DETERMINATION

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting dated 12 April 2022, exercising the functions of Council as the consent authority, grant consent to Development Application DA110/22 for the proposed extension of carpark ancillary to an existing child care centre at 706 Mowbray Road West, Lane Cove North, subject to attached draft conditions.

Part A – GENERAL CONDITIONS

1.   A.1 - Approved plans and supporting documentation

Development must be carried out in accordance with the following approved plans and supporting documentation (stamped by Council), except where the  conditions of this consent expressly require otherwise.

In the event of any inconsistency between the approved plans and the supporting documentation, the approved plans prevail. In the event of any inconsistency between the approved plans and any condition(s) of this consent, the condition(s) prevails.

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.   A.2 - 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.

a)   The provision of one (1) disabled parking space in accordance with AS/NZS 2890.6-2009 – Off-street parking for people with disabilities.

b)   Relocation of the “SA” Kerb and trench drain shown on plan SYD04_C-X-00400 to the eastern side of the driveway crossover and carpark. Excavation within the SRZ of T63 is prohibited.

c)   Replacement of all proposed Eucalyptus moluccan with either Eucalyptus pilularis or Eucalyptus haemastoma with 200L pot size minimum at the time of planting.

d)   The entire driveway section up until the existing carpark surface is to be built entirely above grade using a permeable concrete surface.

             e)   Adequate lighting is to be installed in the car park for the safety and security of people and vehicles in accordance and as appropriate with AS/NZ 1680 series - Interior and Workplace Lighting.

f)     Adequate signage (lit during the low light and dark hours of operation)  and flow direction markings are to be installed in the car park.

g)  The security system for the car park, including but not limited to the proposed boom gate must be accessible to the staff and patrons of the Possums’ Corner Child Care Centre and emergency response vehicles.

h) The existing tandem car parking spaces that are to be retained must be upgraded to the standard of the new car parking spaces.

Reason: To require minor amendments to the approved plans and supporting documentation following assessment of the   development.

3.   A.3 - Payment of security deposits (if applicable)

Before the commencement of any works on the site or the issue of a construction certificate, the applicant must make all of the following payments to Council and provide written evidence of these payments to the Certifier:

The payments will be used for the cost of:

·         making good any damage caused to any council property (including street trees) as a consequence of carrying out the works to which the consent relates,

·         completing any public work such as roadwork, kerbs and guttering, footway construction, stormwater drainage and environmental controls, required in connection with this consent, and

·         any inspection carried out by Council in connection with the completion of public work or the making good any damage to council property.

Note: The inspection fee includes Council’s fees and charges and includes the Public Road and Footpath Infrastructure Inspection Fee (under the Roads Act 1993). The amount payable must be in accordance with council’s fees and charges at the payment date.

Note: Council inspection fees are calculated in accordance with Council’s fees and charges at the payment date.

Note: Required Council inspections for civil works involving Council assets are to be carried out 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.

The following items are to be inspected:

·         proposed stormwater drainage improvements

·         proposed stormwater connection to existing Council pit in street;

·         all footpath, kerb/gutter and landscaping works; and

·         any adjustment works in Council’s Road reserve.

Reason: To ensure any damage to public infrastructure is rectified and public works can be completed.

4.   A.4 - Payment of building and construction industry long service levy

Before the issue of a construction certificate, the applicant is to ensure that the person liable pays the long service levy to the Long Service Corporation or Council under section 34 of the Building and Construction Industry Long Service Payments Act 1986 and provides proof of this payment to the certifier. All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

       Reason: To ensure the long service levy is paid.

5.   Preservation of Trees and Vegetation

(51) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

Reason: To ensure tree protection.

6.   A.9.T - Works on Council land

Separate application shall be made to Council’s Urban and Services Division for any associated works on Council property. Written approval is to be obtained prior to the start of any works on Council property.

       Reason: To manage impacts to Council’s assets.

7.   Traffic special conditions

1.   All the parking spaces shall be clearly line marked.

2.   Wheel stops are to be installed on all car parking spaces to prevent collision with any structure or objects.

3.   Provision for electric vehicle charging including cabling is to be provided for a minimum of nine (9) car parking spaces.

8.   A.10.E Drainage plan 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 stormwater drainage plans prepared by Arup, reference No: 280842-00, Issue A dated 27/7/22:

·         Sediment control fence shall be placed around the construction site and shown on the plans

·         Location of the existing drainage system connection point on the plans.

·         If the existing system is not in good condition and does not satisfy Council’s requirements, the applicant shall carry out improvements to the existing drainage system. The design of the proposed improvement works shall satisfy Part O of Lane Cove Council’s stormwater DCP.

·         No pipe system shall be directed towards downstream properties if there is no easement/pipe system available.

·         The plan of longitudinal section of the proposed pipe system shall show existing underground services along the pipe line if any.

Certification from a suitably qualified engineer as to the matters below is to be provided to the Principal Certifying Authority, prior to the issue of any CC:

·           Compliance with the amendments detailed in this condition.

·           Compliance with Part O: Stormwater Management of Council’s DCP.

Where a variation is sought, written approval is to be obtained from the Council’s Urban Services Division.

       Reason: To ensure adequate stormwater management in accordance with Council’s DCP.

9.   Transport for NSW Conditions

a)   The subject property is located above the Lane Cove Tunnel (LCT) and is subject to construction impacts. To allow for the operation of LCT, a specialist engineering assessment, including 3-dimensional finite element (FE) modelling analysis undertaken by an appropriately qualified and experience geotechnical/tunnelling engineer that identifies the implications of the development on the road infrastructure shall be submitted to TfNSW for approval prior to issue of the construction certificate.

The proponent is required to demonstrate that the proposed development does not result in any adverse effects on the strength capacity, durability, design life and water control system performance of the adjacent infrastructure. Please send all documentation to development.sydney@transport.nsw.gov.au.

b)   The swept path of the longest vehicle entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval which shows that the proposed development complies with this requirement.

c)   All buildings and structures, together with any improvements integral to the future use of the site are to be wholly within the freehold property (unlimited in height or depth), along the Mowbray Road West boundary.

d)   The redundant driveway(s) on Mowbray Road West shall be removed to Council’s satisfaction.

       Reason: General Terms of Approval.

10. Bushfire Risk

The recommendations contained within the Bushfire Risk Assessment Report prepared by Travers Ecology, dated 1 April 2022 (Ref: 21ARU02) relevant to the proposal shall be fully complied with.

       Reason: To mitigate bushfire risk.

11. A.7.L   Tree preservation and approved landscaping works

Lane Cove local government area in accordance with State Environmental Planning policy (Biodiversity and Conservation) 2021.

Chapter 2, Part 2.2, section 2.6 of this Sepp states:

“A person must not clear vegetation in a 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.

All landscape works shall be undertaken in accordance with the approved landscape plan(s), Arborist Report, tree management plan and transplant method statement as applicable, as modified by any conditions of consent.

The following trees shall be retained:

This consent gives approval for the removal of the following trees:

This consent gives approval to carry out the following works in Tree Protection Zones:

Tree removal may only occur upon the issue of a Construction Certificate

Reason: To ensure the protection of trees to be retained and to confirm trees removed for pruning/removal.

12. A10 – Special condition – Prepurchase of Replacement Trees

The applicant is to provide receipt of pre purchased trees from a registered nursery that will attain the height of replacement trees as part of this consent. The receipt is to be provided to Council’s Landscape and Tree department prior to the issue of a construction certificate. Purchased trees are to be grown in accordance with specifications outlined within AS2303:2018 Tree Stock for Landscape Use.

Reason: To ensure replacement trees are an appropriate size upon completion of the development.

13. A11 Special Condition – Site Specific Tree protection plan and Construction Management Plan

A site-specific Tree Protection Plan, prepared by the Project Arborist is to be developed alongside a Construction Management Plan detailing Tree Protection Methods in accordance with the Australian Standard 4970-2009 where proposed construction activities will affect the longevity of retained trees. This includes the demolition of existing structures, excavation, assembly of crane platforms, delivery storage and movement of site materials and location of site sheds. The plan must be sent to Council Senior tree Officer and Manager of Open Space for approval prior to the issue of a construction certificate.

       Reason: To ensure the protection of retained trees.

PART B – PRIOR TO DEMOLITION WORKS

14. Construction Traffic Management Plan

A construction traffic management plan (CTMP) is to be prepared by a Transport for NSW accredited person(s) and submitted to and approved by the Council prior to commencing any work. The CTMP 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. Heavy/ Demolition vehicles are prohibited from entering/exiting the site at the western-most access driveway (adjacent to Possums Corner Childcare Centre). 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 a TfNSW accredited ticket holder for any activities involving the management of vehicle and pedestrian traffic.

·         Specify that a minimum of 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.

·         Detail alternative parking for the centre and safe pedestrian access from any alternative parking to the centre.

·         Take into consideration the combined construction activities of other developments in the surrounding area, including the approved demolition of existing structures on the subject site.

·         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”.

·         Provide swept paths for the largest truck entering and exiting site.

Reason: To ensure public safety and minimise any impacts to the adjoining pedestrian and vehicular traffic systems.

15. Childcare Centre Management Plan

A Child Care Centre Management Plan is to be submitted to ensure the Possums Corner child care centre can operate to its current capacity throughout the construction period. The Plan shall meet the following requirements:

·     Unencumbered and safe access for staff/deliveries/customers to the child care Centre, including the existing right of carriageway on 706 Mowbray Road, and parking spaces (existing and alternative spaces during the construction period)

·     No access to this area by heavy vehicles associated with the works.

·     Effective barriers to mitigate impacts to the child care centre during work.

·     A transition plan and timeline as to how the operational requirements of the child care centre will be maintained.

·     A detailed dust management plan including dust mitigation measures.

       Reason: To maintain safe access, health and safety, and amenity to the child care centre.

16. Bushland Management Plan

The applicant shall submit a Bushland Management Plan (BMP) to the Council for review and endorsement. The BMP shall meet the following requirements:

·         Sediment fencing must be erected around the entire perimeter of the site during the period of demolition.

·         Sediment fences should be installed around the base of stockpiles and the stockpiles should be covered.

·         A retention basin is to be installed along the southern aspect of the site where the development is adjacent to bushland before sediment fencing. The water and sediment runoff are to be flocculated in the retention basin to filter out sediment before water passes through sediment fencing. Excess water should be piped to nearest stormwater outlet.

·         Rubbish/waste material must be stored in a locked container/cage. Any building rubbish/waste material that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

      Reason: To mitigate adverse impacts to the adjoining bushland.

17. C.16.EH – Construction and demolition waste management plan

Prior to the commencement of any works on the subject site, a construction and demolition waste management plan (CDWMP) must be  prepared for the development by a suitably qualified person in consultation with the Council and be submitted for approval.

The CDWMP must address, but is not limited to, the following matters:

·         Recycling of demolition materials including concrete.

·         Removal of hazardous materials and disposal at an approved waste disposal facility in accordance with the requirements of the relevant legislation, codes, standards and guidelines, prior to the commencement of any building works.

·         Details of methods to be used to prevent spill, escape of any dust, waste or spoil from the vehicles or trailers used to transport waste or excavation spoil from the site.

·         Details demonstrating compliance with the relevant legislative requirements, associated with the removal of hazardous waste (if present), particularly the method of containment and control of emission of fibres to the air, must be submitted to the satisfaction of the Certifying Authority prior to the removal of any hazardous materials.

·         Provide details of truck routes and make appropriate notifications as required to comply with current regulations. The Applicant must submit a copy of the CDWMP for review to Council prior to the commencement of work.

The applicant is to ensure that a Construction and Demolition Waste Management Plan is prepared in accordance with the EPA’s Waste Classification Guidelines and the following requirements before it is provided  to and approved by the certifier:

a)   Council’s Development Control Plan (Part Q: Waste Management and Minimisation).

b)   Details the following:

-     the contact details of the person(s) removing the waste

-     an estimate of the waste (type and quantity) and whether the waste is expected to be reused, recycled or go to landfill

-     the disposal and destination of all waste material spoil and excavated material

-     measures to reduce excess waste and divert waste from landfill

-     procedures to collect and dispose of hazardous waste

The applicant must ensure the Construction and Demolition Waste Management Plan is referred to in the Construction Site Management Plan and kept on-site at all times.

       Reason: To promote resource recovery and environmental protection.

18. Construction noise and vibration management plan

A Construction Noise and Vibration Management Plan is to be prepared by an appropriately qualified professional for the proposed works. The Plan is to have regard to the Child Care Centre and contain recommendations to mitigate any adverse impact to the Centre. Any recommendations are to be fully complied with.

       Reason: To mitigate noise and vibration nuisance to the adjoining child care centre

19. B.4.EH Demolition work plan

A demolition work plan must be prepared for the development in accordance with Australian Standard AS2601-2001 by a licensed demolisher who is registered with the NSW WorkCover.

The demolition work plan must be submitted to the Principal Certifying Authority (PCA), not less than 7 working days before commencing any demolition work. A copy of the demolition work plan must be maintained on site and be made available to Council officers upon request.

The Demolition Work Plan must include the following information (as applicable):

-     The name, address, contact details and licence number of the Demolisher / Asbestos Removal Contractor.

-     Details of hazardous materials (including asbestos).

-     Method/s of demolition (including removal of any asbestos).

-    Measures and processes to be implemented to ensure the health & safety of workers and community.

-    Measures to be implemented to minimise any airborne dust and asbestos.

-    Methods and location of disposal of any hazardous materials (including asbestos).

-    Other relevant details, measures and requirements to be implemented.

-    Details of re-use, recycling and disposal of waste materials.

-    Date the demolition works will commence.

       Reason: To ensure health and safety.

20. B.6.EH - Remediation Action Plan

The site shall be remediated in accordance with the Remedial Action Plan prepared by ARUP dated 08/07/22 (Ref: 279080-00). The aforementioned plan must be reviewed to the satisfaction of a NSW EPA Accredited Site Auditor.

Any variations to the remediation strategy or, new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the Site Auditor and Council immediately in writing.

The written concurrence of the Site Auditor must be obtained prior to implementing any changes to the remediation action plan, strategies, or associated conditions of consent.

        Reason: To ensure health and safety.

21. B.2.E - Asbestos removal, handling and disposal

The removal, handling and disposal of asbestos from building sites shall be carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal in accordance with this condition is to be submitted to the Principal Certifying Authority and Council’s Environmental Health Section, prior to commencing any demolition works.

       Reason: To ensure worker and public health and safety.

22. B.3.EH - Compliance with demolition standard

Demolition of buildings and structures must comply with Australian Standard AS 2601—2001: The Demolition of Structures.

       Reason: Prescribed condition under the EP&A Regulation 2000.

23. B.13.L - Project arborist

Prior to the commencement of any works including demolition, a project arborist of minimum Australian qualitative framework (AQF) Level 5 qualification is to be appointed to oversee/monitor trees/condition compliance during the construction process. A letter of engagement must be provided to Council prior to issue of a construction certificate. Compliance certificates must be available upon request, submitted to the Principal Certifier within five days of site attendance and must be available to council immediately upon request prior to the issue of an occupation certificate. Failure to produce the latest certificate will be considered a breach of conditions.  Each compliance certificate must contain photographic evidence to confirm site attendance. A compliance certificate is required for each of the following phases.

The project Arborist shall:

·         Certify all tree protection measures listed within Part B prior to demolition works

·         Clearly identify and tag trees which are to be removed and which trees are to be retained as part of this consent

·         Oversee the construction of the raised driveway crossover

·         Oversee the excavation for stormwater services within the TPZ of T63

·         Oversee the demolition of existing hardscape within the SRZ and TPZ of T63

·         Provide Monthly health and condition assessments on protected trees

·         Statement upon completion for the development that all retained trees have been maintained in a healthy, viable condition and replacement planting has been undertaken. The statement must also recommend remedial advice for trees post construction to mitigate and long-term construction impacts.

      Reason: To ensure trees to be protected on the site.

24. B14  -  Special Condition - Tree Protection Measures Fencing

The following tree protection measures must be in place prior to demolition works and certified by the project arborist.

Tree Protection Fencing must be installed within the following locations:

·         Along the area marked within the site-specific tree protection plan

The fencing must consist of a 1.8 m high chain mesh fence held in place with concrete block footings and fastened together. An example of fencing is shown under figure 3 on page 16 of the Australian Standard 4970-2009 The Protection of Trees on Development. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

A waterproof sign must be placed on every second panel stating, ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

Such fencing and signage must be erected prior to demolition including site preparation and remain in place for the duration of the construction work

Movement of Tree Protection Fencing must be overseen and approved by the project Arborist with notification provided to Council’s Tree Management Officer in writing.

      Reason: To protect the natural environment

25. B15 Special Condition – Ground protection

Ground protection is required within the fenced protection area of T63. Ground protection must consist of the following:

·                    75mm depth of coarse weed free woodchip >20mm

·                    Irrigated using a drip-fed method on a timer

A suitable example of ground protection can be found under section 4.5.3 of The Australian standard 4970-2009 The Protection of Trees on Development Sites.

Ground protection must be in place prior to demolition including site preparation and remain in place for the duration of the construction work.

Reason: To limit compaction around protected trees.

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

26. C.1 - Construction site management plan

Prior to any demolition works and 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. The construction traffic management plan shall comply with the requirements of Part R of Lane Cove DCP 2010 and shall be submitted to Council’s Traffic Section for written approval. Consultation with NSW Police, TfNSW, and Sydney Buses may be required. Note: Heavy vehicles are not permitted to travel on local roads without Council approval.

·                    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 including a construction noise management plan prepared in accordance with the NSW EPA’s Interim Construction Noise Management Guidelines by an appropriately qualified acoustic consultant.

·                    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.

Additional Council Requirements

1.   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.

2.   All stockpiles of contaminated materials must be stored in an environmentally sensitive manner in a secure area on the site and shall be suitably covered to prevent dust and odour nuisance.

3.   All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, including NSW EPA Waste Classification Guidelines (2014).

4.   Where hoarding is required to be provided along the street frontage, a Hoarding Application is to be submitted to Council for approval.

5.   Any construction plant on the public road reservation requires an approved “Application for standing plant permit”.

Reason: To require details of       measures that will protect the public, and the surrounding environment, during site works and construction.

27. C.2 - Erosion and sediment control plan

Prior to any demolition works or clearing of any vegetation and 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.

28. C.3 - Waste management plan (WMP)

Before the issue of a construction certificate, the applicant is to ensure that a  waste management plan is prepared in accordance with the EPA’s Waste Classification Guidelines and the following requirements before it is provided  to and approved by the certifier:

c)   Council’s Development Control Plan (Part Q: Waste Management and Minimisation).

d)   Details the following:

-     the contact details of the person(s) removing the waste

-     an estimate of the waste (type and quantity) and whether the waste is expected to be reused, recycled or go to landfill

-     the disposal and destination of all waste material spoil and excavated material

The applicant must ensure the waste management plan is referred to in the  construction site management plan and kept on-site at all times during construction.

Reason: To ensure resource recovery is promoted and local amenity protected during construction.

29. C.4 - Utilities and services

Consent shall be obtained from the relevant utility provider for any works that interfere with utility assets, prior to any works being undertaken.

       Reason: To ensure compliance with utility provider requirements (if applicable)

30. C.5 - Dilapidation report

Before the issue of a construction certificate, a suitably qualified engineer must prepare a dilapidation report detailing the structural condition of adjoining buildings, structures or works, and public land, to the satisfaction of the certifier. If the engineer is denied access to any adjoining properties to prepare the dilapidation report, the report must be based on a survey of what can be observed externally and demonstrate, in writing, to the certifier’s satisfaction that all reasonable steps were taken to obtain access to the adjoining properties.

Reason: To establish and document the structural condition of adjoining properties and public land for comparison as building work progresses and is completed.

31. C.7 - Car parking details

Before the issue of the relevant construction certificate, a suitably qualified engineer must review the plans which relate to parking facilities and provide  written evidence, to the certifier’s satisfaction, that it complies with the relevant parts of AS 2890 Parking Facilities- Off- Street Carparking and Council’s development control plan.

Reason: To ensure parking  facilities are designed in accordance with the Australian Standard and Council’s DCP.

32. C.8.T - Car parking details and additional Council requirements

Additional Council car parking requirements are set out below:

1.   The proposed car park design and access shall comply with AS 2890.1. This includes all parking spaces, ramps, and aisle widths

2.   All accessible car parking spaces are to be adequately signposted and line marked and provided in accordance with AS2890.6: 2009 including the adjacent shared space and height clearance.

3.   All other aspects of the car parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and Services Vehicles.

4.   All vehicles must exit the site in a forward direction

5.   Small car spaces must form no more than 10% of the overall parking provision in public car parks.

6.   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.

7.   The garbage collection and holding area is to be clearly signposted and linemarked and provided in accordance with AS2890.2: 2002.

       Reason: To comply with Council car parking requirements.

33. C.9.T - Car parking allocation and restrictions on excess spaces

Car parking spaces shall be allocated as per the required minimum car parking rates for staff and visitors (rounded up to the nearest whole number) contained in Part R: Traffic, Transport, and Planning of the LCDCP 2010.

The subdivision and sale of excess car parking spaces is prohibited.

       Reason: To comply with Council’s car parking requirements

34. C.13.EH - Hazardous or intractable wastes

Hazardous or intractable wastes arising from the site works, excavation and remediation process must be removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

·         Work Health and Safety Act 2011;

·         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);

·         Protection of the Environment Operations (Waste) Regulation 2005;

·         Waste Avoidance and Resource Recovery Act 2001; and

·         NSW EPA Waste Classification Guidelines (2014).

The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or Work Health & Safety Act 2011 and Regulations.

      Reason: To ensure health and safety

35. C.23.B - Sydney Water requirements

The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In” for approval.

       Reason: To comply Sydney Water requirements.

36. C.27.E - Proposed vehicular crossing

1.   The proposed vehicular crossing shall be constructed to the specifications and levels issued by the Council.

2.   The driveway opening width along at the face of kerb is to be no wider than that shown on the approved drawings.

3.   The driveway shall be set back a minimum 300mm away from any existing power pole and stormwater pit.

4.   Certification is to be provided by a suitably qualified engineer demonstrating compliance with AS 2890 Series including AS 2890.1.2004 “Off Street Car Parking”, and Council's standards and specifications.

5.   The following plans shall be prepared and certified by a suitably qualified engineer:

·         Longitudinal sections along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scraping provisions of AS2890.1. The sections shall include details of 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 demonstrating that the driveway complies with Australian Standards 2890.1-2004 - Off Street Car Parking.

·         Transitional grades in accordance with AS2890. 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 comply with the clearance provisions of AS2890.1.

Separate approval shall be obtained from Council for construction of the vehicular footpath crossing. All works associated with construction of the crossing shall be completed prior to the issue of any Occupation Certificate.

 Reason: To ensure the proposed vehicular crossing complies with Australian Standards and Council’s requirements.

PART D - BEFORE THE COMMENCEMENT OF BUILDING WORK

37. D.1 - 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.

38. D.2 - 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. Tree protection measures must comply with 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 and  retain trees.

39. D.3 - Signs on site

A sign must be erected in a prominent position on any site on which building work or demolition work is being carried out:

a)   showing the name, address and telephone number of the principal certifier for the work, and

b)   showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c)   stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work or demolition work is being carried out but must be removed when the work has been completed.

Note: This does not apply in relation to building work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

       Reason: Prescribed condition EP&A Regulation, clauses 98A (2) and (3).

PART E - WHILE BUILDING WORK IS BEING CARRIED OUT

40. E.1 - Hours of work

The principal certifier must ensure that building work, demolition or vegetation removal is only carried out between:

Monday to Friday (inclusive)              7.00am to 5.30pm

Saturday                                             7.00am to 12 noon

Sunday/public holidays                      No works permitted

High noise generating activities, including rock breaking and saw cutting is to be restricted between 8am and 5pm with a respite period between 12 noon and 2:30pm Monday to Friday to reduce noise impacts to the child care centre during the core rest period.

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.

The principal certifier must ensure building work, demolition or vegetation removal is not carried out on Sundays and public holidays, except where there is an emergency.

Unless otherwise approved within a construction site management plan, construction vehicles, machinery, goods or materials must not be delivered to the site outside the approved hours of site works.

Note: Any variation to the hours of work requires Council’s approval.

       Reason: To ensure reasonable amenity is maintained to the neighbouring properties.

41. E.2 - Compliance with the Building Code of Australia

Building work must be carried out in accordance with the requirements of the Building Code of Australia.

       Reason: Prescribed condition - EP&A Regulation clause 98(1)(a)

42. E.3 - Procedure for critical stage inspections

While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the     work may proceed in accordance with this consent and the relevant construction certificate.

Critical stage inspections are to be carried out in accordance with Section 6.5 of the EP&A Act 1979 and clauses 162A, 162B and 163 of the EP&A Regulation 2000. Where Lane Cove Council is appointed as the PCA, an inspection is to be booked for each of the following relevant stages (as relevant) during the construction process:

a)   underpinning

b)   retaining walls

c)   footings

d)   reinforced concrete work

e)   structural steelwork

f)    as requested by the Council.

      Reason: Statutory requirement.

43. E.4 - Implementation of the site management plans

While vegetation removal, demolition and/or building work is being carried out, the applicant must ensure the measures required by the approved construction site management plan and the erosion and sediment control plan are implemented at all times.

The applicant must ensure a copy of these approved plans is kept on site at all times and made available to Council officers upon request.

Reason: To ensure the required site management measures are implemented during construction.

44. E.6 - Surveys by a registered surveyor

While building work is being carried out, a registered surveyor is to measure and mark the positions of the following and provide them to the principal certifier —

a)    All footings/ foundations

b)    Finished floor level of the car park

c)    At other stages of construction – any marks that are required by the principal certifier.

       Reason: To ensure buildings are sited  and positioned in the approved location.

45. E.7 - Construction noise

While building work is being carried out, and where a noise and vibration management plan is approved under this consent, the applicant must ensure that any noise generated from the site is controlled in accordance with the requirements of that plan.

       Reason: To protect the amenity of the neighbourhood.

46. E.8 - 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 any arborist’s report approved under this consent and condition B14 . 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.

47. E.13 - Waste management

While building work, demolition or vegetation removal is being carried out, the principal certifier must be satisfied all waste management is undertaken in accordance with the approved waste management plan.

Upon disposal of waste, the applicant is to compile and provide records of the disposal to the principal certifier, detailing the following:

·         The contact details of the person(s) who removed the waste

·         The waste carrier vehicle registration

·         The date and time of waste collection

·         A description of the waste (type of waste and estimated quantity) and whether the waste is expected to be reused, recycled or go to landfill

·         The address of the disposal location(s) where the waste was taken

·         The corresponding tip docket/receipt from the site(s) to which the waste is transferred, noting date and time of delivery, description (type and quantity) of waste.

Note: If waste has been removed from the site under an EPA Resource Recovery Order or Exemption, the applicant is to maintain all records in relation to that Order or Exemption and provide the records to the principal certifier and Council.

 Reason: To require records to be provided, during construction, documenting that waste is         appropriately handled.

48. E.18.B - No obstruction of public way

The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.

       Reason: To ensure public safety.

49. E.19.B - Encroachments 

No portion of the proposed structure shall encroach onto the adjoining properties.

The proposed construction shall not encroach onto any existing Council drainage pipe or easement unless approved by Council. If a Council stormwater pipe is located at site during construction, Council is to be immediately notified. Where necessary the drainage 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 drainage pipe 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 ensure works are contained wholly within the subject site.

50. E.25 Special Condition – Excavation for stormwater services

Excavation required for the installation of stormwater services within the TPZ of Tree 63 must be overseen by the project arborist. Excavation is to be undertaken using hand tools only. Roots that conflict with services may be pruned by the project arborist using a sharp handsaw and documented within the compliance certificate.

Exposed roots must be treated in accordance with provisions outlined in section 4.5.4 of AA4970-2009.

Reason: To protect retained trees during construction E.26 Special condition – Demolition of    the existing carpark

Demolition of the existing carpark within the TPZ of T63 (10m radial distance) must be undertaken by the use of handheld pneumatic breaker tools under the supervision of the project arborist. All broken pieces must be loaded into an excavator bucket by hand before placed on a truck. No machinery excavation is to occur within this area

       Reason: To protect the root system of retained trees

51. E.27 – Special condition – Construction of the driveway

The construction of the new driveway between the Council crossover and carpark through the existing garden bed is to be constructed entirely above grade with the use of a permeable concrete.

       Reason: To maintain water filtration to protected trees within the existing garden bed.

52. E.28 – Special Condition – No access to adjoining reserve

There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

To protect both public and private bushland from adjacent development which could result in any adverse change to the condition of bushland through altered moisture conditions, increased nutrient levels, soil movement, invasive or inappropriate plant species and proximity of development.

        Reason:  In compliance to DCP part H.1 Objectives:

53. E.29 – Special condition – Stockpiling of Materials

No stockpiling of materials, building equipment or additional activities listed in section 4.2 of AS4970-2009 The Protection of trees on Development Sites is to occur within designated tree protection areas or on the Council Owned Nature Strip. All building materials must be stored within the subject site.

       Reason: To mitigate damage to Council land

54. E.30 – Installation of irrigation system

All landscaping areas have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.

       Reason: To ensure the establishment and future survival of tree plantings

PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

55. F.1 - 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:

a)   All stormwater drainage systems and storage systems

b)   The following matters that Council requires to be documented:

Insert as applicable

·         Compliance with Part O - Stormwater Management of Lane Cove DCP 2010. Where a variation is sought, written approval shall be obtained from Council’s Urban Services Division.

·         Compliance with the requirements for waste and recycling, and bulky waste storage room(s) set out in Part Q – Waste Management and Minimisation of Lane Cove DCP 2010. 

·         Compliance with AS-3500.

·         Certification from a suitably qualified engineer that the approved stormwater pipe system and on-site stormwater detention (OSD) system (where relevant) has been constructed in accordance with the approved plans.

·         Where relevant, registration of any positive covenants over the OSD system and basement pump out system.

·         Signed plans by a registered surveyor clearly showing the surveyor’s details and date of signature.

·         Evidence of removal of all redundant gutter and footpath crossings (where relevant) and reinstatement of all kerbs, gutter and footpaths to the satisfaction of Council’s Urban Services Division.

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.

56. F.2 - Completion of public utility services

Before the issue of the relevant occupation certificate, the principal certifier must ensure any adjustment or augmentation of any public utility services required as a result of the development, is completed to the satisfaction of the relevant authority. All costs associated with the relocation or removal of services shall be borne by the applicant.

The certifier must request written confirmation from the relevant authority that the relevant services  have been completed.

 Reason: To ensure required    changes to public utility services are completed, in accordance with the relevant agency requirements before occupation.

57. F.4 - Preservation of survey marks

Before the issue of an occupation certificate, a registered surveyor must submit documentation to the principal certifier which demonstrates that:

a)   no existing survey mark(s) have been removed, damaged, destroyed, obliterated or defaced, or

b)   the applicant has re-established any survey mark(s) that were damaged, destroyed, obliterated or defaced in accordance with the Surveyor General’s Direction No. 11 – Preservation of Survey Infrastructure.

      Reason: To protect the State’s survey  infrastructure.

58. F.5 - Repair of infrastructure

Before the issue of an occupation certificate, the applicant must ensure any public infrastructure 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.

59. F. 6 - Removal of waste upon completion

Before the issue of an occupation certificate, the principal certifier must ensure all refuse, spoil and material unsuitable for use on-site is removed from the site and disposed of, recycled or recovered in accordance with the approved waste management plan. Written evidence of the removal must be supplied to the satisfaction of the principal certifier.

Before the issue of a partial occupation certificate, the applicant must ensure the temporary storage of any waste is carried out in accordance with the approved waste management plan to the principal certifier’s satisfaction.

       Reason: To ensure waste material is appropriately disposed or satisfactorily stored.

60. F.7 - Completion of landscape and tree works

Before the issue of an occupation certificate, the principal certifier must be satisfied that all landscape and tree-works, including pruning in accordance with AS 4373-2007 Pruning of amenity trees and the removal of all noxious weed species, have been completed in accordance with the approved plans  and any relevant conditions of this consent.

Additional Council requirements are outlined below:

·         Certification of the above shall be provided by the project arborist (if applicable) or by a qualified practising landscape architect. Certification shall also be provided for the following:

­     subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings.

­     All landscaping areas have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.

Reason: To ensure the approved landscaping works have been completed before occupation, in accordance with the approved landscaping plan(s).

61. F.19  - Special condition – replacement planting

Trees that are removed must be replaced on a minimum 1:1 ratio to comply with provisions outlined within Part J Landscaping of the Lane Cove Council Development Control plan 2010 unless otherwise stated within this consent.

The following tree species are to be planted in accordance with approved landscape plans:

·                    1x Angophora costata (400L)

·                    10 x Elaeocarpus eumundii (400L)

·                    2 x Eucalyptus haemastoma / pilularis (200L)

·                    4 x Cyathea australis (200L)

1.                All replacement landscaping is to be maintained for the life of the development

2.                Reason: Trees must be installed and signed off by the project arborist Prior to the issue of an Occupation Certificate.