47 Kareela Road, Cremorne Point NSW 2090

The height and the pitched roof form of the proposed development adversely affects views (especially views to Mosman Bay, Mosman Bay Wharf, Reid Park and Mosman Rowing Club premises) across the site from nearby private residential land in contravention of well‐known planning principles established by the Land and Environment Court.
The proposed development involves:
1. alterations and an addition which increases the height of the existing dwelling to 8.8 m about ground level
2. new garage at street level, comprised of three storeys reaching to a height of 12.9 m above ground level.
3. off‐street accommodation for two vehicles,
4. a roof, pitched at 43 degrees, which is inconsistent with the presentation of other garaging structures in the streetscape
5. a garage roof, pitched at 27 degrees, which is inconsistent with the presentation of other garaging structures in the streetscape
6. a 4.9 m wide street crossover providing vehicular access to the garage
7. a setback of just 1.2 meters to the property boundary with Kareela Street
8. new studio and storage to the garage under croft
9. a footprint of 197.4 m2, which is 35.7% of the lot area
10. reduction in the existing soft landscaped area to just 174.4m2
11. major branch removal of an existing tree
12. construction encroaching with the drip line of an existing street tree
The proposed development is not consistent with the objectives of the LEP within the Cremorne Point Heritage Conservation Area. In particular: the proposed development
1. has a bulk, scale and appearance which is incompatible with the heritage character of existing dwellings and structures (including neighbouring garage structures) along Kareela Road.
2. diminishes the heritage character of the dwellings to the north and south by reducing their outlook across the site to filtered ‘slot" views
The number of departures from development standards and the extent of those departures is significant. The proposed development contravenes a number of development standards expressed in the North Sydney local environment plan 2013.
The proposed development is not consistent with the objectives expressed in the LEP in respect of those particular standards. Nor is it consistent with the objectives for the development within the residential R2zone. the council therefore cannot be satisfied that the proposed development will be in the public interest. There is public benefit in maintain the development standard and the director general DPIE has not given his concurrence to the development application.

The proposed development adversely affects not only views from residential dwellings across Kareela Road, but also the character and style of the neighbourhood, which is a Heritage Conservation Area.

The proposed heights of the new structures, peaking at 12.9m above ground level, is higher than neighbouring buildings and not in keeping with the objectives in the LEP. The proposed structure would be more aligned to the stylistic objectives of a built-up area such as St Leonards, but would cause a detrimental effect for the Cremorne Point area.

Additionally, the proposed development includes a number of deviations from development standards. While there is sometimes a good reason for deviation from a particular standard, no justification or explanation has been provided here and it is not evident why this would be the case for this particular proposal.

I urge the Council to reject the development application in its current form and call upon the applicants to reconsider the substance of their proposal, bringing it more in line with the LEP and the character of the area.

One of the last remaining vistas will be lost if this proposed development proceeds. The structure will adversely affect the character of the street and will be inconsistent with. the objectives of the LEP within the Cremorne Point Heritage Conservation Area.

This extension to an already substantial property will add a three storey, dual occupancy structure as well as garaging for two vehicles to the detriment of other residents and visitors to the area. Street parking will also be reduced, essential turning a public amenity into one for the sole use of 47 Kareela Road.

Council should consider the impact on existing residents as well as visitors to the area.

The Architect appointed by the owners has advised Council has requested they prepare a photomontage to allow an analysis of the impact to views. They also intend to prepare certified, accurate 3D images of the proposal overlayed onto GPS positioned photographs.
The submission before council st this stage does not illustrate the Street effect of the proposed da. There has not been an artist’s impression prepared or submitted of the completed project showing its effects when viewed from Kareela Rd. This vista to Mosman Bay is important, it is one of the remaining slit views and provides Kareela Rd users and residents an irreplaceable Mosman Bay view and would affect the current amenity provided including visual observations of the moored vessels and vessels in use including Ferries. In addition sunrise and sunset across the bay would be lost.
A place of natural beauty in a bush setting, Cremorne Point offers superb vantage points to the harbour and access to water sports and recreation for its residents. The views from Kareela Rd to Mosman Bay are heritage significant and should be protected by council for current and future generations

The proposed development will have unacceptable adverse impacts on the character and heritage significance of the Cremorne Point Conservation Area, and an unacceptable adverse impact on the heritage significance of the Kareela Road streetscape, contrary to relevant provisions of the LEP and the DCP Cremorne Point Conservation Area. The proposal will result in an uncharacteristic built form that will dominate Kareela Road, contrary to relevant provisions of the LEP and the DCP.

It is contrary to the streetscape character of Kareela Road of the eastern (lower) side where dwellings are generally set below street level, and where there are steep sites sloping to Mosman Bay with frontages to Cremorne Reserve and Kareela Road.

Based on the view, the topography and location of dwellings and houses the character in this middle section is that the dwellings are located below street level and where there are views over and between buildings across to Mosman Bay.

The coverage of the proposal should be considered to be an "uncharacteristic" element under section 6.4.7 in Part C of the DCP. It is also located within the front setback of the dwelling in a heritage conservation area, and for that reason would also be considered an "uncharacteristic" element under section 13.9.5 of Part B of the DCP, and also contrary to P10 at section 1.5.4 of Part B of the DCP.

The objectives for heritage conservation areas include encouraging change "that will remove uncharacteristic items or reduce the extent of their intrusion" (13.6.1, O4). Section 13.6.2 P4 provides for the removal of uncharacteristic or intrusive elements, or incorporating changes to improve design and visual impact (P6).

Section 79C(3A)(b) requires flexibility in the application of the standards set in the DCP, having regard to whether the objectives of the standards are achieved. It may be that in the context of the topography and the existing development in the section of Kareela Road where the subject site is located, the addition of a garage hard stand car space occupying more than one third of the street frontage and located within the front setback is a departure from the standards set by the DCP, the central issue is that the proposal does not achieve the objectives identified in the DCP.

Section 1.3.6 of Part B of the DCP requires consideration of views from dwellings, and from streets and other public places. Section 13.6.2 P3 in Part B provides that development should not obstruct existing views in the public domain including slot views over and between buildings. Views from Kareela Road are identified at section 6.4.4 in Part C as a significant element in the Cremorne Point Conservation Area.

Amended Plans have been lodged and the following comments are based on the amendments.
View Loss Analysis and Visual Impact – Amenity
There is no consideration for the affect the proposed Development will have on the Street View loss referred to as Kareela Road Vista to Mosman Bay, the Ferry Wharf and the Rowers
The Street Loss View effect will be substantial and I estimate this as a 40% reduction at a right angle increasing the further you progress south up Kareela Rd to a 100% loss
In addition on the western side of Kareela Rd opposite properties will lose view due to the height of the structure. The vista view is a community view that must be considered and at all costs protected, it’s is one of the few remaining vistas in Kareela Rd and adds substantial amenity to Kareela Road and the Cremorne Point Reserve

Potential Tree Damage
A heritage significant Port Jackson fig will require significant trimming in the range of 25% and is already in a non vigorous state.
The tree is being placed at risk to provide 2 car parks and this is insufficient reason to put this treasured botanical specimen at risk.

Concerns over Construction Management
The applicant is relying on the previously submitted Geotechnical report. The report refers to 3 cored borehole positions referenced as BH1-3.
There appears no cored borehole positions to assess subsurface conditions immediately below the main tower and its suspended driveway.
This structure is in the range 12-15m tall depending on the ground level existing position selected.
Council undertook some road stabilisation some years ago however it was under the timber guard rail and appeared to be shotcrete with no anchors.
Road stabilisation appears to have been overlooked.

Excessive Height:
The existing building is of heritage significance and has a maximum height at the roof ridge of approximately 8.8 m above ground level, already exceeding the development standard by 0.3 m.
The ridge height is at RL 23.93 less the advised existing building height of 8.8m places the ground level existing confirmed at RL 15.13.
The new garage/ hardstand/ lift/ undercroft/ store/ study/ entrance door and window is a 3 storey building with a ridge height at RL 30.05m and has a proposed maximum height of 14.92 m above ground level existing using the ground level existing at the dwelling and proposed new entrance.
This exceeds the development standard by 6.42 m and represents 175.5% over the maximum height. It overshadows the existing dwelling ridge height of RL 23.93 by 6.12m.
The setback from the Kareela Rd Boundary is 3.2m and insufficient for the proposed height.
The bulk/scale and excessive height of the proposed extension would be visible from the Cremorne Point Walkway, Mosman Bay and the across water views from dwellings across the bay.

General Observations:
This development does not conform to or reflect natural landforms, it does not step down or follow the natural gradient of sloping land.
It does not retain or assist in the sharing of existing views.
It does not retain solar access to a public walkway, dwellings, public reserves and streets. They will be impeded by the driveway overpass and the bulk and scale of the structure and its unsympathetic design.
It does not maintain privacy for residents of existing dwellings.
The proposed development is not compatible with surrounding properties and has an inappropriate scale and density and fails to promote the character of the area.
There has always been direct pedestrian access to the property from the street and a Council pathway exists with a set of public stairs to it
The NS Council owns the Land and the Pathway in front of the proposed development and the overbridge will remove 2 street car parks and provide 2 private parking areas not for public use

Non Compliance with the Standard:
- the non-complying height of the 3 storey structure is a result of the steep topography at the west end of the property that adjoins Kareela Road. The garage presents to Kareela Road as the top floor of a 3 storey tower.
- the Mosman Bay views are located below street level and any structure above street level reduces the water view and has an adverse impact to the streetscape of Kareela Road.
- the proposed development fails all of the objectives of the prescribed height standard
- the non-complying 3 storey structure as proposed will have a major detrimental effect on the established amenity of the area

Environmental planning grounds not maintained:
- the proposed development is not consistent with the relevant aims and objectives of the LEP and the objectives for the R2 Low Density Residential zone
- the proposal represents a unreasonable development of the property within the context, as follows:
- there will be detrimental effect on the established amenity of the neighbouring properties, including views, street vista and solar access or privacy all due to the non-compliance with the standard..
- the proposed 3 storey building is not complementary to the existing building and there are no characteristic buildings in the vicinity.
- the proposed new vehicular access and garage are inconsistent in siting, form and height with that provided to the majority of properties that have a primary frontage to Cremorne Reserve
- the proposed new 3 storey building is uncharacteristic to the streetscape and is not compatible with heritage significance of the Conservation Area due to the non-complying height proposed garage building.
- compliance with the standard is requested to maintain the amenity of the Cremorne Point area and protect the interests of other directly affected residents and visitors

Inconsistency with the objectives of the Zone:
- the proposed development has no benefit to the housing needs of the community within the established low density residential environment.
- the proposed development does compromise the amenity of the surrounding area or the natural or cultural heritage of the area.
- the roof form, scale and architectural character of the existing building and the proposed new work are uncharacteristic of the Conservation Area.
- the existing structure will be affected by the proposed development and it will contribute negatively to the character of the existing dwelling and the Cremorne Point Reserve area.
- there will be detrimental effect on local amenity, including public and private views

The application is on the agenda for the North Sydney Local Planning Panel (NSLPP) 4/9/24.
After three years of requests the applicant is providing a scaffolding and height stick mock up to illustrate non compliant bulk,scale and height. The mock up is under construction now and illustrates the adverse affect on the Kareela Rd Street Vista and general amenity of Cremorne Point.
Now is your opportunity to understand what this DA represents by viewing the proposed construction site and is in time for you to register your interest in participating with NSLPP Panel meeting.
Have your say.

Originally the applicant advised Council about the intention to erect height poles.
However a Scaffold Mock up was erected for the purpose of illustrating the proposed effect of a development at this location.
It was in place in the last week of August 2024 and viewed by the NSLPP.
The DA was rejected.
An appeal is pending before The Land and Environment Court of NSW however the matter is yet to appear in the list since a vacated hearing. Apparently the LEC Commissioner does not usually attend the site until immediately before or on the date of the Court hearing. The Land and Environment Court is usually on vacation for 6 weeks from 23 December 2024
The new Court term doesn't commence until Monday 3 February 2025.
The 5th November directions hearing was pushed back 2.5 months. It is likely that the 7 and 8 April hearing dates will also be pushed back further and this scaffolding tower will be in situ for more than 7.5 months
The Scaffold mockup is unsightly and potentially dangerous.