Agenda of Ku-ring-gai Local Planning Panel Meeting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Ku-ring-gai’s heritage is protected, promoted and responsibly managed.	Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets.	Implement, monitor and review Ku-ring-gai’s heritage planning controls including the development of a heritage strategy.

APPENDIX No: 1 - Development Assessment Report

Item No: GB.3

development application

ASSESSMENT REPORT

REPORT TITLE:

60 Ku ring gai Avenue, Turramurra - Internal alterations and additions, landscaping and sauna

Application No:	DA0470/20
Property Details:	60 Ku-ring-gai Avenue, Turramurra Lot 12 DP 713685 1979.00m² R2 Low Density Residential
Ward:	Wahroonga
Proposal/Purpose:	Internal alterations and additions, landscaping works and sauna
Type of DEVELOPMENT:	Local
Applicant:	Stephanie Sally Craddock
Owner:	Mr JB Craddock, Mrs SS Craddock
Date Lodged:	2 December 2020
Recommendation:	Approval

Purpose of Report

To determine Development Application No DA0470/20 for internal alterations and additions, landscaping works and sauna.

This application is reported to the Ku-ring-gai Local Planning Panel in accordance with the Minister’s S 9.1 Local Planning Panels Direction, dated 30 June 2020 for determination as it proposes a departure from a development standard in excess of 10%.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Applications are assessed in accordance with state and local plans.

Assessments are of a high quality, accurate and consider all relevant legislative requirements

Executive Summary

Issues:	Installation of a skylights which breach the maximum building height standard.

Submissions:	Nil

Land and Environment Court:	N/A

Recommendation:	Approval

HISTORY

Site history:

The site has a history of residential use.

Previous applications history:

A Pre-DA consultation was not undertaken.

Council’s records show a history of applications relating to the site as follows:

Type	Application	Description	Decision	Date
ConvDA	3620/93	Add carport and front fence to heritage listed property (SB) (W)	Approved	27/07/1993
ConvBA	93/01544	Proposed carport and front fence to dwelling	Approved	09/12/1993
DA	DA0745/07	Heritage Property - Additions and Alterations	Approved	26/11/2007

Current Development Application

Date	Action
2 December 2020	Application lodged.
17 December 2020	The application was notified to neighbouring property owners for a period of 14 days. No submissions were received.
2 March 2021	Council sent a letter to the applicant seeking additional information. Matters raised in the letter included: I. a request for additional information concerning trees (arboriculture assessment). II. plans to provide additional information with respect to levels. III. details demonstrating that the proposed pool fencing is consistent with the Swimming Pools Act 1992
21 March 2021	Amended plans and documentation were received
24 June 2021	Council sought an amended Clause 4.6 variation request.
2 July 2021	An amended Clause 4.6 objection was received by Council.

THE SITE

Figure 1 – aerial photograph of the site

Site description:

The subject site is legally described as Lot 12 in DP 713685 and as known as No 60 Ku-ring-gai Avenue, Turramurra. The site is a corner allotment and is irregular in shape, with a frontage of approximately 49.6 metres to Ku-ring-gai Avenue and a secondary frontage of approximately 45m to Boomerang Street. The site has an average depth of 45 metres and a total area of 1,979m². The site falls from the south-eastern corner (Ku-ring-gai Avenue) to the north-western corner (Boomerang Street). Located on the western side of Ku-ring-gai Avenue, the site is positioned on the low side of the street.

The site currently accommodates what predominantly presents as a two storeys dwelling of brick construction with a pitched tiled roof. The site is a local heritage item and falls within a heritage conservation area. The site is also occupied by a swimming pool, tennis court and ancillary structures. The site has driveway access to both Ku-ring-gai Avenue and Boomerang Street.

Constraint:	Application:
Visual character study category	Pre - 1920
Easements/rights of way	Easement to drain water 2.5 metre wide
Heritage Item - Local	Yes
Heritage Item - State	No
Heritage conservation area	Yes - Ku-ring-gai Avenue HCA
Within 100m of a heritage item	Yes – The site is within 100 metres of the following listed items. - 12 Wonga Street 54, 61, 70, 73, 75, 77 Ku-ring-gai Avenue
Bush fire prone land	No
Natural Resources Biodiversity	No
Natural Resources Greenweb	No
Natural Resources Riparian	No
Within 25m of Urban Bushland	No
Contaminated land	No

Surrounding development:

The immediate locality is characterised by a mixture of dwelling houses on an equally mixed selection of allotments with respect to their size and shape. A substantial number of properties in the locality have a swimming pool and tennis court.

The properties that surround the site are mainly zoned R2 Low density Residential. Ku-ring-gai Avenue derives its fine aesthetic qualities from its collection of grand Federation period residences set in generous and well-proportioned garden settings, which blend into the mature brush box avenue street tree planting. Prominent Sydney architects designed many of these residences.

The built character of the Ku-ring-gai Avenue Heritage Conservation Area features a predominance of two storey late 19th century Federation period mansions. The majority of the residences are of the Federation Queen Anne style, on large lots with large mature gardens, interspersed with a smaller number of later 1 and 2 storey houses.

The area presents high-quality Federation period streetscapes, including Federation period street tree planting and mature gardens. The buildings from the key periods of significance for the area - Federation period 1890s-1914, and the Inter War period are predominantly of brick construction with slate or terracotta tile roofs and timber-framed windows.

THE PROPOSAL

The application proposes the following works:

Site works

· partial excavation of western rear yard to create lowered garden terrace adjoining the lower ground floor rumpus room

· replacement of existing vehicular gates across the driveway and a new pedestrian gate on the northern boundary to match existing fencing

· replacement of the existing rendered retaining wall

· new stairs to the pool area, pool equipment storage and low brick planter bed

· replacement of the existing pool area paving with new paving

· replacement of the existing glass pool fencing with new steel palisade style fencing

· construction of a new outdoor kitchen, sunken spa, sauna and steel pergola structure

· construction of a new awning at front of garage forward of a deck with staircase down to lower ground floor

· landscaping works

Lower ground floor

· removal of the existing workshop walls to accommodate a new car space with car slider

· removal of the existing staircase to the rumpus and construction of a new stair case to the ground floor

· replacement of the existing bi-fold door to the rumpus with a new timber framed stacking door

Ground floor

· refinishing of the walls to the existing formal living, formal dining and cigar rooms

· new opening, with face sliding door, to western wall of formal dining room

· replacement of the existing linen room and WC with new powder room and store

· new window in the western wall of Bedroom 5 to match the existing

· refurbishment of the kitchen/dining/living room with a new fit-out (fit out not shown)

· existing roof to be rebuilt to create a raked ceiling. Roof profile and cladding to be retained

· replacement of the bi-fold door to eastern wall of the kitchen/dining/living room with a timber framed stacking door

· replacement of the existing bay windows to the northern wall of the kitchen/dining/living room with a vertical sliding and stacking windows

· replacement of the existing window to northern wall entry with new glazed pivoting entry door and sidelight

· new skylight to the entry

· removal of the existing windows and doors to the existing sun room to create a verandah.

· new openings within the northern wall of the sunroom

· replacement of the timber parquetry floor of the veranda with new decking

First floor

· removal of the existing bathroom and construction of a timber stair case linking the first floor to the attic level. Installation of a lift adjacent to the stare case linking the first floor and attic level

· new skylight to the rear stairs

· new en-suite to the Bedroom 2 sunroom.

· new en-suite and robe to the Bedroom 3 sunroom

Attic floor

· construction of a new attic floor level within the existing roof void, including master bedroom, en-suite and storage with three skylight windows to the western roof slope

Amended plans and documentation dated 21 April 2021

Amended plans and documentation were received in response to Council’s letter dated 2 March 2021. The amended plans proposed the following:

· modifications to the pool area enclosure to ensure the development was compliant with the Swimming Pools Act 1992

The additional documentation comprised:

· provision of an Arboriculture Impact Assessment Report

Amended documentation dated 2 July 2021

In response to a request for additional information in Council’s letter dated 24 June 2021, an amended Clause 4.6 variation request was submitted. The amended Clause 4.6 variation request addresses the building height breaches caused by the proposed skylights.

CONSULTATION

Community

In accordance with Appendix 1 of the Ku-ring-gai Community Participation Plan, owners of surrounding properties were given notice of the application. No submissions were received.

Amended plans and documentation dated 21 April 2021 and 2 July 2021

The amended plans were not required to be notified to surrounding residents, pursuant to Council’s Community Participation Plan, as the proposed amendments do not result in a greater environmental impact than the original proposal.

Internal referrals

Heritage

Council's Heritage Advisor commented on the proposal as follows:

Heritage status

KLEP 2012 (Local Centres)	Yes
Local Heritage Item	Yes (I153)
Heritage Conservation Area	Yes (C6B)
Immediate vicinity of a heritage item	Yes (I790)
Immediate vicinity of a HCA	Yes (C6A)

Statement of Significance

Below is Council’s heritage inventory sheet regarding the statement of significance for the Heritage Conservation Area/Heritage Item and the State Heritage Inventory sheet detailing the statement of significance for No. 60 Ku-ring-gai Avenue:

‘Reasons for listing; historic, cultural, social, architectural, state significance.’

‘The Ku-ring-gai Avenue Heritage Conservation Area is of historic, aesthetic, social and technological significance as one of the most socially prestigious Federation period streets in Sydney and potentially New South Wales. Ku-ring-gai Avenue derives its fine aesthetic qualities from its collection of grand Federation period residences set in generous and well-proportioned garden settings which blend into the mature brush box avenue street tree planting. Many of these residences were designed by prominent Sydney architects, including Thomas Frame Cosh (of Slatyer & Cosh, Spain & Cosh), Arthur Stanton Cook, G.M. Pitt junior, Robertson & Marks and Sir John Sulman.

The HCA is also of historical and social significance for its association with the important artist Grace Cossington Smith, whose works were inspired by her home and its setting; and for its association with prestigious and influential early residents including the Penfold family (stationers) and many of Sydney’s most prominent early twentieth century architects, including Charles Slatyer, Thomas Frame Cosh, John Spencer Stansfield, Sir John Sulman and Arthur Stanton Cook.’

Controls

The following heritage controls apply:

*19B.1 Demolition within HCAs*
*Development Controls*	*Complies*
1 The demolition of Heritage Items and contributory buildings within HCAs is not supported	*YES*
2 In considering applications for partial demolition of buildings, structures and landscape features (including significant trees) within HCAs, Council will assess: i) the significance of the building part or structure and/or landscape feature and whether its retention is considered necessary; ii) its contribution to the streetscape; iii) potential for modifying and/or removing neutral and/or uncharacteristic elements that would re-establish the contributory status of the building or structure within the HCA; iv) opportunities for adaptive re-use of the building	*YES*
*Archival Recordings*
3 In a situation where demolition is approved, Council may require an archival and photographic record of the building and grounds (in accordance with the NSW Heritage Branch guidelines) before and during works.	*YES*
*19B.2 Demolition related to a Heritage Item*
1 The demolition of a Heritage Item, including buildings, other structures, trees and landscape features, is not supported.	*YES*
*Partial Demolition of a Heritage Item*
2 In considering applications for partial demolition of a Heritage Item (including parts of buildings and other structures, trees and landscape features), Council will assess: i) the significance of the building part or structure and/or landscape features and whether its retention is considered necessary; ii) its contribution to the significance of the Heritage Item as a whole; iii) whether all alternatives to demolition have been considered with reasons provided as to why the alternatives are not acceptable	*YES*
*Archival Recordings*
3 If development consent is granted for demolition of whole or part or all of a Heritage Item, Council may require an archival and photographic record of the building and grounds (in accordance with the NSW Heritage Branch guidelines) before and during works.	*YES,* *subject to Condition 6*

*19C DEVELOPMENT WITHIN HCAS: ALTERATIONS AND ADDITIONS*
*Development Control*	*Complies*
*19C.1 Local Character and Streetscape*
*Built Form*
1. Alterations and additions are to respect the heritage significance and predominant architectural character of the HCA	*YES*
2. Proposed works to contributory buildings are to retain the original character of a building.	*YES*
*Corner Sites and Secondary Street Frontages*
3. Consider the impact of proposals on both street frontages.	*YES*
4. Landscaping is required to both street boundaries	*YES*
5 New development or additions are to be located to minimise impact on existing prominent trees.	*YES*
6. New side fences should be designed and located to maintain the streetscape character.	*YES*
*19C.3 Gardens and Landscaping*
1. The established landscape character is to be retained.	NO
2. Original garden features to remain	NO
*19C.4 Access and Parking*
*Driveways*
1. Retain original and existing rear lane or side entry vehicle access.	*YES*
2.. New parking areas, garages and driveways are not to dominate.	*YES*
3. Finishes matching original driveway finishes or be appropriate to HCA.	*YES*
*19C.5 Building Design*
*Materials, Colours and Details*
1. Materials board and details of the colour scheme to be submitted.	*YES*
2 Significant unpainted surfaces not to be rendered, coated or painted	*YES*
3 The removal of later layers of paint from original face brickwork and stonework is encouraged.	*YES*
4. Significant materials and finishes are to be retained and repaired.	*YES*
5. Significant materials, finishes and details are to be retained.	*YES*
6. Contemporary materials are permitted for new work where they blend in.	*YES*
*Repairs, Maintenance and Restoration*
7. The repair and maintenance of contributory buildings is encouraged.	*YES*
8. In repairing the fabric of external surfaces use matching materials.	*YES*
*Verandahs*
9. Original verandahs to the front and visible side elevations of contributory buildings are to be retained. Infilling of verandahs is not permitted.	*YES*
*Doors and Windows*
10. Original doors and windows to principal and secondary elevations of contributory buildings are to be retained.	*YES*
11. The repair and restoration of original doors and windows to principal and secondary elevations of contributory buildings is encouraged.	*YES*
12. New doors and windows in additions and alterations are to be compatible existing doors and windows	*YES*
13. New windows to principal and secondary elevations of contributory buildings are to be appropriate in form and material for the style of the house	*YES*
*19C.6 Roof Forms and Structures Attached to Roofs*
*Roofs, Chimneys, Dormers, and Skylights*
1. Fireplaces and chimneys in HCAs and are to be retained	*YES*
2. Roof forms and details to be retained.	NO
3. Attic rooms are to use existing roof forms	*YES*
4. Skylights and dormer windows are not to be used on the street facing elevations	*YES*
5 New or replacement roof materials are to match, existing roof materials.	*YES*
*20C.8 Fencing*
*New Front Fences*
5 Replacement of unsympathetic fences, gates and walls with new elements of appropriate height, style and materials is encouraged.	*YES*
6 Where historic records and physical evidence exists, new front fencing is to reinstate the original	*YES*
7 Where no evidence is available to guide reconstruction of missing fences to contributory properties, new front fencing is to match the architectural style of the house, the period of construction and the character of the immediate streetscape	*YES*
8 No metal panel fencing is to be constructed within an HCA.	*YES*

*19E HERITAGE ITEMS*
*Development Controls*	*Complies*
*19E.1 Building Design*
*Alterations and Additions – External*
1 All works to a heritage item are to comply with the controls in this section regardless of whether the property is located in an HCA or not.	NO
2 Development applications for works to a Heritage Item require a materials board and details of the colour scheme and finishes to be submitted.	*YES*
3 New work to heritage items may be identifiable as new; however, works are to respect and have minimal impact on the property heritage significance.	*YES*
4 All significant built features of a heritage item are to be retained and conserved.	*YES*
5 Original materials, finishes and details are to be retained and their repair using traditional techniques in encouraged.	NO
6 Alterations and additions are to respect the scale, form, height, materials and colours of the heritage item	*YES*
7 Alterations and additions are be located at the rear or side of the building to maintain the integrity of the prominent elevations and streetscape contribution.	*YES*
8 Extensions, alterations and additions are not to visually dominate or compete with the original scale of the existing building.	*YES*
9 The re-instatement of missing elements and details, where known, and the removal of past unsympathetic changes, is encouraged.	*YES*
*Alterations and Additions - Internal*
10 Major internal alterations resulting in the loss of significant interior details, finishes, built fabric, room layout and original floor plan are unlikely to be supported unless it can be demonstrated that there is no adverse impact.	*YES*
11 All significant interior spaces and fabric of heritage items are to be retained and conserved.	*YES*
12 Original materials, finishes and details are to be retained and their repair using traditional techniques in encouraged	*YES*
*19E.3 Gardens and Landscaping*
1 Trees, and garden elements and structures which contribute to the significance of the heritage item are to be retained and conserved.	*YES*
2 New gardens should be horticulturally and stylistically sympathetic to the period of the HCA. The use of similar materials such as sandstone, brick and gravel is encouraged.	*YES*
3 The use of a variety of plant species to avoid mono-cultural plantings along street frontages and as screen planting is encouraged.	*YES*
4 High solid hedges that screen the dwelling from the street are not permitted	*YES*

*DEVELOPMENT IN THE VICINITY OF HERITAGE ITEMS OR HERITAGE CONSERVATION AREAS (HCAS)*
*Development Controls*	*Complies*
*19F.1 Local Character and Streetscape*
General 1 All development in the vicinity of a heritage item or HCA is to include a Heritage Impact Statement.	*YES*

2 Development on sites that either directly adjoin or are in the vicinity of a heritage item or an HCA is to have regard to: i) the form of the existing building or buildings including height, roofline, setbacks and building alignment; ii) dominant architectural language such as horizontal lines and vertical segmentation; iii) proportions including door and window openings, bays, floor-to ceiling heights and coursing levels; iv) materials and colours; v) siting and orientation; vi) setting and context; vii) streetscape patterns.	*YES*
*Views*
3. New development in the vicinity of a heritage item or HCA is to demonstrate that it will not reduce or impair important views to and from the Heritage Item from the public domain.	*YES*
*19F.2 Building Setbacks*
*Setbacks*
*19F.3 Gardens and Landscaping*
*Gardens, Setting and Curtilage*
1 Development in the vicinity of a heritage item or an HCA is to: i) retain original or significant landscape features associated with the heritage item or HCA, or which contribute to its setting ii) retain the established landscape character of the Heritage Item or HCA. iii) include appropriate screen planting on side and rear boundaries.	*YES*
*19F.4 Fencing*
*Fences on adjoining sites*
1 New front fences on adjacent sites are to be no higher than the front fences of the adjoining Heritage Item or HCA. Open and transparent front fences such as timber or metal picket are preferred.	*YES*
2 No metal panel fencing is to be constructed on any boundary of a Heritage Item.	*YES*

The non compliances with Council’s heritage controls are addressed below.

19E HERITAGE ITEMS

19E.1 Building Design

Alterations and Additions – External

5) Original materials, finishes and details are to be retained and their repair using traditional techniques in encouraged.

Cut-outs in the roof for skylights are very large in size, however, the street facing portions of the roof form is to be left intact without perforation. Although the proposal is non-compliant, the impact to fabric is acceptable in this instance as the perforations only pertain to sections of the roof not interpretable from the public domain.

Removal of any original/early terracotta shingles is considered acceptable as they will not need to be cut or damaged to enable the proposed design, they may simply be removed and stored on-site for use in future patch and repair instances. The heritage impacts in light of the aforementioned are acceptable. The roof will remain to be interpreted as intact from the streetscape.

19C.6 Roof Forms and Structures Attached to Roofs

Roofs, Chimneys, Dormers, and Skylights

2 Roof forms and details to be retained.

The proposal is in technical non-compliance with this clause as there will be portions of roofing to be removed including some original structural members and roofing materials. The overall form of the roof is to remain which is a desired and acceptable outcome. The structure associated with the roof form is not what renders the dwelling significant and as such, it may be removed.

The areas where the skylight well and stairs to the new ceiling room are to be reticulated into the dwelling will necessitate the removal of later addition ceiling linings and modified fabric pertaining to an upstairs storage room. This layout poses no material/fabric impacts as there is no fabric of note to be removed within the area the stairs and principal skylight are to be located.

Removing portions of original terracotta shingles to make way for the perforations poses no material impacts as they may simply be removed and stored on-site for use in future patch and repair instances. The heritage impacts in light of the aforementioned are acceptable.

19C.3 Gardens and Landscaping

1. The established landscape character is to be retained.

2. Original garden features to remain

The landscape design has been amended from an initially native species focussed planting schedule to that of a landscape design featuring diverse exotic species. The amended design will render the new garden design consistent with the architectural character of the house. Dwellings of this period featured gardens with exotic species, which the amended schedule is consistent with.

Recommendation

Although the proposal seeks to perforate an original roof form, there will be no streetscape impacts regarding this loss in fabric as the alterations will not be perceived from the public domain. The areas where the skylight well is to be reticulated into the dwelling will necessitate the removal of later addition ceiling linings which pose no material/fabric impacts.

The roof space is to be utilised as a room and will be experiencing alterations and loss of portions of the original timber framing to facilitate space. This is an acceptable impact as the intactness of the internal roof form is not why this dwelling is significant in its statement of significance and, the roof will be interpreted as is (intact) from the HCA.

Landscaping

Council's Senior Landscape and Tree Assessment Officer commented on the proposal as follows:

SEPP (Building Sustainability Index: BASIX) 2004

Part 3 Aims

Proposed

Satisfies

To encourage sustainable residential development

There are no landscape commitments in the BASIX.

YES

*KDCP COMPLIANCE TABLE*
*Control*	*Proposed*	*Complies*
*Part 4A.4 Landscaping and Part 13 Tree and Vegetation Preservation*
Landscape proposals are to retain existing trees where possible	The proposal includes the removal of existing trees. The following comments are made: - The removal of T7 Bauhinia variegata (Orchid Tree) is supported as the tree is suppressed and does not contribute to the broader landscape setting. To minimise further impact to other trees in close proximity it can be conditioned for the tree to be removed to ground level only with no stump grinding – Condition 34. - The removal of the established Leighton’s Green Cypress hedge is acceptable. While providing screening, the hedge is a contemporary planting and does create an amenity issue due to its density and height. - T1 is a mature Jacaranda mimosifolia (Jacaranda) located adjacent to the western site boundary with an identified TPZ of 6.5 metres. Tree 1 is shown to be retained with excavation of approximately 600 millimetres within the TPZ. The extent of excavation has been significantly reduced with the amended proposal within an acceptable threshold to enable the viability of the tree. - Tree 5 Ficus rubignosa (Port Jackson Fig) and Tree 6 Brachychiton acerifolius (Illawarra Flame Tree) located adjacent to the northern site boundary are shown to be retained. Development encroachments are assessed as being within an acceptable threshold for the viability of both trees.	*YES*
Tree replenishment and planting to be provided.	Not required due to existing tree canopy	*YES*
*Part 19 Heritage Items and Heritage Conservation Areas*
19E.3 Gardens and Landscaping – Heritage Items	The landscape works propose a designed landscape outcome with exotic species appropriate for the heritage item and HCA.	*YES*
*Part 21 General Site Design*
21.1 Earthworks and Slope	Minimal earth works are proposed in association with the proposed works. In this regard, the proposal is considered acceptable.	*YES*
21.2 Landscape Design To ensure the landscape design and species selection is suitable to the site its context and considers the amenity of residents and neighbours.	As per DCP Part 19E.3, Control 2 new gardens shall be horticulturally and stylistically sympathetic to the period of the HCA. The landscape works propose a designed landscape outcome with exotic species appropriate for the heritage item and HCA.	*YES*

Recommendation:

The proposal is acceptable with conditions (Conditions 7, 8, 9, 10, 11, 24, 32, 33, 34, 35, 36, 37, and 44). The Tree Protection Plan is to be included in Condition 1.

Engineering

An engineering referral was not necessary for this application.

External Referrals

Not applicable.

STATUTORY PROVISIONS

State Environmental Planning Policy No. 55 – Remediation of Land

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site has a history of residential use and, as such, it is unlikely to contain any contamination and further investigation is not warranted in this case.

New Remediation of Land State Environmental Planning Policy (new Remediation of Land SEPP)

An explanation of intended effect for a new Remediation of Land SEPP and draft planning guidelines was exhibited between 31 January 2018 and 13 April 2018. It is proposed the new land remediation SEPP will:

· require all remediation work that is to be carried out without development consent, to be reviewed and certified by a certified contaminated land consultant,

· categorise remediation work based on the scale, risk and complexity of the work, and

· require environmental management plans relating to post-remediation management of sites or ongoing operation, maintenance and management of on-site remediation measures (such as a containment cell) to be provided to Council.

The development has been considered against the exhibited documents and considered to be consistent with the aims and intentions of the new Remediation of Land SEPP.

Sydney Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A valid BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and is consistent with commitments identified in the application documentation.

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

SREP 20 applies to land within the catchment of the Hawkesbury Nepean River. The general aim of the plan is to ensure that development and future land uses within the catchment are considered in a regional context. The Plan includes strategies for the assessment of development in relation to water quality and quantity, scenic quality, aquaculture, recreation and tourism.

The proposed development is considered to achieve the relevant aims under this policy as water re-use will minimise the impact on downstream waterways.

Draft Environment SEPP

The draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. The consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways and urban bushland areas. Changes proposed include consolidating a number of SEPPs, which include:

· State Environmental Planning Policy No. 19 – Bushland in Urban Areas

· Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2 1997)

· Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The proposal is not inconsistent with the provisions of the draft SEPP.

Local Content

Ku-ring-gai Local Environmental Plan 2015

Ku-ring-gai Local Environmental Plan 2015 is the applicable LEP for the subject site.

Aims of the KLEP 2015

The Ku-ring-gai Local Environmental Plan 2015 is the primary environmental planning instrument that applies to the subject site. In summary, the relevant aims seek to:

· guide the future development of land and the management of environmental, social, economic, heritage and cultural resources within Ku-ring-gai

· recognize, protect and conserve Ku-ring-gai’s indigenous and non-indigenous cultural heritage

· encourage a variety of housing types within Ku-ring-gai

· protect the character of low density residential areas and the special aesthetic values of land in the Ku-ring-gai area

The relevant aims of the KLEP are achieved because the development has been designed to conserve and protect the heritage significance of the site. The development achieves the desired living arrangements for the its residents while ensuring the heritage significance of the site is maintained and conserved. The development maintains the character of the local area and particularly of this important heritage conservation area.

Zoning and permissibility:

The site is zoned R2 Low Density Residential under the Ku-ring-gai Local Environmental Plan 2015. The proposed development is defined as alterations and additions to an existing dwelling house and is permissible development within the zone. The objectives of this zone seek to:

· provide for the housing needs of the community within a low-density residential environment

· enable other land uses that provide facilities or services to meet the day-to-day needs of residents

· provide for housing that is compatible with the existing environmental and built character of Ku-ring-gai.

The development:

· provides for the housing needs of the current owners in the low density residential environment

· is appropriately designed to maintain the heritage significance of the site and the existing environmental and built character of the immediate locality and therefore Ku-ring-gai area

The proposed development therefore upholds the relevant zone objectives.

Development standards:

Ku-ring-gai Local Environmental Plan 2015

Development standard	Proposed	Complies
Cl 4.1 - Minimum subdivision lot size: Minimum Lot Size – 930m²	No subdivision proposed 1,979.00 m²	YES
Cl 4.3 - Height of buildings: Maximum Building Height - 9.5 metres	The existing roof is 11.8 metres to its pitch. Proposed skylights are considered additional non compliant works. W7 – 1m above 9.5m (10.5% variation) W8 – 1m above 9.5m (10.5% variation) W9 – 1.3m above 9.5m (13.6% variation) W10 – 2.1m above 9.5m (22.1% variation)	NO
Cl 4.4 - Floor space ratio (FSR): Maximum Floor Space Ratio - 0.3:1	0.26:1 (529m²)	YES

Development standard

Proposed

Complies

Cl 4.1 - Minimum subdivision lot size:

Minimum Lot Size – 930m²

No subdivision proposed

1,979.00 m²

YES

Cl 4.3 - Height of buildings:

Maximum Building Height - 9.5 metres

The existing roof is 11.8 metres to its pitch.

Proposed skylights are considered additional non compliant works.

W7 – 1m above 9.5m (10.5% variation)

W8 – 1m above 9.5m (10.5% variation)

W9 – 1.3m above 9.5m (13.6% variation)

W10 – 2.1m above 9.5m (22.1% variation)

Cl 4.4 - Floor space ratio (FSR):

Maximum Floor Space Ratio - 0.3:1

0.26:1 (529m²)

YES

Clause 4.6 Exceptions to development standards

The proposed development breaches the Clause 4.3 maximum height of buildings development standard contained in the LEP. The breaches relate to the installation of skylights to the existing roof, which effectively propose the following breaches listed below:

· W7 – 1m above 9.5m (10.5% variation)

· W8 – 1m above 9.5m (10.5% variation)

· W9 – 1.3m above 9.5m (13.6% variation)

· W10 – 2.1m above 9.5m (22.1% variation)

The applicant has made a written submission pursuant to Clause 4.6, seeking to vary the maximum building height development standard. Clause 4.6 provides flexibility in applying certain development standards, an assessment of the request to vary the development standard is provided below. Clause 4.6 provides:

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.

The development standard to which this request for contravention relates is Clause 4.3 of KLEP 2015– Height of buildings, which specifies that:

Clause 4.3 – Height of buildings

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

The nominated maximum height on the map is 9.5 metres. With respect to the proposed non-compliance, the proposed development does not increase the overall maximum height of the dwelling, which is 11.8 metres to the ridge level or the chimney being 13.4 metres to its top. The extent of proposed development does not alter the external appearance of the roof above 9.5 metres other than the installation of skylights, which protrude above the roof profile and the maximum height limit, as described below.

The applicant has provided sections through each of the skylights indicating the construction of the light wells into the roof space. Effectively, the only works that are external to the existing roof form are the skylights, which are the only proposed breaches to the height limit.

The skylights which exceed the maximum building height limit are:

· internal lining of attic space: 1.6 metres (see Figure 2);

· W7: 1.0 metre above 9.5 metres being a 10.5% variation (see Figure 2);

· W8: 1.0 metre above 9.5 metres being a 10.5% variation (see Figure 3);

· W9: 1.3 metres above 9.5 metres being a 13.6% variation (see Figure 2);and

· W10: 2.1 metres above 9.5 metres being a 22.1% variation (see Figure 5).

Figure 2: Illustration of contravention by skylight W7 (shown with dashed red line)

Figure 3: Illustration of contravention by skylight W7 (shown with dashed red line)

Figure 4: Illustration of contravention by skylight W9 (shown with dashed red line)

Figure 5: Illustration of contravention by skylight W10 (shown with dashed red line)

Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

The applicant states that compliance with the development standard is unreasonable or unnecessary for the following reasons:

“The existing roof already exceeds the maximum height limit by 3.9 metres. Works associated with the skylight wells and finishes therein to the create the attic rooms are wholly contained within the roof area.

The only portion of the works that is external to the existing roof form are the skylights.

Furthermore:

· The objectives of the development standard are met); and

· The objectives of the zone are met; notwithstanding the non-compliance.

Compliance with the development standard is unreasonable given that:

· The contravention results from an existing contravention and would, if strictly applied, prevent any work to the existing structure of a heritage item which already exceeds the height limit”.

Given that the proposed skylights are below the main ridge level of the existing dwelling and the extent of variation to the maximum roof height is not altered by the proposed works, it is considered that compliance with the maximum building height development standard is unreasonable and unnecessary in the circumstance of the case.

Whether there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant states that the following environmental planning grounds justify contravening the development standard:

‘The contravention would result from internal work to the parts of the existing roof space which already contravene the development standard and the provision of skylights to portions of the roof already breaching the height limit.

The contravention would:

· Allow work to and within existing elements of the existing building;

· Promote the conservation of the existing heritage item on the site and its adaptation for contemporary living ensuring that the dwelling accommodates the living arrangements of the family occupying it further ensuring its conservation’.

The breach to the maximum height of buildings standard is a consequence of the adaptation of the roof space of a heritage item for ongoing residential use, the design solution assists in ensuring the dwelling’s conservation by minimising changes to the Item to preserve its heritage importance, which provides sufficient environmental planning grounds to justify the departure.

Whether the proposed development will be in the public interest because it is consistent with the objectives for development within the zone in which the development is proposed to be carried out.

The objectives of the R2 Low Density Residential zone seek to:

· provide for the housing needs of the community within a low-density residential environment

· enable other land uses that provide facilities or services to meet the day-to-day needs of residents

· provide for housing that is compatible with the existing environmental and built character of Ku-ring-gai

With respect to the objectives of the zoning, the applicant advises that:

· ‘the proposal would maintain the existing low density, single occupancy use of the site as a dwelling house

· ‘the proposal provides for the day-to-day needs of the residents with respect to their current living arrangements

· ‘the proposal would not alter the existing character of the site or broader locality

The proposal remains consistent with the objectives of the zone, for the reasons provided by the applicant.

Whether the proposed development will be in the public interest because it is consistent with the objectives of the development standard.

The objectives of the development standard are:

Clause 4.3 Height of a building

(1) The objectives of this clause are as follows—

(a) to ensure that the height of buildings is appropriate for the scale of the different centres within the hierarchy of Ku-ring-gai centres

(b) to establish a transition in scale between the centres and the adjoining lower density residential and open space zones to protect local amenity

(c) to enable development with a built form that is compatible with the size of the land to be developed

The applicant states that:

• ‘the proposed development would retain the scale of the existing heritage item on the site and be consistent with it

• the proposal would maintain the existing transitions in scale established by the existing building

• the existing built form would not be altered’

Despite the non-compliance, the proposal remains consistent with the objectives of Clause 4.3 maximum height of a building, for the reasons provided by the applicant.

Concurrence of the Planning Secretary

Planning Circular PS 20-002 issued on 5 May 2020 informed Council that it may assume concurrence for exceptions to development standards. However, any variation to a numerical standard that exceeds 10% or relates to a non-numerical standard must be considered by the Ku-ring-gai Local Planning Panel.

Any State or regional significant planning matters raised by contravening the standard

Variation of the standard in this instance will not impact upon any State or regional planning matters.

The public benefit of maintaining the standard

Variation of the standard in this instance will not undermine the public benefit of maintaining the standard in this instance.

Development standards that cannot be varied

The variation to the development standard is not contrary to the requirements in subclauses (6) or (8) of clause 4.6.

Accordingly, the Clause 4.6 variation request submitted by the applicant is considered to meet the relevant provisions of Clause 4.6 and the proposed variation is acceptable.

Part 5 Miscellaneous provisions

Clause 5.10 – Heritage conservation

The subject site is a heritage item, is located within 100m of an Item and is within a heritage conservation area. The proposed works do not affect any known archaeological or Aboriginal objects or Aboriginal places of heritage significance.

The subject application was referred to Council’s Heritage Advisor who did not object to the application, subject to conditions. These conditions have been included in the recommendation of this report.

Part 6 Additional local provisions

Clause 6.1 – Acid sulphate soils

The site subject of the proposed works is mapped as Class 5 land. The proposed works are not within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the water-table is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. As a consequence, the proposal is acceptable in this regard.

Clause 6.2 – Earthworks

The proposed development includes minor, ancillary earthworks, such as excavation for footings. These earthworks will not restrict the existing or future use of the site, adversely impact on neighbouring amenity, the quality of the water table or disturb any known relics. Additionally, the small amount of excavated material to be removed will be disposed of appropriately.

Clause 6.3 – Biodiversity protection

The land is not mapped as comprising biodiversity significant land.

Clause 6.4 – Riparian land and waterways

The site is not mapped as riparian land.

Clause 6.5 – Stormwater and water sensitive urban design

The objectives of this clause seek to avoid or minimise the adverse impacts of urban stormwater on the land on which development is to be carried out, adjoining properties, native bushland, waterways and groundwater systems.

The proposed development does not substantially increase the impermeable surface area of the existing roof. There is a small increase in the impermeable surface of the site generated by the inclusion of a slab outside of the existing laundry door. The application proposes the extension of a carport roof out from the garage over hardstand paving. This additional roof area does not generate additional stormwater. Stormwater is to be directed to the existing stormwater system presently servicing the existing dwelling house. As such, the proposed development has been designed to manage urban stormwater run-off in accordance with the requirements of the LEP, subject to Conditions 31 and 45.

Ku-ring-gai Development Control Plan

Part 1A.5 General aims of the DCP

The proposed development has been assessed against the general aims of this DCP.

In this regard, the relevant aims include:

· ensure high quality sustainable urban design and architectural design of buildings

· ensure buildings and other development have a good relationship with neighbouring developments, the public domain and the landscape qualities of the locality

· encourage the development of a variety of housing types which do not dominate but harmonises with and contributes to the treed landscape and is sympathetic to the street and land on which it is proposed.

· ensure a high level of residential amenity in building design for the occupants of buildings, including daylight access, acoustic control, privacy protection, natural ventilation, design for safety, outdoor living, landscape design, indoor amenity and storage provision

· ensure the heritage significance of the Heritage Items and Heritage Conservation Areas is conserved, and encourage development which respects that significance

· ensure the long term survival of Ku-ring-gai’s native and exotic tree and vegetation cover

The assessment undertaken within this report demonstrates that the proposed development is compliant with the relevant aims of the Development Control Plan as listed above.

Part 2: Site analysis

A site analysis, which identifies the existing characteristics of the site and the surrounding area, has been provided. The site analysis satisfies the objectives of this part of the DCP.

Part 4: Dwelling Houses

The table below addresses the assessment criteria contained under Part 4 of the DCP.

DCP COMPLIANCE TABLE SECTION A - Part 4 Dwelling houses

Development control

Proposed

Complies

4A – Site Design

4A.1 Local Character and Streetscape

Visual Character

Design components of new development are to be based on the existing predominant and high quality visual character of the local

neighbourhood.

The proposed works are considered to have been designed with appropriate consideration given to the predominant visual character of the local neighbourhood.

YES

The appearance of the dwelling is to maintain the local visual character by considering the following elements:

i) visibility of on-site development when viewed from the street, public reserves and adjacent properties; and

ii) relationship to the scale, layout and character of the tree dominated streetscape of Ku-ring-gai.

The proposed works have been designed with appropriate attention given to the heritage value of the site and adjoining sites within the HCA / streetscape. The development retains the landscaped setting and the proposed works preserve the bulk and scale of the existing residence and its contribution as a heritage item within a heritage conservation area.

YES

The prominent and high quality characteristics of the neighbourhood are to be identified and considered as part of the site analysis.

The proposed works will maintain the high quality of the existing heritage architecture and the dwelling’s contribution to the Heritage Conservation Area.

YES

Public Domain and Communal Space

Development is to integrate with surrounding sites by:

i) being of an appropriate scale retaining consistency with the surrounds when viewed from the street, public domain or adjoining development and not exceeding two storeys;

ii) minimising overshadowing; and

iii) integrating built form and soft landscaping (gardens and trees) within the tree canopy that links the public and private domain throughout Ku-ring-gai.

The development appropriately integrates with surrounding development and will not increase overshadowing resulting from the fact that minimal external works are proposed with respect to the existing dwelling in terms of its external form. In this regard, the existing scale is maintained. Significant landscaping is also maintained.

YES

4A.2 Building Setbacks

Building Line (Front Setback)

The location of development on the site is to demonstrate its consideration of:

i) The existing setback of adjoining properties;

ii) The setback patterns of its street block; and

iii) Council’s minimum and average setback requirements.

The majority of proposed works are contained within the existing footprint of development and, accordingly, maintains existing setbacks and Council’s minimum and average setbacks controls.

Two storey

Low side – 9m (11m average)

High side – 12m (14m average)

The two storey low side control of 9 metres (11 metres average) applies. The development complies with this requirement. In this regard the Ku-ring-gai Avenue is nominated as the street frontage to which the front setback applies.

The proportion of the front elevation setback no less than the average setback is to be 75%.

100% of the front elevation is set back at or behind the average setback requirement of 11 metres.

YES

Building Line (Rear Setbacks)

For sites with a depth greater than 48 metres, a minimum 12 metres rear setback is to be provided.

(50 metres depth – 12 metres required)

The setback is 4 metres as existing.

Building Line (Side Setbacks)

>20 metres width

- 9% of site width (single storey elements)

- 12% of site width (two storey)

(38 metres width – 4.5 metres required)

The setback is 5 metres for the southern boundary only.

YES

Side setbacks are to accommodate a pathway and at least 0.6 metres of landscaping width for single storey buildings, and 1.1 metres for 2 storey houses. Where sites are of greater widths (over 20 metres) larger side setbacks should be progressively provided.

Path and landscaping provided.

YES

Side setbacks are to accommodate shrubs to a height of 3-4 metres for two storey houses, and 2-3m for single storey houses.

Substantial selection of complaint established gardens exist within the setbacks.

YES

Corner and Dual Frontage Sites Setbacks

For building sites with a corner frontage, the front and rear boundary setbacks apply to the Primary street frontage as illustrated in Figure 4A.2-6 of the DCP.

The site is a corner site. The relative setbacks other than the secondary frontage are provided above.

YES

The setbacks to the secondary street frontage on corner sites are 3.8m minimum and 4.5m average.

100% of the secondary front elevation has a setback not less than 3.8m.

100% of the secondary front elevation has an average setback of at least 4.5 metres, which includes the new awning at the front of the garage.

YES

Setbacks to side and rear boundaries shall be in accordance with the minimum setbacks applying to dwelling, which are not on corner lots.

Complies.

YES

4A.3 Built-Upon Area

Site Area – 1,979.00 m²

Max BUA 50% (989.5m²)

Existing 61% (1,203m²)

Proposed 63% (1,239m²)

For alterations and additions, on sites where the existing BUA is greater than the maximum permitted by control 1, the maximum BUA is the existing BUA, however, a reduction in BUA is desirable.

The application proposes a minor increase to the built upon area resulting in a need to establish a hardstand area all weather pad outside the laundry door. This is a minor increase and considered reasonable.

The proposal is to include a reasonable provision of built elements, normally associated with a residential property, such as pathways, and show consideration of these elements at an early stage of the design process

The site as existing includes these features.

YES

The BUA of the front setback is to be maximum 30%

Does not comply as existing – no proposed change.

4A.4 Landscaping

Landscape proposals are to retain existing trees, where possible. This may be achieved by:

i) minimising changes to existing ground levels;

ii) confining building works where appropriate to pre-existing building footprints.

Tree removal is proposed but is minimal and accepted by Council’s Senior Landscape and Tree Assessment Officer. Works generally confined to existing footprint.

YES

Landscaping is to include tall trees, small trees, shrubs and ground covers.

The site maintains a significant range of vegetation, as existing.

YES

Landscape designs are to reflect the prevailing landscape character of the area and relate to the existing streetscape in terms of scale and planting style.

All new works maintain the existing landscaped character of the site.

YES

Tree replenishment

Less than 850m²	3 trees
850m² to 1,000m²	5 trees
1,001m² to 1,500m²	7 trees
Over 1,500m²	10 trees or as directed

Council’s Senior Landscape and Tree Assessment Officer is satisfied with existing and proposed landscaping / tree replenishment.

YES

Driveways

Not more than one driveway is to be provided on any property with a street frontage width of less than 18m.

2 x existing driveways to two separate road frontages.

YES

A maximum of two driveways may be provided on any property with a street frontage more than 18m.

2 x existing driveways.

YES

Driveways designed in accordance with AS 2890.1 (2004) Off Street Car Parking

Existing driveways comply.

YES

4B.2 Car Parking Provision

Single occupancy dwellings are to provide 2 spaces on-site.

3 x covered spaces

YES

The minimum dimensions of a residential parking space are to be:

i) open carport 2.7 x 5.4 metres

ii) unobstructed single garage 3.0 x 5.4 metres

ii) double garage 5.4 x 5.4 metres

All minimum widths for car parking in the garage and for the carport are achieved.

YES

The area of garages in excess of 31m² is included in floor space calculations.

The gross floor area of the garage exceeds 31m² and the excess floor area has been included in the floor space calculation.

YES

4B.3 Carports and Garages

The car parking spaces, whether covered or uncovered, are to be:

located at or behind the required front setback as specified in Part 4A.2(3) of the DCP, or behind the front building line defined by the existing dwelling where the dwelling is being retained, whichever is the lesser.

Complies as the existing position of the garage is being maintained. The proposed carport complies.

YES

The scale and design of carport and garage structures are:

i) to be sympathetic to existing development on-site;

ii) to consider adjacent buildings;

iii) to consider proximity to drainage systems;

iv) to be integrated into the building design; and

v) not to dominate the site, dwelling and landscape, or the streetscape.

The proposed development maintains the existing carport accessed from Ku-ring-gai Avenue. The proposed new carport fronting the existing garage complies as it integrates with the existing garage and hardstand area accessed from Boomerang Street. Due to the change in grade at this point from the street level, and existing fencing (inclusive of the new gate) the new carport is not visible to the street.

YES

Works should not prevent ability to provide 2 spaces behind building line

Complies.

YES

Width of any carport/garage visible from the street is not to be greater than 6 metres (measured to the outer face of the exterior walls/columns/posts or the width of the garage door for integrated garages)

The width of the new carport is 6 metres and not visible to the street. The existing carport also not visible to the street at 5.1 metres complies.

YES

Detached carports single storey, set back 0.6 metres from side and rear boundaries

The existing carport accessed from Ku-ring-gai Avenue and the proposed carport fronting the existing garage accessed from Boomerang Street comply.

YES

4C – Building Design and Sustainability

4C.1 Building Envelopes

The maximum height of a dwelling is 9.5 metres (including any garage, basement or the like) and present as a 2 storey dwelling house.

11.8 metres – non- compliant building height

The following matters are to be considered with regard to the potential impact on neighbouring properties and local character:

i) opportunities to minimise overshadowing of living and private open space areas and solar panels;

ii) opportunities to minimise overlooking of living and private open space areas;

iii) opportunities to minimise adverse impacts on any significant bushland, or distant views;

iv) the relationship with the streetscape.

The application does not propose to increase the overall roof height. The proposal will not increase overshadowing or reduce neighbouring privacy.

YES

Development is to avoid the creation of an overbearing effect upon adjoining development by:

i) ensuring appropriate side setbacks and landscaping are incorporated in the design;

ii) ensuring all built structures are within the building height plane as illustrated in Figure 4C.1-2 of the DCP (4 metres @ 45°);

iii) the relationship with the streetscape.

Satisfactory.

YES

4C.2 Building facades

Extensive blank or unarticulated walls to street frontages will not be permitted.

No changes to building facades are proposed.

YES

All external facades are to be articulated to reduce the apparent building mass and present a human scale. This may be achieved through the use of bay window openings, window awnings, chimney and alcove features, verandas, pergolas, balconies, entry porches, staggered wall planes, a combination of materials and finishes, decorative architectural elements including brick corbelling, banding and recesses.

The existing building is appropriately designed to avoid blank walls.

YES

Side elevations are to avoid unrelieved walls. This may be achieved by:

i) dividing walls into sections, bays or modules;

ii) separating wall sections with recesses or courtyards.

The existing building is appropriately designed to avoid blank walls.

YES

Alterations and additions to an existing dwelling are to be:

i) designed so that they are integrated into the existing building;

ii) result in the new and old structures appearing as one building from the street.

This may be achieved through the choice of

materials, detailing, building proportion and configuration.

The new works proposed to the existing building are appropriately designed to appropriately integrate with the existing development meeting this control.

YES

Building design is to integrate soft landscaping and natural site features and make provision for tall shrub plantings.

Appropriate maintenance and additional landscaping proposed.

YES

Corner sites are to address both primary and secondary street frontages using building and landscaping elements such as feature windows, or other treatments to wall surfaces.

The existing building provides windows and landscaped elements to each street frontage.

YES

4C.3 First Floor Design and Roof Forms

First floor design

Dwelling design is to avoid an overbearing bulk/scale relationship with neighbouring properties. Consideration is to be given to

avoiding large vertical wall surfaces by stepping back upper levels and containing within the existing/proposed roof space.

There are no visible changes proposed to the bulk and scale of the existing dwelling. The roof terrace is not visible to the street.

YES

The placement of windows in first floor walls facing side boundaries are to respect the privacy of neighbouring properties.

There are no new windows proposed facing neighbouring properties.

YES

Attic rooms

Attic room designs are to avoid:

i) increasing the bulk of the building;

ii) causing undue overshadowing of adjacent properties and open spaces;

iii) causing loss of significant views from adjacent properties; or

iv) being excessive in scale and bulk relative to the rest of the building.

The proposed attic conversion does not increase the existing roof height and accordingly does not impact upon existing views or increase the existing bulk or scale.

YES

The form and placement of any windows is to respect the privacy of neighbouring properties

The proposed skylight windows will not impact upon the privacy of neighbouring properties.

YES

Attic rooms are to be located within the existing roof forms and retain the streetscape appearance of the existing buildings. In some cases depending on location of building and shape of roof, higher roof forms for attics may be considered.

The application does not propose changes to the existing roof form to accommodate the attic rooms.

YES

Roof line

Roof structures are to be designed to minimise bulk and overshadowing of neighbouring buildings and open spaces by:

i) considered selection of material, colour and pitch;

ii) use of low-angled pitched roofs providing that they are compatible with existing development and the streetscape character; or

iii) inclusion of habitable rooms within the roof space.

The proposed attic conversion and installation of the skylights does not alter the overall maximum roof ridge height and accordingly does not impact upon existing conditions with respect to overshadowing.

YES

Clerestory windows and skylights

The location, size, configuration and layout of clerestory windows and skylights must be sympathetic to the overall design of the

dwelling and the streetscape.

The proposed skylights are positioned to have minimal impact upon the aesthetics of the building when viewed from both the public and private realm.

YES

4C.4 Private Open Space

At least one area of useable private open space which has a minimum depth of 5m and a minimum area of 50m² is to be provided

on each site. On steep sites Council may consider a reduction in the minimum depth requirement.

The application complies in this regard. There is in excess of 50m² provided onsite.

YES

Landscape areas are to provide functional outdoor areas that:

i) are useable and relate well to indoor living areas;

ii) have a character that is consistent with or enhances the landscape character of the area;

iii) are located in consideration of noise, temperature, shade and screening;

iv) are not dominated by adjoining development (in terms of overshadowing and overlooking);

The existing and proposed landscaping provides for functional outdoor areas that are characteristic of the locality and are not dominated by adjoining development in terms of overshadowing or overlooking.

YES

Private open space is to constitute at least one north facing area providing adequate solar access.

Private open space is provided within the northern aspect of the site.

YES

4C.5 Solar Access

Solar access to habitable areas, recreational space and solar collectors on the site and on neighbouring sites is to be preserved by:

i) consideration of siting and orientation of buildings;

ii) use of setbacks which increase with building heights;

iii) landscape design and location of vegetation including deciduous or high canopy trees;

iv) consideration of window locations and size.

The proposed works do not impact upon solar access within the site or to neighbouring properties due to the nature of the work with a very minor height increase (skylights) along the roof profile below the ridge and its central position on the site.

YES

A building is to be designed and sited to maintain solar access to adjoining properties of at least 4 hours between 9am and 3pm on 21st June to north facing windows and all living areas (family rooms, rumpus, lounge and kitchen) and the principal private open space recreational areas, such as swimming pools and patios.

The new works do not alter the extent of shadow cast by the existing dwelling over adjoining properties.

YES

Dwelling design and orientation is to provide at least 4 hours between 9am and 3pm on 21st June to north facing windows and all living areas (family rooms, rumpus, lounge and kitchen) and the principal private open space including swimming pools and patios, to the proposed dwelling.

The new works are designed to maximise solar access into north facing living room windows

YES

Where shadows cast by existing buildings preclude satisfying the above requirements, sunlight during winter solstice (21st June) should not be reduced by more than 20%.

The extent of works do not alter the extent of overshadowing on adjoining properties

YES

Development is to consider the use of sun protection devices that preserve internal amenity. These can include window shades and awnings, roof and eave overhangs, use of pergolas and landscaping for shading of openings.

The proposed skylights include shading devices

YES

Professionally prepared Shadow Diagrams must accompany all applications for new dwellings and alterations/additions exceeding one storey.

Professionally prepared shadow diagrams were provided

YES

4C.6 Natural Ventilation

Building design is to incorporate measures for natural cross ventilation as specified in Control 1.

The existing development maintains existing windows providing for natural cross ventilation.

YES

4C.7 Ancillary Facilities

Swimming pools, spas, equipment and fences

The swimming pool/spa and/or enclosure is to consider the location, design, finish and colour to minimise the impact on the landform when viewed from adjacent public domain and private property.

The existing swimming pool is to be maintained and is consistent with these controls

YES

The swimming pool/spa and/or enclosure is to be designed and located so that there is sufficient area adjacent to the property boundary for substantial landscape planting to:

i) minimise potentially adverse impacts such as noise, glare, and visual intrusion;

ii) minimise the impact on existing trees both on site and on adjoining properties.

The existing vegetated buffer is maintained achieving these requirements.

YES

The swimming pool/spa coping is to be sited a minimum of 2 metres from a property boundary.

5.3 metres provided as existing.

YES

Pool/spa motor enclosures and filters, pumps and the like are to be located in a sound-proofed enclosure to ensure there is no noise reading exceeding 5dBA above background noise level when measured at the any residential property boundary.

Conditions that require plant associated with the pool be located in a sound-proofed enclosure and that noise levels do not exceed 5dBA above background levels have been included in the recommendation (Condition 46)

YES

Tennis courts

Tennis courts are to be located at the rear of properties. For corner allotments, or where the property has two street frontages, the

location of tennis court is not to be in the primary frontage.

The existing tennis court is to be maintained. No changes are proposed

N/A

Outbuildings

Outbuildings including studios, hobby rooms, storage structures, cubby houses or cabanas, are to be located on the site having regard to the relationship with existing development on-site and on adjoining properties.

The application proposes a sauna structure adjacent to the pedestrian entry from Boomerang Street. The small room measures 4m². It is positioned 1m from the boundary but maintained behind screen planting. It is located near the swimming pool given its use in association with this area of the site.

YES

Consideration is to be given to the position of windows associated with habitable rooms and the potential impact of noise, fumes, loss of light, and ventilation

The positioning of the new skylight windows do not provide opportunity to overlook adjoining properties given their boxed in construction and height within the roofline. No issues raised in this regard

YES

Outbuildings are not to exceed a single storey. All outbuildings will be included in both floor space ratio calculations and built upon area

calculations.

The sauna does not exceed 1 storey and is included within the relevant calculations.

YES

A minimum setback of 2 metres from boundaries is to apply for any outbuilding with a wall height exceeding 2m relative to the ground level at the boundary.

The sauna is 2.5 metres in height, as shown in elevation on plan sheet TP-25. The sauna is located 1 metre from the boundary.

Other Site Facilities

The location and design of facilities such as mail boxes, utility poles, bin storage and enclosures, clothes drying areas are to be an integrated and sympathetically designed as part of the site design and development. This may be achieved by:

i) the undergrounding of utilities;

ii) ensuring that clothes lines are not visible from the street; and

iii) provision of bin enclosures.

No changes are proposed.

N/A

Air conditioning enclosures are to ensure that noise levels do not exceed 5 dBA above the background noise level when measured at

the nearest residential property boundary.

No changes are proposed.

N/A

4C.8 Fencing

Front fences

Fences are to:

i) restrict visually solid forms (such as masonry, lapped and capped timber or brushwood) to 0.9 metres in height above existing ground level; and

ii) restrict the height of visually transparent fences (such as metal grille or timber picket) to 1.2 metres. (a transparent fence has an open to solid ratio of not less than 1:3).

No new external boundary fencing is proposed. The site maintains the existing fencing.

N/A

Hedges

Hedges near boundaries are not to create an amenity loss to adjoining properties by either blocking significant district, bushland or water views of neighbouring properties or unreasonably shading neighbours’ private open space or living areas in winter.

The application proposes removal of a hedge that is overgrown and creating amenity issues to both the subject and adjoining property. No objection is raised to the removal of this hedge by Council’s Senior Landscape and Tree Assessment Officer.

YES

This should be achieved by ensuring appropriate species planted near boundaries do not grow to excessive height and can be readily maintained at a height below 2 metres unless taller hedges are a feature of the locality and there are no adverse impacts on solar access or views.

Appropriate replanting complying with these provisions are proposed.

YES

4C.9 Waste Management

During the design of the development, construction waste is to be minimised by:

i) using recycled materials, selecting materials that reduce waste or do not require disposal, or can be reused or recycled in the future;

ii) designing with minimal site disturbance by avoiding unnecessary excavation or fill.

The proposed development is designed to minimise waste and is considered to have be designed utilising suitably appropriate materials.

YES

Developments must allocate, within each property boundary, an area for storing Council waste and recycling bins, (1 X 120 Litres, 2 x 240 Litres, 1 x 360 Litres) preferably located at the rear of the premises to minimise visual clutter. The storage area is to be a minimum of 3 metres from openable windows and integrated with the landscaping.

Sufficient area is already available onsite for waste storage of waste bins.

YES

An area is to be nominated for on-site composting.

Sufficient area onsite exists for onsite composting.

YES

4C.10 Materials and Finishes

External walls must be constructed of high quality and durable materials and finishes.

No changes to existing external brickwork proposed.

YES

Large, unbroken expanses of any single material and finish (rendered or not) to building facades must be avoided.

Existing heritage item – no changes proposed.

YES

New development is to avoid extensive use of highly reflective or gloss materials on the exterior of buildings.

Highly reflective and gloss materials are not proposed.

YES

The exterior finish material (e.g. sandstone or brick) must be integral to the overall building façade design and must not appear to be

cosmetic.

The exterior brick finish is integral to the façade design and does not appear cosmetic. Existing materials are to be retained.

YES

Where additions and alterations are proposed, external materials and finishes must complement the existing building.

New works propose materials that complement the existing building materials.

YES

Colours

The selection of a colour scheme for new development and in the restoration of existing facades is to comply with the guidelines in control 8.

Appropriate materials and colours have been chosen to integrate with the existing heritage finishes.

YES

Natural earth tones are to be used on building facades in close proximity to bushland.

The site or dwelling does not adjoin any bushland

N/A

When repainting existing buildings, colours should generally be representative of the era of the building.

Appropriate heritage finishes and colours are proposed

YES

An assessment of the variations to the controls identified in the compliance table is provided below.

4A – Site design

4A.2 Building setbacks

The existing building has a non-compliant setback to the rear boundary. In this regard, the DCP requires new works to achieve a rear boundary setback of 11.5 metres for a site with a depth of 45 metres. The rear boundary to which this control applies is taken to be the western boundary and is presently provided with a 4 metres setback. Having regard to the proposed level of works being undertaken, which do not impact upon the existing setback, or modify the extent of works in proximity to the western boundary, the proposed development works are assessed as being satisfactory, despite the non-compliance.

4A.3 Built-upon area

The site is limited to a maximum built upon area (BUA) of 50%. The existing BUA is 61% (1,203m²) and the proposal will result in a BUA of 63% (1,239m²) which is an additional 36m²of BUA. The minor increase in area results from a need to provide for a hardstand area to access the laundry as this area is currently poor condition and, due to its frequent use, has not been able to maintain a usable surface of lawn. Having regard to the need to provide for an appropriate surface in this location on the site, no planning objection is raised to what, on merit, is considered a minor variation given the extensive landscaped grounds. The site maintains an appropriate level of landscaping which is well maintained and the additional hardstand area is not considered to contribute to any drainage or stormwater issue on the subject site or adjoining land.

4C – Building design and sustainability

4C.1 Building envelopes

The existing building, being 11.8 metres in height, exceeds the prescribed 9.5 metres height limit in the LEP and DCP. It is noted that the building is heritage listed and the non-compliance is existing.

The application proposes to utilise the existing roof space for an attic conversion to create a master bedroom. The proposed conversion does not significantly alter the existing roof, with the exception of minor perforations for skylights. It does not increase the overall height of the existing ridge, however there is a minor increase in the roof profile because of the proposed skylights. Likewise, the new rooftop terrace is not proposed above the existing height limits and is contained within the existing roof form thereby having impact on adjoining privacy because of the separation to the boundaries and being off a bedroom. Roof tiles are proposed to be replaced on the lower western portion of the roof for maintenance purposes only - due to a significant number of cracked tiles creating weathering issues. Council’s Heritage Advisor raises no objection to the changing of the tiles.

The development as existing is 3 storeys with additional area being converted to create an attic room comprising a master bedroom. This conversion does not create any area of the development being 4 storeys – due to the location of the attic conversion not being sited over the lower ground floor. The proposed windows within the attic room do not impact upon the privacy or amenity of adjoining properties, due to the generous setbacks and central position of the dwelling on the site.

The proposed development maintains the existing non-compliance. The proposed new works maintain the status quo and do not impact upon privacy, amenity or solar access to adjoining properties. In this regard, the proposed development does not create any significant environmental impact that would warrant rejection or redesigning of the proposal. The works as proposed uphold the objectives of the controls and are acceptable on merit.

4C.7 Ancillary facilities

The Development Control Plan requires that out-buildings are set back a 2 metres from boundaries where the wall height exceeds 2 metres to the relative ground level. In this instance, the proposed sauna structure has a wall height of 2.5 metres. It is located 1 metre from the front boundary to Boomerang Street. An elevation plan is provided indicating the minor encroachment that the structure imposes upon the streetscape, as clouded in purple in Figure 6 below:

Figure 6 - showing sauna structure partially above the existing fence

The sauna is appropriately located given the existing development onsite and no planning objection is raised in this regard given the works aren’t contrary to the objectives of the control. The proposed location enables sufficient planting to be provided along the property boundary.

DCP Section C

Part 21 – General site design

The proposal has been assessed against the earthworks provisions contained in this Part. The proposed development is consistent with these provisions as there is minimal excavation and fill required for the proposed development. The works will generally maintain the natural topography of the land. The works will not result in a significant impact in relation to existing trees worthy of retention, from soil erosion or siltation or degradation of land, subject to conditions.

In regard to the landscape design provisions, Council’s Senior Landscape and Tree Assessment Officer is satisfied that the proposed development has been designed and is consistent with the objectives of the controls and as consequence has not raised any significant issues or concerns in relation to these provisions.

As a result of the above, it is considered that the development meets the objectives of the control.

Part 22 – General access and parking

The proposal has been assessed against the relevant provisions contained in this Part. The subject site provides sufficient on-site parking in accordance with the car parking rates and the proposed access is satisfactory. The proposal therefore meets the relevant objectives of this control.

Part 23 – General building design and sustainability

23.4 Waste Management and 23.10 Construction, Demolition and Disposal

The proposal has been assessed against the provisions contained in these Parts. The site provides sufficient bins for general household waste, including recycling materials. The waste storage area is also suitably located to ensure minimal impacts.

The applicant has lodged a Waste Management Plan. The proposal is consistent with these provisions. No issues or concerns are raised in relation to stormwater quality control during construction and erosion and sediment control during construction, subject to Condition 30.

The development is consistent with the objectives of these Parts.

Part 23.8 and 23.9 General Acoustic and Visual Privacy

The proposal has been assessed against the provisions contained in these Parts. The proposal will not result in a significant detrimental impact contrary to these provisions. See discussion in Building Envelope Section of this report.

Part 24 – Water management

The application was reviewed by Council’s Development Engineer at the allocation of the application and no significant issues or concerns were raised. in relation to the provisions contained under the Part.

Ku-ring-gai Contributions Plan 2015

The proposed works are quoted as $3,000,000.00 being more than $100,000.00 which would attract the payment of a contribution in accordance with Section 4.17 (1) of the Environmental Planning and Assessment Act 1979 and Ku-ring-gai S94A Contributions Plan 2015. Accordingly, $30,000.00 is be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs (Condition 19).

Regulations

Australian Standard for Demolition - Clause 92(1)(b)

Clause 92(1)(b) of the Environmental Planning and Assessment Regulation 2000 requires the consent authority to consider the provisions of Australian Standard AS 2601-2001: The demolition of structures. The demolition of the existing structures will be carried out in accordance with a construction / demolition management plan, and this will be required to be submitted prior to the issue of any Construction Certificate. Conditions to this effect are recommended (Conditions 1 and 14).

Likely Impacts

The likely impacts of the development have been considered within this report and are deemed to be acceptable, subject to conditions.

Suitability of the Site

The site is suitable for the proposed development.

Public Interest

The public interest is best served by the consistent application of the requirements of the relevant Environmental Planning Instruments and by the Panel ensuring that any adverse effects on the surrounding area and the environment are minimised. The proposal has been assessed against the relevant environmental planning instruments and is deemed to be acceptable. On this basis, the proposal is not contrary to the public interest.

Conclusion

Having regard to the provisions of section 4.15 of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory.

RECOMMENDATION

PURSUANT TO SECTION 4.16(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

A. THAT the Ku-ring-gai Local Planning Panel, as the consent authority, is of the opinion that the request submitted under Clause 4.6 to vary the maximum height of buildings development standard in Clause 4.3 of the Ku-ring-gai LEP 2015 has met the requirements of Clause 4.6(3). The Panel is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

B. THAT the Ku-ring-gai Local Planning Panel, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0470/20 for internal alterations and additions, landscaping works and sauna at 60 Ku-ring-gai Avenue, Turramurra, subject to the recommended conditions below. Pursuant to Section 4.53 of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within five (5) years of the date of the Notice of Determination.

The conditions of the consent are set out as follows:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (alterations and additions)

The development must be carried out in accordance with work shown in colour on the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this Development Consent.

Plan no.	Drawn by	Dated
Architectural Plans
Prj 190411 Sheet TP-02 Rev A Existing streetscape	Austin Maynard Architects	29/05/2020
Prj 190411 Sheet TP-03 Rev A Existing site photos	Austin Maynard Architects	29/05/2020
Prj 190411 Sheet TP-04 Rev A Site analysis plan	Austin Maynard Architects	29/05/2020
Prj 190411 Sheet TP-05 Rev B Existing/demo lower ground floor plan	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-06 Rev A Existing/demo upper ground floor plan	Austin Maynard Architects	29/05/2020
Prj 190411 Sheet TP-07 Rev A Existing/demo first floor plan	Austin Maynard Architects	29/05/2020
Prj 190411 Sheet TP-08 Rev A Existing/demo roof plan	Austin Maynard Architects	29/05/2020
Prj 190411 Sheet TP-09 Rev C Proposed site plan	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-10 Rev B Proposed lower ground floor plan	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-11 Rev B Proposed upper ground floor plan	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-12 Rev B Proposed first floor plan	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-13 Rev D Proposed attic floor plan	Austin Maynard Architects	28/06/2021
Prj 190411 Sheet TP-14 Rev B Proposed roof plan	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-15 Rev C Existing/demo west elevation	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-16 Rev D Proposed west elevation	Austin Maynard Architects	28/06/2021
Prj 190411 Sheet TP-17 Rev B Existing/demo east elevation	Austin Maynard Architects	16/07/2020
Prj 190411 Sheet TP-18 Rev C Proposed east elevation	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-19 Rev B Existing/demo north elevation	Austin Maynard Architects	16/07/2020
Prj 190411 Sheet TP-20 Rev C Proposed north elevation	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-21 Rev B Existing/demo section A	Austin Maynard Architects	16/07/2020
Prj 190411 Sheet TP-22 Rev B Proposed section A	Austin Maynard Architects	16/07/2020
Prj 190411 Sheet TP-23 Rev B Proposed section B	Austin Maynard Architects	16/07/2020
Prj 190411 Sheet TP-24 Rev C Proposed section C	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-25 Rev A Existing/demo and proposed front fence elevation (north)	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-26 Rev A Existing and proposed section through external paving area	Austin Maynard Architects	09/04/2021
Prj 190411 Sheet TP-27 Rev A Proposed section D	Austin Maynard Architects	28/06/2021
Prj 190411 Sheet TP-27 Rev A Proposed section E	Austin Maynard Architects	28/06/2021
Landscape Plans
Dwg LS01 Issue C Site plan + existing trees	Melissa Wilson Landscape Architects	15/04/2021
Dwg LS02 Issue C Planting – pool area	Melissa Wilson Landscape Architects	15/04/2021
Dwg LS03 Issue C Planting – west boundary	Melissa Wilson Landscape Architects	15/04/2021
Dwg LS04 Issue C Planting – precedent images	Melissa Wilson Landscape Architects	15/04/2021
Dwg LS05 Issue C Planting – species images	Melissa Wilson Landscape Architects	15/04/2021
Ref 20201641.2 Cover page Tree protection plan & specifications	Australis Tree Management	14/04/2021
Ref 20201641.2 Page 2/3 Tree protection plan & specifications	Australis Tree Management	14/04/2021
Ref 20201641.2 Page 3/3 Tree protection plan & specifications	Australis Tree Management	14/04/2021

Document(s)	Dated
Basix certificate No. A368859	12/11/2020
Heritage Impact Statement prepared by Weir Phillips Heritage and Planning Reference J3900	08/09/2020
Waste Management Plan (KMC Template) prepared by the applicant	24/01/2020

Reason: To ensure that the development is in accordance with the Development Consent.

2. Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this Development Consent prevail.

Reason: To ensure that the development is in accordance with the Development Consent.

Conditions to be satisfied prior to demolition, excavation or construction:

3. Asbestos works

All work involving asbestos products and materials, including asbestos-cement-sheeting (i.e. fibro), must be carried out in accordance with the guidelines for asbestos work published by Safework NSW.

Reason: To ensure public safety.

4. Notice of commencement

At least 48 hours prior to the commencement of any demolition, excavation or building works, a notice of commencement of building works or subdivision lodgement form and appointment of the Principal Certifier form shall be submitted to Council.

Reason: Statutory requirement.

5. Notification of builder’s details

Prior to the commencement of any works, the Principal Certifier shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.

Reason: Statutory requirement.

6. Archival recording of buildings

Prior to the commencement of any works, the Principal Certifier shall be satisfied that an archival report has been submitted to Council’s Heritage Advisor.

The report must consist of an archival standard photographic record of the building (internally and externally) and its garden and views from the street showing its relationship to neighbouring properties and the streetscape.

The report is to include one (1) copy of the following:

· Information provided in an Albox binder & slip cover (or similar);

· High resolution images shall be 6” x 4” and printed on archival quality paper and contained within 6” x 4” Acid-Free photo sleeves;

· Thumbnail images shall also be printed on archival quality paper and contained within A4 Acid-Free sleeves;

· Scaled Site Plan showing location of each photograph and the direction which the images were taken;

· A photographic catalogue sheet with digital file No. cross-referenced to the Site Plan;

· The report is to be downloaded onto two (2) USBs.

The USBs are to put in a sealed envelope displaying the title, DA number and address and is to be submitted to the Heritage Advisor for approval.

Written acknowledgement from Council must be obtained, attesting to this condition being satisfied and submitted to the Certifier, prior to the issue of any Construction Certificate

Note: Archival quality photos can be printed at a professional photo shop.

Reason: To ensure there is a historical record of buildings to be altered or demolished.

7. Tree protective fencing type galvanised mesh

Prior to the commencement of any works, tree protection fencing shall be constructed of galvanised pipe at 2.4 metres spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres.

Reason: To protect existing trees.

8. Tree protection signage

Prior to the commencement of any works, tree protection signage is to be attached to the tree protection fencing, displayed in a prominent position and repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:

The words:

· Tree protection zone/No access.

· This fence has been installed to prevent damage to the tree/s and their growing environment both above and below ground.

and the following information:

· The name, address, and telephone number of the developer/builder and project arborist

Reason: To protect existing trees.

9. Inspection of tree protection measures

Upon installation of the required tree protection measures, an inspection is to be conducted by the project arborist or the Principal Certifier to verify that tree protection measures comply with all relevant conditions of this Development Consent.

Reason: To protect existing trees.

10. Project arborist

Prior to the commencement of any works, a project arborist shall be engaged to ensure all tree protection measures and works are carried out in accordance with the conditions of this Development Consent.

The project arborist shall have a minimum AQF Level 5 qualification with a minimum of 5 years’ experience. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifier with a copy provided to Council.

Reason: To protect of existing trees.

11. Tree protection plan

Prior to the commencement of any works, tree protection works shall be carried out in accordance with the following approved tree protection plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this Development Consent:

Plan no.	Drawn by	Dated
20201641.2 Tree protection Plan & Specifications	Australis Tree Management	24/04/2021

Reason: To protect existing trees.

12. Swimming pool maintenance (all developments where the existing pool is to remain on site during construction)

Prior to the commencement of any works the Principal Certifier is to be satisfied that,

if any water is held within the swimming pool:

a) the quantity of water in the pool is maintained at a minimum of 50% of the capacity of the pool; and

b) the clarity of the water in the pool is maintained through chlorination either by automatic or manual dosing; and

c) a swimming pool barrier is in place and maintained in accordance with the NSW Swimming Pools Act 1992.

Reason: To ensure the swimming pool does not present a risk to health or safety.

Conditions to be satisfied prior to the issue of the construction certificate:

13. Compliance with BASIX Certificate

Prior to the issue of any Construction Certificate, the Certifier shall be satisfied that all commitments listed in the approved BASIX Certificate (referred to under Condition 1 of this Development Consent) are detailed on the plans forming the Construction Certificate.

Reason: Statutory requirement.

14. Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The applicant must provide work plans required by AS2601: 2001 and a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifier prior to the commencement of any works.

Reason: To ensure compliance with the Australian Standards.

15. Long service levy

A Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.

Reason: Statutory requirement.

16. Builder’s indemnity insurance

The Applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Certifier for endorsement of the plans accompanying the Construction Certificate.

It is the responsibility of the Applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $20,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $20,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).

Reason: Statutory requirement.

Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):

17. Infrastructure damage security bond and inspection fee

To ensure that any damage to Council property as a result of construction activity is rectified in a timely matter:

(a) All work or activity undertaken pursuant to this development consent must be undertaken in a manner to avoid damage to Council property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

(b) The applicant, builder, developer or any person acting in reliance on this consent shall be responsible for making good any damage to Council property and for the removal from Council property of any waste bin, building materials, sediment, silt, or any other material or article.

(c) The Infrastructure damage security bond and infrastructure inspection fee must be paid to Council by the applicant prior to both the issue of any Construction Certificate and the commencement of any earthworks or construction.

(d) In consideration of payment of the infrastructure damage security bond and infrastructure inspection fee, Council will undertake such inspections of Council Property as Council considers necessary and will also undertake, on behalf of the applicant, such restoration work to Council property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure damage security bond payable pursuant to this condition.

(e) Release of the bond – Upon receipt of an Occupation Certificate, Council will undertake an inspection of Councils Infrastructure and release the bond if no damage is found.

For development relating to more than 2 dwellings, there will be a six months holding period after the receipt of the final occupation certificate, after which you may request Council to return any bond monies.

If there is damage found to Council property the bond will not be released until the damage has been rectified to Council’s satisfaction.

(f) In this condition:

“Council property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and

“Infrastructure damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council property associated with this condition.

Reason: To maintain public infrastructure.

18. Construction Certificate plans

The Construction Certificate plans must be consistent with the approved plans and documents referred to in Condition No. 1 of this Development Consent.

Reason: To ensure that the works are carried out in accordance with the Development Consent.

19. Section 7.12 Local infrastructure contributions

This development is subject to a development contribution calculated in accordance with Ku-ring-gai s94A Contributions Plan 2015, being a Contributions Plan in effect under the Environmental Planning and Assessment Act, in the amount of: $30,000.00 based on development costs of $3,000,000.00, which shall be paid to Council to provide for additional local infrastructure improvements in accordance with the works programme listed in the s94A Contributions Plan. (Sections of the Environmental Planning and Assessment Act have been renumbered and former s94A is now known as s7.12).

The contribution specified above is subject to indexation and will continue to be indexed to reflect changes in the Consumer Price Index (All Groups Sydney) until paid in accordance with Ku-ring-gai s94A Contributions Plan 2015. Inflation is applied on all the Ku-ring-gai Contributions Plans on the day after the release of the Residential Property Prices Index by the Australian Bureau of Statistics (ABS). Prior to payment, please contact Council directly to verify the current contribution payable. Please see Council’s website for more information about inflation and paying contributions.

The monetary contribution shall be paid to Council:

(a) prior to the issue of the Subdivision Certificate where the development is for subdivision; or

(b) prior to the issue of the first Construction Certificate where the development is for building work; or

(c) prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or

(d) prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

Note: Copies of Council’s Contributions Plan can be viewed at Council Chambers at 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au <http://www.kmc.nsw.gov.au>.

Reason: To cater for the demand for additional infrastructure arising from cumulative developments in accordance with Ku-ring-gai S94A Contributions Plan 2015.

20. No demolition of extra fabric

Alterations to, and demolition of, the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

Reason: To ensure compliance with the Development Consent.

Conditions to be satisfied during the demolition, excavation and construction phases:

21. Road opening permit

The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a road opening permit being obtained from Council (upon payment of the required fee) beforehand.

Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

22. Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 4.17 (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

1. the work must be carried out in accordance with the requirements of the Building Code of Australia

2. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence

3. if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the building, structure or work from possible damage from the excavation, and

(b) where necessary, underpin the building, structure or work to prevent any such damage.

Reason: Statutory requirement.

23. Hours of work

Demolition, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Demolition and/or excavation using machinery of any kind must be limited to between 7.00am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm. No demolition and/or excavation using machinery of any kind is to occur on Saturdays, Sundays or public holidays.

Where it is necessary for works to occur outside of these hours (i.e. placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by Transport for NSW (TfNSW) from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site), approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Failure to obtain a permit to work outside of the approved hours will result in regulatory action.

Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.

24. Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifier.

Reason: To ensure that the development is in accordance with the determination.

25. Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

· be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

· display project details including, but not limited to the details of the builder, Principal Certifier and structural engineer

· be durable and weatherproof

· display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

· be mounted at height of 1.6 metres above natural ground on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason: To ensure public safety and public information.

26. Toilet facilities

Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons working at the site. Each toilet must:

a) be a standard flushing toilet connected to a public sewer, or

b) have an on-site effluent disposal system approved under the Local Government Act 1993 <https://www.legislation.nsw.gov.au/>, or

c) be a temporary chemical closet approved under the Local Government Act 1993 <https://www.legislation.nsw.gov.au/>.

Reason: Statutory requirement.

27. Recycling of building material (general)

During demolition and construction, the Principal Certifier shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason: To facilitate recycling of materials.

28. Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. 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 when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (2009) “Manual for Uniform Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason: To ensure safe public footways and roadways during construction.

29. Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicant’s responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.

Reason: Provision of utility services.

30. Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifier and Council officers.

Reason: To protect the environment from erosion and sedimentation.

31. Drainage to existing system

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the existing site drainage system. The installation of new drainage components must be completed by a licensed contractor in accordance with AS3500.3 (Plumbing Code) and the NCC (BCA). No stormwater runoff is to be placed into the Sydney Water sewer system. If an illegal sewer connection is found during construction, the drainage system must be rectified to the satisfaction of Council and Sydney Water.

Reason: To protect the environment.

32. Landscape works near trees

To avoid tree impacts, all landscape works such as soil preparation, soil spreading, mulching and planting shall be carried out by hand within the specified radius of the following trees.

Tree/location	Radius in metres
T1 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary	6.5 metres
T2 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary/driveway	7.2 metres
T3 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary/driveway	2.9 metres
T5 Ficus rubignosa (Port Jackson Fig) adjacent to northern site boundary	5.4 metres
T6 Brachychiton acerifolius (Illawarra Flame Tree) adjacent to northern site boundary	4.8 metres

Reason: To protect existing trees.

33. Retention of tree roots

No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period. All pruning of roots less than 50mm in diameter shall be undertaken by an experienced arborist/horticulturalist, with a minimum AQF Level 3 qualification.

Tree/location	Radius in metres
T1 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary	6.5 metres
T2 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary/driveway	7.2 metres
T3 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary/driveway	2.9 metres
T5 Ficus rubignosa (Port Jackson Fig) adjacent to northern site boundary	5.4 metres
T6 Brachychiton acerifolius (Illawarra Flame Tree) adjacent to northern site boundary	4.8 metres

Reason: To protect existing trees.

34. Approved tree works

Prior to the commencement of any works, the following is to be undertaken to the specified trees:

Tree/location	Approved tree works
T7 Bauhinia variegata (Orchid Tree) Adjacent to northern site boundary.	Removal to ground level only. No removal of root ball or stump grinding permitted.
xCuppressocyparis leylandii ‘Leighton’s Green’ hedge x 33 Adjacent to western and northern site boundaries	Removal

1. All trees are to be clearly tagged and identified in accordance with the specifications in the arborist report prior to the removal or pruning of any tree/s.

2. Canopy and/or root pruning shall be undertaken by an experienced arborist/horticulturist, with a minimum AQF Level 3 qualification.

3. All root or canopy pruning works shall be undertaken as specified in current version of Australian Standard AS 4373 - Pruning of amenity trees.

Removal or pruning of any other tree on the site is not approved, excluding species and works exempt under Council’s Development Control Plan.

Reason: To ensure that the development is in accordance with the Development Consent.

35. Hand excavation

All excavation within the specified radius of the trunk/s of the following tree/s shall be carried out by hand digging and/or by an air knife and shall be supervised by an experienced arborist/horticulturist, with a minimum AQF Level 3 qualification. The arborist /horticulturalist shall provide a report to the Principal Certifier confirming compliance with this condition:

Tree/location	Radius in metres
T1 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary	6.5 metres
T2 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary/driveway	7.2 metres
T3 Jacaranda mimosifolia (Jacaranda) adjacent to western site boundary/driveway	2.9 metres
T5 Ficus rubignosa (Port Jackson Fig) adjacent to northern site boundary	5.4 metres
T6 Brachychiton acerifolius (Illawarra Flame Tree) Adjacent to northern site boundary	4.8 metres

Reason: To protect existing trees.

36. No storage of materials beneath trees

No activities, soil compaction, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Development Control Plan at any time unless specified in other conditions of this consent.

Reason: To protect existing trees.

37. Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

Reason: To protect the environment.

38. On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

· each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing

· this information is to be made available at the request of an authorised Council officer.

Reason: To protect the environment.

39. Salvage and re-use of existing material

Existing building elements and materials in good condition are to be carefully removed during the works and securely stored in a place protected from damage, damp and sunlight. The salvaged building elements and materials are to be re-used in the new work, or if this is not possible, forwarded to an appropriate registered business dealing in salvaged building elements and materials.

Care should be taken in the removal of the existing doors, architraves and skirtings so they can be stored on site in a secure location such as the roof space for future restoration works.

Reason: To ensure the continuing heritage significance of the heritage item.

40. Maintenance of site

All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.

Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.

During construction:

· all vehicles entering or leaving the site must have their loads covered, and

· all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.

At the completion of the works, the work site must be left clear of waste and debris.

Reason: To ensure the site is appropriately maintained.

41. Swimming pool maintenance (all developments where existing pool is to remain on site during construction)

During demolition, excavation or construction if water is held within the swimming pool:

a) the quantity of water in the pool is maintained at a minimum of 50% of the capacity of the pool; and

b) the clarity of the water in the pool is maintained through chlorination either by automatic or manual dosing; and

c) a swimming pool barrier is in place and maintained in accordance with the NSW Swimming Pools Act 1992.

Reason: To ensure the swimming pool does not present a risk to health or safety.

42. Site fencing

The site must be secured and fenced prior to works commencing. All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

If the work involved in the excavation, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place (note that separate approval is required prior to the commencement of works to erect a hoarding or temporary fence on public property).

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons on public property.

The site shall be secured/locked to prevent access at the end of each day.

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

Reason: To ensure public safety.

Conditions to be satisfied prior to the issue of an Occupation Certificate:

43. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifier shall be satisfied that all commitments listed in approved BASIX Certificate (referred to under Condition No 1) have been complied with.

Reason: Statutory requirement.

44. Completion of landscape works

Prior to the issue of an Occupation Certificate, the Principal Certifier is to be satisfied that all landscape works have been undertaken in accordance with the approved plan(s) and conditions of this development consent.

Reason: To ensure that the landscape works are consistent with the Development Consent.

45. Certification of drainage works (alterations/additions)

Prior to issue of an Occupation Certificate, the Principal Certifier is to be satisfied that:

1. The components of the new drainage system have been installed by a licensed contractor in accordance with the National Plumbing and Drainage Code AS3500.3 (2018) and the Building Code of Australia.

2. The stormwater drainage works have been completed in accordance with the approved Construction Certificate drainage plans, the nominated BASIX commitments and Ku-ring-gai DCP Part 24 ‘Water Management’.

Evidence from the plumbing contractor or a qualified civil/hydraulic engineer confirming compliance with this condition is to be provided to Council prior to the issue of an Occupation Certificate.

Reason: To ensure appropriate stormwater management.

46. Swimming pool (part 1)

Prior to the issue of an Occupation Certificate, the Principal Certifier shall be satisfied that:

1. Access to the swimming pool/spa is restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act 1992.

2. All mechanical equipment, including filters, pumps and heaters associated with the swimming pool and/or spa are housed within an enclosure. The enclosure is to be sound-proofed to the extent that noise from the operation of the mechanical equipment does not exceed 5dB(A) above the background noise (LA90, 15 min) level during the day when measured at the nearest adjoining property boundary and is not audible in habitable rooms of any adjoining residences at night (from 8.00pm to 7.00am). The background (LA90, 15 min) level is to be determined without the noise source present.

3. The swimming pool/spa shall be registered on the NSW Swimming Pool Register (www.swimmingpoolregister.nsw.gov.au <http://www.swimmingpoolregister.nsw.gov.au>) in accordance with the Swimming Pools Act 1992.

Reason: Statutory requirement to ensure the safety of children and to protect the amenity of surrounding properties.

Conditions to be satisfied at all times:

47. Outdoor lighting

All external lighting must:

1. Comply with AS/NZS 4282:2019: Control of the obtrusive effects of outdoor lighting and

2. Be mounted, screened and directed in a way that it does not create a nuisance or light spill on to buildings on adjoining lots or public places.

Lighting at vehicle access points to the development must be provided in accordance with AS/NZS 1158 Set: 2010 Lighting for roads and public spaces.

Reason: To protect the amenity of surrounding properties.

48. Noise Control - mechanical exhaust ventilation

Noise levels associated with mechanical exhaust ventilation installed on the premises

shall not be audible within any habitable room in any other neighbouring residential premises before 7.00am and after 10.00pm. Outside of these restricted hours noise levels associated with mechanical exhaust ventilation installed on the premises either as an individual piece of equipment or in combination shall not emit a noise level greater than 5dB(A) above the background noise (LA90, 15 min) when measured at the nearest adjoining property boundary. The background (LA90, 15 min) level is to be determined without the source noise present.

Reason: To protect the amenity of neighbouring residential occupants and neighbouring properties.

49. Swimming pool (part 2)

1. Access to the swimming pool must be restricted by a child resistant barrier in accordance with the Swimming Pools Act 1992.

2. Noise levels from the operation of mechanical equipment, including filters, pumps and heaters associated with the swimming pool, shall not exceed 5dB(A) above the background noise (LA90, 15 min) level during the day when measured at the boundary of the nearest affected residential occupancies and not be audible in habitable rooms of any adjoining residences at night (from 8.00pm to 7.00am). The background (LA90, 15 min) level is to be determined without the source noise present.

3. Devices or structures used for heating swimming pool water must not be placed where they are visible from a public place.

4. The disposal of backwash and/or the emptying of a swimming pool into a reserve, watercourse, easement or storm water drainage system is prohibited. These waters are to discharge via a permanent drainage line into Sydney Water's sewer in accordance with Australian Standard AS3500.2 section 10.9.

5. Lighting from the swimming pool and other communal facilities shall not detrimentally impact the amenity of other premises and adjacent dwellings.

Reason: To ensure the safety of children and protect the environment and amenity of surrounding properties.

50. Single occupancy restriction

Nothing in this Development Consent authorises the use of the premises other than for a single dwelling. No additional kitchen facilities are to be installed within - including the installation of any appliance, fixtures or fittings so as to alter the nature or concept of a single occupancy.

Reason: To ensure the premises is occupied in compliance with the Development Consent.

Ku-ring-gai Local Planning Panel Meeting - 16 August 2021	GB.1 / 1

Item GB.1	S11660

purpose of report:	To present the proposed heritage listing of the Killara Bowling and Lawn Tennis Club on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’) to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice.

background:	Following correspondence from NSW Heritage, advice from the Ku-ring-gai Heritage Reference Committee and resolutions of Council on 18 May and 15 June 2021, a Planning Proposal to heritage list the Killara Bowling and Lawn Tennis Club sites on Schedule 5 of the KLEP 2015 has been prepared for advice from KLPP.

comments:	The location of the Bowling and Lawn Tennis Clubs within the Springdale Conservation Area, bounded by Arnold Street, Locksley Street and Werona Avenue, does not necessarily adequately protect any potential heritage values of the site. A heritage assessment has concluded that the sites reach the threshold for heritage listing against the NSW Heritage criteria.

recommendation:	That the Planning Proposal to list the Killara Bowling and Lawn Tennis Club sites on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’) be presented back to Council as soon as practicable and progressed to Gateway Determination.

Attachments:	A1 ⇩	Planning Proposal to heritage list Killara Bowling and Lawn Tennis Club	2021/229858
	A2 ⇩	Appendix A - Heritage Assessment of Killara Bowling and Lawn Tennis Club - July 2021	2021/219904
	A3 ⇩	Appendix B - Letter - Response to Request for an Interim Heritage Order - NSW Heritage - March 2021	2021/075266
	A4 ⇩	Appendix C - Heritage Reference Committee Minutes - 20 May 2021	2021/153612
	A5 ⇩	Appendix D - Council report and resolution - OMC 15 June 2021	2021/221186

Ku-ring-gai Local Planning Panel Meeting - 16 August 2021	GB.2 / 1

Item GB.2	CY00440/9-2
	22 July 2021

purpose of report:	To table the Ku-ring-gai Local Planning Panel’s (KLPP) Disclosure of Interest returns Register in accordance with Schedule 1 of the Local Planning Panels Model Code of Conduct (the Code).

background:	The Local Planning Panels Model Code of Conduct (the Code) places specific obligations on local planning panel members involved in making decisions, or giving advice on matters which go to a local planning panel, to ensure they act honestly and responsibly in carrying out their functions. Local planning panel members need to complete and lodge a written disclosure of interest return. The form of the return is prescribed in Schedule 2 of the Local Planning Panels Model Code of Conduct. This obligation to lodge returns is as much a protection for local planning panel members as it is for the community. Clause 4.21 of the Code requires that the Disclosure of Interest Return Register be tabled at the first meeting of the local planning panel after the last day the return is required to be lodged.

comments:	All returns received from KLPP members have been collated into a register. The register will be tabled at the KLPP on Monday, 16 August 2021. Returns were received from all KLPP Members.

recommendation:	That the tabling of the Disclosure of Interest Returns Register be noted.

Ku-ring-gai Local Planning Panel Meeting - 16 August 2021	GB.3 / 1

Item GB.3	DA0470/20

Report title:	60 Ku-ring-gai Avenue, Turramurra - Internal alterations and additions, landscaping works and sauna.
ITEM/AGENDA NO:	GB.3

Application No:	DA0470/20
ADDRESS:	60 Ku-ring-gai Avenue, Turramurra Lot 12 DP 713685 1979.00m² R2 Low Density Residential
Ward:	WAHROONGA
description of proposal:	Internal alterations and additions, landscaping works and sauna
Applicant:	Stephanie Sally Craddock
Owner:	Mr JB Craddock, Mrs SS Craddock
Date Lodged:	2 December 2020
submissions:	No submissions received
assessment officer:	Luke Marquet
Recommendation:	Approval

Attachments:	A1⇩	Development Assessment Report	2021/194295
	A2⇩	Location Sketch	2021/211289
	A3⇩	Zoning Sketch	2021/211291
	A4⇩	Architectural Plans	2021/180319
	A5⇩	Landscape Plans	2021/180315
	A6 ⇩	Statement of Environmental Effects	2020/360358
	A7 ⇩	Clause 4.6 Objection Development Standard	2021/208922
	A8 ⇩	BASIX Report	2020/360364