Inspection Committee Meeting

4 February 2012, 8:30am



Notice of Meeting


Dear Councillors


Notice is given of the Inspection Committee, to be held onsite on Saturday 4 February 2012 commencing at 8:30am. The business to be transacted at the meeting is included in this business paper.


Yours faithfully

Peter Brown

General Manager



Important Information


The Inspection Committee inspects sites in order for Councillors to inform themselves and listen to any person who has an issue or concern about the proposal.  It is appropriate that any debate and decision take place at a Council Meeting, not onsite.


Councillors enter premises at the invitation of the property owner/occupier, and Council encourages the property owner/occupier to allow relevant third parties to accompany the Committee on its inspection.


The Committee is governed by Council’s Code of Meeting Practice, and no recording of the meeting is allowed.


Committee Meeting Procedures


The Inspection Committee Council meeting is chaired by the Mayor, Councillor Win Gaffney. Items referred to the Committee are referred to a Council or Committee Meeting for determination. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.


The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting.


If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.




Inspection Committee 4 February 2012








2.       Environmental Services Division Report No. 3

SUBJECT: 21 Dunois Street, Longueville (9:00AM)........................................ 4  





Inspection Committee Meeting 4 February 2012

Environmental Services Division Report No. 3



Reference:     Environmental Services Division Report No. 3

Subject:          21 Dunois Street, Longueville    

Record No:    DA01/287-1 - 3519/12

Author(s):      Norm Fletcher 



Property:                     21 Dunois Street Longueville

Application No:            DA 287/01A (Section 96 modification)

Date Lodged:              21/11/2011

Cost of Work:              Additional $2,500 to the value of the original development

Owner:                                    C & M Palamara

Applicant:                    C & M Palamara


Section 96 modification to the roof terrace area that was approved with the original application for a new dwelling house and roof terrace


R2 - Low Density Residential










Class 1a




Neighbours                  72, 68, 70, 74, Kenneth Street, Longueville; 75, 73, 71 Arabella Street, Longueville; 3 Cowper Street, Longueville.

Ward Councillors        W Gaffney, A Smith, S Forrest, S Bennison

Progress Association  Longueville Residents Association


The section 96 modification application has not been called by any Councillors.  However, the original development application DA 01/287 and a subsequent section 96 modification application were approved by Council and this section 96 modification application is therefore referred to the Council for the decision.  


·    The application seeks to modify the original consent so as to increase the trafficable roof area and propose a new stainless steel balustrade system secured to the new tile covering to the replaced water proof membrane.

·    Two submissions were received in response to the notification of the modification application. The issues raised in the submission are as follows:

Works not being in accordance with the consent.

Reduction in the setback would allow an increase in trafficable roof terrace area.

Simple balustrade would not be adequate to maintain the area as non trafficable.

To ensure privacy is maintained, the originally approved 4 metre setback be maintained.

·    The modification proposal is recommended for approval subject to condition 1 of the consent being altered and the condition requiring shade cloth (condition 48) being deleted as indicated in the recommendation.


The site is known as 21 Dunois Street, Longueville and has a single storey masonry dwelling house with a sheet metal flat roof on the western section and a tiled deck on the eastern section.  The section of Dunois Street, where the property is located, is between Arabella Street to the east and Kenneth Street to the west.  The site is on the northern side of Dunois Street and adjoins three properties to the north, west and east.

The deck area, where the modification relates, is above the main dwelling house and has views toward Sydney Harbour above the dwelling located on the eastern side being 73 Arabella Street.  Site plan and Notification plan attached (AT-1 and AT-2).


The proposal is to increase the available trafficable deck area by approximately 10.6m2 that would require the additional area located 2m from the northern edge of the existing roof top.  The original approval required a 4m set back from the northern edge of the roof top as being not available for trafficable use.  The approved set back from the eastern side being 2m remains unchanged.

The proposal indicates that the area to be used for trafficable and non trafficable purpose would be defined by a 1.0m high stainless steel balustrade that would be secured to the tiles and the existing masonry parapet walls. It would have intermediate support posts generally at 1.3m centres with horizontal stainless steel wires at 105mm spacing.

The proposed new balustrade location in relation to the boundary with the property to the north (3 Cowper St) would be approximately 4.9m and 4.2m to the common boundary with the property at the east.

The property adjoining the northern side boundary is planted with boundary shrubs (reasonable density) that have an average height of approximately 4m. The plantings do provide a sense of privacy as the swimming pool in the rear yard of the property to the north, would not be visible to any person in a standing position adjoining the proposed new balustrade.

The rear deck at 3 Cowper Street does allow a viewing opportunity to the roof terrace area at the subject site and again persons on the terrace can also look towards 3 Cowper Street. However the principal views afforded to both 3 Cowper Street and the subject site are to the east, towards the Sydney Harbour and Woodford Bay waterways.

The proposed modifications may create an increased privacy concern to the properties fronting Arabella Street to the north-east (being 71 Arabella Street) as the terrace area with the altered trafficable area would allow for a direct viewing of 71 Arabella Street.


The original approval DA 287/01 was issued by Council on 12 December 2001 for the demolition of an existing dwelling house and the construction of a new single storey dwelling house with a roof terrace.

The roof terrace, as approved, is located on the eastern side of the building with the western side being sheet metal.

A section 96 modification application was lodged to replace the skillion roof to a flat roof towards the rear of the house. The application was approved on 24 November 2003 subject to the amendment to Condition 1 and addition of condition 48 which are as follows:

Condition 1.

“The trafficable roof area must be restricted as not to extend closer than two (2.0) metres from the eastern edge of the roof and four (4.0) metres form the northern edge of the roof.  Access to the non trafficable roof area is to be restricted by installing shade fabric covering the whole of the non trafficable area at a height of not greater than 900 mm above the height of the roof slab level in accordance with sheets 1 and 2 undated. The reason for this condition is to ensure the area covered by the fabric remains non trafficable in order to ensure privacy to the neighbouring residences is maintained”

Condition 48.

“The shade sails be maintained at all times over the non trafficable roof areas to prevent access.”

The terrace has a perimeter wall approximately 800 mm above the concrete slab roof structure that is partially used as the roof terrace.

Council on 20 October 2011 served a notice of intention on the owners of the property as the shade fabric had been removed and access was available to the area that was identified as non trafficable.

The owners subsequently submitted a section 96 application in response to the proposed order and also indicated that due to internal water damage to the dwelling house, because of a failing roof terrace membrane, urgent works were necessary to replace the membrane. The membrane was replaced and the terrace area has been tiled to protect the membrane.


Local Environmental Plan 2009

Zoning:           R2 Low Density Residential

Site Area:       500 m²





Floor Space Ratio

No change



Height of Buildings

No Change




Comprehensive DCP





Front setback (min)

No change

Consistent with area or 7.5m


Secondary street setback (corner lots)




Side setback (min)

No change



Rear setback (min)

No change

<1000m²: 8m or 25%

>1000m²: 10m or 35%


Wall Height (max) (maximum parapet of 600mm)

No change



Maximum Ridge height

No change



Subfloor height (max)




Number of Storeys (max)




Landscaped area (min)(Minimum width of 1m required to be included in area)

No change



Foreshore Building Line          (min)




Cut and Fill      (max)




Solar Access


3 hrs to north-facing windows


Provide for view sharing




Heritage Conservation




Deck/Balcony depth (max)

5 m



Private open space

No change

24 m² (min)

4m minimum depth







Senior Building Surveyor

No objection has been raised to the S96 proposal.

section 96(2) Lane Cove LOCAL Environmental Plan 2009 (Section 79c (1) (a))

·    Section 96 (2) (a) The development to which the consent relates to is substantially the same development

The proposed modification relates to an increase in the trafficable area provided on the roof terrace and relocation of the balustrade on the northern side of the terrace 2.0m towards the northern side of the dwelling house.

The proposed changes as submitted are relatively minor in nature as they do not alter the main building bulk of the approved dwelling house. The relocation of the balustrade would depart from the original approval but generally it is considered that the overall development would be substantially the same.

·    Section 96 (2) (b) Consultation with relevant Minister, Public Authority of Approval Body

There is no requirement to consult with the Minister, Public Authority or Approval Body as a result of the proposed modification.

·    Section 96 (2)(c) Any submissions made

The proposal was advertised in accordance with Council’s policy of Community Consultation and two submissions were received from the owner of 3 Cowper Street an adjoining property towards the north and the owner of 71 Arabella Street an adjoining property towards the north-eastern corner of the subject site.

Section 79 (C) Matters for Consideration

·    Section 79 (C) (a) (i) The provisions of any Environmental Planning Instrument

The subject site is zoned R2 - Low Density Residential under the provisions of the Lane Cove Local Environmental Plan 2009. The proposal is permitted with the consent of Council.

·    Section 79 (C) (a) (ii) The provisions of any Draft Environmental Planning Instrument

There are no Draft Environmental Planning Instruments that need to be considered.

·    Section 79 (C) (a) (iii) The provisions of any Development Control Plan

The original development was assessed against Council’s Code for Dwelling Houses and the current development is assessed against Council’s Comprehensive Development Control Plan.

The proposed modifications depart from the original approved plans which required a setback of 4 m from the northern edge of the building and shade cloth to prevent access to the non trafficable area.

The proposal is to remove the shade cloth installation and provide a stainless steel balustrade set back 2m from the external wall of the dwelling. The aim of the balustrade is to prevent access to the non trafficable area.

Variations to Council’s Codes/Policies

The proposal alters the set back requirements as indicated in condition 1 of the original consent.

The width of the roof top terrace to the east is 5m as originally approved and to the north is proposed to be 11.5m, an increase of 2m.

The application proposes an increase to the roof terrace trafficable area. This would increase overlooking and impact upon privacy of the adjoining properties.

The intent of the original consent was to limit the use of the trafficable roof terrace area by the application of a physical barrier in the form of a shade cloth structure.

It is considered that a 4m set back to the north should be maintained, even though the vegetation along the northern side boundary does provide some screening to the rear yard of 3 Cowper Street.

In regard to ensuring privacy can be maintained, the provision of additional screen planting via roof top planter boxes on the northern side adjoining the proposed balustrade system is recommended as a condition of the consent.

·    Section 79 (C) (b) The Likely Impacts of the Development

The modifications as proposed have raised a concern from an adjoining property owner regarding possible loss of privacy.

The privacy concern can be addressed by the provision of a condition requiring planter boxes inside the new stainless steel balustrade as it would then restrict access to the non trafficable area and also provide an opportunity to allow for plantings on the dwelling house roof top.

The installation of planter boxes with a minimum width of 600mm and planted with permanent shrubs that attain a height of 1.5m would limit any impact on properties to the north.

·    Section 79 (C) (c) The suitability of the site for development

The modification as proposed is acceptable as it would not change the original approved residential land use and also would not affect the suitability of the site for the proposal.

·    Section 79 (C) (d) Any submissions made

The proposal was advertised in accordance with Council’s policies.

·    The submission from 3 Cowper Street raised concern with regard to works being carried out not in accordance with the original consent.


Council served a proposed order, as an inspection by Council’s Building Surveyor indicated that the shade cloth installation to restrict access to part of the roof terrace area had been removed.

Subsequent to the proposed order an application was made for a section 96 modification to the roof terrace area as indicated on the submitted plans.

·    The submission from the owner of 71 Arabella Street raised a concern that the reduction in the set back would allow an increase in the roof terrace trafficable area. It has been indicated that a simple barrier (balustrade) is not sufficient to maintain the area as non trafficable.

·    It has also been submitted by the owner of 71 Arabella Street that to ensure privacy can be protected, the original approved 4m setback be maintained and an exclusion method be required by Council for the non trafficable area.


It is recommended that the width of the non trafficable area towards the north be maintained as approved in the original application. In addition, a planter box is required to ensure that privacy can be maintained to the adjoining properties.


·    Section 79 (C) (e) The Public Interest

The proposed modification would create a situation where privacy would be a concern to the adjoining properties particularly to the north and north east.

It is considered that the 4m set back should be maintained and a planter box installation be required to ensure that privacy can be maintained to the adjoining properties.

It is considered that approval of the application that maintains the 4m set back and the installation of planter boxes is in the public interest.



The application has been assessed having regard to the relevant Planning Instruments and Council Controls, as well as public good and suitability of the site.  The matters under Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979 have been considered and are assessed as being adequate and satisfactory.





That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D287/01 granted on 12 December 2001 and subsequently modified on 24 November 2003 for a residential development at 21 Dunois Street Longueville is amended in the following manner:-

A.        Amend Condition 1 as follows:-

·    The trafficable and useable recreational terrace area on the roof is to be restricted to the area behind the stainless steel balustrade that is to be located 4m from the northern side and 2m from the eastern side of the dwelling external parapet walls that is consistent with the original development approval.

·    The Drawing number DA01 as submitted with the section 96 modification application be amended to indicate a 4m set back to the northern side and also to include a planter box installation that has a minimum width of 600mm and is to be located adjoining the inside section of the northern balustrade. The planter box to be provided with plantings that attain a height of 1.5m to be used as screen and ensuring privacy can be maintained to the properties on northern side of 21 Dunois Street.

·    The amended drawings to be submitted to the Council prior to the installation of the new stainless steel balustrade.

B.        Delete Condition 48

            “The shade sails be maintained at all times over the non trafficable roof areas to prevent access.”






Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

Site Location Plans

2 Pages

AT‑2 View

Neighbour Notification Plan

2 Pages




Environmental Services Division Report No. 3.DOC - Site Location Plans



Environmental Services Division Report No. 3.DOC - Neighbour Notification Plan