Development Control Committee Minutes

203 Pages·2013·1.72 MB·English

Woollahra Municipal Council Development Control Committee Minutes

Development Control Committee
Minutes

Monday 2 December 2013

Table of Contents

D1 Confirmation of Minutes of Meeting held on 18 November 2013 ....................................... 3807
D2 DA355/2012 part 2 – 14 Princes Avenue, Vaucluse - Section 96 Application –
Proposed Modifications to reduce levels (RLs) of each floor level & increasing the
overall height of the approved development by 500mm – 4/6/2013 .................................... 3807
D3 DA368/2011 part 4 – 52 Hopewell Street, Paddington - Section 96 Application –
Proposed Modifications to approved plans to allow an increase in height of the eastern
façade by 350mm including works to Council‘s footpath levels – 29/8/2011 ..................... 3809
D4 DA393/2012 part 2 – 10-12 Saber Street, Woollahra – Section 96 Application –
Proposed modification to Condition Nos. A.4, C.1 & E.3 to allow an increase in the
number of children from 56 to 65 with additional excavation to accommodate an outdoor
play area under 12 Saber Street & the relocation of the parking space – 10/6/2013 ............ 3812
D5 DA491/2011 part 3 - 93 Victoria Road, Bellevue Hill – Section 96 Application –
Proposed modifications internal & external including landscaping – 4/9/2013 ................... 3819
D6 DA288/2013 - 45 Grosvenor Street, Woollahra – Alterations & additions to existing
building including additions to the rear, new garage with a loft over, attic level with
dormer & the use of the premises as a dental surgery (medical consulting rooms)
– 8/7/2013 ............................................................................................................................. 3823
D7 DA265/2013 - 4 Salisbury Street, Watsons Bay – Alterations & additions to an existing
dwelling-house & the construction of a swimming pool – 26/6/2013 .................................. 3855
D8 DA36/2013 - 144-146 Edgecliff Road, Woollahra – Alterations & additions to existing
mixed use building including the addition of 2x2 bedroom units on the 2nd floor level,
alterations to the existing units on the 1st floor level & works to the commercial tenancy
on the ground floor level, landscaping & siteworks, including category 1 remediation
work & the decommissioning of an underground storage tank – 12/2/2013 ........................ 3889
D9 DA236/2013 - 11 Military Road, Watsons Bay – Alterations & additions to a dwelling
house – 13/6/2013 ................................................................................................................. 3933
D10 DA461/2013 - 33 Cross Street, Double Bay – Alterations to existing hotel building
including the refurbishment of the ground floor including an upgrade entry, a new café
& outdoor seating, upgrade of the 1st floor level public areas including bars, restaurants
& function areas, upgrade of club lounge on level 2 & upgrade to Level 6 (roof area)
with a new pool & bar/restaurant area – The Proposal also includes fire safety upgrades,
new external finishes & new signage – 11/10/2013 ............................................................. 3967
D11 Register of Current Land and Environment Court Matters and Register of Court
Proceedings for Building Control, Environmental Control & Health Control ..................... 4006

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Woollahra Municipal Council Development Control Committee Minutes

Development Control Committee
Minutes

Minutes of the Meeting held on
Monday 2 December 2013 at 6.00pm

Present: Her Worship the Mayor, Councillor Toni Zeltzer ex-officio (Items D3 to D11)
Councillors Greg Levenston (Chair) (Items D1 & D2) & (part D9 to D11)
Ted Bennett (Chair) (Items D3 to D11)
Luise Elsing
Elena Kirillova (Items D2 to D11)
Anthony Marano
Katherine O‘Regan (Items D1, D3 to D11)

Staff: Allan Coker (Director – Planning & Development)
Nick Economou (Team Leader)
George Fotis (Team Leader)
Dimitri Lukas (Senior Assessment Officer)
Sue O‘Connor (Secretarial Support - Governance)
Patrick Robinson (Manager – Development Control)
David Waghorn (Team Leader)

Session One: 6.00pm to 8.00pm
Session Two: 8.35pm to 10.05pm

Also in Attendance: Councillor Thomas (Items D7 to D11)

Note: The Chair Councillor Levenston vacated the Chair and was an apology for Items D3
to D8 (inclusive). Councillor Bennett assumed the Chair for the remainder of the
meeting (Items D3 to D11). Councillor Levenston returned to the meeting and was
present during consideration of Items D9 to D11.

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Leave of Absence

Leave of Absence previously granted by Council: Nil

Apologies: Apologies were received and accepted from
Councillor Matthew Robertson.

Late Correspondence

Late correspondence was submitted to the committee in relation to Items: D2, D5, D8, D9 & D10

Declarations of Interest

Nil

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Woollahra Municipal Council Development Control Committee Minutes

Items Decided by this Committee using its Delegated Authority (Items D1 to D11)

Item No: D1 Delegated to Committee
Subject: Confirmation of Minutes of Meeting held on 18 November 2013
Author: Les Windle, Manager - Governance
File No: See Council Minutes
Reason for Report: The Minutes of the Meeting of Monday 18 November 2013 were
previously circulated. In accordance with the guidelines for Committees‘
operations it is now necessary that those Minutes be formally taken as
read and confirmed.

(Elsing/O’Regan)

Resolved:

That the Minutes of the Development Control Committee Meeting of 18 November 2013 be taken
as read and confirmed.

D2 DA355/2012 part 2 – 14 Princes Avenue, Vaucluse - Section 96 Application – Proposed
Modifications to reduce levels (RLs) of each floor level & increasing the overall height of
the approved development by 500mm – 4/6/2013

Note: Late correspondence was tabled by Council‘s Senior Assessment Officer, Eleanor
Smith, P & M Erman, Dr Sophie Bakis-Petsoglou & Danny Pullicin.

Note: Mary Pullicin, Olivia & Nathan Lowe & Harvey Saunders representing Dr Sophie Bakis
– Petsgolou, objectors, & George Karavanas Consultant Planner & Dr Richard Lamb
for the Applicant, addressed the Committee.

Note: The Committee added new Condition No. C.1 (e) (height of the building).

Motion moved by Councillor Kirillova
Seconded by Councillor Bennett

That the Staff recommendation for approval be adopted with a 200mm reduction in the height.

Amendment moved by Councillor Elsing
Seconded by Councillor Levenston

That the Staff recommendation for approval be adopted.

The Amendment was put and lost
The Motion was put and carried

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Woollahra Municipal Council Development Control Committee Minutes

(Kirillova/Bennett)

Resolved: Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979

THAT Council, as the consent authority, modify development consent to Development Application
No. 355/2012 part 2 for the demolition of the existing dwelling-house, and the construction of a
new dwelling-house, swimming pool, landscaping, and siteworks on land at 14 Princes Avenue
Vaucluse, in the following manner:

The addition of the following condition:

A.7 Approved Amended (s96) Plans and supporting documents

Those acting upon or under this amended consent must carry out all work and maintain the
use and works in accordance with the approved plans and supporting documents listed in the
original consent, as amended by the amended approved plans and supporting documents as
submitted by the Applicant and to which is affixed a Council stamp ―Approved Section 96
Plans‖ listed below otherwise than modified by further condition(s). Where the plans relate to
amendments, alterations or additions only those works shown in colour or highlighted are
approved.

Reference Description Author/Drawn Date(s)

1-01 A Architectural Plans X.PACE 03.06.13
1-02 B 02.10.13
1-03 B 01.10.13
1-04 B 01.10.13
2-01 A 03.06.13
3-01 B 01.10.13
3-02 B 01.10.13

Note: These plans and supporting documentation may be subject to conditions modifying the development
imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue
of any Construction Certificate.)

Standard Condition: A6

The modification of the following condition:

C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be
submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the
following amendments:

a) Delete any reference to a roof terrace from the roof plan.
b) To ensure a satisfactory streetscape outcome, the rendered balustrade to the front lawn
shall be replaced with a transparent balustrade, constructed of either glass or metal
railings.
c) Delete any reference to new side and rear boundary fences.
d) All proposed trees and plantings shall be of a species that shall not exceed a maximum
mature height of 8 metres.
e) The height of the building shall be reduced by 200mm from RL 76550 to RL
76350.

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Note: The effect of this condition is that it requires design changes and/or further information to be provided
with the Construction Certificate drawings and specifications to address specific issues identified during
assessment under section 79C of the Act.
Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition
unless the Certifying Authority is satisfied that the condition has been complied with.
Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with
this consent.
Standard Condition: C4

Note: In accordance with section 375A of the Local Government Act a Division of votes is
recorded on this planning matter.

For the Motion Against the Motion

Councillor Bennett Councillor Elsing
Councillor Kirillova Councillor Levenston
Councillor Marano

3/2

D3 DA368/2011 part 4 – 52 Hopewell Street, Paddington - Section 96 Application –
Proposed Modifications to approved plans to allow an increase in height of the eastern
façade by 350mm including works to Council’s footpath levels – 29/8/2011

Note: Adam Burton & Ian & Sue Hosking, objectors, addressed the Committee.

(Elsing/Kirillova)

Resolved: Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, modify development consent to Development
Application 368/2011 for construction of new 3 storey single dwelling house on land at 52
Hopewell Street Paddington, subject to the following conditions:

Condition No. A.6 is to be deleted and replaced by the following:

A.6 Approved Amended (s96) Plans and supporting documents

Those acting upon or under this amended consent must carry out all work and maintain the
use and works in accordance with the approved plans and supporting documents listed in the
original consent, as amended by the amended approved plans and supporting documents as
submitted by the Applicant and to which is affixed a Council stamp ―Approved Section 96
Plans‖ listed below otherwise than modified by further condition(s). Where the plans relate to
amendments, alterations or additions only those works shown in colour or highlighted are
approved.

Reference Description Author/Drawn Date(s)

DA1_02,03,04,05(2) Architectural Plans X. Pace 21/01/2013
DA2_01(3),
DA03_01(2), 02(3)

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Woollahra Municipal Council Development Control Committee Minutes

Note: These plans and supporting documentation may be subject to conditions modifying the development
imposed under section 80A(1)(g) of the Act (refer to conditions which must be satisfied prior to the issue
of any Construction Certificate.)

Standard Condition: A6

Condition No. C.4 is to be deleted and replaced by the following:

C.4 Road and Public Domain Works – Council Approval Required

A separate application under Section 138 of the Roads Act 1993 is to be made to, and be
approved by, Council for the following infrastructure works prior to the issuing of any
Construction Certificate. The infrastructure works must be carried out at the applicant's
expense:

Footpath

 Full width vehicular crossings having a width of 3.5m in accordance with Council‘s
standard driveway drawing RF2B;
 A design longitudinal surface profile for the proposed driveway must be submitted for
assessment;
 Removal and replacement of the existing footpath for the full width of the property in
accordance with Council‘s standard drawing RF3;
 Removal of all driveway crossings and kerb laybacks which will be no longer required;
 Reinstatement of footpath, kerb and gutter in accordance with Council‘s Standard
Drawing RF3;
 Removal of the existing pram ramp, and kerb and gutter adjacent to the existing vehicle
crossing.
 Relocation of existing Energy Australia Pole - The proposed driveway crossing and
vehicular access will require the relocation of an existing street light/power pole as
shown on plan by Xpace Dwg No 1_02 dated 21.1.13.

Prior to relocation of the pole the applicant is to make written application to Council for its
removal and replacement. Subject to agreement to the relocation by Council, Council will
then forward a request to Energy Australia.

Energy Australia has requirements concerning access to services that it provides. The
requirements of Energy Australia must be obtained and submitted to the Accredited Certifier.
All costs associated with the relocation of the street light must be borne by the applicant.

Contact for Council:

Manager – Engineering Services
Ph: 9391 7127
Fax: [phone]

Drainage

 Construction of a standard gully pit in the kerb fronting the subject site in accordance
with Council‘s Standard ―Grated Gully Pit with extended Kerb Inlet‖ drawing DR1.
 Construction of approximately 20.0m of 600mm RCP in-ground drainage line under the
kerb and gutter.

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Woollahra Municipal Council Development Control Committee Minutes

 The construction of a standard gully pit which is to be provided at the connection of the
new pipe and the existing pipeline in accordance with Council‘s Standard ―Grated Gully
Pit with extended Kerb Inlet‖ drawing DR1.
 The developer shall be responsible for carrying out any service investigations to allow a
gravity connection.

Bond

 A bond of $75,975 will be used as security to ensure the satisfactory completion of the
infrastructure works. The security or bank guarantee must be the original and not have
an expiry date.
 Council may use all or part of the Infrastructure Bond as well as the Property Damage
Security Deposit to meet the cost of removing or completing the works if they do not
meet Council‘s requirements.
 The Deposit/Bond will not be released until Council has inspected the site and is
satisfied that the Works have been completed in accordance with Council approved
drawings and to Council requirements

Note: To ensure that this work is completed to Council‘s satisfaction, this consent by separate condition, may
impose one or more Infrastructure Works Bonds.
Note: Road has the same meaning as in the Roads Act 1993.
Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public
stormwater drainage works must be detailed and approved prior to the issue of any Construction
Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway
crossing grades and stormwater. Changes required under Roads Act 1993 approvals may necessitate
design and levels changes under this consent. This may in turn require the applicant to seek to amend this
consent.
Note: See condition K24 in Section K. Advisings of this Consent titled Roads Act Application.
Standard Condition: C13

Condition No. H.3 is to be deleted and replaced by the following:

H.3 Road Works (including footpaths)

The following works must be completed to the satisfaction of Council, in compliance with
Council‘s ―Specification for Roadworks, Drainage and Miscellaneous Works‖ dated January
2003 unless expressly provided otherwise by these conditions at the principal contractor’s or
owner’s expense:

a. stormwater pipes, pits and connections to public stormwater systems within the road;
b. driveways and vehicular crossings within the road;
c. removal of redundant driveways and vehicular crossings;
d. new footpaths within the road;
e. new or replacement street trees;
f. relocation of existing power/light pole – any changes to the pole location as shown on
plan by Xpace Dwg No 1_02 dated 21.1.13 will require written agreement to the
relocation from Council. Council will then forward a request to Energy Australia for
the relocation.
g. new footway verges, where a grass verge exists, the balance of the area between the
footpath and the kerb or site boundary over the full frontage of the proposed
development must be turfed. The grass verge must be constructed to contain a uniform
minimum 75mm of friable growing medium and have a total cover of turf predominant
within the street.
h. new or reinstated kerb and guttering within the road; and

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i. new or reinstated road surface pavement within the road.

Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until
compliance has been achieved with this condition. An application for refund of security must be
submitted with the Final Occupation Certificate to Council. This form can be downloaded from
Council‘s website www.woollahra.nsw.gov.au or obtained from Council‘s customer service centre.

Standard Condition: H13

Note: In accordance with section 375A of the Local Government Act a Division of votes is
recorded on this planning matter.

For the Motion Against the Motion

Councillor Bennett Nil
Councillor Elsing
Councillor Kirillova
Councillor Marano
Councillor O‘Regan
Councillor Zeltzer

6/0

D4 DA393/2012 part 2 – 10-12 Saber Street, Woollahra – Section 96 Application – Proposed
modification to Condition Nos. A.4, C.1 & E.3 to allow an increase in the number of
children from 56 to 65 with additional excavation to accommodate an outdoor play area
under 12 Saber Street & the relocation of the parking space – 10/6/2013

Note: Kaream Diskoros, the Operator, addressed the Committee

(Kirillova/Marano)

Resolved: Pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979

PART A

THAT Council, as the consent authority, modify development consent to DA 393/2012/1 for the
change of use of 12 Saber Street to a child care centre and alterations to 10 Saber Street to
accommodate an expansion of the approved child care centre over both sites for 65 children and 14
staff from 7am to 6pm Monday to Friday, at 10 and 12 Saber Street, Woollahra, in the following
manner:

The modification of the following conditions

A.4 Number of Children

The number of children accommodated within the child care centre at 10 and 12 Saber Street
is limited to 65 at any time.

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A.5 Modifying Development Application

In the event of any inconsistencies between the approved plans for DA306/2011/1-2 and the
plans for DA393/2012/1-2, DA393/2012/1-2 prevails.

C.1 Modification of details of the development (s80A(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be
submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the
following amendments:

a) Deleted
b) Deleted
c) Deleted
d) Deleted
e) Deleted
f) One toilet for sole use of staff is to be provided within the centre
g) The use of the storage area at the rear of 12 Saber Street for the storage of outdoor
equipment
h) The lower ground floor level outdoor play area is to permit free and vigorous play and
include a variety of surfaces such as grass, sand, hard paving and mounding (compliant
with AS4422 – Playground surfacing).

Note: The effect of this condition is that it requires design changes and/or further information to be provided
with the Construction Certificate drawings and specifications to address specific issues identified during
assessment under section 79C of the Act.
Note: Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition
unless the Certifying Authority is satisfied that the condition has been complied with.
Note: Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with
this consent.
Standard Condition: C4

C.2 Modification of Plan of Management

The Plan of Management dated August 2013 is to be amended in the following manner:

a) Deleted
b) Deleted
c) Clauses 26 is to be amended by deleting “This time is unlimited if providing outdoor
education activities”
d) Deleted

In addition, the following clauses are to be added:

a) Clause 71: The three car parking spaces off Dudley Lane are to be reserved for staff use
b) Clause 72: Parents/carers are to be advised on the availability of the two time limited
car parking spaces in Saber Street. Should there be any disabled parents or children
attending the centre, the westernmost space is to be nominated for use by that parent
c) Clause 73: Parents/carers are to be advised of the availability of alternative parking
facilities within the vicinity of the site, including 15 minute free parking within the
Wilston parking station, and 5 minute parking in Grafton Street
d) Clause 74: Staff and parents/carers are to be encouraged to walk or use public transport

Development Control Committee of 2 December 2013 Page 3813