Agenda
Lane Cove Local Planning Panel Meeting
7 September 2021,
Notice of Meeting
Dear Panel Members,
Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the on Tuesday 7 September 2021 commencing at 3pm by Zoom. The business to be transacted at the meeting is included in this business paper.
Yours faithfully
Craig Wrightson
Lane Cove Local Planning Panel Meeting Procedures
The Lane Cove Local Planning Panel (LCLPP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Lane Cove Local Planning Panel Charter and any guidelines issued by the General Manager
of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.
DECLARATIONS OF INTEREST
APOLOGIES
NOTICE OF WEBCASTING OF MEETING
public forum
Members of the public may address the Panel to make a submission.
Lane Cove Local Planning Panel Reports
2. 16 Mars Road, Lane Cove West................................................ 5
Orders Of The Day
Lane Cove Local Planning Panel Meeting 07 September 2021
16 Mars Road, Lane Cove West
Subject: 16 Mars Road, Lane Cove West
Record No: DA21/43-01 - 49119/21
Division: Environmental Services Division
Author(s): Greg Samardzic
Property: |
16 Mars Road, Lane Cove West |
DA No: |
DA 43/2021 |
Date Lodged: |
29 April 2021 |
Cost of Work: |
$27,600,125.00 |
Owner: |
Lane Cove Business Park P/L |
Applicant: |
Ford Land Company P/L |
Description of the proposal to appear on determination |
New warehouse building development |
Zone |
IN2 Light Industrial |
Is the proposal permissible within the zone |
Yes |
Is the property a heritage item |
No |
Is the property within a conservation area |
No |
Is the property adjacent to bushland |
No |
BCA Classification |
Class 5, 7a & 7b |
Stop the Clock used |
On 21 May 2021 additional health, traffic, landscaping and accessibility information was requested from the applicant to address
On 7 June 2021 and on 2 August 2021 additional information was submitted to Council |
Notification |
Notified in accordance with Council’s policy and no submissions received |
The proposal is referred to the Lane Cove Local Planning Panel as a 19.6% breach to the Building Height development standard under Lane Cove Local Environmental Plan (LCLEP) 2009 is proposed.
The proposal is for construction of a new two storey warehouse building development containing four warehouse units with mezzanine offices on a portion of the existing industrial estate on No. 16 Mars Road primarily facing the Sirius Road frontage. The new building will be known as Building I within the estate. Associated building identification signage is also proposed. The warehouse is to be constructed adjacent to existing Building D and a rooftop carpark of the new warehouse is proposed to be connected to the existing rooftop carpark of Building D. This will involve physical vehicular connections between the two buildings at the roof level and a rooftop carpark access ramp from Woodcock Place to provide direct access to Building D.
The proposed warehouse development is not compliant with the numerical Building Height and Floor Space Ratio (FSR) development standards of Lane Cove LEP 2009. A maximum building height of 21.5m is proposed, which is a 19.6% variation to the entire permitted building height of 18m under the LEP. While the majority of the proposed building is below the maximum 18.5m height plane, a small portion of the proposed fire stair, lift overrun and rooftop shelter structure would exceed the maximum height at the southwestern sections of the building. Further, a maximum FSR of 1.03:1 is proposed for the entire industrial estate containing other buildings on the subject site and the maximum permitted FSR under the SEPP is 1:1 (representing a 3% variation).
The applicant has submitted Clause 4.6 written justification and the proposed variations are supported as the proposed development would be compatible with the character of the industrial locality including the built form or massing of the existing other industrial estate buildings located on the subject site. The breach in height is due to the slope of the land and the structures that breach the height providing appropriate equitable access or use to the rooftop car parking area. Given the context of the site and the nature of the proposed building, the proposed height variation would not have significant adverse impacts onto surrounding properties. The additional floor space created by the proposed development would support the delivery of a modern high-quality warehouse space and provide a significant contribution to employment within the Lane Cove Industrial Precinct.
There are variations to the minimum 4m side building and the minimum 2m side landscaping setback controls under Lane Cove Development Control Plan (LCDCP). A nil ramp, hardstand and part building setback for warehouse 2 is proposed to the northern boundary which is zoned SP2 Infrastructure (electricity) zone which contains an existing high-power testing facility. The proposed variations are supported as the proposal would not be inconsistent with other existing side setbacks of other buildings on the subject site and within the Lane Cove West industrial locality. The proposed side setbacks would not adversely impact on the operation of the adjoining high-power testing facility.
There are DCP variations to the minimum 20% landscape site area, a minimum 10% landscaping to be provided on-built structures for the enjoyment of workers controls and landscaping to be provided around the perimeter of the car parking including in between every 10 car parking spaces. A total of 15% of the entire industrial estate would be landscaped due to the proposed works being undertaken and no on-built landscaping on the carpark rooftop area is proposed. The proposed variations are supported in this instance as the landscaping outcome would be satisfactory along the Sirius Road frontage where the new warehouse building would be located and the remaining existing landscaped areas elsewhere on the estate would largely remain. The design of the rooftop carpark would not be inconsistent with the design of other rooftop carparking areas within the subject estate.
Further, there are four proposed pylon signs being proposed to identify the estate and tenants which exceeds the maximum signage number and area permitted under Council’s signage DCP. It is considered that the proposed level of signage is reasonable in this instance due to the size and scale of the proposed development involved.
The proposal was notified in accordance with Council policy and no submissions were received.
The subject Development Application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979. It is considered that the proposal as submitted involves for a reasonable built outcome which is consistent with the existing built form in the locality. The proposed development would satisfy the employment needs of the Lane Cove West Industrial Precinct and would continue to maintain relevant amenity objectives to surrounding developments.
The Development Application is recommended for approval subject to conditions of consent.
SITE
Property |
Lot 1 DP 608309, No. 16 Mars Road, Lane Cove West
|
Area |
4.7ha for the entire industrial estate known as the Lane Cove West Industrial Precinct
|
Site location |
Southern side of Mars Road and the eastern side of Sirius Road
|
Existing improvements
|
Industrial estate comprising eight warehouse buildings
|
Shape |
Irregular
|
Dimensions |
Varying in length and width
|
Adjoining properties
|
Predominantly Industrial developments including electricity and substation infrastructure
|
The existing industrial estate at No. 16 Mars Road comprises eight warehouse/office buildings named Buildings A - H which includes roads, hard paving, car parking and landscaping. There are two primary landscaped areas for workers within the estate being a courtyard area to the south of Building B which fronts Mars Road and an open space area to the south of Building F which is located at the south eastern corner of the site near the café which services the estate workers. The wide estate contains multiple access points on Mars Road, Woodcock Place, Lincoln Street and Sirius Roads. Interconnected rooftop carparking is provided above Buildings C & B which is accessed via a ramp from Sirius Road.
The subject development site is currently a vacant area used for informal parking and storage comprising an area of approximately 6,100sqm. Also, this portion of the site contains a small commercial building known as Building H and an access ramp to a rooftop car park above Building D further to the east.
Photographs of the development site are shown below.
There is limited vegetation where the new building would be constructed and there are three street trees along Sirius Road. Existing landscaping comprises of a grassed area with 10 trees and shrubbery adjacent to Building D and Woodcock Place above where the new access ramp to the Building D carpark is to be constructed.
The subject development site had four ingress/egress access points. Two driveways serve the existing vacant area while one driveway services the access ramp to the Building D carpark and the other driveway services the hardstand areas to the south of Buildings H & D. The site is located to bus stops on Mars Road which has bus services to Chatswood and the Sydney CBD during peak hours. There are other bus stops located 1.1km away on Epping Road which provides for frequent bus services.
PREVIOUS APPROVALS/HISTORY
No previous approvals or history are relevant to the subject Development Application other than the applicant providing a comprehensive FSR audit of the other existing buildings located within the subject industrial estate.
PROPOSAL
The proposal is for construction of a new warehouse building development on a portion of the existing industrial estate on No. 16 Mars Road primarily facing the Sirius Road frontage. The new building will be known as Building I within the estate. The warehouse is to be constructed adjacent to existing Building D and a rooftop carpark of the new warehouse is proposed to be connected to the existing rooftop carpark of Building D. This will involve physical vehicular connections between the two buildings at the roof level and a rooftop carpark access ramp from Woodcock Place to provide direct access to Building D.
Specifically, the proposed works include the following:
· Site preparation works including demolition of Building H and access ramp to Building D rooftop carpark. · Construction of a two storey warehouse building comprising four warehouse units with mezzanine offices. · A rooftop carpark with 124 car parking spaces with integrated access to the existing Building D rooftop carpark. · Associated hardstand areas adjoining the loading areas of the warehouse units. · Access ramps to the hardstand areas. · Reconfiguration of the Building D rooftop carpark to include amendment to the car park area to contain 79 car parking spaces (including relocation of 12 spaces); construction of a ramp connecting the Building D & I rooftop carparks; and construction of a new access ramp to the Building D rooftop carpark from Woodcock Place. · Associated landscaping to the Sirius Road frontage, the northern edges of the development site and the existing open space. · Associated building identification and business identification signage.
VIEW FROM SIRIUS ROAD A total of 8,189sqm of warehouse space and 2,853sqm of mezzanine office space are proposed.
The following operating hours of the warehouse and mezzanine offices are proposed to be between 5.30am – 9pm Monday to Friday and 5.30am – 5pm Saturday to Sunday. Specific uses and fit-out of the warehouses and offices would be subject to separate Development or Complying Development Applications.
The proposed rooftop carpark area and access ramp are shown in the diagram below with the view from Woodcock Place. The ramp will be for passenger vehicles only with service vehicles provided with separate access. The ramp will begin from the existing landscaped area off Woodcock Place leading to Building D.
VIEW FROM WOODCOCK PLACE
Loading areas would be provided along the southern and northern ends of the warehouse building. A new hardstand area would be provided at the southern end for the Level 1 warehouses and a new ramp would be provided at the northern end for the Level 2 warehouses. These new hardstand areas would be connected to the existing hardstand areas adjacent to the Building D.
Pedestrian stair and ramp access would be provided from Sirius Road to a lobby area.
Sixteen bicycle parking would be provided adjacent to the pedestrian ramp.
A 3 - 8m landscape buffer would be provided to the Sirius Road frontage including deep spoil plantings, turfed areas and pathway paving. The proposed plantings include 15 high trees, shrubs, ground covers and grasses which would partially screen the development from the street. Further, 1m wide plantings along the northern side ramp and retention of the of the landscaped area where the new ramp is proposed to the rooftop carpark of Building D are also proposed.
LANDSCAPE SITE PLANS
LANDSCAPE PLAN SECTION DETAIL
The proposed building identifications and business identification signage all face Sirius Road which includes:
· One estate identification sign on the pedestrian ramp retaining wall – 5m(w) x 1.42m(h).
ESTATE IDENTIFICATION
· Two tenant wall mounted business identification signs on Level 2 – 8.2m(w) x 1.2m(h) each. TENANT SIGNAGE
· One estate with street address pylon sign at the southwest corner of the development site - 2m(w) x 6m(h). ESTATE PYLON SIGN
· One tenant description pylon sign near the pedestrian stairs leading to the lobby – 1.6m(w) x 3.24m(h). TENANT PYLON SIGN 3D SIGNAGE DETAIL PLAN |
The following assessment is provided against the relevant provisions of Section 4.15 of the Environmental Planning and Assessment Act, 1979:
Section 4.15 Matters for Consideration
(a) The provisions of:-
(i) Any environmental planning instrument: |
State Environmental Planning Policy (SEPP) No. 55 (Remediation of Land)
The provisions of SEPP 55 – Remediation of Land have been considered in the assessment of the subject Development Application. The Development Application is satisfactory having regard to the relevant matters for consideration under SEPP55 with submission of the preliminary site investigation concluding that any potential contamination would not preclude redevelopment of the subject development site subject to a detailed site assessment occurring post demolition. It is recommended that condition be imposed requiring submission of a Hazardous Materials Survey (HMS) prior to demolition and a Detailed Site Investigation (DSI) post demolition. The proposal complies with the provisions of SEPP 55 Remediation of Land.
State Environmental Planning Policy (SEPP) No 64 (Advertising and Signage)
SEPP 64- Advertising and Signage applies to the assessment of advertising and signage. The relevant clauses of this Policy, including Schedule 1, are discussed below.
Clause 3 Aims and objectives
In summary, the relevant aims of this Policy that are set out under sub - clause (1)(a) are:
· to ensure that signage:
- is compatible with the desired amenity and visual character of an area, and
- provides effective communication in suitable locations, and
- is of a high-quality design and finish, and
· to regulate signage.
The proposed signs are consistent with the above aims and objectives of the SEPP.
Clause 4 Definitions
Under the standard instrument a business identification sign is defined as:
· business identification sign means a sign:
(a) that indicates:
(i) the name of the person or business, and
(ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
The proposed business identification signs are permissible in the zone.
(ii) Schedule 1 Assessment criteria
Comment: The proposed signage complies with all relevant assessment criteria in schedule 1. Each of the eight points under Schedule 1 is discussed below.
|
Assessment |
Compliance |
Character of the area |
||
Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?
Is the proposal consistent with a particular theme for outdoor advertising in the area or locality? |
The signs would be compatible with the existing industrial character of this area.
The proposed size and dimensions of the signs are not considered to be large or excessive.
The proposal would not change the advertising theme of the area. |
Yes |
Special Areas |
||
Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas? |
As the site is not located in a Special area (heritage, environmentally sensitive etc) this aspect is not relevant. |
Yes |
|
Assessment |
Compliance |
Views and vistas |
||
Does the proposal obscure or compromise important views?
Does the proposal dominate the skyline and reduce the quality of vistas?
Does the proposal respect the viewing rights of other advertisers? |
The signs are either at ground level, within the existing building envelope and below the roof height. The signs would not adversely impact views, the skyline, or other advertisers. The proposal would not impact on views. The proposed signs are restricted in size to mitigate visual impact.
No impact.
Respected.
|
Yes |
Streetscape, setting or landscape |
||
Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?
Does the proposal contribute to the visual interest of the streetscape, setting or landscape?
Does the proposal reduce clutter by rationalising and simplifying existing advertising?
Does the proposal screen unsightliness?
Does the proposal protrude above buildings, structures or tree canopies in the area or locality?
Does the proposal require ongoing vegetation management? |
The signs are appropriate for the light industrial uses within the area and on the Sirius Road streetscape. The signage would contribute to the visual interest to the streetscape. The signs would be located below the height of the building’s roof and the signs would not cause visual clutter or dominate the streetscape. The signs would not impact on existing street tree canopies.
The signs would contribute positively to the streetscape and setting providing business identification and associated messages consistent with other similar uses within the Lane Cove LGA.
The signs would not add to any clutter.
The proposal would not screen unsightliness.
The signs are either attached to the ground level or the building and would not protrude above buildings or tree canopies.
No. |
Yes |
|
Assessment |
Compliance |
Site and building |
||
Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?
Does the proposal respect important features of the site or building, or both?
Does the proposal show innovation and imagination in its relationship to the site or building, or both? |
The signs would be compatible with the scale and proportion of the building. Each sign is relatively low-key compared to the scale of the building. The signs would be appropriately proportioned to the subject site.
The design and orientation of the signs respects important features such as on the subject site, building and surrounding industrial uses.
The new modern signage is an ancillary component to be installed at the warehouse development located along Sirius Road. |
Yes |
Associated Devices and Logos |
||
Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed? |
The signs could include appropriate logos as an integral part of the proposed signage and the proposed colours/finishes when selected would be sympathetic to the architectural elements of the building. The final signage/logo detail would be appropriately integrated into the proposed signage structures.
Servicing and changing of messages would be safely conducted only by staff. |
Yes |
|
Assessment |
Compliance |
Illumination |
||
Would illumination result in unacceptable glare?
Would illumination affect safety for pedestrians, vehicles or aircraft?
Would illumination detract from the amenity of any residence or other form of accommodation?
Can the intensity of the illumination be adjusted, if necessary?
Is the illumination subject to a curfew? |
No illumination is proposed.
|
Yes |
Safety |
||
Would the proposal reduce the safety for any public road?
Would the proposal reduce the safety for pedestrians or bicyclists?
Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas? |
The signs would not reduce safety along Sirius Road or reduce the safety of pedestrians, cyclists or children. The proposal is located on the subject site and is set back well away from the kerb to enhance safety.
The proposal would promote safety for pedestrians by being seen.
The signage would not obstruct sightlines from public areas. |
Yes |
Lane Cove Local Environmental Plan (LCLEP) 2009
Warehouse uses are a permissible form of development within the IN2 Light Industrial zone.
Development Standards
The proposal has been assessed against the applicable development standards within LCLEP 2009 as detailed in the following table of compliance:
Lane Cove LEP 2009 |
Proposal |
Compliance |
4.3 Height |
||
18m |
Maximum 21.5m (19.6% variation) |
No, see discussion below |
4.4 FSR |
||
1:1 Site Area 47,414m² FSR = 48,647m² |
1.03:1or 1,233m² (3% variation) |
No, see discussion below |
Other Provisions
LEP |
Proposed |
5.6 Architectural Roof Features |
The application does not propose or include any architectural roof features that exceed the maximum building height. |
5.10 Heritage Conservation |
The application is not within a heritage conservation area or within the vicinity of a heritage item identified under Schedule 5 of LCLEP 2009. |
A. Clause 4.6 Written Request – Building Height
A maximum building height of 18m applies to the site under LCLEP 2009. The proposed building has a maximum building height of 21.5m (a variation of 3.5m or 19.6%) at the southwestern sections of the building. The relevant height plane and elevation diagram of the proposal are provided below.
Clause 4.6 Exceptions to development standards
Clause 4.6 of LCLEP 2009 allows exceptions to development standards. Consent must not be granted for development that contravenes a development standard unless the consent authority has considered and agrees with the written request from the applicant that seeks to justify the contravention of the development standard. This written request must demonstrate compliance with the relevant provisions of Clause 4.6 of LCLEP 2009. These matters are discussed below:
Written request provided by the applicant
The applicant has provided a written request seeking a variation to the development standard with the lodged application. A copy of the request provided to the Panel (AT3). Under Clause 4.6(3) the applicant is required to demonstrate:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
1. Whether compliance with the development standard would be unreasonable or unnecessary in the circumstances of the case.
The Clause 4.6 variation has argued that it is unreasonable or unnecessary to require strict compliance with the development standard for the following reasons:
This proposal achieves the objectives of the Building Height standard by:
· The proposed development is located within an industrial estate which contains a variety of existing industrial buildings which are not sensitive nor actively require solar access.
· The proposed building is not located near any residential or commercial buildings which are more sensitive to solar access.
· The site of the proposed development is not located within proximity of any zone boundaries.
· The proposed variation relates specifically to the southwestern corner of the building and comprises the lift overrun, fire stairs and rooftop colonnade. These elements are not be frequently use and do not pose adverse privacy risks.
· These elements provide for visual interest by making it a prominent corner in the design of the building.
· The building bulk and massing are similar, to surrounding industrial buildings.
· A compliant 8m front setback has been provided to allow for increased solar access to the public domain.
· The variation is due to in part of the slope of the land approximately by 6m from its northeastern corner to the southwestern of the site and majority of the building is below the maximum 18m height plane.
· The visual impact of the building will be screened by landscaping.
Comment:
The proposed variation has little visual impact effect to the scale of surrounding buildings as it only forms part of the proposed building and strict compliance is unreasonable due to the slope of the land. The warehouse development still presents as a maximum 2 storey building to the street frontage due in part the proposal being satisfactorily set back 8m from Sirius Road and the proposed variation would have very little adverse impact on the overall scale of the building when compared to other industrial buildings located within the Lane Cove West Industrial Precinct.
The variation is consistent with the objectives of the development standard for the following reasons:
· The proposed variation makes very little visible increase to the bulk and scale of the development and allows for reasonable solar access to existing buildings and public areas to be maintained.
· The proposal does not contain significant adverse privacy and visual impacts on neighbouring properties.
Given the slope of the land and minimal impacts on neighbouring properties and the public domain, strict compliance with the Height of Buildings development standard would be unreasonable or unnecessary in this instance.
Compliance with the development standard is unreasonable and unnecessary in the circumstances of the subject proposal. The written request demonstrates that the breach to height would not result in the departure from the building height objectives in relation to privacy/visual physical impacts and to ensure that the development relates to the topography of the subject site. The proposed development appropriately identifies the existing character of the locality by providing for satisfactory building setbacks whilst providing for improved amenity levels of the future warehouse workers of the subject warehouse building.
2. Environmental planning grounds to justifying contravening the development standard.
The requirement in Clause 4.6(3)(b) of the LEP is to justify there are sufficient environmental planning grounds for the variation, requires identification of grounds particular to the circumstances of the proposed development, and not simply grounds that apply to any similar development on the site or in the vicinity.
The applicant has stated that there are sufficient planning grounds to contrive the Building Height development standard as:
· The building elements which are breaching the height standard provide for fire safety, equitable accessibility and weather protection at the rooftop carpark level.
· The variation does not result in additional floor space being created rather these protrusions facilitate the use of the building below.
· It will not result in overshadowing due the nature of the buildings location.
· The glazed treatment of the fire stairs would provide for passive surveillance, articulation and activation to the Sirius Road streetscape.
· There are sufficient environmental planning grounds to justify the contravention of the maximum building height development standard as it promotes good design and amenity of the built environment.
Comment:
The environmental planning grounds to justify contravening the development standard are considered relevant. The applicant has sought to provide for a design which would provide benefits to the future workers of the building whilst minimising any significant impacts externally. The additional height created above the 18m building height standard is due in part to the slope of the land. Reasonable attempts have been made to appropriately design the development to provide for a better planning outcome which is to provide for safe and equitable use of the rooftop carpark area.
A clear or detailed analysis has been made in the submitted Clause 4.6 written justification. The overall impact on the locality has been minimised where possible and the proposal would not adversely impact on the adjoining and surrounding premises. The environmental planning grounds provided are considered satisfactory and are supported. Clause 4.6(3)(b) is considered to be satisfied.
3. Consistent with the zone objectives and objectives of the development standard.
Development consent cannot be granted to vary a development standard unless a consent authority is satisfied that the proposed development would be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.
The applicant has stated that the proposal achieves the relevant objectives of the Building Height standard ensuring that the bulk and scale of the development is compatible with the existing industrial character of the locality.
An assessment against the objectives of building height and the IN2 Light Industrial zone contained within LCLEP 2009 are provided as follows:
Height of Building Objectives
Clause 4.3 (1) provides the following objectives:-
(a) to ensure development allows for reasonable solar access to existing buildings and public areas;
Comment: The development would allow for reasonable solar access to existing buildings and public areas.
(b) to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable;
Comment: There would not contain significant adverse privacy and visual impacts onto the adjoining properties.
(c) to seek alternative design solutions in order to maximise the potential sunlight for the public domain; and
Comment: The development would allow for reasonable sunlight for the public domain.
(d) to relate development to topography
Comment: The site has a considerable slope and the proposal has been appropriately designed which appropriately considers the topography whilst providing for a high amenity industrial development.
In accordance with the above, the development does comply with the LCLEP 2009 objectives for the height control and is supported.
The applicant has stated that the proposed development is consistent with the IN2 zone objectives as the proposed development:
· The form, scale and sizing of the warehouse is sufficient to accommodate a variety of uses.
· The proposed warehouse will result in significant contribution to employment activity within the Lane Cove LGA.
· It is estimated that a total of 290 full time jobs would be created.
· The growth in employment would reinforce Lane Cove West as a viable key industrial centre within the North District.
· The varying sizes of the warehouse and mezzanine units would allow for flexibility of potential tenants.
· The proposed warehouse is consistent with the nature of land uses within the locality.
· The proposed warehouse would not affect the existing café and seating areas near Building F that are being used by majority of workers.
· The proposed warehouse supports and protects industrial land for industrial uses.
· The proposal provides the required 3m landscape buffer as specified in Council’s DCP.
· Landscaping will include a mix of trees, shrubs, groundcover and grasses which would soften and screen the level changes along the Sirius Road elevation.
· The site is located on the western extent of the Lane Cove West Business Park and is well removed from any residential areas.
IN2 Light Industrial Zone Objectives
The IN2 Light Industrial Zone objectives are as follows:
· To provide a wide range of light industrial, warehouse and related land uses.
Comment: The proposal provides warehousing and ancillary office uses to meet the light industrial needs of the Lane Cove LGA. The proposal provides for four large warehouse units with a large mezzanine office space area to allow for reasonable amenity for the occupants with a well-sized rooftop carpark area.
· To encourage employment opportunities and to support the viability of centres.
Comment: The proposal would provide for numerous employment opportunities and a modern industrial building within the Lane Cove West Industrial Precinct.
· To minimise any adverse effect of industry on other land uses.
Comment: The proposed warehouse building would not adversely affect other industrial uses within the locality.
· To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
Comment: The proposal would not prevent other facilities or services from being carried out.
· To support and protect industrial land for industrial uses.
Comment: The proposed building design provides for units in varying sizes to allow for a potential number of tenants to occupy them and would respond to demand for light industrial floorspace.
· To ensure that landscaping is a significant element in development viewed from the public domain and neighbouring properties.
Comment: The proposed landscaping would provide a satisfactory landscaping outcome when viewed from Sirius Road. The proposed landscaping would be a substantial improvement on the current appearance on the subject development site.
· To recognise the close proximity of this zone to adjoining residential areas and seek to mitigate potential conflict between industrial and residential uses.
Comment: The proposal is not adjacent to any residential areas.
In accordance with the above, the development does comply with the LCLEP 2009 objectives for the IN2 Light Industrial zone.
4. Concurrence of the Director General.
The Local Planning Panel can assume concurrence for exceptions to development standards where the variation to the development standard is greater than 10%. The building height variation is more than 10% (19.6%). As the proposal is referred to the Lane Cove Local Planning Panel for determination; concurrence is taken to be assumed should the Panel be satisfied that notwithstanding the above impacts and non-compliances the proposal is acceptable.
5. Conclusion
The objectives of Clause 4.6 are to provide an appropriate degree of flexibility in applying certain development standards and to achieve better outcomes for and from development by allowing flexibility in particular circumstances. The variation to the height standard of LCLEP 2009 is justified and supported in the circumstances of this case. The development would satisfy the objectives of the control despite the non-compliance with the height control. The development satisfies the objectives and the criteria outlined in Clause 4.6. As such, the variation is well founded, it results in a better planning outcome and would be in the public interest.
B. Clause 4.6 Written Request – FSR
A maximum FSR of 1:1 applies to the site under LCLEP 2009. The proposal has a maximum FSR of 1.03:1 (a 3% variation) where a maximum of floorspace of 47,414m² is permitted and a maximum floorspace proposed is 48,647m² (being 1,233m² over). The FSR proposed is the floorspace of the entire industrial estate containing other buildings including the subject warehouse building on the subject site. The applicant has submitted a comprehensive FSR audit sheet of the other existing buildings located within the subject industrial estate.
Clause 4.6 Exceptions to development standards
Clause 4.6 of LCLEP 2009 allows exceptions to development standards. Consent must not be granted for development that contravenes a development standard unless the consent authority has considered and agrees with the written request from the applicant that seeks to justify the contravention of the development standard. This written request must demonstrate compliance with the relevant provisions of Clause 4.6 of LCLEP 2009. These matters are discussed below:
Written request provided by the applicant
The applicant has provided a written request seeking a variation to the development standard with the lodged application. A copy of the request is provided to the Panel (AT4). Under Clause 4.6(3) the applicant is required to demonstrate:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
1. Whether compliance with the development standard would be unreasonable or unnecessary in the circumstances of the case.
The Clause 4.6 variation has argued that it is unreasonable or unnecessary for the same reasons provided under the building height development standard to require strict compliance with the development standard however provided the additional following reasons:
· The proposed two storey warehouse building is to be located within the Lane Cove West Business Park which contains a mix of one and two storey industrial buildings with similar built forms and in similar arrangements.
· The proposed two storey warehouse building is consistent and compatible with the industrial warehouse character of the locality.
· The two storey form, rectangular presentation and general siting of the building is consistent with the long-established character of the locality.
· There is a mixture of setbacks within the estate and the industrial locality which contribute to the overall bulk and scale of buildings within the locality however the proposed setback is compatible with the prevailing street frontage setbacks along Sirius Road.
Comment:
Compliance with the development standard is unreasonable and unnecessary in the circumstances of the subject proposal. The written request demonstrates that the breach to FSR is consistent with the LEP FSR objective to ensure that the bulk and scale of development is compatible with the character of the locality. Clause 4.6(3)(a) is satisfied in this instance.
2. Environmental planning grounds to justifying contravening the development standard.
The applicant has provided the following environmental planning grounds justifications:
· The scale of the building will allow its viable use of an industrial warehouse facility that can flexibly accommodate a range of permitted uses.
· Beyond the open warehouse areas proposed within the building, there will be mezzanine levels which will accommodate ancillary office uses which are fully contained within the building and do not alter the external appearance of the building in any way.
· A nominal reduction in mezzanine levels GFA to achieve strict compliance with the FSR development standard would have no bearing on the proposed form and massing of the building.
· The Lane Cove Local Strategic Planning Statement (LSPS) identifies Lane Cove West Business Park is the largest area of employment land in the Lane Cove LGA and industrial land in Sydney’s North District is in limited supply. Lane Cove Council aims to retain, plan and manage industrial land in Lane Cove West of which only six hectares remain undeveloped. The proposal directly supports this aim by productively using a currently un-utilised site for industrial rurposes contributing to additional employment numbers.
· The proposed FSR will have a negligible impact on the performance of the existing road network.
Comment:
The variation to FSR is in part due to the proposed mezzanine levels and as such would not produce any additional visual, bulk and scale impacts. The use of these large mezzanine areas would provide a beneficial use to the main warehouse operation by providing better utilised office floor space and offer better amenity to the occupants without adversely impacting on surrounding buildings or industrial operations. Given the existing footprint of the building and together with the minimal impacts on neighbouring properties, strict compliance with the FSR development standard would seem unreasonable in this instance.
The requirement in Clause 4.6(3)(b) of the LEP to justify that there are sufficient environmental planning grounds for the variation, requires identification of grounds particular to the circumstances of the proposed development, and not simply grounds that apply to any similar development on the site or in the vicinity.
The environmental planning grounds to justify contravening the development standard are considered relevant and justify the case. A clear or detailed analysis has been made in the submitted Clause 4.6 written justification. The environmental planning grounds provided are satisfactory. Clause 4.6(3)(b) is satisfied.
3. Consistent with the zone objectives and objectives of the development standard.
Development consent cannot be granted to vary a development standard unless a consent authority is satisfied that the proposed development would be in the public interest because it is consistent with the objectives of the standard and the objectives for development within the zone in which the development is proposed to be carried out.
The applicant has stated that the proposal achieves the relevant objective of the FSR development standard ensuring that the bulk and scale of the development is compatible with the existing character of the industrial locality.
An assessment against the objectives of FSR and the IN2 Light Industrial zone contained within LCLEP 2009 are provided as follows:
FSR Objective
Clause 4.4(1) provides the following objective:-
(d) to ensure that the bulk and scale of development is compatible with the character of the locality.
Comment: The additional 1,233m² floor space created would not contribute to unnecessary bulk and scale to the overall building and in turn would not adversely affect the character of the locality whilst providing a good planning outcome with provision of large and useable warehouse/mezzanine office space for instance.
In accordance with the above, the development complies with the LCLEP 2009 objective for the FSR control and is supported.
The applicant has provided the same justifications as to why the proposed development is consistent with the IN2 Light Industrial zone objectives under the the proposed Building Height standard variation and further above in this FSR discussion section of this report.
R4 High Density Residential Zone Objectives
See the IN2 Light Industrial zone objectives discussion above under the Building Height Clause 4.6 written request section of this report.
In accordance with the above, the development complies with the LEP 2009 objectives for the IN2 Light Industrial zone.
4. Concurrence of the Director General.
The Local Planning Panel can assume concurrence for exceptions to development standards where the variation to the development standard is greater than 10%. In this instance the variation is less than 10% (3%). Regardless, as the proposal is referred to the Lane Cove Local Planning Panel for determination; concurrence is taken to be assumed should the variation be supported by the Panel.
5. Conclusion
The objectives of Clause 4.6 are to provide an appropriate degree of flexibility in applying certain development standards and to achieve better outcomes for and from development by allowing flexibility in particular circumstances. The variation to the FSR standard of LCLEP 2009 is justified and supported in the circumstances of this case. The development would satisfy the objective of the control despite the non-compliance with the FSR control. The development satisfies the objectives and the criteria outlined in Clause 4.6. As such, the variation is well founded, results in a better planning outcome and would be in the public interest.
(ii) Any proposed instrument (Draft LEP, Planning Proposal) |
Draft Remediation of Land SEPP
The Draft Remediation of Land SEPP was subject to public exhibition between 31 January and 13 April 2018. The Draft SEPP maintains the overarching objectives being to promote the remediation of land to reduce the risk of potential harm to human health or the environment. The new draft measures primarily relate to scenarios where more complex remediation/ongoing management is required, and the certification of remediation works undertaken as development not requiring consent.
Whilst a preliminary site investigation had occurred, the subject site has been used for industrial purposes for years and would be adequate in this instance to address the requirements of the draft SEPP to require the applicant to submit of a Hazardous Materials Survey (HMS) prior to demolition and a Detailed Site Investigation (DSI) post demolition as conditions of consent. The proposal is consistent with the Draft Remediation of Land SEPP.
(iii) Any development control plan |
Lane Cove Development Control Plan (DCP) 2010
The proposal has been assessed with against the relevant provisions of Part E as detailed in the following table:
Provision |
Control |
Proposed |
Complies |
E.4 Site Layout |
Total GFA used for ancillary office not to exceed 49% of development
Design to minimise amenity impacts on residential areas in close proximity
Internal spaces to be designed to satisfy operational requirements and provide a safe and convenient work environment
Floor space to distributed to ensure a building of an appropriate bulk and scale
Rights of way encouraged to contribute to a pedestrian network throughout the industrial area |
A total of 8,189sqm of warehouse space and 2,853sqm of mezzanine office space are proposed.
2,853m²/11,042m² = 25.8%
No nearby residential areas
Internal spaces have been designed to Australian Standards and provide loading docks, amenities, waste facilities and office areas.
The building has been designed to respond to the slope of the site with appropriate justifications provided for variations to building height and FSR.
Any existing rights of way are to be maintained and pedestrian access within the development is easily identifiable. |
Yes |
DCP Control |
Proposed |
Complies |
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PART E – Industrial Development |
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5E Building Setbacks |
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a) Setbacks are to comply with the following table: |
|
|
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* Zero side and rear setbacks may be permitted where deep soil/landscaping provisions are met elsewhere on the site, BCA fire regulations are met and merit issues are deemed acceptable in relation to adjacent properties. |
Building: Min 8m to Sirius Rd
Landscaping: Min. 3m Sirius Rd
Setbacks compliant to adjoining industrial zone boundaries
Northern boundary adjoining SP2 Infrastructure (electricity) zone – nil ramp, hardstand and part building setback
|
Yes
Yes
No, however the nil setback is supported as it would not be inconsistent with other existing side setbacks of other buildings on the subject site and within the locality |
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b) Landscaping strips are to be free from overhangs; hard elements such as paths, ramps, substations; fire hydrant boosters (where possible); signs and advertising structure (including pole signs). Landscaping strips may be used in calculation of landscaped area. |
Landscape strips largely free of such elements |
Satisfactory |
||||||||||||
c) All front setbacks are to be landscaped to provide a high- quality street presence. Front setback areas must not be used for storage or display of goods or excessive signage, loading/unloading or large areas of car parking. |
Front setbacks provide high-quality landscaping |
Yes |
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d) Underground parking is to be situated underneath the building footprint and hard surfaces. The building setback is inclusive of the required landscaping strip as stipulated in the Setback Table. |
No basement parking proposed |
N/A |
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e) Corner Sites: New development on sites that have a corner frontage is to provide an 8 metre front setback to the main street/road and a minimum 4 metre setback to the secondary road/street |
This part of the development is not located on a corner |
N/A |
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E.6 Cut and Fill |
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a) All development is to relate to the existing topography of the land at the time of the adoption of this DCP. |
Cut and fill proposed responds to the topography of the site. |
Yes - satisfactory amounts of cut and fill proposed. |
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b) Excavation for major development is to be contained within the footprint of the development and hard surfaces. |
Cut is predominantly contained within the building footprint. |
Yes - satisfactory amounts of cut proposed. |
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c) For development within Centres, Council may consider full site coverage for underground excavation and podium footprints where it is demonstrated that mature landscaping, landscaped area and rainwater retention is able to be provided as roof terraces on podium structures. |
Satisfactory excavation proposed where it would be kept away from existing trees and proposal to have an appropriate drainage/ engineering outcome subject to conditions |
Yes |
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d) Uses at ground level are to respond to the slope of the street by stepping frontages and entries to follow the slope. |
Ground uses response to the slope of the street |
Yes |
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E.7 Building Design and Appearance |
||||||||||||||
New construction is to achieve both functional and visually attractive buildings. |
The proposal represents a building of an appropriate bulk and scale within the industrial context of the site and external facades are articulated to break up the visual bulk of the building. |
Yes |
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a) Through careful site arrangements new building works should: I. Address the street with any non-industrial aspects (i.e. office section) of the development. II. Avoid long blank walls of warehouse units facing the street or public domain and long unbroken roof lines. If unavoidable, use of single material and colour should be avoided. III. Rear boundary walls are to be treated aesthetically. IV. Provide regular articulation to the façade or division of massing. |
Office faces Sirius Road
Blanks walls avoided
Rear wall to attach an existing building Appropriately articulated |
Yes |
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b) New buildings are to be designed to: I. Express the structure of the building through creative architecture and minimise use of reflective glass or large blocks of one material. II. Visually reinforce entrances, office components and stair wells of units to create rhythm on long facades and a reduction of perceived scale. Strongly express structural bays and bracing. III. Provide variation of unit design within industrial unit developments. IV. Introduce solid surfaces, with a mix of materials; incorporate horizontal and vertical modulation including windows in appropriate proportions and configurations. V. Address all streets to which it presents. |
Achieved
Entrance reinforced
Variation achieved where possible
Achieved
Addressed to street
|
Yes |
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c) Where blank walls on street frontages are unavoidable in new development they are to be treated as sculptural elements minimising bland streetscapes. They are to be finished to a high standard and minimise the potential for graffiti or other vandalism. |
There are no blank walls |
Yes |
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d) All rooftop or exposed structures including lift motor rooms, plant rooms, etc., together with air conditioning, ventilation and exhaust systems, are to be integrated with the building design in order to ensure interesting and high-quality appearance. |
Appropriately integrated |
Yes |
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e) Corner Sites: New development on corner sites is to address both street frontages in terms of facade treatment, fenestration and articulation of elevations. |
N/A |
N/A |
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E.8 Parking and Vehicular Access |
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a. Parking is to be integrated into the site planning and must be visually mitigated by minimum 3m landscape strip along the frontage and other high-quality landscaping. |
Parking has been integrated into design of the building being on the rooftop and provided on-site. |
Yes |
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b. Separation is to be provided between service areas (i.e. loading and unloading areas) and parking. Service areas to be located and designed to facilitate convenient and safe usage. |
Loading bays are provided for each warehouse unit and accommodates large rigid vehicles in accordance with the Australian Standards. |
Yes |
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c. Access/Driveways- Vehicular movements to and from the site should be designed to reduce potential conflict with street traffic and pedestrians. |
Potential conflicts reduced where possible |
Yes |
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d. Driveway width in front of the building line must be minimised. |
Appropriate widths provided |
Yes |
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e. Car parking areas are to be broken up by canopy trees between car parking bays to reduce their visual impact. Car parking areas are not to be exposed to the street and where they adjoin other uses they are to be screened with landscaping to reduce their impact. |
There would be no significant adverse visual impacts on Sirius Road and to adjoining premises with the provision of a rooftop car park |
Yes |
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f. All vehicles should enter and leave the site in a forward direction. |
Appropriate turning bays provided to allow for vehicles to enter and exit the site in a forward direction. |
Yes |
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g. No tandem parking facilities will be accepted for new developments. |
Satisfactory parking arrangements provided for |
Yes |
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h. Preferably, off-street parking is to be provided behind or at the side of buildings and away from street frontages. |
Rooftop carparking provided for |
Yes |
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i. Visitor car parking is to be located close to the office component of the development. |
Appropriately located |
Yes |
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j. Loading docks should be positioned so they do not interfere with visitor and employee parking spaces and to ensure delivery vehicles do not stand on any public road, footway, laneway or service road. |
Loading docks separated from private vehicles |
Yes |
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k. Proposed parking areas, truck docks, driveways, vehicular ramps and turning areas are to be maintained clear of obstruction and used exclusively for purposes of car parking, loading or unloading and vehicular access respectively. Under no circumstances are such areas or any portion thereof to be used for the storage of goods and waste materials. These areas are to be physically line marked and are to be maintained free of obstruction, for the sole use of delivery vehicles. |
Achieved |
Yes |
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l. Motorcycle parking spaces are to have an area of 1.2m x 3m. |
Appropriate spaces provided for |
Yes |
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E.9 Landscaping |
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a) A minimum of 20 % of the site shall be provided as landscaped area. |
7,137m² (15%) landscaped area
|
No, however acceptable non-compliance as the landscaping outcome would be satisfactory along the Sirius Road frontage where the new warehouse building would be located and the remaining landscaped areas elsewhere on the estate would largely remain. |
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b) In addition, a minimum of 10% of the site shall be provided and maintained as landscaped area or planting on structures, with lawns, trees, shrubs, for aesthetic purposes and the enjoyment of workers of the site. The minimum width for inclusion in calculations is 1.0m. |
No further on-built landscaping structures are proposed to the minimal already on-built landscaping structures built elsewhere within the estate
|
No, however acceptable non-compliance as the landscaping outcome would be satisfactory as the design of the development would not be inconsistent with the design of the existing estate. |
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c) All car parking areas are to be landscaped so as to break up large expanses of paving and cars. Landscaping shall be provided around the perimeter and between aisles and every 10 car spaces plus along pedestrian access routes. Contrasting finishes shall be used to break up large sections of paving and to delineate pedestrian areas, entries or car parks. Porous paving should be utilised wherever possible. |
Not provided on the rooftop carpark area
|
No, however acceptable non-compliance as the landscaping outcome would be satisfactory as the design of the rooftop carpark would not be inconsistent with other existing rooftop carparking areas within the estate. |
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d) Planter beds along the building façade are encouraged. |
Landscaping along the façade is appropriate |
Satisfactory |
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e) All unbuilt-upon areas of a site are to be landscaped to soften the impact of buildings and car parking areas. |
Achieved along the frontage of the development site |
Yes |
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f) Landscaping in the public domain should promote a cohesive landscape setting. Development is to provide street tree planting to match existing or to Council requirements, grasses, shrubs and accent planting or any combination of these. |
Existing street trees are to be remain and to match the proposed landscaping of the development site |
Yes |
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g) Storage areas and other potentially unsightly areas must be effectively screened from adjacent properties. |
Achieved |
Yes |
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h) Landscaping within setback areas should be of a similar scale to buildings on the industrial site. All landscaped areas are to be separated from vehicular areas by means of a kerb or other effective physical barriers. |
A wide front landscaping setback to Sirius Road is achieved and appropriately separated from such elements |
Yes |
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i) In open parking areas at ground level, 1 shade tree per 10 spaces should be planted within the parking area. |
Rooftop parking is provided for |
No, however see discussion on variation to landscaping |
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j) A continuous landscaped buffer strip shall be provided between the driveway and side boundary. The buffer strip shall be a minimum of 2 metres, increasing to 3 metres where adjoining a residential land use. The buffer strip shall contain a mix of tall screen planting and plants with foliage at the ground level. Driveways central to the site shall be planted with avenue trees. |
Not entirely achieved in this instance – see discussion on the side setback variation being proposed |
No, see discussion on side setbacks for further detail |
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k) Parking and circulation areas are to be delineated by planter beds at the ends of parking bays. Planter beds shall be a minimum width of 1.5 m surrounded by a 150mm concrete kerb and shall contain both trees and shrubs. |
Rooftop car parking provided for |
No, however see discussion on variation to landscaping |
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E.10 Fences |
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a) All fencing along street frontage is required to be permeable metal palisade or picket finished in a suitable colour - dark colours are preferable. Maximum height allowed is 1.2 metres on street frontages. |
No new fencing proposed |
N/A |
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b) Taller fencing should be behind the building line for security. However, security fencing may be considered forward of the building line (behind the front landscape strip) if required for specific industrial uses. |
No new fencing proposed |
N/A |
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c) Chain wire is permitted only on the side and rear boundaries adjoining industrial developments, commencing at the front building alignment. All chain wire fencing is required to be black PVC coated. |
No new fencing proposed |
N/A |
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d) If the side or rear boundary faces a side or rear boundary of a residential premises, a timber paling/colorbond fence (commencing at the front building alignment) is allowed along with acoustic fencing with planting. |
N/A |
N/A |
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e) Masonry retaining walls, if located along a street frontage are restricted to 600mm in height, where possible. |
The proposed front masonry wall is appropriately designed taking into consideration the slope of the land and the scale of the proposed building |
Satisfactory |
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f) Solid metal panel fences (sheet metal or similar) of any height are not permitted along the street frontage or in front of the building alignment. |
No new fencing is proposed |
Yes |
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Locality 1 – Land off Sirius Road This Clause applies to Lot 2 DP 884454 (formerly part of Lot 1 DP 546860) Sirius Road, West Lane Cove – N/A |
Side Setbacks
Council’s Industrial DCP Part E.5(a) – Building Setbacks requires a minimum building side setback of 4m and a minimum 2m landscaped setback to adjoining non-industrial uses. It is noted that a nil setback is allowed if the side setback adjoins an industrial zone and may be allowed and where deep soil/landscaping provisions are met elsewhere on the site, BCA fire regulations are met and merit issues are deemed acceptable in relation to adjacent properties. A nil ramp, hardstand and part building setback for warehouse 2 is proposed to the northern boundary which is zoned SP2 Infrastructure (electricity) zone which contains an existing high-power testing facility.
LEVEL 1 NIL NORTHERN BOUNDARY SIDE SETBACK
MEZZANINE NIL NORTHERN BOUNDARY SIDE SETBACK
LEVEL 2 RAMP NIL NORTHERN BOUNDARY SIDE SETBACK
The relevant DCP objectives are as follows:
1. To minimise the impact of development and buildings on the surrounding area.
2. To create a pleasant environment within and external to the site through adequate landscaping. 3. To provide landscape to the street.
The proposed variation is satisfactory in this instance as it would not be inconsistent with other existing side setbacks of other buildings on the subject site in particular the existing building adjoining the same SP2 zoned site along the northeastern boundary and further away within the locality. The proposed ramp would replace the existing ramp along the northern boundary and warehouse 2 would be below the existing ground levels of the high-power testing facility site which would have a significant visual impact. The upper level warehouse would comply with the minimum 4m side setback requirement achieving a minimum setback of 11m.
To be discussed in further detail below, it is considered that an appropriate deep soil/landscaping outcome has been achieved for the subject site and the proposed reduction in side setbacks are appropriate in this instance as there would be satisfactory located elsewhere. The proposed warehouse building would have considerable building separation with the existing buildings on the adjoining site as the nearest building is set back well away from the boundary which would not cause any adverse BCA fire regulations issues. On merit, the proposed setbacks of the proposed warehouse are supported as it would not adversely impact on the current operation of the high-power testing facility.
Landscaping
DCP Part E.9 - Landscaping (a), (b) & (c) requires a minimum 20% of the site to be landscaped, an additional minimum 10% of on-built landscaping structures for enjoyment of workers to be provided and landscaping to be provided around the perimeter of a carpark area including between every 10 spaces.
A total of 7,137m² (15%) landscaped area are proposed within the entire estate and no further on-built landscaping structures are proposed to the minimal already on-built landscaping structures built elsewhere within the estate. No landscaping is provided on the rooftop carparking area.
EXISTING AND PROPOSED LANDSCAPED AREAS WITHIN EXISTING INDUSTRIAL ESTATE
The relevant DCP objectives are as follows:
1. To improve the environmental amenity of industrial areas.
2. To screen unsightly land uses and open storage areas and provide buffers between industrial development and other land uses, especially residential.
3. To provide pedestrian linkages to surrounding streets on larger sites and through other sites to link with existing pedestrian networks.
4. To provide recreation areas for workers in larger developments.
5. To retain and provide for significant vegetation, particularly large and medium sized trees.
6. To conserve significant natural features of the site and contribute to effective management of biodiversity and to provide continuous vegetation corridors.
7. To encourage the planting of indigenous, native and low water consuming plants and trees.
8. To assist with on -site stormwater management.
The proposed variation is satisfactory in this instance as the landscaping outcome would be satisfactory along the Sirius Road frontage where the new warehouse building would be located and the remaining landscaped areas elsewhere within the estate would largely remain. The proposed landscaping to Sirius Road would be of a high quality which would contain large trees and dense shrubbery. The level of landscaping within the estate is appropriate and consistent with the industrial character of the locality. The landscaping beneath the proposed passenger vehicles ramp from Woodcock Place is largely proposed to be retained as an external breakout area for workers within the estate. All trees within this area would be retained.
In addition, there is currently an area where most employees use the internal and external seating areas at the rear of Building F where the estate’s cafeteria is located. This seating area is the best located recreational area as it is located next to the café’s and has views to Blackman Park. It is considered that there are adequate recreational areas for workers already provided on the subject site which meets the DCP objectives has been provided. The design of the rooftop carpark would not be inconsistent with the design of other rooftop carparking areas within the subject estate and would not be visible from the public domain including adjoining industrial uses.
The proposed level of landscaping for the subject site is satisfactory in this instance and not be contrary to the abovementioned objectives.
Part N – Signage and Advertising
The subject Development Application has been assessed against the objectives and controls of Council’s signage DCP as detailed below:
Aims and objectives
(i) Aims
In summary the provisions of the DCP seek to ensure the character of buildings and streetscapes are consistent with Council’s desired future outcomes, whilst its purpose is to encourage well designed and located signs which contribute positively to the diversity and viability of businesses in Lane Cove.
The relevant DCP objectives are:
a) To permit signage and advertising which is consistent with the desired future character of Lane Cove;
b) To permit signage and advertising which is consistent with the streetscapes of each precinct in Lane Cove;
c) To ensure that signage and advertising is consistent with the provisions of this DCP;
d) To encourage signage and advertising which is complementary to the use and architecture of buildings in Lane Cove;
e) To ensure that the amenity of residential development is not adversely affected by signage and advertising in Lane Cove;
f) To ensure all signage includes wording, symbols and logos of a suitable nature;
g) To promote well designed and located signage which contributes to the diversity and viability of businesses and activities within Lane Cove;
h) To ensure that all signage and advertising achieves a high level of design quality and does not detract from the visual quality of the public domain of Lane Cove.
The proposed signage satisfies these aims and objectives because:
· the design and size of the signs would respect and enhance the immediate local industrial character;
· the signage appropriately informs users of the business type and location and therefore would better promote the proposed warehouse development when constructed; and
· the level of signage in context to the site would be acceptable. It would be appropriately located and not result in visual clutter or adverse amenity impacts.
2.1.3 Location and Design of Signage and Advertising
DCP Control |
Proposed |
Complies |
N. 2.1.3 Location and Design of Signage and Advertising |
||
a) ensure the façade of a building is not cluttered with signage and that the portion of any building above an awning is generally free. |
The proposed signage on the building would not result in clutter – see further discussion below for further details |
Yes |
b) that signage is well designed, complementary to the architecture on which the signage is to be erected, in terms of materials, finishes, colours and ensure that architectural features of a building are not altered or obscured. |
The proposal has been designed to be integrated into the proposed warehouse development. |
Yes |
c) consideration of existing signage on a building, land and streetscape to ensure that the new signage does not result in visual clutter or overcrowding of signage. |
The signage would not add to visual clutter and its impact on other existing signage, buildings, the subject site and on the streetscape has been considered. |
Yes |
d) consideration of the viewing angles of signage, visibility from the street level and nearby buildings. |
The signage would be sited to ensure safe visibility of the content of the signage to promote and protect motorist safety. |
Yes |
e) that proposed signage does not unduly obstruct viewing angles to existing approved signage. |
Achieved |
Yes |
f) signage which is supported from, hung from or placed on other signs will not be supported. |
N/A |
N/A |
g) All proposal must detail the contents of the signage and advertisements in English, regardless of other content/languages used. |
The final contents of the signage could comply. |
Yes |
h) where a logo is sought as part of a sign or advertisement in addition to the written component (as part of the contents), it will be necessary to demonstrate the need for the logo. |
The final contents could comply. |
Yes |
i) whether proposed signage is appropriate in relation to the desired future character of the precinct in which it is proposed to be located, see Section 2.2 ‘Character Statements’ |
The signage would be installed in connection to the proposed warehouse building. The signage is appropriate in the current setting. |
Yes |
2.2 Character Statements
The proposed signage is located within the Lane Cove West Business Park character statement which states the following:
2.2.5 Lane Cove West Business Park
Lane Cove West Business Park is characterised by low-rise industrial development with warehousing and light manufacturing capabilities. More recently, modern ‘industrial park’ developments have been built, with multiple tenancies and a clean high-tech character. Signage in the Lane Cove West Business Park should be consistent with the evolving business park style and scale of development and should be consistent with the scale of the development to which it relates. Minimal signage is necessary for business parks, as signs serve as directional assistance and convey the location of tenancies for users with direct dealings with the relevant business.
It is considered that the proposal would not be inconsistent with the objectives of the character statement as the proposed signage overall would be suitable to the modern high-quality design nature of the proposed development and would be of a suitable scale to the proposed building involved, the size/orientation and the long street frontage of the subject site.
Part N3.2.4 – Above Awning Signage (Lane Cove West Business Park) the requires the following:
Industrial buildings generally do not incorporate awnings into their design. Signage above ground floor level is appropriate for industrial zones where it is business identification signage, with a maximum of one sign per building permitted above ground floor level.
The proposed signage includes more than one sign above the ground floor.
The relevant DCP objectives are as follows:
1 To permit consistent and orderly above awning signage which contributes to the streetscape.
2 To minimise visual clutter.
3 To permit high quality above awning signage.
4 To complement building form.
The proposed variation is appropriate in this instance for the following reasons:
· The scale of the Sirius Road frontage being approximately 80m mitigates any potential visual clutter.
· The scale of the warehouse building is substantial given the nature of the use and the size of the subject site.
· The number of potential uses requires more than one business identification sign.
· There would be no sensitive receivers involved and would have no significant adverse impacts.
· The signage would be of high quality in design and would have no significant adverse streetscape impacts.
Further, Part N3.5 – Pylon, Plinth and Pole Signage requires the following:
Pylon/plinth signs are a useful form of business and building identification in business parks. One pylon/plinth signs per tenancy is permitted in the Lane Cove West Business Park. It is encouraged that the pylon sign reflects the scale of the building to which it relates and therefore the maximum permitted height is 8m.
The DCP restricts the width of the pylon sign to a maximum of 1.6m.
There are two pylon signs proposed and the maximum widths of the signs are 1.6m and 2m. It noted that both signs comply with the maximum 8m height control.
The relevant DCP objectives are as follows:
1. To ensure tenancies removed from the street can sufficiently identify the location of their business.
2. To permit signage that reflects the size of the building to which it relates.
3. To allow high quality pylon/plinth signage.
4. To allow uninterrupted pedestrian movement along footpaths.
5. To enhance and contribute to the amenity of streetscape.
The proposed variations are appropriate for the following reasons:
· The separation of the signs is 40m mitigating any potential visual clutter from having two pylon signs.
· Each pylon sign serves a different purpose with one indicating the tenancies and the other for building/estate identification purposes.
· The height and scale of the signs responds to the changing street wall height due to the fall along Sirius Road.
· They do not obstruct pedestrian movement along the footpath.
· An additional high-quality pylon sign would add visual interest to the Sirius Road streetscape.
· There would be no sensitive receivers involved and would have no significant adverse impacts.
The proposed signage for the proposed warehouse is satisfactory and would not be contrary to the DCP objectives.
Part R – Traffic, Transport and Parking
Clause |
DCP |
Proposed |
Complies |
Table 1 – Car parking rates
Industry |
1 per 300m² of warehouse area Requires = 8,189m²/300m² = 28 spaces
1 per 60m² of ancillary office Requires = 2,853m²/60m² = 48 spaces
1 disabled space per 50 car spaces (min. 1 disabled space Requires 1 accessible space |
Total required = 76 spaces
124 spaces are provided including 3 accessible parking space |
Yes – subject to a condition of consent |
It is noted that the reconfiguration of the rooftop carpark area to Building D results in a loss of 13 spaces. The proposed 124 spaces would be in excess to the total 89 parking numbers required by 35 spaces as the carparking on top of the new building and Building D would be shared by a new ramp link. The proposed carparking numbers and arrangements are satisfactory in relation to the requirements of the DCP.
(iiia) Any planning agreement that has been entered into or any draft planning agreement that has been offered to enter into |
There are no known VPA’s that have been entered or proposed by the applicant or owners of the land.
(iv) The regulations (to the extent that they prescribe matters for the purposes of this paragraph) |
The relevant matters of the regulation have been addressed.
(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality |
The impacts of the development have been considered and it is considered that it would not adversely impact the locality. As discussed in greater detail above in this report, the proposed warehouse development would provide substantial economic gains whilst not containing significant adverse impacts onto surrounding properties.
(c) The suitability of the site for the development |
The site suitability is acceptable having regard to the nature of the proposed warehouse uses involved and with the industrial character of the subject site.
(d) Any submissions made in accordance with this Act or the regulations |
The proposal was notified in accordance with Council policy and no submissions were received.
(e) Public Interest |
The proposal would be in the public interest based on the reasons provided above in this report.
In accordance with Council’s Section 94 Plan, Section 7.11 Contributions are applicable to an industrial development at a rate of $45.42 per m² of GFA and to commercial (office) development at a rate of $139.29 per m² of GFA (2021/2022 Fees & Charges Schedule).
In this regard, the following Section 94 Contributions are payable:
· 8,189m² (GFA) x $45.42 = $371,944.38.
· 2,853m² (GFA) x $139.29 = $397,394.37.
· Total: $769,338.75.
A relevant Section 7.11 Contributions condition is recommended to be imposed.
Development Engineer
Council’s Development Engineer has assessed the proposal raises no objections subject to the imposition of conditions. The proposed site is in Mid Lane Cove River sub catchment and not in OSD exemption area. The overall site is situated between Lincoln Street and Mars Road and sloping towards the intersection of Sirius Street and Lincoln Street by approximately 12.0m fall. The driveway cross section provided with this application complies with the DCP. The stormwater concept plan provided with this application generally complies with the DCP, but few amendments are required as detailed below and have been conditioned. A gross pollutant trap has been conditioned to be added to the proposed development.
By assessing the submitted documents and plans, the following engineering requirements are required for driveway and stormwater issues and are conditioned accordingly.
Stormwater plan amendment : Required
Pipe Diversion : Required
Stormwater pit reconstruction : Required
Driveway cross section : Required
Inspection by Council’s Engineer: Required
Replace redundant driveway : Required
Footpath adjustment : Required
Dilapidation report : Required
Erosion and sediment control : Required
Damage Bond : Required
Structural design : Required with excavation involved
Retaining wall : Required
CCTV report : Required
Completion certificates : Required
The upgrade of Council’s infrastructure adjacent the site and the proposed new driveway have been conditioned.
Tree Assessment Officer
Council’s Tree Assessment Officer has visited the site, reviewed the proposal and raises no objections subject to the imposition of conditions. The subject trees on site will be subject to tolerable levels of development impact providing they are managed correctly during the works.
Landscape Architect
Council’s Landscape Architect has reviewed the proposal and raises no objections subject to the imposition of standard landscaping including tree protection conditions.
Environmental Health
Council’s Environmental Health Officer has reviewed the proposal and is satisfied that the site can be suitable for the proposed light industrial use, and appropriate waste and environmental health conditions are recommended to be imposed to include requiring submission of a Hazardous Materials Survey (HMS) prior to demolition and a Detailed Site Investigation (DSI) post demolition.
Traffic Engineer
Council’s Traffic Engineer has reviewed the proposal and raises no objections to the development with respect to traffic and parking arrangements, subject to the imposition of conditions.
Community
Council’s Community Manager has reviewed the proposal and raises no objections to the development with respect to accessibility arrangements, subject to the imposition of recommended draft conditions.
NSW Police
NSW Police has reviewed the proposal and raises no objections to the development with respect to safety by design arrangements, subject to the imposition of recommended draft conditions.
Roads and Maritime Services (RMS)
The proposal was referred to Transport for NSW (TfNSW) for comment as it is a traffic generating development under State Environmental Planning Policy – Infrastructure 2007. The TfNSW has reviewed the proposal and raises no objections to the development with respect to traffic generation arrangements.
Rural Fire Service (RFS)
RFS has reviewed the proposal and raises no objections to the development with respect to bushfire impacts subject to conditions.
CONCLUSION
The matters in relation to Section 4.15 of the Environmental Planning and Assessment Act 1979 have not been satisfied. The proposed warehouse development is not compliant with the numerical standards within LCLEP 2009. The submitted Clause 4.6 written requests for breaches to Building Height and FSR however are considered satisfactory and well-founded as detailed in this report. The proposed warehouse building is considered compatible with the local industrial character without having significant adverse impacts onto surrounding properties.
The proposed development has DCP non-compliances with side setback, minimum landscaped areas and relevant signage controls. The development has an adequate nil side setback to the northern boundary which would provide for reasonable building separation with the adjoining development and would not contain significant adverse visual impacts. The subject development would achieve a reasonable landscaped outcome when viewed from the street and more internally within the existing estate which would predominantly maintain existing landscaped areas for the continued enjoyment of workers within the estate. The level of signage proposed is satisfactory as it would provide for visual interest to the Sirius Road streetscape, would be adequately able to identify the future tenants and avoids unnecessary clutter.
The proposal was notified in accordance with Council policy and no submissions were received.
It is considered that the proposal as submitted involves for a reasonable built outcome which is consistent with the existing built form in the locality. The proposed development would satisfy the employment needs of the Lane Cove West Industrial Precinct and would continue to maintain relevant amenity objectives to surrounding developments.
The Development Application is recommended for approval subject to conditions of consent.
That the Lane Cove Planning Panel approve the proposed variations to the Building Height and FSR development standards in Clause 4.3(2) & 4.4(2) in Lane Cove Local Environmental Plan 2009, as the applicant’s written request does adequately address the matters required to be demonstrated. The proposed development would be in the public interest because it is consistent with the objectives of the particular standards, the objectives for development in the zone and there are sufficient environmental planning grounds to justify the variations.
The Lane Cove Local Planning Panel, in exercising its duties as the consent authority, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, approve the subject Development Application DA43/2021 for the warehouse building development on land at No. 16 Mars Road Lane Cove West subject to the following conditions:-
1. That the development be strictly in accordance with Drawing Nos. DA100, 200 & 202 Revision 11, DA204 Issue 10 dated 15.06.21, DA203 & 300 Issue 10, DA101 Issue 1, DA201, 400 & 601-602 Issue 9, DA603 Issue 5 dated 16.03.21 prepared by SBA Architects and L-01-05E dated 29/07/21 prepared by SiteDesign+Studios.
except as amended by the following conditions.
In the event of any inconsistency between the approved plans and the supporting documentation, the approved plans prevail. Note: an inconsistency occurs between an approved plan and supporting documentation or between an approved plan and a condition when it is not possible to comply with both at the relevant time.
Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.
2. No external cladding is permitted.
3. The hours of operation on the development are restricted to the following:-
Monday to Friday (inclusive) 5.30am to 9pm Saturday to Sunday 5.30am to 5pm No work to be carried out on any public holidays.
4. The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.
5. All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.
A Completion Certificate is to be issued by either the Principal Certifier or a qualified accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed for the building PRIOR TO THE ISSUE OF A FINAL OCCUPATION CERTIFICATE.
6. 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.
7. An Occupation Certificate being obtained from the Principal Certifier before the occupation of the building.
8. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing Coordinator. Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.
Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to the Principal Certifier prior to occupation of the development/release of the plan of subdivision.
9. All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-
Monday to Friday (inclusive) 7am to 5.30pm High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.
Saturday 8am to 12 noon with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to fully comply will result in the issue of a breach of consent P.I.N. Sunday No work Sunday or any Public Holiday.
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.
10. 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.
11. 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.
12. No goods or waste being stored externally to any warehouse unit.
13. 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.
14. 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.
15. The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.
16. 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) 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) Stormwater drainage lines prior to backfilling. f) Completion.
17. Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-
b) retaining walls; c) footings; d) reinforced concrete work; e) structural steelwork; f) framing.
18. 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.
19. 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.
20. The demolition works being confined within the boundaries of the site.
21. All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.
22. The site being properly fenced to prevent access of unauthorised persons outside of working hours.
23. Compliance with Australian Standard 2601 - The Demolition of Structures.
24. An approved type of hoarding being erected along the street frontage.
25. Compliance with the Waste Management Plan submitted along with the application.
26. 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.
27. 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.
26. THE PAYMENT OF A CONTRIBUTION OF $769,338.75 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES. THE CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. NOTE: PAYMENT MUST BE IN BANK CHEQUE. PERSONAL CHEQUES WILL NOT BE ACCEPTED.
THE CONTRIBUTION IS BASED ON 8,189SQM (GFA) AT THE CURRENT CONTRIBUTION RATE (2021-2022) OF $45.42 SQM OF ADDITIONAL INDUSTRIAL FLOOR SPACE AND ON 2,853SQM (GFA) AT THE CURRENT CONTRIBUTION RATE (2021-2022) OF $139.29 SQM OF ADDITIONAL OFFICE FLOOR SPACE.
THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.
29. NSW Police Force Requirements: The development shall be carried out in accordance with the following: · The site will need to be clearly identified through a business name and street number and be visible from the street. This will enable all emergency services to locate the premises. · Appropriate signage is to be erected inside and around the perimeter of the building to warn of security treatments in place e.g. “This site is under 24 video surveillance”. · The front windows of the business are to remain free of clutter and promotional material so as not to restrict sightlines into and out of the premises. · All staff areas are to be clearly marked as such and physical barriers such as doors and gates are to be erected to prevent unauthorized entry. · Staff is to be provided with a secure area in which to store their personal effects whilst working. · Lighting in and around the proposed development should comply with Australian Standard AS:1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high or low pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from staff only areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) is to be designed to reduce opportunities for malicious damage. Internal after hours security lighting is to provide adequate illumination to allow inspection by security patrols. · Lighting needs to be positioned in a way to reduce opportunities for offenders to commit crime i.e. vandalism and graffiti. The lighting will also need to be sufficient to support images obtained from any CCTV footage. Please note that some low or high pressure lighting is not compatible with surveillance systems. · Doors is to be of solid construction and should be fitted with quality deadlock sets that comply with the Building Code of Australia and Australian Standards – Lock Sets AS:4145. · Windows within the businesses is to be of solid construction. These windows is to be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS:4145. Glass within doors and windows are to be reinforced to restrict unauthorised access. The glass can be either fitted with a shatter-resistant film or laminated to withstand physical attacks. · An electronic surveillance system is to be included to provide for maximum surveillance of all areas of the warehouse including entry/exits and areas where cash is either kept or handled. Cameras is also to cover public footpath areas around the premises. The system should be capable of recording high-quality images of events. The recording equipment should be locked away to reduce the likelihood of tampering. Monitors should be placed in the office area to allow the manager to view all areas under camera surveillance. · An intruder alarm system is to be designed and installed to the Australian Standard – Domestic & Commercial Alarm Systems to enhance the physical security of the premises. · An emergency control and evacuation plan should be implemented within the building. Management and staff are to be trained in the execution of the plan in emergency situations. · All recording made by the CCTV system should be stored for at least 30 days and ensure that the system is accessible by at least one staff member at all times it is in operation, and provide any recordings made by the system to a police officer or inspector within 24 hours of any lawful requirement by a police officer or inspector. The CCTV cameras will need to be placed in suitable locations to enhance the physical security and assist in positively identifying any individual who may be involved in in criminal behaviour. · The CCTV footage is also to cove the car parking facilities. Park smarter signage is to be displayed in this area to warn/educate motorists to secure their vehicles and not leave valuable items visible in their cars. The car park will also to have adequate lighting. · Wheelchair access (ramp) should at no time be blocked or impede access to anyone with a disability. · The landscaping design around the site needs to be free from potential hiding places and provide sightlines throughout the site and into any surrounding areas such as car parks. Trees and shrubs are to be maintained regularly to reduce concealment opportunities and increase visibility. Avoid the use of landscaping materials which could when mature serves as screens or barriers to impede views.
Where relevant, the amendments are to be shown on the Construction Certificate drawings prior to the issue of a Construction Certificate to the satisfaction of the Principal Certifier. The security measures specified in this condition are to be installed prior to the issue of an Occupation Certificate and are to be maintained for the life of the development.
30. NSW Rural Fire Service Requirements: The development shall be carried out in accordance with the following: · New construction must comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2018 Construction of buildings in bush fireprone areas or NASH Standard (1.7.14 updated) National Standard Steel framed construction in bushfire areas - 2014 as appropriate and Section 7.5 of Planning for bush fire protection 2019. · A bushfire emergency management and evacuation plan must be prepared and be consistent with the NSW RFS document: A guide to developing a bush fire emergency management and evacuation plan. The plan is to include planning for the early relocation of occupants. A copy of the plan is to be provided to the Local Emergency Management Committee for its information prior to occupation of the development.
31. Accessibility: The development is to be carried out in accordance with the following: · Compliance with the submitted Accessibility Assessment Report dated 15 April 2021 prepared by City Plan. · All areas of the building are required to be accessible including the kitchens and officers. · The lift is to meet AS 1735.12.1999. · The main entrance requires to meet required measurements under the relevant Australian Standards. · The accessible toilets are required to meet AS 1428. · Ambulant toilets are to meet the requirements of AS1428.1 for Office 2. · Details of the gradient ramp from the street at the main entrance is required to ensure it is 1:14. · Provision of TGSI and handrails are required to be provided.
Tree Management Conditions
32. Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area in accordance with State Environmental Planning Policy (Vegetation in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear vegetation in any non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part.” Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal 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.
Reason: To protect the natural environment.
33. Trees 1 to 10 inclusive as identified in the Arborist report prepared by Jacksons Nature works dated September 2020 are to be retained and protected for the life of the development.
Reason: To protect the natural environment.
34. Trees 1, 2 and 3 are to be protected by installing 1.8 metre galvanised site fencing to isolate the trees at a radius not less than four (4) metres radius measured from the centre of each tree trunk. One fence is to isolate all three trees.
Reason: To protect the natural environment.
35. Trees 4, 5 and 6 are to be protected by installing 1.8 metre galvanised site fencing to isolate the trees at a radius not less than six (6) metres radius measured from the centre of each tree trunk. One fence is to isolate all three trees. Fencing requirements apply to the grass area to the north and east of the trees, fencing does not need to be installed over existing hard surfaces.
Reason: To protect the natural environment.
36. Trees 7, 8, 9 and 10 are to be protected by installing trunk wraps in accordance with AS4970 Protection of Trees on Development Sites (2009) and the Arborist report prepared by Jacksons Nature works dated September 2020.
Reason: To protect the natural environment.
37. The two Council owned E. resinifera located on the Sirius road frontage are to be protected by installing trunk wraps in accordance with AS4970 Protection of Trees on Development Sites (2009) and the Arborist report prepared by Jacksons Nature works dated September 2020.
Reason: To protect the natural environment.
38. All tree protection measures are to be installed and approved in writing. The certification is to be submitted to the Principal Certifier prior to the commencement of any works on site.
Reason: To protect the natural environment.
39. Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the construction certificate, provide security in the amount of $10,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to two E resinifera trees located on the Sirius Road frontage. This bond may be forfeited in the event of damages to any of these trees because of the development works as determined by Council’s Tree Management Officer, at a minimum the cost of replacing the tree including labour will be deducted from the bond. The applicant shall contact Council to have the street tree inspected following issue of the Occupation Certificate. Reason: To protect the natural environment.
40. All proposed stormwater pipes, pits, services and sediment control barriers are to be installed outside of all retained trees Tree Protection Zone areas.
Reason: To protect the natural environment.
41. The project Arborist may amend tree protection methods specified in this development consent on the provision substitute protection is compliant with Australian Standard 4970 Protection of Trees on Development Sites (2009) and the substitute is specified in writing by the project Arborist. A copy of the certification is to be submitted to the Principal Certifier and Council prior to the tree protection being amended.
Reason: To maintain tree protection standards.
42. This condition of consent gives approval for the reduction pruning of trees 5 and 7 in accordance with the Arborist Report prepared by Jacksons nature works dated September 2020, page 6 plate 2. No other trees are approved to be pruned to facilitate the development. All pruning works are to be directly supervised by the project Arborist who is to provide certification the pruning has been carried out according to the report. Pruning works are to be carried out by an Arborist with a minimum AQF Leve 3 qualification.
Reason: To protect the natural environment.
43. A Project Arborist of minimal AQF Level 5 qualification is to be appointed prior to the issue of the Construction Certificate 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 good condition. All certificates are to be available to the Principal Certifier within five days of site attendance and must be available to council immediately upon request; failure to produce the latest certificate will be considered a breach of conditions. Final certification is to be submitted to the Principal Certifier prior to the issue of Occupation Certificate. Reason: To provide monitoring to retained trees to minimise development impact. 44. Footing, trench or excavation that is within the Tree protection Zone of any retained trees must be carried out under the guidance of the Project Arborist and using non-destructive techniques. No tree roots greater than 40mm diameter to be pruned unless approved by the Project Arborist. All roots are to be pruned and documented by the Project Arborist then submitted with the final certificate of compliance upon completion of the project. Prior to the issue of Occupation Certificate. Once Complete and roots have been pruned clear of the area, civil machinery may resume excavation from outside of the tree protection zone.
Reason: To minimise the development impact on retained trees.
45. No level changes greater than 150 millimetres are to occur within the Tree protection Zones of any retrained trees unless approved in writing by the project Arborist.
Reason: To minimise development impacts on retained trees.
46. The Project Arborist is to submit a statement upon completion of the development that all retained trees have been maintained in a healthy, viable condition. The statement is also to recommend remedial advice for trees post construction to mitigate construction impacts long term. The statement is to be submitted to and approved by the Principal Certifier Prior to the issue of the Occupation Certificate. Reason: To provide monitoring to retained trees to minimise development impact. General Engineering Conditions 7. 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 all works are in accordance with Council’s requirements.
48. 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 safety and amenity.
49. 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 ensure public works are carried out in accordance with Council’s requirements.
50. 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.appplications 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.
51. Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets 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.
52. Public Utility Relocation: If any public services are to be adjusted, because 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.
53. 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 is maintained.
54. Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. 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 reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.
Reason: To protect public infrastructure.
55. Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.
Reason: To protect and maintain infrastructure assets.
56. 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, driveway and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by Council.
Applicant has to lodge Vehicular Crossing Application form with application fee as shown in the form.
Reason: To provide consistent street alignment levels.
57. Work Zone: A Construction Traffic Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council or determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
Reason: To provide safer working environment and minimize interruption to pedestrians and motorists.
Engineering conditions to be complied with prior to Construction Certificate
58. Council Infrastructure Damage Bond: The applicant shall lodge with Council a $90,000.00 cash 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 because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because 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’srequirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.
Reason: To protect and maintain public infrastructure.
59. Excavation Greater Than 1m depth: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation. The applicant shall: - · seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties · detail what measures are to be taken to protect those properties from undermining during construction · 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. · 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 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 protect surrounding properties and identify vulnerable structures.
60. 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 maintain the stormwater management of the property.
61. Drainage Plans Amendments: The stormwater drainage plan prepared by Sparks+Partners, reference No: 20083, revision 2 and dated on September 2020 is to be amended as detailed below by a qualified practising hydraulic engineer and certified by him/her. This amended plan shall show full details of new pipe network amended as follows and satisfying part O of the Council’s stormwater DCP; · The detailed design of the OSD is required. As per site topography and slopes towards intersection of Lincoln St/Sirius Rd, the proposed OSD tank shall be relocated towards this low point. · The OSD calculation shall be based on the calculation shown in Appendix 14 in part O of Council stormwater DCP. · Discharge control pit in OSD shall have sump(200mm) · CCTV reports of the existing pipe system around the site are to be submitted to Council prior to the construction starts and after completion of construction work. · Proposed drainage system should show pipe sizes and invert levels up to connection point; confirming pipe system satisfies part O of Council’ storm water DCP. · Clean out pits are required at all low points of charged drainage line if charged pipe system is proposed. · Sediment control fence shall be placed around the construction site and shown in plan · One silt arrester pit with mesh (RH3030) and sump(200mm) as shown in section 3.4.1 of Part O of Council DCP is required within the site, at start of the discharge pipe to Council system. · Seepage agg line drainage line is required in upstream of the dwelling, retaining walls and around basement car park and connected to proposed drainage system. · The kerb/pit connection pipe shall be designed for gravity discharge only and no charged pipe line allowed between fence line and connection point at kerb. · The discharge pipes shall be 300mm away from edge of driveway wing and complied with section 4.1 in Council DCP · By considering pipe sizes and pipe conditions, Council recommends improving existing pipe system in Sirius Road and Lincoln Street satisfying Council’s DCP to accommodate future stormwater from this proposal. · The proposed relocation of pipe system in Lincoln Street shall be relocated to opposite side of Lincoln Street. · A plan with longitudinal section of the proposed pipe system on streets with relevant calculations are required for further assessment and/or approval. This plan should show pipe sizes, invert levels and existing surface levels to confirm that the pipe system satisfies Council’s DCP. · A gross pollutant trap suitable for this site needs to be designed and added to the amended plans within the property boundary prior to the connection to the street system. The details of this GPT shall be shown in stormwater plan. The access to the GPT for future maintenance is required. · The pump out system in basement shall satisfy section 5.4 of part O of Council’s stormwater DCP. The full details of the hydraulic calculation for pump out system shall be included in stormwater management plan submitted to Council. · The proposed basement shall be constructed with water-proof walls. The amended design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, for the issue of the Construction Certificate.
Reason: To ensure the proposed stormwater designs meet and satisfy Part O, Council DCP.
62. Geotechnical Report: A geotechnical report is to be completed for the excavation proposed for the development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.
Reason: To protect the environment and required for any excavation greater than 2m.
63. Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with approved plan. Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate. The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, for the issue of the Construction Certificate.
Reason: To maintain the stormwater management of the property.
64. Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site. The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts. The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.
Reason: To protect neighbouring properties.
65. Dilapidation Report: The applicant is to provide a dilapidation report of all adjoining properties, roads and any of Councils infrastructure located within the zone of influence of the proposed excavation. Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.
Reason: To provide a record of public and private infrastructure.
66. Dilapidation Report: The applicant is to provide a dilapidation report on the existing Council stormwater pipeline affecting this property. The dilapidation report must be conducted by a suitably qualified person and a CCTV survey of the pipeline needs to be conducted. The Initial dilapidation report and CCTV footage must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate.
A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.
Reason: To provide a record of Council’s drainage infrastructure.
67. Road Dilapidation Survey: The applicant is to prepare a dilapidation survey and a dilapidation report that includes details of the existing state of repair / condition of the road surface of Sirius Road & Mars Road and provide that survey and report to the Council prior to the issue of the first Construction Certificate. Following completion of construction of the development and prior to the issue of the first occupation certificate, the applicant is to cause to be prepared a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movement associated with the construction of the development. The Council may apply funds from the security deposits paid in favour of this consent to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movement associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers. Reason: To provide a record of Council’s infrastructure and protect them.
68. Council Construction Requirements: The applicant shall construct/reconstruct the following to Council’s satisfaction; · New footpath adjacent the entire frontage of the site to Council’s satisfaction · New Kerb and Gutter along the entire frontage of the site to Council’s satisfaction · Construction of pedestrian access around the site · Construction of new street drainage system · Reinstate all adjustments to the road surfaces. · Reinstate all existing nature-strips with turf and soil on road reserve. · Reinstate all damages identified in dilapidation report · Reinstate all damages identified in CCTV report.
Reason: In accordance with Council’s requirements to restore site.
69. A $200,000 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the Construction Certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.
Reason: In accordance with Council’s requirements to restore site.
70. Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with Part O Council’s DCP- Stormwater Management.
Reason: To ensure all works are in accordance with Council’s requirements.
71. Council Inspection Requirements: The following items are to be inspected
· Proposed stormwater connection to existing pipe in street · Proposed stormwater construction on Council streets · All footpath, kerb/gutter and landscaping works · Any adjustment works in Council road reserve
Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / set out requirements.
An Inspection fee ($205 for one inspection) is to be paid prior to the issue of the Construction Certificate.
Reason: To ensure completion of work satisfying Council.
72. Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the onsite detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate
Reason: To protect stormwater infrastructure and confirm future maintenance.
73. On-Site Stormwater Detention System - Marker Plate: The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk.
Reason: To ensure clear identification of onsite stormwater infrastructure.
74. On-Site Stormwater Detention Tank: All access grates to the onsite stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.
Reason: To prevent unauthorised access and ensure safe access to stormwater infrastructure.
75. Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority.
The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
Reason: To ensure compliance with Australian Standards and Council’s standards.
76. Traffic Management Plan: Prior to submission to the principle certifying authority a traffic management plan is to be submitted to and approved by the following consent authorities, · Lane Cove Council
The traffic management plan shall be prepared and certified by a suitably qualified person. The plan is to fully comply with AS-1742.3 and the consent authority’s requirements.
The plans and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
Reason: To ensure safety of pedestrian and motorist around work site.
77. Temporary Footpath Crossing: A temporary footpath crossing must be provided at the Vehicular access points. It is to be 1.5m in width, made of sections of hardwood with chamfered ends and strapped with hoop iron.
Reason: To ensure safety vehicular movement to and from site.
78. Splay of Front Fence: The front fence is to have a 1x1m splay on both sides of the driveway to maintain pedestrian sight lines. Plans showing this amendment to the proposed design are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate; all associated works are to be completed prior to the issue of the Occupation Certificate.
Reason: To ensure good visibility.
79. Car Parking and Driveway: All parking and associated facilities are to be designed to stop road runoff entering the property and constructed in accordance with AS 2890.1.2004 “Off Street Car Parking”. The driveway opening width along at the face of kerb is to be no wider than 4.5m, in the interest of pedestrian safety. The driveway shall be 300mm away from existing power pole and existing stormwater pit. The following plans shall be prepared and certified by a suitably qualified engineer demonstrating: - Longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed from the centre line of the roadway through to the parking area clearly demonstrated that the driveway complies with Australian Standards 2890.1-2004 “Off Street Car Parking”. This is to address the following; · Transitional grades in accordance with AS2890 to be provided. · If a gradient in excess of 25% is proposed, the engineer must certify that this design is safe and environmentally sustainable. - Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
Reason: To ensure compliance with Australian Standards.
80. Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
Reason: To ensure the safety and viability of the retaining structures onsite.
Engineering condition to be complied with prior to commencement of construction
81. 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 ensure worksite pollutions are controlled accordingly to protect the environment.
82. Safety fence along the boundary of the property: Before commencement of any works, barrier or temporary fencing is to be provided along the full frontage of the property. This fence is for the safety of pedestrians on the public footpath.
Reason: To ensure safety of road and footpath users.
Engineering condition to be complied during construction
83. Heavy Vehicle Duty Employee and Truck Cleanliness: The applicant shall · Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site. · Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times. · Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site. Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.
Reason: To protect the environment.
84. Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.
Reason: To ensure worksite pollutions are controlled accordingly to protect the environment.
85. Truck Shaker: A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.
Reason: To protect the environment.
Engineering condition to be complied with prior to Occupation Certificate
86. Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, part O Council’s DCP-Stormwater Management and AS3500.The certification is to include a work as executed plan. The work as executed plan shall:
· Be signed by a registered surveyor, & · Clearly show the surveyor’s name and the date of signature.
All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.
Reason: To ensure stormwater infrastructure has been installed in accordance with Australian Standards and Council’s requirements.
87. 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 stormwater infrastructure is in accordance with Australian Standards and Council’s requirements.
88. Engineering Certification: A suitably qualified engineer shall certify that following has been constructed in accordance with the approved plans and is within acceptable construction tolerances. · OSD · Pump out system · All repair works identified in Dilapidation report · Council assets improvement works Certification is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.
Reason: Statutory requirement.
89. Engineering Note: All engineering compliance certificates are to contain the following declarations:
· This certificate is supplied in relation to [INSERT PROPERTY ADDRESS] · [INSERT NAME OF ENGINEER AND COMPANY] have been responsible for the supervision of all the work nominated in (a) above. · I have carried out all tests and inspections necessary to declare that the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent. · I have kept a signed record of all inspections and tests undertaken during the works and can supply the Principal Certifying Authority with a copy of such records and test results if and when required.
Reason: Statutory requirement.
90. Positive Covenants OSD and/or Pump Out System: Documents giving effect to the creation of a positive covenants over the on-site detention system and/or over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.
Reason: To protect stormwater infrastructure and confirm future maintenance.
91. Works as Executed Drawings for OSD: A works as executed survey of the onsite detention facility will need to be prepared and certified to demonstrate that the OSD system functions as per the intention of the approved design. A suitably qualified engineer must certify that the construction system is satisfactory.
Reason: Statutory requirements. 92. 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 Council’s footpath and nature strip is free from potential vehicular or other obstructions.
93. Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out; · In accordance with [INSERT REPORT TYPES] · In accordance with the relevant Australian Standards and Codes of Practice. The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.
Reason: To ensure the structural integrity of the works.
Traffic & Parking Car Parking
94. The proposed Car Park design shall comply with AS 2890.1. This includes all parking spaces, ramps and aisles.
95. All accessible car spaces in the car park are to be adequately signposted and line marked and provided in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.
96. All other aspects of the Car Parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and Services Vehicles.
97. The access to the car park shall comply with AS 2890.1-2004.
98. Visibility requirements of the proposed access must comply with AS 2890.1-2004.
99. All vehicles must front in/ front out to/ from the development.
100. Small car spaces must form no more than 10% of the overall parking provision in public car parks.
101. Small car parking, Car Share, car wash bay, motorcycle parking, retail parking, tenant parking, and resident parking to be sign posted and adequately line marked.
102. The garbage collection and holding area is to be clearly signposted and line-marked, and provided in accordance with AS2890.2: 2002. On site garbage collection must be provided for with sufficient headroom and to allow the vehicle to enter and exit in a forward direction. 103. A Loading Management Plan is to be submitted to Council prior to Occupational Certificate. 104. While a permit parking scheme currently does not exist in the area, this development will not be eligible for any residential parking permits including visitor permits in the future if a new scheme is developed in the area. Pedestrians / Cycling
105. The Lane Cove Pedestrian Access and Mobility Program (PAMP) and Lane Cove Bicycle plan encourages developments to improve pedestrian and cycling amenity within the area to encourage walking and cycling within the Council area. All footpaths adjacent to the site and within 25m, will need to be installed or upgraded ensuring a consistent width and surface treatment. The minimum footpath width for all footpaths in the area is 1.8m and this should be clear of any obstructions including tree branches.
106. All cycling racks and secure bike parking provided on-site must meet the minimum standards as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3: 2015. Alternative designs that exceed the Australian Standards will also be considered appropriate. The bicycle facilities are to be clearly labelled, and advisory/directional signage is to be provided at appropriate locations. · Line markings should be provided to guide pedestrians to the lift in public car parking areas. Public Transport
107. A Sustainable Transport Action Plan (STrAP) showing the proposed mode shares, relevant bike routes, access to existing car-share spaces and bus route frequencies will need to be submitted and approved by the Traffic and Transport Department in Lane Cove Council prior to Occupation Certificate. Works on Council Land 108. Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. Applications shall be submitted prior to the start of any works on Council property. Construction Traffic Management Plan (CMP) 109. A Construction Management Plan must be lodged with Council prior to the issuing of a Construction Certificate. As per DCP Part R, the Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, and any conflict with other road users in the street including public transport. Heavy vehicles will not be permitted to travel on local roads unless prior Council permission is obtained from Council’s Traffic section. Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. The Construction Management Plan should specify proposed Work/Construction Zones and the impact of the construction traffic activities to all road users including pedestrians and cyclists. The Construction Management Plan may contain issues requiring the attention and approval of the Lane Cove Traffic Committee (LTC). The Construction Management Plan should also assess and address the impact of construction vehicles travelling through the surrounding road network. Demolition Traffic Management Plan. 110. As a result of the site constraints, limited vehicle access and parking, a Demolition Traffic Management Plan (DTMP) and report if required shall be prepared by a Transport for NSW accredited person and submitted to and approved by Council prior to commencing any demolition work. The DTMP must: - § Make provision for all construction materials to be stored on site, at all times. § Specify construction truck routes and truck rates. Nominated truck routes are to be distributed over the surrounding road network where possible. § Provide for the movement of trucks to and from the site, and deliveries to the site. Temporary truck standing/ queuing locations in a public roadway/ domain in the vicinity of the site is not permitted unless a Works Zone is approved by Council. § Include a Traffic Control Plan prepared by an RMS accredited ticket holder for any activities involving the management of vehicle and pedestrian traffic. § Specify that a minimum seven (7) days notification must be provided to adjoining property owners prior to the implementation of any temporary traffic control measures. Include a site plan showing the location of any site sheds, location of requested Work Zones, anticipated use of cranes, structures proposed on the footpath areas (hoardings, scaffolding or temporary shoring) and extent of tree protection zones around Council street trees. Take into consideration the combined construction activities of other development in the surrounding area. To this end, the consultant preparing the DTMP must engage and consult with developers undertaking major development works within a 250m radius of the subject site to ensure that appropriate measures are in place to prevent the combined impact of construction activities. These communications must be documented and submitted to Council prior to work commencing on site. The DTMP shall be prepared in accordance with relevant sections of Australian Standard 1742 – “Manual of Uniform Traffic Control Devices”, RMS’s Manual – “Traffic Control at Work Sites”. NOTE: This condition is to ensure public safety and minimise any impacts to the adjoining pedestrian and vehicular traffic systems. The DTMP is intended to minimise impact of construction activities on the surrounding community, in terms of vehicle traffic (including traffic flow and parking) and pedestrian amenity adjacent the site.
Works Zones
111. Due to requirements for safe traffic and pedestrian movement, loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within an approved Works Zone. If the Works Zone is required, the developer must give the Council written notice of at least six (6) weeks prior to the date upon which use of the Works Zone will commence and the duration of the Works Zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone. Landscaping Prior to the Issue of the Construction Certificate 112. Tree Protection Measures To ensure the longevity and retention of existing trees on site, tree protection measures as outlined by the Project Arborist must be graphically represented on plans in addition to the new notation provided on the updated Landscape Plans (L-03E). This revision must be completed and provided to Councils Landscape Architect prior to the issue of the construction certificate.
Reason: To ensure no damage occurs during construction to the existing trees onsite. 113. Design amendments Before the issue of a construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved plans and supporting documentation stamped by Council.
Reason: To require minor amendments to the approved plans and supporting documentation following assessment of the development
114. Construction site management plan Before the issue of a construction certificate, the applicant must ensure a construction site management plan is prepared before it is provided to and approved by the certifier. The plan must include the following matters: · location and materials for protective fencing and hoardings to the perimeter on the site · provisions for public safety · pedestrian and vehicular site access points and construction activity zones · details of construction traffic management, including proposed truck movements to and from the site and estimated frequency of those movements, and measures to preserve pedestrian safety in the vicinity of the site · protective measures for on-site tree preservation (including in accordance with AS 4970-2009 Protection of trees on development sites and Council’s DCP, if applicable) and trees in adjoining public domain (if applicable) · details of any bulk earthworks to be carried out · location of site storage areas and sheds · equipment used to carry out all works · a garbage container with a tight-fitting lid · dust, noise and vibration control measures · location of temporary toilets.
The applicant must ensure a copy of the approved construction site management plan is kept on-site at all times during construction.
Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction
115. Erosion and sediment control plan Before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the certifier: · Council’s development control plan, · the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and · the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust).
The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.
Reason: To ensure no substance other than rainwater enters the stormwater system and waterways. 116. Location of existing utilities and services Before the issue of the relevant construction certificate, the applicant must submit the following written evidence of service provider location of assets and ensure that the relevant utility and service provider has confirmed the location of their asset and has provided written approval for the works. · a letter of consent from all utility and service providers to the site demonstrating that satisfactory investigative research has been undertaken by the Applicant to the approval of each provider. · a response from Sydney Water as to whether the plans proposed to accompany the application for a construction certificate would affect any Sydney Water infrastructure, and whether further requirements need to be met. · other relevant utilities or services - that the development as proposed to be carried out is satisfactory to those other service providers, or if it is not, what changes are required to make the development satisfactory to them. Reason: To ensure relevant utility and service providers requirements are provided to the certifier. 117. Pre-Construction Dilapidation report: Trees to be Retained Before the issue of a construction certificate, a suitably qualified Arborist with a minimum of an AQF level 5 Degree must prepare a pre-construction dilapidation report on the health of the trees to be retained and protected following a site visit with Council’s Senior Tree Preservation Officer. The report shall be agreed upon by both parties and shall include photographs of each tree and any existing damage, defects or areas of concern well represented. · after comparing the pre-construction dilapidation report to the post- construction dilapidation report required under this condition, there has been any structural damage to any adjoining buildings; and · where there has been structural damage to any adjoining buildings, that it is a result of the building work approved under this development consent.
Before the issue of an occupation certificate, the principal certifier is to provide a copy of the post-construction dilapidation report to Council (where Council is not the principal certifier) and to the relevant adjoining property owner(s).
Reason: To identify damage to existing trees retained resulting from building work on the development site. 118. Works within structural root zones of existing trees Where works must take place within the Structural Root Zone of any tree to be retained, root mapping through hand digging shall take place and a report showing the findings shall be prepared by the Project Arborist with an AQF5 qualification and then shall be submitted to Council’s Senior Tree Assessment Officer for approval.
Reason: To ensure that no damage occurs to the root system of trees to be retained thus ensuring their ongoing health and vigour. 119. Plant supply All trees planted on site shall conform to Australian Standard AS 2303-2015 Tree Stock for Landscape Use. All other plants shall conform to NATSPEC specifications and be free from disease or defects and be in a healthy condition.
Reason: To ensure the proposed planting is free of disease and defects to provide the best chance for successful establishment and ongoing health and vigour. 120. Planting of garden beds All garden beds shall be planted out with enough plant quantities and spacing to ensure that no areas of bare mulch remain visible following the typical 12-month landscape establishment period. Reason: For suppression of weeds and to fulfil the Landscape Design Intent. 121. Automatic irrigation system An automatic drip irrigation system is to be designed and installed to all garden bed areas that will ensure the ongoing health of the planting scheme for the life of the development.
Reason: To ensure adequate moisture levels are maintained for the 12-month establishment period eliminating the threat of plants dying due to lack of water during this time of in times of future drought.
122. Raised planter boxes All raised planter boxes shall be waterproofed by a licensed professional in accordance with AS4654.1-2012 Waterproofing membranes for external above-ground use
Reason: The ensure the structural integrity of the planter box and parking structure below are maintained and to ensure that no leaks occur in the raised planter box as installed.
Prior to the Commencement of Building Works
123. Erosion and sediment controls in place Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover achieved over any bare ground on site).
Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways. 124. Tree protection measures Before the commencement of any site or building work, the principal certifier must ensure the measures for tree protection detailed in the construction site management plan are in place.
Reason: To protect and retain trees. 125. Design Amendments Before the issue of a construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved plans and supporting documentation stamped by Council.
Reason: To require minor amendments to the approved plans and supporting documentation following assessment of the development.
During Building Works
126. Erosion and sediment controls in place Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover achieved over any bare ground on site).
Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways. 127. Tree protection While site or building work is being carried out, the applicant must maintain all required tree protection measures in good condition in accordance with the construction site management plan required under this consent, the relevant requirements of AS 4970-2009 Protection of trees on development sites and any arborist’s report approved under this consent. This includes maintaining adequate soil grades and ensuring all machinery, builders refuse, spoil and materials remain outside tree protection zones.
Reason: To protect trees during construction. 128. Compliance Certificate for waterproofing planting on structures A certificate must be submitted by a qualified practising Landscape Architect certifying that the proposed subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings and specification to all raised and formed garden bed areas.
Reason: To ensure there is no water penetrating the planter boxes to the infrastructure or building below. 129. Cut and fill While building work is being carried out, the principal certifier must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements: · All excavated material removed from the site must be classified in accordance with the EPA’s Waste Classification Guidelines before it is disposed of at an approved waste management facility and the classification and the volume of material removed must be reported to the principal certifier. All fill material imported to the site must be Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material identified as being subject to a resource recovery exemption by the NSW EPA.
Reason: To ensure soil removed from the site is appropriately disposed of and soil imported to the site is safe for future occupants. 130. Uncovering relics or Aboriginal objects While demolition or building work is being carried out, all such works must cease immediately if a relic or Aboriginal object is unexpectedly discovered. The applicant must notify the Heritage Council of NSW in respect of a relic and notify the Secretary of the Department of Planning, Industry and Environment and the Heritage Council of NSW in respect of an Aboriginal object. Building work may recommence at a time confirmed by either the Heritage Council of NSW or the Secretary of the Department of Planning, Industry and Environment.
In this condition: “relic” means any deposit, artefact, object or material evidence that: relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and is of State or local heritage significance; and “Aboriginal object” means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remains.
Reason: To ensure the protection of objects of potential significance during works.
Prior to the Issue of the Occupation Certificate
Note: Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to the attention of via e-mail at service@lanecove.nsw.gov.au within five (5) working days of the date of issue.
Reason: To meet Council Statutory Regulations. 131. Works-as-executed plans and any other documentary evidence Before the issue of the relevant occupation certificate, the applicant must submit, to the satisfaction of the principal certifier, works-as-executed plans, any compliance certificates and any other evidence confirming the following completed works: All stormwater drainage systems and storage systems
The principal certifier must provide a copy of the plans to Council with the occupation certificate.
Reason: To confirm the location of works once constructed that will become council assets. 132. Post Construction Dilapidation report: Trees to be Retained Before the issue of a construction certificate, a suitably qualified Arborist with a minimum of an AQF level 5 Degree must prepare a post-construction dilapidation report on the health of the trees to be retained and protected following a site visit with Council’s Senior Tree Preservation Officer. The report shall be agreed upon by both parties and shall include photographs of each tree and any existing damage, defects or areas of concern well represented. · after comparing the pre-construction dilapidation report to the post- construction dilapidation report required under this condition, there has been any structural damage to any adjoining buildings; and · where there has been structural damage to any adjoining buildings, that it is a result of the building work approved under this development consent. Before the issue of an occupation certificate, the principal certifier is to provide a copy of the post-construction dilapidation report to Council (where Council is not the principal certifier) and to the relevant adjoining property owner(s).
Reason: To identify damage to existing trees retained resulting from building work on the development site. 133. Repair of infrastructure Before the issue of an occupation certificate, the applicant must ensure any tree to be retained or surrounding public open space or landscape areas damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council. Note: If the council is not satisfied, the whole or part of the bond submitted will be used to cover the rectification work.
Reason: To ensure any damage to public infrastructure is rectified. 134. Practical Completion Report - Landscape works A landscape practical completion report must be prepared by the consultant landscape architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all landscape works have been completed in accordance with the landscape working drawing. A copy of the report must be submitted to Council.
Reason: To ensure the landscape works have been carried out in accordance with the stamped approved construction documents. 135. Practical Completion Report - Landscape maintenance and establishment At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Owner/ Occupier. A copy of the report must be submitted to Council.
Reason: To ensure the landscape works have been carried out in accordance with the stamped approved construction documents.
Environment & Health Conditions
Prior to the Issue of the Construction Certificate
136. A Detailed Site Investigation (DSI) is to be completed post-demolition to identify possible risks posed to end users of the site from any contamination that may be present. This investigation should include a program of soil sampling and groundwater assessment, and depending on findings, potential soil gas (vapour). The finding of this investigation can be utilised to derive a method of management should any risk to end users be identified.
Note1: Under no circumstances is work to progress beyond demolition until the DSI is completed and prior to any construction work commencing. Note2 Council reserves the right to require the DSI and RAP (if required) to be reviewed by a NSW EPA Accredited Site Auditor.
In addition Council will require the following additional details to be submitted prior to the CC being issued :
137. A Hazardous Materials Survey (HMS) should be completed by a suitably qualified and experienced consultant prior to commencement of any demolition works to identify any hazardous materials that may be present within the existing site structure.
138. Construction noise management plan (acoustic report – construction phase) is to be provided that incorporates the demolition and construction phases of the proposal.
139. A sediment & erosion control plan is to be submitted.
140. Environmental management plan for the construction phase that addresses–dust suppression/management, water management – water that accumulates in deep excavations ( method of containment, monitoring and testing , treatment and disposal according to the POEO Act and ANZECC Guidelines.
141. Offsite transportation of construction waste/fill is to be addressed, including the submission of a comprehensive truck parking/queuing system. Parking in the area is very limited and as such this aspect of the project will need to be carefully planned and managed.
142. An acoustic report that addresses air conditioning plant and equipment is to be provided.
Standard Health & Environment Conditions
143. 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.
144. 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 e) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.
145. 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.
146. Stabilised Access Point A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book)
147. Site Water Management Plan A site water management plan is to be submitted to Council for approval. The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the blue book) produced by the NSW Department of Housing.
148. Stockpiles 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.
149. Garbage storage area – Commercial/Industrial All garbage shall be stored in a designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. The area is to be constructed with a smooth impervious floor graded to a floor waste and connected to the sewer. The garbage area/room is to be well ventilated and fitted with fire sprinklers and meet fire safety standards in accordance with the Building Code of Australia. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.
150. Garbage collection – Commercial/Industrial Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997. Records shall be kept of all waste disposal from the site. Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 7am on any day.
151. Garbage Room Location & Access Garbage rooms shall: o be located in positions which will permit easy, direct and convenient access for the removal of garbage without creating a nuisance from dust, litter, odour and noise. o not contain any fittings, facilities or matter not associated with the treatment, storage or disposal of garbage. o where possible be located within the main building. Where this is not practicable due to noise levels or other exceptional circumstances, the garbage room shall be located in a position approved by the Principal Certifying Authority. If it is proposed to make application to construct a detached structure, special attention shall be given to the aesthetics of the structure and its siting.
152. Drainage Garbage room floors shall be graded to a floor waste, which shall be connected to the sewer. No drainage from garbage rooms shall be connected directly or indirectly to the stormwater drainage system, Council’s street gutter or Council’s drainage system.
153. Trade Waste Compounds – Construction and Demolition The reuse and recycling of waste materials must be maximised during construction and demolition. Minimum separation required is into 1) masonry products (bricks, concrete/ concrete roof tiles) to be sent for crushing/recycling and 2) mixed waste (paper, plastic etc) for landfill. This can be achieved by constructing a minimum of two trade waste compounds on-site. Each waste compound must be adequately sized to enclose the waste. Alternatively, mixed waste may be stored in an adequately sized waste compound and sent to a waste contractor/waste facility that will sort the waste on their site for recycling. Trade waste compounds shall be constructed with sediment fencing, shade cloth, wood or metal sheets firmly staked into the ground (a trade waste bin is also suitable). The location and size of the waste storage areas must also be shown on the site plan. Submission of a Waste Management Plan detailing the types and approximate quantities of weekly waste produced on site, whether it is liquid, solid or gas; and the collection and disposal agreements for all recyclable materials including paper, cardboard, metal, oil, aluminium, P.E.T. and glass. Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material. The Waste Management Plan shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE. Details of the location of the waste storage, recycling container storage area and position of compost bin are to be submitted PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application. These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. Submission of receipts may be requested upon completion of works. Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under application D*. These details are required as soon as practicable after demolition is completed. Submission of receipts may be requested upon completion of works. Compliance with the Waste Management Plan approved under application D*.
154. Operation of Plant or Equipment To minimise the impact of noise from the development, all sound producing plant, equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall be designed and or located so that the noise emitted does not exceed 5db(A) above the ambient background level when measured from the boundary of any affected premises between the hours of 8am to 10pm. Between the hours of 10pm and 8am, noise shall not exceed the ambient background level when measured at the boundary of an affected premises. All sound producing equipment shall comply with the Protection of the Environmental Operations Act 1997.
155. 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 Environmental Operations Act 1997.
156. Noise Control – Car Park Security Grills To minimise the impact on the amenity of surrounding residents, all sound producing plant, equipment, machinery or fittings within or forming part of the proposed security door fitted to the car parking area entrance shall be acoustically attenuated so that the noise emitted does not exceed 5dB(A). Notwithstanding the above any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.
157. 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 must be implemented during the demolition work
158. Fresh air intake vents All fresh air intake vents must be located in a position that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.
159. Exhaust air discharge vents All exhaust discharge vents must be located in a position where no nuisance or danger to health will be created and at least 6 metres from any fresh air intake vent or natural ventilation opening
160. Exhaust air discharges The composition, direction and velocity of the exhaust air discharged from the exhaust vents must be such that no nuisance or danger to health will be created.
161. Air Pollution The use of the premises, including any plant or equipment installed on the premises, must not cause the emission of smoke, soot, dust, solid particles, gases, fumes, vapours, mists, odours or other air impurities that are a nuisance or danger to health.
162. Bunding – Liquids All liquids onsite are to be stored within a bunded area. The size of the area is to be bunded and shall be calculated as follows as a minimum: a) In the case of tanks, 110% of the volume of the largest size tank b) In the case of small containers and drums, 25% of the total volume of liquid to be stored, with a minimum of 400L capacity.
The bund is to be constructed of a material, which is impervious to the liquid being stored. All bunded areas shall be graded to a pit/sump so as to facilitate emptying and cleaning. All pipework from the enclosed tanks and or/pumps shall be directed over the bund wall and not through it. Hose couplings for the tanks enclosed within the bund. Where possible the bunded areas should be roofed.
163. 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.
164. Storage of Hazardous or Toxic Material To ensure hazardous and toxic materials are not to become a threat to the environment they must be stored in a bunded area constructed and maintained in accordance with AS 1940 – 1993 The storage and handling of flammable and combustible liquids and with Workcover NSW requirements.
165. Storage of Potentially Contaminated Soils All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.
166. Assessment of Potentially Contaminated Soils All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, such as the publication titled Environmental Guidelines: Assessment, Classification and Management of Liquid and Non – Liquid Wastes (EPA, 1999).
167. Offsite Disposal of Contaminated Soil All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste. Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.
168. Regulated Systems All air handling and water systems regulated under the Public Health Act 1991 must be installed, operated and maintained in accordance with the requirements of the Public Health (Microbial Control) Regulation 2000. The premise is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.
169. Registration of water cooling and warm water systems All water cooling and warm water systems regulated under the Public Health Act 1991 must be registered with Council’s Environmental Services Unit within one month of installation.
170. Clean water only to stormwater system Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.
171. Contaminated Land Prior to issuing a construction certificate for the development/ subdividing the land /, a detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site.
172. Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of: · New South Wales Occupational Health and Safety Act, 2000; · The Occupational Health and Safety (Hazardous Substances) Regulation 2001; · The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; · Protection Of the Environment Operations Act 1997 (NSW) and · Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).
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Mark Brisby
Executive Manager
Environmental Services Division
AT‑1 View |
Notification Plans |
2 Pages |
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AT‑2 View |
4.6 variation - height |
14 Pages |
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AT‑3 View |
4.6 variation -FSR |
15 Pages |
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