50 Lower Bligh Street Northbridge NSW 2063.

Description
Rewording of condition 65C (vents), positive covenant and fence/backyard conditions and deletion of condition regarding legal instrument for front driveway.
Planning Authority
Willoughby City Council
View source
Reference number
DA-2019/38/D
Date sourced
We found this application on the planning authority's website on , over 4 years ago. It was received by them earlier.
Notified
335 people were notified of this application via Planning Alerts email alerts
Comments
2 comments made here on Planning Alerts

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Public comments on this application

2

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50 Lower Bligh Street, Northbridge
DA2019/38/D

We were alerted to the proposed rewording of conditions imposed by Council in DA2019/38/A by a planning alert service we subscribe to. We contacted Council and were informed by Mr Arnott that we will not receive any written notification from Council because the proposed modifications will have “minor environmental impact”. It defies common sense and fairness for Council not to formally notify affected neighbours of proposed changes to conditions that they previously considered important enough to impose.

Rewording of Condition 65C of DA2019/38/A
Prior to drafting condition 65C, the assessing officer, Mark Graczyk, had detailed discussions with us, the builder and the owner. He clearly did not consider our concerns about extractor exit vents affecting our bedroom to be minor as he specifically responded to them by imposing condition 65C and wording it as he did. He did this with the knowledge of the builder and the owner. It was absolutely clear between him and us that the “western elevation” meant the west wall of the laundry and we have no doubt that it was clear between him and the builder and owner too. Mr Graczyk was aware from our discussions that placing an exit vent on a side wall (west or east facing) of the alcove between bedroom 1 and the laundry would have much the same effect on our bedrooms as placing it on the north wall of that alcove. Therefore, we do not accept the owner’s reasons for changing wording in DA2019/38/A some 15 months after they accepted it and expect Council to be of the same view.

We are relying on information provided by Mr Arnott that the above exit vent located on the west wall of the kitchen alcove is from the ground floor bathroom and that the vent from the kitchen is on the west wall of the laundry. We are concerned that he did not know if there is an exit vent from the laundry.

Mr Arnott said it is not feasible for the bathroom vent to exit on the western elevation because it was too far away. If this is the case, we expect Council to question why that vent was not located on the roof as permitted by condition 65C which states “Any external vents to the dwelling on lot 2, servicing the kitchen, bathroom or laundry areas, are to be located on the western elevation or roof of the subject dwelling”. (If the builder or owner had approached us to place this vent on the north wall above the bathroom, we would not have objected.)

Based on the above, we see no reason for changing the wording of 65C of DA2019/38/A. We object to the proposed changes and expect Council to reject them.

Fiona & George Raffan
13 September 2021

Fiona & George Raffan
Delivered to Willoughby City Council

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