NORTH SYDNEY COUNCIL Council Chambers 31 August 2017 I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING PANEL will be held in the Council Chambers, North Sydney at 2.00pm on Wednesday 6 September 2017 when your attendance is requested. Your attention is directed to the accompanying statement of the business proposed to be transacted at such meeting. ADRIAN PANUCCIO A/GENERAL MANAGER BUSINESS 1. Minutes Confirmation of Minutes of the previous Meeting held on Wednesday 2 August 2017. (Circulated)
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NORTH SYDNEY COUNCIL
Council Chambers
31 August 2017
I wish to inform you that a Meeting of the NORTH SYDNEY INDEPENDENT PLANNING
PANEL will be held in the Council Chambers, North Sydney at 2.00pm on Wednesday 6
September 2017 when your attendance is requested.
Your attention is directed to the accompanying statement of the business proposed to be
transacted at such meeting.
ADRIAN PANUCCIO
A/GENERAL MANAGER
BUSINESS
1. Minutes
Confirmation of Minutes of the previous Meeting held on Wednesday 2 August
2017.
(Circulated)
NSIPP COUNCIL CHAMBERS SEATING PLAN
PUBLIC GALLERY
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Panel Member Panel Member
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Speaker/s
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 2
2. IPP01: 70 Ellalong Road, Cremorne (T) - DA 187/17
Applicant: Carol Maree Johnston
Report of Robin Tse, Senior Assessment Officer, 29 August 2017
This development application seeks NSIPP approval for alterations and
additions to an existing single storey detached dwelling at No.70 Ellalong Road,
Cremorne including internal alterations, a two storey rear addition and a
swimming pool.
The subject application is reported to North Sydney Independent Planning Panel
for determination due to significant non-compliance with the DCP site coverage
control.
The notification of the application has attracted three (3) submissions rising
concerns relating to possible adverse privacy impacts, excessive bulk and scale,
inadequate rear boundary setback and parking impacts.
The proposal complies with the LEP’s maximum building height limit and
DCP’s front and side setback requirements. The proposal is unlikely to cause
material amenity impacts on the adjoining properties subject to the imposition
of appropriate conditions to protect the visual privacy of the adjoining
properties.
However, the proposal would result in a significant non-compliance with the
DCP’s site coverage requirement. A deferred commencement condition has
been recommended requiring design modifications to the proposed first floor
balcony and swimming pool in order to reduce the level of non-compliance with
the site coverage requirements whilst achieving a development which is
appropriate in the context and character of the locality (Condition AA1).
The issues raised in the submission have been addressed throughout this report.
Having regard to the provisions of Section 79C of the EP&A Act 1979 the
application is considered to be satisfactory and therefore can be approved
subject to the deferred commencement conditions.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
A. THAT the North Sydney Independent Planning Panel, under the delegation
of the Acting General Manager as the consent authority, grant deferred
commencement consent to Development Application No. 187/17 for alterations
and additions to an existing single storey detached dwelling at No. 70 Ellalong
Road, Cremorne, subject to the following deferred commencement conditions:
AA. Deferred Commencement Conditions
This consent shall not operate until the following deferred commencement
condition(s) has/have been satisfied.
The applicant must satisfy Council as to the matters specified in the
deferred commencement conditions within 12 months of the date of the
grant of this consent.
If the applicant fails to satisfy Council as to the matters specified in the
deferred commencement conditions within 12 months of the dated of the
grant of this consent this consent will lapse in accordance with Section 95(6)
of the Environmental Planning and Assessment Act 1979.
Design Modifications
AA1. The design of the proposed development must be amended as follows:
A minimum setback of 2.5m is provided between the north-eastern edge of the
swimming pool and the common property boundary with No.72 Ellalong Road
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 3
to increase the separation between the swimming pool and No.72 Ellalong Road
and to allow planting/soft landscaping;
The dimensions of the swimming pool shall be modified to 6.4m in length x
3.5m in width;
The depth of the first floor rear balcony and the roof over this balcony be
amended to 1.5m from the rear (north-western) glass line for the master
bedroom and ensuite bathroom, being 10.5m from the rear (north-western)
property boundary; and
Installation of 1.7m high privacy screens on the north-eastern and south-western
edges of the first floor rear balcony.
(Reason: To reduce the non-compliance with DCP’s site coverage requirements,
to ensure compliance with rear boundary setback and to minimise the privacy
impacts on the adjoining properties)
This consent shall not operate until such time as the written approval stating that
the requirements of this condition have been satisfied.
B. Subject to the above deferred commencement conditions being satisfied
within 12 months of the date of this determination, the consent shall operate in
accordance with the attached conditions, including the following site specific
conditions:
Privacy Shutters – First Floor Windows
C1. The proposed vertical louvres within the privacy shutters to be attached to
all first floor windows on the north-eastern and south-western elevations must
be fixed at an angle of 45 degrees to minimise overlooking into the adjoining
properties at Nos. 68 and 72 Ellalong Road.
The Certifying Authority must ensure that the building plans and specifications
submitted by the Applicant, referenced and accompanying the issued
Construction Certificate, fully satisfy the requirement of this condition.
(Reason: To ensure residential amenity for the adjoining properties)
Landscape Plan
C2. The applicant must submit a detailed landscape plan for the subject site
based on the Landscape Concept Plan (DA15A), dated 21/7/17 and prepared by
Corrado A Palleschi including planting of 3 x native species at 25 litre pot size
as replacement for trees to be removed within the rear yard. This landscape plan
must identify the numbers and species of plants to be planted and their mature
heights.
The plan complying with this condition must be submitted to the Certifying
Authority for approval prior to the issue of any Construction Certificate. The
Certifying Authority must ensure that this landscape plan and other plans and
specifications submitted fully satisfy the requirements of this condition.
(Reason: To ensure desirable landscape outcomes for the subject site)
3. IPP02: 53 Reynolds Street, Cremorne (T) - DA 387/16/2
Applicant: HJ Two Pty Ltd, C/- Corben Architects
Report of Luke Donovan, Senior Assessment Officer, 22 August 2017.
The applicant has lodged a Section 96 application seeking NSIPP approval to
modify DA387/16 with regards to the relocation of the entries to houses 3 and
4, changes to lift, internal changes to houses 3, 4, 5 and 6, addition of car park
exhaust, air conditioning condensers relocated to the roof of building A, toilet
added to the basement level and the skylights relocated on the roof on land at
No. 53 Reynolds Street, Cremorne.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 4
The Section 96 application is reported to North Sydney Independent Planning
Panel for determination given the level of public interest in the application.
The notification of the proposal has attracted four (4) submissions raising
particular concerns about the relocation of the mechanical plant on the roof of
Building A and the likely additional loss of visual privacy with amendments to
windows and privacy screens.
The proposed modifications involving the relocation of the entries to houses 3
and 4 (building A) from level 3 to level 2 of the building and the removal of the
staircases will provide more equitable access to these dwellings.
The lift over run and screening around the mechanical plant is limited to a
maximum height of 1200mm above the roof level and complies with the
maximum permissible building height (8.5m) in NSLEP 2013. The lift over run
and screening around the mechanical plant is unlikely to materially add to the
bulk or scale of the building or be highly visible from surrounding properties,
as the structures are centrally located on the roof at the rear of building A with
a 23m setback from the Reynolds Street boundary, 6.3m setback from the side
boundaries and limited in size to 4858mm (L) and 2320mm (W).
The external louvres to the new windows along the eastern and western
elevations of the buildings will ensure there are no adverse privacy impacts for
adjoining properties.
The proposal has been assessed having regard to Section 96 of the
Environmental Planning and Assessment Act 1979 (as amended) and found to
be satisfactory. Accordingly, the proposal is recommended for approval subject
to modified conditions of consent.
Recommending: PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND
ASSESSMENT ACT 1979 (AS AMENDED)
THAT the North Sydney Independent Planning Panel, under the delegation of
the A/General Manager as the consent authority, grant consent to this Section
96 application No. 387/16/2 to modify DA No. 387/16 with regards to the
relocation of the entries to houses 3 and 4, changes to lift, internal changes to
houses 3, 4, 5 and 6, addition of car park exhaust, air conditioning condensers
relocated to the roof of building A, toilet added to the basement level and the
skylights relocated on the roof on land at No. 53 Reynolds Street, Cremorne
subject to the following conditions:
Add Conditions A4 and I3 as follows:
Development in Accordance with Plans (S96 Amendments)
A4 The development being carried out in accordance with plans identified in
Condition A1 of the consent and endorsed with Council’s approval stamp,
except as modified by the purple clouding on the following plans: Drawing No Rev. Title Drawn by Dated
DA01 E Site plan Corben Architects 22/5/2017
DA02 E Level 1 plan Corben Architects 22/5/2017
DA03 E Level 2 plan Corben Architects 22/5/2017
DA04 E Level 3 plan Corben Architects 22/5/2017
DA05 E Level 4 plan Corben Architects 22/5/2017
DA06 E Level 5 plan Corben Architects 22/5/2017
DA07 E Roof plan Corben Architects 22/5/2017
DA08 E Section A Corben Architects 22/5/2017
DA09 E Section B Corben Architects 22/5/2017
DA10 E North Elevation Block A Corben Architects 22/5/2017
DA11 E South Elevation Block A Corben Architects 22/5/2017
DA12 E North and South Elevations Block B Corben Architects 22/5/2017
DA13 E East Elevation Blocks A and B Corben Architects 22/5/2017
DA14 E West Elevation Blocks A and B Corben Architects 22/5/2017
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 5
Odour
I3 Use of the carpark exhaust system (Building A) must not give rise to
offensive odour or air impurities within the meaning of the Protection of the
Environment Operations Act 1997.
(Reason: To ensure the amenity of surrounding properties)
Modify Condition A3, C24, C28, C31 as follows:
External Finishes & Materials
A3.External finishes and materials must be in accordance with the submitted
schedule Drawing Number DA 22 Revision C (however noted as Rev F in title
bar), dated 26/07/17 drawn by Corben Architects and received by Council on
26/07/2017 unless otherwise modified by Council in writing.
(Reason: To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
Location of Plant
C24.All plant and equipment for Building A is to be located within the basement
(Level 1) of this building or the nominated areas on roof of this building and not
to be located on any of the balconies within this building.
All plant and equipment for Building B is to be located under the front porches
of the dwellings within this building and positioned within a suitable sound
attenuated enclosure.
Plans and specifications complying with this condition must be submitted to the
Certifying Authority for Approval prior to the issue of any Construction
Certificate. The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: Minimise impact on surrounding properties, improved visual
appearance and amenity for locality)
Adaptable Housing
C28.Dwelling 3 (Building A) must be designed with accessible features for
disabled persons, and must incorporate level entries and wider doorways and
corridors, slip resistant surfaces, reachable power points, disabled toilet, and
lever door handles and taps. These features are to be designed generally in
accordance with the relevant Australian Standard 4299 - 1995.
Plans and specifications complying with this condition must be submitted to the
Certifying Authority for approval prior to the issue of any Construction
Certificate. The Certifying Authority must ensure that the building plans and
specifications submitted, referenced on and accompanying the issued
Construction Certificate, fully satisfy the requirements of this condition.
(Reason: To ensure equity of access and availability of accommodation in the
future for an ageing population)
BASIX Certificate
C31.Under clause 97A(3) of the Environmental Planning & Assessment
Regulation 2000, it is a condition of this development consent that all the
commitments listed in BASIX Certificate No. (765569M_03) for the
development are fulfilled. Plans and specifications complying with this
condition must be submitted to the Certifying Authority for approval prior to
the issue of any Construction Certificate. The Certifying Authority must ensure
that the building plans and specifications submitted, referenced on and
accompanying the issued Construction Certificate, fully satisfy the
requirements of this condition.
NORTH SYDNEY INDEPENDENT PLANNING PANEL – 06/09/17 Page No 6
(Reason: To ensure the proposed development will meet the Government’s
requirements for sustainability and statutory requirements).