Item - REPORTS - North Sydney Council

Item ____IPP05_______ - REPORTS -______02/12/2015_________

N O R T H S Y D N E Y C O U N C I L R E P O R T S

NSIPP MEETING HELD ON 2/12/2015

Attachments: 1. Site Plan

2. Plans, Elevations and Perspective 3. Shadow Diagrams

4. Clause 4.6 Request for Variation to Clause 30(h) SEPP (ARH)

ADDRESS/WARD: 171 West Street, Crows Nest (T) APPLICATION NO.: DA131/15 PROPOSAL: Demolition of Existing Seven (7) Bedroom Boarding House and

Construction of new Ten (10) Bedroom “New Generation” Boarding House with Associated Landscaping

PLANS REF: Drawings numberedA0003-A0005, A2100-A2101, A2103,

A3000-A3003, Issue O, dated 23 October 2015, drawn by Prescott Architects, and received by Council on 27 October 2015

OWNER: Wei Hong Cao & Xiu Fang He APPLICANT: Wei Hong Cao AUTHOR: Kim Rothe, Senior Assessment Officer DATE OF REPORT: 24 November 2015 DATE LODGED: 1 May 2015 AMENDED: 15 September 2015, 12 October and 26 October 2015 RECOMMENDATION Approval

Report of Kim Rothe, Senior Assessment Officer Re: 171 West Street, Crows Nest

EXECUTIVE SUMMARY The proposal seeks consent to demolish the existing building and structures on the site and to construct a new two storey ten (10) room boarding house to be operated by Link Housing. The

proposal is being reported to NSIPP due to the Variation sought to Clause 30(h) of SEPP

(Affordable Rental Housing) 2009 and the number of public submissions received objecting

to the development. The proposal is an amended proposal being substantially different from the original proposal which included eleven (11) boarding rooms, mezzanine studies, front balconies, motorcycle parking and vehicular crossover. The balconies, mezzanine, vehicular parking and crossover have all been removed from the proposal. The development application has been assessed against the Provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013. A Clause 4.6 Request for Variation to the Development Standard set out in Clause 30(h) of SEPP (Affordable Rental Housing) 2009 regarding the lack of provision of motorcycle parking for the site. The variation is considered to be supportable in the circumstances given the proximity of the site to regular public transport. Council‟s notifications of the original and amended proposal attracted a total of twenty-one (21)

submissions raising particular concerns regarding, heritage, bulk and scale, architectural merit, and management of the existing and future development, privacy (visual and acoustic), lack of parking and local residential amenity impacts associated with the application. The assessment of the proposal has considered the concerns raised in the submissions as well as the performance of the application against Council‟s planning requirements. Subject to the resolution of concerns relating to Resident Relocation and finalisation of the Management Plan for the premises, the development application is considered to be reasonable in the circumstances and is recommended for approval subject to deferred commencement and general conditions of development consent.

Re: 171 West Street, Crows Nest - DA 131/15

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Property/Applicant O Submittors - Properties Notified


DESCRIPTION OF PROPOSAL This amended development proposal seeks the demolition of existing seven (7) bedroom boarding house and construction of a „new generation‟, ten (10) bedroom boarding house with associated landscaping at 171 West Street, Crows Nest (Lot 2 DP654578). The proposal is an amended proposal with the originally submitted development proposing more rooms, lodger capacity, mezzanine study areas, motorcycle parking with crossover and was a much bulkier building. A breakdown of works current amended proposal which the subject of this report is provided below: Demolition

Demolition of existing seven (7) bedroom boarding house; Construction

Construction of a „new generation‟, ten (10) bedroom boarding house, comprising six (6) single rooms and four (4) double rooms, providing for a total potential capacity of fourteen (14) lodgers;

Ground Floor

Provision for four (4) single boarding rooms with ensuites (including one (1) disabled rooms); open living/dining/kitchen area, laundry, store, separate toilet, office alcove and rear patio.

Externally, a bike parking rack is provided on the northern side and bin store area to northern front portion of the building.

Clothes drying area to northern rear part of the site. First Floor

Provision for two (2) single boarding rooms with ensuites and four (4) double boarding rooms with ensuites with connecting hallway and lounge area.

Landscaping

Four (4) trees proposed to be removed Associated landscaping works.

Operation The applicant in their submission has provided clarification that the proposal seeks operation of the premises as a “General Boarding House” pursuant to the Boarding houses Act 2012. Under Section 5(2) of that Act, General Boarding Houses are premises that provide beds, for a fee or reward, for 5 or more residents.


The applicant has specifically identified that the premises will not be operated as an “assisted

boarding house”, which under Section 37(1) of the Boarding Houses Act 2012, includes boarding premises accommodating 2 or more residents with additional support needs. STATUTORY CONTROLS North Sydney Local Environmental Plan 2013

Zoning – R3 Medium Density Residential Lot size – 422.6m2 Height of building – 8.5m FSR – None specified Item of Heritage – No In Vicinity of Item of Heritage – Yes (Dwelling House Item I0177, 169 West Street,

Crows Nest) Conservation Area – No

S94 Contribution - Yes Environmental Planning & Assessment Act 1979 SEPP No. 55 - Contaminated Lands SREP (Sydney Harbour Catchment) SEPP (Affordable Rental Housing) 2009 Local Development POLICY CONTROLS North Sydney Development Control Plan 2013 DESCRIPTION OF LOCALITY The site is identified as 171 West Street, Crows Nest (Lot 2 DP 654578). The site is regular in shape, with a total area of 422.6sqm (by DP), with a frontage of 10.78m to West Street and is 39.625m in depth along the northern boundary. The site is zoned R3 Medium Density Residential and currently accommodates an existing detached single storey dwelling, having been converted to use as a boarding house. Council records indicate the lawful use of the site as a boarding house since 1962.


Figure 1: Aerial view of subject site and locality. Source: Sixmaps.nsw.gov.au. The site is not identified as being a heritage nor contributory item, however is located adjacent to an existing heritage dwelling (item I0177) immediately to the south of the site at 169 West Street, Crows Nest. This items occupies a prominent position at the intersection with West and Ernest Streets. The site is also borders the Holtermann Estate B Conservation area, immediately to the west of the site, of which West Street itself is the boundary. An extract of NSLEP2013 Zoning and Heritage Maps is provided within this report. Surrounding development to the west includes predominately low density established residential development with significant heritage significance, consistent with the number of heritage Items surrounding the site as well as the Holtermann Estate Conservation Areas. The site is also located within a transition area of some medium density development to the east of the site, consisting of three storey residential flat buildings along Ernest and West Streets, and is within proximity to Crows Nest TAFE. RELEVANT HISTORY

Subject Site A review of Council records does not indicate any recent relevant development history on the subject site. A review of Council records Indicates that the site accommodates a boarding house having been converted from a single dwelling circa 1962. Council records indicate the lawful use of the site as a boarding house since 1962 and is on Council‟s Boarding House register.


It is noted however that a Pre-DA meeting was held with Council on 27 May 2014 seeking the construction of four (4) x two (2) bedroom multi dwelling housing development, including basement parking for five (5) cars. A second Pre-DA meeting for the site was held with Council on 5 February 2015, seeking the demolition of the existing single storey Boarding House and construction of a new two storey Boarding House (with attic level) comprising ten (10) rooms with ground floor communal kitchen, living and dining areas. It is noted that this preliminary design formed the basis for the subject application as it was originally submitted. Compliance History Council records detail a history of noise complaints related to the operation of the existing premises which have been responded to by Council‟s Compliance Officers. Generally however, the majority of complaints arising from the premises has been handled by the police (refer to their comments below in the Referral Section of the report). Note also, the Police comment regarding how the area could benefit from the demolition of the subject premises. The premises has been inspected by Council‟s Boarding House coordinator and a number of minor upgrades requested to keep the premises in line with the minimum standards is also noted on file. Given the age of the facility, there is no recognised or enforceable management plan the premises is operating under. With the demolition and reconstruction of the new premises, a proper management plan can be implemented for a new facility and the appropriate compliance action can be undertaken to regulate the ongoing operation of the new premises. Subject Application Relevant to assessment of the subject application the following dates are noted: 1 May 2015 The subject development application was lodged.

15 May 2015 –

29 May 2015

Application notified to adjoining properties and Holtermann/Registry Precinct. Referral to Council‟s Community, Heritage, Traffic, Development Engineer and Building Surveyors made. External referral made to NSW Harbourside Local Area Command Police Department.

23 July 2015 Detailed issues letter sent to applicant: Applicant advised of the unsuitability of the current proposal Lack of parking required under the provisions of SEPP (ARH)

2009.Applicant advised provision of new vehicular crossover is not feasible given proximity to West/Ernest Street intersection. SEPP No. 1 required to overcome lack of parking on site.

Heritage issues requesting amended plans to increase setback, front fence details and relocation of the bin store area.

Stormwater Engineer requested concept stormwater plan. Community Development Officer requested a relocation

plan/strategy for relocation of the existing disadvantaged residents.


Front balconies requested to be deleted due to heritage impacts Loft mezzanine study area within roof space to be deleted. Concern raised over general bulk and scale and solar impact

arising out of the proposal. Up to date survey plan requested.

8 September 2015 7 Day reminder letter sent to the applicant requesting the submission of

all outstanding information.

15 September 2015 Amended plans and information submitted by the applicant. This proposal deleted the loft study areas, front balconies and reduce the total number of room to 10 rooms. Motor cycle and bicycle parking was proposed to the northern elevation of the building as well as a reduced size vehicular crossover for motorcycles only.

12 October 2015 Further letter sent to applicant advising proposed vehicular crossing could not be supported and request deletion of the crossing and associated motorcycle parking and submission of a SEPP NO. 1 variation to SEPP (ARH) 2009 development standard for parking.

Further refinement to heritage issues requested including front fence details, side front fence heights to be reduced and relocation of bin storage area.

Cover letter advises Link Housing to be engaged to oversee resident relocation program for construction. Documentation is requested by Council to confirm that Link has been engaged and undertake the resident relocation program.

Revised BASIX requested Updated survey requested Re notification plans requested.

26 October 2015

Amended plans and information received. Vehicular crossing deleted from proposal, SEPP No.1 received, proposal from Link Housing for relocation and management of premises, survey plan and further amendments to the proposal made.

30 October 2015 –

13 November 2015

Notification of amended plans undertaken to adjoining properties and Holtermann/Registry Precinct.

REFERRALS Building The proposal was referred to Council‟s Building Surveyor who has reviewed the submitted BCA report and advised as follows:

“The proposed works: Demolish existing boarding house & construct new generation boarding house.

Classified as Class 3 in accordance with the Building Code of Australia. The application is able to

comply with the BCA. No objections are raised to the proposal.”


Planning Comment: The comments from the Building Surveyor are noted and this requirement is included as a condition in the recommended conditions of development consent attached to this report. Heritage The proposal as originally submitted was referred to Council‟s Heritage Planner who made the following comments regarding the development:

“The subject property is not a heritage item and is not located in a conservation

area. It however, adjoins a heritage listed dwelling located at 169 West St, a single

storey Victorian dwelling, as well as being opposite the Holtermann Estate B

Conservation Area.

No objection is raised to the demolition of the highly modified Victorian dwelling,

however, the proposed replacement building raises some heritage issues with respect

to its relationship to the adjacent heritage item.

The front setback of the proposed building has crept further forward from the

existing dwelling and will visually compete with the adjacent heritage item,

obscuring views of the heritage item and its visual curtilage. It is recommended that

the whole front setback be pulled back towards the east 1.5 m such that the bay on

the heritage item is visually more dominant.

Clarification is also required regarding the height of the front boundary fence,

however, this may be resolved by condition. The garbage bin storage area has a wall

height of 1.5 m (scaled from the drawings) which will detract from the streetscape

presentation of the proposed boarding house and the heritage item. The bins could

be relocated to the motorcycle parking area if it is deleted.

The following conditions are recommended subject to the resolution of the above

setback issue:

Front Boundary Fence

Front boundary fence to have an open construction and a maximum height of 900

mm. (Reason: To retain an open streetscape with a garden setting)

Garbage Bin Storage (if not relocated)

Masonry wall for the garbage bin storage to have a maximum height of 1.1 m.

(Reason: To retain an open streetscape with a garden setting)”

The issues as raised were included in Council‟s issues letter dated 23 July 2015. Following submission of the amended plans on 15 September 2015, the proposal was re referred back to the Heritage Planner for further comment. The following comments were provided by the Heritage Planner regarding the amended plans:


“I have reviewed the amended plans and note that the front setback has been

adequately amended such that the proposed building will be set behind the bay of the

adjacent heritage item located at 169 West St.

The proposed front fence is documented to be 1.2 m in height however a maximum of

900 mm is preferable to be sympathetic to the heritage item. The side fence should

also step down from 1.8m height to 900 mm at the front building line to ensure that

the visual curtilage of the heritage item is retained.

It is not clear where the bin storage is to occur. Previously it was suggested that it be

relocated to the bicycle storage area. It is not indicated on the submitted drawings

and will have a negative impact upon the heritage item if located adjacent to the

heritage item.

It is therefore recommended that the following amendments be made such that Clause

5.10 of NSLEP 2013 and Part B Section 13.4 of NSDCP 2013 are satisfied:

- Front fence to be a maximum of 900 mm height. Side boundary fences to step from

1.8 m in height to 900 mm height at the front building line.

- Garbage bin storage area to be noted on the drawings and to located away from the

front boundary fence and from the boundary with the heritage item at 169 West St.” The further matters were included in Council‟s letter dated 12 October 2015. Following submission of the amended plans on 26 October 2015 the proposal was re referred back to the Heritage Planner for further comment. The following comments were provided by the Heritage Planner regarding the amended plans:

“The applicant has considered and responded to the initial heritage issues regarding

the height of front and side boundary fences as well as the provision of a garbage

store away from the front setback. The labelling on the drawings concerning the

fence height on the side boundaries however, is not clear as it is not dimensioned. A

condition below is therefore recommended. The proposed exterior colour scheme,

palette of materials, building setback and form are considered to be satisfactory

Subject to the application of the following condition, the proposal is therefore

considered to be compliant NSDCP 2013 Part B Section 13.4 Development in the

Vicinity of Heritage Items.

Side Boundary Fences

Side boundary fences to be a maximum of 900 mm height from the front building line

to the front boundary.

(Reason: To retain the character of the streetscape and to retain views of the heritage

item from the footpath)”

Planning Comment: The comments are noted, with particular regard for the suitability of the most recently amended plans from a built form and heritage stand point.


Engineering/Stormwater Drainage The development (as originally submitted and amended) has been reviewed by Council‟s Development Engineer. Council‟s Development Engineer raised concern with the proposed reduced size vehicular crossover to provide for motorcycle access into the site from the street. The concern related to the size of the proposed crossing which could cause confusion for pedestrians who may mistake the vehicular crossing for a pedestrian crossing. The Development Engineer was advised by the Assessment officer that the crossing was not supported and would be pursuing deletion of the crossing. The Development Engineer was accordingly requested to review the proposal from a stormwater perspective only. Conditions were provided for the stormwater component of the development by the Engineer on 8 October 2015. As noted under the “relevant history” section of the report, the motorcycle vehicular crossing has been removed from the proposal in the 26 October 2015 amended plans. Accordingly, the proposal can be considered acceptable from a Development Engineering perspective subject to the condition s as recommended. Engineering/Traffic The development (as originally submitted and amended) has been reviewed by Council‟s Traffic Engineer. Similar to Council‟s Development Engineer, the Traffic Engineer also raised concern with the proposed reduced size vehicular crossover which could cause confusion for pedestrians who may mistake the vehicular crossing for a pedestrian crossing. The Development Engineer was advised that the crossing was not supported and would be pursuing deletion of the crossing. As noted under the “relevant history” section of the report, the vehicular crossing was removed from the proposal in the 26 October 2015 amended plans and as there was no other motorised transportation options being proposed for the site, no further referral back to the Traffic Engineer was required. Issues arising from traffic and transport generation needs are addressed in greater detail below. Landscaping Officer

Council‟s Landscaping Officer has reviewed the plans and proposal to remove the four trees from the site (The pine tree in the front and three other trees in the rear yard). The Landscape Officer supports the removal of the trees within the site and has recommended conditions to provide protection for the street tree to be retained. Whilst no general objection is raised to the Landscape Plan as submitted, The Landscaping Officer notes the only Landscape Plan associated with the Development Application relates to the proposal as originally submitted. Accordingly, as the proposal is being recommended to be approved subject to deferred commencement (refer to the Community Services Officer Referral comments below), it can be included to provide an updated landscaping plan in the Deferred Commencement condition of development consent included in the recommendation of this report. Community Services Officer

The original application was referred to the Community Services Officer and the following comments were received.


The proposal

The proposal is to demolish an existing single storey 7 room Boarding House and

erect a two storey 11 Room Boarding House (with two accessible rooms). The

proposal will require the displacement of all current lodgers (7), one of whom is

unemployed.

Community Need

Boarding houses are a traditionally reliable source of affordable accommodation: of

an official 66 Boarding houses in 1998 in North Sydney, a study showed only 48 were

actually still operating. A 2011 survey has shown only 26 remain.

At the time of the 2011 ABS Census of Population and Housing, there were estimated

to be approximately 7,300 very low and low income households in North Sydney LGA

(comprising approximately 25% of households in the LGA). It is estimated that

approximately 3,300 (approximately 45%) of these households were in housing

stress, either due to rental or home purchase. It is estimated that 28% of very low

and low income households in North Sydney LGA were in severe housing stress,

while 17% were in moderate stress. A growth in the number of Boarding House

rooms as a result of this Development Application is beneficial and supported

(emphasis added) by Community Development

ARHSEPP 2009:

Description of rooms and number of lodgers There are 11 boarding rooms (4 single and 7 doubles) catering for a maximum of 18

lodgers.

Sizes of Rooms

All rooms comply with the SEPP (12sqm for single room and 16 sq m for double

rooms excluding any area used for the purposes of private kitchen or bathroom

facilities. Maximum size is 25sqm [ARHSEPP 2009]). The proposal complies.

Access An access report is provided with the application which confirms the application

complies

Common Room and Kitchen ARHSEPP 2009 requires a common room for Boarding Houses with 5 or more

rooms and has no minimum area for kitchen. The Application complies.

Management Office ARHSEPP 2009 does not require an office and on site manager if less than 20

lodgers are provided for; nevertheless an office is provided.


Private Open Space ARHSEPP 2009 requires one area of at least 20 square metres with a minimum

dimension of 3 metres is provided for the use of the lodgers, but specifically excludes

the front set back area, and an additional 8sqm adjacent to any manager‟s office.

The application provides private open space of 103sqm.

Parking Although this is a non compliance given other features of the proposal this is not

considered a reason for refusal.

Management Plan A Management Plan is provided.

Assessment against Council’s Resident Relocation Plan: with regard to the proposal on pages 15 – 17 of the SEE

(a) Minimum 12 weeks‟ notice to vacate to residents; notice to provide full

details of support mechanisms, including professional assistance to those

determined to require it. COMPLIES (b) Needs assessment to be carried out by a qualified social worker to establish

if there are any vulnerable, at risk tenants who will require additional

support to transition to alternative accommodation (Assuming a vulnerable

tenant(s) are identified, the social worker be engaged to provide one on one

assistance to the tenant(s) in securing new accommodation inclusive of

liaising with relevant agencies); social worker to be engaged 5 working

days prior to notice being given (to allow them to commence work on the

day that notice is advertised). DOES NOT COMPLY

(c) Application of the Plan to all residents who apply, with provision of

assistance based on individual needs as assessed; COMPLIES (d) Liaison with the Department of Housing (Dee Why office) and LINK

Housing Lower North Shore in support of residents experiencing difficulties

in relocating, and use of a social worker to provide or coordinate such

assistance; DOES NOT COMPLY (e) Liaison between the social worker and the NSW Tenants Advice and

Advocacy Service to provide assistance to residents for whom the first

language is not English; NOT KNOWN IF COMPLIES

(f) Information to residents, including lists of comparable accommodation, and

assistance in negotiations with real estate agents where reasonably

possible, and supportive references; COMPLIES


(g) Practical assistance to be given to those residents who have been assessed

as not requiring any support from other agencies to manage but who may

require practical assistance such as transport, bond assistance, and the

like; DOES NOT COMPLY (COMPLIES BUT ONLY FOR UNIT 1) (h) Payment of removal costs and bonds for new accommodation and the first

months‟ rent for vulnerable tenants, may be waived if costs for Social

Worker exceed $5,000 DOES NOT COMPLY (i) Commencement, interim progress, and completion dates for implementation

of the Plan, in relation to estimated site preparation or construction start

date; NEEDS TO BE CONDITIONED (j) Advising Council‟s Community Development Department of

commencement, interim progress, and final advice on the implementation of

the Plan. NEEDS TO BE CONDITIONED

(Reason: To ensure orderly, timely and effective relocation of residents to

alternative and suitable accommodation)

It is noted that existing residents will be given “first priority to occupy rooms in the

new building after construction.” (page 17)

Recommendations:

1. THAT the Resident Relocation Plan be submitted as a standalone document for

Council‟s Community Development Department to review

2. THAT the estimated date for completion of the works be incorporated in the

Relocation plan to enable existing residents to manage temporary leases and

take up the offer to return if that is their wish

3. THAT the estimated tariffs for the New Generation Boarding House be

included in the Relocation Plan

4. THAT the applicant engage a Social Worker to survey the residents (with

regard to Language, and any needs that will be generated by having their

tenancies terminated) by contacting the Australian Association of Social

Workers or appropriate employment agency Planning Comment: The comments provide are based on the originally submitted proposal. Please note the general support for the proposal by the Community Services Officer. Whilst alteration has been made to the proposed room sizes and lodger numbers the revised rooms are compliant with the provisions of SEPP (ARH) 2009 (Refer to Compliance assessment table later in the report). The outstanding concern from the Community Services Officer is the resident relocation plan to address the displacement of the existing residents and potential relocating of them in the new facility. The information has been requested by the applicant in this regard who has advised they intend to engage Link Housing to manage the facility. Link Housing is a not for profit organisation who specialise in the provision of affordable and low cost housing to people on low to moderate incomes on the lower north shore. Link Housing also manage a number of Council owned boarding house facilities on Council‟s behalf.


At the time of writing this report the Management Proposal from Link Housing has been received however, is not an executed document. Accordingly, given the general support of the proposal by the Community Services Officer it is considered appropriate in the circumstances that the development be recommended for approval subject to a deferred commencement condition to ensure that an appropriate relocation plan and finalised management plan be submitted, reviewed and endorsed by the Community Services Officer before operational consent is granted. This deferred commencement condition has been reviewed by the Community Services Officer who is supportive of this approach to allow for further review. Accordingly, subject to this requirement, it is considered that the proposal is suitable in this regard.

External Referrals

NSW Police Service The proposal was referred to the Harbourside Local Area Command (HLAC) who made the following comments regarding the proposal:

“This area would benefit greatly with the demolition of the current boarding house at

171 West Street. The address is currently well known to local police and is known to

house people with a long criminal history. The people that this accommodation often

attracts seem to be that of a criminal nature.

The fact that there is an increase in bedrooms and that the area could possibly have

3 of these accommodation types within 1km of each other may increase the criminal

activity and police response in the local area.

lf the proposal was to be approved I would recommend that a good quality CCTV

system be installed along with good external lighting. The introduction of good

record keeping such as boarder's personal details and access is highly recommended.

Management should be aware of who is coming and going from the address and

report any suspicious activity to local police.” Planning Comment: The provision of CCTV and appropriate management practices being implemented on the premises, can be incorporated into any consent notice as conditions of development consent. The proposal will continue to contribute to a wide range of housing choices being available in the locality. SUBMISSIONS The owners of adjoining properties and the Registry/Holtermann Precinct were notified of the proposed development for a 14 day period, between 15 May 2015 to 29 May 2015 pursuant to Part A Section 4 of the North Sydney Development Control Plan 2013. During this period Council received twelve (12) submissions, with concerns outlined below. This includes submissions received outside of the notification period prior to the second notification of the amended proposal.

Amended Plans

The applicant submitted amended plans on 26 October 2015 in response to Council‟s Issues letter dated 12 October 2015. The owners of adjoining properties and the Registry/Holtermann Precinct were notified of the amended development from 30 October – 13 November 2015. The second notification resulted in nine (9) additional submissions (six (6) being from previous submitters).


The issues raised in the submissions are summarised as follows:

Height, Bulk and Scale of proposed Boarding House;

Inconsistent with streetscape character; the site on the eastern side of West street should

be part of the Holtermann Estate Special Character Area.

Loss of solar access to surrounding properties;

Intensity of existing use too much for the local area.

Loss of amenity to surrounding properties;

Poor condition of existing facility and standards of maintenance for proposed building;

Poor management of existing property and potential for poor management of proposed

building and operation;

Loss of heritage significance to adjoining heritage Item and surrounding conservation

Area;

Increase in traffic and associated impacts;

No provision for car parking;

Provision of motorcycle parking without vehicle crossover;

Noise and disturbance generated from premises, including existing boarding house

premises and circumstances and potential for increased patronage and intensity of

impact from proposed boarding house;

Current circumstances and operational procedures not reflected in proposed

documentation – ability of owner to fulfil requirements as stated in submitted

documentation;

Provision of attic spaces unreasonable given scale and nature of use; Use of Attic space;

Insufficient Plan of Management;

Inconsistency with objectives of the Zone;

Relocation procedures for existing boarding house residents during construction;

Standard of residents for new premises;

Site suitability;

No acoustic report submitted;

BCA compliance (light and ventilation);

Scale and perimeter of notification of application;

Safety and Security

General “Poor”, “appalling”, “unlawful” behaviour, including “incidents”, “police

visits”, “vulgar” and “most appalling language at unbelievable volume”;

Incident registers submitted by two of the submitters covering September period.

Any approval or consent issued by North Sydney Council would “condone future anti

social behaviour”;

Pets within boarding house;

Provision for, and maintenance of landscaping at the site;

Fire Safety of Existing and Proposed premises;

„Transient residents‟ no not contribute to „community character‟;

Unsympathetic design;

Stormwater Management;

No provision of on site manager. CONSIDERATION

The relevant matters for consideration under Section 79C of the Environmental Planning and

Assessment Act 1979, are assessed under the following headings:


SEPP (AFFORDABLE RENTAL HOUSING) 2009 Division 3 of SEPP (Affordable Rental Housing) 2009 applies to boarding houses and pursuant to Clause 26 of the SEPP, permits boarding houses with development consent in the R3 Medium Density Residential zone. The following compliance table details the proposals compliance with the relevant development standards applicable to the development as per Division 3 of the SEPP:

SEPP (AFFORDABLE HOUSING) 2009

Complies Comment Clause 26 – Land to which

the division applies -

Equivalent to zone R4 Medium Density Residential

Yes Site is appropriately zoned R3 Medium Density Residential under NSLEP 2013.

Clause 27 – Development

to which this division

applies - Does not apply to development on land within Zone R2 Low Density Residential or an equivalent zone

Yes R3 Medium Density Residential under NSLEP 2013

Clause 28 - Development

may be carried out with

consent

Yes The proposal seeks development of a Boarding House within the R3 Medium Density Residential Zone however requires development consent.

Clause 29 - Standards that cannot be used to refuse consent

Clause 29(1) Floor Space

Ratio; If the proposal does

not exceed the maximum FSR

for any form of residential

accommodation permitted on

the land;

Yes NSLEP 2013 does not set a maximum FSR for residential premises and as such the proposal is acceptable in this regard.

Clause 29(2)(a) Building

Height; If the proposed

building is not more than the

maximum building height

permitted under another EPI

for any building on the land.

Yes The proposal as amended proposes a maximum building height of 7.1 m at the West Street elevation, and therefore complies with Clause 4.3(2) of the North Sydney Local Environmental Plan 2013 which provides a maximum height limit of 8.5m for the site. As such the proposal is compliant with respect to Clause 29(2)(a) of the SEPP.

Clause 29(2)(b) Landscaped

Area; If the landscape

treatment of the front setback

area is compatible with the

streetscape in which the

building is located.

Yes The proposal includes a front setback area to be landscaped with grass, shrubs and trees and will be compatible with the streetscape in which the building is located. It is noted the application has been referred to Council‟s Landscape Officer, who responded in support of the application. As such the proposal is compliant with respect to Clause 29(2)(b) of the SEPP.

Clause 29(2)(c) Solar

Access; If, where the

development provides for one

or more communal living

rooms, at least one of the

rooms receives a minimum of

3 hours direct sunlight

between 9am and 3pm at

midwinter.

Yes The proposal includes provision for a ground floor communal living area located to the rear eastern end of the building which will receive in excess of 3 hours of solar access between 9:00am and 12:00pm at midwinter (i.e in the morning). As such the proposal is compliant with respect to Clause 29(2)(c) of the SEPP. A plan of management is required to outline the appropriate use of open space. The POM is be updated as required by the recommended deferred commencement condition of development consent.

Clause 29(2)(d) Private

Open Space;

If at least one x 20m2 area

Yes The proposal as amended includes areas of private open space within the rear setback in excess of minimum requirements of 20sqm in area (93.5 sqm) and 3.0m (8.53m) in width respectively, as indicated on the submitted Site


(minimum dimension 3m) of

communal space is provided

for the use of lodgers (not in

the front setback area)

If at least 8m2 of private open

space (minimum dimension

2.5m) is provided for the use

of the manager.

Plan. As such the proposal is compliant with respect to Clause 29(2)(d)(i) of the SEPP.

Having regard to requirement (d)(ii) of this clause, it is noted the proposal does not require, or include provision for, an on-site boarding house manager, and therefore does not apply to this provision.

Clause 29(2)(e) parking; If,

in an accessible area, at least

0.2 parking spaces is

provided for each boarding

room

If not more than 1 parking

space is provided for each

person employed in

connection with the

development who is resident

on the site.

NO The site is identified as within an „accessible area‟ as it is within “400

metres walking distance of a bus stop used by a regular bus service (within

the meaning of the Passenger Transport Act 1990) that has at least one bus

per hour servicing the bus stop between 06.00 and 21.00 each day from

Monday to Friday (both days inclusive) and between 08.00 and 18.00 on

each Saturday and Sunday.”, pursuant to Clause (4)(1)(c) of the SEPP (ARH) 2009. It is noted the site is within 400m of major service routes along West, Ernest and Falcon St/Military Road. Having regard to the above, the proposal (as amended) does not include provision for any motor vehicle or motor cycle parking, and therefore does not comply with parking requirements for an „accessible area‟ under Clause 29(2)(e)(i) of the SEPP which requires a minimum of “at least 0.2 parking

spaces are provided for each boarding room”. Given the proposal includes provision for 10 boarding rooms, the proposal would require a minimum of 2.0 parking spaces provided on site. The SEPP No.1 objection discussed after this compliance table provides further justification to support the non provision of motorized parking on site. Despite this non-compliance, this variation to parking requirements is supported by Council, given the proximity of the site to the busy West and Ernest Street intersection and the potential for traffic queuing should a crossover be introduced; the heritage significance and streetscape character of the existing sandstone kerb and guttering, as well as lack of any vehicle crossovers within proximity to the site.

Clause 29(f)

accommodation size;

If each boarding room has a

minimum gross floor area

(excluding kitchen or

bathroom) of 12m2 for a

single lodger room or 16m2

for any other room.

A boarding house may have

private kitchens and

bathroom facilities in each

room but is not required to

have them.

Yes A review of submitted plans indicates the following minimum areas for each identified boarding room:

Room No.

No. of Lodgers GFA (excluding any area used for the purposes of private kitchen or bathroom facilities)

Complies

1 One (single Disabled Room)

13.40 sqm Yes

2 One (Single Room) 13.35 sqm Yes 3 One (Single Room) 12.00 sqm Yes 4 One (Single Room) 12.00 sqm Yes 5 Two (Double

Room) 17.44 sqm Yes

6 One (Single Room) 12.01 sqm Yes 7 Two (Double

Room) 17.44 sqm Yes

8 One (Single Room) 12.01 sqm Yes 9 Two (Double

Room) 16.53 sqm Yes

10 Two (Double Room)

16.53 sqm Yes

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1990%20AND%20no%3D39&nohits=y


Each room provide for kitchenette facilities and ensuite bathrooms. Having regard to the above table the proposal is compliant with respect to Clause 29(2)(f) of the SEPP.

CLAUSE 30 - STANDARDS FOR BOARDING HOUSES –

Clause 30(1)(a); if a

boarding house has 5 or

more boarding rooms, at

least one communal living

room will be provided

Yes The proposal provides a ground floor communal living area located to the rear north eastern corner of the building and therefore complies with this clause.

Clause 30(1)(b); no

boarding room will have a

gross floor area (excluding

any area used for the

purposes of private kitchen

or bathroom facilities) of

more than 25 square metres

Yes No room is proposed to have an area greater than 25sqm.

Clause 30(1)(c); no

boarding room will be

occupied by more than 2

adult lodgers

Yes The proposal includes provision for a number of double (i.e. Two occupant) rooms. Should the application be approved, this requirement shall be reinforced through imposition of appropriate conditions.

Clause 30(1)(d); adequate

bathroom and kitchen

facilities will be available

within the boarding house

for the use of each lodger

Yes The proposal includes provision for ensuite and kitchen facilities within each tenancy and therefore complies with this clause.

Clause 30 (1)(e); if the

boarding house has capacity

to accommodate 20 or more

lodgers, a boarding room or

on site dwelling will be

provided for a boarding

house manager

Yes

The proposal includes provision for ten (10) boarding rooms, to provide for a maximum of fourteen (14) lodgers and therefore does not require a boarding room or dwelling for on site management persons. A management proposal has been submitted by the applicant however it is considered appropriate in the circumstances to ensure the quality management of the premises and relocation of the existing tenants to require a further relocation management plan and finalized management plan to be submitted, reviewed and endorsed by Council‟s Community Services Officer as a deferred commencement requirement prior to the issuing of operational consent. Subject to this deferred commencement requirement, the proposal can be supported in this regard.

Clause 30 (1)(f); Repealed Clause 30 (1)(g) if the

boarding house is on land

zoned primarily for

commercial purposes, no

part of the ground floor of

the boarding house that

fronts a street will be used

for residential purposes

unless another

environmental planning

instrument permits such a

use

N/A The proposal is located on land wholly zoned R3 Medium Density Residential pursuant to the NSLEP2013 and therefore does not apply to this clause

Clause 30(1)(h) at least one

parking space will be

provided for a bicycle, and

one will be provided for a

motorcycle, for every 5

boarding rooms

Part Compliance

An alcove is provided on the northern elevation of the building to support 8 bicycles and exceeds the requirements as per this clause. Pursuant to this clause 2 motorcycles spaces would be required on site. It had been proposed to incorporate motorcycle parking at the premises however due to the issues associated with providing a vehicular crossover to the site motorcycle parking could not be properly accommodated on site. Accordingly, the subject proposal does not provide motorcycle parking on site. A Clause 4.6 Request for Variation to the development standard has


been lodged to enable the NSIPP Panel to consider a variation to the development standard and is provided after this assessment table. A condition is recommended to require the provision of onsite bicycle parking to be provided.

Clause 30(A) Character of

Local Area; A consent

authority must not consent to

development to which this

Division applies unless it has

taken into consideration

whether the design of the

development is compatible

with the character of the

local area

Yes The proposed built form is a two storey building with a consistent height and scale with its adjoining dwellings. With particular regard to the identified Heritage significance of the adjoining dwelling at 169 West Street, Crows Nest, Council‟s Heritage planner has reviewed the originally submitted and subject amended proposal and generally supports the proposed built form. Additionally, the site is appropriately zoned R3 for Medium density Development with examples of medium density development being located in near vicinity. Accordingly, the proposal in its current form and subject to conditions to ensure its constructed built form is built with materials sympathetic to the adjoining dwellings, is considered to be compatible with the character of the local area.

Clause 4.6 Request for Variation to Development Standard Clause 30(1)(h)

A Clause 4.6 objection has been provided in support of the proposed variation to the motorcycle parking provision control contained in clause 30(h) of SEPP (Affordable Rental Housing), the arguments for which are summarized following:

Satisfies the aims of the policy The site is in close proximity to public transport The site is in close proximity to shops and facilities The minimization of parking provision is supported by the objectives of the DCP The provision of a motorcycle space would diminish other facilities onsite

It is also noted that a significantly higher provision for bicycle storage is provided than is required by the provisions of SEPP (Affordable Rental Housing). Further the location of the site in proximity to public transport and shops and services will reduce the reliance of boarders upon private means of transportation. It is therefore considered that it is unnecessary to require the provision of a motorcycle parking on site the requirement to do so would be unreasonable. As such the clause 4.6 Request for Variation is recommended for support in this instance. SEPP 55 and Contaminated Land Management Issues

The provisions of SEPP 55 require Council to consider the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site. Given the community/residential history of the site, it is unlikely to be any issues of soil contamination that would require remediation. SREP (Sydney Harbour Catchment) 2005

The site falls within the Sydney Harbour Catchment Area and is subject to the provisions of the Policy. Clause 25 of the SREP outlines matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways. The development is not visible from the Harbour, and will thus not have any detrimental impact on the character or scenic quality of foreshores and waterways.


NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2013

Permissibility The site is zoned R3 Medium Density Residential under the provisions of the North Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purpose of demolition of the existing premises and construction of a new boarding house is permissible with the consent of Council. Demolition is permissible with consent pursuant to clause 2.7 of NSLEP 2013. Zone Objectives The objectives of the R3 zone are as follows:

To provide for the housing needs of the community within a medium density residential

environment.

To provide a variety of housing types within a medium density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs

of residents.

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

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

heritage of the area.

To provide for a suitable visual transition between high density residential areas and

lower density residential areas.

To ensure that a high level of residential amenity is achieved and maintained.

The proposed boarding house will provide for the housing needs of lower income persons within the community and the design is appropriate to a medium density residential environment. The provision of a boarding house will increase the choice of housing types in the area, particularly for low income households. The provision of a boarding house is a form of medium density housing and the design will not result in any detrimental impacts upon heritage items in the vicinity of the site. The scale of the proposed boarding house is appropriate for the locality. The boarding house, as amended, will afford a high level of residential amenity for its future lodgers. The amenity of adjoining properties is maintained with the amended proposal, reducing the shadow impact upon No. 169 West Street and ensuring appropriate amelioration of potential privacy impacts. The proposal will have no detrimental impact upon views from adjoining or nearby properties. NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area – 422.6m² Proposed Control Complies

Clause 4.3 – Heights of Building

7.1 m (at Street Elevation) 8.5m YES

Clause 4.3 – Height of Buildings

The proposal including a maximum building height of 7.1 m at the West Street elevation, and therefore complies with Clause 4.3(2) of the North Sydney Local Environmental Plan 2013 which provides a maximum height limit of 8.5m for the site.


Clause 4.6 – Exceptions to Development Standards

The proposal does not seek any variation or exceptions to Development Standards within the North Sydney Local Environmental Plan 2013. Clause 5.10 – Heritage Conservation

The site is not identified as being a heritage nor contributory item, however is located adjacent to an existing heritage dwelling (Item I0177) immediately to the south of the site at 169 West Street, Crows Nest. The site is also borders the Holtermann Estate B Conservation area, immediately to the west of the site, of which West Street itself is the boundary. The proposal has been referred to Council‟s Heritage Officers, who responded in support of the proposal subject to the imposition of conditions. Accordingly, the proposal is considered consistent with the provisions of Clause 5.10 of the North Sydney Local Environmental Plan 2013. DEVELOPMENT CONTROL PLAN 2013

The application has been assessed against the relevant controls in DCP 2013. NORTH SYDNEY DEVELOPMENT CONTROL PLAN 2013

The proposal has been assessed against the following relevant sections of NSDCP 2013

Part B Section 4 Boarding Houses

Part B Section 1 Residential Development

Part B Section 10 Car parking

Part B Section 12 Access

Part C Section 4.0 Cammeray Planning Area (Section 4 Anzac Neighbourhood)

The proposed development exhibits significant breaches to the controls as set out under this table. More Detailed comments are provided throughout the following DCP 2013 Compliance Table. Boarding Houses

The provisions of Part B Section 4 Boarding Houses has been considered in the following compliance table:

DEVELOPMENT CONTROL PLAN 2013

complies Comments 4. BOARDING HOUSES

4.2 Internal building design P1 Common living areas Yes The proposal provides for one (1) communal living room on

the ground floor of the proposed building. P2 Provide one communal living

room on each storey Yes The primary common living room is located on the ground

floor. An ancillary sitting area is provided on the main stair landing with adjoining bookshelf.

P3 Minimum 15m2

with an

additional 1m2 per lodger over 6.

Yes The proposal contains a 37.6 m2 living area at ground level The total facility is accordingly compliant in this requirement.


P4 Indoor common rooms should

be located:

On the ground floor near

frequently used spaces

Directly adjacent to common

outdoor areas

At least one receives more

than 3 hours sunlight in

winter solstice

Yes The ground floor common room is located adjacent to an outdoor space on the eastern side of the building and receives the required amount of sun in the morning.

P5 Internal doors to common

living areas are glazed N/A There is no internal separating door to the main communal

living room separating it from the rest of the facility. P6 Size of boarding rooms

(a) Minimum area of 12m2 for

single lodger and 16m2 in

any other case

(b) Not exceed 25m2

(c) Not provide

accommodation for more

than 2 lodgers

Yes All rooms meet minimum standards for size versus number of occupants without exceeding the maximum limit.

P7 Each room to accommodate

more than one function

Yes Built in Wardrobes provided to all rooms and studies proposed to most rooms.

P8 Bedrooms have access to light

and ventilation

Yes All rooms have an operable external window.

P9 Windows must have a

minimum area of 10% of floor

area of room

Yes Primary windows will achieve this requirement.

P10 Adequate storage facilities

within bedrooms

Yes Wardrobe for storage has been provided in each boarding room

P11 Shared facilities Yes Kitchen meets minimum area requirements and is part of the combined communal living room which exceeds 27 m2. Bath / toilet proposed to each room and a separate toilet provided on ground floor.

P12 A meal service may be

provided

N/A None proposed. Suggested requirement.

P13 Kitchen facilities Yes No impediment to access at any time of the day. Each room is provided with kitchenette facilities.

P14 One washing machine and

one washing tub for every 10

lodgers

Yes Common Laundry provided on ground floor with outdoor drying area provided at the rear outdoor common area.

P15 One electric clothes dryer or

20 m of external clothes line for

every 10 lodgers

Yes 2 X External clothes drying area proposed.

P16 No more than 8 boarding

rooms can share a stairway,

corridor or deck

Yes Four (4) rooms on ground floor, six (6) rooms to first floor.

P17 Internal circulation areas are

to be designed to enhance choices

about privacy and interaction

Yes Given the limited size of the boarding house, reasonable internal privacy can be maintained. Each room is wholly self-contained and a variety of outside of room spaces are provided.

P18 Every boarding house is to be

provided with a management

office

No No management office has been proposed. This is considered acceptable in the circumstances as the total potential capacity is less than 20 lodgers (refer to P20 below)

P19 Offices must be located at a

central, visible point

Yes An office desk of provided at the front of the premises.

P20 Where more than 20 lodgers,

a boarding room or on-site

dwelling is to be provided for a

boarding house manager

N/A The proposal includes provision for ten (10) boarding rooms, to provide for a maximum of fourteen (14) lodgers and therefore does not require a boarding room or dwelling for on site management persons.


A management proposal has been submitted by the applicant however it is considered appropriate in the circumstances to ensure the quality management of the premises and relocation of the existing tenants to require a further relocation management plan and finalized management plan to be submitted, reviewed and endorsed by Council‟s Community Services Officer as a deferred commencement requirement prior to the issuing of operational consent. Subject to this deferred commencement requirement, the proposal can be supported in this regard.

P21 Areas adjacent to lobbies are

visible from the outside to the

inside

Yes Primary entry from the street visible from West Street.

P22 Communal and common

areas are well lit and provide

clear sight lines.

Yes There will be lighting to common areas and common room is in direct line of site from the entry foyer.

P23 Provide a secure point for

mail deliveries

Yes Mailbox provided at front West Street elevation of the building on plans.

P24 Fire safety provisions of BCA Yes Council‟s building surveyor has advised there is no impediment to the proposal complying with the BCA. A condition is included in the recommendation of this report to require compliance with the building code of Australia.

P25 Exit door from lobby must

never be locked

Yes Secondary concealed lobby (accessed from southern side of the building) can be kept open.

P26 Access in accordance with the

provisions contained in Part B

Section 12 - Access

Yes A single disabled rooms is provided to the ground floor and separate accessible toilet. Common room and other facilities are all available on the ground floor. At grade access is possible. The proposal is compliant in this regard.

4.3 Landscaped Area P1 Use fencing, screen planting

and structures to define the

landscaped area

Yes Landscaping plan submitted. Acceptable screen planting proposed. Plan requires updating to reflect the current floor layout of the amended proposal but the development is otherwise generally acceptable in this regard.

P2 Set aside area immediately

adjacent to the main circulation

route, rear entry or ground floor

common living or activity areas,

as landscaped area for the

lodgers

Yes Eastern rear yard provided. Rear yard exceeds 90 sqm.

P3 Use screen planting and trees

to block views of landscaped

area from public places and

views to and from nearby

properties.

Yes Border planting proposed to eastern and southern boundaries of the rear yard to assist in noise attenuation.

P4 Use screening to provide

visual privacy for private space

Yes Low to medium sized plantings proposed where adjacent to larger windows. Small Japanese Maple Trees to screen front.

P5 Provide at least one

communal private open space

area with a minimum are of

20m2 and a minimum dimension

of 3. The minimum area must

increase by at least 5m2 for

every 10 lodgers. This area must

not be located within the front

setback

Yes Eastern rear yard complies of at least 90 m2 of unobstructed communal area.

P6 Minimum 8m2 of private

open space for one-site manager

directly adjacent to the dwelling

N/A No Managers office proposed nor required given the numbers of lodgers proposed.


4.4 Management and registration

Provide a management plan Some deficiencies

The Management Plan as originally submitted generally covers the minimum requirements in this regard, it is the recommendation of this report that approval can be granted subject to deferred commencement to ensure an appropriate resident relocation management plan and finalized management plan be submitted for the consideration, review and endorsement of Council‟s Community Services Officer.

Part B Section 1 Residential Development

The provisions of Part B Section 1 Residential Development has been considered in the following compliance table. This assessment is provided to address the residential amenity controls associated with its built form and not the operational characteristics considered under Part B Section 4 Boarding Houses of DCP 2013:

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development

complies Comments 1.2 Social Amenity Population Mix Yes The proposal will maintain a diversity of accommodation

opportunities in the locality. Maintaining Residential

Accommodation Yes Post redevelopment, the site will increase the availability of

low cost accommodation in the area and would improve the diversity of residential accommodation within the locality.

Affordable Housing Yes The proposal will promote the availability of low cost accommodation in the locality.

1.3 Environmental Criteria Topography Yes No major excavations are required beyond that for footings

to the building. There is no basement proposed or new vehicular crossings.

Views Yes There are no high amenity view currently afforded from the site or adjoining sites. The development, being complaint with the height will generally not impact upon the outlook to sky. The development is acceptable in this regard.

Solar Access Yes The site has east west orientation and is generally unfavourable with regard to preservation of solar access to adjoining premises in the circumstances. The site is zoned R3 medium density residential and as such, it is not unreasonable to anticipate a two storey built form in the locality subject to its 8.5 metre height limit. Additionally, the first floor of the proposed building is set back an additional 3.81 metres from the rear alignment of the ground floor of the property. The overall height of the original proposal has also been reduced due to the removal of the attic/mezzanine to the main building. The primary affected adjoining premises is the residential dwelling at 169 West Street, Crows Nest. This site will receive largely unimpeded solar access to its rear outdoor private open space and rear of the dwelling in the morning between 9:00 am to 12:00 pm on June 21. With the increased front setback provided to the amended proposal the front yard and wall of the dwelling at 169 West Street will received unimpeded solar access from approximately 1:00 pm onwards throughout the remainder of the afternoon.


Generally, there can be no further amendments made to the proposal to improve upon the circumstances as proposed i.e. side and rear setbacks cannot be further increased and height of the building cannot be further reduced without resulting in amenity impacts to the subject building. In the circumstances, the level of solar impact is considered acceptable and the development can be supported in this regard.

Acoustic and Visual Privacy

(Section 1.3.8 and 1.3.10

Respectively)

Yes Side orientated windows to either the northern or southern boundaries have been generally kept to a minimum or where provided are either highlight windows or tall narrow windows as appropriate. Primary windows to rooms are orientated either east or west. As all rooms have alternative windows to the side orientated windows, it is considered appropriate that all first floor northern or southern orientated windows are fixed and opaque /frosted glass materials up to a minimum height of 1.5 metres to ensure privacy is maintained. This requirement is included as a condition of development consent in the recommended conditions attached to this report.

Additionally, in order to ensure there arises no unreasonable overlooking issues from the first floor eastern orientated windows, privacy screens to the northern and southern extents of the pair of windows are recommended to restrict any side viewing from these windows.

Subject to these requirements, it is considered privacy can be reasonably maintained at the premises.

1.4 Quality built form

Context Yes The locality is identified as a conservation area however the proposal has been reviewed by Council‟s Heritage Planner deemed acceptable with regard to the heritage impacts of the proposal. Accordingly, contextually, the development is considered acceptable in this regard.

Streetscape Yes The proposal as amended proposes a low masonry front fence with appropriate landscaping and front setback as to ensure it will not dominate or diminish the heritage significance of the adjoining building at 169 West Street, Crows Nest. No street tree are proposed to be removed as part of the Development. Council‟s Landscaping Officer has recommended conditions of development consent to ensure the street tree is protected during works. Accordingly the development is acceptable in this regard.

Siting Yes The Area Character Statement for Anzac Neighbourhood, contains no noted siting controls. The building will generally align with the established dwelling setbacks and retain a significant backyard area consistent with the siting of the adjoining dwellings. Accordingly, the development is acceptable in this regard.

Setback – Front Yes Setback to front façade is 5.81 metres (4.1 metres to the edge of the front verandah) is consistent with the setbacks of the adjoining dwellings. The building will not dominate the streetscape or detract from the adjacent heritage building.

Setback – Side

Generally (prescribed) 1st storey (up to 4m) – 900mm

2nd storey (up to 7m) – 1.5m

Yes Minimum setback at any point to a side boundary proposed is not less than 1.5 metres. Accordingly, the development is acceptable in this regard.


Setback - Rear Yes There is no rear setback stipulated in the ACS. A minimum of 8.53 metres to the rear wall is proposed. This provides for a substantial outdoor recreation area and clothes drying space for the residents.

Form Massing Scale Yes The proposal is fully complaint with the Building Height controls of NSLEP 2013 and is consistent with the height of the adjoining buildings. The design as amended is considered to be of an appropriate form massing and scale. The development is acceptable in this regard.

Built Form Character Yes The site is not located in a special character area or conservation area. It is the conclusion of the Heritage Planner that the subject proposal as amended will not detract from the significance of the adjoining heritage item.

Dwelling Entry Yes The primary entrance is easily identifiable from West Street. Roofs Yes Pitched roof proposed and will not detract from the adjoining

dwellings. Accordingly, given this consistency with the established dwellings in the area, the development is acceptable in this regard.

Dormers N/A No dormers proposed. Colours and Materials Yes No objection is raised to these proposed materials by Council

s Conservation Planner who has endorsed the October 26 amended colour scheme and recommends it for approval.

Balconies

Yes The proposal as amended has no balconies. The balconies as originally proposed have been removed from the front of the subject proposal pursuant to the design amendments requested form Council‟s Heritage Planner.

Front Fences Yes Front fence is proposed to be 900 mm solid masonry. No objection is raised by the Heritage Planner or assessment officer in this regard.

1.5 Quality Urban Environment

Vehicle Access and Parking N/A No motorised vehicle parking proposed on site. Site Coverage

Site coverage requirements of

detached, attached or semi

detached dwellings:

Lot Size (m2) Site Coverage

230-499 50%

Yes A maximum of 50% site coverage is allowed for proposed dwelling housing. Please note, the development is for a boarding house and site coverage controls are not strictly applicable to the development. Notwithstanding this, the proposed building footprint of the proposal is 184.62 sqm or 43.7% site coverage. The proposal accordingly is fully compliant with Site Coverage requirements.

Landscape Area

Landscape Area requirements for

detached, attached or semi

detached dwellings:

Lot

Size

(m2)

Landscape

(min)

Unbuilt

upon

area

(max)

230-499

30% 20%

Yes A minimum landscaped area of 30% of the site area is required and a maximum unbuilt upon area comprising driveways, paved areas and patios of 20% of the site area is allowed. Please note, the development is for a boarding house and site coverage controls are not strictly applicable to the development. Notwithstanding this, the development proposes 197.9 m2 or 46.8% Landscaped Area and 38.97 m2 or 9.2% Unbuilt Upon Area respectively and is fully compliant with the requirements.

Excavation Yes Subject to the imposition of conditions on any development consent, the excavation required for the proposal is acceptable in the circumstances. See comments provided under NSDCP 2013 Topography for further comment.

Landscaping Yes The proposal will result in improved landscaping scheme on site superior to the existing landscaping on site. The trees proposed to be removed from the site have been endorsed for removal by Council‟s Landscaping Officer.


Front Gardens Yes Subject to the proposal being implemented as per the plans, with the increased front setback, the front garden will contribute to an garden setting for the site.

Private and Communal Open

Space

Yes Complies with Boarding house requirements and exceeds minimum dwelling house requirements. The development is acceptable in this regard.

1.6 Efficient Use of Resources

Energy Efficiency Yes The applicant has provided a BASIX Certificate in support of the development application which requires suite of energy efficiency measures such as: Thermal insulation levels for glazing, walls and ceilings

A condition has been recommended to ensure that the measures contained within the BASIX Certificate are undertaken at all stages of the development process.

Passive Solar Design Yes The development will perform adequately in this regard. Thermal Mass and Insulation Yes As per the BASIX certificate Natural Ventilation Yes The applicant has taken all reasonable measures to provide

adequate natural ventilation to the dwelling. Hot Water Systems N/A Gas instantaneous as required by the BASIX certificate. Water Conservation N/A Water saving shower heads and kitchen fittings required by

the BASIX certificate. Stormwater Management Yes The stormwater design has been review by Council‟s

Development Engineer and is acceptable subject to conditions of development consent. Stormwater can be connected to existing drainage systems in this instance. Standard conditions have been recommended to require necessary sediment erosion control measures to be employed at the site during construction phases.

Green Roofs N/A The development is not specifically proposing a green roof.

AREA CHARACTER STATEMENT - Part C Section 4.0 Cammeray Planning Area (Section 4.3.2 Anzac Neighbourhood) The Anzac Neighbour Character statement contains limited advice in the way of special built form controls. The Desired Future Character statement flags the locality for predominately medium to high density residential development according to zone. Additional increases in density should be focussed on Miller, Falcon and West streets which have good access to public transport. Additionally, pursuant to 4.3.3 Desired Built Form, development should provide gardens to the front setback. The demolition and increased front setback of the building is considered to promote this requirement. Accordingly the development is considered to be in keeping with the desired future character of the locality. Part B Section 12 Access

As noted in the report (refer to SEPP (ARH) 2009 and Part B Section 4 Boarding Houses of NSDCP 2013 assessments) a fully accessible boarding room is provided on the ground floor. The site will also be wheelchair accessible at the ground floor of the premises and all to key facilities being the laundry, communal kitchen and living room are provided at ground floor ensuring equitable access throughout the premises. There are no other facilities proposed to the first floor which would unreasonably disadvantage a less abled person in residing in the premises. Accordingly, the proposal is acceptable in this regard.


Part B Section 10 Carparking

As noted in the report (refer to SEPP (ARH) 2009 and Part B Section 4 Boarding Houses of NSDCP 2013 assessments), the proposal has been specifically amended to remove any motorised vehicle parking on site due to the location and size of the proposed vehicular crossing not being supported by Council Engineers (Development and Traffic). Accordingly, beyond the bicycle parking which the proposal as amended exceeds the requirements of SEPP (ARH) 2009 there is no traffic provided on site. The site enjoys good links to public transport and is identified as an “accessible” site to bus and train services. Accordingly, despite the lack of parking for motorised vehicles on site, the development is supported in this regard. Due to their being no parking, no further consideration is required against this section of the DCP. SECTION 94 CONTRIBUTIONS

The proposal is for demolition of an existing 7 existing bedsit dwellings (rate used for boarding houses) and replacement with a 10 room boarding house and as such the following Section 94 contribution plans are applicable (based on 10 x bedsit dwellings, less credit for 7 x bedsit dwellings).

A B

Administration $257.62 Community Centres $1,169.52 Childcare Facilities $446.22 Library and Local Studies Acquisitions $218.15 Library Premises and Equipment $674.86 Multi Purpose Indoor Sports Facility $184.27 Olympic Pool $600.20 Open Space Acquisitions $7,355.51 Open Space Increased Capacity $14,579.88 North Sydney Public Domain $ - St Leonards Public Domain

Improvements $ - Public Domain Improvements $576.36 Traffic Improvements $707.50

Total $26,770.09 APPLICABLE REGULATIONS

Clause 92 of the EPA Regulation 2000 requires consideration of Australian Standard AS 2601-1991: The demolition of structures. It also requires compliance with this standard by condition of consent should consent be granted. Any demolition will need to be undertaken in strict accordance with AS 2601-1991. This includes the investigation prior to any demolition, and removal of Lead and Asbestos materials. This is regulated by standard conditions of development consent.


Demolition works will need to be undertaken in accordance with prescribed times. It is intended that any noise generated from the site will need to comply with the relevant provisions of the

Protection of Environment Operations Act and the NSW EPA Environmental Noise Manual for the control of construction noise. Approved silencing devices will be required to be provided and maintained on all power operated machinery, as necessary. Any construction works will need to be carried out in accordance with the Building Code of Australia. This is also regulated by standard conditions of development consent. 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 Carparking provision Yes 6. Loading and Servicing facilities NA 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 SUBMITTERS CONCERNS

The following are issues raised (in italics) in the submissions received:

Height, Bulk and Scale of proposed Boarding House;

Planning comment: The subject proposal as amended, is considered to have been sufficiently reduced in height and scale from the development as originally submitted to be supported in the circumstances. The proposal is full compliant with the building height limits and setbacks as required by DCP 2013. The development, as detailed throughout the report is acceptable in this regard.


Inconsistent with streetscape character; the site on the eastern side of West street should

be part of the Holtermann Estate Special Character Area.

Loss of heritage significance to adjoining heritage Item and surrounding conservation

Area;

Unsympathetic design;

Planning comment: The proposal as amended has been reviewed by Council‟s Heritage Planner who has advised the development in its current proposed built form will not unreasonably detract from the adjoining Heritage Item at 169 West Street, Crows Nest. The eastern side of this street is not part of any of the Holtermann Special Character Areas. With regard to established character, the development is considered to be acceptable in this regard.

Loss of solar access to surrounding properties;

Planning comment: The proposal as amended is considered to result in an acceptable level of solar impact. Through the use of front, side and rear setbacks as well as a building height which has been minimised, no further reasonable refinements can be made on the development to gain further solar access improvements. The development is acceptable in this regard.

Intensity of existing use too much for the local area.

Planning comment: The existing and proposed development, given the current zoning of the site as R3 Medium Density Residential, is considered to be an appropriate Medium Density form. The development is consistent with the form and scale of new generation boarding houses as provided by SEPP (ARH) 2009 and is appropriate in the circumstances. The proposal is accordingly, recommended for approval subject to conditions of development consent.

Loss of amenity to surrounding properties;

Planning comment: With particular regard to potential visual and acoustic privacy impacts, the development is assessed as appropriate in the circumstances and is accordingly, recommended for approval subject to conditions of development consent.

Poor condition of existing facility and standards of maintenance for proposed building;

Poor management of existing property and potential for poor management of proposed

building and operation;

Noise and disturbance generated from premises, including existing boarding house

premises and circumstances and potential for increased patronage and intensity of

impact from proposed boarding house;

Current circumstances and operational procedures not reflected in proposed

documentation – ability of owner to fulfil requirements as stated in submitted

documentation;

Planning comment: It is acknowledged that the existing premises is dated and not well maintained (or managed). This is due to the historical nature of the original approval dating from circa 1962 and the unsuitability of the existing building for its current use. Additionally, the existing premises is not currently operating under s suitable plan of management with no screening of potential residents occurring before moving in.


It is considered that the site will benefit from the demolition of the existing facility. The assessment of the potential impact from the proposed development has resulted in the conclusion that the development is appropriate in the circumstances and is accordingly, recommended for approval subject to conditions of development consent. Subject to the implementation of an appropriate management plan for the new premises, this allows for an improved ability for Council officers to respond to complaints as they arise from the operation of the new premises. Additionally, a properly managed facility will enable screening of potential tenants to improve the quality of tenants within the premises and minimise future tenant amenity impacts to the local community.

Increase in traffic and associated impacts;

No provision for car parking;

Provision of motorcycle parking without vehicle crossover;

Planning comment: The subject proposal as amended does not propose any vehicular crossover or parking for motorised vehicles on site. The site is considered to provide ample bicycle parking and the general locality is well serviced with public transport options for tenants. See also the comments provided under SEPP (ARH) 2009 and NSDCP Part B Section 4 Boarding Houses for further discussions in this regard however the proposal is considered to be acceptable in this regard.

Provision of attic spaces unreasonable given scale and nature of use;

Use of Attic space;

Planning comment: Council‟s assessment of the initial proposal concurred with this concern and requested deletion of the attic/mezzanine spaces. The proposal as amended no longer includes the proposed attic/mezzanine study areas. This also resulted in a decrease to the overall height of the building which in turn resulted in an improvement to the level of overshadowing from the development.

Inconsistency with objectives of the Zone;

Planning comment: The development is consistent with the scale, density, form and character test outlined in SEPP (ARH) 2009 as appropriate in the medium density zone and can be supported in the circumstances.

Relocation procedures for existing boarding house residents during construction;

Standard of residents for new premises;

Insufficient Plan of Management;

Planning comment: As per the comments provided under the Community Services Officer referral, whilst progress has been made in this regard regarding the appointment of an appropriate Management Agency to manage the relocation and ongoing management of the premises, the development further review in this regard. Notwithstanding this, these matters alone do not warrant refusal of the application and accordingly, it is the recommendation of this report that approval can be granted subject to deferred commencement to ensure an appropriate resident relocation management plan and finalized management plan be submitted for the consideration, review and endorsement of Council‟s Community Services Officer


Site suitability;

Planning comment: For the reasons as detailed throughout this report, the site is generally considered to be suitable for the proposed development. The site complies with the site suitability controls contained within SEPP (ARH) 2009.

No acoustic report submitted;

Planning comment: For the size and scale of the proposal at hand, an acoustic report was not considered to be required in the circumstances. Notwithstanding this, the proposed side orientated openings and general masonry construction is considered to provide suitable general noise attenuation in the circumstance. Subject to the provision of a suitable management plan to provide for management strategies to minimise noise from tenants after certain hours in the evening, it is considered that all reasonable measures have been implemented for the proposal to sufficient manage noise emissions from the premises.

BCA compliance (light and ventilation);

Fire Safety of Existing and Proposed premises;

Planning comment: As per the Building Surveyors referral comments, there is no impediment to the proposal complying with the building Code of Australia (inclusive of fire safety provisions). This is a standard requirement of any development consent and is included in the recommended conditions of development consent.

Scale and perimeter of notification of application;

Planning comment: the proposal was notified as required by Council‟s Notification of Applications policy as set out under Part A Section 4 of NSDCP 2013.

Safety and Security

General “Poor”, “appalling”, “unlawful” behaviour, including “incidents”, “police

visits”, “vulgar” and “most appalling language at unbelievable volume”;

Incident registers submitted by two of the submitters covering September period.

Any approval or consent issued by North Sydney Council would “condone future anti

social behaviour”;

Transient residents‟ no not contribute to „community character‟;

Planning comment: Council in no way condones unlawful behaviour associated with the premises. This situation is considered to have arisen mostly as a result the age of the premises and lack of quality ongoing management for the existing premises. It is considered that with demolition and proper management of the new facility implemented, this will result in an improved level of amenity for surrounding residents. The nature of the development and housing type does not allow for a “prohibition” to the types of residents allowed in the premises however any new premises will require a site manager contact details to be provided at the premises as the first point of call for residents to contact to resolve tenant issues. Failing that, subject to the implementation of a proper plan of management, Council has the ability to take necessary regulatory actions for continued breaches to the operation and Management Plan


Pets within boarding house;

Planning comment: There are no controls which prohibit the keeping of pets at the premises. This is a matter for the nominated Management Agency to resolve.

Provision for, and maintenance of landscaping at the site;

Planning comment: There are no controls which specifically dictate the ongoing management of landscaping on site however it would generally be an expectation of the nominated Management Agency to monitor.

Stormwater Management;

Planning comment: The proposal has been reviewed and endorsed by Council‟s Development Engineer with regard to Stormwater Management and recommended the development can be approved subject to conditions of development consent to manage stormwater.

No provision of on site manager

Planning comment: As detailed in the Part B Section 4 Boarding Houses assessment compliance table, a boarding house proposing less than 20 lodgers is not required to provide an onsite resident manager. As per the management plan requirements, the managing Agencies contacts details would be required to be provided on site for local resident is to contact in the first instance to resolve tenant issues.

CONCLUSION The proposal seeks consent to demolish the existing building and structures on the site and to construct a new two storey ten (10) room boarding house to be operated by Link Housing. The proposal is an amended proposal being substantially different from the original proposal which included eleven (11) boarding rooms, mezzanine studies, front balconies, motorcycle parking and vehicular crossover. The balconies, mezzanine, vehicular parking and crossover have all been removed from the proposal pursuant to Council‟s requests The development application has been assessed against the Provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, (North Sydney Local Environmental Plan 2013 and the North Sydney Development Control Plan 2013. A Clause 4.6 Request for variation to the Development Standard set out in Clause 30(h) of SEPP (Affordable Rental Housing) 2009 regarding the lack of provision of motorcycle parking for the site. The variation is considered to be supportable in the circumstances. The non provision of the required parking also responds to the concerns raised by the Development Engineer. Council‟s notifications of the original and amended proposal attracted a total of twenty one (21)

submissions raising particular concerns regarding, heritage, bulk and scale, architectural merit, and management of the existing and future development, privacy (visual and acoustic), lack of parking and local residential amenity impacts associated with the application.


The assessment of the proposal has considered the concerns raised in the submissions as well as the performance of the application against Council‟s planning requirements. Subject to the resolution of concerns relating to Residential Relocation and finalisation of the Management of the premises, the development application is considered to be reasonable in the circumstances and is recommended for approval subject to deferred commencement and general conditions of development consent.

RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, assume the concurrence of the Director General of the Department of Planning and invoke the provisions of Clause 4.6 Request for Variation of NSLEP 2013 to the provisions of Clause 30(h) of SEPP (ARH) 2009 and grant consent to Development Application No. 131/2015 for demolition of the existing building and structures and construction of a ten (10) room boarding house at No. 171 West Street, Crows Nest subject to the following site specific and general attached conditions:- Deferred Commencement Conditions This consent shall not operate until the following deferred commencement condition(s) has/have been satisfied. Amended Plans - Resident Relocation Plan

AA1. An appropriate resident relocation plan is to be prepared and submitted for the

consideration and endorsement of Council Community Services Officer and must detail the following: 1. The Resident Relocation Plan be submitted as a standalone document for Council‟s

Community Development Department to review 2. The estimated date for completion of the works be incorporated in the Relocation

plan to enable existing residents to manage temporary leases and take up the offer to return if desired

3. The estimated tariffs for the New Generation Boarding House be included in the Relocation Plan

4. The applicant engage a Social Worker to survey the residents (with regard to Language, and any needs that will be generated by having their tenancies terminated) by contacting the Australian Association of Social Workers or appropriate employment agency to assist in the relocation of residents.

(Reason: To ensure the existing residents are suitably relocated and not

unreasonably disadvantaged prior to demolition of the premises)


Operational Plan of Management

AA2. A final Plan of Management must be prepared and executed by a reputable Residential

Management Agency and submitted for the consideration and endorsement of Council Community Services Officer and must detail the following:

i) The requirements of this consent and addressing Part B Section 4 Boarding Houses

of North Sydney Development Control Plan 2013 ii) Schedule 2 (Standards for Places of Shared Accommodation) to the Local

Government (General) Regulation, 2005 iii) The Public Health Act, 1991, and iv) Boarding Houses Act 2012; (Reason: To ensure the ongoing operation of the boarding house is in accordance

with the terms of this consent)

Landscape Plan

AA3. The landscaping Plan as originally submitted is to be updated to reflect the built form

which is the subject of this report. The Landscape Plan is to also include additional screening plants are to be incorporated adjacent to the northern boundary in the rear yard (Reason: To ensure the landscape plan is consistent with the approved plans and to

ensure adequate landscaping is installed on site.) The applicant must satisfy Council as to the matters specified in the deferred commencement conditions within six (6) months of the date of the granting of this consent. If the applicant fails to satisfy Council as to the matters specified in the deferred commencement conditions within 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. NOTE: Consideration should be given to providing the evidence to Council to allow sufficient time consider the same and form a view as to whether the deferred commencement conditions are satisfied or not. You are also advised of your appeal rights under clause 95(6) of the Environmental Planning and Assessment Regulation 2000, which provides that: If the consent authority has not notified the applicant within the

period of 28 days after the applicant‟s evidence is produced to it, the consent authority is,

for the purposes only of section 97 of the Act, taken to have notified the applicant that it

is not satisfied as to those matters on the date on which that period expires.Written concurrence from North Sydney Council will be required to demonstrate satisfactory compliance with the above deferred commencement conditions, with this to be supplied to the Certifying Authority. Upon satisfaction of the deferred commencement conditions the following conditions apply. (Reason: To ensure the ongoing operation of the boarding house is in accordance

with the terms of this consent)


C. Prior to the Issue of a Construction Certificate

C1. The following privacy devices are to be provided:

a) Fixed obscure or frosted glass privacy screens shall be attached to all first floor northern and southern orientated windows up to a minimum sill height of 1.5 metres.

b) The eastern orientated windows of the rear first floor rooms shall be affixed with fixed obscure or frosted glass privacy screens up to a minimum sill height of 1.5 metres.

c) Fixed timber louvre/lightweight/lattice privacy screens projecting a minimum

width of 400 mm shall be attached to the Northern and southern extent of the windows on the eastern elevation of the rear first floor windows.

Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure an adequate level of privacy is provided to adjoining property located at 169 and 173 West Street, Crows Nest)

Side Boundary Fences

C2. Side boundary fences to be a maximum of 900 mm height from the front building line to the front boundary.

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 retain the character of the streetscape and to retain views of the heritage item from the footpath)

Screen Planting

C3. To maintain acceptable levels of privacy, screen planting must be installed and

maintained adjacent to the northern boundary of the site adjacent to 173 West St from the rear building line to the rear boundary. The required screen planting must consist of 15 L size Syzgigium australe „Aussie Compact‟ (Lilly Pilly) or other similar suitable screening species capable of attaining a mature height of approximately 3.0 metres above finished ground levels, spaced at 1m intervals. Details of the screen planting required by this condition must be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the details submitted fully satisfy the requirements of this condition.

(Reason: To preserve the privacy of adjoining properties)


I. On-Going / Operational Conditions Maximum Occupancy of Boarding House

I1. Accommodation for a maximum of fourteen (14) persons/lodgers is to be provided. Six

(6) of the rooms are to be nominated for single occupancy and four (4) of the room are nominated for double occupancy. Only the nominated number of occupants are permitted to occupy their respective rooms. A sign is to be erected adjacent to the main entry/entries to the building detailing the maximum capacity of the boarding house. (Reason: To ensure the occupancy and use of the premises is in accordance with

the terms of the consent)

Boarding house – Operational Plan of Management

I2. The management of the boarding house shall be conducted in accordance with the

Operational Plan of Management endorsed pursuant to Deferred Commencement condition AA2, and must comply with the requirements of the following relevant legislation:

a) Schedule 2 (Standards for Places of Shared Accommodation) to the Local

Government (General) Regulation, 2005 b) the Public Health Act, 1991, c) Boarding Houses Act 2012 ; and d) North Sydney Council‟s Boarding House controls under Section 4 of

Development Control Plan 2013. except where otherwise amended by the conditions of this consent (Reason: To ensure the ongoing operation of the boarding house is in accordance

with the terms of this consent) Bicycle Parking

I3. Eight bicycle spaces are to be maintained in the alcove on the northern side of the

building as designed on the approved plans at all times.

(Reason: To ensure the ongoing operation of the boarding house is in accordance with the terms of this consent)

CCTV Coverage

I4. CCTV coverage of the premises is to be provided 24 hours a day seven days per week.

The camera placement and operation of the system shall be in accordance with the following requirements:


(a) The CCTV system shall provide a 24 hour 7 day visual time stamped recording with a good quality resolution minimum rate of ten (10) frames per second at a resolution of at least 640 pixels by 480 lines/pixels and include sound recording.

(b) The positioning of all surveillance cameras shall be made in consultation and

agreement with the Commander, Harbourside Local Area Command or his or her delegate

(c) A sign is to be erected in a prominent location within the premises advising that

the premises are under CCTV surveillance for the purpose of protecting the amenity of the adjoining properties.

(d) The Managing Agent is responsible for ensuring that tenants of the premises

comply with the conditions imposed by this consent and the approved Management Plan of the Premises. If the CCTV system identifies a customer or visitor breaching the conditions of consent then the manager is to take action, including removal from the premises, and prohibition of future entry as appropriate, to ensure that there is compliance with the conditions of consent.

(e) The CCTV recordings shall be kept for a period not less than 3 months and shall

be provided to Council upon request.

(Reason: To promote the safety/minimise impact on Neighbours) Kim Rothe David Hoy ASSESSMENT OFFICER TEAM LEADER Stephen Beattie

MANAGER DEVELOPMENT SERVICES

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

171 WEST STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 131/15

A. Conditions that Identify Approved Plans DEFERRED COMMENCEMENT CONDITIONS This consent shall not operate unt il the following deferred commencement conditions have been satisfied. Amended Plans - Resident Relocation Plan AA1. An a ppropriate resident r elocation pl an i s t o be pr epared a nd s ubmitted f or t he

consideration a nd e ndorsement of C ouncil C ommunity S ervices O fficer a nd m ust detail the following:

1. The R esident R elocation P lan be s ubmitted a s a s tandalone doc ument f or

Council’s Community Development Department to review. 2. The es timated date for completion of t he w orks be i ncorporated i n t he

Relocation plan to enable ex isting r esidents t o manage t emporary l eases and take up the offer to return if desired.

3. The estimated tariffs for the New Generation Boarding House be included in the Relocation Plan.

4. The a pplicant engage a Social W orker t o s urvey t he r esidents (with r egard t o Language, and any ne eds t hat w ill be g enerated by h aving t heir t enancies terminated) b y contacting th e A ustralian A ssociation of S ocial W orkers or appropriate employment agency to assist in the relocation of residents,

(Reason: (Reason: To ensure t he existing r esidents ar e s uitably r elocated

and not unreasonably disadvantaged prior to demolition of the premises)

Operational Plan of Management AA2. A fi nal P lan of M anagement m ust be pr epared a nd e xecuted b y a r eputable

Residential M anagement A gency and s ubmitted f or t he c onsideration a nd endorsement of Council Community Services Officer and must detail the following:

i) The r equirements of t his c onsent a nd addressing P art B S ection 4 B oarding Houses of North Sydney Development Control Plan 2013

ii) Schedule 2 (Standards for P laces of S hared A ccommodation) t o t he Local Government (General) Regulation, 2005

iii) The Public Health Act, 1991, and iv) Boarding Houses Act 2012; (Reason: To e nsure t he on going op eration of t he bo arding hous e i s i n

accordance with the terms of this consent)

ATTACHMENT TO IPP05 - 02/12/2015

171 WEST STREET, CROWS NEST DEVELOPMENT APPLICATION NO. 131/15 Page 2 of 33

September 2013 v1

Landscaping Plan AA3. The landscaping Plan as originally submitted is to be updated to reflect the built form

which is the subject of this report. The landscaping Plan is to also include additional screening plants are to be incorporated adjacent to the northern boundary in the rear yard.

(Reason: To e nsure t he on going op eration of t he bo arding hous e i s i n

accordance with the terms of this consent) The applicant must satisfy Council as to the matters specified in the deferred commencement conditions within six (6) months of the date of the granting of this consent. If th e a pplicant f ails to satisfy C ouncil a s to the ma tters s pecified i n the de ferred commencement conditions within of the dated of the grant of this consent t his consent will lapse in accordance with Section 95(6) of the Environmental Planning and Assessment Act 1979. NOTE: C onsideration s hould be g iven t o pr oviding t he e vidence t o C ouncil t o a llow sufficient time consider the same and form a view as to whether the deferred commencement conditions are satisfied or not. You are also advised of your appeal rights under clause 95(6) of the Environmental Planning and Assessment Regulation 2000, which provides that: If the consent aut hority has not not ified t he appl icant w ithin t he pe riod of 28 day s af ter t he applicant’s e vidence i s produced t o i t, t he consent aut hority i s, f or t he pur poses onl y of section 97 of the Act, taken to have notified the applicant that i t is not satisfied as to those matters on t he dat e on which t hat pe riod e xpires.Written c oncurrence f rom N orth S ydney Council w ill be r equired t o de monstrate s atisfactory c ompliance w ith t he a bove de ferred commencement conditions, w ith t his t o be s upplied t o t he C ertifying A uthority. U pon satisfaction of the deferred commencement conditions the following conditions apply. Upon s atisfaction of t he deferred co mmencement con ditions, t he f ollowing c onditions apply: 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 s tamp, except where amended by the following conditions of this consent.

Drawing Numbered/ Title

Revision Dated Drawn by Date Received by Council

A0003 Site Plan O 23 October 2015 Prescott Architects 27 October 2015 A0004 BASIX O 23 October 2015 Prescott Architects 27 October 2015 A0005 BASIX O 23 October 2015 Prescott Architects 27 October 2015 A2100 Ground Floor Plan

O 23 October 2015 Prescott Architects 27 October 2015

A2101 first Floor Plan




September 2013 v1

A2103 Roof Plan O 23 October 2015 Prescott Architects 27 October 2015 A2104 Disabled Access Plan


A3000 West Elevation


A3001 North Elevation


A3002 East Elevation


A3003 South Elevation and Materials


Building Code of Australia 2015 Section J (DTS) Report Jon Number AE558

23 October 2015 Australian Energy Efficiency Consulting

27 October 2015

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

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all s tamped a pproved pl ans, specifications and documents ( including the

plans, s pecifications a nd doc uments s ubmitted a nd a pproved with t he C onstruction 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)

C. Prior to the Issue of a Construction Certificate Privacy C1. The following privacy devices are to be provided:

a) Fixed obscure or f rosted glass pr ivacy s creens shall be at tached to all first floor northern and southern orientated windows up to a minimum sill height of 1.5 metres.

b) The eastern or ientated windows of the rear f irst f loor rooms shall be affixed

with fixed obscure or frosted glass privacy screens up to a minimum sill height of 1.5 metres.

c) Fixed timber louvre/lightweight/lattice privacy screens projecting a minimum

width of 400 mm shall be attached to the Northern and southern extent of the windows on the eastern elevation of the rear first floor windows.



September 2013 v1

Plans a nd s pecifications c omplying w ith t his c ondition m ust be s ubmitted t o t he Certifying A uthority f or a pproval pr ior t o t he i ssue of a ny C onstruction C ertificate. The Certifying A uthority mus t e nsure t hat t he bui lding pl ans a nd s pecifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure an adequate level of privacy is provided to adjoining property

located at 169 and 173 West Street, Crows Nest) Side Boundary Fences C2. Side boundary fences to be a maximum of 900 mm height from the front building line

to the front boundary.

Plans a nd s pecifications c omplying w ith t his c ondition m ust be s ubmitted t o t he Certifying A uthority f or a pproval pr ior t o t he i ssue of a ny C onstruction C ertificate. The C ertifying Authority must ensure tha t the bui lding pl ans a nd specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To retain the cha racter of t he s treetscape and t o retain views of t he

heritage item from the footpath) Screen Planting C3. To maintain acceptable levels of p rivacy, screen planting must be installed and maintained

adjacent to the northern boundary of the site adjacent to 173 W est St from the rear building line to the rear boundary. The required screen planting must consist of 15 L size Syzgigium australe ‘Aussie Compact’ (Lilly Pilly) or other similar suitable screening species capable of attaining a mature height of approximately 3.0 metres above finished ground levels, spaced at 1m intervals. Details of the screen planting required by this condition must be provided to the Certifying A uthority f or a pproval pr ior to t he i ssue of a ny C onstruction C ertificate. The Certifying Authority must ensure that the details submitted fully satisfy the requirements of this condition.

(Reason: To preserve the privacy of adjoining properties)



September 2013 v1

Dilapidation Report Damage to Public Infrastructure

C4. A dilapidation survey and report (including photographic record) must be prepared by

a s uitably qu alified consultant w hich details the pr e-developed condition of t he existing publ ic inf rastructure in the vi cinity of the de velopment s ite. P articular attention must be pa id t o accurately r ecording a ny pr e-developed damaged areas so that C ouncil i s f ully i nformed w hen a ssessing any da mage t o publ ic i nfrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be s ubmitted t o t he Certifying Authority for a pproval p rior t o t he i ssue of a ny Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the s ite, where such damage i s not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

The de veloper s hall be ar t he c ost of c arrying out w orks t o r estore all publ ic infrastructure da maged as a r esult of t he c arrying out of t he de velopment, a nd no occupation of t he de velopment s hall oc cur unt il da mage c aused a s a r esult of t he carrying out of the development is rectified. A c opy o f t he di lapidation s urvey a nd r eport must be l odged w ith N orth S ydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To r ecord t he c ondition of publ ic i nfrastructure p rior t o t he

commencement of construction) Sediment Control C5. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be i n accordance with the publication Managing U rban Stormwater: S oils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:

a) All de tails of dr ainage t o pr otect a nd dr ain t he s ite dur ing t he c onstruction

processes; b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and



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e) A s chedule a nd pr ogramme of t he s equence of t he s ediment a nd e rosion control works or devices to be installed and maintained.

f) Methods f or t he t emporary and controlled di sposal of s tormwater du ring

construction.

All works must be undertaken in accordance with the approved Sediment Control plan. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Waste Management Plan C6. A W aste M anagement Plan i s t o be s ubmitted f or a pproval b y t he C ertifying

Authority prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

a) The e stimated vol ume o f w aste a nd m ethod o f disposal f or t he 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 a pproved Waste M anagement P lan must b e c omplied with at a ll t imes in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building

waste) Reflectivity Index of Glazing C7. The r eflectivity i ndex ( expressed a s a pe rcentum of t he r eflected l ight f alling upon

any surface) of external glazing for windows, walls or roof finishes of the proposed development i s t o be no g reater t han 20% . P lans a nd s pecifications w hich c omply 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.

Note: The r eflectivity i ndex of g lazing e lements c an be obt ained f rom g lazing

manufacturers. Glass with mirrored or reflective f oil f inishes is un likely to achieve compliance with this requirement.

(Reason: To ensure that excessive glare or reflectivity nuisance from glazing

does not occur as a result of the development)



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Roofing Materials - Reflectivity C8. Roofing ma terials mus t be f actory pr e-finished with low g lare a nd reflectivity

properties to be compatible with the colours of neighbouring buildings. The selected roofing material must not cause a glare nuisance or excessive reflectivity to adjoining or nearby properties. Plans and specifications which comply with this condition must be s ubmitted t o t he C ertifying A uthority f or a pproval pr ior t o t he i ssue of a ny Construction Certificate. The Certifying Authority must ensure that the building plans and s pecifications s ubmitted, referenced on and accompanying the i ssued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure t hat ex cessive g lare or reflectivity n uisance f rom r oofing

materials does not occur as a result of the development) No External Service Ducts C9. Service duc ts m ust be pr ovided w ithin t he bui lding t o ke ep e xternal w alls f ree of

plumbing, drainage or a ny other ut ility i nstallations. P lans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior t o t he i ssue of a ny C onstruction C ertificate. The C ertifying A uthority mus t ensure t hat t he bui lding pl ans a nd s pecifications s ubmitted, r eferenced on a nd accompanying t he i ssued C onstruction Certificate, fully s atisfy the r equirements of this condition. (Reason: To ensure quality built form of the development)

Work Zone C10. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be issued by the Council prior to the issue of any Construction Certificate. Work Zones are provided specifically for the set down and pick up of materials and not f or t he pa rking of p rivate ve hicles associated w ith t he s ite. W orks Zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the Works Zone is approved by the Committee, the Applicant must obtain a written copy of the related resolution from the North Sydney Local Traffic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the C ommittee, i ncluding i nstallation of t he ne cessary ‘ Work Zone’ s ignage a nd payment of a ny f ees, m ust oc cur pr ior t o c ommencement of a ny w orks on t he s ite. Further, a t the e xpiration of t he W ork Z one a pproval, t he de veloper i s r equired to remove the Work Zone signs and reinstate any previous s igns, all a t the developer's cost. T he r equirements imposed b y t he C ommittee on t he W ork Z one pe rmit ( or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)



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Stormwater Management and Disposal Design Plan – Construct. Issue C11. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified drainage design engineer. The site drainage management plan must detail the following requirements of North Sydney Council:

a) Compliance w ith B CA dr ainage r equirements, C ouncil’s E ngineering

Performance guide and c urrent A ustralian S tandards a nd guidelines, such a s AS/NZ3500.3.2 1998, National Plumbing and Drainage Code.

b) Stormwater r unoff a nd subsoil dr ainage generated b y t he a pproved dw ellings must be conveyed in a c ontrolled manner b y gravity t o Council’s ke rb i n W est Street.

c) Pipelines within the footpath area shall be hot dipped galvanized steel rectangular hollow section with a minimum wall thickness o f 4.0 millimeters and a section height of 100 millimeters.

d) Any f ootpath pa nel on W est Street di sturbed for t he pur pose of s tormwater connection shall be reconstructed as whole panel.

e) The design and installation of the Rainwater Tanks shall comply with Basix and Sydney Water requirements. Overflow from tank shall be connected by gravity to the stormwater disposal system.

Details demonstrating compliance are to be submitted with all other drainage details to C ouncil pr ior t o i ssue of a ny C onstruction C ertificate. The C ertifying A uthority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the r equirements o f th is c ondition, is referenced on and accompanies the Construction Certificate.

(Reason: To e nsure c ontrolled s tormwater m anagement and di sposal w ithout

nuisance) Bond for D amage an d C ompletion of I nfrastructure Wor ks – Stormwater, K erb an d Gutter, Footpaths, Vehicular Crossing and Road Pavement C12. 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 a ny d amage c aused t o a ny pr operty o f t he Council as a

consequence of the doing of anything to which this consent relates, b) completing a ny publ ic w ork ( such a s r oad w ork, ke rbing a nd guttering,

footway c onstruction, stormwater dr ainage a nd environmental controls) required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after

the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).


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The security will be refundable following the expiration of 6 months from the issue of any final O ccupation Certificate or c ompletion of publ ic w ork r equired t o 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 a pplicant ha s not r epaired or commenced repairing da mage w ithin 48

hours of t he i ssue b y C ouncil i n w riting of i nstructions t o unde rtake s uch repairs or works;

• works i n t he publ ic r oad a ssociated w ith t he de velopment a re t o a n 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) Tree Bond for Public Trees C13. Prior to the issue of any construction certificate, security in the sum of $2,000.00 must

be pr ovided t o C ouncil f or t he pr otection of t rees i n publ ic pl aces, i ncluding t he making good of any damage caused to such t rees. The security is to be provided in accordance with the Schedule below. The security must be provided by way of: a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee). The security will be refundable following the expiration of 6 months from the issue of any final O ccupation C ertificate but onl y upon i nspection a nd r elease b y Council's Landscape Development Officer. If any t ree i s r emoved or da maged C ouncil m ay de duct f rom t his security t he reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work. In the case of any tree, which cannot be replaced with a similar specimen, the security for t hat t ree w ill be f orfeited t o C ouncil a nd used t o pr ovide r eplacement s treet plantings. SCHEDULE Lophostemon confertus (Brush Box), approximately 3 m height, located on Council’s verge outside the subject property. (Reason: Protection of existing environment public infrastructure, community

assets and significant trees)



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Pruning of Trees C14. All pr uning w orks s hall t o t he Phoenix c anariensis (Canary Islands P alm) and any

trees ove r ha nging t he boundary f rom 173 W est S t s hall be unde rtaken unde r t he guidance of an appropriately qu alified arborist/tree s urgeon in accordance w ith Australian Standard AS 4373-2007 - Pruning of Amenity Trees:

A report detailing the measures to be employed during construction shall be submitted by the Certifying Authority prior to the approval of any Construction Certificate.

All me asures r equired by the s aid report mus t be c omplied with at a ll ti mes in the carrying out of the development. (Reason: To ensure the protection and longevity of existing significant trees)

Garbage and Recycling Facilities C15. An appropriate area must be provided within the premises for the storage of garbage

bins and recycling containers and all waste and recyclable material generated by this premises. The following requirements must be met:

a) all i nternal w alls of t he storage ar ea m ust be r endered to a s mooth s urface,

coved a t t he floor/wall i ntersection, graded and appropriately dr ained with a tap in close proximity to facilitate cleaning;

b) provision for the separation and s torage in appropriate categories of material

suitable for recycling;

c) the storage area must be adequately screened from the street, with the entrance to the enclosures no more than 2m from the street boundary of the property;

d) if a s torage f acility is to be pr ovided at a nother suitable loc ation within the

building, a complementary garbage bin holding bay must be provided no more than 2m from the street boundary of the property;

e) garbage enclosures serving residential units are not to be located within areas

designated for non-residential uses; and

f) garbage enclosures s erving non -residential us es are not t o be l ocated within areas designated for dining purposes.

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.



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Note: The applicant may wish to discuss bin storage requirements and location with Council’s Environmental Services prior to finalisation of the required detail, and a copy of Council’s Waste Handling Guide should be obtained for reference purposes before the design is finalised.

(Reason: To ensure the provision of appropriate waste facilities for residents and

protect community health, and to ensure efficient collection of waste by collection contractors)

Asbestos Material Survey C16. A r eport m ust be pr epared b y a s uitably qu alified pe rson i n r elation t o t he e xisting

building f abric t o b e demolished a nd/or di sturbed i dentifying t he 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 r emoval of a sbestos m ust be unde rtaken b y a W orkCover l icensed

contractor; b) all r emoval mus t be in strict a ccordance w ith the r equirements of the

WorkCover A uthority i n r elation t o t he r emoval, ha ndling a nd di sposal of material containing asbestos and any Work Safe Australia requirements.

c) during t he r emoval of a ny a sbestos a s ign s tating “ DANGER A SBESTOS REMOVAL IN P ROGRESS” m ust be e rected i n a vi sible pos ition a t t he 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 r eport m ust be s ubmitted t o t he C ertifying A uthority f or a pproval prior t o t he issue of any Construction Certificate. The Certifying Authority must ensure that the report, a nd ot her pl ans, r eferenced on a nd a ccompanying t he i ssued C onstruction 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) Noise from Plant and Equipment C17. The use of all plant and equipment installed on the premises must not:

(a) Contribute a n LAeq(15min) w hich will c ause the tot al LAeq(15min) from a ll plant a nd e quipment op erating c ontemporaneously on t he s ite or i n t he s trata scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when measured at t he bound ary of an y affected receiver . T he m odifying f actor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.



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(b) Cause “offensive noi se” as d efined i n t he Protection of t he E nvironment Operations Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected receiver. Terms i n t his c ondition ha ve t he s ame m eaning a s i n t he N oise G uide f or Local Government a nd t he Industrial N oise P olicy p ublished b y t he N SW E nvironment Protection Authority. (Reason: To maintain an appropriate level of amenity for adjoining land uses)

Air Conditioners in Residential Premises C18. The us e of any air c onditioner installed on the pr emises must c omply w ith t he

requirements o f t he P rotection of t he E nvironment O perations ( Noise C ontrol) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(i) before 8.00 am a nd a fter 10.00pm on a ny S aturday, S unday or P ublic Holiday; or

(ii) before 7.00am or after 10.00pm on any other day

(b) cause an LAeq(15min) which exceeds the RBL background noi se l evel by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence.

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity)

Acoustic Privacy (Residential Apartments) C19. Noise l evels in s ole oc cupancy uni ts of r esidential a partments m ust not ex ceed the

following:



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Location Maximum

Habitable Rooms other than Sleeping Areas 40 LAeq (1hr) Sleeping Areas 35 LAeq (1hr)

The “Maximum” limits are to apply in any hour of a 24 hour period with the windows of the sole occupancy unit closed.

“habitable room” has the same meaning as in the Building Code of Australia.

A f loor s eparating s ole occupancy uni ts shall ha ve a w eighted standardised impact sound pr essure l evel L ’nT,w not m ore t han 55dB w hen m easured i n-situ in accordance with AS ISO 140.7-2006 “Field measurements of impact sound insulation of f loors" and rated to AS ISO 717.2-2004 “Rating of sound insulation in bui ldings and of bui lding e lements. P art 2: I mpact s ound i nsulation”. T his c lause s hall not apply t o t he f loor of a ki tchen, ba throom, t oilet or l aundry i n a r esidential s ole occupancy unit.

Mechanical equipment such as lift plant, air conditioning plant servicing the building and pumps shall not be located immediately adjacent bedrooms.

A statement f rom an appropriately qua lified acoustical c onsultant e ligible f or membership of the Association of Australian Acoustic Consultants, certifying that the acoustic mitigation measures outlined above have been satisfied, must be submitted to the C ertifying A uthority for a pproval pr ior t o t he i ssue of a ny C onstruction Certificate. (Reason: To comply w ith best pr actice s tandards f or r esidential acous tic

amenity) Section 94 Contributions C20. A m onetary contribution pur suant t o t he p rovisions of S ection 94 of t he

Environmental P lanning a nd A ssessment A ct 1 979, i n a ccordance w ith t he N orth Sydney C ouncil S ection 94 C ontribution P lan f or t he publ ic a menities/ s ervices detailed in column A below and, for the amount detailed in column B below, must be paid to Council.

A B

Administration $257.62 Community Centres $1,169.52 Childcare Facilities $446.22 Library and Local Studies Acquisitions $218.15 Library Premises and Equipment $674.86 Multi Purpose Indoor Sports Facility $184.27 Olympic Pool $600.20 Open Space Acquisitions $7,355.51 Open Space Increased Capacity $14,579.88 North Sydney Public Domain $ - St Leonards Public Domain $ -



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Improvements Public Domain Improvements $576.36 Traffic Improvements $707.50

Total $26,770.09

The contribution MUST BE paid prior issue of any Construction Certificate. The above amount, will be adjusted for inflation by reference to the Consumer Price (All Ordinaries) Index applicable at the time of the payment of the contribution. A c opy of t he N orth S ydney S ection 94 C ontribution P lan c an be vi ewed a t N orth Sydney C ouncil’s C ustomer S ervice C entre, 2 00 M iller S treet, N orth S ydney o r downloaded via Council’s website at www.northsydney.nsw.gov.au (Reason: To retain a level of service for the existing population and to provide

the s ame l evel of s ervice t o t he popul ation r esulting f rom ne w development)

Security Deposit/ Guarantee Schedule C21. 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 ($) Street Tree Bond (on Council Property) $2000.00 Footpath Damage Bond $1500.00 TOTAL BONDS $3,500.00

Note: The following fees applicable

Fees Section 94 Contribution $26,770.09 TOTAL FEES $26,770.09

(Reason: Compliance with the development consent)

Adaptable Housing C22. One (1) g round f loor boarding r oom i s to be de signed with a ccessible f eatures for

disabled pe rsons, a nd m ust i ncorporate l evel e ntries a nd w ider door ways a nd corridors, s lip resistant surfaces, r eachable po wer poi nts, di sabled t oilet, a nd l ever door handles and taps. These features are to be designed generally in accordance with the r elevant A ustralian Standard 4299 - 1995. Plans a nd s pecifications c omplying 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)



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BASIX Certificate C23. 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 N o. 61737 0M-03 f or t he d evelopment a re fulfilled. Plans and specifications c omplying w ith this c ondition must be s ubmitted to the C ertifying Authority for approval pr ior t o t he i ssue o f a ny C onstruction C ertificate. T he Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements) D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. T he Policy is to note, and provide protection/full indemnification f or N orth S ydney C ouncil, a s a n i nterested pa rty. A c opy of t he Policy m ust be s ubmitted t o C ouncil pr ior t o c ommencement of a ny w orks. T he Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Notification of New Addresses D2. Prior to the commencement of any building works, an application must be made and

written confirmation received f rom N orth S ydney C ouncil of t he a llocated s treet address (house number) and/ or unit numbers of the completed project. To a ssist C ouncil, a pl an f or uni t num bering s hould be s ubmitted f or c oncurrence. These de tails w ill be r ecorded i n C ouncil r ecords a nd m ust be di splayed a t t he property i n a ccordance with t he pr ovisions of t he a pplicable A ustralian S tandard relating to rural and urban addressing. A copy of the allocation confirmation must be submitted to the C ertifying A uthority with the a pplication for a C onstruction Certificate.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)



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Sydney Water Approvals D3. Prior to the commencement of any works, the approved plans must be submitted to a

Sydney Water Quick Check agent or Customer Care Centre to determine whether the development appl ication will af fect S ydney Water’s s ewer and water m ains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately s tamped the plans before the commencement of building works. Note: For Quick C heck a gent de tails pl ease r efer t o “ Your Business” s ection of Sydney W ater’s w eb site a t w ww.sydneywater.com.au t hen s ee Building a nd Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)

Asbestos Material Survey

D4. Prior t o t he c ommencement of a ny w orks, a report m ust be pr epared b y a s uitably

qualified pe rson i n r elation t o t he e xisting bui lding f abric t o be d emolished a nd/or disturbed i dentifying t he pr esence or ot herwise of a sbestos c ontamination a nd, i f 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 r emoval of a sbestos m ust be unde rtaken b y a W orkCover l icensed

contractor; b) all r emoval mus t be in strict a ccordance w ith the r equirements of the

WorkCover Authority i n r elation t o t he r emoval, ha ndling a nd di sposal of material containing asbestos and any Work Safe Australia requirements.

c) during t he r emoval of a ny a sbestos a s ign s tating “ DANGER A SBESTOS REMOVAL IN P ROGRESS” m ust be er ected in a vi sible pos ition a t t he 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 r eport m ust be s ubmitted t o t he C ertifying A uthority f or a pproval prior t o t he issue of any Construction Certificate. The Certifying Authority must ensure that the report, a nd ot her pl ans, r eferenced on a nd a ccompanying t he i ssued C onstruction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the

building is not put at risk unnecessarily)



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Commencement of Works Notice

D5. Building work, demolition or excavation in accordance with this development consent must not be commenced until the developer has given at least 2 da ys notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the

commencement of any building work, demolition or excavation) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A c igarette but t r eceptacle i s t o be pr ovided on t he s ite f or t he duration of

excavation/demolition/construction process, for convenient use of site workers.

(Reason: To ensure adequate provision is made for builders’ waste) Parking Restrictions

E2. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other device i n t he r oad s houlder or ke rbside l ane i s prohibited w ithout t he pr ior w ritten 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 e nsure t hat e xisting ke rbside pa rking pr ovisions a re not

compromised during works) Road Reserve Safety E3. All publ ic f ootways a nd r oadways f ronting and a djacent t o t he s ite m ust be

maintained i n a s afe condition a t a ll t imes dur ing t he c ourse of t he de velopment works, with no obs tructions caused to the said footways and roadways. Construction materials a nd pl ant m ust not be s tored i n t he r oad r eserve w ithout 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 t o the roadway or verge areas, clear directional signage and protective barricades m ust be i nstalled i n a ccordance w ith A S1742-3 ( 1996) “ Traffic C ontrol Devices for Work on Roads”.



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If pedestrian circulation is not satisfactorily maintained across the s ite f rontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Temporary Disposal of Stormwater Runoff E4. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the e rosion and sediment controls on t he s ite. Immediately upon completion of any impervious areas on t he s ite ( including roofs, d riveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems m ust b e i nstalled t o r easonably manage a nd c ontrol r unoff a s f ar a s t he approved poi nt o f s tormwater di scharge. S uch ong oing m easures m ust be t o t he satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Service Adjustments E5. Where required, the adjustment or inclusion of any new utility service facilities must

be c arried out b y t he person a cting on t he consent a nd i n a ccordance w ith t he requirements of t he r elevant ut ility a uthority. T hese w orks s hall be a t no c ost t o Council. It is the A pplicants f ull r esponsibility to make c ontact w ith the r elevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate s tage o f t he de velopment ( including water, phone , gas a nd t he l ike). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Progress Survey E6. In order to ensure compliance with approved plans, a Survey Certificate, prepared to

Australian H eight D atum, m ust be pr epared b y a R egistered S urveyor s howing t he following: -

a) at t he c ompletion of e xcavation, pr ior t o t he placement of a ny footings,

showing t he completed le vel of the e xcavation and its r elationship to the boundaries;

b) prior to placement of concrete at the ground floor level, showing the level of

the f orm w ork a nd i ts r elationship t o bounda ries i ncluding r elevant f ootpath and roadway levels;

c) prior to placement of concrete at each fifth f loor level showing the principal

level of the formwork and the intended relationship of the completed works to the boundary;



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d) prior to roofing, or completion of the highest point of the building showing the anticipated l evel of t he completed w ork a nd i t r elationship t o t he bound ary; and

e) at completion, works showing the relationship of the building to the boundary

and showing the maximum height of the overall works and the height of the principal roof elements.

Progress certifications in response to points (a) through to (e) must be provided to the Certifying A uthority for a pproval a t t he t ime of c arrying out r elevant pr ogress inspections. In t he e vent t hat s uch s urvey i nformation i s not pr ovided or reveals discrepancies between the approved plans and the proposed works, all works, save for works necessary to bring the development into compliance with the approved plans, must cease. Works may only continue upon notification by the Certifying Authority to the Applicant that survey information (included updated survey information following the c arrying out o f w orks t o c omply w ith t he approved pl ans) c omplies w ith t his condition. (Reason: To ensure compliance with approved plans)

Dust Emission and Air Quality E7. 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 E8. The works must be und ertaken in a ccordance w ith t he “ Interim Construction Noise

Guideline” publ ished by the N SW E nvironment P rotection A uthority, t o e nsure 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)



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Compliance with Construction Noise Management Plan E9. All works conducted on site which form part of this development must be carried out

in a ccordance w ith t he submitted C onstruction Noise M anagement P lan s ubmitted with the Construction Certificate and all conditions of consent.

(Reason: To ensure noise generating activities are appropriately managed and

nearby sensitive receivers protected) No Work on Public Open Space

E10. No work can be undertaken within adjoining public lands (ie. Parks, Reserves, Roads

etc) without the prior written consent of Council. In this regard the developer is to liaise with Council prior to the commencement of any design works or preparation of a Construction and Traffic Management Plan.

(Reason: Protection of existing public infrastructure and land and to ensure

public safety and proper management of public land) Developer's Cost of Work on Council Property E11. The developer must bear the cos t of al l works associated with the development that

occurs on Council’s property, including the restoration of damaged areas.

(Reason: To ensure the proper management of public land and funds) No Removal of Trees on Public Property E12. No t rees on publ ic p roperty (footpaths, r oads, r eserves, etc.) unl ess specifically

approved by this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets) Special Permits E13. Unless ot herwise s pecifically approved i n w riting b y C ouncil, a ll w orks, pr ocesses,

storage of m aterials, l oading a nd unl oading a ssociated w ith t he de velopment m ust occur entirely on the property. The de veloper, ow ner or bui lder m ay apply for s pecific pe rmits a vailable f rom Council’s C ustomer S ervice C entre for t he und ermentioned a ctivities on C ouncil’s property. In t he e vent t hat a pe rmit i s g ranted b y C ouncil f or t he c arrying out of works, pr ocesses, s torage of materials, loa ding and unloading associated with the development on C ouncil's pr operty, t he de velopment m ust be c arried out i n accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -



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1) On-street mobile plant

Eg. cranes, concrete pu mps, cherry-pickers, e tc. - restrictions a pply to the hours of operation, the area of operation, etc. Separate pe rmits are r equired for each occasion and each piece of equipment. It is the developer's, owner’s and bui lder’s r esponsibilities t o t ake w hatever s teps a re ne cessary t o e nsure that t he us e of a ny e quipment doe s not vi olate a djoining pr operty ow ner’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.


3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise C ouncil property for the s torage of bui lding m aterials and building w aste c ontainers ( skips) a re r equired for e ach l ocation. F ailure t o obtain the r elevant pe rmits w ill r esult i n the bui lding m aterials or bui lding waste c ontainers ( skips) be ing i mpounded b y Council w ith no a dditional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is dr awn to the e xisting ke rbside r estrictions adjacent to the development. S hould a lteration of existing kerbside restrictions be required, or t he pr ovision of a c onstruction z one, t he a ppropriate application m ust be made a nd t he f ee pa id t o C ouncil. A lternatives t o s uch r estrictions m ay require referral t o Council’s T raffic C ommittee and may t ake cons iderable time t o be r esolved. A n e arlier a pplication i s s uggested t o a void de lays in construction programs.


Construction Hours E14. 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.



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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 s tructure, c ladding, external f inish, formwork, f ixture, f itting of service i nstallation a nd the unl oading of pl ant, machinery, m aterials or t he like.

b) “Demolition works” m eans an y ph ysical activity t o t ear down o r br eak up a

structure (or pa rt thereof) or surface, or the l ike, and includes the loading o f demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, r ock br eakers, e xcavators, l oaders, or t he l ike, r egardless of whether the activities disturb or alter the natural s tate o f the existing ground stratum or are breaking up/removing materials from the s ite 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) Out of Hours Work Permits E15. Where i t i s ne cessary for w orks t o oc cur out side t hose hour s a llowed b y t hese

conditions, an application may be made to Council's Customer Services Centre for a permit t o c arry out w orks out side of t he a pproved hour s. If a pe rmit i s i ssued t he works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is a t ri sk. Applications which s eek a va riation to c onstruction hour s s olely t o b enefit t he d eveloper will require t he l odgement a nd f avourable de termination of a m odification a pplication pursuant t o t he pr ovisions of S ection 96 of t he E nvironmental P lanning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on t he s pot f ines be ing i ssued, or C ouncil p ursuing any a ction r equired (including l egal pr oceedings) t o h ave t he out of hour s w ork cease, w ithout prior warning.

2) Applications for out of hour’s works should be lodged with Council no l ater than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include: • the erection of awnings,



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• footpath, r oad a nd other i nfrastructure w orks which c an not be carried out for public convenience reasons within normal hours,

• the erection and removal of hoardings and site cranes, and • craneage of materials which cannot be done for public convenience

reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up w orks r equired t o m aintain or c atch up w ith a

construction schedule.

5) Further i nformation on pe rmits can be obtained f rom the Council website a t www.northsydney.nsw.gov.au.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community) Installation and Maintenance of Sediment Control E16. Erosion a nd s ediment controls must be ins talled and maintained at a ll time s in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion a nd s ediment measures m ust b e maintained in a ccordance w ith the publication M anaging Urban S tormwater: S oils & C onstruction ( 4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.

(Reason: To pr otect t he e nvironment f rom t he e ffects of s edimentation a nd

erosion from development sites) Sediment and Erosion Control Signage E17. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be m aintained. A s ign of t he t ype r eferred t o in t his c ondition i s a vailable f rom Council.

(Reason: To pr otect t he e nvironment f rom t he e ffects of s edimentation a nd

erosion from development sites) Site Amenities and Facilities E18. Where work involved in the erection and demolition of a building is being carried out,

amenities w hich s atisfy applicable oc cupational he alth a nd s afety a nd c onstruction safety r egulations, i ncluding a ny W orkCover A uthority requirements, m ust be provided and maintained at all times. The type of work place determines the type of amenities required.


http://www.northsydney.nsw.gov.au/�


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Further i nformation a nd de tails c an b e obtained f rom t he Internet a t www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Health and Safety E19. All w ork undertaken m ust s atisfy applicable o ccupational h ealth and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a he alth 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) Community Information E20. Reasonable m easures m ust be unde rtaken at al l t imes to keep nearby r esidents

informed about the proposed work, such as by way of signs, leaflets, public meetings and t elephone contact n umbers, t o e nsure t hat a djoining r esidents are aware o f t he likely duration of the construction works on the site

(Reason: To ensure that residents are kept informed of activities that may affect

their amenity) Prohibition on Use of Pavements E21. Building m aterials m ust not be pl aced on C ouncil's footpaths, r oadways, pa rks o r

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 E22. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, l ifts, 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 C ouncil r equirements f or pe rmits on publ ic l and f or s tanding pl ant, hoardings, s torage of materials and construction zones and the l ike a re available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)


http://www.northsydney.nsw.gov.au/�


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Waste Disposal E23. All r ecords de monstrating t he l awful di sposal of w aste m ust be r etained a nd ke pt

readily accessible f or i nspection b y r egulatory a uthorities s uch a s N orth S ydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)

Asbestos Removal E24. All de molition w orks i nvolving t he r emoval a nd di sposal of a sbestos c ement m ust

only be und ertaken b y c ontractors who hol d a c urrent W orkCover Asbestos or “Demolition Licence” a nd a cur rent W orkCover “C lass 2 (Restricted) A sbestos Licence and removal must be car ried out in accordance with National Occupational Health and Safety Commission. (Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements) F. Prescribed C onditions imposed under EP&A A ct an d R egulations an d ot her

relevant Legislation Building Code of Australia F1. All bui lding w ork m ust be c arried out i n a ccordance w ith t he pr ovisions of t he

Building Code of Australia.

(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions pr ovided i n the H ome B uilding A ct 1989) f or w hich t he 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 t o which the work relates h as given North S ydney 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.



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2) If arrangements f or doi ng r esidential bui lding work a re c hanged w hile t he work i s i n pr ogress s uch t hat the inf ormation submitted to C ouncil in accordance with this conditions is out of date, work must cease and no further work m ay be c arried o ut unl ess t he Principal Certifying A uthority f or t he 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 i ssued for t he pu rposes of t hat P art i s, for t he pur poses o f t his c lause, sufficient evidence that the person has complied with the requirements of that Part.

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent

must not be c ommenced unt il t he de veloper h as a ppointed a P rincipal C ertifying 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 unt il a Construction Certificate for the relevant part of the building w ork ha s be en issued i n a ccordance w ith t he pr ovisions of the E P&A Act and its Regulations.



Occupation Certificate F5. A person must not commence occupation or use of t he whole or any p art of a new

building (new building

includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory)



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Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 da ys notice to North Sydney Council of the person’s intention to commence the erection of the building.



Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

building m ust be e xecuted s afely and i n a ccordance w ith a ppropriate professional standards.

2) All excavations associated with the erection or demolition of a building must

be properly guarded and protected to prevent them from being dangerous to life or property.

3) 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)

Protection of Public Places F9. 1) A hoa rding and s ite fencing m ust be erected between t he w ork s ite and

adjoining public place.

2) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

3) The work site must be kept lit between sunset and sunrise if it is likely to be

hazardous to persons in the public place.

4) Any such hoarding, fence or awning is to be removed when the work has been completed.



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5) No access across public reserves or parks is permitted.

Note: Prior to the erection of any temporary fence or hoarding over property owned or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.

(Reason: To ensure public safety and the proper management of public land)

Site Sign F10. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited;

b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

c) showing the name, address and telephone number of the Principal

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

(Reason: Prescribed - Statutory)

G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior t o t he i ssue of a ny Occupation C ertificate a ny a nd a ll w orks r elating t o t he

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 a ny w orks r elating t o t he de velopment (including da mage caused b y, 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)



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Utility Services G2. All utility services shall be adjusted, to the correct levels and/or location/s required by

this c onsent, pr ior t o i ssue of a n o ccupation c ertificate. T his s hall be a t no c ost t o Council.

(Reason: To ensure compliance with the terms of this consent)

Access to Premises G3. Prior t o the i ssue of any Occupation Certificate, a c ertificate m ust be p repared an

appropriately qualified and practising Civil E ngineer certifying th at access a nd facilities f or pe rsons w ith a di sability i n accordance w ith t he B uilding C ode of Australia a nd AS D isability (Access to Premises – buildings) S tandards 2010 (Premises S tandards) has been provided. T his certificate must be submitted to, and approved by, the Certifying Authority prior to issue of the Occupation Certificate.

(Reason: Equitable access and facilities for people with a disability)

Damage to Adjoining Properties G4. All pr ecautions m ust b e t aken t o pr event a ny da mage l ikely t o be s ustained t o

adjoining pr operties. A djoining ow ner pr operty r ights and t he ne ed f or ow ner’s permission m ust be obs erved a t a ll t imes, i ncluding t he e ntering ont o l and f or t he purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G5. All utility services shall be adjusted, to the correct levels and/or location/s required by

this c onsent, pr ior t o i ssue of a n o ccupation c ertificate. T his s hall be a t no c ost t o Council.

(Reason: To ensure compliance with the terms of this consent)

Notification of New Address Developments G6. Prior to any Occupation Certificate being issued, the person acting upon t his consent

must comply with the following: -

(a) Notify Australia Post of the address(es) as issued by Council and the location in pl an f orm o f a ny secondary, i nternal a ddresses, i n r elation t o bui lt publ ic roads. C heck A ustralia P ost W ebsite ( www.auspost.com.au) t o f ind your nearest Australia Post Delivery Facility.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)


http://www.auspost.com.au/�


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Asbestos Clearance Certificate G7. For building works where asbestos based products have been removed or altered, an

asbestos cl earance c ertificate s igned by an appropriately qu alified person (being an Occupational H ygienist or E nvironmental C onsultant) m ust be s ubmitted t o a nd approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) f or t he bui lding w ork p rior t o t he i ssue o f a ny Occupation Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.

The c ertificate m ust al so be accompanied by t ipping receipts, which detail t hat al l asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is r etained on s ite the certificate mu st ide ntify th e t ype, loc ation, use, condition and amount of such material. Note: F urther d etails of lic ensed asbestos w aste di sposal f acilities c an be obt ained

from www.epa.nsw.gov.au (Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants) Sydney Water G8. A S ection 73 C ompliance C ertificate und er t he S ydney W ater Act 19 94 m ust be

obtained.

The final Section 73 Certificate must be submitted to the Certifying Authority prior to release of any l inen plan for subdivision or pr ior to occupation of the development, whichever is the earlier. The Section 73 Certificate must be submitted to the Certifying Authority prior to the issue of the Strata Certificate. [Delete as appropriate]

Notes: Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au\customer\urban\index, or telephone 13 20 92. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer ex tensions to be bui lt and charges to be paid. P lease make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. (Reason: To e nsure compliance with t he s tatutory requirements of S ydney

Water)



September 2013 v1

BASIX Completion Certificate G9. In accordance w ith C lause 154C of t he E nvironmental P lanning a nd Assessment

Regulation 2000, p rior t o i ssuing a f inal oc cupation c ertificate t he C ertifying Authority must apply to the Director-General for a BASIX completion receipt.

(Reason: To ensure compliance with the specified BASIX Certificate) House Numbering (Dwellings) G10. Prior to any Occupation Certificate being issued an application must be made to North

Sydney C ouncil for written confirmation, or allocation, of t he s treet address(es) or apartment number(s) for the completed project in accordance with Council's Property Addressing P olicy. T hese ar e t he num bers t hat will be r ecorded i n Council r ecords and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2011.

Note: If apartments are to be sold off the plan, the applicant must have written confirmation from Council of the address and apartment numbering if the apartment number is to be identified on the contract.

(Reason: To ensure that Council records are accurate, and that house numbering complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Landscaping G29 G11. The l andscaping s hown i n t he a pproved l andscape pl an endorsed pursuant t o

Condition AA1 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) Damage to Adjoining Properties G12. On completion of the development the subject of this consent and prior to the issue of

the O ccupation Certificate, a report i s t o be pr epared b y an a ppropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:

a) whether an y d amage t o adjoining pr operties ha s oc curred as a r esult of the

development; b) the na ture a nd extent of a ny d amage caused t o the a djoining pr operty as a

result of the development; c) the na ture and ex tent of works required to rectify any damage caus ed to the

adjoining property as a result of the proposed development; d) the nature and extent of works carried out to rectify any damage caused to the

adjoining property as a result of the development; and e) the na ture and extent of an y a greements ent ered i nto for r ectification of an y

damage caused to the adjoining property as a result of the development.



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The r eport and c ertification m ust r eference t he di lapidation s urvey a nd r eports 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 s atisfactory a greement f or r ectification of th e da mage is to be ma de w ith 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) Unpaved Verge G13. The unpa ved ve rge area m ust be constructed/reconstructed w ith an appropriate

species of grass prior to completion of the works at no cost to Council

(Reason: To ensure that community assets are presented in accordance with reasonable community expectations)

I. On-Going / Operational Conditions Maximum Occupancy of Boarding House I1. Accommodation for a maximum of fourteen (14) persons/lodgers is to be provided.

Six ( 6) of t he r ooms a re t o be nom inated f or s ingle o ccupancy a nd f our (4) of t he room are nominated for double occupancy. Only the nominated number of occupants are permitted to occupy their respective designated number. A sign is to be erected adjacent to the main entry/entries to the building detailing the maximum capacity of the boarding house. (Reason: To ensure the occupancy and use of the premises is in accordance with

the terms of the consent)

Boarding house – Operational Plan of Management

I2. The m anagement of t he boa rding hous e s hall be c onducted i n a ccordance w ith t he Operational P lan of M anagement endorsed pur suant t o D eferred C ommencement condition A A2, a nd m ust c omply w ith t he r equirements of t he f ollowing relevant legislation:

a) Schedule 2 ( Standards for P laces of S hared A ccommodation) t o t he

Local Government (General) Regulation, 2005 , b) the Public Health Act, 1991, c) Boarding Houses Act 2012 and



September 2013 v1

d) North S ydney C ouncil’s B oarding H ouse c ontrols unde r S ection 4 of Development Control Plan 2013.

except where otherwise amended by the conditions of this consent (Reason: To e nsure t he on going op eration of t he bo arding hous e i s i n

accordance with the terms of this consent) Bicycle Parking I3. Eight bi cycle s paces a re t o be m aintained i n t he a lcove on t he nor thern side of t he

building as designed on the approved plans at all times and is not to be repurposed for storage, garbage or s ervice unde r a ny circumstance w ithout pr ior consent be ing obtained from Council.

(Reason: To ensure the ongoing operation of the boarding house is in accordance

with the terms of this consent) CCTV Coverage I4. CCTV cove rage of t he premises is t o be pr ovided 24 hour s a da y seven da ys pe r

week. The camera placement and operation of the system shall be in accordance with the following requirements:.

(a) The C CTV s ystem shall pr ovide a 24 hour 7 da y visual time s tamped

recording with a good quality resolution minimum rate of ten (10) frames per second a t a r esolution of a t l east 640 pi xels b y 480 l ines/pixels and i nclude sound recording.

(b) The positioning of all surveillance cameras shall be made in consultation and

agreement with the Commander, Harbourside Local Area Command or his or her delegate

(c) A s ign i s t o be e rected in a prominent l ocation within t he premises advising

that the premises are under CCTV surveillance for the purpose of p rotecting the amenity of the adjoining properties.

(d) The Managing A gent is responsible for ensuring that tenants of the premises

comply w ith t he c onditions i mposed b y this c onsent and t he a pproved Management Plan of the Premises. If the CCTV system identifies a customer or vi sitor br eaching the c onditions of c onsent t hen t he m anager i s t o t ake action, including removal from the premises, and prohibition of future entry as appropriate, to ensure that there is compliance with the conditions of consent.

(e) The CCTV recordings s hall be kept for a pe riod not l ess t han 3 months and

shall be provided to Council upon request.

(Reason: To promote the safety/minimise impact on Neighbours)


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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.

Town Planning Consultants

D131/15: PROPOSED BOARDING HOUSE – 171 WEST ST, CROWS NEST Reference is made to Council’s letter dated 12 October 2015 requesting further information regarding the above DA. This letter addresses the first and third items of Council’s letter as follows:

Motorcycle parking: A request is made under Clause 4.6 of North Sydney LEP 2013 (NSLEP2013) to the motor cycle parking standard applying to the site under Clause 30(1)(h) of SEPP (Affordable Rental Housing) 2009 (ARHSEPP). It is noted that under Clause 1.9(2) of NSLEP2013, SEPP1 does not apply in North Sydney LGA. Clause 4.6 provides the exclusive power for varying a development standard of the LEP or any other planning instrument: refer Clause 4.6(2). This includes the development standards of ARHSEPP such as Clause 30(1)(h). Community Development Rehousing of existing residents and ongoing management of the boarding house.

The other items raised in Council’s letter are being addressed under separate cover by the project architect. Motorcycle parking Proposed variation Clause 30(1)(h) of ARHSEPP requires 1 motorcycle parking space for every 5 boarding rooms. The development has 10 boarding rooms and therefore would require 2 motorcycle parking spaces. The development provides nil motorcycle parking spaces. Clause 4.6 request There is no statement within ARHSEPP regarding the objective of the motorcycle parking standard. However from reading the standard in its context, it is considered that its objective is to ensure adequate provision is made for the likely transport requirements of the lodgers. Compliance with the standard is considered unreasonable and unnecessary and it is considered that there are sufficient environmental planning grounds to justify contravening the development standard because:

A 7-room boarding house has operated on the site for over 50 years without any off-street parking for vehicles such as cars or motorcycles. The boarding house operator has advised that there have been virtually no instances of lodgers owning a vehicle. While the proposal represents a minor intensification of the historical use from 7 rooms to 10 rooms, it is considered that the intended resident group will similarly have a very low average level of vehicle ownership.

The General Manager North Sydney Council PO Box 12 NORTH SYDNEY NSW 2059

ATTACHMENT TO IPP05 - 02/12/2015 Page 90

2 High-frequency bus services are available in close proximity to the site, supporting occupancy by lodgers who do not own a vehicle. It is expected that most lodgers attracted to living in this location would be working in the city or local employment centres such as Crows Nest, Artarmon and St Leonards. Availability of parking for vehicles in these centres is typically limited and can be costly. Lodgers are therefore likely to commute by bus which provides short and frequent services to the city and local centres. The profile of current lodgers submitted with the DA noted that all but one were in part-time or full-time employment. This confirms that the excellent level of public transport available to the site makes it a viable location for people who cannot afford, or choose not to own, a motor vehicle. As confirmed by the attached Management Proposal from Link Housing Ltd, it is intended that the boarding house will be managed by Link which is a registered community housing provider. The correspondence states that “We have a number of properties without any car-parking and feel that we would be able to source an adequate number of tenants who do not have cars for these much sought after affordable housing.” Provision is made for additional on-site parking for bicycles (8 in total) which provides a practical alternative means of transport to vehicles in this location. Proximity of Cammeray Square and Crows Nest shopping centres and Northern Sydney TAFE within easy walking and cycling distance of the site further supports occupancy by lodgers who do not own a vehicle. A dedicated on-street parking space for a car share vehicle is provided around the corner on Ernest St, 20m from the site. This provides an economical and convenient alternative for any lodgers who need to utilise a vehicle rather than walk or cycle. The author is a motorcycle owner and uses a motorcycle for regular commuting and other trips primarily because it can be more easily parked on street than cars. Any lodgers who do own a motorcycle would therefore experience little difficulty in finding on-street parking in reasonable walking distance to the site. Because the luggage carrying capacity of a motorcycle is limited, this does not impose any significant burden for the user. The additional space freed up by deletion of the former motorcycle parking area has been used to provide a larger communal laundry, storeroom and communal living room. This will improve the functionality of the boarding house and amenity for lodgers.

As noted in the Statement of Environmental Effects submitted with the DA (pg8), the development is consistent with the zone objectives. In particular, it: increases the supply of accommodation to meet housing needs, including housing for lower income households which is in particularly short supply; expands the variety of housing types and densities available in the area.

The proposed variation of the motorcycle parking standard is therefore considered to be within the public interest. Planning Circular PS08-003 issued 09/05/08 advises that the concurrence of the Director-General of Planning may be assumed for exceptions to development standards under environmental planning instruments that adopt Clause 4.6 of the Standard Instrument. As the variation is consistent with the objectives of the standard and the zone, concurrence can be assumed. It is therefore requested that Council exercise the discretion available under Clause 4.6 to permit the proposed variation of the motorcycle parking standard.


3 Community Development The owner has confirmed that it is intended to engage Link Housing Ltd to manage the boarding house in accordance with the attached Management Proposal. The proposal states that: “Link Housing would be able to assess the current resident’s needs and direct them to alternative accommodation, either the market sector or applying for public housing.” It is therefore considered that adequate measures will be made to assist existing residents to secure alternative housing and for ongoing management of the boarding house by people on low and moderate incomes. Yours sincerely

Mark Shanahan BTP (Hons) Dip Law (LPAB) MPIA Director


Item - REPORTS - North Sydney Council

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