposal is considered to be generally within the scope of the approved development,

being an ancillary structure to a dual occupancy use of the site.

The modifications to the carport will, in large part, be excavated into an existing stepped

terrace within the site such that the appearance of the carport and the streetscape will

generally be maintained, as approved.

The proposal is considered akin to an application for conversion of a roof space above a

parking structure for ancillary accommodations, storage and/or utility areas, which might

ordinarily be treated as a section 96 modification, except that in the subject case, the

additions are proposed to be below the ancillary structure and generally within the same

footprint. While acknowledging the introduction of uses not included in the original

approval, it is considered that on balance, this matter may be treated as a section 96

modification.

Having regard to the above, the development is considered to be substantially the same

development as the approved development. A condition is recommended to prohibit the

use of the carport basement as a separate residence, to ensure the use of the carport

structure remains ancillary to the dual occupancy, and to clarify the terms of the section 96

approval.

2. Whether the application required the concurrence of the relevant Minister, public

authority or approval body and any comments submitted by these bodies

The original application and the subject modification do not require the concurrence of the

relevant Minister, public authority or approval body.

3. It has notified the application in accordance with the regulations, if the regulations so

require, or a development control plan

The application was notified in accordance with section A4 of NSDCP 2013.

4. It has considered any submissions made concerning the proposed modification

No submissions were received.

MERIT ASSESSMENT

In determining an application for modification of a consent under this section, the consent

authority must take into consideration such of the matters referred to in section 79C (1) as

are of relevance to the development the subject of the application:



(a) The provisions of any environmental planning instrument or draft environmental

planning instrument that is or has been placed on public exhibition and details of which

have been notified to the consent authority.

(1) SYDNEY REGIONAL ENVIRONMENTAL PLAN (SYDNEY HARBOUR

CATCHMENT) 2005

The site falls under the provisions of the SREP (Sydney Harbour Catchment) 2005 (gazetted

on 28 September 2005). The modifications will not be visible from Sydney Harbour and will

not have any impact on its setting.

(2) NORTH SYDNEY LEP 2013

1. Permissibility within the zone

The site is zoned R3 Medium Density Residential under the provisions of the North

Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes

of alterations and additions to an existing dual occupancy (attached) is permissible with

the consent of Council. Demolition is permissible with consent pursuant to clause 2.7 of

the LEP.

It is indicated on submitted drawing DA96-04 that the carport basement “Will not be

used as a separate residence”. The nature of the development will remain within the

definition of “dual occupancy” in the LEP; however, a condition is recommended to

this effect, to clarify the terms of approval.

2. Residential Zone Objectives

Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular

objectives of the R3 Medium Density Residential zone. It is considered that the

proposed development satisfies the provisions as it will provide for a high level of

residential amenity within a medium density residential environment, as discussed in

this report.

In particular, the proposed modification is considered to be consistent with the objective

“To encourage the development of sites for medium density housing if such development

does not compromise the amenity of the surrounding area or the natural or cultural

heritage of the area”. The insertion of a sub-floor level into an existing terraced part of

the site, beneath an approved carport and with limited visibility from the street, will not

diminish the heritage of the area, as discussed below in the Heritage Referral section.

3. LEP Compliance

The application has been assessed against the relevant principal development standards

contained in Part 4 of NSLEP 2013, as shown in the table below. The development

does not seek to change the existing compliance of the building; no further assessment

in this regard is considered relevant or necessary.



STATUTORY CONTROL – North Sydney Local Environmental Plan 2013

Site Area – 704m² Existing Proposed Control Complies

R3 Medium Density Residential

Minimum Lot Size

(cl.4.1) 704m² No change 230m² Yes

Building Height

(cl.4.3(2)) (max) 5.4m (carport) 7.2m (carport) 8.5m Yes

4. Heritage

Council’s Conservation Planner has advised that the proposal is not supported on

heritage grounds due to its serious detrimental impact on the significance of the heritage

item and the Morton Street Federation Houses Group, for the reasons detailed in the

Heritage Referral section above.

The referral advice has been accorded significant weight in the assessment; however, on

balance, and only in the particular circumstances of the case in which there is an

existing and active Council approval for an uncharacteristic element within the

front setback of the site, the proposed modification is nevertheless assessed to be

satisfactory as against the objectives of the heritage provisions in clause 5.10 of the

LEP; relevantly:

(a) To conserve the environmental heritage of North Sydney

The heritage significance of the property, which has been identified as being a

building in the Federation Arts & Crafts style and part of a singular and well

defined row in the streetscape, will be conserved, by virtue of the proposed

modifications being part of an ancillary structure detached from the main building

and with the modifications having limited visibility from the street.

(b) To conserve the heritage significance of heritage items ... including associated

fabric, settings and views

The significance of the subject property, heritage row and streetscape setting are

considered to be conserved, having regard to the particular circumstances of the

case and in relation to the relevant provisions and objectives in the DCP,

discussed as follows:

Objective O8 of section 13.5.1 seeks to encourage reversibility where

possible and appropriate. The extent of the proposed sub-floor level, being

within the footprint of an approved carport and generally maintaining the

stepped topography of the front yard, is not so significant as to prevent the

reversibility of the structure in its entirety. The carport, as proposed to be

modified, will remain an ancillary structure which can be reasonably

reversed, including any earthworks and infill to reinstate a terraced front

garden.



Sections 13.5.1 P5 & 13.5.7 P2 provide for the location of changes away

from significant elements and areas of a heritage item that are intact, and

objective O6 of section 13.5.1 seeks to allow changes at the rear. However,

the relocation of amenities at the rear of the property is not warranted in this

instance given that the front setback has been compromised by an approved

carport and the modifications will not significantly reduce vegetation or

change the existing terraced front setting of the site.

Objective O1 of section 13.5.7 allows flexibility for change where the

significant features or characteristics of a heritage group will not be affected.

The proposed modification is supported in this instance given that a carport

has been approved within the front setback. The approved carport is detached

from the main building and the proposed changes will be located below and

have limited visibility from the street. Any additional impacts on the

legibility and integrity of the heritage row, compared to the approved

situation, have been minimised.

The main building will remain the dominant element in the streetscape, with

existing driveway and a double carport within the front setback. The

proposed basement will not materially change the existing/approved situation

in regard to off-street car accommodation, and is considered satisfactory in

regard to the objectives of section 13.9.5 in relation to garages & carports.

The development will not materially change the front setting of the building,

which is highly compromised by an approved double carport in addition to an

existing driveway. The new forecourt to the sub-floor level will be similar to

existing terracing within the front setback and will not displace any significant

landscaping. The basement level will be below street level and not materially

affect views of the main building or the heritage row from the street.

While the proposal will increase the scale of the uncharacteristic carport, the

carport will nevertheless remain an ancillary structure to the main building. The

excavations will generally be limited to the footprint of the approved carport with

a courtyard similar to the existing terraced configuration of the front setback. The

overall scale of the carport, as proposed to be modified, is not considered so

significant as to preclude reversibility by demolition of the structure in its entirety

and associated earthworks to reinstate a garden setting.

The development is assessed to be satisfactory in relation to clause 5.10 of the LEP, on

balance and only in the context of the proposal being a modification of a previously

approved uncharacteristic structure.

(b) The likely impacts of that development, including environmental impacts on both the

natural and built environments and social and economic impacts in the locality.

The impacts of the development are assessed under the relevant development controls, as

follows:



NORTH SYDNEY DCP 2013

The proposal is generally consistent with section B1 of the DCP relating to residential

developments and Section C10 & C10.2 being the Character Statement for the Upper Slopes

Neighbourhood within the Waverton/Wollstonecraft Planning Area.

DEVELOPMENT CONTROL PLAN 2013

Residential Development Complies Comments

B1.2 Social Amenity

Maintaining residential

accommodation

Yes The duplex accommodation will be maintained.

B1.3 Environmental Criteria

Topography No The proposed excavation of up to 2.4m below ground, to

accommodate the ancillary spaces and a sunken forecourt,

does not comply with section B1.3.1 P1 which provides that

development should not result in the finished ground level

being greater than 500mm below existing levels.

The proposed excavation is nevertheless satisfactory as the

overall topography and landform, being a gradual fall of the

land from the front to rear of the site, will be generally

maintained, in accordance with objective O1 of the

provision. The subfloor of the carport will be located below

the street level and step down to the main building (Figure

7).

Figure 7 – Topography and landform will be maintained

No The proposal involves earthworks within 1m of the northern

and eastern boundaries, and partial demolition of a stone

retaining wall. The consent notice includes conditions C2

& C3 requiring dilapidation reports in relation to public

infrastructure and private property. It is recommended that

an additional standard condition G30 (Damage to

Adjoining Properties) be included to ensure any necessary

rectification works be completed prior to issue of an

occupation certificate, in accordance with section B1.3.1 4

of the DCP.

A further standard condition E2 (Re-use of Sandstone) is

recommended for any excavated sandstone to be re-used

on-site or for Council use, in accordance with sections

B1.3.1 P3 of the DCP.





Views

Solar access

Yes The development will not give rise to any material view or

shadow impacts, by virtue of the sub-floor location and

nature and extent of the works.

Acoustic privacy

Visual privacy

Yes The development will not result in any material privacy

impacts, by virtue of its the size and ancillary residential

use, and its location below adjoining residential units and

inwardly oriented into a sunken courtyard.

B1.4 Quality Built Form

Context

Siting

Yes The development is a reasonable response to the carport (as

approved) and the topography of the site.

Setbacks Yes Front setback

The basement will have a setback of 120mm from the front

boundary, in line with the approved carport.

No Side setbacks

The basement will be 260mm from the northern side

boundary, which does not comply with the minimum

900mm provision in section B1.4.6 P2. The proposed

basement setback is nevertheless supported as it aligns with

the approved carport and is well separated from the

dwelling units at No.28 Morton Street, and will not result in

any adverse amenity impacts on the neighbours.

Form, massing & scale Yes The carport structure will remain ancillary to and much

small in scale than the main building, in accordance with

section B1.4.7 P6.

Built form character Yes The addition, being below street level adjacent the front

boundary, will not be visible from or materially change the

presentation of the carport to the street.

Colours & materials Yes The approval notice includes standard condition C7 to

ensure use of heritage colours, finishes and materials.

Dwelling Entry Yes The forecourt to the carport basement will be located along

the path of travel from the front gate and along the garden

path to the formal dwelling entry of the lower ground floor

unit of the duplex, as approved under DA614/05. A

condition is recommended requiring the basement forecourt

to be available at all times for access and egress to the lower

duplex unit along this route.

B1.5 Quality Urban Environment

Lightwells & ventilation Yes Sliding doors and a window will provide natural daylight

and ventilation to the sub-floor level.

Vehicular access & car

parking

Yes The carport will accommodate 2 cars, as approved.

Site coverage Yes The development will not result in any increase in site

coverage as approved under DA271/12, as shown in the

table below.





Approved

DA271/12 Proposed Control Complies

Site Coverage (cl.B1.5.5)

(max)

37.7%

(265.3m2)

No change as

approved

DA271/12

45%

(316.8m2)

Yes (no change as

per DA271/12)

The development satisfies the objectives of the site

coverage provision, despite the non-compliance, as follows:

O1. To ensure that development is balanced and in

keeping with the optimum capacity of the site with no

over development. The carport and basement will

remain an ancillary structure to the primary use of the

site as a dual occupancy.

O2. To ensure that development promotes the existing or

desired future character of the neighbourhood. The

basement will not be readily visible from the street or

materially change the character of the neighbourhood.

O3. To control site density. The density of development

will remain generally the same as existing/approved.

The site coverage variation of 7.3%, being within 10%

of the minimum requirement, is on balance considered

to be substantially compliant.

Site coverage

(continued)

Yes O4. To limit the building footprint so as to ensure

adequate provision is made for landscaped area and

private open space. The sub-floor gym, laundry and

toilet will be located wholly beneath the approved

carport. The site will maintain adequate landscape

area, subject to condition, as discussed in the

Landscape Area section below.

Landscape area No The landscape area of 260.5m2 (37%) as approved under

DA271/12, and the proposed landscape area of 242.5m2

(34%), do not comply with the minimum requirement of

40% under section B1.5.6 P1, as shown in the table below.

The modification will further reduce the landscape area by

18m2 (3%), with a commensurate increase in un-built upon

area.

Approved

DA271/12 Proposed Control Complies

Landscape Area (min)

(cl.B1.5.6)

37%

(260.5m2) 34% (242.5m2) 40% (281.6m2) No

Un-built Upon Area

(max) (cl.B1.5.6)

25%

(178.2m2) 28% (196.2m2) 15% (105.6m2) No

The non-compliance is attributable to the creation of a

forecourt in front of the new carport basement, in place of

the lawn (Figure 8).





Figure 8 – Proposed forecourt to basement gym located in area of front lawn

The proposal is supported despite the non-compliance, as it

generally satisfies the objectives of the landscape area

provision, discussed as follows:

(a) Promote the character of the neighbourhood: The

conversion of the grassed area to a courtyard will not

materially change the existing character of the stepped

front yard or the streetscape.

(b) Provide useable private open space for the

enjoyment of residents: The level and open courtyard

will complement the gym and remain functional open

space for the residents.





Landscape area

(continued)

No (c) Provide a landscaped buffer between adjoining

properties: The forecourt will provide a similar level

of landscape buffering to the existing lawn adjacent

paved courtyard.

(d) Maximise retention and absorption of surface

drainage water on site: A condition is recommended

for unit pavers to be used in the forecourt in order to

maximise stormwater infiltration, while maintaining

trafficability and useability of the area.

(e) Minimise obstruction to underground water flow:

The extent of nature of the excavations within an

existing terraced area, will not significantly impact on

underground water flows. Provision for stormwater

management and disposal are adequately provided for

in approval conditions C11 & C12.

(f) Promote substantial landscaping, that includes the

planting of trees that when mature will have

significant canopy cover: There are no substantial

plantings remaining within the front setback, and none

are proposed. It is considered neither necessary nor

reasonable to require any substantial plantings in the

courtyard given its location between the main building

and the approved carport, its size and function for

pedestrian access.

(g) Control site density: The existing/approved site

density will be maintained.

(h) Minimise site disturbance: The courtyard will be

located in the area of an existing stepped terrace and

excavations will be limited generally to the area of the

carport and its immediate apron.

(i) Contributes to streetscape and amenity: The

accommodation of a sub-floor space and courtyard

beneath and behind the approved carport and below

street level will not have any material impact on

streetscape amenity.

(j) Allows light to penetrate between buildings: Light

penetration between buildings will be maintained.

(k) Encourage the provision of space for biodiversity

conservation and ecological processes: The

development will maintain open space generally as

approved.

It is recommended that condition A4 (Approved Landscape

Plan) be amended to the extent of the area of the basement

courtyard.





Excavation Yes The development is consistent with the objectives of the

excavation provisions. The earthworks will not materially

reduce vegetation on the site, and any adverse impacts on

the amenity of neighbouring properties can be adequately

protected by way of approval conditions C2, C3 & G20 in

relation to dilapidation reports and required rectification

works should damage occur.

Landscaping

Front gardens

Yes The proposal will not materially change the front garden

setting, as approved to accommodate a double carport. As

discussed in the Landscape Area section, a condition is

recommended for use of porous paving in the area of the

courtyard.

Private & communal

open space

Yes The development will provide at least 40m2 of ground level

open space for use by residents of the duplex.

Garbage storage

Site facilities

Yes The approved carport includes a bin storage area.

B1.6 Efficient Use of Resources

Energy efficiency Yes The application involves modifications to an approved

ancillary car parking structure associated with an existing

duplex. The proposed gym and laundry are not suitable for

separate self-contained accommodation and is not

considered to be a habitable building for the purpose of

BASIX. Accordingly, the proposal does not require

assessment against this provision of the DCP. It is noted

that the submitted BASIX certificate is not valid as the

building is not a BASIX-affected building for which

separate development consent would be required.

(c) The suitability of the site for the development

The proposed modifications are suitable for the site.

(d) Any submission made in accordance with this Act or the regulations

Council did not receive any submissions.

(e) The public interest

The proposed modifications are considered to be in the public interest as it is generally in

accordance with Council’s development controls and policies.



ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities N/A

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues N/A

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979

CONCLUSION

The proposed modification is supported as it will not result in any material additional heritage,

streetscape or residential amenity impacts compared to the approved carport. The proposal

remains substantially the same development as the structure will remain an ancillary structure to

the duplex and its location beneath the approved carport and below street level will have minimal

environmental impacts, in consideration of the approved development.

RECOMMENDATION

A. THAT the North Sydney Independent Planning Panel, under the delegation of the

General Manager as the consent authority, grant consent to Development Application

No. 271/12/2, in respect to the erection of a double carport including removal of

existing tree, construction of a new driveway crossover and new automated vehicular

gates, and erection of rear deck off an existing loft including roof extension on land

described as 26 Morton Street, Wollstonecraft, under the provisions of Section 96 of

the Environmental Planning and Assessment Act only in so far as will provide for the

following:

(1) To delete Condition (A1), of the consent and insert in lieu there of the following

new condition namely:

Development in Accordance with Plans (S96 Amendments)

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

S96-01 D Site Plan Peter Dalton

Architects

31/3/14

S96-02 D Roof Plan Peter Dalton

Architects

31/3/14

S96-03 E Loft Floor Plan & Carport

Plan Peter Dalton

Architects

19/5/14

S96-04 D Carport & Gym Plan Peter Dalton

Architects

31/3/14

S96-05 D South Elevation Peter Dalton

Architects

31/3/14

S96-06 D North Elevation Peter Dalton

Architects

31/3/14

S96-07 E East Elevation & Street

Elevation Peter Dalton

Architects

19/5/14

S96-08 E West Elevation Peter Dalton

Architects

19/5/14

S96-09 D Longitudinal Section Peter Dalton

Architects

31/3/14

except as amended by the following conditions.

(Reason: To ensure that the form of the development undertaken is in

accordance with the determination of Council, Public

Information)

(2) To insert the following new conditions:

Porous Paving [C33]

C1. The courtyard adjacent the carport basement must be paved with materials

to allow stormwater infiltration to the substrate, such as unit paving

blocks on a compacted sand base.

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 improve the capacity of the site to absorb water runoff)



Re-use of Sandstone [E2]

E1. Sandstone blocks (if any) removed from the site are to be either stored for

re-use on site or offered to Council in the first instance.

(Reason: To allow for preservation of cultural resources within the

North Sydney Council area)

Damage to Adjoining Properties [G30]

G1. On completion of the development the subject of this consent and prior to

the issue of the Occupation Certificate, a report is to be prepared by an

appropriately qualified consultant and is to be provided to the Certifying

Authority (and a copy to Council if it is not the Certifying Authority)

certifying:

1. whether any damage to adjoining properties has occurred as a result of

the development;

2. the nature and extent of any damage caused to the adjoining property as

a result of the development;

3. the nature and extent of works required to rectify any damage caused to

the adjoining property as a result of the proposed development;

4. the nature and extent of works carried out to rectify any damage caused

to the adjoining property as a result of the development; and

5. the nature and extent of any agreements entered into for rectification of

any damage caused to the adjoining property as a result of the

development.

The report and certification must reference the dilapidation survey and

reports required to be provided to the Certifying Authority in accordance

with this consent.

Where works required to rectify any damage caused to adjoining property

as a result of the development identified in the report and certification

have not been carried out, a satisfactory agreement for rectification of the

damage is to be made with the affected person/s as soon as possible prior

to the issue of an Occupation Certificate.

All costs incurred in achieving compliance with this condition shall be

borne by the developer.

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

in so far as possible)



Carport basement ancillary use only

I1. The basement level of the carport is to be ancillary to the residential use of

the site as a dual occupancy. No approval is granted or implied for use of

the carport basement as a separate residence.

(Reason: To clarify the terms of consent)

Carport basement forecourt

I2. The courtyard to the carport basement shall remain available at all times

for access to and from the entry located in the northern side setback, being

the dwelling entry to the lower ground duplex unit.

(Reason: To maintain residential amenity of the lower ground unit)

(3) To modify the following condition so as to read:

Approved Landscape Plan

A4. Landscaping works on the site are to be undertaken generally in

accordance with the landscaping plan numbered 001916/TM A1, prepared

by Urban Landscape Planners P/L, dated 16.07.2011 and received by

Council on 17/8/12, as modified by section 96 approval DA271/12/2.

The Certifying Authority must ensure that the building plans and

specifications submitted by the Applicant, referenced on and

accompanying the issued Construction Certificate, fully satisfy the

requirements of this condition.

(Reason: To ensure appropriate landscaped area and landscaping

amenity at the final inspection stage of the development)

Susanna Cheng David Hoy

SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS

Stephen Beattie

MANAGER ASSESSMENTS

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North Sydney CouncilCopyright@ North Sydney Council - No part of this map may be reproducedwjthout p€rmission Commercial decisrons should not be made based onrnformation conlained in lhß map without nrst checking details held by theresponsible Government authorìty

Fuiher details can be obtained by calling (02) 9936 8100 or e mailmapping@northsydney nsw gov au

ATTACHMENT TO IPP02 - 06/08/2014 Page 24

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.

To locate the previous report, click on the hyperlink under attachments on the top of page 1.

Item - REPORTS - North Sydney Council · the carport and relates to DA86/14 also reported to the Panel. The property is a heritage item of local significance and is part of a row

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