Minutes
Lane Cove Local Planning Panel Meeting
21 June 2023
Minutes
Lane Cove Local Planning Panel Meeting
21 June 2023
Lane Cove Local Planning Panel 21 June 2023
Minutes
PRESENT: Hon David Lloyd, KC, Chairman, Mr Kevin Hoffman, Planning Expert, Mr Jason Perica, Planning Expert, Ms Melanie Naidoo, Community Representative
ALSO PRESENT: Mr Mark Brisby, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Greg Samardzic, Senior Town Planner, Mr Andrew Bland, Town Planner and Ms Angela Panich, Panel secretary
DECLARATIONS OF INTEREST: Nil
Apologies
Nil
Lane Cove Local Planning Panel Reports
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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 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 21 June 2023, exercising the functions of Council as the consent authority, grant consent to Development Application 163/2022 for demolition of existing structures and construction of a serviced apartment development (70 units) over basement parking at 1A Epping Road, Lane Cove North, 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.
Before the issue of a construction certificate, Council’s Executive Manager, Environmental Services must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved plans and supporting documentation stamped by Council: a) The public laundry at basement level is to be deleted. b) Units shall be reconfigured to ensure that sleeping rooms do not include cooking facilities. c) Laundry facilities comprised of a washer and dryer (combination acceptable) shall be provided in each unit. d) The following kitchen facilities will be provided within each unit – cooktop, oven, sink (in addition to the bathroom sink), microwave, fridge, dishwasher). e) A minimum of twenty-one (21) two (2) or more bedroom apartments (30%) shall be provided to ensure an appropriate mix of accommodation which can be achieved by dual-key inter-connecting doors or other suitable means. f) The proposed stormwater line on the western side of the building within the Protection Zones of Trees 1-3 is to be relocated outside of Council land and must run solely within the building footprint. Connection from underneath the building is to be done to the pit located at SL 55.94 in the southwestern corner of the building to then connect to the Stormwater pit within the gutter at SL 55.33. The civil engineering plans are to be updated accordingly. g) All architectural and landscape plans are to be updated to reflect the following: All garden beds within the site must comply with the Soil Volume minimum standards listed under the provisions of the Lane Cove DCP 2010, Part J, Section 1.10 Planting on structures. h) Compliance with the recommendations contained in the Traffic Noise Assessment Report (Ref: BA221014) Version A dated Dec 2022, prepared by Blackett Acoustics. i) A Electric Vehicle Charging Station, with a 32-amp circuit (also to be installed prior to issue of an Occupation Certificate).
Reason: To require minor amendments to the approved plans and supporting documentation following assessment of the development.
3. A.3 - Payment of security deposits (if applicable) Before the commencement of any works on the site or the issue of a construction certificate, the applicant must make all of the following payments to Council and provide written evidence of these payments to the Certifier:
The payments will be used for the cost of: · making good any damage caused to any council property (including street trees) as a consequence of carrying out the works to which the consent relates, · completing any public work such as roadwork, 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: The inspection fee includes Council’s fees and charges and includes the Public Road and Footpath Infrastructure Inspection Fee (under the Roads Act 1993). The amount payable must be in accordance with council’s fees and charges at the payment date. Note: Council inspection fees are calculated in accordance with Council’s fees and charges at the payment date. Note: Required Council inspections for civil works involving Council assets are to be carried out prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / set out requirements.
The following items are to be inspected: · proposed stormwater connection to existing Council pit; · 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.5 – Payment of Section 7.11 Contribution
The total contribution payable to Council under this condition is $7,706.73 towards traffic management and streetscape improvements, open space and recreation facilities, drainage, and community facilities, as calculated at the date of this consent, in accordance with Lane Cove Council’s 7.11 Contribution Plan.
The contribution is to be paid prior to the issue of a Construction Certificate and to be at the current rate at time of payment.
The contribution is based on 53m2 (1,861m² proposed. Credit for 1,808m² existing) and the current (2023/2024) contribution rate of $145.41 per square metre of additional commercial floor space.
Lane Cove Council’s Section 7.11 Contributions Plan is available for inspection at the customer service counter, Lane Cove Council, 48 Longueville Road, Lane Cove.
Note: Payment must be in bank cheque. Personal cheques will not be accepted.
Reason: Payment of section 7.11 contributions.
5. 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 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 certifier.
Reason: To ensure the long service levy is paid.
6. A.7.L Tree preservation and approved landscaping works All landscape works shall be undertaken in accordance with the approved landscape plan(s), Arborist Report, tree management plan and transplant method statement as applicable, as modified by any conditions of consent. as modified by any conditions of consent.
The following trees shall be retained:
This consent gives approval for the removal of the following trees:
Tree removal may only occur upon issue of a Construction Certificate.
Note: Lane Cove Local Government Area in accordance with State Environmental Planning policy (Biodiversity and Conservation) 2021. Chapter 2, Part 2.2, section 2.6 of this Sepp states:
“A person must not clear vegetation in a non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part “Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000.
All landscape works shall be undertaken in accordance with the approved landscape plan(s), Arborist Report, tree management plan and transplant method statement as applicable, as modified by any conditions of consent.
Reason: To ensure the protection of trees to be retained and to confirm trees removed for pruning/removal.
It is noted that Condition 66 gives approval for pruning Trees 5, 6, 8 within Canberra Street Road Reserve.
7. Deleted
8. A.9.T Works on Council land A 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.
9. No building or demolition works prior to release of construction certificate The building work, or demolition work, must not commence until: a) A Construction Certificate has been obtained from the Council or an Accredited Certifier in accordance with the Environmental Planning and Assessment Act, 1979. b) A Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with the EP&A Act 1979 and the EP&A Regulation 2021. c) Council is given at least two days’ notice in writing of the intention to commence the building works.
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 C & M Consulting Engineers, reference No: 02704-100, revision: 01 and dated on 15/12/22. This amended plan shall satisfy part O of the Council’s stormwater DCP 1. Proposed drainage system should show pipe sizes and invert levels up to the connection point; confirming pipe system satisfies part O of Council’ storm water DCP. 3. Sediment control fence shall be placed around the construction site and shown in plan 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. The stormwater runoff from driveway shall be collected by grated driveway pit and connected to stormwater system. 6. 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. 8. The detailed cross section of the OSD is required, showing levels, sizes, depths and widths. 9. A suitable overflow path for OSD shall be provided. 11. Installation of pipe system and any excavations near the protected trees must be assessed by Council Tree Officer
Certification from a suitably qualified engineer as to the matters below is to be provided to the Principal Certifying Authority, prior to the issue of any CC: · Compliance with the amendments detailed in this condition. · Compliance with Part O: Stormwater Management of Council’s DCP.
Where a variation is sought, written approval is to be obtained from Council’s Urban Services Division.
Reason: To ensure adequate stormwater management in accordance with Council’s DCP.
11. Development consent is not granted in relation to these matters This approval does not give consent to: · Any roof top plant · Any signage · The removal of any trees contrary to the approved plans
Reason: To ensure development is carried out in accordance with this consent.
12. Construction noise and vibration management plan All noise and vibration mitigation measures contained in the Construction Noise and Vibration Assessment Report prepared by Blackett Acoustics, (Report No. BA230502 Version A dated May 2023) shall be fully complied with.
Reason: To minimise adverse amenity impacts from noise and vibration during demolition and construction works.
13. Restrictions on use This consent approves use of the building as serviced apartments as defined under Lane Cove LEP 2009 - Serviced apartments means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents. Consent is not given to any use of the building as a residential flat building, boarding house, or any other use other than serviced apartments.
14. Requirements for serviced apartments a) The maximum period for occupation of a serviced apartment is 3 months. b) Each bedroom shall not accommodate more than two adults and one child. c) A site manager must be on site when guests have access to the premises. d) For safety reasons, sleeping rooms must not include cooking facilities. e) Tiered sleeping facilities (i.e. bunk beds) are not permitted within serviced apartments. f) Toilet and shower facilities within each serviced apartment shall comply with the provisions of the BCA. g) A Plan of Management including a Noise Management Plan must be submitted to Council prior to issue of the OC, published and to remain on the business website, kept on premises and made available on request to an authorised Council or statutory officer, and updated annually describing how on-going operations are to be managed with regard to: (i) ensuring maximum occupancy requirements are not exceeded, and records of guests staying (ii) minimising the impact of noise from the premises to adjoining properties (iii) waste minimisation, storage and collection procedures (iv) staffing arrangements including the number of staff to be employed (v) any proposed shuttle service providing a pick up and drop off service to guests, including details of the timetable and set down arrangements (vi) the maintenance and cleanliness of the premises (vii) ensuring the on-going workability of emergency systems including lighting and smoke detectors, sprinkler systems, and air conditioning (viii) ensuring staff are trained in relation to the operation of the approved Emergency Management and Evacuation Plan (ix) ensuring the placement and composition of furnishing and fittings achieve the appropriate fire safety requirements (x) ensuring premises are regularly checked to ensure fire safety including that all required exits and egress paths are clear and free of locks and obstructions (xi) on-site security and CCTV provision, maintenance and management; (xii) booking procedures to manage car parking allocation and ensure appropriate parking availability; (xiii) Publishing and circulating in the local area a contact phone number for complaints; (xiv) A Complaints Register, including record of how complaints were handled and resolved (also kept on premises and made available on request to an authorised Council or statutory officer); (xiv) Establishment of a Community Liaison Committee, to meet at regular intervals (e.g. quarterly or lesser period decided by the Committee), seeking to allow direct communication of issues between neighbours and the operator, and proactive resolution of such issues in a reasonable manner. h) An Emergency Management and Evacuation Plan must be prepared. i) Evacuation procedures for the building must be displayed within each apartment, lobby and public circulation space. j) Each serviced apartment is to comply with Parts C, D, E and F5 of the BCA so as to ensure there is adequate fire safety in the building and adequate sound insulation between apartments k) The maximum number of persons accommodated in a sleeping room is to be determined on the basis of a minimum of: (i) 5.5m² per occupant staying more than 28 consecutive days; (ii) or 3.25m² per occupant staying 28 or less consecutive days in accordance with the Public Health (General) Regulation 2002.
15. Provision of Facilities Each serviced apartment room is to include the following facilities: · Cooktop – a cook top and oven shall only be provided in the kitchen unit · Oven - a cook top and oven shall only be provided in the kitchen unit · Sink (in addition to that provided in the bathroom); · Microwave · Fridge · Dishwasher · Washing Machine and Dryer (can be in combination). The facilities are to be detailed on the plans prior to the issue of a Construction Certificate, installed prior to the issue of an Occupation Certificate and maintained for the life of the development.
16. Minimum Letting Period The minimum letting period for a serviced apartment within the development is overnight/daily. No hourly letting is permitted.
17. Operation of Car Parking Car parking spaces must be pre-booked at the time of booking accommodation to ensure occupants make adequate provision for the use of private vehicles or where parking is unavailable, use alternate transport means.
18. Reflectivity Report A reflectivity report is to be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of a Construction Certificate certifying that the material schedule will not result in unacceptable glare to pedestrians, motorists, cyclists on Centennial Avenue and Epping Road in accordance with the relevant standards for classified roads. Where necessary, the material schedule shall be amended to achieve compliance.
19. Rooftop Plant No rooftop plant or equipment is approved by this consent with the exception of the lift overrun. All plant and equipment (air-conditioning equipment etc.) is to be housed within the basement level of the building to ensure the building height is in accordance with the determination.
20. Building Maintenance The area external to the building within the subject site and the public footpaths immediately adjacent to the site (Centennial Avenue, Epping Road, and Canberra Street Reserve) are to be kept clean/tidy and free of debris and litter. The area is to be cleaned on a weekly basis and evidence of this arrangement with a cleaning contractor or similar is to be provided to the Council, prior to the issue of an Occupation Certificate.
21. Façade Cleaning The external façade of the building is to be kept clean and free of road grime being cleaned at a minimum rate of once every 6 months and evidence of this arrangement within a cleaning contract or similar is to be provided to Council prior to the issue of an Occupation Certificate.
22. TfNSW General Terms of Approval
1. All buildings and structures, together with any improvements integral to the future use of the site are wholly within the freehold property (unlimited in height lying above a horizontal plane at RL 49 AHD), along the Centennial Avenue and Epping Road property boundary.
2. The redundant driveway on the Epping Road boundary shall be removed and replaced with kerb and gutter to match existing. The design and construction of the kerb and gutter on Epping Road shall be in accordance with TfNSW requirements. Details of these requirements should be obtained by email to DeveloperWorks.Sydney@transport.nsw.gov.au.
Detailed design plans of the proposed kerb and gutter are to be submitted to TfNSW for approval prior to the issue of a Construction Certificate and commencement of any road works. Please send all documentation to development.sydney@ transport.nsw.gov.au.
A plan checking fee and lodgement of a performance bond is required from the applicant prior to the release of the approved road design plans by TfNSW.
3. Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to TfNSW for approval, prior to the commencement of any works. Please send all documentation to development.sydney@transport.nsw.gov.au.
A plan checking fee will be payable, and a performance bond may be required before TfNSW approval is issued.
4. The proposed development should be designed such that road traffic noise from Epping Road is mitigated by durable materials to satisfy the requirements for habitable rooms under clause 2.120 of State Environmental Planning Policy (Transport and Infrastructure) 2021.
5. All vehicles are to enter and leave the site in a forward direction.
6. All vehicles are to be wholly contained on site before being required to stop.
7. The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements in relation to landscaping and/or fencing, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1- 2004, AS2890.6-2021 and AS 2890.2-2018 for heavy vehicle usage.
PART B – PRIOR TO DEMOLITION WORKS
23. 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”.
Reason: To ensure public safety and minimise any impacts to the adjoining pedestrian and vehicular traffic systems.
24. 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.
25. 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.
26. B.4.EH Demolition work plan. A demolition work plan must be prepared for the development in accordance with Australian Standard AS2601-2001 by a licensed demolisher who is registered with the NSW WorkCover.
The demolition work plan must be submitted to the Principal Certifying Authority (PCA), not less than seven working days before commencing any demolition work. A copy of the demolition work plan must be maintained on site and be made available to Council officers upon request. The Demolition Work Plan must include the following information (as applicable): - The name, address, contact details and license 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.
27. B.5.EH – Construction environmental management plan 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.
28. 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.
29. B.13.L – Project Arborist
Prior to the commencement of any works including demolition, a project arborist of minimum Australian qualitative framework (AQF) Level 5 qualification is to be appointed to oversee/monitor trees/condition compliance during the construction process. A letter of engagement must be provided to Council prior to issue of a construction certificate. Compliance certificates must be available upon request, submitted to the Principal Certifier within five days of site attendance and must be available to Council immediately upon request prior to the issue of an occupation certificate; failure to produce the latest certificate will be considered a breach of conditions. Each compliance certificate must contain photographic evidence to confirm site attendance. A compliance certificate is required for each of the following phases.
The project Arborist shall: · Certify all tree protection measures listed within Part B prior to demolition works · Clearly identify which are to be removed and which trees are to be retained as part of this consent · Oversee the removal of T1 located on Councils property and the pruning of Council trees overhanging the site from the Canberra St Reserve · Oversee the demolition of the existing retained wall on the eastern side of the property adjoining the Canberra Street Reserve · Oversee excavation works on the western side of the property within the TPZ of trees 2 and 3 · 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 to be protected on the site.
30. B.14 - Special Condition - Tree Protection Measures - Fencing The following tree protection measures must be in place prior to demolition works and certified by the project arborist.
Tree Protection Fencing must be installed within the following locations: a) Offset 3m from the outside edge of the trunks of trees 2 and 3 encapsulating the grassed area and existing low boundary retaining wall on the western side of the property
The fencing must consist of a 1.8 m high chain mesh fence held in place with concrete block footings and fastened together. An example of fencing is shown under figure 3 on page 16 of the Australian Standard 4970-2009 The Protection of Trees on Development. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed. A waterproof sign must be placed on every second panel stating, ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’ Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.
Such fencing and signage must be erected Prior to Demolition including site preparation and remain in place for the duration of the construction work
Tree numbers have been adopted from the supplied arborist report by Horticultural Management Services dated 5/12/22
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
31. B15 - Special Condition - Tree Protection Measures Trunk Protection
The trunks of the following trees must be protected during the construction period by a trunk guard: Trees 4, 5, 6, 7, 8, 9.
Timber Planks (50mmx100mm or similar) shall be placed at 100mm intervals and must be fixed by wire ties or strapping to a height of 2m. Hessian cloth is to be placed between the trunk and the planks to minimise damage. The timber planks are not to be fixed directly to the tree in any way. An example of suitable trunk protection can be found on page 17 within the Australian Standard 4970-2009 The Protection of Trees on Development Sites. Trunk and branch protection is to be installed Prior to the issue of the construction certificate.
Tree numbers have been adopted from the supplied arborist report by Horticultural Management Services dated 5/12/22
Reason: To protect trees during construction
32. B16 Special Condition – Ground protection
Ground protection is required beneath trees 6, 7, and 8 to protect the visible surface roots from vehicular movement. Ground protection is to consist of: · A geotextile fabric laid on ground · 150mm of a coarse woodchip >20mm laid on top of the fabric · No rumble boards re required in this instance
A suitable example of ground protection can be found under section 4.5.3 of The Australian standard 4970-2009 The Protection of Trees on Development Sites.
Ground protection must be in place Prior to Demolition including site preparation and remain in place for the duration of the construction work
Reason: To limit compaction and root damage to protected trees.
PART C - BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE
33. C.1 – Construction site management plan Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is prepared before it is provided to and approved by the certifier. The plan must include the following matters: a) location and materials for protective fencing and hoardings to the perimeter on the site. b) For sites adjoining bushland a 1.8m chain mesh perimeter fence with 1m sediment fencing attached to the lower portion is required to ensure that no foreign materials enter the bushland. c) provisions for public safety d) pedestrian and vehicular site access points and construction activity zones e) 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. f) 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) g) For major works, appointment of a project arborist of minimum AQF Level 5 qualification to oversee/monitor tree(s) condition during the construction process. h) details of any bulk earthworks to be carried out i) location of site storage areas and sheds j) equipment used to carry out all works k) a garbage container with a tight-fitting lid l) 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. m) 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” 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 site works and construction.
34. C.2 - Erosion and sediment control plan Prior to any demolition works or clearing of any vegetation and before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the certifier: · Council’s development control plan, · the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and · the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust). The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.
Reason: To ensure no substance other than rainwater enters the stormwater system and waterways
35. 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) here 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.
36. 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 Energy Australia 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.
37. 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.
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.8.T - Car parking details and additional Council (Traffic) requirements Additional Council car parking requirements are set out below:
i) The proposed car park design and access shall comply with AS 2890.1. This includes all parking spaces, ramps and aisles. ii) All accessible car parking spaces are to be adequately signposted and line marked and provided in accordance with AS2890.6: 2009 including the adjacent shared space and height clearance. iii) The designated loading space shall comply with the requirements of AS 2890.2-2002 for Loading Facilities and Services Vehicles. iv) Install wheel stops on car parking spaces to prevent any collision with structures or objects. v) The motorcycle parking space shall be signposted and adequately line marked. vi) All vehicles must front in/ front out to/ from the development. vii) A traffic signal system must be installed for this development due to restricted visibility. viii) A Traffic Report demonstrating the safety and functionality of the basement car park, including details of the proposed signalised system shall be provided by an independent traffic consultant and approved by Council’s Development Engineer – Traffic before the issue of the relevant Construction Certificate. This shall include certification of the internal traffic signal system that it complies with the relevant standards and is safe and functional. ix) The Construction Traffic Management Plan (conditioned separately) must be submitted to Lane Cove Council for approval before issuing the Construction Certificate or commencing any demolition works. Consultation with NSW Police, TfNSW, and Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. x) Car parking space allocation shall be clearly signposted. xi) At least one shared car parking space shall be provided.
Reason: To comply with Council car parking requirements.
40. 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 signalised system is to be submitted to and approved by Council’s Traffic Department. Certification of the internal traffic signal system that it complies with relevant standards and is safe and functional is to be provided by an independent Traffic Consultant.
Reason: To ensure safety and functionality of the basement car park.
41. 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.
42. 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.
43. 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.
44. 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.
45. C.20.EH - Compliance with acoustic report The Construction Certificate drawings shall demonstrate compliance with the recommendations contained in the Acoustic Report, prepared by Vision Construction Pty Ltd, dated December 2022 (Report No BA221014). 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.
46. C.21.EH - Detailed site investigation A Detailed Site Investigation (Contamination) (DSI) is to be carried out following demolition of the existing buildings/structures. 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 are to be carried out as part of the DSI. The DSI is to provide recommendation on the need for any further targeted investigation(s) and/or site remediation (if deemed necessary). The DSI and remedial action plan (if required) 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 55 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: i) General site management, site security, barriers, traffic management and signage ii) Hazard identification and control iii) Worker health & safety, work zones and decontamination procedures iv) Prevention of cross contamination v) Appropriate site drainage, sediment controls, and if necessary dewatering vi) Air quality criteria to be implemented during remediation, in accordance with Part 8 of the WHS Regulation 2011 vii) Air and water quality monitoring requirements viii) Air quality management measures for asbestos to protect on-site workers and the surrounding community during remediation, particularly in relation to dust mitigation ix) Site work responses to be implemented during remediation should environmental monitoring criteria be exceeded x) Storage, handling, classification, and disposal of hazardous wastes xi) contingency plans and incident reporting, including Health and Safety and environmental incident management xii) Details of provisions for monitoring implementation of remediation works and persons/consultants responsible (to include contact name and numbers) xiii) Details for deliveries, parking and vehicular access to and from the site, ensuring adequate measure are in place to minimise environmental and neighbourhood disturbance xiv) Any other proposed preventative response procedures to manage the issue of public exposure to contaminants including but not limited to asbestos xv) Containment control zones xvi) 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.
47. C.22.B - Accessibility requirements The construction drawings shall detail compliance with: a) relevant Disability (Access to premises – buildings) standards 2021 including AS1428.1 (as amended); b) Disability Discrimination Act 1992; c) Building Code of Australia; and d) recommendations contained in the approved Access Report (where relevant).
Reason: To ensure equitable access.
48. C.23.B - Sydney Water requirements The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In” for approval. A section 73 certificate is to be obtained for development or subdivision requiring servicing of sewer and water. Reason: To comply Sydney Water requirements.
49. 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.
50. Disabled access
New building work relating to proposed new residential serviced apartment must comply with the National Construction Code (BCA) 2022. 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 occupants including pathways, lift access, accessways leading to accessible toilet facility and accessible carparking space in accordance with the National Construction Code (BCA) 2022, and complying with the design and construction requirements of Australian Standard AS1428.1-2009, AS1428.4 and meet compliance with the Access to Building-Premise Standard 2010.
Reason: Accessibility requirements
51. 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 including details of storage and maneuvering areas · Address impacts on public assets · Address 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.
52. C.26.E - On-site stormwater detention requirements Certification shall be obtained from a suitably qualified Engineer that: · the on-site stormwater detention (OSD) system complies with the requirements under Part O of Council’s DCP; and · 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.
53. C.27.E - Proposed vehicular crossing a) The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The applicant must lodge a Vehicular Crossing Application form and pay the relevant application fee as shown in this form to obtain these levels. This shall be done prior to Construction Certificate. b) The driveway shall be setback a minimum 300mm away from any existing power pole and stormwater pit. c) 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. d) Excavation for the driveway near Council tree(s) and construction shall satisfy Council’s Tree Preservation Officer. 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 (INCLUDING DEMOLITION)
54. 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.
55. 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 construction site management plan are in place. Tree protection measures shall comply with AS4970-2009 – Protection of trees on development sites.
The Demolition Work Plan shall 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.
56. D.3 - Signs on site A sign must be erected in a prominent position on any site on which the building and demolition work is being carried out: a) showing the name, address and telephone number of the principal certifier for the work, and b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c) stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work or demolition work is being carried out but must be removed when the work has been completed.
Note: This does not apply in relation to building work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
Reason: Prescribed condition EP&A Regulation, clauses 98A (2) and (3).
PART E - CONDITIONS TO BE COMPLIED WITH WHILE WORKS ARE BEING CARRIED OUT
57. E.1 - Hours of work The principal certifier must ensure that building work, demolition or vegetation removal is only carried out between:
Monday to Friday (inclusive) 7am to 5.30pm Saturday 8am to 12 noon Sunday and public holidays No works permitted
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 demolition is not carried out on Sundays and public holidays, except where there is an emergency. Unless otherwise approved within a construction site management plan, demolition/construction vehicles, machinery, goods, or materials must not be delivered to the site outside the approved hours. Note: Any variation to the hours of work requires Council’s approval.
Reason: To protect the amenity of the surrounding area.
58. E.2 - Compliance with the Building Code of Australia Building work must be carried out in accordance with the requirements of the Building Code of Australia.
Reason: Prescribed condition - EP&A Regulation clause 98(1)(a)
59. 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.
60. E.4 - Implementation of the site management plans While demolition and 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 demolition and building works.
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 demolition and building work is being carried out, the applicant must maintain all required tree protection measures in good condition in accordance with the construction site management plan required under this consent, the relevant requirements of AS 4970-2009 Protection of trees on development sites, any arborist’s report approved under this consent and conditions B14, B15 and B16. 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.
64. E.25 – Special condition – Stockpiling of Materials
No stockpiling of materials, building equipment or additional activities listed in section 4.2 of AS4970-2009 The Protection of trees on Development Sites is to occur within designated tree protection areas or on the Council Owned Nature Strip. All building materials must be stored within the subject site.
Reason: To mitigate damage to Council land.
65. E.26 – Special Condition – No access to adjoining reserve
There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.
Reason: In compliance with DCP part H.1 Objectives (1. To protect both public and private bushland from adjacent development which could result in any adverse change to the condition of bushland through altered moisture conditions, increased nutrient levels, soil movement, invasive or inappropriate plant species and proximity of development).
66. E.27 – Special Condition – Tree Pruning
Council grants consent for the pruning of Tree No’s 5, 6 and 8 located within the Canberra Street Reserve. Prior to works undertaken, a pruning specification must be submitted to Councils Senior Tree Assessment Officer for approval detailing the following: · Branch order and orientation · Branch diameter at final cut · Total canopy percentage to be removed · Photographs indicating final cut location.
All pruning works must be done in accordance with AS4373-2007 The Pruning of Amenity Trees. All branches must be pruned to branch collars.
Works may only be undertaken Upon issue of a construction certificate. Pruning outside of the authorised works will result in regulatory action.
Reason: To provide appropriate building clearances whilst preserving health and aesthetic of tree.
67. E.28 – Demolition of existing retaining wall
Demolition of existing concrete retaining wall bordering the Canberra St Reserve is to be overseen by the Project Arborist. Roots greater than 30mm diameter are to be documented and protected in accordance with provisions listed within section within 4.5.4 of AS4970-2009 The protection of trees on Development Sites. Roots less than 30mm diameter may be pruned with a shard implement.
Reason: To protect the root system of adjoining trees.
68. E.26 Special condition – Demolition / Excavation for the basement level Demolition of below ground structures and excavation required for the basement level on the western side of the building adjoining trees 2 and 3 must be undertaken by handheld pneumatic breaker tools to a depth of 500mm and overseen by the Project Arborist. Any excavation below 500mm in this area may be done so using machinery. Roots discovered within the excavated area the conflict with footings of the proposed structure must be documented and cleanly pruned with a sharp implement.
Reason: To prevent longitudinal root splitting that can be caused by machinery.
69. 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 payment of approved changes to public infrastructure.
70. E.10 - Shoring and adequacy of adjoining property (if applicable) 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: Prescribed condition - EP&A Regulation clause 98E
71. E.11 - Uncovering relics or Aboriginal objects While demolition and building work is being carried out, all such works must cease immediately if a relic or Aboriginal object is unexpectedly discovered. The applicant must notify the Heritage Council of NSW in respect of a relic and notify the Secretary of the Department of Planning, Industry and Environment and the Heritage Council of NSW in respect of an Aboriginal object. Building work may recommence at a time confirmed by either the Heritage Council of NSW or the Secretary of the Department of Planning, Industry and Environment. In this condition: · “relic” means any deposit, artefact, object or material evidence that: 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.
72. E.12 - Cut and fill (if applicable) 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.
73. 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.
74. 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 clauses 162A, 162B and 163 of the EP&A Regulation 2000. Where Lane Cove Council is appointed as the PCA, an inspection is to be booked for each of the following relevant stages 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
75. 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.
76. 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.
77. 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.
a) No portion of the proposed structure shall encroach onto the adjoining properties. b) The proposed construction shall not encroach onto any existing Council drainage pipe or easement unless approved by Council. If a Council stormwater pipe is located at site during construction, Council is to be immediately notified. Where necessary the drainage line is to be reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the drainage pipe are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval. c) No encroachment is to occur into public open space.
Reason: To ensure works are contained wholly within the subject site
79. 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.
80. E.21.EH - Storage and assessment of potentially contaminated soils All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site. 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.
81. 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.
PART F – BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE
82. 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. · 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. · 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 all proposed works have been constructed satisfying relevant Australian standards. · Certification from a Traffic Engineer for a swept paths for proposed car parking space and garage in forward in/out directions.
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.
83. F.2 - Completion of public utility services Before the issue of the relevant occupation certificate, the principal certifier must ensure any adjustment or augmentation of any public utility services required as a result of the development is completed to the satisfaction of the relevant authority. All costs associated with the relocation or removal of services shall be borne by the applicant.
The certifier must request written confirmation from the relevant authority that the relevant services have been completed.
Reason: To ensure the required changes to public utility services are completed, in accordance with the relevant agency requirements before occupation.
84. F.3 - Post-construction dilapidation report (if relevant) 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 the 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.
85. 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.
86. 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 bond submitted will be used to cover the rectification work.
Reason: To ensure any damage to public infrastructure is rectified.
87. F.6 - Removal of waste upon completion Before the issue of an occupation certificate, the principal certifier must ensure all refuse, spoil and material unsuitable for use on-site is removed from the site and disposed of 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 of or satisfactorily stored.
88. F.7 - Completion of landscape and tree works Before the issue of an occupation certificate, the principal certifier must be satisfied that all landscape and tree-works, including pruning in accordance with AS 4373-2007 Pruning of amenity trees and the removal of all noxious weed species, have been completed in accordance with the approved plans and any relevant conditions of this consent. Additional Council requirements are outlined below: · Certification of the above shall be provided by the project arborist (if applicable) or by a qualified practising landscape architect. Certification shall also be provided for the following: subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings. All landscaping areas have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.
Reason: To ensure the approved landscaping works have been completed before occupation, in accordance with the approved landscaping plan(s).
89. F.9.T - Certification of basement traffic signal system Certification of the internal traffic signal system that it complies with relevant standards and is safe and functional is to be obtained from an independent Traffic Consultant. Waiting bays are to be adequately line marked.
Reason: To ensure safety and functionality of the basement car park.
90. F.10.E – Footpaths a) 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. b) 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 safety.
91. 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.
92. F.13.EH - Outdoor lighting Outdoor lighting shall comply with Australian Standard AS 4282-1997 – Control of the obtrusive effects of outdoor lighting. Where sites adjoin bushland, all outside lighting must be appropriately baffled to minimise light pollution into the bushland area. Native plantings may be used to absorb lighting.
Reason: To protect the amenity of nearby residential properties
93. F.18.EH - Waste collection Prior to the issue of any Occupation Certificate, the applicant shall prepare and submit to Council’s Waste Section for approval, a Waste Management and Minimisation Plan in accordance with Part Q of Lane Cove DCP 2010. Details shall be provided for waste collection and any Council requirements met.
Reason: To ensure sustainable waste management.
94. F.19 - Special Condition – 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. Trees shall be planted in accordance with the approved landscape plans including the following:
· 1x Syncarpia glomulifera (Turpentine) planted from a container size of 200L must be planted on Council Owned Land on the Western Side of the property.
Trees must be installed in accordance with provisions outlined within AS2303:2018 Tree Stock for Landscape Use and signed off by the project arborist Prior to the issue of any Occupation Certificate.
Reason: Replacement Planting.
95. G.1.B - Sydney Water requirements (if applicable) A section 73 certificate is to be obtained for development or subdivision requiring servicing of sewer and water.
Reason: Sydney Water requirement.
96. H.1 - Release of securities / bonds (if required) When Council receives an occupation certificate from the principal certifier, the applicant may lodge an application to release the securities held. 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 the 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. (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.
PART H – OCCUPATION AND ONGOING USE
99. H.4 – Maintenance of wastewater and stormwater treatment device (if applicable) During occupation and ongoing use of the building, the applicant must ensure all wastewater and stormwater treatment devices (including drainage systems, GPT 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.8.EH - Regulated systems Any air handling and water systems regulated under the Public Health Act 1991 must be installed, operated, and maintained in accordance with the requirements of the Public Health (Microbial Control) Regulation 2000. The premise is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.
Reason: To satisfy Council’s Engineering requirements and to ensure health and safety.
Panel Reasons
The Panel supports the findings in the Assessment Report and endorses the reasons for the approval contained in that Report subject to changes to the above conditions.
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The decision of the Panel was unanimous |
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That pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 21 June 2023 refuse Development Application DA21/2023 for alterations and additions to an approved mixed-use development (see Annexure 1 for reasons for refusal).
The subject Development Application to be refused on the following grounds:
1. The proposed base Building Height variation under the height of buildings map referred to in Clause 4.3(2) of Lane Cove Local Environmental Plan (LCLEP) 2009 and the applicant’s written request pursuant to Clause 4.6 of LCLEP 2009 is not supported as the proposed development would have a maximum height of 48.16m which would exceed the maximum 9.5m base building height development standard by 38.66m.
(Section 4.15(1)(a)(i),(b),(c) & (e) of the EP & Act, 1979).
2. The proposed base Floor Space Ratio (FSR) variation under the height of buildings map referred to in Clause 4.4(2) of LCLEP) 2009 and the applicant’s written request pursuant to Clause 4.6 of LCLEP 2009 is not supported as the proposed development would have a maximum FSR of 3.58:1 which would exceed the maximum 0.5:1 base FSR development standard by 3:08:1.
(Section 4.15(1)(a)(i),(b),(c) & (e) of the EP & Act, 1979).
3. In particular the applicant’s written request made under Clause 4.6(3) of the Lane Code LEP seeking contraventions of the height and FSR development standards, does not demonstrate that the development standards are unreasonable or unnecessary in the circumstances of the case; neither do they demonstrate that there are sufficient environmental planning grounds to justify contravening the development standards. In particular, the grounds relied upon do not identify circumstances particular to the site, as required by Sub-Clause 4.6(3)(a).
4. In accordance with Clause 4.6(5) of Lane Cove LEP 2009, the Panel considers the proposed contraventions raise significant regional environmental implications in terms of varying “bonus” development standards not intended to be varied by Part 7.4 and Clause 4.6(8) of Lane Cove LEP 2009, and in this instance there is public benefit in maintaining those intended bonus FSR and Building Height development standards as intended.
5. The proposed development does not satisfy the intent and operation of Part 7 Additional local provisions – St Leonard’s South Area, Clause 7.1 – Development on land in St Leonard’s South Area of LCLEP 2009 as it attempts to circumvent Clause 7.1(3)(a) of LCLEP 2009 to exceed the maximum 44m building height identified on the Incentive Height of Buildings Map which contains a Clause 4.6 prohibition.
(Section 4.15(1)(a)(i),(b),(c) & (e) of the EP & Act, 1979).
6. The proposed development does not satisfy the intent and operation of Part 7 Clause 7.6(3)(1) – Design Excellence - St Leonard’s South Area objective and relevant Clause 7.6(4) Heads of Consideration of LCLEP 2009.
(Section 4.15(1)(a)(i),(b),(c) & (e) of the EP & Act, 1979).
7. The proposed development represents as an ‘overdevelopment’ on the subject development site and is inconsistent with the following aims, R4 High Density Residential, Building Height and FSR objectives of LCLEP 2009: · to establish, as the first land use priority, Lane Cove’s sustainability in environmental, social and economic terms, based on ecologically sustainable development, inter-generational equity, the application of the precautionary principle and the relationship of each property in Lane Cove with its locality – Clause 1.2(2)(a) Aims of Plan. · to preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community - Clause 1.2(2)(b) Aims of Plan. · in relation to residential development, to provide a housing mix and density that: - is compatible with the existing environmental character of the locality, and - has a sympathetic and harmonious relationship with adjoining development - Clause 1.2(2)(c)(ii) & (iii) Aims of Plan. · to ensure development allows for reasonable solar access to existing buildings and public areas – Clause 4.3(1)(a) – Height of buildings. · to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable - Clause 4.3(1)(b) – Height of buildings. · to seek alternative design solutions in order to maximise the potential sunlight for the public domain - Clause 4.3(1)(c) – Height of buildings. · to relate development to topography - Clause 4.3(1)(d) – Height of buildings. · to ensure that the bulk and scale of development is compatible with the character of the locality – Clause 4.4(1)(a) – Floor space ratio. · to ensure that the existing amenity of residences in the neighbourhood is respected – Zone R4 High Density Residential objective dot point 5. (Section 4.15(a)(i),(b),(c) and (e) of the EP & A Act, 1979).
8. The development does not comply with the following requirement of Lane Cove Development Control Plan (LCDCP) 2009 Part C - Residential Localities: · Number of storeys/part storey controls (Part 7 – Built Form Figure 10 – Height of Buildings (in storeys) and Control No. 7 – Height in Storeys under the ‘Building Envelope Table’ of Locality 8 – St Leonard’s South Precinct). The proposed development with the maximum 14 storey building coupled with the non-compliant building height proposed is considered unsatisfactory, resulting in a poor built outcome which would affect the level of amenity for future residents and public domain users of the South St Leonard’s precinct. The development does not satisfy the following DCP vision overall and built form objectives as follows: - The desired future character of the St Leonard’s South Precinct is for a liveable, walkable, connected, safe, Precinct which builds upon the transit and land use opportunities of St Leonard’s and Metro Stations and commercial centre – Part 2 Vision. - Optimise solar access to all buildings, public domain and private open space – Part 7 Built Form. Objective 10. (Section 4.15(a)(iii), (b),(c) and (e) of the EP & A Act, 1979).
9. The proposal does not comply or address the following requirements State Environmental Planning Policy (SEPP) No. 65 and the Apartment Design Guide (ADG) with respect to: · Context and Neighbourhood Character – SEPP 65 Principle 1 (the proposal does not respond to its intended context and neighbourhood character of South St Leonards (SLS) precinct). · Built Form and Scale – SEPP 65 Principle 2 (the proposed built form and scale does not reflect the anticipated built form specified in the LEP and DCP controls for the SLS precinct). · Density – SEPP 65 Principle 3 (the proposal relies on substantial variations to accommodate the proposed increase in density permitted and they do not provide for good planning outcomes in this instance). · Amenity – SEPP 65 Principle 6 (the design would not provide for high levels of external amenity for future residents and public domain users). · Aesthetics – SEPP 65 Principle 9 (the proposal fails to provide for a highly integrated aesthetic development in relation to its proposed built-form). · ADG Part 3 Siting the Development (the proposal does not demonstrate good design decisions have been made in relation to the site-specific context). · ADG Part 3B Orientation (the proposal has not addressed the additional impacts of the proposal would have on the future intended precinct due to the proposed variations to building height, FSR and the number of storeys). · ADG Part 3C Public Domain Interface (Not satisfactory due to the proposed variations to building height, FSR and the number of storeys contributing to a poor built outcome to the public domain). · ADG Part 3F Visual Privacy (Not satisfactory due to the proposed building visual impact, height, number of storeys, setbacks and separation to the green spine/pedestrian link areas and to the northern boundary). · ADG Part 4M Facades (the proposed façade does not provide for a high level of visual interest due to the breaches to the building height, the number of storeys and the setbacks to the green spine/pedestrian link areas). (Section 4.15(a)(i), (b),(c) and (e) of the EP & A Act, 1979).
10. The proposal would unreasonably add to the intensity, bulk and scale of the development resulting in an overdevelopment of the site. The proposed development would have an unreasonable visual impact upon the future and envisioned South St Leonards precinct. The impacts on both the environmental, the built and social environments of the locality are unsatisfactory.
(Section 4.15(1)(a)(iii),(b),(c) and (e) of the EP & A Act, 1979).
11. The subject Development Application should be refused because the proposal would represent as an overdevelopment and the overall design would not be suitable for the subject development site having regard to the unnecessary impacts that the proposed intensification would have on the newly adopted precinct.
(Section 4.15(1)(a)(iii),(b),(c) and (e) of the EP & A Act, 1979).
12. The subject Development Application should be refused primarily for the reasons provided above, and approval of the application would be contrary to the public interest. Approval of the proposal would be contrary to the public interest as it would provide for an overdevelopment of the subject development site that would depart from the envisaged future development of this site located within a new high density residential precinct which should respond to and be informed by a more sensitive building design through: · reduced height; and · reduced number of storeys). (Section 4.15(1)(a)(iii),(b),(c), (d) and (e) of the EP & A Act, 1979). 13. The subject Development Application should be refused because approval of the proposed development would set an undesirable and a dangerous precedent for similar inappropriate developments within the South St Leonards precinct.
(Section 4.15(1)(a)(iii),(b),(c), (d) and (e) of the EP & A Act, 1979).
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The decision of the Panel was unanimous |
The meeting closed at 7pm
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