The Panel granted consent to Development Application
No. D/2019/1242 subject to the conditions set out in Attachment A to
the subject report, subject to the following amendments and the addition of an
advisory note (additions shown in bold italics, deletions shown in strikethrough):
(5) DILAPIDATION REPORT – MAJOR EXCAVATION
(a)
Subject to the receipt of permission of the
affected landowner, dilapidation report/s, including a photographic survey of
No. 10 and No.14 Toxteth Road, and No. 17 and No. 19 Boyce
Street, Glebe are to be prepared by an
appropriately qualified structural engineer prior to commencement of
demolition/excavation works. A copy of the dilapidation report/s together with
the accompanying photographs must be given to the
above property owners, and a copy lodged with the Accredited Certifier and the
Council prior to the issue of a Construction Certificate.
UPON
COMPLETION OF EXCAVATION/DEMOLITION
(b)
A second Dilapidation Report/s, including a
photographic survey must then be submitted at least
one month after the completion of demolition/excavation works. A copy of the
second dilapidation report/s, together with the accompanying photographs must be given to the above property owners, and a copy
lodged with the Principal Certifier and the Council prior to the issue of any
Occupation Certificate.
Any
damage to buildings, structures, lawns, trees, sheds, gardens and the like must be fully rectified by the applicant or owner, at no
cost to the affected property owner.
Note: Prior to the commencement of the building surveys, the
applicant/owner must advise (in writing) all property owners of buildings to be
surveyed of what the survey will entail and of the process for making a claim
regarding property damage. A copy of this information must be
submitted to Council.
(9) NOISE –
GENERAL
(a)
The emission of noise associated with the use of
the premises including the cumulative operation of any mechanical plant and
equipment, and air conditioning shall comply with the following:
(i)
The LAeq, 15 minute noise level emitted from the use must not exceed
the project specific noise level for that receiver as determined in accordance
with the NSW EPA Industrial Noise Policy. Noise must be
measured in accordance with the Industrial Noise Policy and relevant
requirements of Australian Standard AS 1055-1997 Acoustics – Description
and measurement of environmental noise.
(ii)
Project specific noise levels
shall be determined by establishing the existing environmental noise levels, in
complete accordance with the assessment LA90, 15 minute / rating LA90, 15
minute process to be in accordance with the requirements for noise monitoring
listed in the NSW EPA Industrial Noise Policy and relevant requirements of Australian
Standard AS1055-1997 Standard AS 1055-1997 Acoustics – Description and measurement of
environmental noise.
(iii)
Modifying factors in Table 4.1 of the NSW EPA
Industrial Noise Policy are applicable.
(b)
An LAeq,15 minute noise level emitted from the
use must not exceed the LA90, 15 minute noise level by more than 3dB in any
Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any habitable room
of any affected residence or noise sensitive commercial premises provided that;
(i)
Where the LA90, 15 minute noise level is below
the threshold of hearing, Tf at any Octave Band
Centre Frequency as defined in Table 1 of International Standard ISO 226 : 2003- Normal Equal-Loudness-Level Contours then the
value of Tf corresponding to that Octave Band Centre
Frequency shall be used instead.
(ii)
The LAeq,15 minute noise level and the LA90,15
minute noise level shall both be measured with all external doors and windows
of the affected residence closed;
(iii)
The relevant background noise level (LA90, 15
minute) is taken to mean the day, evening or night rating background noise
level determined in complete accordance with the methodology outlined in the
NSW EPA Industrial Noise Policy and Australian Standard AS1055.1997 Acoustics – Description
and measurement of environmental noise.
(iv)
Background noise shall be established in the
absence of all noise emitted from the use but with the ventilation equipment
normally servicing the affected residence operating. Background noise
measurements are to be representative of the environmental noise levels at the
affected location.
(v)
Modifying factors in Table 4.1 of the NSW EPA
Industrial Noise Policy are applicable. Internal Noise measurements are not to be corrected for duration.
(c)
The design and location of all mechanical
ventilation, air conditioning, pool pump and pumping
is to be submitted in conjunction with a noise assessment of the proposed
design and approved by Council prior to the release of Construction
Certificate.
ADVISORY NOTE
Every
effort is to be made by the applicant to transplant
the mature frangipani tree at the rear of the property in Church Lane to a
suitable off site location.
The application was approved
for the following reasons:
(A)
The proposed alterations and additions are
considered acceptable as the works are permissible
within the R1 General Residential zone.
(B)
Subject to the recommended conditions, the
proposed alterations to development application D/2018/681 including rear
garage and studio width increase, re-configuration of garage windows and doors,
swimming pool relocation, minor internal alterations and installation of solar
panels are not considered to detract from the amenity
of nearby residences.
(C)
The applicant's accompanying Structural
Certificate (prepared by Northern Beaches Consulting Engineers Pty Ltd) and
updated Geotechnical Report (prepared by White Geotechnical Group) certify that
the proposed excavation works will not adversely affect the structural adequacy
of the neighbouring buildings as well as the rear lane, nor will the excavation
penetrate the water table. In turn, the proposed basement addition and
associated excavation is considered acceptable subject
to the imposition of relevant conditions in order to minimise potential
environmental impacts to neighbouring property and the public domain.
(D)
The proposed development is suitable to its
setting and satisfies the relevant provisions of the Sydney LEP 2012, Sydney
DCP 2012 and relevant SEPPs.
(E)
Subject to the recommended conditions
the proposed development will not detract from the amenity of nearby
residences.
(F)
Condition 5 was amended
to provide additional protection for No. 17 and No. 19 Boyce Street, Glebe (to
the rear of the subject site) from potential impacts of construction.
(G)
Condition 9 was amended
to include an additional review that will provide a further opportunity to
assess potential noise impacts on adjoining properties.
(H)
An advice note has been added
to encourage the transplantation of the frangipani tree from the rear of the
property to ensure its continued existence.
Carried unanimously.
D/2019/1242
Speakers
Mr John Keene (resident), Ms Judith Keene (resident), Ms Chris Newton
(resident), and Mr Danny Vise (Cadence & Co
Design, on behalf of the applicant).