Lane Cove Local Planning Panel Meeting
10 April 2018, 5:00pm
Lane Cove Local Planning Panel 10 April 2018
Minutes
PRESENT: Mr Robert Montgomery, Chairman, Ms Lindsey Dey, Planning Expert, Mr Steve Fermio, Environmental Expert, Mr David Astridge, Community Representative
ALSO PRESENT: Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shanker, Manager, Development Assessment, Ms Natalie Piggott, Senior Town Planner, Mr Andrew Thomas, Town Planner and Ms Angela Panich, Panel Secretariat
DECLARATIONS OF INTEREST: Mr David Astridge declared that he lived very close to the Viva Site but in no way felt this influenced his judgement on the Viva application
WEBCASTING OF COUNCIL MEETING
The Chairperson advised those present that the Meeting was being webcast.
Lane Cove Local Planning Panel Reports
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That pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel grants development consent to Development Application 204/17 for the installation of tank shields, water draining equipment and a flow meter on part of Lot 185 DP 752067 and on part of Lot 1 DP 880022 at Gore Bay Terminal, 124 Greenwich Road, Greenwich, subject to the following conditions:
Plans
1. (20) That the development be strictly in accordance with drawing numbers PY SK 51:- · 01, Revision 2, dated 7.7.17 and as amended up to 4.10.17; · 02, Revision 2, dated 7.7.17 and as amended up to 15.9.17; · 06, Revision 2 , dated 11.7.17 and as amended up to 4.10.17; · 07, Revision 2, dated 6.7.17 and as amended up to 4.10.17; and · 08, Revision 2, dated 11.7.17 and as amended up to 4.10.17, by TFA Project Group, except as amended by the following conditions.
Environment Protection Authority
2. As all physical works will be undertaken above the mean high-water level, there is potential for dirty water and wastes produced at the construction stage to enter the confluence of the Lane Cove River and Sydney Harbour, particularly during rain events. Details of the mitigation measures proposed to avoid entry of wastes and dirty water runoff to waterways are to be submitted with a Construction Certificate.
Reason: To ensure the Harbour is protected from potential contamination.
3. As construction works may involve the operation of equipment that may generate noise, details of any additional noise impacts that may occur as a result of the activities, and the measures proposed to minimise these impacts, are to be submitted with a Construction Certificate.
Reason: To protect nearby residents from the potential adverse impacts of construction.
General
4. (1) The submission of a Construction Certificate and its issue by a Principal Certifier PRIOR TO CONSTRUCTION WORK commencing. Reason: Ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.
5. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia. Reason: Statutory requirement.
6. (17) A Certificate of Completion being obtained from the Principal Certifier upon completion of all of the ancillary works that are the subject of this development application. Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the BCA.
7. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-
Monday to Friday (inclusive) 7.00am to 5.30pm Saturday 7.00am to 4.00pm No work to be carried out on Sundays or any public holidays.
A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site. Reason: To ensure reasonable amenity is maintained to the neighbouring properties.
8. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside. Reason: To protect the environment and public amenity.
9. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise. Reason: To protect the environment and public amenity.
10. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.
Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place. Reason: To protect the environment and public amenity.
11. (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place. The sign(s) shall indicate: a) the name, address and telephone number of the Principal Certifier; b) the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and c) a statement that unauthorised entry to the construction site is prohibited.
The signs shall be maintained for the duration of construction works. Reason: To ensure public safety and public information.
12. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED. Reason: To protect the environment.
13. (56) Where Lane Cove Council is appointed as the Principal Certifier, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-
a) pier holes/pads before filling with concrete; b) all reinforcement prior to filling with concrete; and c) completion. Reason: Statutory requirement.
14. (57) Structural Engineer's details being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE for the following:- a) footings; b) reinforced concrete work; and c) structural steelwork. Reason: To ensure structural adequacy.
15. (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and Regulations and the WorkCover Authority. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS. Reason: To ensure public safety.
16. (74) All demolition works being completed within a period of three (3) months from the date of commencement. Reason: To protect the amenity of the locality.
17. (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item. Reason: To protect the amenity of the locality.
18. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work. Reason: To ensure public safety.
19. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours. Reason: To comply with Work, Health and Safety Regulations and ensure public safety.
20. (79) Compliance with Australian Standard 2601 - The Demolition of Structures. Reason: To protect the surrounding environment.
21. (87) Council’s verge and the pedestrians' portion of footpath adjacent to the site are to be kept clear and trafficable at all times. Reason: To protect the amenity of the locality.
22. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant. Reason: To ensure all work is carried out lawfully.
23. (141) Long Service Levy Compliance with section 6.8 of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy). All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.
COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. Reason: Statutory requirement.
Health
24. The works to be undertaken are to comply at all times with the NSW Environment Protection Authority’s (EPA) Noise Policy for Industry (2017) and the Protection of the Environment Operations Act, 1997. Reason: Statutory requirements.
25. (401) Demolition Works and Asbestos Removal/Disposal
The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-2001: The Demolition of Structures. All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road. Pursuant to section 27A of the Occupational Health and Safety Act 1983 “Notification to Commence Demolition Work” form is to be submitted to WorkCover at least seven days prior to work commencing. All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the WorkCover Authority and EPA guidelines and requirements. The asbestos must be removed by a bonded asbestos licensed operator. Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required. Reason: Statutory requirements.
26. (402) Dust Control
The following measures must be taken to control the emission of dust:
a) dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work; b) any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter; c) all dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray - water used for dust suppression must not be allowed to enter the street or stormwater system; d) all stockpiles of materials that are likely to generate dust must be kept damp or covered; and e) demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site. Reason: Statutory requirement.
27. (404) Erosion and Sedimentation Controls – Major Works
Erosion and sediment control devices are to be provided. All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works. Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness. Reason: Statutory requirement.
28. (442) Noise Control – Offensive Noise
To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environment Operations Act 1997. No offensive noise generating work to be undertaken on Saturdays. Reason: Statutory requirement.
29. (447) Noise Monitoring
Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant. Reason: Statutory requirement.
30. (464) Bunding – Work Areas
All work areas where spillage is likely to occur shall be bunded. This is to be done by way of speed humps, grading the floor area or by any other appropriate means, to prevent contaminated water entering the stormwater system. The bunded area is then to be drained to a sump for collection and appropriate disposal of the liquid. Reason: Statutory requirement.
Engineering
31. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. Reason: To ensure public works are carried out in accordance with Council’s requirements.
32. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property. Reason: To protect Council’s assets throughout the development process.
33. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval. Reason: To ensure public safety.
34. (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant. Reason: To maintain Council infrastructure.
35. (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant. Reason: To protect, maintain and provide utility services.
36. (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for works on roads’. Reason: To ensure pedestrian access.
37. (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant. Reason: To ensure Council infrastructure is protected.
Engineering condition to be complied with prior to Construction Certificate
38. (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3,000 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate. Reason: To ensure the public domain infrastructure is protected.
Engineering condition to be complied with prior to commencement of construction
39. (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary. Reason: To protect the environment and public amenity.
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The decision of the Panel was unanimous |
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Review of Determination of Application - 82 Northwood Road Northwood |
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That pursuant to Section 8.2 of the Environmental Planning and Assessment Act, 1979, as amended, the Lane Cove Local Planning Panel grant consent to the amended Development Application D120/2017 for the demolition of existing structures, tree removal, construction of new dwelling house, swimming pool and cabana at 82 Northwood Road, Northwood subject to the following conditions.
General Conditions
1. (20) That the development be strictly in accordance with Drawing numbers 1/9 A to 9/2A dated 1/2018 except as amended by the following conditions. Reason: To ensure that the development is in accordance with the determination.
2. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing. Reason: Ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.
3. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia. Reason: Statutory requirement
4. (11) The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate. Reason: Statutory requirement
5. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000. Reason: Statutory requirement
6. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building. Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the Building Code of Australia.
7. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-
Monday to Friday (inclusive) 7.00am to 5.30pm Saturday 7.00am to 4.00pm No work to be carried out on Sundays or any public holidays.
A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site. Reason: To ensure reasonable amenity is maintained to the neighbouring properties.
8. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside. Reason: To protect the environment and public amenity.
9. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise. Reason: To protect the environment and public amenity.
10. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED. Reason: To protect the environment and public amenity.
Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.
11. (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place. The sign(s) shall indicate: a) the name, address and telephone number of the Principal Certifying Authority; b) the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and c) a statement that unauthorised entry to the construction site is prohibited.
The signs shall be maintained for the duration of construction works. Reason: To ensure public safety and public information.
12. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED. Reason: To protect the environment.
13. (52) The swimming pool being surrounded by a fence:-
a) That forms a barrier between the swimming pool; and i) any residential building or movable dwelling situated on the premises; and ii) any place (whether public or private) adjacent to or adjoining the premises; and
b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926 – 2012, “Swimming Pool Safety”.
SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL
ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed. The register can be found at www.swimmingpoolregister.nsw.gov.au. Reason: Statutory requirement.
14. (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure. If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997. Reason: To ensure acoustic amenity is maintained between properties.
15. (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.
The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL". Reason: Statutory requirement.
16. (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981". Reason: Statutory requirement.
17. Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-
a) All reinforcement prior to filling with concrete. b) Framework including roof and floor members when completed and prior to covering. c) Installation of steel beams and columns prior to covering. d) Waterproofing of wet areas. e) Pool reinforcement prior to placement of concrete. f) The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water. g) Stormwater drainage lines prior to backfilling. h) Completion. Reason: Statutory requirement.
18. (63) All metal deck roofs being of a ribbed metal profile, in a mid to dark colour range with an anti glare finish. The intent of the condition is to reduce sun reflection and glare to protect the amenity of the surrounding resident. Reason: To protect residential amenity.
19. Standard Condition (64) A check survey certificate is to be submitted at the completion of:- a The completion of works.
Note: All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum. Reason: To ensure the development is in accordance with the determination.
20. (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS. Reason: To ensure public safety.
21. (72) The demolition works being confined within the boundaries of the site. Reason: To ensure compliance with the determination and public safety.
22. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work. Reason: To ensure public safety.
23. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours. Reason: To comply with Work Health and Safety Regulations and ensure public safety.
24. (79) Compliance with Australian Standard 2601 - The Demolition of Structures. Reason: To protect the surrounding environment.
25. (130) Compliance with the Waste Management Plan submitted along with the application. Reason: To protect the surrounding environment.
26. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant. Reason: To ensure all works is carried out lawfully.
27. (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.
COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. Reason: To ensure that the levy is paid.
28. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application. Reason: Statutory requirement.
Tree Conditions
29. (300) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Section 2.2 of the Lane Cove Development Control Plan (The DCP), states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal and/or pruning of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove. Reason: To protect the environment.
30. A Project Arborist of minimal AQF Level 5 qualification is appointed to oversee/monitor trees condition during construction and sign off on tree protection measures. Trees are to be monitored throughout construction and a certificate produced upon completion demonstrating the trees have been maintained in adequate condition. All certificates are to be submitted to the principal certifier prior to the issue of occupation certificate. Reason: To protect the environment and trees.
31. The proposed driveway must be set back at least 2 metres from each of the two council owned street trees (Palms), this is to be measured from the closest edge of the tree trunk to the outer edge of the driveway. The driveway must be constructed above the existing grade and retain all roots greater than 30 millimetres in diameter with the exception of the required pruning of roots for pier holes. The construction must be supervised and certified by the project Arborist and certification submitted to council prior to the issue of occupation certificate. Reason: To minimise impact on the two street palms trees which are to be retained and protected.
32. All piers required for the driveway crossover are to be manually excavated; roots may be pruned by the project Arborist only who is to document pruned roots and provide written certification identifying compliance to this condition. The certificate must be submitted to the certifier and approved prior to the issue of the occupation certificate. Reason: To minimise impact on the two street palms trees which are to be retained and protected.
33. This consent gives approval for the removal of trees identified as 3 and 5 in the Arborist report only upon issue of the construction certificate only. Reason: To ensure compliance with determination.
34. This consent gives permission to prune tree 1 in accordance with the specification in the Arborist report and in accordance with AS4373- Pruning of Amenity Trees (2007). All pruning work is to be carried out from ground level and no contractor is permitted to cross the property boundary without written consent from the occupant. Reason: To ensure compliance with Australian Standards.
35. Trees removed as part of the DA process must be replaced at a ratio of no 1:1 and all plantings/landscaping must comply with part J Landscaping of the Lane Cove Development Control Plan 2010 and be installed prior to the issue of the occupation certificate. Reason: To ensure compliance with Council requirements.
36. Tree 3 is to be replaced with one Angophora costata and be a minimum height of 4 metres from ground level at the time of installation. The reason is so the tree is protected by the tree preservation controls immediately. The tree must be located in the front of the property and be of at least 100 litre root stock. Reason: To ensure compliance with Council requirements.
Tree Protection
37. Tree protection is to be installed as per the Arborists recommendations G and H. A tree management plan is to be prepared and submitted to council specifying how trees will be managed during construction Prior to the issue of the construction certificate as per the Arborists recommendations section I, page 9. Reason: To protect the environment and trees.
Bond on Street & Council Trees
38. (327) A bond of $20,000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the trees identified as 2x mature Council owned Phoenix Palms located outside the property on the nature strip to be retained. This bond shall be forfeited in the event of damages to any of these trees as a result of the development works. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the trees including labour will be incurred in addition to forfeiting the bond. The applicant shall contact Council to have the street tree inspected following issue of the final Occupation Certificate to trigger release of the street tree bond. Reason: To protect the Council street trees.
39. All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development. Reason: To ensure the protection of the environment and trees.
General Engineering Conditions
40. (A1) Design and Construction Standards: All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions. Reason: To ensure compliance with Council’s requirements.
41. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. Reason: To ensure public works are carried out in accordance with Council’s requirements.
42. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property. Reason: To protect Council’s assets throughout the development process.
43. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval. Reason: To ensure public safety.
44. (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant. Reason: To maintain Council infrastructure.
45. (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant. Reason: To protect, maintain and provide utility services.
46. (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’. Reason: To ensure pedestrian access.
47. (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant. Reason: To ensure Council infrastructure is protected.
48. (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. Reason: To ensure compliance with Australian Standards.
49. (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows § Rainwater draining to the reuse tanks are to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank. “On - ground” surfaces are to drain via a separate system. § Mosquito protection & first flush device shall be fitted to the reuse tank. § The overflow from the rainwater reuse tank is to drain by gravity to the receiving system. § Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development. Reason: To ensure compliance with Council’s infrastructure requirements
Engineering conditions to be complied with prior to Construction Certificate
50. (D1) Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. Reason: To ensure compliance with Council’s requirements.
51. (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. The vehicular crossing shall incorporate a gutter bridge design to ensure the protection of the two street palm trees. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.
52. (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Reason: To ensure compliance with Council specifications and protect the two street palm trees.
53. (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation. The applicant shall:- (a) seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties (b) detail what measures are to be taken to protect those properties from undermining during construction (c) provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate. (d) Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer. A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate. All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence. Reason: To ensure excavation is carried out safely and protect neighbouring properties.
54. (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate. Reason: To ensure the public domain infrastructure is protected.
55. (W1) Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.
Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate. Reason: Public Safety Engineering condition to be complied with prior to commencement of construction
56. (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary. Reason: To protect the environment and public amenity.
Engineering condition to be complied with prior to Occupation Certificate
57. (M2) Certificate of Satisfactory Completion: Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate. · Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. Reason: To ensure compliance with Council’s requirements and the determination.
58. (V3) Redundant Gutter Crossing: All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate. Reason: To ensure compliance with Council’s requirements.
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The decision of the Panel was unanimous |
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That pursuant to the Environmental Planning and Assessment Act, 1979, as amended, the Lane Cove Local Planning Panel refuses development consent to Development Application DA150/17 for the demolition of existing building and construction of a 6 storey residential flat building at 29 Birdwood Avenue, Lane Cove for the following reasons:
1. The proposed development is inconsistent with the aims of the Lane Cove Local Environmental Plan 2009 having regard to the bulk and scale of the proposed development which would not be sympathetic to adjoining development.
2. The proposed development is in excess of the maximum permissible floor space ratio (FSR) LEP development standard and the Clause 4.6 variation submitted is not considered well founded and as such not supported.
3. The proposed development does not meet the design quality principles of State Environmental Planning Policy No 65 with regards to Context and neighborhood, Built form and scale, density and amenity. The proposed development does not provide adequate separation distances to the side and rear boundaries and is inconsistent with the requirements of the ADG and LCDCP 2010,
4. The building design is not sensitive to the context and scale given that the site area is less than the minimum lot size required for a residential flat building.
5. The building setbacks are inadequate, proposed development does not meet and is well below the side and rear setback requirement of 6m for the 4 storey and 9m for the 5 and 6 storey portions.
6. The location and design of the common open space is insufficient, inadequate and fails to provide for reasonable amenity and facilities for the residents.
7. The open circulation corridors without whether protection at all level do not provide adequate amenity to the residents.
8. The internal amenity of the dwelling is not adequate, in particular the snorkel rooms, location of kitchens within circulation spaces, location of bathrooms which open directly into living areas.
9. The proposed development does not provide for adequate housing choice and diversity as it does not provide for any 3 bed room dwellings.
10. The proposed development does not provide for adequate ground level landscaping and the rooftop terrace fails to provide function and satisfactory communual open space.
11. The proposed development does not provide for on-site waste collection.
12. Inadequate information has been provided in relation to vehicular movement within the basement levels.
13. Inadequate information has been provided in relation to potential soil contamination and construction noise management plan
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The decision of the Panel was unanimous |
The meeting closed at 6.45pm
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