53 Sutherland Street, Lane Cove.

DETERMINATION

The applicant has made a written request pursuant to Section 4.6 of the Lane Cove Local Environmental Plan 2009.  After considering the request, and assuming the concurrence of the Secretary has been given, the Panel is satisfied that compliance with the height development standard is unnecessary in the circumstance of the case and that there are sufficient environmental planning grounds to support the variation.  The proposed development will be in the public interest because the exceedance is not inconsistent with the objectives of the standard and of the zone in which the development is to be carried out.

That pursuant to Section 4.15 of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 06 June 2023, exercising the functions of Council as the consent authority, grant consent to Development Application DA27/2023 for the alterations and additions to a dwelling house including a first floor and an attached carport, at 53 Sutherland Street, Lane Cove, subject to the following conditions:

PART A – GENERAL CONDITIONS

1.         A.1 - Approved plans

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

In the event of any inconsistency between the approved plans and a condition of this consent, the condition prevails.

Reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.

2.         A.3 - Payment of security deposits

Before the commencement of any works on the site, or the issue of a construction certificate, the applicant must make the following payment 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, and,

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

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

3.         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 of $1,000.00 as calculated at the date of this consent 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 principal certifier.

Reason: To ensure the long service levy is paid.

4.         A.9.T - Works on Council land

A separate application shall be made to Council’s Urban 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.

5.         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 TCSM, reference No: 23086, revision: A and dated in 13/03/23.:

1.         Proposed drainage system pipe sizes and invert levels up to the connection point are to be shown on the plans to confirm the pipe system satisfies Part O Stormwater Management DCP 2010.

2.         The stormwater requirements shown in Basix certificate shall be included in stormwater management plan and satisfied.

3.         Clean out pits are required at all low points of charged drainage line if charged pipe system is proposed.

4.         Sediment control fence shall be placed around the construction site and shown in plan

5.         Minimum of 1.8m height difference is required between start and end of the charged pipe system as per Section 5.1 in Part O Stormwater Management DCP 2010. The details of design level difference shall be shown in plan.

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:

a)         Compliance with the amendments detailed in this condition.

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

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

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

6.         A.12 – Construction Certificate

The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.

Reason: To ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.

PART B – PRIOR TO DEMOLITION WORKS

7.         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 Certifier and Council’s Environmental Health Section, prior to commencing any demolition works.

Reason: To ensure worker and public health and safety.

8.         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 2021.

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

9.         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 provided to and approved by the principal 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 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’

·        pedestrian and vehicular site access points and construction activity zones

·        location of site storage areas and sheds

·        equipment used to carry out all work

·        a garbage container with a tight-fitting lid

The applicant must ensure a copy of the approved construction site management plan is kept on-site at all times during construction.

Council Approvals

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

2.         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.

10.       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 principal 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

11.       C.24.E - Structural engineer’s details

The Construction Certificate plans and specifications must include detailed professional structural engineering plans and/or specifications for the following:

·        upper level floor framing;

Reason: To ensure structural adequacy.

PART D - BEFORE THE COMMENCEMENT OF BUILDING WORK

12.       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 is achieved over any bare ground on site).

Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways.

13.       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 any demolition or building work is being carried out but must be removed when these works have 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 under section 70 of the EP&A Regulation 2021.

14.       D.4 - Compliance with the Home Building Act

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Reason: Prescribed condition under section 69 of the EP&A Regulation 2021.

15.       D.5 - Home Building Act requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifier for the development to which the work relates (not being Council) has given Council written notice of the following information —

a)         In the case of work for which a principal contractor is required to be appointed -

i)       the name and licence number of the principal contractor, and

ii)       the name of the insurer by which the work is insured under Part 6 of that Act,

b)         In the case of work to be done by an owner-builder—

i)       the name of the owner-builder, and

c)         if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifier for the development to which the work relates (not being the Council) has given Council written notice of the updated information.

Reason: Prescribed condition under section 71 EP&A Regulation 2021.

PART E - WHILE BUILDING WORK IS BEING CARRIED OUT

16.       E.1 - Hours of work

All demolition work, including earthworks, deliveries of materials to and from the site to be restricted as follows:

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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.

Reason: To protect the amenity of the surrounding area.

17.       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 under section 69 of the EP&A 2021.

18.       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.

19.       E.5 - Implementation of BASIX commitments

While building work is being carried out, the applicant must undertake the development strictly in accordance with the commitments listed in the BASIX certificate submitted under this application.

Reason: To ensure BASIX commitments are fulfilled in accordance with the BASIX certificate (prescribed condition under section 75 of the EP&A Regulation 2021.

20.       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)         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

21.       E.7 - Construction noise

While building work is being carried out where no noise and vibration management plan is approved under this consent, the applicant is to ensure that any noise caused by demolition, vegetation removal or works does not exceed an LAeq (15 min) of 5dB(A) above background noise, when measured at any lot boundary of the property where these works are being carried out.

Reason:  To protect the amenity of the neighbourhood.

22.       E.9 - Responsibility for changes to public infrastructure

While building work is being carried out, the applicant must pay any costs incurred as a result of the approved removal, relocation or reconstruction of infrastructure (including ramps, footpaths, kerb and gutter, light poles, kerb inlet pits, service provider pits, street trees or any other infrastructure in the street footpath area).

Reason: To ensure the payment of approved changes to public infrastructure.

23.       E.15.B - Critical stage inspections

Critical stage inspections are to be carried out in accordance with Section 6.5 of the EP&A Act 1979 and sections 61, 63 and 65 of the Environmental Planning and Assessment (Development Certification and Fire safety) Regulation 2021.

Where Lane Cove Council is appointed as the principal certifier, an inspection is to be booked for each of the following relevant stages during the construction process:

a)         structural steelwork;

b)         upper level floor and roof framing; and

Reason: EP&A Act requirement.

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

The public way and Council verge 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.

25.       E.20.EH – 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.

Reason: To mitigate adverse environmental impacts on the surrounding area.

PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

26.       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:

·        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 AS-3500.

·        Certification from a suitably qualified engineer that the approved stormwater pipe system has been constructed in accordance with the approved plans.

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

·        Certification from suitable licenced contractor that the all works have been constructed satisfying relevant Australian standards.

·        Certification from qualified structural engineer that the proposed construction have been completed according to approved plan and structurally satisfied.

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.

27.       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 including gas, water, sewer, electricity, street lighting and telecommunications, required as a result of the development, is completed to the satisfaction of the relevant authority.

Before the issue of the occupation certificate, the principal 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.

28.       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 security/bond submitted will be used to cover the rectification work.

Reason: To ensure any damage to public infrastructure is rectified.

PART H - OCCUPATION AND ONGOING USE

29.       H.1 - Release of securities / bonds

When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition 2. Council may use part, or all of the securities held to complete the works to its satisfaction if the works do not meet Council’s requirements.

Reason: To allow release of securities and authorise Council to use the security deposit to complete works to its satisfaction.

  Panel Reasons

The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report.

The decision of the Panel was unanimous

26-50 Park Road, 27-47 Berry Road and 48-54 River Road

DETERMINATION

That  ppursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 6 June 2023, exercising the functions of Council as the consent authority, grant development consent to Development Application 23/2023 for demolition of buildings and associated structures at 26-50 Park Road, 27-47 Berry Road, and 48-54 River Road, St Leonard’s South, subject to the following 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.3 - Payment of security deposits (if applicable)

Before the commencement of any demolition works on the site, 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, kerbing and guttering, footway construction, stormwater drainage and environmental controls, required in connection with this consent, and

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

3.   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.

4.   A.12 Demolition work plan updated

The Demolition Work Plan prepared by Moits (Version 1.0, dated Feb 2023) shall be updated to be consistent with the conditions of this consent including (but not limited to) the approved Demolition Traffic Management Plan, tree protection measures in accordance with AS4970-2009, and waste management requirements.

Reason: To mitigate amenity and environmental impacts.

5.   A.13 Development consent is not granted in relation to these matters

This approval does not give consent to:

·    The removal of any trees or other vegetation without the consent of Council 

·    The removal of existing stormwater infrastructure

·    The installation of new stormwater infrastructure

·    Any site preparation works

Note: 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 ensure development is carried out in accordance with this consent.

PART B – PRIOR TO DEMOLITION WORKS

6.         A.12  (D1) 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: -

(a)         seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties;

(b)         detail what measures are to be taken to protect those properties from undermining during construction; and in order to retain the existing levels;

(c)      provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties.

The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

  (d)         provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

(e)    In the event that access for undertaking the dilapidation report is denied by a relevant property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority (PCA) that reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey. If these have failed, no such report is required.

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

7.   B.1.T    Demolition Traffic Management Plan

A demolition traffic management plan (DTMP) 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:-

a)         Make provision for all demolition materials to be stored on site, at all times.

b)         Specify demolition truck routes and truck rates. Nominated truck routes are to be distributed over the surrounding road network where possible.

c)         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.

d)         Include a Traffic Control Plan prepared by an RMS accredited ticket holder for any activities involving the management of vehicle and pedestrian traffic.

e)         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.

f)          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.

g)         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.

h)         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”.

The Demolition Work Plan prepared by Moits (Version 1.0, dated Feb 2023) shall be updated to be consistent with the approved Demolition Traffic Management Plan.

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

8.   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.

9.   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.

10. B.4.EH  Demolition work plan 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.

11. B.5.EH - Demolition environmental management plan (larger/more complex developments)

Prior to the commencement of any demolition works, a demolition environmental management plan (DEMP) must be prepared for the site and submitted to Council for written approval prior to the commencement of work. The DEMP must consider all potential environmental impacts from the approved works including but not limited to sedimentation control, contamination containment, stockpiles, noise and vibration, odours and dust emissions. All works must be undertaken onsite in accordance with the approved DEMP.

Reason: To ensure health and safety.

12. B.11.EH - On-site Containment

Should it be proposed to provide on-site containment/capping of asbestos or other contaminants, written details of the proposal must be contained in the Remedial Action Plan and must be referred to Council for consideration and written concurrence must be obtained from Council prior to implementation of the Remedial Action Plan.

Reason: To ensure health and safety.

13. C.1 – Demolition site management plan

Prior to any demolition works, the applicant must ensure a demolition 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 demolition activity zones

·        details of 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 demolition 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)

·        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 demolition 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 demolition site management plan is kept on-site at all times during demolition works.

Council Approvals

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

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

Additional Council Requirements

1.         Stockpiles or soil shall not be located on / near any drainage lines or easements, natural watercourses or water bodies, footpath or roadway without first providing suitable protective measures adequate to protect these water bodies.

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).

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

14. C.2 - Erosion and sediment control plan

Prior to any demolition works, 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 demolition works.

Reason: To ensure no substance other than rainwater enters the stormwater system and waterways

15. C.3 - Waste Management Plan (WMP)

Before the commencement of any demolition works, 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:

(i)         Council’s Development Control Plan (Part Q: Waste Management and Minimisation);

(ii)        Where sites adjoin bushland (private or public):

·    the WMP shall detail measures to mitigate any rubbish or foreign materials from entering the bushland;

·    Access through parks, reserves and bushland to the site is not permitted; and

·    Council’s Coordinator of Bushland must be notified of any accidental or intentional dumping of material in the bushland area.

Details of the following:

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

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

(iii)       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 demolition site management plan and kept on-site at all times during demolition.

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

16. C.12.EH - Offsite disposal of contaminated soil

All contaminated material to be removed from the site will need to be assessed, classified, and managed in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW EPA Waste Classification Guidelines (2014). Once assessed, the materials will be required to be disposed to a licensed waste facility suitable for the classification of the waste with copies of tipping dockets supplied to Council. 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.

Reason: To ensure health and safety.

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

Hazardous or intractable wastes arising from the demolition works 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.

18. C.16.EH – Demolition waste management plan

Prior to the commencement of any demolition works on the subject site, a Demolition Waste Management Plan (DWMP) must be prepared for the development by a suitably qualified person in consultation with the Council and be submitted for approval.

The DWMP must address, but not be 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 DWMP to Council’s Environmental Health Section for approval prior to the commencement of any demolition works.

Reason: To promote resource recovery and environmental protection.

19. D.1 - Erosion and sediment controls in place

Before the commencement of any site or demolition works, 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.

20. D.2 - Tree protection measures

Before the commencement of any demolition works, the principal certifier must ensure the measures for tree protection detailed in the demolition site management plan are in place. Tree protection measures shall comply with AS4970-2009 – Protection of trees on development sites.

The Demolition Work Plan prepared by Moits (Version 1.0, dated Feb 2023) shall be updated to include details of tree protection measures in accordance with AS4970-2009. No trees are permitted to be removed as part of this consent without separate Council approval.

Reason: To retail and protect trees on the site.

21. D.3 - Signs on site

A sign must be erected in a prominent position on any site on which the 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 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).

CONDITIONS TO BE COMPLIED WITH WHILE DEMOLITION WORKS ARE BEING CARRIED OUT

22. G.1 - Hours of work

All demolition work including earthworks, deliveries of materials to and from the site are to be restricted as follows:-

·        Monday to Friday (inclusive)    7am to 5.30pm 

·        High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5pm with a respite period between 12 noon to 1.30pm Monday to Friday

·        Saturday 8am to 12 noon with NO high noise generating activities, including 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.

A Notice/Sign showing permitted working hours and types of work permitted during these 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 or vegetation removal is not carried out on Sundays and public holidays, except where there is a 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 protect the amenity of the surrounding area.

23. Noise Control – Demolition Works Noise must be minimised as far as practicable, by the selection of appropriate methods and equipment, and by the use of silencing devices where practicable.

Reason: Safety and Amenity

24. Noise Level Restrictions – Demolition Works Noise from demolition works must comply with the following criteria:

a)      For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity; and

b)      For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity.

Reason: Safety and Amenity

25. Noise Monitoring Noise monitoring must be carried out by a qualified acoustic consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustic consultant must be implemented during the demolition work.

Reason: Safety and Amenity

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

While demolition work is being carried out, the applicant must ensure the measures required by the approved demolition 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 demolition works.

27. E.7 – Demolition 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.

28. E.8 - Tree protection

While demolition work is being carried out, the applicant must maintain all required tree protection measures in good condition in accordance with the demolition site management plan required under this consent, and the relevant requirements of AS 4970-2009 Protection of trees on development sites. 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 demolition works.

29. E.11 - Uncovering relics or Aboriginal objects

While demolition 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:

a)      relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

b)      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.

30. E.13 - Waste management

While demolition work 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 demolition, documenting that waste is appropriately handled.

E.16.T – Works zones

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 a Works Zone is required, the developer must give the Council at least six (6) weeks written notice prior to the date upon which use of the Works Zone will commence. The duration of the Works Zone approval shall be taken to commence from that date. All vehicular unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone.

Reason: To ensure pedestrian and traffic safety.

31. E.17.E – Heavy vehicle requirements

1.         All contractors are to be notified of Council’s requirements regarding truck cleanliness of vehicles leaving the site. A signed registered of all notified contractors is to be kept. Failure to comply shall result in the contractor not being permitted re-entry to the site.

2.         All vehicles transporting soil material to and from the site shall be covered by a tarpaulin or similar material in accordance with the Protection of the Environment Operations (Waste) Regulation, 1996 (as amended). Any breach will result in a PIN being issued.

3.         A truck shaker ramp is to be provided at the site exit point. Any sediment tracked onto any public roadway is to be cleared immediately.

Reason: To protect the environment.

32. 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.

33. E.20.EH – 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.

Reason: To mitigate adverse environmental impacts on the surrounding area.

34. E.22.EH - Environmental Impacts during demolition

The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1977 or the NSW Occupational Health and Safety Act (2000) & Regulations (2001).

Reason: To protect the environment.

35. (H3) Heavy Vehicle Duty Employee and Truck Cleanliness

The applicant shall:

(i)         Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site;

(ii)        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; and

(iii)       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.

36. (H5) 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.

37. (H4) Truck Shaker

A truck shaker ramp must be provided at the site 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.

38. (A6) Public Utility Relocation

If any public services are to be adjusted, because of the demolition works, 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.

CONDITIONS TO BE COMPLIED WITH FOLLOWING COMPLETION OF THE DEMOLITION WORKS

39. F.6 - Removal of waste upon completion

The principal certifier must ensure all refuse, spoil and material unsuitable for use on-site is removed from the site and disposed of 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.

Panel Reasons:

The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report.

The Panel notes the objection of Zsofia Korosy and notes that since the Development Application has been lodged it is to be determined and the Panel is unable to find any basis for its refusal, whilst acknowledging the preference of Ms Korosy for a deferment  pending the acquisition of the land requested for public purposes.

The decision of the Panel was unanimous

72 Helen Street, Lane Cove North.

DETERMINATION

The applicant has made a written request pursuant to Section 4.6 of the Lane Cove Local Environmental Plan 2009.  After considering the request, and assuming the concurrence of the Secretary has been given, the Panel is satisfied that compliance with the height development standard is unnecessary in the circumstance of the case and that there are sufficient environmental planning grounds to support the variation.  The proposed development will be in the public interest because the exceedance is not inconsistent with the objectives of the standard and of the zone in which the development is to be carried out.

That pursuant to Section 4.15 of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 06 June 2023, exercising the functions of Council as the consent authority, grant consent to Development Application DA6/2023 for the demolition of the existing shop top housing structures and construction of a residential flat building consisting of 6 units and basement parking, at 72 Helen North Street, Lane Cove, subject to the following 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.

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.

Building Code of Australia Compliance Matters

·    External window and doors situated within 3m from both side boundaries must be protected in accordance with C3.2 & C3.4 of the BCA.

·    The storage area located on Level 1 must be fire separated from the remainder of the building achieving an FRL 240/240/240 complying with Specification C1.1 of the BCA. 

·    All fire isolated exit doors and doors in paths of travel leading to an exit must swing in the direction of egress in accordance with D2.20 of the BCA.

·    The new residential flat building is greater than 4 stories in height. Pursuant to the “Fire Sprinkler Standards Code” the residential building must be provided with an “Automatic Fire Sprinkler System” installed throughout the whole building including the basement carpark level in accordance with Table E1.5, Specification E1.5a and complying with one of the following systems being either Australian Standard AS2118.1-(2017), AS2118.4-(2012), or FPAA101H (Sprinkler System).

·    Floor waste graded to a drainage system must be provided to all sole occupancy unit bathroom and laundries complying with F1.11 of the BCA. 

·    No combustible external cladding is permitted on the external wall facades of the building to ensure fire safety compliance with Parts C1.9, C1.14 of the NCC 2019 and to ensure compliance with the NSW Building Product (Safety) Act 2017.  

Disabled Access

The building work relating to proposed new residential development must comply with the National Construction Code (BCA) 2019 -Amendment 1. Disabled access must be provided from the allotment street boundary leading to the principal main front entrance of the building and leading to all areas normally used by the building occupants including compliant access to front entry unit doors, communal areas, external accessible ramps and pathways leading to the accessible toilet facility, lift provision and accessible basement carparking space in accordance with part D3 of the NCC 2019, and comply with the design and construction requirements of Australian Standard AS1428.1-2009, AS1428.4 and also meet compliance with the “Access to Building-Premise Standard 2010”.

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

3.         A.3 - Payment of security deposits

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, kerbing 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: 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 the street;

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

·        any adjustment works in Council’s land.

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 of $11,025.00 as calculated at the date of this consent 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 principal certifier.

Reason: To ensure the long service levy is paid.

5.         A.5 - Payment of section 7.11 contributions

The payment of a contribution for additional person/s and commercial floor space in accordance with Council’s Section 7.11 (S94) Contributions Plan shall be paid prior to the issue of any Construction Certificate. This payment is to be at the current 2022/2023 rate at the time of payment. The amount of $62,783.64 is required to be paid.  

NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

This contribution is for Community facilities, Open Space/Recreation and Roads under the Lane Cove Section 7.11 (S94) Contributions Plan which is available for inspection at the Customer Service Centre located at Lane Cove Council, No. 48 Longueville Road, Lane Cove.

*N/B The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions. Per dwelling contributions is below the cap.

The total S7.11 contribution for the residential component of the development is $113,834.00

Existing Commercial/Retail + Dwellings

The Section 7.11 Contributions applicable for Retail/Commercial Development – Traffic Management and Streetscape improvements (per m2 of gross floor area) at a rate of $145.41 per m² of GFA (2022/2023 Fees & Charges Schedule) are calculated as follows:

·    (Existing Commercial 76m²) x $145.41 (2022/2023) = $11,051.16

·    (Existing Dwelling 2 x two-bedroom) $20,000 x 2 = $40,000.00

·    Total existing $51,051.16

Total S7.11 Contribution

The required S7.11 contribution for the retail/commercial and residential components of the development is calculated as $113,834.00 - $51,051.16 = $62,783.64. A condition requiring payment has been recommended.

Reason: To ensure development contributions are paid to address the increased demand for public amenities and services resulting from the approved development.

6.         A.6.L - Landscape plan amendments

Before the issue of a construction certificate, the landscape plans are to be amended to be consistent with the landscaping indicated on the approved architectural plans.

Reason: To ensure adequate landscaping/tree canopy cover on the site and to protect adjacent bushland where relevant.

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

The protection of trees in Lane Cove is regulated under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP) parts 2.2 and 2.3 which prohibits the clearing of vegetation without the authority conferred by a permit granted by Council. Clearing under the SEPP is defined as:

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.

The clearing 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 per individual and $5, 500,000 per corporation.

The development is to be constructed in accordance with the following:

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 issue of a Construction Certificate.

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

8.         A.8.T   Traffic amendments

Before the issue of a construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments:

1.   Install wheel stops on all car parking spaces to prevent any collision with structures or objects.

2.   Provision for electrical vehicle including cabling to be provided for all car parking spaces.

Reason: To comply with Council’s Traffic Section requirements.

9.         A.9.T - Works on Council land

A separate application shall be made to Council’s Urban 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.

10.       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 ACOR, reference No: NSW220606, issue: F and dated on 28/02/23. This amended drainage plan is to satisfy Part O of the LC DCP 2010. The following changes are required:

1.         An OSD system is required. The design details for this system is to be shown on plan.

2.         Proposed drainage system shall show pipe sizes and invert levels up to the connection point; confirming pipe system satisfies part O of Council’ storm water DCP.

3.         The stormwater requirements shown in Basix certificate shall be included in stormwater management plan and satisfied.

4.         Subsoil seepage agg-line drainage is required around proposed retaining wall, dwelling, basement or as it is necessary and connected to proposed drainage system

5.         A pollution control pit (as shown in section 3.4.1 in part O of Council’s stormwater DCP) with mesh (RH3030) and sump(300mm minimum) is required within the site, at start of the connection pipe to the Council system. These details shall be shown in plan.

6.         Minimum of 1.8m height difference is required between start and end of the charged pipe system as per section 5.1 in Council DCP if charged system is used. The details of design level difference shall be shown in plan.

7.         Any proposed pipe line beneath of trafficable area shall be replaced by a suitable RHS

8.         A MUSIC analyses shall be carried out and a Gross Pollutant Trap (GPT) suitable for this site needs to be designed. The details of this GPT shall be shown in stormwater plan. A suitable access to the GPT for future maintenance is required.

9.         The OSD calculation shall be based on the calculation shown in Appendix 14 in part O of Council stormwater DCP.

10.       The detailed cross section of the OSD is required, showing levels, sizes, depths, widths volume, orifice size and overflow device

11.       A suitable overflow device shall be provided to OSD and the overflow from OSD shall be connected satisfactorily. The details of the overflow device such as levels, width and depth shall be shown in plan.

12.       Orifice size and invert level shall be shown in typical cross sections of the OSDs.

13.       To facilitate cleaning of the tank it is to have a suitable access grates and step iron bars.

14.       A suitable pump out system is required for the basement and 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 and submitted to Council.

15.       The proposed basement shall be constructed with water-proof walls around the basement

16.       Installation of pipe system near the protected trees must be assessed by Council Tree Officer

17.       Retaining walls are required along south-eastern and south-western boundary fence lines to stop stormwater entering the site

18.       All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified structural engineer.

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:

a)   Compliance with the amendments detailed in this condition.

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

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

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

11.       A.11 – Stormwater System connection to Council Inlet pit at the Norton Lane and Helen Street intersection.

The proposed stormwater connection to the kerb on Helen St is not supported. The stormwater system is to be connected to the nearest inlet pit at the Norton Lane and Helen Street intersection. The existing pipe system along Helen Street is to be extended to the front of the subject site. This proposed stormwater system is to comply with the requirements of Part O Stormwater Management DCP 2009.

Updated stormwater plans, including a longitudinal section of the above prescribed stormwater system and relevant calculations, shall be submitted to Council for consideration and approval Prior to the issues of the Construction Certificate. Approval will be granted from Council to confirm the satisfaction of this condition.

The connection of the Stormwater System to the unlet pit at Norton Lane and Helen Street Shall be completed Prior to the Issue of the Occupation Certificate.

Reason: To ensure that Stormwater runoff is appropriately managed.

12.       A.12 – Construction Certificate

The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.

Reason: To ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.

13.       A.13 – Fire Safety Measures

The provided “Fire Safety Schedule” and its list of fire safety measures are to be implemented.

Reason: To ensure fire safety.

14.       A.21.EH - Detailed site investigation

A Detailed Site Investigation report (DSI) is to be carried out following the demolition of the existing buildings/structures but PRIOR TO ANY EXCAVATION AND ANY CONSTRUCTION WORKS. The DSI shall 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. Any recommendations for further investigations identified in the Preliminary Site Investigation dated 1 August 2022 are to be carried out as part of the DSI. The DSI is to provide recommendations on the need for any further targeted investigation(s) and/or site remediation (if deemed necessary).

The DSI and remedial action plan (if recommended by the DSI) shall be undertaken/completed by a suitably qualified environmental consultant in accordance with relevant Acts/guidelines:

·        Contaminated Land Management Act 1977

·        NEPC National Environment Protection (Assessment of Site Contamination) Measure 1999 (as amended 2013) (NEPC, 2013); and

·        NSW EPA Guidelines for Consultants Reporting on Contaminated Lane (NSW EPA, 2020).

A NSW Environmental Protection Authority (EPA) Accredited Site Auditor shall provide a Site Audit Statement at the completion of the demolition and earthworks (and after any further investigation and/or remediation works), i.e. prior to construction, and provide a Validation Certificate to confirm that:

·        Any remediation works have been undertaken in accordance with the relevant requirements;

·        the site is suitable for its intended use; and

·        that all works have been completed in accordance with SEPP (Resilience and Hazards) 2021 and the NSW EPA requirements for consultants reporting on contaminated sites.

Note:

Prior to any remediation works, a Site Environmental Management Plan (SEMP) must be prepared by a suitably qualified environmental consultant. The SEM shall include measures to address the following matters:

a)         General site management, site security, barriers, traffic management and signage

a)         Hazard identification and control

b)         Worker health & safety, work zones and decontamination procedures

c)         Prevention of cross contamination

d)         Appropriate site drainage, sediment controls, and if necessary dewatering

e)         Air quality criteria to be implemented during remediation, in accordance with Part 8 of the WHS Regulation 2011

f)          Air and water quality monitoring requirements

g)         Air quality management measures for asbestos to protect on-site workers and the surrounding community during remediation, particularly in relation to dust mitigation

h)         Site work responses to be implemented during remediation should environmental monitoring criteria be exceeded

i)          Storage, handling, classification, and disposal of hazardous wastes

j)          contingency plans and incident reporting, including Health and Safety and environmental incident management

k)         Details of provisions for monitoring implementation of remediation works and persons/consultants responsible (to include contact name and numbers)

l)          Details for deliveries, parking and vehicular access to and from the site, ensuring adequate measure are in place to minimise environmental and neighbourhood disturbance

m)        Any other proposed preventative response procedures to manage the issue of public exposure to contaminants including but not limited to asbestos

n)         Containment control zones

o)         A copy of the Auditor approved Site Environment Management Plan is to be forwarded to Council prior to commencing remediation works.

Reason: To ensure that the site is suitable for its intended use.

15.       A.17 – NSW Police Conditions

The following Crime Prevention Through Environmental Design (CPTED) treatment options are to be implemented:

a)   The site will need to be clearly identified through a street number and be visible from the street. This will enable all emergency services to locate the premises.

b)   Appropriate signage should be erected inside and around the perimeter of the entire property to warn of security treatments in place e.g. “This site is under 24 hour video surveillance”.

c)   Appropriated modifications should be made where necessary to accommodate the increase in traffic congestion on surrounding streets and intersections.

d)   Bicycle parking should be in a secure area and covered with CCTV cameras.

e)   Mail boxes and parcel delivery areas should be secure and covered with CCTV cameras. If possible, a secure method for parcel delivery should be set up in the building.

f)    Storage cages should be made of suitably robust materials that can not easily be cut open and should be covered by CCTV cameras. Signs should be placed in the area warning residents not to leave valuable items in storage cages.

g)   Lighting within the site will need to be positioned in a way to reduce opportunities for offenders to commit crime ie vandalism and graffiti. The lighting will need to be sufficient to enable people to identify signs of intoxication and anti social behaviour. 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.

h)   Doors should 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.

i)    Windows within the site should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS:4145. Glass within doors and windows should be reinforced to restrict unauthorised access. The glass can be either fitted with a shatter-resistant film or laminated to withstand physical attacks.

j)    An electronic surveillance system should be included to provide maximum surveillance of all areas of the site including entry/exits, car parks, bicycle parking, mail areas and common areas. Cameras should also 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.

k)   An emergency control and evacuation plan should be implemented within the site and displayed for the information of residents.

l)    Wheelchair access should at no time be blocked nor impede access to anyone with a disability.

m)  The landscaping design around the site should be free from potential hiding places and provide sightlines throughout the site and into any surrounding areas such as car parks, playgrounds and recreational amenities. Trees and shrubs should be maintained regularly to reduce concealment opportunities and increase visibility. Avoid the use of landscaping materials which could, when mature, serve as screens or barriers to impede views.

n)   The boundaries of the site should be clearly identified to deter unauthorised persons from entering the site.

Reason: To ensure public safety through design.

PART B – PRIOR TO DEMOLITION WORKS

16.       B.1.T - Demolition Traffic Management Plan

As a result of the site constraints, limited vehicle access and parking, a demolition traffic management plan (DTMP) and report 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:-

a)   Make provision for all construction materials to be stored on site, at all times.

b)   Specify construction truck routes and truck rates. Nominated truck routes are to be distributed over the surrounding road network where possible.

c)   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.

d)   Include a Traffic Control Plan prepared by an RMS accredited ticket holder for any activities involving the management of vehicle and pedestrian traffic.

e)   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.

f)    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.

g)   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.

h)   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”.

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

17.       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 Certifier and Council’s Environmental Health Section, prior to commencing any demolition works.

Reason: To ensure worker and public health and safety.

18.       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 2021.

19.       B.4.EH - Demolition work plan The name, address, contact details and licence number of the Demolisher / Asbestos Removal Contractor.

a)   Details of hazardous materials (including asbestos).

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

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

d)   Measures to be implemented to minimise any airborne dust and asbestos.

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

f)    Other relevant details, measures and requirements to be implemented.

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

h)   Date the demolition works will commence.

Reason: To ensure health and safety.

20.       B.5.EH Construction environmental management plan

Prior to the commencement of any demolition and remedial works, a construction environmental management plan (CEMP) must be prepared for the site and submitted to Council for written approval prior to the commencement of work. The CEMP must consider all potential environmental impacts from the approved works including but not limited to sedimentation control, contamination containment, stockpiles, noise and vibration, odours and dust emissions. All works must be undertaken onsite in accordance with the approved CEMP.

Reason: To ensure health and safety.

21.       B.6.EH - Remediation Action Plan

If the Detailed Site Investigation report recommends that a Remediation Action Plan(RAP) is required, see Condition 14. The site shall be remediated in accordance with that RAP. 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.

22.       B.7.EH - Validation report and Section A audit statement

If the Detailed Site Investigation report recommends that a Remediation Action Plan(RAP) is required, see Condition 14. Upon completion of remediation works, a validation report must be prepared by an appropriately qualified and experienced environmental consultant. The validation report must be reviewed by a NSW EPA accredited site auditor and a site audit statement provided to council which indicates that the site has been remediated to the level required for the proposed land use. The site audit statement shall be submitted to council prior to the issue of an occupation certificate.

Reason: To ensure the that the site has been remediated to the level required for the approved land use.

23.       B.8.EH - Site suitability subject to an environmental management plan

Where the ongoing land use suitability and release of the section A site audit statement is dependent upon the implementation of an environmental management plan (EMP) in relation to any residual contamination remaining onsite, the EMP must be approved by the site auditor and Council prior to the issue of the final site audit statement. The owner of the land is required to comply with the ongoing obligations of any EMP which form part of the final site audit statement for the site.

Reason: To ensure suitability of the site subject.

24.       B.9.EH - General remediation requirement

Any contaminated land must be remediated to satisfy the relevant requirements of the Contaminated Land Management Act 1997 and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 2013 and details of compliance are to be provided to the site auditor and Council from a suitably qualified environmental consultant upon completion of the remediation works.

Reason: To ensure health and safety.

25.       B.10.EH - Interim Audit Service or Section B Site Audit Statement

A Site Audit Statement (SAS) issued under section (B) or an Interim Audit Advice Letter is to be provided to Council prior to the commencement of any remediation works to determine that:

i)          the nature and extent of the contamination has been appropriately determined AND

ii)         the investigation/remedial action plan/management plan is appropriate for the purpose stated above AND

iii)        the site can be made suitable for the intended uses.

            Reason: To ensure health and safety.

26.       B.11.EH - On-site Containment

Should it be proposed to provide on-site containment/capping of asbestos or other contaminants, written details of the proposal must be contained in the Remedial Action Plan and must be referred to Council for consideration and written concurrence must be obtained from Council prior to implementation of the Remedial Action Plan.

Reason: To ensure health and safety.

27.       B.12.EH - Remediation Site Environmental Management Plan

If the Detailed Site Investigation report recommends that a Remediation Action Plan (RAP) is required, see Condition 14. A Site Environmental Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Environmental Management Plan shall include measures to address the following matters:

a)         General site management, site security, barriers, traffic management and signage

b)         Hazard identification and control

c)         Worker health & safety, work zones and decontamination procedures

d)         Prevention of cross contamination

e)         Appropriate site drainage, sediment controls, and if necessary, dewatering

f)          Air quality criteria to be implemented during remediation, in accordance with Part 8 of the WHS Regulation 2011

g)         Air and water quality monitoring requirements

h)         Air quality management measures for asbestos to protect on-site workers and the surrounding community during remediation, particularly in relation to dust mitigation

i)          Site work responses to be implemented during remediation should environmental monitoring criteria be exceeded

j)          Storage, handling, classification, and disposal of hazardous wastes

k)         contingency plans and incident reporting, including Health and Safety and environmental incident management

l)          Details of provisions for monitoring implementation of remediation works and persons/consultants responsible (to include contact name and numbers)

m)        Details for deliveries, parking and vehicular access to and from the site, ensuring adequate measure are in place to minimise environmental and neighbourhood disturbance

n)         Any other proposed preventative response procedures to manage the issue of public exposure to contaminants including but not limited to asbestos

o)         Containment control zones

p)         A copy of the Auditor approved Site Environment Management Plan is to be forwarded to Council prior to commencing remediation works.

Reason: To ensure health and safety.

28.       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 of the consent, prior to demolition works

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

·    Oversee the demolition and construction of new driveway

·    Oversee the excavation for stormwater and fire suppression services

·    Oversee the excavation for boundary fence piers

·    Oversee the excavation for retaining walls

·    Provide quarterly 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 are protected and retained on the site.

29.       B.14. L – Tree Protection 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:

1.   Along the area marked within the tree protection plan on page 19 of the supplied Arborist Report by Advanced Treescape Consulting dated 24/6/22. Fence is to be offset a minimum of 1m from trunks of trees. This area of deep soil is to be mulched to a depth of 75mm using a coarse weed free woodchip mulch and irrigated for the life of construction using a timed drip fed system.

2.   Offset 3m from Tree 1 at the front of the site to form a “Box”

Encapsulating the entire grassed area of nature strip surrounding trees 14 and 15.

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 sites or appendix E of the Supplied Arborist Report. 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

30.       B.14. L – 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.

(a)  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

(b)  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 the existing condition of the trees to be retained and protected.

31.       B.16. L - Site Specific Tree protection plan and Construction Management Plan

Prior to the Issue of a Construction Certificate, 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.

Reason: To ensure the protection of retained trees.

PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

32.       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 provided to and approved by the principal 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.

·    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’.

·    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.

·    The appointment of a project arborist of minimum AQF Level 5 qualification to oversee/monitor tree(s) condition during the construction process.

·    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.

·    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.

·    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.

Council Approvals

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

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

3.         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.

Additional Council Requirements

1.         Stockpiles or soil shall not be located on / near any drainage lines or easements, natural watercourses or water bodies, footpath or roadway without first providing suitable protective measures adequate to protect these water bodies.

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

33.       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 principal 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

34.       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:

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

b)         Where sites adjoin bushland (private or public):

-        the WMP shall detail measures to mitigate any rubbish or foreign materials from entering the bushland.

-        Access through parks, reserves and bushland to the site is not permitted.

-        Council’s Coordinator of Bushland must be notified of any accidental or intentional dumping of material in the bushland area.

c)         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.

35.       C.4 - Utilities and services

Before the issue of the relevant construction certificate, the applicant must submit the following written evidence of service provider requirements to the certifier:

a)         a letter of consent from the electricity supplier demonstrating that satisfactory arrangements can be made for the installation and supply of electricity.

b)         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.

c)         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.

36.       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.

37.       C.6 - Adaptable units

Before the issue of the relevant construction certificate, the applicant must ensure a report from a suitably qualified consultant is prepared and demonstrates, to the certifier’s satisfaction, that Unit 1 and Unit 3 specified in the approved plans and supporting documentation comply with the provisions of AS 4299-1995 Adaptable Housing Standards.

Reason: To ensure adaptable units are designed in accordance with the Australian Standard.

38.       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.

39.       C.11.T - Basement car park safety and functionality

Prior to the issue of the relevant construction certificate, a Traffic Report demonstrating the safety and functionality of the basement car park, including details of the proposed car stacker system is to be submitted to and approved by Council’s Traffic Department.

Reason: To ensure safety and functionality of the basement car park.

40.       C.12.EH - Offsite disposal of contaminated soil

Any contaminated material this is identified is to be removed from the site and must be assessed, classified, and managed in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW EPA Waste Classification Guidelines (2014). Once assessed, the materials are required to be disposed to a licensed waste facility, suitable for the classification of the waste, with copies of tipping dockets supplied to Council. 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.

Reason: To ensure health and safety.

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

Hazardous or intractable wastes arising from the site works, excavation and remediation process (if required) 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.

42.       C.15.EH - Evidence of disposal of all waste, spoil and excavation material

As soon as practicable after demolition is completed, documentary evidence detailing the destination of waste materials in accordance with the Waste Management Plan is to be submitted to the Principal Certifying Authority.

Reason: To ensure waste is managed in accordance with the approved Waste Management Plan.

43.       C.16.EH - Construction waste management plan

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

The CWMP must address, but not be 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 CWMP for review to Council prior to the commencement of work.

Reason: To promote resource recovery and environmental protection.

44.       C.20.EH - Compliance with acoustic report

The Construction Certificate drawings shall demonstrate compliance with the recommendations contained in the Acoustic Report, prepared by Acoustic Logic, Revision 0 dated 31/05/2022. The Report is to include details of the specified AC plant and any other plant equipment for which details are unknown at the DA stage.

Reason: To ensure acoustic mitigation measures adhere to relevant standards/requirements.

45.       C.22.B - Accessibility requirements

The construction drawings shall detail compliance with:

d)         relevant Disability (Access to premises – buildings) standards 2021 including AS1428.1 (as amended);

e)         Disability Discrimination Act 1992;

f)          Building Code of Australia; and

g)         recommendations contained in the approved Access Report (where relevant).

Reason: To ensure equitable access.

46.       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.

47.       C.24.E - Structural engineer’s details

The Construction Certificate plans and specifications must include detailed professional structural engineering plans and/or specifications for the following:

·    underpinning;

·    retaining walls;

·    footings;

·    reinforced concrete work;

·    structural steelwork;

·    upper level floor framing;

and where relevant in accordance with any recommendations contained in an approved geotechnical report.

Reason: To ensure structural adequacy.

48.       C.25.E - Construction methodology report

Where 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 the Principal Certifying Authority prior to issue of any Construction Certificate;

·    include a geotechnical report to determine the design parameters appropriate to the specific development and site;

·    include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

·    include a traffic management plan as well as storage and manoeuvring areas, impacts on public assets and appropriate remedial works on Council assets.

The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

Reason: To protect neighbouring buildings.

49.       C.26.E - On-site stormwater detention requirements

Certification shall be obtained from a suitably qualified Engineer that:

a)   the on-site stormwater detention (OSD) system complies with the requirements under Part O of Council’s DCP; and

b)   the CC drawings and specifications indicate the following:

-        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.

-        All access grates to the onsite stormwater detention tank are to be hinged and fitted with a locking bolt and installed as per Section 7.4.2 of part O of Council DCP. Any tank greater than 1.2 m in depth must be fitted with step irons.

Reason:  To ensure compliance with Council’s requirements.

50.       C.27.E - Proposed vehicular crossing

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

b)         The driveway opening width along at the face must be as shown in the architectural drawing.

c)         The driveway shall be setback a minimum 300mm away from any existing power pole and stormwater pit.

d)         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.

e)         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 complies with the clearance provisions of AS2890.1.

A ‘Construction of Residential Vehicular Footpath Crossing’ application, design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 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

51.       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 is achieved over any bare ground on site).

Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways.

52.       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 any demolition or building work is being carried out but must be removed when these works have 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 under section 70 of the EP&A Regulation 2021.

53.       D.4 - Compliance with the Home Building Act

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Reason: Prescribed condition under section 69 of the EP&A Regulation 2021.

54.       D.5 - Home Building Act requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifier for the development to which the work relates (not being Council) has given Council written notice of the following information —

a)         In the case of work for which a principal contractor is required to be appointed -

i)       the name and licence number of the principal contractor, and

the name of the insurer by which the work is insured under Part 6 of that Act,

b)         In the case of work to be done by an owner-builder—

i)       the name of the owner-builder, and

c)         if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifier for the development to which the work relates (not being the Council) has given Council written notice of the updated information.

Reason: Prescribed condition under section 71 EP&A Regulation 2021.

55.       D.6 - Notice regarding dilapidation report

Before the commencement of any site or building work, the principal certifier must ensure the adjoining building owner(s) is provided with a copy of the dilapidation report for their property(ies) no less than 7 days before the commencement of any site or building works and provide a copy of the report to Council at the same time.

Reason: To advise neighbours and Council of any dilapidation report.

PART E - WHILE BUILDING WORK IS BEING CARRIED OUT

56.       E.1 - Hours of work

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 be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday

Saturday                                                   8am to 12 noon

with NO high noise generating activities, including 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.

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.

Reason: To protect the amenity of the surrounding area.

57.       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 under section 69 of the EP&A 2021.

58.       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.

Reason: To require approval to proceed with building work following each critical stage inspection.

59.       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.

60.       E.5 - Implementation of BASIX commitments

While building work is being carried out, the applicant must undertake the development strictly in accordance with the commitments listed in the BASIX certificate submitted under this application.

Reason: To ensure BASIX commitments are fulfilled in accordance with the BASIX certificate (prescribed condition under section 75 of the EP&A Regulation 2021.

61.       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)         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

62.       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.

63.       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 and any Arborist’s report approved under this consent. This includes maintaining adequate soil grades and ensuring all machinery, builder’s refuse, spoil and materials remain outside tree protection zones.

Reason: To protect trees during construction.

64.       E.9 - Responsibility for changes to public infrastructure

While building work is being carried out, the applicant must pay any costs incurred as a result of the approved removal, relocation or reconstruction of infrastructure (including ramps, footpaths, kerb and gutter, light poles, kerb inlet pits, service provider pits, street trees or any other infrastructure in the street footpath area).

Reason: To ensure the payment of approved changes to public infrastructure.

65.       E.10 - Shoring and adequacy of adjoining property

If the development involves any excavation that extends below the level of the base of the footings of a building, structure or work on adjoining land (including any structure or work within a road or rail corridor), the person having the benefit of the development consent must, at the person’s own expense —

a)         Protect and support the building, structure or work from possible damage from the excavation, and

b)         Where necessary, underpin the building, structure or work to prevent any such damage.

This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

Reason: Ensure compliance with the EP&A Regulation.

66.       E.12 - 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:

a)         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.

b)         All fill material imported to the site must be Virgin Excavated Natural 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.

67.       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.

68.       E.15.B - Critical stage inspections

Critical stage inspections are to be carried out in accordance with Section 6.5 of the EP&A Act 1979 and sections 61, 63 and 65 of the Environmental Planning and Assessment (Development Certification and Fire safety) Regulation 2021.

Where Lane Cove Council is appointed as the principal certifier, an inspection is to be booked for each of the following relevant stages during the construction process:

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor and roof framing; and

Reason: EP&A Act requirement.

69.       E.16.T – Works zones

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 a Works Zone is required, the developer must give the Council at least six (6) weeks written notice prior to the date upon which use of the Works Zone will commence. The duration of the Works Zone approval shall be taken to commence from that date. All vehicular unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone.

Reason: To ensure pedestrian and traffic safety.

70.       E.17.E – Heavy vehicle requirements

1.         All contractors are to be notified of Council’s requirements regarding truck cleanliness of vehicles leaving the site. A signed registered of all notified contractors is to be kept. Failure to comply shall result in the contractor not being permitted re-entry to the site.

2.         All vehicles transporting soil material to and from the site shall be covered by a tarpaulin or similar material in accordance with the Protection of the Environment Operations (Waste) Regulation, 1996 (as amended). Any breach will result in a PIN being issued.

3.         A truck shaker ramp is to be provided at the construction exit point. Any sediment tracked onto any public roadway is to be cleared immediately.

Reason: To protect the environment.

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

The public way and Council verge 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.

72.       E.19.B – Encroachments

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

2.         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. The 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

73.       E.20.EH – 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.

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 adverse environmental impacts on the surrounding area.

74.       E.21.EH - Storage and assessment of potentially contaminated soils

a)         All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.

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

Reason: To mitigate adverse environmental impacts on the surrounding area.

75.       E.22.EH - Environmental Impacts during construction

The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1977 or the NSW Occupational Health and Safety Act (2000) & Regulations (2001).

Reason: To protect the environment.

76.       E.27.L – Excavation for piers for eastern boundary fence

The construction of boundary fences within the TPZ of trees 7 – 11 must be undertaken using an isolated pier and beam method. Excavation for piers within the Structural Root Zone of trees 7 – 11 must be done so via the use of hand tools only under the supervision of the project arborist. Pier locations must be flexible, with no roots greater than 30mm diameter to be pruned. A 150mm buffer must be allowed for roots greater than 30mm diameter at allow for future growth. Tree roots less than 30mm that conflict with pier locations must be severed cleanly with a sharp implement in accordance with provisions outlined in section 4.5.4 of AS4970-2009. All roots greater than 30mm diameter must be documented by the project arborist for site compliance.

Reason: To protect the root system of retained trees.

77.       E.28.L – Excavation for stormwater services and Fire hydrant booster

The excavation required for the installation of stormwater services within the TPZ of trees 1, 14 and 15 must be overseen by the project arborist. Excavation is to be undertaken using hand tools only. No roots greater than 30mm diameter are to be severed as part of works. A 150mm buffer must be given to roots greater than 30mm diameter at allow for future growth. Roots less than 30mm diameter that conflict with services may be pruned by the project arborist using a sharp handsaw and documented within the compliance certificate. No excavation is to occur within the SRZ of these trees for the installation of services.

Reason: To protect the root system of retained trees.

78.       E.29.L – Demolition and construction of the driveway and crossover

The Demolition of the existing driveway within a 2m radial distance of Trees #2 (7x Cupressus spp) is to be undertaken via the use of pneumatic breaker tools only under supervision of the project arborist. Once hardscape within this zone has been removed, a layer of loose, friable sandy loam mix of weed free soil is to be introduced to the natural ground level of the trees. Once the soil has been topped up, this area of deep soil is to be protected in accordance with condition B14. Roots discovered within this area must be documented by the project arborist. No machinery is to be used within the area earmarked as Deep Soil.

Demolition of the existing driveway crossover must be undertaken using handheld pneumatic breaker tools under the supervision of the project arborist.

Excavation for the widening of the driveway crossover is to be undertaken using hand tools only under supervision of the project arborist. Excavation must be done only to the required depth of crossover, no roots greater than 30mm are to be pruned for the crossover. Roots less than 30mm must be documented by the project arborist and pruned with a sharp implement. Exposed roots to be treated in accordance with section 4.5.4 of as4970-2009.

Construction of the new driveway must be overseen by the project arborist to ensure no spillage or soil leaching of concrete occurs on the Council nature strip

Reason: To protect the root system of retained trees.

79.       E.30.L – Excavation for retaining walls at rear of property

The excavation along the proposed lines for the retaining walls must be undertaken by hand tools only to a depth of 1m under the supervision of the project arborist. Once the specified depth has been achieved, it is to be measured and signed off by the project arborist for compliance before mechanical machinery is to be used. Roots greater than 30mm diameter are to be documented within this area and pruned with a sharp implement. Exposed roots shall be protected in accordance with section 4.5.4 of AS4970-2009 The protection of trees on Development Sites.

Reason: To protect the root system of retained trees.

PART F - BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

80.       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:

·    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 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.

·    Certification from Stormwater Consultant who install GPT that the storm filter devices and cartridges have been installed satisfying relevant Australian Standards  

·    Certification from suitable licenced contractor that the all works have been constructed satisfying relevant Australian standards.

·    Certification from qualified structural engineer that the proposed construction have been completed according to approved plan and structurally satisfied

·    A Works As Executed (WAE) survey plan of the new street drainage system on Helen St will need to be prepared and certified by qualified Engineer to demonstrate that the drainage extension constructed is in accordance with the approved plan.

·    Evidence of removal of all redundant gutter and footpath crossings and reinstatement of all kerb, 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.

81.       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 including gas, water, sewer, electricity, street lighting and telecommunications, required as a result of the development, is completed to the satisfaction of the relevant authority.

Before the issue of the occupation certificate, the principal 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.

82.       F.3 - Post-construction dilapidation report

Before the issue of an occupation certificate, a suitably qualified engineer must prepare a post-construction dilapidation report, to the satisfaction of the principal certifier, detailing whether:

a)         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

b)         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 adjoining properties resulting from building work on the development site.

83.       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.

84.       F.5 - Repair of infrastructure

Restoration of disturbed Council land and assets is the responsibility of the applicant. 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 security/bond submitted will be used to cover the rectification work.

Reason: To ensure any damage to public infrastructure is rectified.

85.       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 the site is removed from the site and disposed of in accordance with the 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 of or satisfactorily stored.

86.       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.

·        Evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect for a period of at least 12 months from the date of issue of the OC.

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

87.       F.10.E – Footpaths

1.         All footpaths adjacent to and within 25m of the site are 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 is to be clear of any obstructions including tree branches.

2.         The levels of the street alignment shall be obtained from Council and incorporated into the design to ensure consistent street alignment levels.

Reason: To ensure public amenity and safety.

88.       F.11.EH - Compliance with acoustic report

At completion of the construction works and prior to the issue of any occupation certificate for stage 1, a validation certificate is to be submitted to the Principal Certifier confirming that the development has been constructed in accordance with the acoustic report, and that the internal noise levels have been achieved.

Reason: To ensure adequate internal acoustic amenity.

89.       F.18.EH - Waste collection / deed of indemnity

Prior to the issue of any Occupation Certificate, the applicant is to complete Council’s Deed of Indemnity for its waste contractor to enter the premises to collect waste and recycling.

This is to be submitted to Council at least forty (40) days, prior to any occupation of the building.

Reason: To manage risk to any Council infrastructure.

90.       F.19.L – Replacement Planting

Trees that are removed must be replaced on a 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 proposed Acer palmatum (Japanese maple) located at the front of the property is to be substituted for 1x Nyssa sylvatica (Tupelo) to offset the loss of mature trees. The tree must be planted from a container size of no less than 200L.

Tree selected must be front a registered nursery and comply with provisions outlined within AS2303:2018 Tree Stock for Landscape Use.

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

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

Reason: To ensure replacement planting thrives.

91.       F.21.L – Landscape practical completion report

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 The Applicant must ensure that electronic copies are received by Lane Cove Council at the following address: service@lanecove.nsw.gov.au prior to the release of any form or Occupation Certificate..

Reason:  to ensure the landscape installation is compliant with the approved, stamped landscape plans

92.       F.22.L – 12 Month Maintenance agreement

Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.  The Applicant must ensure that electronic copies are received by Lane Cove Council at the following address: service@lanecove.nsw.gov.au prior to the release of any form or Occupation Certificate.

Reason:  to ensure the ongoing health and vitality of the plants during the establishment period.

93.       F.23.L – Final Landscape Maintenance Agreement

At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council 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.  The Applicant must ensure that electronic copies are received by Lane Cove Council at the following address: service@lanecove.nsw.gov.au prior to the release of any form or Occupation Certificate.

Reason: to ensure plants are well established.

94.       F.24.L – Automatic irrigation system

All landscaping areas shall have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants that have been installed as part of the development.  The watering times and frequencies are to be adjusted seasonally to account for the different watering requirements for the temperatures and hours of sunlight for each season and maintained for the life of the development.  This obligation shall become the responsibility of the Strata Management outside the Council appointed maintenance period.

All plants shall be maintained in a healthy condition for the life of the development with replacement plants installed within 6 months of their demise.  This obligation shall become the responsibility of the Strata Management outside the Council appointed maintenance period.

Reason: To ensure the survival of the plants.

95.       F.25.L – Waterproofing and soil Certification

A certificate must be submitted by a qualified  landscape architect, Landscape / environmental designer or horticulturist, 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. Works must not progress until Council or the accredited certifier has confirmed that this condition has been fully satisfied.  The Applicant must ensure that electronic copies are received by Lane Cove Council at the following address: service@lanecove.nsw.gov.au prior to the release of any form or Occupation Certificate.

Reason:  to ensure that no water can egress from raised garden beds by any other method than those proposed by the stormwater drainage plans.

PART H - OCCUPATION AND ONGOING USE

96.       H.1 - Release of securities / bonds

When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held in accordance with Condition 3. Council may use part, or all of the securities held to complete the works to its satisfaction if the works do not meet Council’s requirements.

Reason: To allow release of securities and authorise Council to use the security deposit to complete works to its satisfaction.

97.       H.2 - Annual fire safety certificate 

During occupation and ongoing use of the building, the applicant must provide an annual fire safety statement to Council and the Commissioner of Fire and Rescue NSW in accordance with clause 177 of the EP&A Regulation.

Reason: To satisfy Council’s Engineering requirements to ensure annual checks on fire safety measures.

98.       H.3 - Location of mechanical ventilation

During occupation and ongoing use of the building, the applicant must ensure all subsequently installed noise generating mechanical ventilation system(s) or other plant and equipment that generates noise are in an appropriate location on the site (including a soundproofed area where necessary) to ensure the noise generated does not exceed 5dBa at the boundary adjacent to any habitable room of an adjoining residential premises.

Reason: To satisfy Council’s Engineering requirements. To protect the residential amenity of neighbouring properties.

99.       H.4 – Maintenance of wastewater and stormwater treatment device

During occupation and ongoing use of the building, the applicant must ensure all wastewater and stormwater treatment devices (including drainage systems and on-site detention) are regularly maintained, to remain effective and in accordance with any positive covenant (if applicable).

Reason: To satisfy Council’s Engineering requirements. To protect sewerage and stormwater systems.

100.     H.7.EH – Noise

On-going use of the approved development shall not give rise to any offensive noise as defined in the PEOA Act 1997, including noise from any mechanical plant, public address system or sound amplifying equipment.

Reason: To satisfy Council’s Engineering requirements. To ensure acoustic amenity.

101.     H.10 – Landscape Practical Completion report

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 The Applicant must ensure that electronic copies are received by Lane Cove Council at the following address: service@lanecove. nsw.gov.au prior to the release of any form or Occupation Certificate..

Reason: To ensure the landscape installation is compliant with the approved, stamped landscape plans.

102.     H.11 – Landscape 12 Month Maintenance Agreement

Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.  The Applicant must ensure that electronic copies are received by Lane Cove Council at the following address: service@lanecove.nsw.gov.au prior to the release of any form or Occupation Certificate

Reason: To ensure the ongoing health and vitality of the plants during the establishment period.

103.     H.12 – Final Landscape Maintenance Agreement:

At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council 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.  The Applicant must ensure that electronic copies are received by Lane Cove Council at the following address: service@lanecove.nsw.gov.au prior to the release of any form or Occupation Certificate.

Reason: To ensure that the landscaping thrives.

104.     H.15 - Separate Application for Subdivision

            A separate application to Council is required for any subsequent subdivision of the consolidated development site.

            Reason: To ensure the subdivision provides for orderly development and the provision of shared communal open space.

105.     H.16 – Property Numbering

Prior to registration of any strata plan, submit to Council for approval a schedule of unit numbers against lot numbers.

Reason:   To ensure the numbering system is in accordance with Australian Standard AS/NZS 4819:2011, and the NSW Address Policy and User Manual

Panel reasons

The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report.

The Panel notes the objections of owners in the adjoining property 60-70 Helen Street.  However the Panel is satisfied that since the development complies with the FSR development standard, it is not an over-development, and that the overall design of the proposed building has been sensitively designed to minimise the impact to the adjoining development.

The decision of the panel was unanimous