Expert Evidence
38The joint heritage consultants agreed that:
While of diverging opinions as to the contribution of the existing dwelling upon number 24 to the heritage conservation area the experts agree that the current approval by Lane Cove Council is for demolition of the existing building and that subject to the resolution of the two conditions of approval under appeal the replacement dwelling can be pursued in accordance with the development approval.
...
The experts agree that aspects of the development at number 24 which are in dispute will not adversely impact the significance of the heritage item at number 41 George Street, nor that of another nearby heritage item at number 18 Wallace Street.
39On the contention whether or not the proposed trafficable terrace over the carport should be approved, Mr Moore considers that it is not in keeping with the established streetscape character of the immediate locality and the conservation area generally. He considers the impact will be intrusive and it also adversely impacts the amenity and privacy of the adjoining heritage listed house at 22 Wallace Street and he considers privacy conflicts will arise for the use of the front veranda from which the established views to the river are enjoyed from number 24. Mr Moore does not consider that the roof terrace is a reasonable design response, as access to the views are available from the site and not dependent upon the design feature of the front terrace.
40Mr Staas states that council's condition of approval simply states that the trafficable surface be replaced with a non-trafficable roof, this would result in no substantial visual change to the approved development beyond the removal of the edge planter box and glass balustrade. He considers that there would be little or no change to the streetscape character with the condition imposed by the council and that the impact on the streetscape is minimal in this location. Mr Staas also points to recent approved similar terraces within the same conservation area and he states that the statement of significance for the conservation area provides nothing which would indicate that the proposed development affects its identified level of significance for variety and domestic scale. He further states that from the adjoining heritage property, the proposed terrace has minimal impact on the amenity of that residence and is in fact less than the current impact of the existing terrace on the subject site. He considers the amenity concerns raised by Mr Moore are minimal and do not constitute a heritage argument for the non-trafficability of the area, which would otherwise be replaced with an exposed roof in the same area.
41On the second contention, as contained in condition 2B, as to whether the building should lowered by a further 300 mm, Mr Moore is of the opinion that the height of the building is a key factor in its impact upon its context and setting. He further says that, council in giving conditional consent to the house, has accepted its form, bulk and character but has specifically requested that the height be reduced by 300 mm, additional to the 300 mm accepted by the applicant (as shown in the amended plans). Mr Moore is of the opinion that the reduction should be achieved by reducing the interior height and exterior wall height of the new dwelling and in his opinion this can be implemented without unreasonable loss of amenity in the new dwelling.
42Mr Staas is of the opinion that the condition imposed by the council is not specific in its requirement and does not stipulate where the additional height reduction is to be made and while Mr Moore would prefer that the internal height of the spaces in the building be lowered, the applicant has no intention of reducing the amenity of their accommodation to meet the condition, but would further reduce the ridge height of the roof. In Mr Staas' opinion, there is no significant impact on the streetscape or on the adjoining heritage item. Mr Staas comments that the existing house already establishes a substantial presence along the western boundary adjoining the heritage item at number 22 and any reduction in the wall height would not achieve any substantial benefit. And that the additional reduction of 300 mm in height by the condition would simply result in a less traditional roof form without providing any change to the perceived height of the structure and the streetscape. Mr Staas considers that Mr Moore's comments go beyond the scope of the condition imposed by the council that only required a lowering by 300 mm.
43Mr Moore describes the house at number 22 as:
A substantial single-storey Edwardian federation villa, with the characteristic features of its type - a strong terracotta Marseilles pattern tile roof, elegant timber joinery veranda trim and windows and the distinctive dry pressed face brick and common brick walls typical of its style. The house features a front veranda returning to its western side and including a small splayed northwest corner sitting out area. A modern interpretive carport has been built on the northwest front corner its site allowing for vehicles to continue through it and along the driveway running down the western side of the house.
44Mr Moore describes number 24:
Acknowledges that the extent of change means it has lost its integrity as an architectural work and that the house is a melange of periods and detail, its character is essentially neutral within its context - while it no longer adds heritage value, it does not markedly detract - in my opinion from its context. ... The design of the house proposed for the site and conditionally approved by council is for a house of three levels - being two above ground floor levels and a basement - and of a blocky, rectangular form with expressed two storey high walls of stone and rendered brick masonry, and a low pitched hip roof ... in my opinion the house adopts a markedly different character to its immediate neighbour, the heritage item at number 22. While its adoption of a rectangular modern idiom might not be problematic, its two-storey expression against a single-storey Edwardian house leans toward an imbalance and dominant effect. ... In my opinion, the proposed dwelling has pursued a design agenda showing little regard for the exhortations of the LEP and DCP ... The overall height of the house is also partly created by a 3.3 m ground floor to upper floor dimension producing a ground floor ceiling height of approximately 3 m in my opinion, the nonconformity of the proposed carport - deck with council's controls, this consequent costs to the amenity of the locality arising from this feature, particularly for the adjoining heritage item number 22 and the impacts arising from the proposed height of the building support the reasonability of the consent conditions which are disputed in this appeal. ... it is clear that a contemporary design can be appropriate for this site in its context in the conservation area.
45Mr Moore is of the opinion that the proposed trafficable deck will emphasise a substantial built feature, located in what would otherwise be the front garden setback of the house and it will be seen as anomalous and inconsistent with the older streetscape of the locality and exacerbate the differences of the house to which it is attached from the older houses around it, particularly the glass balustrade.
46In Mr Moore's opinion the deck feature is not characteristic of the earlier development within the HCA and will contribute to the diminishment of its distinctive character and significance, the feature is not necessary and is avoidable. He further states that the proposed deck will sit directly in the view line of the heritage item at number 22 from its front veranda to the river, it will prejudice the mutual privacy of both properties, but more particularly place a sitting out area of potentially intense use directly between number 22 and the view it has enjoyed since its construction, the new house has other outdoor sitting options.
47On the objectives of the zone, Mr Moore comments that the proposed deck is not consistent with improving existing residential amenity given its impact on number 22. The visibility of the new house and the deck area arguably has not been foremost consideration in their design, given the relative form, bulk, scale and materials of the residence overall.
48On the question of the deck being out of character with the HCA, Mr Moore comments that again the form, bulk, scale and materials do not suggest a priority has been given to these concerns and the deck is just one more element of a limited response to the controls.
49Mr Moore comments on the Development Control Plan objectives and considers that the overall design of the proposed residence interprets these provisions very liberally, council has accepted the proposed design while taking exception to the trafficable deck and overall height of the dwelling. The proposed elevated deck in the front garden setback does not fairly respond to the council's controls and the occupation of the outdoor area of the deck at this elevation will make it obtrusive in the streetscape and accentuate the nonconformity of this dwelling with its older neighbours. On the provision that buildings should not stand forward of adjacent buildings in the streetscape, Mr Moore considers that the proposed carport deck structure does not meet the spirit and intent of this clear and straightforward provision.
50Mr Moore considers that the proposed deck above the carport does not satisfy the objectives for garages and carports in the DCP concerning established development pattern of the area and that residential dwellings, rather than vehicle access and parking structures, remain the dominant elements in the streetscape.
51On the contention that the building should be lowered a further 300 mm to a maximum ridgeline of RL 39.39, Mr Moore considers that the proposed building would be positively affected by the proposed reduction in height and the comparative height, scale and bulk of the proposal will be beneficial by a reduction in height. Similarly, Mr Moore considers that the 300 mm reduction will enhance compliance with scale and appearance and landscape character the objectives of the residential zone, in response to do the locality description for the Greenwich HCA that all buildings and landscape features should contribute to the significance of the HCA, in Mr Moore's opinion the proposed height contributes to the obtrusiveness within the context and the reduction in height would beneficially impact that obtrusion.
52The council's requirement that new buildings relate to the predominant scale, Mr Moore considers that the designed form and bulk will exacerbate its difference in scale from its neighbours and the reduction in height is one action which can have some positive impact on its debatable response to otherwise reasonably and fairly honour this requirement.
53In Mr Staas' opinion, the revised design (exhibit A) has taken into consideration the potential impacts of the new infill design has on the adjoining item and the public domain and addresses the matters raised by council in a reasonable and acceptable way. In particular, he states that the changes to the car parking arrangement and modifications to the street facade provide a contemporary design with minimal impact on any perception of the new dwelling in relation to the adjoining heritage listed house. ... The proposed building combines both traditional and contemporary materials with a traditional overall form and elevational treatments combining vertical proportions and physical definition with a realistic approach to and response to the views available from this site. Mr Staas comments that:
The conservation area in this locality is quite mixed in character and in Wallace Street comprises two individual heritage items set between the new full buildings. ... Due to its location at the end of Wallace Street the new building is not read strongly as part of any cohesive streetscape character, its height and visual bulk is similar to the existing house and its visibility from the river is adequately screened by existing panting along a public walkway.
54In Mr Staas' opinion, the proposed design will be neutral and its impact on the setting of the Federation house, as there are no impacts on any established views to or from the adjoining heritage item and the redesigned character of the garaging maintains an open character to the street, while permitting views to the north-west over the site from the adjoining house. Mr Staas further comments that the bulk of the proposed building along the eastern boundary maintains a similar relationship to the adjoining house as is created by the existing house and it is noted there are no significant windows looking to the subject site.
55The planners prepared a joint report and matters upon which they agreed include the fact that the house and carport was approved by the Council, subject to conditions. They also agree that in terms of the Lane Cove DCP, s C1.8 for carports within the front setback that the proposal complies except for 1.8B(ii) within the following clause:
1.8B carports are permitted within the front setback areas where:
(i)The carport has an open design and has minimal impact on the streetscape.
(ii)The carport is not have a trafficable roof.
(iii)Open security gates are permitted.
(iv)The carport posts are to be set back a minimum of 1 m from the street alignment.
56The planners also agree that the proposed glass balustrade to the terrace above the carport has a negligible impact on the views from the front veranda of adjoining house at number 22. They agree that the views from number 22 are primarily to the north and north-west across the front yard and its own front carport and across the existing carport and terrace at the front of 24. The view includes across the hedge running along the side of 5 Mitchell Street, directly opposite the site and an oblique view across the subject site. They further agree there will be a minor improvement to the view by the increased setback of the new carport and trafficable roof, compared with existing carport and deck. They also agree that compared with the existing terrace, the proposed terrace would have reduced angle for overlooking between properties.
57Mr Betros considers that the close proximity of the terrace and pedestrian walkway would generate adverse mutual privacy impacts. He further considers that furniture and the retractable awning and any planter boxes will add to the visual bulk and prominence of the terrace and the streetscape and that the proposed terrace is a virtual extension of the internal living area and therefore lead to greater use. He also considers that the terrace is unreasonable and unnecessary, given that the dwelling has alternative terraces and with similar aspect and views. Mr Betros is also concerned that the approval would compromise the integrity of the recent DCP in this conservation area. And that existing terraces are either poor planning examples or are in a different context that proposed. Mr Betros is also considers that the terrace component exacerbates the prominence of the dwelling in the conservation area and the dwelling bears no resemblance in formal character.
58Mr Long on the other hand, considers that there would be little visible change the appearance of the carport by the deletion of a glass balustrade to provide the terrace. The removal of the planter box along the front would be negative in terms of streetscape presentation. He is also of the opinion that being at the end of a cul-de-sac means the structure is less prominent to traffic and pedestrians and that it is well designed with a set back from the street and pathway to allow landscaping. In his opinion, the proposed carport terrace can be distinguished from others existing within the area, as the proposal has been thoughtfully designed to form an integrated element of the new house with landscaping in a planter box along the front edge and on the sides. In his opinion, the replacement of the existing deck will maintain a high level of amenity for the occupants of the dwelling, with its north aspect and views across the river. Furthermore, in his opinion, there will be no adverse impact on the views or privacy of number 22.
59It was agreed that the condition to lower the building a further 300 mm would not be visible from the street or the adjoining properties and he has also agreed that the reduction in height of the whole building, as shown on exhibit A, is better in reducing height, wall height and visual bulk, compared with reducing the roof pitch of the roof shape to a maximum ridge height of 39.39. However, Mr Betros considers that reducing the height of the whole building including the walls would reduce the wall height and visual bulk and the non-compliance in the north-western part of the dwelling.
60Mr Betros considers that the terrace should be reduced in size to match the depth of the first-floor balcony, that is approximately 1 m, to reduce the impact of the dwelling on the streetscape, while still maintaining views from the front balcony and not significantly compromising the amenity of the dwelling. Mr Betros is of the opinion that the amenity of the residential area is detrimentally affected by the proposed deck, in terms of heritage impacts views and privacy and that the bulk, including the balustrade, is considered an inappropriate feature in the streetscape adjacent to the heritage item.
61On the contention that the dwelling be lowered a further 300 mm, Mr Betros considers there is scope to reduce the wall height through the reduction of the ground floor ceiling level and this would have a positive streetscape outcome, while also providing for an improved relationship with the heritage item.
62Mr Long considers that the terrace above the carport and the building height at the amended RL of 39.69 will be consistent with and achieve the objectives of the zone and will not adversely impact on the residential amenity of the area. He further considers that in terms of streetscape, the proposal includes a planter box with landscaping along the front, so that the carport and terrace is integrated into the landscape setting at the front of the site. He also states that the reduced size and shape of the terrace, compared to the existing deck, allows for meaningful landscaping on both sides particularly the western side adjoining Serpentine Road. He also considers that the combination of sandstone and rendered wall finishes will complement the materials and finishes of the house and creates an attractive integrated parking structure that will not dominate the house or the streetscape.
63Mr Long points out that the condition only calls for deletion of the glass balustrade and the planter box and this would not provide any perceptible difference in the height or bulk of the carport and in his opinion, the planter and terrace would be superior in design and appearance from the street, as opposed to a flat-roofed carport. He also notes the site has a unique position and the topography changes from this point, compared to the regular pattern of Wallace Street. He also makes the comment that Wallace Street does not have a unified or cohesive streetscape or character and includes a variety of dwelling house styles and sizes and that the front setbacks are varied in depth and generally landscaped and in some cases punctuated by driveways and parking structures and high front fences. The short section of the street between Mitchell Street and the west end of the street where it terminates, includes a high painted brick wall along the Wallace Street boundary in front of the heritage listed house at 7 Mitchell Street and a front carport with a pitched tile roof in front of the adjoining heritage house at 22. On the opposite side of Wallace Street is the side boundary of 5 Mitchell Street that runs from Mitchell Street to the west end of Wallace Street and this includes a high dense hedge for screening along the street edge on the side of the house, which is close to the street boundary. To the east of Mitchell Street, there is a community tennis court complex.
64On the issue of setbacks, Mr Long comments that the deletion of the terrace above the carport would not change the front setback or landscaping and the carport is approved with a 2 m setback and the dwelling at a 7.035 setback and this would remain unchanged, with the conditions imposed by the council. Mr Long also comments that the landscaping on the eastern side of the terrace will assist in providing a natural screen between the neighbour's verandah at 22 to achieve privacy to both parties And as such, he considers the visual and acoustic privacy is acceptable.
65Mr Long comments that the proposed deck is clearly an essential and functional element of the house, as it provides a north facing private open space area, adjoining the main living areas and the previous deck provided enjoyment to the owners of the property for many years and provides a high degree of amenity to the dwelling. He cites a number of trafficable roofs on carports and garages within a front setback of streets within the Greenwich Conservation Area. He states that the design of the proposed house and carport and terrace improves the vehicle access to the site and includes a similar but smaller north facing terrace for private open space to enjoy the desirable north aspect and views. He further comments that the essential objectives of the DCP are achieved by the reduced size of the terrace, the increased setback to both street boundaries, the materials and finishes and the provision of landscaping.
66On the contention that the building should be lowered a further 300 mm and in the context of the controls, Mr Long provides the following comments, that to comply with the council's condition the building height could merely be reduced to comply by either reduction in the pitch of the roof or the incorporation of a flat roof section in the centre of the roof or a combination of the two. He states that this would not change the height of the carport and the roof terrace. Mr Long considers that the reduction of 300 mm as shown in the amended plans to the Court at exhibit M as opposed to a 600 mm as required by the council, achieves an acceptable and appreciable reduction in the height and bulk of the building.