[200William-EC SP67851] EXT - RE: Terms and Invoice - MARQUIS APARTMENTS DA REPRESENTATION

Thu Mar 24 09:12:59 AEDT 2022

Hi Natalie,

We don't have any architectural plans only the attached strata plans. Thanks

Kind regards,

Darren Vignes

Building Manager

[cid:70b64b98-ad8c-499d-a35a-8836d103ff54]

Building Facilities Management Solutions
200 William St Woolloomooloo NSW 2011

M: 0488 388 313
Email: marquis at bfms.com.au
www.bfms.com.au<http://www.bfms.com.au/>

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From: Natalie @ NRP <natalie at natalierichterplanning.com.au>
Sent: 23 March 2022 17:14
To: 'Craig Laforest' <cscl at optusnet.com.au>; ec at 200william.com <ec at 200william.com>; 'Leanne Eardley' <leardley at stratatitle.com.au>; Marquis <marquis at bfms.com.au>
Subject: EXT - RE: Terms and Invoice - MARQUIS APARTMENTS DA REPRESENTATION

Thanks Craig and All. If you are able to let me know ASAP if you have any architectural plans for your building (doesn’t matter how old) as well please?

Thanks and regards, Natalie

From: Craig Laforest <cscl at optusnet.com.au>
Sent: Wednesday, 23 March 2022 5:08 PM
To: ec at 200william.com; 'Leanne Eardley' <leardley at stratatitle.com.au>; 'Darren Vignes' <marquis at bfms.com.au>
Cc: 'Natalie @ NRP' <natalie at natalierichterplanning.com.au>
Subject: FW: Terms and Invoice - MARQUIS APARTMENTS DA REPRESENTATION
Importance: High

Dear EC members, Strata Manager (Leanne) and Building Manager (Darren),

Please review the latest email from Natalie Richter below and the responses I have made to her in yellow.

Natalie, thank you very much again for your concerns and your communications in this matter.

If you have any questions, please don’t hesitate to contact me,

Best wishes,

Craig

From: Natalie @ NRP <natalie at natalierichterplanning.com.au<mailto:natalie at natalierichterplanning.com.au>>
Sent: Wednesday, 23 March 2022 4:30 PM
To: 'Craig Laforest' <cscl at optusnet.com.au<mailto:cscl at optusnet.com.au>>
Subject: Terms and Invoice - MARQUIS APARTMENTS DA REPRESENTATION
Importance: High

Thanks Craig,

Please find attached the Terms/Agreement document and the commencement invoice. Thank you.

To answer your question on view assessment.

Please see a link to the Land and Environment Court Planning Principles below on how view loss is considered in assessments. Please refer mainly to the assessment principles from around Paragraph 25 to 29. These are the Principles which all Council’s use in these cases.

Tenacity Consulting v Waringah - NSW Caselaw<https://www.caselaw.nsw.gov.au/decision/549f893b3004262463ad0cc6>

You will see the type of view is important, whether it is front/side/oblique. How wide/accessible it is. Whether the view is from sitting or standing positions or both. Whether they are from key living areas. These aspects are attached to the importance of sharing which is where a development needs to or should allow some view sharing/equity. These are the aspects we need to consider in our photographs. The photographs will also be assessed by Council so need to be true to the situation etc (ie not real estate brochures!). WILL ENSURE OUR BUILDING MANAGER UNDERSTANDS THESE AND TAKES THE PHOTOGRAPHS IN LINE WITH THIS – DARREN PLEASE NOTE

You will see that the Principles also refer to that a development should be compliant with planning controls and expected requirements to be ‘reasonable’. I will be discussing all of this in detail.

If residents could please take these sorts of photos, at different times of day (as the changing in light is important in our presentation. Sometimes different buildings or water are picked up more clearly etc).

The best way to tackle views and the assessment with the tight timeframe we have is to mark up a floor plan if possible, marking on it (for as many units and balconies as possible), where the view photos are taken, and whether inside or outside, sitting standing etc.

Floor plans are often with the real estate advertisements for any recent sales or does the strata have recent architectural plans? Even a sketched up version on an A4 paper could be fine.

I have read the applicants view assessment and your block does not seem to be included?

I can have my drafty look at doing a similar directional aerial and possibly indicate the building envelope on it. If you were to have any architectural plans at all for your building this would be helpful as again, this diagram would need to be at scale and accurate to be the best demonstration. With scaled plans of yours, we can then take the scale of the other proposed building from the documents and see what we can do. If you could look at what you have that would be great. We can also look at the DA tracker on 200 William Street to see what is there or request the plans (City of Sydney is usually quite quick but we would need to do this ASAP IF we don’t have plans on hand). THIS IS A GREAT IDEA NATALIE. YES PLEASE HAVE YOUR DRAFTY DO THIS.

I hope all this makes sense. Please let me know if you have any questions at all.

I see from the tracker today that we have until 11 April. I will do what I can next week. However, I suggest that you email the officer to indicate we are preparing a professional planning submission and that we would request an additional few days. I can definitely have it finished by the 13th April. Just allows a bit more time for the work which feeds in, the review of the draft and update and so forth. Officers are usually fine as long as they have the fixed date. I will do the utmost to have it done in time however. If you email a submission indicating your initial concerns in point form and your strata number and address and indicate that the professional submission has been engaged and will follow. I WILL CONTACT THE ASSESSOR IMMEDIATELY REQUESTING EXTRA TIME.

Thank you and regards, Natalie

Natalie Richter Planning

PO Box 59 Mt Colah NSW 2079

m. 0438 828 972

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.  The contents and attachments are not to be altered or reproduced without our consent or used for any other purpose. If you have received this email in error then please delete the email and inform us of the error by return email.  We are not liable for any loss arising from the receipt or use of this email or attachments. It is the responsibility of the receiver to be satisfied that this email and attachments contain no computer viruses.

From: Craig Laforest <cscl at optusnet.com.au<mailto:cscl at optusnet.com.au>>
Sent: Wednesday, 23 March 2022 1:43 PM
To: 'Natalie @ NRP' <natalie at natalierichterplanning.com.au<mailto:natalie at natalierichterplanning.com.au>>
Subject: RE: MARQUIS APARTMENTS DA REPRESENTATION

Hi Natalie,

Would you please include the strata number 67851 and also the address to include “Residents of 200 William Street, Woolloomooloo.”

Looking forward to having all the points we raised bear up against this DA as much as possible.

Best wishes,

Craig

From: Natalie @ NRP <natalie at natalierichterplanning.com.au<mailto:natalie at natalierichterplanning.com.au>>
Sent: Wednesday, 23 March 2022 12:17 PM
To: 'Craig Laforest' <cscl at optusnet.com.au<mailto:cscl at optusnet.com.au>>
Subject: RE: MARQUIS APARTMENTS DA REPRESENTATION

Thank you Craig, I can do up those documents now. Did you want me to include the Strata number in the invoice or to residents of 200 William Street?

Thanks, Natalie

From: Craig Laforest <cscl at optusnet.com.au<mailto:cscl at optusnet.com.au>>
Sent: Wednesday, 23 March 2022 7:43 AM
To: 'Natalie @ NRP' <natalie at natalierichterplanning.com.au<mailto:natalie at natalierichterplanning.com.au>>
Subject: MARQUIS APARTMENTS DA REPRESENTATION

Dear Natalie,

I have spoken with the Body Corporate and we have agreed that we would like to have you represent us. We also agree to the rate.

Would you please organize your invoice on letterhead and send it to me asap together with your terms and agreements.

We will have our building manager take the photos you have requested from various apartments and email these to you. Would you please advise if it is required to take these pictures from inside each apartment to show the views which will be lost because of the build?

Please let me know if I can assist any more at this stage.

Thank you and best wishes,

Craig

From: Craig Laforest <cscl at optusnet.com.au<mailto:cscl at optusnet.com.au>>
Sent: Monday, 21 March 2022 12:14 PM
To: 'Natalie @ NRP' <natalie at natalierichterplanning.com.au<mailto:natalie at natalierichterplanning.com.au>>
Cc: 'ec at 200william.com' <ec at 200william.com<mailto:ec at 200william.com>>
Subject: RE: DA View Issues

Hello Natalie,

I’ve just spoken with Reina Urqueza at City of Sydney. Good news is that they’re only in the ‘initial stages’ of the DA and she will be asking in the report to the owners of the land for information relating to view impact of surrounding buildings.  She has also asked me to obtain photos of the present views of the site from our AVIS building and submit those to her.

Please let me know when you can, what your fee would be to help us fight this DA.

Again, I appreciate the information you have provided already.

Best wishes,

Craig

From: Natalie @ NRP <natalie at natalierichterplanning.com.au<mailto:natalie at natalierichterplanning.com.au>>
Sent: Monday, 21 March 2022 10:52 AM
To: 'Craig Laforest' <cscl at optusnet.com.au<mailto:cscl at optusnet.com.au>>
Subject: DA View Issues

Hi Craig.

Since speaking I have had a look on the tracker and can not see the referenced view assessment. I am a little concerned about this. I have checked twice.

The submitted ‘Statement of Environmental Effects’ says the following:

5.3.1. View Sharing

Richard Lamb and Associates have undertaken an Assessment of Potential Impacts on View Sharing which provides an assessment of potential impacts on private domain views because of the development. This assessment has been informed by a review of architectural plans, field work observations and an analysis of CGIs prepared by FJMT. The built form facing the site on the south side of William Street is predominantly retail and commercial. However, there are a small number of residential properties that could be affected by view loss, predominantly Horizon, Top of the Town, 5 Farrell Avenue, 26 Kirkton Road, 1 Tewkesbury Avenue, Harbourview at 12-20 Rosebank Street and 1-5 Rosebank Street have been considered with regard to potential view loss. The view assessment concludes that: ▪ Overall the proposal would not cause any impacts on view sharing for the majority of residential buildings in the vicinity, including buildings south-east and east of the site such as Top of the Town, Elan, Altair, Zenith and Omnia. ▪ As would be anticipated by implementation of the existing development controls for the site, a complying building envelope would cause view loss for some levels of residential buildings south and south-east of the site such as Horizon, 5 Farrell Avenue the associated buildings at 26 Kirketon Road and 1 Tewkesbury Avenue. These buildings would be likely to retain extensive and unaffected views from the levels affected, ensuring that view sharing would be achieved. URBIS STATEMENT OF ENVIRONMENTAL EFFECTS - 164-194 WILLIAM STREET, WOOLLOOMOOLOO 41

▪ View loss, as is anticipated by implementation of the development controls, would occur for buildings with views from residential levels that are lower than that of a permissible envelope and as a result there would be some view sharing impacts produced by the proposal. This includes buildings such as Harbourview and 1-5 Rosebank Street, from which it would be unreasonable to expect existing views to be retained, when the controls contemplate a building significantly higher than the existing buildings on the site and adjacent sites, including the Avis car rental building at 200 William Street. ▪ The proposed building envelope complies with the standard for height of buildings and responds to the crossfalls of the site from east to west on William Street and the falls from William Street toward the north. Where there is view loss, this would generally occur up to Level 5 to 7 for the buildings considered. Notwithstanding there would be some view loss caused by the proposed building, the extent of impact is within the reasonable expectations of implementation of the development standards and controls. It is therefore shown that the proposal can be supported on view sharing grounds.

I believe that we should contact the assessment officer and ask where this report is as I believe it would have been appropriate for this to have been included given the potential impacts.  Do you want to make a call to Council?

Normally, a view impact assessment would provide sight lines across from impacted buildings and the 3d diagrams such as the following might be used to show the building in relation to view trajectories.

[cid:image001.jpg at 01D83ED9.85525360]

It may be worthwhile seeking our own professional view analysis. I know of another very good consultant. It really depends on the budget. I could see if she is still working and see what a budget could be for this to feed into mine. I would need to gather information quickly on how many buildings are impacted in terms of view.

I have also noticed that the attached Architectural design study is relatively silent on this issue which it should not be in my view when seeking ‘extras’.

Please let me know how you go with the Council. The contact is
Make a submission to Council Officer Reinah Urqueza<https://online2.cityofsydney.nsw.gov.au/DA/IndividualApplication?tpklapappl=1609096>

I will email later with a fee. However if you could have a think about how many buildings may be impacted this may help. They may be getting their own planners perhaps.

Speak soon and regards, Natalie

Natalie Richter Planning

PO Box 59 Mt Colah NSW 2079

m. 0438 828 972

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.  The contents and attachments are not to be altered or reproduced without our consent or used for any other purpose. If you have received this email in error then please delete the email and inform us of the error by return email.  We are not liable for any loss arising from the receipt or use of this email or attachments. It is the responsibility of the receiver to be satisfied that this email and attachments contain no computer viruses.

From: Craig Laforest <cscl at optusnet.com.au<mailto:cscl at optusnet.com.au>>
Sent: Friday, 18 March 2022 4:40 PM
To: info at natalierichterplanning.com.au<mailto:info at natalierichterplanning.com.au>
Subject: A PROGRAM ON HOW TO HAVE A DA FOUGHT AND WON

Dear Natalie,

Thank you for your text.

I live at 200 William Street, Woolloomooloo in the AVIS building and am a member of the residential Body Corporate.

Last week it was announced that the buildings which make up 166-194 William Street would be pulled down and an apartment block would be put up in its place, comprising 220 apartments.

Some of the owners in our building are not in favour of losing sunshine from this building, an increase in the already extremely heavy traffic on William Street surrounding roads/streets and in some cases, the views.

I asked the Potts Pointers group on Facebook if there was anyone who could be recommended to take up the fight against the DA on our behalf.  Your name was given by Drew Wentzel.  I mentioned in a post on Facebook “Outlined below are several important points re the DA.  The DA does not show the traffic problems that William Street is going to face for the present owners in this immediate area and any of the new owners of the apartments from this new apartment site. The DA proposes using an outlet such as Corfu Lane in addition to narrow McElhone and Cathedral streets as ways for people to drive onto William Street and to the Eastern Distributor. If you are travelling from the eastern suburbs to get to the site, this is also the major option to get into Forbes Street (where the entry to parking will be for the new build);. The only other option is to go down to busy Crown Street using back roads and turn right onto William Street (to get to Forbes).  My other major concern is that we are going to lose yet more sunshine from a really beautiful area overlooking the disaster of William Street and its constant throng of traffic. To put in 229 apartments is absolutely ridiculous given the traffic situation we have and again yet another way to continually build high and then in a few years’ time look back and say....'why did they decide to take away the sunshine yet again?' I have asked on PPers for a specialist who may help us fight this DA. Any recommendations would be appreciated.”

Below is the article which came out in the Sydney Morning Herald. Click on the picture of the building for full details:

https://m.facebook.com/groups/PottsPointers/permalink/3939889962903059/<https://m.facebook.com/groups/PottsPointers/permalink/3939889962903059/>

If this is an area you are qualified in and if you have the same concerns we have, would you kindly provide me with a quote and details of how you would go about working on our behalf.

My phone number, again, is 0409 323 585.

I look forward to hearing from you as soon as possible. Thank you.

Best regards,

Craig Laforest

s

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