Thanks for the opportunity to provide comment on the proposed Nihon University in Newcastle East. I have reviewed the associated heritage statement prepared by John Carr Heritage Designs. This document makes no reference to Aboriginal heritage nor does it refer to the City of Newcastle's (CoN) Heritage Strategy 2013-2017 or CoN's Aboriginal Heritage Management Strategy 2018-2021 (AHMS). The reader is left with the impression that the site's history began in 1821 when in fact it began some thousands of years earlier. Given that CoN has recently invested significant resources in successfully preparing a range of Aboriginal cultural heritage initiatives including the aforementioned AHMS and the gazettal of Aboriginal dual naming of eight land forms I would request that this significant omission be rectified and the heritage statement amended accordingly. There is an opportunity to tell appropriate stories of Aboriginal cultural heritage in the fabric of the proposed development so that we improve awareness of and respect for the Awabakal people's ongoing links to the land. Interested Aboriginal parties would be able to assist in this endeavour. Ian Rhodes 27 May 2019

Please see attached submission.

See letter uploaded

Dear Sir/Madam,

As owners of 100 Mount Street, North Sydney, we query whether a modification of such significant proportions can be assessed under Section 75W ? The modifications include
- a 28% increase in height. (9 storey (part 26/part 32) to 41 storey building.)
- a 26% increase in GFA - 53,236 to 66,706m2 (+13,470 m2).
- deletion of a public car park.

Yours sincerely,

Simon Fox
Strategy, Transactions & Development
DEXUS Property Group

The proposed extra 7 floors are in contravention of a recently signed binding agreement between the developer and the owners Corporation of Beau Monde 79-81 Berry Street.. The significant extra height created by the extra floors will have a dramatic adverse impact on the privacy and use of private open space of Beau Monde apartment owners , particularly the upper Floor apartments which have large balconies of up to 80m2 and adjoining full height windows. This proposal would create 7 floors of offices looking down and into residents private spaces
The developer is in negotiations with the Owners Corp to mitigate these isssues and if successful this objection will be withdrawn

Thank you for notifying surrounding properties of the amendments sought by the proponent (an improvement over 100 mount st where there was no notification and the extension of time was granted without community consultation)

The increase in height has an undue impact on the residential tower to the north.
The tapering is welcome and could assist in reducing the height by 5 levels if the full width of the site was use to retain the existing floor area.

Part3A was approved with a maximum floor area which this would exceed. This dramatic adjustment should be reviewed under the current planning laws and resubmitted (as should have been the case for 100 mount st

The new form does not improve view access as 100 mount st obfiscates the view to the south and only serves to increase the height which reduces the sky views that would be available from leve 27 and higher. There is no amenity other than to extend the floor area and as such unduly dimishes the residential tower.
As an alternative, the building height could be reduced further by council allow the lower floors to overhang denison st where the floor plate has the greatest length therefore affording an overall height reduction by 9 floors.

Further there is no reason why the department can not require the proponent to reduce the height of the building or to reapply under the existing north sydney planning rules whereupon a building with a smaller form, floor area and with less impact on the residential tower can be achieved.

It is unconscionable that the department and council allow the construction of a residential tower with windows to the south then expect a building to be so close as to degrade the privacy of residents. The building should be a minimum of 40m from the residential tower to allow residents to use the apartments during the day without concern for the commercial residents peering into the rooms.

Firstly the modification should be rejected on the above grounds.
Secondly, the development should be reviewed and resubmitted under the north sydney planning rules and not continue under Part3A
Thirdly, the building height should be reduced below level 30 of the residential tower by extending east and west the full length of the lower floors to achieve the existing or desired floor space
Lastly, the increased height will overshadow the new plaza on MountSt which defeats the purpose of the open space and amenity in north sydney