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Late Agenda

Independent Hearing and Assessment Panel Meeting

3 November 2015, 5:00pm

 


Independent Hearing and Assessment Panel 3 November 2015

TABLE OF CONTENTS

 

 

Independent Hearing and Assessment Panel Reports

 

1.      2 Birriwa Place, Northwood  

 

 

 


 

Independent Hearing and Assessment Panel Meeting 3 November 2015

2 Birriwa Place, Northwood

 

 

Subject:          2 Birriwa Place, Northwood     

Record No:     DA14/153-01 - 65202/15

Division:         Environmental Services Division

Author(s):       Rebecka Groth 

 

 

 

Property:

2 Birriwa Place, Northwood

DA No:

DA2014/153

Date Lodged:

23/09/2015

Cost of Work:

NA

Owner:

DL & LH Cahill

Applicant:       

DL & LH Cahill

 

Description of the proposal to appear on determination

Section 96(2) modification to DA 153/2014 to amend condition 1 and delete conditions 2 to 5 inclusive from the consent. 

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a, 10a, & 10b

Stop the Clock used

Yes

Notification

Neighbours: 1-5 Birriwa Place, 86, 87, 88 & 97 Northwood Road,

Northwood. 

Ward Councillors

Progress Association: Lane Cove Bushland & Conservation

Society                                  

 

EXECUTIVE SUMMARY

 

A supplementary report has been prepared to the initial IHAP report for 2 Birriwa Place, Northwood. The property immediately south of the subject site, 3 Birriwa Place was inspected following receipt of a late submission. Whilst the submission made by SJB Consulting was considered in the initial IHAP assessment report, it was not possible to undertake an inspection of 3 Birriwa Place, Northwood until 27 October 2015.

 

The level of privacy likely to be enjoyed by 3 Birriwa Place has been considered in light of the proposed modification and the ability to undertake an inspection.

 

Two amendments are recommended to the initial IHAP report.

 

It is noted the height poles within the subject site clearly detail the overall height of the dwelling house, however the level of the terrace is not indicated. The applicant was requested to clearly indicate the height of the terrace to assist IHAP in its assessment. The applicant agreed to do so however the applicant advised it would be unlikely that the terrace levels would be certified by a registered surveyor in time for the IHAP meeting.

SITE

 

Birriwa Place is a cul-de-sac situated on the western side of Northwood Road and provides access to 8 allotments. Surrounding developments comprise two storey dwelling houses with significant water and river views.  The subject site is located at the western end of the cul-de-sac and adjoins Woodford Bay to its rear.  The site is vacant. 

 

ASSESSMENT OF MODIFICATION FOLLOWING SITE INSPECTION

 

It is noted during the IHAP’s consideration of the Section 82(a) Review of Determination, the primary concern was the likely impact on the amenity of 3 Birriwa Place. 

 

The primary internal and external living areas of 3 Birriwa Place are situated along the shared boundary with the subject site. Section X detailing a possible line of sight prepared for the applicant was given careful consideration following an inspection of 3 Birriwa Place. Consideration of the existing height pole installed on the subject site was also given. It is noted the height pole clearly details the overall height of the dwelling house, however the level of the terrace is not clearly indicated.

 

Section X details a line of sight from the proposed roof terrace to what is assumed as the outdoor dining area of 3 Birriwa Place as being obstructed by the eave overhang of 3 Birriwa Place. It is assumed the sight line is taken whilst standing on the roof deck. It is considered likely that a line of sight would be possible into the outdoor dining area and internal living room within 3 Birriwa Place whilst being seated on the current roof terrace.

 

As such Condition 1 is recommended to be amended in a similar manner imposed by the IHAP. It is recommended that the applicant delete the western section of the roof deck as marked on the plan on the top floor (ground plan).  The deck shall be marked on the plans as non-trafficable.

 

Consideration of the proposed ‘screening to side boundary windows’ as per the revised southern elevation and floor plan for the top floor (ground plan) was also given during the inspection. It is noted the angle of screening detailed on the floor plan indicates direct views into 3 Birriwa Place would be unlikely from the stairwell window. To ensure the amenity of 3 Birriwa Place is maintained, it is recommended that Condition 3 relating to the installation of privacy screening be further amended. The privacy screening is to be inspected by the Private Certifying Authority prior to occupation and ensure and/or confirm that direct views into 3 Birriwa Place, Northwood are not possible.

 

CONCLUSION

 

Notwithstanding the apparent compliance with Council’s DCP, the IHAP of the 12 June 2015 were concerned as to the potential impacts to 3 Birriwa Place and imposed setback conditions to limit such. Having regards to such concerns the level of privacy likely to be enjoyed by 3 Birriwa Place has been considered following receipt of a late submission and inspection.

 

In order to ensure that a reasonable level of amenity is maintained for 3 Birriwa Place, it is recommended Condition 1 be amended requiring the western section of the roof deck be deleted as per the marked plan.

A review of Section X indicates it is likely a line of sight would be possible into the outdoor dining area and internal living room within 3 Birriwa Place whilst being seated on the current roof terrace. It is recommended that Condition 1 be amended to delete the remaining western portion of the terrace to reduce the opportunity for direct lines of sight into 3 Birriwa Place, Northwood.

 

It is recommended Condition 3 relating to the installation of privacy screening be further amended to ensure the privacy screening is inspected by the Private Certifying Authority prior to occupation and ensure and/or confirm that direct views into 3 Birriwa Place, Northwood are not possible.

 

Given the amenity concerns discussed the IHAP is requested to consider this proposal and determine the application.

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grant development consent to modify Development Application DA 153/2014 for the construction of a two storey dwelling house, a swimming pool and landscaping works on Lot 101, DP 702734 and known as 2 Birriwa Place, Northwood subject to the following conditions:

Amend Condition 1:

Deletion of the western section of the roof deck as marked on the plan on the top floor (ground plan).  The deck shall be marked on the plans as non-trafficable.

Amend Condition 3:

External privacy screening is to be installed on the stairwell window on the top floor (ground plan) level on the southern elevation to mitigate privacy impacts. The privacy screening shall be fixed at all times. Prior to the issue of any occupation certificate, the Private Certifying Authority shall inspect the installation of the privacy screening to ensure and/or confirm that direct views into 3 Birriwa Place, Northwood are not possible.

Delete Conditions 2, 4 and 5.

Amend Condition 6:

That the development be strictly in accordance with the following drawings with Job No. 14-5231

and prepared by Felton Constructions except as amended by the following conditions.

·      Site Plan, D01, Issue J, dated 21.09.15;

·      Ground, LG1, LG2, D02, Issue N, dated 21.09.2015

·      Roof Plan, Sec X, D03, Issue E, dated 11.6.2015

·      Elev A, B, C and D, Sec Y and Z, D04, Issue K, dated 21.09.2015;

·      Landscape Concept with Drawing Number 2014.0902DA1-1, Issue B, dated 17 September 2014, prepared by TGS Landscape Architects;

·      Landscape Concept with Drawing Number 2014.0902DA1-2, Issue B, dated 17 September 2014, prepared by TGS Landscape Architects.

 

All other conditions are to remain.

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

There are no supporting documents for this report.