(1)The appeal is upheld.
(2)Consent is granted to this development modification application 8.2006.21.4 in respect of consent for a dwelling house at 69 Parriwi Road, Mosman subject to the conditions in Annexure A.
(3)Exhibits may be returned except 1, 3, 4, A, B, C, E and F.
1This appeal concerns an application under section 96(8) to modify a Court approved development for works associated with a waterfront property at 69 Parriwi Road Mosman. The site is steeply sloping from Parriwi Road to the waterfront and during the course of construction of the dwelling; approval was given to erect a large crane on adjacent council property.
2The modifications are as stated in the Statement of Facts and Contentions and include:
3Notice of the appeal was given to the neighbours resulting in submissions covering:
4At the view, the various modification elements were explained and it is apparent that the area along the southern boundary, adjacent to the existing Koppers log fence, at 67 Parriwi Road is the main component.
5Submissions were made on behalf of the owners of No 67 concerning the movement of the Koppers log fence along the common boundary and possible damage to their property.
6However, the proposed retaining wall along this southern boundary is designed to address this issue. Insofar as the plans show the new piles being placed adjacent to the common boundary, questions regarding the satisfactory construction of this wall were answered by the applicant's consulting structural engineer, Mr M Blaszczakiewicz as follows:
(1)No design offset from the boundary for contiguous shoring piles was allowed in the design. It is expected that nominal construction tolerances will be maintained to ensure that no encroachment into the adjoining site exists. The tolerance proposed is +50mm/-0mm, i.e. piles will be constructed up to 50mm away from the boundary to prevent the encroachment.
(2)The contiguous shoring piles have been designed to withstand the full effect of the soil on the adjoining site, including the soil behind the existing copper log timber wall. The design includes and takes into account the soil parameters from geotechnical investigation. In this regard, the proposed shoring construction will not undermine or disturb the existing copper log wall.
(3)The soil behind the proposed shoring wall is generally an easily draining fill and alluvial material. Therefore, no drainage behind the shoring is required. Weep holes will be maintained between shoring piles to release water pressure behind the shoring.
7In the absence to any challenge to this engineering evidence, I accept it on the basis that the proposed works can be undertaken in a safe manner, which protects and does not encroach/interfere with the adjoining properties.
8I understand the parties have agreed on all the other modification issues and in these circumstances then, I consider that the modification application should be approved on the basis of the agreed conditions.
(1)The appeal is upheld.
(2)Consent is granted to the modification of this development modification application 8.2006.21.4 in respect of consent for a dwelling house at 69 Parriwi Road, Mosman subject to the conditions in Annexure A.
(3)Exhibits may be returned except 1, 3, 4, A, B, C, E and F.
R Hussey
Commissioner of the Court
03 September 2014
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para 1 deleted the words 'was lodged against council's deemed refusal of a s 96 for' - added 'concerns an application under section 96(8) to modify a Court approved development for'para 4 deleted the words 'proposed Right of Way (ROW)' added the word 'area'
Amended paragraphs: 1 and 4
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Decision last updated: 03 September 2014